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2015-29227 Reso RESOLUTION NO. 2015-29227 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE CITY MANAGER'S RECOMMENDATION BY 5/7THS VOTE . AND WAIVING THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ETC INSTITUTE INC., IN THE AMOUNT OF $85,572, TO CONDUCT THE CITY'S 2016 COMMUNITY SATISFACTION SURVEYS. WHEREAS, pursuant to Resolution No. 2006-26341, the Mayor and City Commission adopted the recommendation of the City's Budget Advisory Committee to create a strategic plan that identifies multi-year strategic priorities (Key Intended Outcomes) with corresponding result measures for each priority; and WHEREAS, in 2005, the City formalized its performance-based approach for allocating resources based on the priorities identified in the City's Strategic Plan and based on supporting department work plans developed in accordance with the City's Excellence Model; and WHEREAS, the City's Excellence Model is a strategic measurement-based model for continuous improvement; and WHEREAS, the City's Vision reflects the priorities established at the strategic level, based on customer input and environmental scan information; and WHEREAS, a key component of the City's Strategic Plan is to obtain input from the City's residents and business owners through the City's Community Satisfaction Surveys, which have been conducted biennially since 2005; and WHEREAS, since 2005, the City has engaged professional consulting companies to conduct Community Satisfaction Surveys to a statistically valid sample of residents and businesses in the City of Miami Beach to gauge community satisfaction levels corresponding with the strategic priorities set forth in the City's Vision; and WHEREAS, the Community Satisfaction Surveys enable the City to make data-driven decisions regarding the City's basic services and strategic initiatives, thereby allocating resources to priorities identified by community stakeholders; and WHEREAS, the City Manager recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to enter into an agreement with ETC Institute Inc. ("ETC Institute") to conduct the City's 2016 Community Satisfaction Surveys to residents and business owners; and WHEREAS, ETC Institute has facilitated community surveys for Miami-Dade County, Broward County, and the City of Fort Lauderdale with outstanding reviews; and WHEREAS, ETC Institute proposes to use a large sample size (1,800 residents and 1,000 businesses), which will minimize sampling errors and allow the City to compare survey results against national and regional benchmarks for more than 80 types of local government services; and WHEREAS, additionally, ETC Institute will develop Importance-Satisfaction matrices to display the perceived importance of core services against the perceived quality of service delivery; and WHEREAS, this research, along with GIS mapping, will allow ETC Institute to generate maps to visually show whether and to what extent residents and business owners are satisfied with the delivery of services in different areas of the City; and WHEREAS, the City's previous consulting firms did not offer many of the services offered by ETC Institute; and WHEREAS, the City Manager recommends that, pursuant to Section 2-367 of the City Code, the Mayor and City Commission waive the competitive bidding requirement, finding such waiver to be in the best interest of the City for the reasons set forth in this Resolution; and WHEREAS, the City's agreement with ETC Institute is attached hereto as Exhibit "A". NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the City Manager's recommendation by 5/7ths vote and waive the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve and authorize the Mayor and City Clerk to execute an agreement with ETC Institute Inc., in the amount of$85,572, to conduct the City's 2016 Community Satisfaction Surveys. PASSED and ADOPTED this 9th day of December, 2015. ATTEST: /i Philip L vin, May!I II �. ael E Granado '' .. ,—~ ... ... 4 1i :: City Clerk �•'' y �•'••����p APPROYAGE ED AS TO * . �= �•��� � t* k.\Nco : FOR EXECUTION RP OR A TED ! (3( _FORM & i 401 / 1/ D ♦,�� •. ./ , -= City Attorney CH 26 ����'� - F:WTTO\KALN\RESOLUTIONS\Reso approving Agreement with ETC.Institute.docx COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH ETC INSTITUTE FOR COMMUNITY SATISFACTION SURVEY SERVICES Key Intended Outcome Supported: Ensure a universal culture of high-quality customer service is driving the conduct of the city commission and all city employees; Streamline the delivery of services through all departments Supporting Data: N/A Item Summary/Recommendation: In alignment with the strategic planning process, as adopted by Commission, through Resolution 2006-26341, the City has engaged a professional consulting company to conduct bi-annual Community Surveys