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RES 2000-0056 - Contract with THe Gallup Organization for survey for identifying issues of concern re race and community relations (not adopted). / F otgAHA,N4,e o . F Human Relations Department :;,``,�j_��'�� RECEIVED . ,- to kw, Omaha/Douglas Civic Center Trftlr(15\O :#, 1819 Famam Street,Suite 502 zc® Pli� ai � DEC T111 Omaha,Nebraska 68183-0502 °0;- �``.t-�•ry (402)444 5055 °4TFD FEBRVr 4 1 T ., r F z i' Telefax(402)444-5058 City of Omaha Hal Daub,Mayor Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving the award of a contract with The Gallup Organization to provide survey research services to the city for the purpose of identifying issues of concern related to race and community relations in our city. The conduct of such a survey is an integral part of the grant received from the U.S. Department of Justice dealing with hate crimes accepted by the City Council on September 28, 1999, by Resolution No. 2639. The Community and Race Relations Commission established in 1997 has also recommended the conduct of such a survey to further its efforts and work on behalf of the entire community. The survey work proposed herein will consist of two phases of work. The first phase will consist of four focus groups whose complement is developed from the Commission and whose efforts will result in the questionnaire to be presented to the community that will represent the issues relevant to the citizens of Omaha. The second phase will be the delivery of the questionnaire, by telephone, to approximately 1400 respondents in the metropolitan area. The randomly selected telephone numbers will include an over- sample of approximately 200 each Hispanic and Black interviews. The questionnaire and survey will take no more than. 12 minutes for each interview and will consist-of questions dealing with race and community relations(80%)and hate crimes(20%). • The total cost of the survey efforts of The Gallup Organization is $40,000 which will be paid from the following sources: $10,000 from the Hate Crimes Grant, $10,000 from the general fund, $10,000 from 1 the Lozier Corporation and $10,000 from the United Way of the Midlands. 1 The Gallup Corporation has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department; the Human Relations Director will review the firm to determine its compliance with Ordinance 28885. The Human Relations Department recommends approval of this Resolution and Contract. Sincerely, Referred tV Ci Co ncil for Consideration: c9.6e,(g, 102. — i&/9 G 7K Paris-Asaka ate Mayor's Office/T D e Human Relations Director Apr ved as to Funding: ouis A. D'Ercole ate Finance Director P:\OHRD\4818pjm.doc e ••1 1 THE GALLUP ORGANIZATION PRINCETON October 1, 1999 Kellie Paris City of Omaha 1819 Farnam St. Omaha,NE 68183 Dear Kellie, This letter of arrangement is to confirm our mutual understanding with respect to the terms and conditions under which The Gallup Organization("Gallup")will provide survey research services to the City of Omaha("Client"). This letter sets forth the scope of services which Gallup will perform,Client's required involvement and assistance in support of our services,the fee arrangement,and other terms and conditions designed to ensure that Gallup's professional services achieve the stated objectives of Client. 1. The scope of services to be performed under this arrangement and the descriptions and schedule of deliverables are set forth on the attached Exhibit A. Modifications or changes to the scope of services or deliverables shall require a signed letter of authorization. A form letter of authorization is attached as Exhibit B. Under no circumstances shall Gallup be responsible for conducting any additional or different services,nor shall any modifications or project timelines be initiated,until the letter of authorization has been duly executed by Client's Contracting Officer and received by Gallup. Receipt by Gallup shall be deemed effective when Gallup's Contracting Officer has received the fully executed letter of authorization. Notice to any other Gallup employee or in any other manner shall be ineffective and shall not be binding upon Gallup. 