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HomeMy WebLinkAboutCC Resolution 13093 (City Satisfaction Survey; Godbe)RESOLUTION NO. 13093 RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $26,310 WITH GODBE RESEARCH TO CONDUCT A CITY SATISFACTION SURVEY FOR 2011 WHEREAS, the City of San Rafael has conducted biennial Satisfaction Surveys since 1999 to keep up on issues that are important to the residents and gauge their satisfaction with City services; and WHEREAS, the last survey was conducted by Godbe Research in 2009 and the next Satisfaction Survey is due to be conducted in 2011. NOW, THEREFORE LET IT BE RESOLVED the City Council of the City of San Rafael hereby authorizes the Interim City Manager to execute a professional services agreement in an amount not to exceed $26,310 with Godbe Research to conduct a City Satisfaction Survey for 2011. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday, the 18th day of January 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine & Vice -Mayor Brockbank NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro res c - '02� Z -'_e ESTHER C. BEIRNE, City Clerk N AGREEMENT FOR CITIZEN SATISFACTION SURVEY WITH GODBE RESEARCH This Agreement is made and entered into this 24th day of Januarv. 2011, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Godbe Research (hereinafter "CONTRACTOR"). PROJECT COORDINATION A. CITY. The Interim City Manager shall be the representative of the CITY for all purposes under this Agreement. The Interim City Manager, Jim Schutz, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Bryan Godbe is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason; the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the portion of the duties and/or provide services identified as the 2011 Citizen Satisfaction Survey as described in Exhibit "A" attached and incorporated herein. 3. DUTIES OF CITY CITY shall cooperate with CONTRACTOR in its performance under this agreement and shall compensate CONTRACTOR as provided herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as provided in Exhibit "A", in an amount NOT to exceed $26,310 with half of the amount being paid after the project kick-off meeting or after CONTRACTOR begins working on the 2011 questionnaire (whichever comes first). The remaining half will be invoiced once the questionnaire has been finalized. 5. TERM OF AGREEMENT The term of this Agreement shall commence upon the date of execution of this agreement and shall end on June 30, 2011. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to 2 be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees and volunteers as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees and volunteers as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 3 9 11. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Jim Schutz, Interim City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560 TO CONTRACTOR: Bryan Godbe Godbe Research 1660 South Amphlett Boulevard, Suite 205 San Mateo, CA 94402 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and. conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of 5 this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 94-3388272 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 21. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL By: ity anager Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Y Attorne ` CONTRACTOR December 14, 2010 Mr. Jim Schutz Interim City Manager City of San Rafael 1400 Fifth Avenue PO Box 151560 San Rafael, California 94915-1560 Mr. Schutz, Godbe Research is pleased to present this letter to the City of San Rafael (San Rafael) to outline our proposed services for the 2011 City Satisfaction Survey process. The letter includes our list of proposed services, a general project time line, and proposed costs and payment terms, based on past survey events and our recommended approach to the 2011 Survey. Proposed Scope of Services: ✓ Conducting in-person meetings and conference calls as needed with San Rafael to discuss the research objectives for the study, questionnaire and sampling design, and related topics for the 2011 City Satisfaction Survey process. ✓ Acquisition of a listed voter sample and development of a sampling design of listed voters in San Rafael consistent with past survey waves (e.g. 2005/2007/2009). ✓ Drafting and refining a survey instrument of approximately 20 -minutes in length. For reference, the 2009 City Satisfaction Survey was 20 -minutes in length. ✓ Pre -testing the survey questionnaire to ensure respondents can understand the questions and response codes, and confirm the survey length matches the budgeted length for the survey. ✓ CAT[ programming