since 2005. The surveys will be conducted by telephone to a statistically valid sample of residents and businesses in the City of Miami Beach to gauge community satisfaction in selected areas. The proposed vendor, ETC Institute, has facilitated community surveys in more than 500 cities and counties including both Ft. Lauderdale, Coral Springs, Miami-Dade County, and Broward County with outstanding reviews. This organization will also provide an additional GIS mapping service that was not offered by the previous vendor to provide more accurate data and perceptions in each part of the city. Pursuant to Miami Beach City Code, Section 2-312, professional services are unique in their nature and are not subject to competition. ETC Institute qualifies as a management consulting firm, and therefore, is exempt from the competitive requirements. Financial Information: Source of Amount Account Funds General $85,000 011-9322-000367 Fund City Clerk's Office Legislative Tracking: John Woodruff, OBPI Director, ext. 6224 Sign-Offs: Department Director Assistant City Manager City Manager 1�l / � MIAMIBEACH lT�M A►CEAGENDA MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSIO MEMORANDUM TO: Mayor Philip Levine and Members o the City Co 1 ission FROM: Jimmy L. Morales, City Manager 1i DATE: December 9, 2015 SUBJECT: A RESOLUTION' OF THE MAY 0 R AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, ' FLORIDA, AUTHORIZING THE ADMINISTRATION TO EXECUTE AN AGREEMENT WITH ETC INSTITUTE FOR COMMUNITY SATISFACTION SURVEY SERVICES. BACKGROUND The purpose of this Letter to Commission is to provide evidence supporting the authorization of the administration to execute an agreement with ETC Institute to conduct the 2016 Community Satisfaction Surveys to residents and business owners. In 2005, the City formalized the performance-based approach for allocating resources based both on the City's Strategic Plan priorities and on supporting department work plans based on the City's Excellence Model. The City's Excellence Model is a strategic measurement-based model for continuous improvement. It is driven by the City's Vision, with priorities established at the strategic level based on customer input and environmental scan information. A key component of this process is the Community Satisfaction Survey. The first sets of community surveys were conducted in 2005 and 2007. These were followed by focus groups in 2006 and 2008 to get more in-depth information on issues identified through the surveys. Additional surveys were conducted in 2009, 2012, and 2014. Questions posed in the Community Satisfaction Surveys cover each of our City's priority areas in a brief phone survey asking approximately 88 questions to residents and 95 questions to business owners. ANALYSIS The proposed 2016 residential and business surveys will be the sixth set of comprehensive statistically valid community satisfaction surveys since 2005. The 2016 survey will build upon previous surveys in that many questions asked in previous studies will be included in the 2016 study allowing comparisons to be analyzed through historic trends. With new initiatives and priorities evolving over time, additional questions have been proposed addressing transportation, sea-level rise, sustainability, and resiliency. Community Satisfaction Survey December 9, 2015 Page 2 The administration has entered into negotiations with a new vendor, ETC Institute, a market research consulting firm, which has specialized in the design and administration of market research for governmental organizations since 1982. ETC Institute has conducted research for more major U.S. communities than any other firm, including Broward County, Ft. Lauderdale, Miami-Dade-County, Tamarac, and Coral Springs. Both Ft. Lauderdale and Miami-Dade County have indicated extreme satisfaction with the results of previously conducted surveys and have recommended them as a reputable firm to engage. In order to provide the most exhaustive and representative feedback our City government receives from residents and businesses, ETC Institute's contract addresses improvements in technology which will enable the City to further pinpoint strategic direction. The large sample size proposed(1;800 residents and 1,000 businesses) will produce minimal sampling errors and will be benchmarked with national and regional benchmarking data for more than 80 types of local government services. Additionally, ETC Institute will develop Importance-Satisfaction matrices to display the perceived importance of core services against the perceived quality of service delivery. This feature along with GIS mapping, which will allow for generation of maps to visually show how satisfied residents and business owners are with the delivery of services in different parts of the city, are some of the features ETC Institute provides