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HomeMy WebLinkAboutCC Resolution 10332 (Community Survey)RESOLUTION NO. 10332 RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The CITY MANAGER is authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with: TOwNSEND, RAIMUNDO, BESLER, AND USHER TO CONDUCT A COMMUNITY SURVEY TO ASSESS COMMUNITY SUPPORT FOR EXPANSION OF THE LIBRARY AND ENHANCED LIBRARY SERVICES, AND/OR OTHER CITY SERVICES, NOT TO EXCEED $45,000, COMMENCING NOVEMBER 1998 AND ENDING NOVEMBER 1999. 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 Reaular meeting of the City Council of said City held on Mondav the Second day of November, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCIIAIEMBERS: None � Je n/e M. Leoncini, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES TO CONDUCT A COMITY SURVEY This Agreement is made and entered into this 2n d day of November, 1998, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Townsend, Raimundo, Besler, and Usher (hereinafter "CONTRACTOR"). AGREEMENT The parties hereby agree as follows: PROJECT COORDINATION. A) CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The Assistant City Manager 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 N' and attached hereto. DUTIES OF CITY. CITY shall perform the duties as follows: • Organize and Schedule Stakeholder Meetings • Meet with CONTRACTOR as needed • Provide relevant reports and documents requested by CONTRACTOR 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CTTY shall pay CONTRACTOR an amount not to exceed $45,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR TERM OF AGREEMENT. The term of this Agreement shall be for one year commencing November 1998 and ending November 1999. 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 fifteen (15) 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, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. 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 and materials prepared for or relating to the performance of its duties under this Agreement, 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 usp 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 and materials maintained by CONTRACTOR in connection with its 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. 2 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 perfonned 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 CTTY and shall not call upon CTTY'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 named 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. 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 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 Attomey. At CTTY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CI TY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing 3 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 and administrative costs, 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. NONDISCREMESTATION. 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: Ken Nordhoff, Assistant City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 4 TO CONTRACTOR: Max Besler Townsend, Raimundo, Besler, and Usher 1717 I 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. 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. A) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. B) 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. C) 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. D) 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. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CM under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. 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 5 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. 20. 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. 21. 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 arty other applicable taxes. CONTRACTOWs taxpayer identification number is 680037045, and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 22. 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: City Manager -ROD GOULD ATTEST: tfClerk JE�MLEONCINI 6 TOWNSEND, RAD1UNDO, BESLER &USHER: By:�?6i,rw d I t� S lit c-1 Name: CSWW 0 6 W i 0 FORM orn ServicesTrofessional Services Contract Form -1 (Revised 4 96) RAGGHIANI EXHIBIT "A" PART TWO SURVEY PROGRAM POLLING PROPOSAL TO THE CM OF SAN RAFAEL Developing a strong ballot label (the 75 -word description that the voter reads when casting his or her vote, frequently referred to incorrectly as ballot "language") and the creation of strong ballot arguments and rebuttals is frequently the most important boost a ballot initiative campaign can receive. This is especially so when funds to run an aggressive campaign are scarce. A public opinion poll is the only way to develop these important elements. Voters are more likely to increase their taxes if four criteria are present: © They perceive a need for the measure. A The projects or services of the proposed measure are what voters really want. © The method or amount of taxation or bonding is reasonable and appropriate for the proposed projects or services. O What is promised in the measure will be delivered by those administering the funds. To determine whether or not these criteria exist, a series of questions will be developed to answer the following: • What kind of revenue measure should be put on the ballot, i.e. bond, special tax, general tax? • Which projects do voters consider important enough to be part of the plan? • What safeguards are required to assi re voters that projects and services will be delivered? 