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HomeMy WebLinkAboutCC Resolution 12727 (Public Facilities Ballot Measure Feasability)RESOLUTION NO. 12727 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AGREEMENTS FOR ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BALLOT MEASURE OPTIONS, PLUS A FACILITIES BOND MEASURE SURVEY, WITH SIDEWALK STRATEGIES AND GODBE RESEARCH WHEREAS, the City Council appointed a Critical Facilities Committee via Resolution No. 12381 on November 19, 2007; and WHEREAS, the Critical Facilities Committee was established in order to develop strategies for informing and educating the community about the current state of our buildings as well as develop an implementation plan to advance the priorities set by the former Critical Facilities Strategy Committee; and WHEREAS, the City Council accepted a Progress Report of the Critical Facilities Committee on August 4, 2008; and WHEREAS, on August 4, 2008, the City Council extended the term of the Committee members appointed on November 19, 2007 until the last day of July, 2009. Prior to the end of this extended term, the Critical Facilities Committee is to provide a Final Report to the community and City Council that demonstrates the strategies used to educate and inform the community about the current condition and needs for improving our essential service buildings and have developed financially sound and politically viable implementation strategies to begin addressing the needs of our buildings. WHEREAS, the City Council reviewed a Phase I Feasibility Assessment and City Satisfaction Survey proposal at a study session on September 2, 2008, and directed staff to return at a future City Council meeting with the appropriate agreements to authorize this first phase education, strategy and polling work that is necessary to assist the Critical Facilities Committee in fulfilling their objectives as stated above; and WHEREAS, polling this past February on a ballot measure to fund upgrades to critical facilities in San Rafael indicates support from more than a majority of voters. Unfortunately, support still remains shy of the two-thirds threshold required for passage of a facilities bond measure. These resident survey results indicate more work to do and important strategic decisions to make before the City can consider actions to place a facilities measure on the ballot; and WHEREAS, On April 20, 2009, the City Council was presented with a Phase II Facilities Feasibility Assessment process, the purpose of which would be to educate our residents, businesses and other stakeholders about essential facility needs, and directed City staff to return with a formal proposal for the consulting and polling services necessary to complete this Phase II work. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council does hereby: 1. Authorize the City Clerk and City Manager to execute an Agreement with Sidewalk Strategies for a total amount not to exceed $30,000 to perform Phase II - - Assessing the Feasibility of Public Facilities Bond Measure Options, in the form attached hereto. 2. Authorize the City Clerk and City Manager to execute an Agreement with Godbe Research, for a total amount not to exceed $23,090 to perform a Facility Bond Measure Survey, in the form attached hereto. 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 Monday, the 4th day of May, 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT FOR FACILITIES BOND MEASURE SURVEY WITH GODBE RESEARCH This Agreement is made and entered into this 4th day of Mav, 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Godbe Research (hereinafter "CONTRACTOR"). 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Ken Nordhoff, 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 Facilities Bond Measure 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 $23,090, including the cost of local business license taxes as described in Section 20. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT The term of this Agreement shall commence upon the date of execution of this agreement and shall end on December 31, 2009. 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 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 3 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. 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: Mr. Ken Nordhoff, 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. 5 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 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. 1.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL <-'P' � 'wb City pager ATTEST: City Clerk APPROVED AS TO FORM: L- Q _&+. �i� City Attorney CONTRACTOR By: Name: 1. ' ` L l ' clO i)is�c Title: CGO r WACity Managers- WorkFileWgreements & Contracts\09\Godbe Educ Phase 2.doc April 27, 2009 Mr. Ken Nordhoff City Manager City of San Rafael 1400 Fifth Street San Rafael, CA 94901-1943 Mr. Nordhoff, Godbe Research is pleased to be working with the City of San Rafael (San Rafael) on this survey of San Rafael voters to assess the feasibility of placing a City facilities bond measure on an upcoming ballot, ideally between November 2009 and November 2010. This letter and the attached project costs will serve as an agreement for the services specified below: 1. In-person meetings and conference calls as needed with San Rafael to discuss the research objectives for the study, questionnaire design, and related topics. 2. Drafting, refining, and pre -testing a survey instrument of approximately 15 to 18 -minutes in length to accomplish the goals of the bond measure feasibility study. 3. Purchasing a listed sample of voters in San Rafael and creating a stratified and clustered sample of voters likely to vote in the elections of interest (e.g. November 2009 to November 2010). 4. CATI programming the survey instrument for efficient data collection. 5. Conducting interviews with 300 (n=300) to 400 (n=400) total San Rafael voters. 6. Processing the data collected from the voter interviews according to strict quality control standards, as well as meeting with San Rafael to review the topline report of initial findings a few days after the survey has finished fielding. 7. Producing a written report of findings, with complete crosstabulations, and preparing an in- person presentation of findings for San Rafael. 8. On-going post project consulting with San Rafael and any consultants working for the City regarding the survey results and recommendations through the bond process/election day. Payment for 100% of hard costs (sample, pretest, CATI programming, telephone interviewing), as well as 50% of the research, project management, and miscellaneous fees will be billed upon initiation of services, and are due upon prior to fielding the survey (but not before July 1, 2009). The remaining project fees will be billed upon commencement of data collection and will be due upon submittal of the project report to the San Rafael. Sincerely: Ms. Lesli ±e CEO Godbe Research Date ' Agreed and Accepted �1v Nordhoff L City ger City -of an Rafael Dat PROJECT COSTS The following costs are associated with conducting a 15 to 18 -minute survey of 300 (n=300) to 400 (n=400) total San Rafael voters to assess the feasibility of a bond measure for upcoming election cycles, starting in November 2009. The fees outlined below are firm and fixed, and will not change provided that the scope of work for this project conforms to this agreement and the Tramutola memo/proposal submitted to San Rafael dated March 27, 2009 that contained Godbe Research polling fees. The Citv will only be billed for the final time -tested survev length and final samole size selected for the project from the options presented below. Should project parameters change, we will be happy to provide San Rafael amended costs prior to proceeding. Survey of 300 (n=300) San Rafael Voters Proiect Task 15 -min. 18 -min. Listed Voter Sample $850.00 $850.00 CATI Programming $990.00 $1,190.00 Survey Pretest $350.00 $350.00 Telephone Interviewing $7,710.00 $8,070.00 Data Processing $700.00 $820.00 Research Fee $7,000.00 $7,000.00 Project Management $1,500.00 $1,500.00 Miscellaneous Expenses $250.00 $250.00 Total $19,350.00 $20,030.00 Survey of 400 (n=400) San Rafael Voters Proiect Task 15 -min. 18 -min. Listed Voter Sample $1,150.00 $1,150.00 CATI Programming $990.00 $1,190.00 Survey Pretest $350.00 $350.00 Telephone Interviewing $10,280.00 $10,760.00 Data Processing $770.00 $890.00 Research Fee $7,000.00 $7,000.00 Project Management $1,500.00 $1,500.00 Miscellaneous Expenses $250.00 $250.00 Total $22,290.00 $23,090.00 A reed: Agreed and Accepted By: s. Leslie odbe Mr. Ken Nordhoff CEO City Manager Godbe Research City of San Rafael 0 J-2— g J 0�1 Ddtb t Date