HomeMy WebLinkAboutCC Resolution 12183 (2007 Public Opinion Survey; Godbe)RESOLUTION #12183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GODBE
RESEARCH TO PERFORM THE 2007 PUBLIC OPINION SURVEY IN AN AMOUNT
NOT TO EXCEED $26,000
WHEREAS, for the past several years, the City has annually conducted a satisfaction
survey of its citizens to determine how well the City is delivering services to its residents; and
WHEREAS, the firm of Godbe Research has performed this task and has provided the City
with important and valuable information, which the City has utilized to establish goals and
objectives and to formulate the City's two year budget; and
WHEREAS, again this year the City wishes to "take the pulse" of its customers and, if
necessary re -adjust its priorities; and
WHEREAS, given the condition of the City's critical facilitates, additional questions are
added to gauge our residents' knowledge of the state of city facilities, resulting in a total cost for the
services of approximately $26,000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby approves and authorizes the City Manager to execute an Agreement for consultation
services with Godbe Research to perform the 2007 public opinion survey, in a form to be approved
by the City Attorney and in an amount not to exceed $26,000.
I, JEANNE M. LEONCINI, 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 Council of said
City on the 16th day of January, 2007, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
A,.
JEAWNt M. LEONCINI, City Clerk
AGREEMENT FOR CONSULTING SERVICES TO PERFORM THE 2007 CITY
OF SAN RAFAEL PUBLIC OPINION SURVEY.
This Agreement is made and entered into this 16th of January 2007 by and between the
CITY OF SAN RAFAEL (hereinafter "CITY"), and Godbe Research. hereinafter
"CONTRACTOR").
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 duties and/or provide services as described in
Exhibit " A " attached and incorporated herein.
3. DUTIES OF CITY
CITY shall cooperate with CONTRACTOR in his 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 an amount not to exceed $26,000 (as presented on page 4 of Exhibit
"A"), 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 June 30, 2007.
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:
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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, and other entities in the Franchisors' Group, their
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, and other entities in the Franchisors' Group, their 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.
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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, and
other entities in the Franchisors' Group, their 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, and other entities in the Franchisors' Group, their
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.
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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, Room 203
P.O. Box 151560
San Rafael CA 94915-1560
TO CONTRACTOR: Mr. Bryan Godbe, President (Co -Project Manager)
Godbe Research
60 Stone Pine Road
Half Moon Bay, CA 94019
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 94-3383272, 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
City ManaNk,,,
ATTEST:
Clerk
APPROVED AS Ti
CitVAttorney/V
CONTRACTOR
By:
Name: 6/k -A- S i44tr
Title: 0�1-6jt4 ) �vs� pus DL ���n�►t
EXHIBIT «An
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December 1D.2O0G
Mr. Ken Nordhoff
City Manager
City ofSan Rafael
14ODFifth Street
San Rafael, CA94QD14943
McNordhoff,
Godbe Research is pleased to bmworking with the City of San Rafael (San Rafael) this
important research project of City voters to track satisfaction on specific City services and
programs and also to gather important feedback on community issues. This letter and the
attached standard business terms will serve as an agreement for the services specified below:
1. /n meetings and conference calls esneeded with San Rafael bodiscuss the
research objectives for the study, questionnaire design, and related topics.
2. Acquisition of a voter sample | ue t meu (o 2003/2005)
3. Drafting and refining instrument of 3pp
4. Pre -testing Pre—testingthe ao% |
5. CAT| programming the instrument fopie data collection.
_ Conducting telephone 'interviews -- ` ' ity
of San Rafael voters.
7. Processing the data collected according to strict quality control standards, including
weighting the data as necessary.
— Producing _topline report of findings.
9.
n~—
Q. produo|ngosummarynoportoffindingo.ondacomp|ebesatofcrosobybu|edons'
10. Aoin-person presentation offindings 0othe City ofSan Rafael.
11. Post survey consulting onthe results with San Rafael.
Half of the amount for the project will be due to Godbe Research upon approval of the final
questionnaire. The remaining half will bedue upon delivery ofthe final report tothe City cf Son
Sincerely:
Ms. Leslie Godbe
CEO
Godbe Research
Agreed and Accepted By:
Mr. Ken Nordhoff
City Manager
City ofSan Rafael
60 Store Ping Road 445 South figuma Street Cuile2600 640 Grand Anne, Suitt S
Haff Moon Bay 004019-U30 Los Angeles 0900|-163| Carlsbad N92090 -D65
phopeWnll-3131 W659/112-3131 ohooe213/624.03 W213/624-111184 phone 710/730-2041 Iax160/120.4106
STANDARD BUSINESS TERMS AND CONDITIONS
GODBE RESEARCH
Contracts and agreements between Godbe Research and its clients include the following general terms and
conditions unless otherwise specified in a contract or agreement.