that were not offered by previous consulting firms. ETC Institute, is identified as a management consulting firm, and in pursuance with Section 2-312, Miami Beach City code, such professional services are unique in their nature and are not subject to competition, and therefore is exempt from the competitive requirements CONCLUSION The intended purpose of the Community Satisfaction Surveys is to gather crucial data on general feedback and input from our residents and businesses on their level of satisfaction with the services we provide, refine and develop priority areas for our organization, and produce actionable recommendations for improvements to our services. The administration recommends executing the negotiated contract with ETC Institute which provides for strict adherence to an agreed upon deliverable schedule to ensure timely delivery of data and in-depth presentations on all survey information. JLM/JW/KEG ,/r K� PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND ETC INSTITUTE INC. TO CONDUCT THE CITY'S 2016 COMMUNITY SATISFACTION SURVEYS This Professional Services Agreement ("Agreement") is entered into this 9th day of December, 2015, 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 ETC Institute Inc., a Kansas corporation authorized to conduct business in Florida, whose address is 725 W. Frontier Circle, Olathe, Kansas, 66061 ("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 performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. 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. SECTION 2 SCOPE OF 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 "A" hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall have a term of two (2) years. 1 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 set forth in the timeline and/or schedule referenced in Exhibit "A" hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in an amount not to exceed $85,572.00. The breakdown of Consultant's fee is set forth in Exhibit "A". 4.2 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: John Woodruff, Budget Director Office of Budget and Performance Improvement 1700 Convention Center Dr. 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. 2 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. 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, or 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 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. The insurance certificates for General Liability and Professional Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. 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 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 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 JURISDICTIONNENUE/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 this Agreement 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 the compensation/fee to be paid to Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages arising out of any action for breach of contract to be limited to a maximum amount of 4 the compensation/fee to be paid to Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. 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 the compensation/fee to be paid to Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, 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] 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. 9:00 am — 5:00 pm, Monday through Friday, excluding nationally recognized holidays), and as often as the City Manager 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 DELETETD] 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. 5 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, intersexuality, 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 may be amended from time to time; both of which are hereby incorporated by reference as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly 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, Consultant shall not employ any person having such interest. 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: Chris Tatham, CEO ETC Institute Inc. 725 W. Frontier Circle Olathe, KS 66061 TO CITY: John Woodruff, Budget Director Office of Budget and Performance Improvement City of Miami Beach 1700 Convention Center Dr. 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. 6 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. 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. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer to the City, at no cost to the City, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be 7 provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 8 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: Rafael Granado Philip Levine City Clerk Mayor Date: Date: FOR CONSULTANT: ETC INSTITUTE INC. ATTEST: By: Chris Tatham CEO Print Name/Title Date: Date: APPROVED AS TO FORM & LANGUAGE FO EX CUTION. d151\ (1-.13115 City Attorney Date 9 C ETC INSTITUTE MARK ETINO RESEARCH,DEMOQRAPHY.STATISTICAL APPLICATIONS - 725 W.FRONTIER CIRCLE.OLATHE.KANSAS 66061 (913)829-1215 FAX:(913)829-1591 November 11, 2015 Kate Gonzalez, City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 ext 6354 Subject: Proposal to Conduct a Resident and Business Survey Dear Ms. Gonzalez: ETC Institute is pleased to submit a scope of work and fee to conduct a resident and business survey for the City of Miami Beach. The specific services that will be provided for each project are described below. Part 1: Resident Survey Scope of Work The services ETC Institute would provide for the resident survey are described below. Task 1.1: Design Survey Questionnaire. ETC Institute will meet with the City via conference call/webinar to discuss the goals and objectives for the project. ETC Institute will also review any previous surveys conducted by the City. To facilitate the survey design process, ETC Institute will provide the City with sample surveys created by ETC Institute for similar projects. At this time, ETC Institute's analysis tools will also be discussed and our firm will suggest which tools would be best for the City to use. Based on input from the City, ETC Institute will develop a first draft of the survey. ETC Institute's will work closely to ensure that the City's input is utilized to create a survey that best fits the needs of the City. It is anticipated that 3-4 drafts of the survey will be prepared before the survey is approved by the City. Deliverable Task 1.1: Approved Survey Instrument Task 1.2: Design Sampling Plan. ETC Institute will develop a sampling plan for administering the survey to a random sample of 1,800 residents. A sample of 1,800 completed survey will allow ETC Institute to provide statistically valid results for the entire City and up to five geographic areas. A sample of 1,800 surveys would have a precision of at least +/- 2.3% at the 95% level of confidence. Deliverable Task 1.2. A description of the sampling plan. • EXHIBIT 1 I r , Task 1.3: Conduct Pilot Test. Once the survey is approved, ETC Institute will test the survey with at least 30 residents before the survey is administered. Any problems or issues that are identified will be reported to the City and corrective action will be recommended and taken as appropriate. Deliverable Task 1.3: Recommendations for changes to the survey(if any) Task 1.4: Administer the Survey. ETC Institute will administer by the survey by a combination of mail, Internet and phone. The process for administering the survey is described below. • ETC will work with the City to develop a communication plan for the survey. As part of this task, ETC Institute will provide the City with sample press releases that can be used to notify the public about the survey. Advance publicity can significantly enhance the response rate. • Once the press release is issued, ETC Institute will send a 30-second recorded message by phone to each of the households that were selected for the survey. The message will explain the survey and encourage residents to return the survey by mail. • Once the recorded message is played, ETC Institute will mail a copy of the survey instrument and a postage-paid return envelope to each of the households that were selected for the survey. The survey will include a letter on City letterhead that explains the purpose of the survey and that indicates all survey responses will remain anonymous. Even if residents do not respond to the mailed version of the survey, sending the survey prior to contacting residents by phone increases the response rate because residents know the survey is legitimate. Portions of the cover letter and survey can be translated into Spanish (as well as other languages) to provide non-English speaking residents with assurances about the legitimacy of the survey. • The cover letter will also list a toll-free number that residents can call if they have questions about the survey. The toll-free number will be listed in both English and Spanish. • ETC Institute will also post the survey on the Internet where the survey can be completed by residents who are randomly selected and those who represent special interests. TC Institute will include a web address on the survey cover letter where residents can complete the online version of the survey. When completing the online survey, residents will be required to enter their home address at the end of the survey to validate their response. This is how ETC Institute can track and only include responses from residents who were randomly selected for the survey. • Phone interviewers working in ETC Institute's call center will rehearse the phone version of the survey. Special attention will also be paid to the treatment of non- English speaking respondents, particularly