0 Which arguments best support passage of the measure? PRI U TO THE CITY OF SAN RAFAEL j 4 r� • What level of taxation or bonding will voters support? • How long should the measure be in effect? • Who is likely to support — or oppose — the measure? • Which election — Special, Primary, General — best increases the likelihood of passage? • What impact would an "anti" campaign have on the measure? • How do library issues rank among other issues of importance to voters? • How do voters react to potential ballot language and the individual elements of the plan? • What factors or inducements could be added to the measure to enhance its chances of passage? • What are the demographic profiles of potential supporters and opponents? Our work over the past two years has led us to a new way of undertaking all polling for clients who wish to put ballot measures before voters. During the Santa Clara "A + B = Traffic Relief" campaign, we conducted five polls and five focus groups to tweak the tax language sufficiently to gain passage. Our polling indicated the extra research gained us five percentage points. On Election Day, the tax measure gained 52 percent. We have devised a polling strategy, which compresses this process. Rather than a single poll, which allows one to gain a good idea of the elements of a ballot measure, we have devised a public opinion polling strategy consisting of two polls. The first, a benchmark survey of 20 minutes duration, allows us to understand the underlying issues, arguments and messages that lead to a successful ballot measure. This sample can be split into two equal sizes, which allows us to test alternatives and refine the product. This poll will provide the information which, will allow comprehensible fact sheets to be developed. We could also test the impact of third -party endorsements on the measure. This latter question set will be important in deciding who should sign the ballot argument and rebuttal. The second poll is a short 10 -minute survey in which actual language — derived from the benchmark survey — is tested. Frequently during this second poll, the polling sample is split again so that two versions of the measure can be tested. PROPOS/ 1 THE QTY OF SAN RAFAEL M� This allows for some flexibility in getting the language "just right." Our two -poll ,strategy does not increase the overall cost of the polling. We have developed this approach because an insufficient amount of information can be derived from a single poll. Most successful tax increase measures inhabit the 51 to 55 percentage range, so getting absolutely correct language is critical. This is particularly important in the post -Proposition 218 era where the increased number of ballot measures on local ballots will require strong, easily understandable ballot language. METHODOLOGY The sample will be drawn from the San Rafael voter file maintained by the county. Only registered voters will be tested. The sample will also accurately reflect the proportion of various voter sub -group types within the county. For example, gender, party, ethnicity, age, education, family income and housing status will all be presented as cross -tabulations. The poll will also be subdivided by geographical area. Any area that comprises no less than one-sixth of the total universe can be broken out into a cross - tabulation based on the sample size. We recommend that this poll provide cross - tabs which include the supervisorial. In addition to testing the opinions of voters who range in their propensity to vote from high to low, we will also look at the correlation between other important factors or sets of questions. RANDOM SAMPLE Survey respondents will be selected from voter registration polls using a stratification method that will provide a random selection of persons from all possible combinations of variables which include gender, party, age, zip code and household party type. In addition, we will provide the following demographic information about respondents of the survey: a. Party affiliation b. Age C. Home ownership (owner/renter) d. Ethnicity e. Income f. Sex g. Length of residency h. Other demographic information MARGIN OF ERROR PROPOS- , THE CITY OF SAN RAFAEL The margin of error in the case of a stratified random sample size of 400 will be plus or minus four percent. DEVELOPMENT OF LANGUAGE As explained above, we will test variants of the ballot label to gain the strongest language. Additionally, we will make recommendations on drafting of potential ballot arguments and rebuttals. SURVEY RESULTS We will provide the following: The preliminary survey results and first draft analysis will consist of the questionnaire with survey responses listed as gross percentages immediately adjacent to each question. In addition, there will be a brief narrative outlining the main trends of the survey results. The final and in-depth survey analysis will be compiled in a hardbound book. It employs two types of rankings — percentage to the whole, which will be marked with a percent sign, and