2. Client agrees to pay Gallup$40,000(the"service fee")for the services set forth in Exhibit A of this letter. One-half of the service fee$20,000 must be received by Gallup prior to initiating services. Delays in receipt of the initial payment will extend timelines and deliverable schedules accordingly. The balance of the service fee$20,000 will be billed 30 days after services are completed. All expenses pre-approved by the client including courier and express shipping costs,focus group incentives,and client-approved travel(including Y-class coach airfare,lodging and meals)will be billed directly to the Client. The Omaha Human Relations Department will approve all expenses associated with the focus groups before they are incurred. Payment shall be due 15 days after receipt of the invoice. If Client objects to all or any portion of any invoice,Client shall notify Gallup of the objection within fifteen(15)days from the date of Client's receipt of the invoice,give reasons for the objection,and only pay that portion of the invoice not in dispute. Unpaid balances,not in dispute,in excess of 45 days shall bear interest at 14%per annum. In the event Client is delinquent in payment of any invoice beyond 60 days,Gallup,may,at its option,terminate this arrangement,withhold deliverables,or suspend any and all services until the account is made current.If the Client cancels this arrangement prior to the completion of the services without cause,Gallup will be entitled to a cancellation charge equal to 25%of the remaining balance of the service fee so long as such cancellation is not due to a breach of the Agreement caused by Gallup. 3. Gallup warrants that the Services shall be performed within the limits prescribed by Client,in a manner consistent with the level of care,skill,practice and judgment exercised by other professionals 1 • in performing services of a similar nature under similar circumstances. Client's exclusive remedy against Gallup or any of its representatives for breach or default under this arrangement shall be the recovery of client's actual,direct,out of pocket damages. Gallup shall indemnify and hold harmless in connection with all services to be rendered by Gallup,its agents,employees or subsidiaries. 4. Gallup agrees(for Gallup,Gallup's directors,officers,employees,representatives,agents and advisors) not to directly or indirectly use,publish or otherwise disclose to anyone other than Client any technical, financial,commercial,marketing or other information stated by Client to be confidential and proprietary information or to which the words,"Confidential"or"Proprietary Information"are affixed. All such information is hereinafter called"Confidential Information." Confidential Information shall not include information which i)was known by Gallup on a non-confidential basis before signing this Letter of Arrangement;or ii)is generally known to,or readily ascertainable by proper means,by the public without a breach of this Letter of Arrangement. 5. It is agreed that Gallup will function as a non-exclusive consultant to Client. Client acknowledges that during the term of this arrangement,and thereafter,Gallup will offer,undertake,and continue consulting services for organizations other than Client. In no event shall Gallup permit the disclosure or dissemination of any Confidential Information. 6. The Gallup name may not be used in any promotional materials or in any advertising in support of a particular product,service,organization,or point of view. Gallup may not use the Client's name and trademarks without the written consent of Client. 7. Unless and only to the extent specifically provided to the contrary,Gallup shall be an independent contractor and shall have responsibility for and control over the details and means for providing the Services. It is understood and agreed by and between the parties that any and all acts that Gallup or its employees,agents,contractors or servants perform pursuant to the terms of this agreement shall be undertaken as independent contractors and not employees of the city. Gallup shall have neither the authority to bind the city by or with any contract or agreement,nor the authority to impose any liability upon the city. All acts and contracts of Gallup shall be in Gallup's name and not the name of the city, unless otherwise provided herein. 8. Upon receipt of payment for all services pursuant to this arrangement,the work product resulting from the Services provided by Gallup under this arrangement,are hereby irrevocably assigned to,and shall for all purposes belong to,and be owned by Client. Interview items,training materials,themes and theme definitions are not considered work product under this agreement and remain the property of Gallup. 9. This arrangement is effective from the date this letter is fully executed and will remain in effect as long as Gallup is performing Services. Either party upon 30 days written notice may terminate this agreement. If this arrangement is terminated prior to completion of Services,Gallup shall be entitled to payment as set forth in Paragraph 2. 10. This Letter of Arrangement shall be construed according to the laws of the State of Nebraska. Gallup shall not,in the performance of this agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race,color,sex,age,or disability as recognized under 42 USCS 11-1 et seq.,and Omaha Municipal Code 13-89,or political or religious,opinions,affiliations or national origin. 