Agreement w/ Kerr & Downs Research 6 201/-2 77 b'9
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
KERR & DOWNS RESEARCH, LLC
FOR
COMMUNITY SATISFACTION SURVEY SERVICES
PURSUANT TO
RFP No. 03 -11/12
This Professional Services Agreement ( "Agreement ") is entered into this 28th day of
December, 2011 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ( "City "), and
KERR & DOWNS RESEARCH LLC, a limited liability company whose address is 2992
Habersham Drive, Tallahassee, Florida 32309 (Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant I performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No. 03-
11/12 for Community Satisfaction Survey Services together with all
amendments thereto, issued by the City in contemplation of this
Agreement (RFP), and the Consultant's proposal in response thereto
(Proposal), all of which are hereby incorporated and made a part
hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; RFP; and the
Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673 -7000, Ext. 6435: and fax number (305) 673 -7023.
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit "A" hereto (the Services).
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and /or schedule in Exhibit "B" hereto.
2.3 The following table summarizes the project roles of the members of the project team.
Changes in the aforestated project team members shall require the prior written approval of
the City Manager prior to implementation.
City of Miami Beach
Carmen Rosabal Hiers Phillip Downs, Ph. D. Formisano, Ph.
Jennifer Bu Fjoeseph St. Germa
Paul Woth poon Data assistants
I I F
IntervieweVupervisors
Interviewer
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, as referenced in the Effective Date on Pg. 1 hereof, and shall have an initial
term of two (2) years, with two (2) renewal options of two (2) years each, to be exercised at
the City Manager's sole option and discretion by providing Consultant with written notice of
same no less than thirty (30) days prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and /or performance milestones for completion and delivery of the
Services, as same is /are set forth in the timeline and /or schedule referenced in Exhibit "B"
hereto.
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SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated on
a fixed fee basis, in the amount of $86,730, for the Community Satisfaction Surveys, and
$2,000 per focus group, or $5,000 per day, for up to four (4) focus groups.
4.2 In addition to the fixed fee in subsection 4.1 above, the Consultant will be reimbursed
for travel expenses for the Community Satisfaction Surveys. Travel is anticipated to be
incurred for methodology and survey instrument review with the Commission Committee of the
Whole, presentations, and focus groups, as deemed necessary, Notwithstanding the preceding,
Consultant shall submit to the City manager or his /her Designee, for his /her review and approval,
an estimated travel budget prior to incurring such expenses for same.
4.3 Payments shall be made on a lump sum basis, by Task, for Services satisfactorily
rendered pursuant to the Scope of Work and Task Deliverables specified in Exhibit "A ", and
upon completion of each Task, in a manner satisfactory to, and as reasonably approved and
received by, the City Manager and /or his /her designee. Such invoice shall include a detailed
description of the Services provided. Travel expenses shall be billed, as incurred, based on
supporting receipts and invoices at costs consistent with Florida Statutes (and subject further
to the initial submission requirements in subsection 4.2 hereof).
TASK LUMP SUM FEE
Task 1: Survey Design $ 4,450.00
Task 2: Survey Instrument $ 1,400.00
Questionnaire
Task 3: Survey Pre -test $ 1,130.00
Task 4: Communications Plan $ 1,450.00
Task 5: Report Design $ 700.00
Task 6 and 7: Survey Administration/ $ 77,400
Analysis and Presentation Of Survey
Results
Total $ 86,730.00
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4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address:
City of Miami Beach
City Manager's Office - 4 Floor
Attn: Kathie G. Brooks, OBPI Director
1700 Convention Center Drive
Miami Beach FL 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Consultant of its violation of the particular term(s) of this Agreement, and shall grant
Consultant ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Consultant. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the
Consultant. The City, at its sole option and discretion, shall be entitled to bring any
and all legal /equitable actions that it deems to be in its best interest in order to
enforce the City's right and remedies against Consultant. The City shall be entitled to
recover all costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
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5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1 %) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City
to the Consultant for the Consultant's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of $1,000,000;
2. Consultant Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B +"
as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and /or services commencing) and will be kept on file in the Office of the
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Risk Manager. The City shall have the right to obtain from the Consultant specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub - consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities
P g 9 re q
and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE /JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$10,000. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount
in excess of $10,000 for any action or claim for breach of contract arising out of the
performance or non - performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
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SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manger may, in his /her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and /or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and /or records relating to all matters
covered by this Agreement. Consultant shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETED]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and /or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity
Crimes with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Consultant shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital and familial status, or
age.