those who speak Spanish. • ETC Institute will conduct phone calls until a minimum of 1,800 surveys are completed. Phone follow-ups will be concentrated in areas where the response to the mail survey is low to ensure the survey is representative of the entire City and will focus on various demographics to ensure the end results are representative of the City. • ETC Institute will monitor the distribution of the sample to ensure that the sample reasonably reflects the demographic composition of the City with regard to age, geographic dispersion, gender, ethnicity and other factors. Deliverable Task 1.4: ETC Institute will provide a copy of the overall results to each question on the community survey. Task 1.5: Analyze the Survey Results. Following the completion of the survey, ETC Institute will perform data entry, editing, and verification of all survey responses. The analysis tools that will be included in this project are described below: . o Benchmarking Analysis. Benchmarking analysis is a highly effective tool that helps decision-makers interpret the meaning of community survey data. If 64% of residents are satisfied with the condition of City streets, is that good or bad? Without comparative data, it is difficult to know. ETC Institute maintains national and regional benchmarking data for more than 80 types of local governmental services. ETC Institute will compare Miami Beach's results with other communities and provide data similar the data shown in the chart below. • Perceptions of the City Austin vs. Large U.S.Cities by percentage of respondents who rated the item as a 4 or 5 on a 5-point scale where 5 was'very satisfied" National Comparisons Overall quality of services provided by the City 46% 65% %%%%//%%%//// ////%%%///%/• '%%/%�% The City as a place to raise children % %% - 78%79% %iii%%�///f/% %%%%%%% i 78% The City as a place to live 89% ////' r/// %74 Overall quality of life in the city %// 80% The City as a place to work , %/"�// %%//%/% , 747 0 �7% Overall value that you receive for your city taxes ��� � //3 36% _ 49% %%%//%%/1 %%% %%%60% The City as a place to retire 64°,5 How well the City is planning growth '';4/' % The City's efforts to support diversity 65% 0% 20% 40% 60% 80% 100% EI National avg for cities with pop.>250.000 •Austin Source:ETC Institute DirectionFinder(2011)Final Results o Importance-Satisfaction Priorities Analysis. Importance-Satisfaction (I-S) Analysis is a tool that allows public officials to use survey data as a decision- making resource. The Importance-Satisfaction analysis is based on the concept that public agencies will maximize overall satisfaction by emphasizing improvements in those service categories where the level of satisfaction is relatively low and the perceived importance of the service is relatively high. The table below offers an example of the I-S Rating from the 2014 City of Dallas Community Survey. The table shows that the City of Dallas could maximize resident satisfaction with parks and recreation services by investing in walking and biking trails, City parks, and the appearance/maintenance of parks. Investments in the City's golf courses would have the least impact on overall satisfaction with the City's parks and recreation system. 2014 Importance-Satisfaction. Rating City of Dallas Park and Recreation Services Most Most Importance- Important Important Satisfaction Satisfaction Satisfaction I-S Rating Category of Service % Rank % Rank Rating Rank High Priority(IS.10-20) Walking and biking trails in the City 35% 2 60% 7 0.1400 1. City parks 36% 1 71% 2 0.1044 2 Appearance/maintenance of parks 29% 3 65% 3 0.1015 3 Medium Priority(IS<.10) Outdoor swimming facilities 15% 8 35% 14 0.0975 4 Recreation programs or classes 17% 4 58% 10 0.0714 5 Range/variety of recreation programs/classes 15% 7 54% 12 0.0690 6. Recreation centers/facilities 16% 5 59% 8 0.0656 7 Outdoor athletic facilities 15% 6 59% 9 0.0615 8 Ease of registering for recreation programs/events 9% 11 55% 11 0.0405 9 Accessibility of parks 12% 9 70% 2 0.0360 10 Accessibility of recreation centers/facilities 10% 10 64% 4 0.0360 11 Indoor swimming facilities 5% 14 36% 13 0.0320 12 Appearance of recreation centers/facilities 8% 12 62% 6 0.0304 13 City golf courses 7% 13 62% 5 0.0266 14 ETC Institute will also develop Importance-Satisfaction matrices to display the perceived importance of core services against the perceived quality of service delivery. The two axes on the matrices will represent Satisfaction and Importance. The I-S (Importance-Satisfaction) matrix allows public officials to analyze the survey data as described below and an example of the analysis is provided on the following page. • Continued Emphasis (above average importance and above average satisfaction). This area shows where the City is meeting customer expectations. Items in this