HomeMy WebLinkAboutCC Resolution 11228 (Public Opinion Survey)RESOLUTION NO. 11228
A RESOLUTION AUTHORIZING AN AGREEMENT WITH
TOWNSEND, RAIMUNDO, BESLER & USHER TO PERFORM THE
CITY OF SAN RAFAEL 2003 PUBLIC OPINION SURVEY. (In an
amount not to exceed $25,000.)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The CITY MANAGER and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, an agreement with Townsend, Raimundo, Besler & Usher to
perform the 2002 City of San Rafael public opinion survey, a copy of which is hereby
attached and by this reference made a part hereof.
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 City Council of said City held on Monday, the 16th day of December, 2002, by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
JEANNE M. LEONCINI, City Clerk
WAManagement Services- WorkFile\Finance- WorkFile\Council Material\Resolutions\2002\City\TRBU opinion survey reso.doc
AGREEMENT FOR CONSULTING SERVICES TO PERFORM THE
2003 CITY OF SAN RAFAEL PUBLIC OPINION SURVEY.
This Agreement is made and entered into this 16th day of December 2002, by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Townsend„
Raimundo, Besler & Usher (hereinafter "CONTRACTOR").
PROJECT COORDINATION
A. CITY. The City Manager shall be the representative of the CITY for
all purposes under this Agreement. The Director of Management Services, 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. Max Besler 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 $25,000,
inclusive of the cost of incidental expenses, presentations and the 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, 2003. The term can be extended at the mutual
agreement of both parties to a date certain.
6. TERMINATION
A. Discretionary. Either party may terminate this Agreement without
cause upon thirty 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.
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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, their officers, agents,
employees and volunteers as additionally named insured 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, their officers, agents, employees and volunteers as
additional insured 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;
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7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code,
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 Franchisor's' 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, 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.
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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
Assistant City Manager
(Project Manager)
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: Mr. Max Besler
(Project Director)
Townsend, Raimundo, Besler & Usher
1717T Street
Sacramento, CA 95814
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.
Page 5
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 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 68-0037045 , 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 Manager
ATTEST:
City Clerk
APPR / TO FORM:
VityAttq�ney
CONTRACTOR
By:
Name: / ,
Title:
WAManagement Services- WorkReTinance- WorkFileWgreement and ContractsTmfessional Contracts OMTownsend, Raimundo,
Besler & Usher.doc
Page 7
I E M 0 R A N D U M
TO: Ken Nordhoff
FROM: Max Besler
DATE: December 6, 2002
RE: Telephone Survey
DCH IBIT 'A'
i
1717 I Street
Sacramento
California 95814
As a follow up to our conversation earlier this week, Townsend Raimundo
Besler & Usher (TRBU) and J. Moore Methods propose the following:
916.444.5701
916.444.0382 fax
trbu@trbu.com
http.,Ilwww.trbu.com
• We will use drafts of the previous surveys as the starting point for the
present poll. In addition to asking a number of the same questions as
have been surveyed in the past, we will assume that a new series of
questions will be added to meet the needs of the City.
• As with the previous polls, the sample size will be 400, and will be
conducted by telephone. The survey universe will be drawn from the
voter file maintained by the county. Only San Rafael voters will be
interviewed. The margin of error will be plus or minus five percent.
All of the demographic cross -tabulations will be provided.
• The cost of the poll will be $25,000. This will include development
of the questionnaire, providing results of the survey in both top -line
and cross -tabulated formats, an analysis of the poll and presentations
as requested.
We are prepared to get underway immediately.
Please let us know if this acceptable to you.
We look forward to working with you once again.
WAManagement Services- WorkFile\Finance- WorkFileWccounting and Budgeting\Budgets\03-05\public opinion
poll\TRBU proposal memo.doc
Memorandum
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Timeline
POLLING
• Develop first poll questionnaire
• Conduct first telephone poll
• Provide results
ANALYSIS
Prepare analysis of poll, provide
— December 16 — 20
— December 23 —January 3
— January 10
Expenditure plan recommendations
and strategy for adoption of plan — January 24