10.6 CONFLICT OF INTEREST
The Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Consultant further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
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Consultant. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Consultant and the City listed below or
may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONSULTANT: Phillip E. Downs Ph.D.
Kerr & Downs Research, LLC
2992 Habersham Drive
Tallahassee, Florida 32309
TO CITY: City of Miami Beach
City Manager's Office - 4 th Floor
Attn: Kathie G. Brooks, OBPI Director
1700 Convention Center Drive
Miami Beach FL 33139
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
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12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk Wa
FOR CONSULTANT KERR & DOWNS RESEARCH, LLC
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EXHIBIT A
SCOPE OF SERVICES
Task 1: Survey Design
Develop methodology, sampling plan, etc. to ensure statistically valid results by
geographic area of the City (five areas for the resident surveys and three areas for the
business surveys) and that are reflective of the City's residents and businesses.
Key components of this task are:
• Discuss study objectives with key staff members, review the advantages and
disadvantages inherent in data collection methods, and work with the City of Miami
Beach to select the optimal approach.
• Conduct one -on -one telephone calls or meetings with Commissioners to review
objectives and identify any priority issues that need to be addressed in the survey
• Review previous studies and information generated by the City of Miami Beach
• Recommended sampling plan and administration methodology to ensure
• a ninety -five (95) percent confidence rating in the survey findings with a five
point plus or minus variance for each geographic area, including sub - samples
for demographic sub - groups that are reflective of census and business
demographics citywide and for each geographic region and quotas for
demographics and geographic regions to ensure that that the data is reflective
of the population of Miami Beach and large enough for analysis by sub -
samples
• samples that are representative of both landlines and cell phones in proportion
to the overall population
• Review of the proposed draft survey questionnaire with staff and with the Commission
Committee of the Whole
• Recommendations from the Committee of the Whole shall be incorporated into the
final design, as appropriate CRPP shall submit the survey design to the City of Miami
Beach project personnel for final approval
Task 1 deliverables
• Proposed Methodology and Sampling Plan
• Final Methodology and Sampling Plan
Due Date: January 31, 2012
Task 2: Survey Instrument Questionnaire
Review and evaluate the current survey instrument and questions and propose
recommended changes to ensure questions will generate unbiased responses while
also ensuring that the City does not lose the ability to monitor and evaluate trends.
Key components of this task are:
• Recommend changes to the 2009 survey instrument necessary to improve design to
ensure questions will generate unbiased responses while also ensuring that the City
does not lose the ability to monitor and evaluate trends for core questions in the
2005, 1007 and 2009 surveys
• Recommend questions to be deleted or added based on discussion with staff
• Present the proposed revised instruments at the City Commission Committee of the
Whole for review and input along with the rationale for the changes.
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• Incorporated recommendations from the Committee of the Whole final instruments as
appropriate and submit all instruments to the City of Miami Beach project personnel
for final approval.
• Review and provide input on translation to Spanish performed by the City of Miami
Beach
Task 2 deliverables
• Recommendations for changes in questions, questions to be deleted and questions
to be added
• Draft Questionnaires for Review with Commission Committee of the Whole
• Final Questionnaires in English and Spanish
Due Date: February 15, 2012
Task 3: Survey Pre -test
Pretest survey instrument and revise as needed.
Key components of this task are:
• Pre -test the questionnaire on at least ten residents and ten business. Additional pre-
testing may be required if changes from the 2009 surveys are significant.
• Following the pre -test, identify any problems, ambiguous areas, or incorrect skip
patterns.
• Modify the questionnaire will be made based on the pre -test analysis after
consultation with City staff.
Task 3 deliverables
• Recommendations for changes to the survey questionnaire as a result of the pre -test
• Revised Questionnaires in English and Spanish
Due Date: February 22, 2012
Task 4: Survey Communications Plan
Develop the communications plan for the survey
Key components of this task are:
• Discuss potential communications options with Communications Department staff to
communicate survey activities with the community
• Develop scrips, letters, etc. necessary to support the Communications Plan
Task 4 deliverables
• Final Communications Plan, including communication scripts, letters, etc.