area have a significant impact on the customer's overall level of satisfaction. The City should maintain (or slightly increase) emphasis on items in this area. • Exceeding Expectations (below average importance and above average satisfaction). This area shows where the City is performing significantly better than customers expect the organization to perform. Items in this area do not significantly impact the customer's overall level of satisfaction. The City should maintain (or slightly decrease) emphasis on items in this area. • Opportunities for Im p rovement (above average im p ortance and below average satisfaction). This area shows where the City is not performing as well as residents expect the City to perform. This area has a significant impact on customer satisfaction. The agency should DEFINITELY increase emphasis on items in this area. • Less Important (below average importance and below average satisfaction). This area shows where the City is not performing well relative to the agency's performance in other areas; however, this area is generally considered to be less important to residents. This area does not significantly impact the customer's overall level of satisfaction because the items rated are less important to residents. The City should maintain current levels of emphasis on items in this area. 2012 City of Oklahoma City DirectionFinder Importance-Satisfaction Assessment Matrix -Overall- (points on the graph show deviations from the mean importance and satisfaction ratings given by respondents to the survey) mean importance Exceeded Expectations Continued Emphasis lower importance/higher satisfaction higher importance/higher satisfaction Quality of fire service• Quality of ambulance service. •Quality of police service Quality of City water utilities• C Customer service• V o _ N V Effectiveness City communication w/public• Quality of parks and rec programs/facilities •Flow of traffic/ease of getting around town U) Enforcement of City codes/ordinances• 4+ t0 co 'Quality of the City's public transit system Maintenance of City streets. Less Important Opportunities for Improvement lower importance/lower satisfaction higher importance/lower satisfaction Lower Importance Importance Rating Higher Importance Source: ETC Institute(June 2012) o GIS Mappin_q. ETC Institute will prepare maps that show the results of specific questions on the survey. ETC Institute will geocode the home address of resident survey respondents to latitude and longitude coordinates. This allows our team to generate maps that visually show how satisfied residents are with the delivery of City services in different parts of the City. ETC Institute can create maps that show which parts of the City have the lowest and highest concentrations of satisfaction. GIS mapping is an effective tool for communicating the results of the survey to elected officials and the general public. An example of the kinds of maps that will be prepared is provided below. For example, the following map identifies areas in Arlington County, Virginia where residents were dissatisfied with the maintenance of County streets. The shaded colors on the map correspond to the level of satisfaction. Areas of blue indicate higher levels of satisfaction, yellow areas indicate neutrality and orange or red areas indicate dissatisfaction. Satisfaction with the maintenance of County streets �� l �, LEGEND r S' Mean rating �� - on a 5-point scale,where: s l errs 1.0-1.8 Very Dissatisfied r ,rtm 1.8-2.6 Dissatisfied ��� 2.6-3.4 Neutral 3.4-4.2 Satisfied \\'h Ca 1 ! �- �-_ wrts L-f `\ 0 ' ----'4,,.. ,- v II.4.2-5.0 Very Satisfied err �� �ti Other(no responses) \ce, �te \; :) -:7,, i.:4 .r" 3 ,. C _ H ''� l 7/// •}., ti: .°\ ../ _ ,- Potential {•} i,a Areaof �_, - x „/ / -L \ 1 �r i r �\ Concern <:- �`� , ,,,, c, , Ltr: 7:/- ,,,,,,,,`* '') f,i! '\_ ,' ;-i. _ o Develop Performance Indices. If desired, ETC Institute can also develop performance indices for the City that can be used to objectively measure the overall performance of the City in key areas over time. The chart below shows the composite performance index that is generated from quarterly customer satisfaction survey data collected by ETC Institute for the City of Olathe's Municipal Services Department. The composite rating reflects the Department's performance in 22 areas of customer service. In this example, the Department has set a goal of achieving a composite rating of at least 80.00. The checkmarks show when Olathe achieved this objective. Composite Customer Satisfaction Performance Index Olathe Public Works Planning & Environmental Services 2nd Quarter 2012 90. 90.0 88.7 tolp ae 87.2 fie 86.6 85.7 Nor 85. 85.• 85.0 )34.2 lie 84.E :3.883.' 84:2 :3.4 83.3 83. 82.8 82. 82.0 82.1 GOAL=80 81.4 :1.1 80.7 80.9 81.4 - 80. 