the survey instrument for accurate and efficient data collection. ✓ Conducting telephone interviews with 500 (n=500) City of San Rafael voters, according to a strict interviewing protocol and our sampling design. ✓ Processing the data collected from the survey according to rigorous quality control standards, including weighting the data as necessary. ✓ Producing a topline report of aggregate findings and meeting with San Rafael to review those findings prior to our more detailed analysis and reporting. ✓ Producing a comprehensive report of findings, similar to past survey events, with a complete set of crosstabulations. The report will also contain comparisons to past survey events. ✓ Providing an in-person presentation of findings to the City of San Rafael, based on the City's content and timing needs. Attachment A Z ✓ Post -survey consulting on the results and recommendations from the 2011 City Satisfaction Survey event with San Rafael after the process has completed and between the 2011 and 2013 survey events. General Project Time Line: Because of our experience in conducting public opinion research for a wide variety of clients, Godbe Research can generally conduct an entire survey project in about six to eight weeks, depending on the sample size, client meeting needs, time to draft a questionnaire, and other project variables. The table below shows a general breakdown of the tasks for the 2011 City Satisfaction Survey and a time line to complete the project in number of days. City tasks/meetings have been italicized for easy review. For past City Satisfaction Survey events, we have typically kicked off the project in either December or early January with fielding occurring in mid- to late -January (2005 and 2007) to early February (2009), based on the time it takes to finalize the survey questionnaire and coordinate collective schedules. Accordingly, we are on track to meet the timing/schedule of previous events. Proiect Task Project Kick -Off Meeting w/ San Rafael Questionnaire Refinement Draft Questionnaire Review Meeting Survey Pretest and Finalize Survey CATI Programming Telephone Interviewing/Data Collection Initial Data Processing Topline Results Meeting with San Rafael Data Analysis and Report Writing Report Review Meeting (if needed/requested) Presentation to San Rafael Post City Satisfaction Survey Consulting Time Reouired 1 Day (1 to 2 hours) 6 to 8 Days 1 Day (1 to 2 hours) 1 to 2 Days 1 to 2 Days 5 to 7 Days 2 to 3 Days 1 Day (1 to 2 hours) 10 to 12 Days 1 Day (1 to 2 hours) Anytime After Report Submittal (typically 30 -min to 1 hour) Ongoing / No Charge Project Costs and Terms Below, Godbe Research has provided costs to conduct the 2011 City Satisfaction Survey event for the City of San Rafael, employing a listed voter sampling design, a questionnaire length of 20- mintues, and 500 (n=500) total voter interviews. These costs based on past City Satisfaction Survey events, are reflective of all Godbe Research fees for the project (time, tasks, meetings and deliverables), and are firm and fixed, provided the parameters of the project conform to those outlined in this letter. Should project parameters or San Rafael needs change, we will be happy to provide amended costs prior to proceeding. Attachment A FE Similar to past City Satisfaction Survey and other survey events for San Rafael, our proposed terms include half of the amount for the project being invoiced after the project kick-off meeting or after we begin working on the 2011 questionnaire (whichever happens first), with that amount being due Net 30. The remaining half will be invoiced once the questionnaire has been finalized and is also due Net 30. Given an approximate six to eight week project cycle, payments will coincide with fielding the survey and delivery of the final report to the City of San Rafael. Survey of 500 (n=500) San Rafael Residents Project Task 20 -min. Listed Voter Sample $1,200.00 CATI Programming $1,320.00 Survey Pretest $250.00 Telephone Interviewing $13,500.00 Data Processing $1,040.00 Research Fee $7,000.00 Project Management $1,750.00 Miscellaneous Expenses $250.00 Project Total $26,310.00 Godbe Research would like to thank the City of San Rafael for our continued work with the City, and we are very much looking forward to working on this 2011 City Satisfaction Survey event. Should you have any questions, need more information, or wish to discuss next steps in moving forward with our services, please do not hesitate to contact me directly at 650-288-3021 or cwhestera,aodberesearch.com. Best Regards, Charles Hester Director of Business Development Godbe Research 1660 South Amphlett Blvd. Suite 205 San Mateo, CA 94402 Attachment A FRI