11. In the event of any dispute,claim,question,or disagreement arising from or relating to this arrangement or the breach thereof,the parties hereto shall use their best efforts to settle the dispute,claim, question,or disagreement. To this effect,the parties shall consult and negotiate with each other in good faith and,recognizing their mutual interests,attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty days,then,upon notice by either party to the other,disputes,claims,questions,or disagreement shall be finally settled by binding • arbitration administered by the American Arbitration Association in accordance with the provisions of its commercial dispute resolution rules. 12. All notices under this arrangement shall be in writing and transmitted by registered or certified mail, express delivery,or by facsimile transmission confirmed by a subsequent written letter. For purposes of notice under this arrangement and letters of authorization,Gallup's Contracting Officer shall be Paul E. Bryant. Client's Contracting Officer shall be Kellie Paris. The parties may change or substitute Contracting Officers by written notice. If the foregoing terms and conditions meet with your understanding and approval,please indicate the City of Omaha's acceptance and agreement by signing this letter in duplicate and return one original to the undersigned. Very Truly Yours, THE ALLUP ORGANIZATION City of i ,: BY: ' '[J C17--- BY: *At TITLE: Vice President I TITL : ir/A• AL DATE: /d-atc- ' ! DATE: r efrp • Exhibit A The purpose of this research is to establish a baseline in which to evaluate race relations in the City of Omaha. The research will be a collaborative effort between Gallup and the Omaha Commission on Community and Race Relations. The following is an outline of the project parameters: Methodology Phase I: Four focus groups will be administered with various groups throughout the city for the primary purpose of identifying question areas and obtaining information necessary to develop a questionnaire.This process will enable us to glean the essence of what issues are relevant to the citizens of Omaha. Focus groups will consist of 6-12 participants and the Omaha Commission on Community and Race Relations will take the responsibility for coordinating the focus groups. Coordination will involve selecting and reserving focus group locations,selecting and inviting focus group participants and providing Gallup with attendee lists. Gallup's role will be to facilitate the focus groups and transcribe the results for use in developing the final survey. It will take approximately one week to complete the questionnaire,however, timely completion depends on the Commissions ability to organize the focus groups. Phase II: A total of 1,000 respondents living in telephone households within the Omaha Metropolitan area will be randomly selected and will be interviewed from the Omaha metropolitan area giving the overall survey a maximum error range of 3.1%. 200 Hispanic and 200 African American oversample interviews will be conducted for a total of 1,400 interviews.Approximately 80%of the questions will cover race and 20%of the questions will cover hate crimes. The survey instrument should not exceed twelve minutes in length and should contain no more than two open-ended items. All interviews will be conducted by Gallup's highly trained and experienced staff of consumer interviewers and will be conducted by telephone. Gallup will be responsible for ensuring that question items are free of bias,technically correct, and capable of achieving the study's aims. Responses to any open-ended questions will be assigned codes as appropriate for analysis. It will take approximately six weeks to complete the survey after it is in the field. Deliverables Upon completion of fieldwork for the study,all questionnaires will be coded,edited,and data processed by Gallup's experienced data preparation staff,yielding a complete set of tabular results for the Omaha Commission on Community and Race Relations review. The Gallup research team will assume the lead position with data analysis. Gallup will provide the Omaha Commission on Community and Race Relations with 10 paper copies of the final report and a copy of the data file. It will take a maximum of two weeks after the survey is completed to write the final report. Gallup will provide the City with a copy of the data file. Terms The cost will not increase or change from the quoted price for any reason unless the scope of the project or methods of survey administration are changed by the Omaha Commission on Community and Race Relations,or if survey length,or incidence rates prove problematic. Should one or more of these issues arise,Gallup will work closely with the Omaha Commission on Community and Race Relations to resolve the issues and adjust the prices or methodology accordingly. Gallup will perform all parts of this research project as proposed and agreed upon in this letter. Over the years,The Gallup