80.0 75.0 70.0 4Q 1Q 20 30 4Q 1Q 2Q 30 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 2Q 3Q 4Q 1Q 20 004 2006 I 2007 I 2008 I 2009 I 2010 I 2011 1 2012 Source: ETC Institute Suivei-(2nd Quarter 2012) Task 1.6: Prepare Final Report. ETC Institute will prepare a final written report that includes, at a minimum, the following: o an executive summary that includes a description of the survey methodology and major findings o charts and graphs for all questions on the survey o benchmarking analysis that shows how the City compares to other large communities throughout the U.S. o importance-satisfaction analysis which will include tables and matrices that show the top opportunities for improvement o tables showing the results for all questions on the survey, including any open-ended questions o cross-tabulations that will show the survey results by City Council district and other key demographic variables as requested by the City o GIS maps that show geocoded survey results by City Council district for selected questions on the survey o copy of the survey instrument • ETC Institute will make one formal on-site presentation of the survey results to City officials. • ETC Institute will also prepare a 1-2 page press briefing document that the City can use to discuss the findings with the press and other interested groups. Deliverable Task 1.6: ETC Institute will prepare and submit 1 copy of the draft report for the City to review. Once the City provides feedback on the draft report, ETC Institute will prepare 10 bound copies of the final report. The reports will include a table of contents, will be tabbed and the pages will be numbered. An electronic copy of the final report will be made available to the City. ETC Institute will also provide the City with the raw survey data in an Excel spreadsheet, or other format requested by the City. Resident Survey Schedule December 2015 • Agreement approved and signed • Initial discussion with the City to discuss survey goals & objectives • ETC Institute provides the City with a draft survey • City staff review the content of the draft survey and provide feedback to ETC Institute January 2016 • ETC Institute revises the survey based on input from the City • ETC Institute provides the City with the final sampling plan specifications • ETC Institute conducts a pretest of the survey • Results of the pretest are reported to the City and discussed • ETC Institute revises the survey as necessary • City approves the survey instrument • Press releases issued • Data collection begins February-March 2016 • Draft report submitted • Discuss changes to draft report April 2016 • Final report delivered • On-site presentation Part 2: Business Survey Scope of Work The services ETC Institute would provide for the business survey are described below. Task 2.1: Design Survey Questionnaire. ETC Institute will meet with the City via conference call/webinar to discuss the goals and objectives for the business survey. ETC Institute will also review any previous surveys conducted by the City. Based on input from the City, ETC Institute will develop a first draft of the survey. ETC Institute's will work closely to ensure that the City's input is utilized to create a survey that best fits the needs of the City. It is anticipated that 3-4 drafts of the survey will be prepared before the survey is approved by the City. Deliverable Task 2.1: Approved Survey Instrument Task 2.2: Design Sampling Plan. ETC Institute will develop a sampling plan for administering the survey to a random sample of 1,000 businesses. A sample of 1,000 completed survey will allow ETC Institute to provide statistically valid results for the entire City and up to five geographic areas. A sample of 1,000 surveys would have a precision of at least +/- 3.0% at the 95% level of confidence. Deliverable Task 2.2. A description of the sampling plan. Task 2.3: Conduct Pilot Test. Once the survey is approved, ETC Institute will test the survey with at least 15 business before the survey is administered. Any problems or issues that are identified will be reported to the City and corrective action will be recommended and taken as appropriate. Deliverable Task 2.3: Recommendations for changes to the survey(if any) Task 2.4: Administer the Survey. ETC Institute will administer by the survey by a combination of mail, Internet and phone. The process for administering the survey is described below. • ETC will work with the City to develop a communication plan for the survey. As part of this task, ETC Institute will provide the City with sample press releases that can be used to notify local businesses about the survey. Advance publicity can significantly enhance the response rate. • ETC Institute will mail a copy of the survey instrument and a postage-paid return envelope to each of the businesses that are selected for the survey. The survey will include a letter on City letterhead