HomeMy WebLinkAboutAgreement between National Research Center, Inc. and City of Bozeman for Three Focus Groups with ResidentsAGREEMENT BETWEEN NATIONAL RESEARCH CENTER, INC. AND
CITY OF BOZEMAN, MONTANA
THIS AGREEMENT, made and entered into this 25th day of February, 2008, by
and between City of Bozeman hereinafter referred to as "The Client", and National
Research Center, Inc., hereinafter referred to as'Consultant,' WITNESSETH:
WHEREAS, the Client plans to undertake a set of three focus groups ("the
project"), and;
WHEREAS, the Client desires to retain the services of the Consultant to conduct
the project relative thereto and the planning and designing thereof as set forth in this
agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties hereto agree as follows:
1. The Client hereby retains the Consultant for the project, to perform the
services on the terms and conditions specified herein and the Consultant
agrees so to serve. The parties agree that the Consultant shall be an
independent contractor and shall not be an employee of the Client. The
Consultant, as an independent contractor, is not entitled to workers'
compensation benefits and unemployment insurance benefits. and the
Consultant is obligated to pav federal and state income tax on any mo_ne_ys
earned pursuant to the contract relationship
2. The budget and workplan are attached hereto as Exhibit A and made a part of
this agreement. Consultant agrees to perfarm the work described in Exhibit A
in compliance with all provisions of this agreement. Consultant represents that
it has the requisite authority and capacity to perform all terms and conditions
on Consultant's part to be performed hereunder.
3. The work will begin and be completed in accordance with Exhibit A.
4. The Client agrees to pay Consultant for services rendered pursuant to this
agreement the sums set forth in the manner set forth as follows, as adjusted to
reflect the omission or addition of any of the tasks set forth therein. One initial
payment of ~ 566.00 shall be made upon signing of the contract. Further
payments shall be made upon billing by the Consultant, which billing shall
occur not mare frequently than twice per month, and which shall identify the
tasks performed for each task. Payment will be made to the Consultant within
30 calendar days.
5. The Client reserves the right to monitor and evaluate the progress and
performance of the Consultant to ensure that the terms of this agreement are
being satisfactorily met in accordance with the Client monitoring and
evaluating criteria and standards. Consultant shall cooperate with the Client
relating to such monitoring and evaluation.
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6. Insurance Requirements
(a) Comprehensive General Liability, The Consultant shall procure and keep
in force during the duration of this contract a policy of Comprehensive
General Liability insurance insuring the Consultant against any liability
for personal injury, bodily injury, or death arising out of the performance
of services hereunder and against liability for property damage with a
combined single limit of at least $1,000,000.
(b) Comprehensive Automobile Liability, The Consultant shall procure and
keep in force during the duration of this contract a policy of
Comprehensive Automobile Liability insurance insuring the Consultant
against any liability for personal injury, bodily injury, or death arising from
the use of motor vehicles and shall cover operations on or off the site of
all vehicles controlled by the Consultant whether they are owned, non-
owned, or hired with a combined single limit of at least $1,000,000.
Policies described in (a) and (b) above shall be for the mutual and joint
benefit and protection of the Consultant and The Client.
(c) Other Insurance, The Consultant shall procure and keep in force during
the term of the contract Workmen's Compensation and such other
insurance as may be required by any law, ordinance or governmental
regulation.
(d) Prior to commencement of work, the Consultant shall furnish to The
Client certificates of insurance policies evidencing the required
coverages if the Client so desires.
The Client reserves the right to approve variations in the above requirements
upon request of Consultant if, in the Client's opinion, such variations do not
substantially affect the Client's interests.
7. Indemnification, The Consultant hereby covenants and agrees to indemnify,
defend, save, and hold the Client harmless from any and all liability, loss,
costs, charges, obligations, expenses, attorneys' fees, litigation, judgments,
damages, claims and demands of any kind whatsoever in connection with,
arising out of Consultant's negligence or any material violation of the contract
or of any law, ordinance or regulation by the Consultant, his agents,
employees, servants, subcontractors, business invitees; or by reason of any
injury or damage caused by Consultant's negligence occurring to any person
or persons whomever (including the Consultant, his agents, employees,
servants, subcontractors or business invitees) or to property of any kind
whatsoever and to whomever belonging (including the Consultant, his agents,
employees, servants, subcontractor or business invitees).