Flat Fees. Unless otherwise specified, Godbe Research charges a flat fee for all or a portion of its services
to a client in lieu of hourly charge.
Hourly Rates. The firm may opt to bill its staff time at specified hourly rates for each staff member. When
estimated hours are noted these are our best estimates of how long a job will take. Actual hours incurred
are logged on employee time sheets and final billings to clients are based on these actual figures. Hourly
charges apply to all firm staff working for the client with the exception of general clerical support. Work on
specifically clerical projects is billed at normal hourly rates.
Advance Pavment. In order to finance the client's work, the firm's policy is to require advance payment for
telephone interviewing. Advance payment of fees or hourly charges is normally required, particularly in the
case of new clients.
Subcontractors' Fees. Should the firm retain a special employee solely for the purpose of providing services
to a client, a fee equal to 15 percent of the costs of such person will be charged to cover the firm's payroll
costs.
Late Charoes. Invoice terms are 30 days net unless otherwise specified in the agreement. A late charge of
1.5 percent per month will apply on any amounts not paid within thirty (30) days of the date of an invoice.
Indemnitv. All copy will be approved by the client in advance of production. Each party shall indemnify,
defend and hold harmless the other party from and against any loss, claim, action, course of action
(including without limitation any defamation action), judgment, damage, cost or expense (including attorneys'
fees and costs) arising out of any actions of, or materials written by, or information supplied by the other
party.
Actino as Aoent. In compliance with California sales tax regulation, Godbe Research is designated as an
Agent for the acquisition of tangible personal property and services as they apply to its clients' advertising
and sales promotion activities.
Ownership of Materials. In producing finished products, it is expressly understood that ownership of all
materials purchased by Godbe Research to complete the property to be produced passes to its clients at the
time of purchase and prior to any use by Godbe Research.
Independent Contractor. The agency shall perform the services as an independent contractor and shall not
be treated as an employee of the client for federal, state or local tax purposes or for any other purpose.
Entire Aareement. This agreement constitutes the entire agreement among the parties with respect to the
subject matter and supersedes any prior negotiations, understanding or agreement.
Successors. Any agreement between the agency and a client shall be binding upon, the heirs, successors
and assignors of the parties.
Godbe San Rafael
Termination. Any termination of this agreement by the client, after being signed, shall be of mutual consent.
If the agreement is terminated, Godbe Research will bill the client for all work completed to date (including
subcontractors' work) plus a 15% termination fee.
Attornevs' Fees. Should any action be brought by one party against the other party to enforce any
agreement, the prevailing party shall be entitled to recover from the other party its reasonable attorneys'
fees, costs and expenses.
Govemino Law: Venue. Any agreement between the agency and a client shall be governed by California
law and any action arising out of it shall be instituted and prosecuted only in the Municipal or Superior Court
of the County of San Mateo.
Rev. 1/27/97
Godbe San Rafael
PROJECT COSTS
Godbe Research has provided costs to conduct a 20 -minute tracking study of 600 (n=600) total
voters in the City of San Rafael. The costs below are reflective of all Godbe Research fees for the
project, including meetings, a report of findings, and a project presentation. The prices below
reflect firm and fixed fees and will not change, provided the parameters of the project do not
change from those outlined in this agreement. Godbe Research will be happy to provide
amended costs if the parameters or research objectives change, prior to beginning the survey.
City Satisfaction Survey (n=600)
Proiect Task
20 -min.
Sample Acquisition
$950.00
CATI Programming
$1,050.00
Survey Pretest
$450.00
Telephone Interviewing
$14,900.00
Data Processing
$850.00
Research Fee
$6,250.00
Project Management
$1,250.00
Miscellaneous Expenses
$250.00
Total
$25,950.00
Agreed: Agreed and Accepted By:
Ms. Leslie Godbe Mr. Ken Nordhoff
CEO City Manager
Godbe Research City of San Rafael
Date Date