that explains the purpose of the survey and that indicates all survey responses will remain anonymous. Portions of the cover letter and survey can be translated into Spanish (as well as other languages) to provide non-English speaking businesses with assurances about the legitimacy of the survey. • The cover letter will also list a toll-free number that residents can call if they have questions about the survey. The toll-free number will be listed in both English and Spanish. • ETC Institute will also post the survey on the Internet where the survey can be completed by businesses who are randomly selected and those who represent special interests. ETC Institute will include a web address on the survey cover letter where residents can complete the online version of the survey. When completing the online survey, businesses will be required to enter their business address at the end of the survey to validate their response. This is how ETC Institute can track and only include responses from businesses who were randomly selected for the survey. • Phone interviewers working in ETC Institute's call center will rehearse the phone version of the survey. Special attention will also be paid to the treatment of non- English speaking respondents, particularly those who speak Spanish. • ETC Institute will conduct phone calls until a minimum of 1,000 surveys are completed. Deliverable Task 2.4: ETC Institute will provide a copy of the overall results to each question on the community survey. Task 2.5 and 2.6: Analyze the Data and Prepare a Final Report. Following the completion of the survey, ETC Institute will perform data entry, editing, and verification of all survey responses. ETC Institute will then submit a final report to the City. At a minimum, this report will include the following items: o an executive summary that includes a description of the survey methodology and major findings o charts and graphs for most questions on the survey, including charts that show trends from previous surveys o tables showing the results for all questions on the survey, including any open-ended questions o cross-tabulations that will show the survey results by City Council district and other key demographic variables as requested by the City o GIS maps that show geocoded survey results by City Council district for selected questions on the survey o copy of the survey instrument • ETC Institute will also prepare a 1-2 page press briefing document that the City can use to discuss the findings with the press and other interested groups. • ETC Institute will make one (1) formal presentation of the survey results at a public meeting Deliverable Task 2.5: ETC Institute will prepare and submit 1 copy of the draft report for the City to review. Once the City provides feedback on the draft report, ETC Institute will prepare 10 bound copies of the final report. The reports will include a table of contents, will be tabbed and the pages will be numbered. An electronic copy of the final report will be made available to the City. ETC Institute will also provide the City with the raw survey data in an Excel spreadsheet, or other format requested by the City Business Survey Schedule December 2015 • Agreement approved and signed • Initial discussion with the City to discuss survey goals & objectives • ETC Institute provides the City with a draft survey • City staff review the content of the draft survey and provide feedback to ETC Institute January 2016 • ETC Institute revises the survey based on input from the City • ETC Institute provides the City with the final sampling plan specifications • ETC Institute conducts a pretest of the survey • Results of the pretest are reported to the City and discussed • ETC Institute revises the survey as necessary • City approves the survey instrument • Press releases issued • Data collection begins February-March 2016 • Draft report submitted • Discuss changes to draft report April 2016 • Final report delivered • On-site presentation Fee The table below shows the fees for conducting the two surveys. The total fee for both surveys will be $85,572. Task# Description Fee RESIDENT SURVEY 1.1 Survey Design $ 1,500.00 1.2 Sampling Plan $ 1,500.00 1.3 Pilot Test $ 2,200.00 1.4 Survey Administration $ 36,300.00 1.5 Analysis $ 7,200.00 _ 1.6 Final Report/Presentation $ 3,472.00 Subtotal Resident Survey $ 52,172.00 BUSINESS SURVEY 2.1 Survey Design $ 1,000.00 2.2 Sampling Plan $ 1,000.00 2.3 Pilot Test $ 1,750.00 2.4 Survey Administration $ 21,450.00 2.5 Analysis $ 5,800.00 2.6 Final Report/Presentation $ 2,400.00 Subtotal Business Survey $ 33,400.00 GRAND TOTAL BOTH SURVEY $ 85,572.00 CLOSING: We appreciate your consideration of our proposal and look forward to your decision. If you have any questions, please do not hesitate to call me at (913) 254-4512. Sincerely, Christopher Tatham CEO