a rating system, which combines percentage of the whole and intensity of response. Using a mathematical equation, this rating system factors in people who did not answer the question or responded "don't know." These rankings will be used in each cross -tabulation, and all of the subgroups mentioned above (gender, party, ethnicity, geographic location, etc.) will be analyzed as a cross -tabulation. In addition, any other voter subgroup type `that the coalition wishes us to study that is six percent of the sample can be analyzed as a cross -tabulation. PROP( M TIN CM OF SAN RAFAEL s= j An analysis of the survey, including identification of the elements that should be included in the expenditure plan and a strategy for adoption of the transportation expenditure plan. • Recommended ballot label language. PRESENTATION The team will make presentations before the City of San Rafael as directed. 10 PART THREE WORKPLAN REVIEW OF MATERIALS • October 19 - 30 Responsible parties: San Rafael city staff Max Besler Jim Moore STAKEHOLDER MEETINGS • November 9 - 20 Responsible parties: San Rafael city staff Stakeholder groups Max Besler Jim Moore POLLING • Develop first poll questionnaire • Conduct first telephone poll • Provide results • Develop second poll questionnaire • Conduct second telephone poll • Provide results PROPOS I THE CITY OF SAN RAFAEL � w — December 1-- 9 — December 9 --16 — December 18 — January 4 - 8 — January 11--15 — January 22 11 Responsible parties: San Rafael city staff Max Besler Jim Moore ANALYSIS • Prepare analysis of poll, provide expenditure plan recommendations and strategy for adoption of plan — PROPOSAL aM CM OF SAN RMAJM January 29 k NNEENEMN97 7"Ei PROPOS. THE MY OF SAN RAFAEL ce,... PART FOUR ESTIMATE OF COSTS We do not break out each of the tasks by cost. Rather all costs, regardless of the time spent on the task are rolled into a single fee for services. All fees include drawing the sample, working with appropriate staff, drafting and revising polling questionnaires, providing analyses and making presentations. Our fee for this project, including two polls is $45,000 i D lling — 2:2,500 $ Win' Max Besler would be project manager. His address is as follows: Max Besler, Partner Townsend Raimundo Besler & Usher 1717 I Street Sacramento, CA 95814 O: (916) 444-570. F: (916) 444-0382 13 AGOto CERTIFI%,.ATE OF LIABIL Irl( IN8bRANC ID sus J °"Nioe �RODIICSR 1.115 CERTIFICATE Is ISSUED AS A MA i i ch woNFORUTION wasserman i Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. 111DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1029 56th Street _ ALTER TME COVERAGE AFFORDED BY THE POLICIES BELOW. Smaxamento CA 95819-3915 Phone:916-739-0254 Pax:916-739-0434 INSURERS AFFORDING COVERAGE 'NIURE° 11 Commercial Union Insurance _ _u+►.IIus: Superior National Ins. Company Townsend Raimundc Beeler Ush r Inc, -- ---- GSacamentoA 98814 II 9IiiERl: COVERAGES THE POUCUie OF INSURANCE LILTED BELOW HAVE BEEN 1/SUED TO THE INSURED NAMED AW vt FOR THE POLICY PERIOD INDICATED. NO?WffHETANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH REQ •M• T TO WNNMI TRIG CERT WATE MAY sE IuuEo GR MAY PERTAIN. THE INSURANCE APPORORD BY THE POUGIE$ DE/CRMYIO HEREIN 1$ SUEIECT 7 % ALLTHE TERMS, B><IIUII n AND CONOITIONS OF &UCH POUCRL AGGREGATE UNITS SHOWN MAY HAVE BERN REDUCED BY PAID CLAIMS. 1 TY►EOFINWRANG! - FOUCYNIIWER L 1. ..i T1 I�r1U0alYY1 DATf►IY1dDlYYI LIMITS GENERALLIABILITY A X coYYEIC1ALCENERALLIABILITY C MINO839 CLAIMS MADE 51:1 OCCUR OWL AGGREGATE LIMIT APPLIES PER I POLICY F7 "IgRFOr- 17 Lae AUTOMOBILE LUUIIUTY _ ANY AUTO ALL OWNED AUTO$ _ /WMEDULED AUTO$ _-� 141490 AUTO$ _ 1 1104INNED AUTO$ GARAGE LIABILITY ANYAUTO I BICE&$ uAeluTr - _j OCCUR 1.I CLARY/MADE OEDUcnele RETDMON $ WORMER$ CaMPENOATION ANO H ENPLOTEW UAINUTY OTHER EACH OCCURRENCE /1, 000 000 i ►j 17/97 12/17/98 FIRE DAMAGE (Any arAfli l . S 100,000 EX WED P (Any am pi w j � S 51000 PIRIONAL A AOv Down 's Excluded oEneaA�AooIiE_oAie s 21 000, 000 PRODUCTS .COMPIOP AOG 2.21 000 , 000 - - COMBINED SINGLE LIMIT $ lIFA SM" BODILY INJURY & 1Por Pu+fin1 EoaLY INJURY $ PROPERTY DAMAGE $ lHr AeeleNMl AUTO ONLY - EA ACCIDENT $ _ F THAN aACCUTO ONLY: AGG $ EACH OCCURRENCE,— AOOREOATEI lm _X_ I ORY UNIT/, -1" � I _ WON600170 0' /l5/98 01/15/99 E.LEACHACCIDENT 1111000,000 ILL DIEUBE. A eMPLOVEE $1 , 0001000 E.L.OI/ERIE-FOUCYLIM1T 81,000.000 CEBMPTNHI OF OP[RAT113N"CCATIONWIHICLEIIEIICLULONI ADDED MY ENOCn8vMLNT4 t NL PROMLINR •30 Days Notice to Certificate Holder applies OM -r -t for Non -Payment of Premium, which is 10 days. All California Operat.tzs. City of San Rafael, Its Officers, Aga. -Its, Employees i Volunteers are +1:oxn as Additional Insured per attached. CERTIFICATE HOLDER IYIADo1TIONALINSURED.INIURERLETTER: 6ANRA06 City Of San iiafael Business >repartment 1400 5th St. Ken Nordhcff, Asst City Mgr. Ban Rafael CA 94915-1560 ACORD 25.8 (7191) C�NCELLATION I I-1Lo ANY OP THE ARGUE OESCINIED POLIGEB BE CANCELLED EIPORE TME EVIRATIO4 D -L THEREOF, THE IS/UING INSURER WILL ENDEAVOR to MAIL 30 • mvs WIUTTEN N IMA TO TME CERT'InUTI HOLDER NAMED TO THE LEFT. our F4iLUU TO 00 AO ENALL IL ^! It NOOBLIGATIO�WIA ITV OF ANY KIND UPON THE IN&URER. ITS AOENTI OR _!ATM. AU --1'Z' P"J1NTATW! ACORD CORPORATION 1191 10-d b£b© 6£L 9T6 00SSHnF4HW?I-41zCMM WA C14,•Tn oc_cc,_�nrJ