Organization has developed a set of ethical and professional standards that the company has pledged itself to follow. These include,but are not limited to,the codes of standards of the country's two major industry associations,CASRO and AAPOR. Our company's policies have played a key role in establishing Gallup's reputation for objectivity,integrity and independence. Exhibit B SAMPLE ONLY LETTER OF AUTHORIZATION This Letter of Authorization adds to,modifies or otherwise amends that certain Letter of Arrangement between Client and Gallup,dated , 1999 with regard to the following Services set forth below to be provided for the following Project(s) Client Project Number or Description: Gallup Project Number or Description: 1. The following information is added to the services or deliverables set forth on Exhibit"A"to the Letter of Arrangement("Additional Services"): 2. The pricing for the Additional Services,exclusive of expenses and costs otherwise payable under the Letter of Arrangement,shall be as follows: 3. Gallup will bill for the Additional Services as follows: 4. Except as specifically amended by this Letter of Authorization,all the terms and conditions of the Letter of Arrangement shall remain in full force and effect. This Letter of Authorization shall be effective upon complete execution and receipt by Gallup's Contracting Officer. Gallup shall have no obligation to initiate work on the Additional Services,nor shall it be responsible for any project timelines for the Additional Services until this Letter of Authorization becomes effective. If the foregoing terms and conditions meet with your understanding and approval,please indicate [client's] acceptance and agreement by signing this letter in duplicate and return one original to the undersigned. THE LLUP OR ANIZATION [CLIE OM'A y] BY: Cat ' BY: 1 _ TITLE: C � TITL . ii _ DATE: —/ DATE: j/ 2Mr • NiCt C�.E `ofthe Miidlaanrd s Q9 JUL -I " 8• t} 1805 Harney Street Omaha, NE 68102 _ - Phone:402-522-7959 �,. Virgil F.Keller `'..; ( `I i _ „ . Fax: 402-522-7995 Vice President . .,. l ; lv ` E-Mail:vkeller@uwmidlands.org Services and Planning ;:-t:•" http://www.uwmidlands.org • July 6, 1999 Kellie Paris Director Human Relations Department Omaha/Douglas Civic Center 1819 Farnam Street, Suite 502 Omaha, NE 68183-0502 Dear Ms. Paris: This is to confirm my verbal commitment to allocate an additional $5,000 to support the Gallup Project. This will bring the United Way of the Midlands commitment to a total of$10,000. We are fully committed to the purposes of the Commission on Community and Race Relations. In order to make this additional allocation, we borrowed from committed funds and will repay them from future receipts. We will forward a check upon receipt of documentation that the Project is underway and the balance of the cost has been committed. Please call if you have any questions. Sincerely, • Enclosure: 1/5/99 letter to Mr. Davis eel« r , C-25A �• CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr 19 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha applied for and received a "hate crimes" grant from the U.S. Department of Justice to provide necessary public education on hate crimes that occur in our city and how police and prosecutors should investigate and prosecute these crimes; and, WHEREAS, a condition of the grant is the conduct of a survey to assess community awareness of this problem before the educational effort occurs and an assessment thereafter; and, WHEREAS,the Commission on Race and Community Relations has recommended a community wide survey be undertaken to identify issues that are relevant to citizens in our community; and, WHEREAS,the Human Relations Department has selected The Gallup Organization to undertake the community survey as detailed in the "letter of arrangement," a copy of which is attached and by this reference made a part hereof; and, WHEREAS,the cost of the services to be provided in the conduct of this survey shall not exceed$40,000 and shall be paid from the hate crimes grant in the amount of$10,000, from the in the General Fund in the amount of$10,000 and from contributions toward this effort by the Lozier Corporation and United Way of the Midlands at$10,000 each. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA; THAT, the letter of arrangement between the City of Omaha and The Gallup Organization to provide for the conduct of a community wide telephone survey to assess issues related to hate crimes,race and community relations is approved. THAT, the Finance Department is authorized to pay$10,000 of the cost of services provided in the performance of this survey from the Hate Crimes Grant Fund 162, Agency 200, Organization 6102, and$10,000 from General Fund 001, Agency 080, Organization 0801. P:\OHRD\4819bpjm.doc APPROVED AS TO FORM: ,, , °t .14 . 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