Due Date: January 31, 2012
Task 5: Report Design
Design format for an executive summary and /or detailed written report that will be
used to present the survey findings.
Key components of this task are:
• Review concepts for inclusion in the draft report with key staff
• Prepare draft outline for draft report and list of key slides for PowerPoint presentation
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Task 5 deliverables
• Final Outlines for Draft report
Due Date February 28, 2012
Task 6: Survey Administration
Administer the survey to ensure a ninety -five (95) percent confidence rating in the
survey findings with a five point plus or minus variance for each geographic area,
taking into consideration the following factors:
(i) Sample size, including sub - samples for demographic sub - groups that are reflective
of census and business demographics citywide and for each geographic region;
(ii) Random selection of respondents to the survey;
(iii) Non - respondents not affecting survey results; and
(iv) Survey implementation, including select interviewers as appropriate.
Key components of this task are:
• Provide all interviewer training. Topics to be covered in the training sessions will
include: purpose of the survey, how the information will be used, benefits to
respondents in completing the survey, sampling procedure, selection of appropriate
household member, detailed review of the questionnaire, methods for handling
objections protocols for call backs, coding procedures, maintaining a telephone log,
and role playing and practice interviews
• Review each question with staff to identify and clarify any potential area of ambiguity,
with attention to technical terminology, open -ended questions, and complex/multi-
stage questions /skip patterns.
• Instruct all field staff to politely try provide opportunities for call backs on refusals or
when business owners /decision makers are not available.
• If a respondent is found to speak Spanish or another language, the call will be routed
to bilingual interviewers.
Task 6 deliverables
• Weekly summaries of completion rates by demographic sub - groups for each of the
geographic areas
Due Date: March 31, 2012
Task 7: Analysis and Presentation of Survey Results
(i) Code the completed survey and computerize the data;
(ii) Develop cross tabulations as required;
(iii) Analyze key drivers of community satisfaction
(iv) Compare results to other municipalities and jurisdictions; including comparison to
the National Research Center database
(v) Prepare an executive written summary summarizing key survey findings and
detailed written report of the responses to survey questions, including actionable
recommendations for customer service improvements;
(vi) Make verbal presentation to the City Commission and/or City staff as required;
and
(vii) Determine that changes in survey results or trends identified by different surveys
are statistically valid.
Key components of this task are:
• Provide preliminary high level results in summary form to the City
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• Identify key drivers of satisfaction with City of Miami Beach government using
statistical analyses.
• Provide a comparative summary of like questions /results between the Miami Beach
2012 Survey and the National Citizen Survey conducted by the National Research
Center in collaboration with ICMA, in a manner consistent with the similar analysis for
the 2009 survey.
• Provide a comparative summary of like questions /results between the Miami Beach
2012 Survey and similar jurisdictions in the database maintained by the Consultant.
• Develop GIS maps interpreting survey results
• Provide draft report and PowerPoint presentation to the City for review, according to
the agreed upon outline in Task 5.
• Present findings to the City Commission, addressing City comments on the report and
PowerPoint drafts.
• Prepare final report and PowerPoint.
Task 7 deliverables
• Weekly summaries of completion rates by demographic sub - groups for each of the
geographic areas
• Draft report and PowerPoint
• Final Report and PowerPoint
Due Date: March 31, 2012
Follow -on Focus Groups
The consultant will be responsible for conducting follow -on focus groups, as
necessary, and at the sole option of the City, to delve further into issues identified
through the community surveys.
Key components of this task are:
• Work with City to determine appropriate methodology for selection of focus group
participants.
• Provide City with drafts of proposed focus groups scripts in advance of the focus
groups for review and comment.
• Moderate focus groups
• Provide summary results
Follow -on Focus Group deliverables:
• Summary of focus group results
Due Date: TBD
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EXHIBIT
PROJECT TIMELINE
SURVEY TASKS January February March Aril May June '
Task 1: Survey Design
Task 2: Survey Instrument Questionnaire
Task 3: Survey Pre -test
Task 4: Communications Plan,'
Task 5: Report Design
Task 6: Survey Administration
Task 7: Analysis/ Presentation Of Results ! ;
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