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8. This agreement may be terminated by either party upon five (5) days' written
notice. In the event of termination by the Client, the Client shall be liable to
pay to Consultant fees for services and expenses incurred to date of
termination.
9. This agreement shall be binding upon, and shall inure to the benefit of, the
parties hereto, their successors and assigns.
10. Arbitration.. If a reasonable settlement can not be negotiated, either
bilaterally or through voluntary arbitration, disputes and controversies of
every kind and nature between the parties to this Agreement arising out of or
in connection with this Agreement may be submitted to arbitration pursuant
to the following procedure:
(a) Either party desiring arbitration shall submit such demand in writing,
which demand shall include the name of the arbitrator appointed by the
party demanding arbitration, together with a statement of the matter in
controversy.
(b) Within fifteen (15) days after such demand, the other party shall name
an arbitrator, or in default of such naming, such arbitrator shall be named
by the Arbitration Committee of the American Arbitration Association,
and the two arbitrators so selected shall name a third arbitrator within
fifteen (15) days, or in lieu of such agreement on a third arbitrator by the
two arbitrators so appointed, a third arbitrator shall be appointed by the
Arbitration Committee of the American Arbitration Association.
(c) The arbitrators may award to the successful party in the arbitration a
reasonable sum for the successful party's attorney's fees, together with
the costs of the arbitration.
(d) The arbitration hearing shall be held at the offices of NRC, 3005 30tH
Street, Boulder, Colorado, on thirty (30) days' notice to the parties.
(e) The arbitration rules and procedures of the American Arbitration
Association shall be utilized in the arbitration hearing and the law of the
evidence of the Sate of Colorado shall govern the presentation of
evidence of such hearing.
(f) An award rendered by a majority of the arbitrators appointed under and
pursuant to this Agreement shall be final and binding on all parties to the
proceeding during the period of this Agreement, and judgment on such
award my be entered by either party in the highest court, state or federal,
having jurisdiction.
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[CITY OF BOZEMAN, MT]
Signature:
II -- A II//
Print: ~,+'T ~, S /`F ~ ~V R~ l3 ~ ~
Date: 3 ~ ~ - O
Title: G,T~/ N(r~r~a5e1'
(State of Montana)
(County of Gallatin)
NATIONAL RESEARCH CENTER, INC
f
y
Signature:
Print: Thomas I Miller
Date: 24 January, 2008
Title: National Research Center, Inc. President
(State of Colorado)
(County of Boulder)
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Exhibit A
Scope of Work
City of Bozeman, Montana Focus Groups
National Research Center, Inc. (NRC) is contracted to conduct three 1.5-hour focus
groups with City of Bozeman residents. These focus groups will serve as follow-up to
the recent survey conducted by NRC. Focus group questions will explore those areas of
City services deemed most in need of improvement by City staff, particularly thase
areas in which responses were "below the norm" when compared to the database of
resident surveys compiled by NRC.
Division of Responsibilities:
NRC is responsible for script development, facilitation. of each group (including
provision of incentives), preparation of data, analysis and reporting. The City will be
responsible far recruitment of participants, securing the location and providing
refreshments for each group. NRC will be available for consultation as well. Together,
the City and NRC will set a schedule to accommodate three groups in two days.
Deliverables:
NRC can provide the City with a final report based an the qualitative data collected. If
the City is interested, transcripts and/or tapes can also be made available to the City.
Costs:
Three focus groups (facilitation, audiotaping, analysis, report) ...................................$7,598
Hard costs for focus groups (transcription of data) ...........................................................$563
Hard costs for travel (1 person, 2 nights) ........................... $
................................................. 970
Total .......................................................................................................................................$9,131
NRC will invoice upon signing of the contract and upon delivering the final report.
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•
NATIONAL
RESEARCH
L E N T E N ANC.
Scope of Work: City of Bozeman, Montana, Focus Groups
National Research Center, Inc. (NRC) is contracted to conduct three 1.5-hour focus
groups with City of Bozeman residents. These focus groups will serve as follow-up to
the recent survey conducted by NRC. Focus group questions will explore those areas of
City services deemed most in need of improvement by City staff, particularly those
areas in which responses were "below the norm" when compared to the database of
resident surveys compiled by NRC.
Division of Responsibilities
NRC is responsible far script development, facilitation of each group, preparation of
data, analysis and reporting.
Questions will be devised by NRC in consultation with the City of Bozeman. Typically,
1-3 iterations between NRC and the client will result in a finely crafted focus group
script that reflects the interests of all stakeholders and fits the time allotted to the
groups.
An experienced facilitator from NRC will conduct all three focus groups in English.
NRC will digitally tape and subsequently transcribe all three groups to prepare data for
analysis. NRC will perform qualitative data analysis on the collected data using QSR
NVivo, software commonly used in the social sciences for qualitative data. NRC will.
deliver to the City a thorough report, including direct quotes to back up all
generalizations and conclusions.
The City will. be responsible for recruitment of participants, securing the location and
providing refreshments for each group. NRC is available for consultation in all of these
areas as well. Participants will be selected at random by City staff from the City of
Bozeman's utility customer database. The city can expect to pull approximately 65-80
people from the sample and invite them to participate in the focus groups. To account
for the possibility of no-shows, it is recommended that the City recruit ].5-18 people for
a 12-person group and 13-15 people fora 10-person group, i.e., have this many people
agree aver the phone to attend the focus group.
3005 30`" St., Boulder, CO 80301 • t: 303.444.7863 • f: 303.444.1145 • www.n-r-c.com
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Central locations that are easy to find and provide ample parking are ideal far holding
focus groups. Room necessities include a closable door, a round or rectangular table,
seating for all people around the table, electrical outlets. Depending on the questions
asked, a white board or flip chart may be needed.
Refreshments typically include non-packaged foods such as fruit, muffins, etc.
(Unwrapping noisy packaging can interfere with taping.) Mealtime groups may require
additional refreshments beyond snack foods, such as sandwiches, bath to encourage
participation and to thank them for their time.
NRC has budgeted for two overnight stays far one staff member. Together, the City and
NRC will set a schedule to accommodate three groups in two days. Usually, a workable
weeknight schedule is 5:30-7:00 and 7:30-9:00 one night, followed by another 5:30-7:00
the next night. Another likely passibility is Saturday 10:30-12:00, 12:30-2:00 and 2:30-
4:00, or alternatively, two Saturday groups followed by one Sunday midday group.
Transcripts (without identifying information about participants) can be provided to the
City, along with audio tapes. The City is also welcome to videotape the focus group. We
recommend strongly that no city staff sit in on the group, as this will distort our
impartial exploration.
Costs:
Three focus groups (facilitation, audiotaping, analysis, report) ......:............................$7,598
Hard costs far focus groups (transcription of data) ...........................................................$563
Hard costs for travel (1 person, 2 nights) ............................................................................$970
Total .......................
........$9,131
3005 30"' St., Boulder, CO 80301 • t: 303.444.7863 • f: 303.444.1145 • www.n-r-c.com
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NRC Timeline
This timeline is subject to change through discussion between NRC and the City gf~Bozeman.
Task Date
First invoice (1/2 cost) ......................................................................... upon signing of contract
Conduct focus groups .................................................................................................... Apri12-3
Transcribe focus group data ...................•...................---•..•...-...•..•.-.•......•.......Through Apri111
Analyze data and write report .......................................................................... Through May 2
Report emailed to City of Bazeman ................................................................................ May 2
Draft reviewed by City ................................................................................................By May 16
NRC finalizes report-------------------------------------------------••--•-------.......................................By May 23
Final invoice sent .............................................................................................. upon final report
3005 30`h St., Boulder, CO $0301 • t: 303.444.7863 • f: 303.444.1145 • www.n-r-c.com
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