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HomeMy WebLinkAboutLR Revenue Measure Feasibility SurveyAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND GODBE CORPORATION dba GODBE RESEARCH FOR CONDUCTING A REVENUE MEASURE FEASIBILITY SURVEY FOR A DOWNTOWN LIBRARY PROJECT This Agreement is made and entered into as of 171oX (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a ellartered California municipal corporation (hereinafter "CITY"), and GODBE CORPORATION dba GODBE RESEARCH, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated March 24, 2023 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT a fixed fee, Rev. 08.22 as further described in Exhibit A, in an amount of $39,000. CONSULTANT will bill City for Services provided by CONSULTANT, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate one (1) year from the Effective Date. 4. PROJECT COORDINATION. A. CITY'S Project Manager. The Assistant Library & Recreation Director/City Librarian 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. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Bryan Godbe is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 5. TERMINATION. A. Discretionary. Either parry may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either parry 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 CONSULTANT and any and all of CONSULTANT'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. v 08.22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT 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. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 8. 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. 9. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in Exhibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, v 08.22 CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT 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. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT 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. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT 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. 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT 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. 08.22 4 14. 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's Project Manager: Jill Tokutomi Assistant Library & Recreation Director/City Librarian 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Bryan Godbe Godbe Research California/Corporate Offices 1220 Howard Avenue Suite 250 Burlingame, CA 94010 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. 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 CONSULTANT 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 CONSULTANT 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. 08.22 5 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 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. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, 08.22 each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the fallowing page. ] 08.22 7 0 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: NA, JIM CH TZ, City Mana r APPROVED AS TO FORM: Office of the City Attorney By: G VE COYLE, Assist .ity Attorney ATTEST: City Clerk i LINDSAY LARA, City Clerk v 08.22 M. CONSULTANT: By� Name: W - �• Title: rv( -5A M [If CONSULTANT is a corporation, add signature of second corporate officer] EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev. 08.22 A-1 SURVEY SCOPE OF WORK Presented to the City of San Rafael March 24, 2023 GODBE RESEARCH Gain Insight EXHIBIT A City of San Rafael PROPOSED SURVEY WORK PLAN Godbe Research is a recognized leader in conducting public opinion research and voter polling for libraries, cities, counties, special districts, and other public -sector clients throughout California and the western United States. We strongly believe that any research project's success depends on recognizing the individual and unique needs of each of our clients, then customizing a research plan to address these specific needs. Accordingly, we have put together the following recommended work plan to address the research needs of the City of San Rafael to indicate the types of considerations that are involved in each of our research studies. Methodology and Sampling Discussion For this specific revenue measure feasibility survey, it is our recommendation to conduct a hybrid Internet and telephone survey of voters to help increase response rates in general as well as among voter demographic subgroups to the City. Godbe Research pioneered this process in early-2013 for our clients to acknowledge and counteract declining response rates for telephone -only surveys in general and among various voter demographic subgroups, as well as to leverage a variety of response technologies to make the survey process as inclusive as possible. In fact, the City of San Rafael was our first client to adopt the hybrid survey process for its resident satisfaction survey program. Some of our other clients who have used a successful similar hybrid methodology include the Sonoma County Library, Marin County Free Library, City of Novato, San Rafael City Schools, Novato Unified School District, Transportation Authority of Marin, City of Burlingame, City of Millbrae, and others. In addition, for clients who have also used telephone -only surveys in the past five or six years, we have been able to increase our overall sample size as well as response rates among key voter subgroups who have been a challenge to reach in past surveys using a telephone -only methodology. Accordingly, we are recommending a similar hybrid quantitative survey using an Internet survey as our primary data collection method and email and text to Internet recruitment. We will then supplement the Internet survey with a telephone survey methodology, after a review of Internet survey respondent demographics where we can identify and account for potential demographic sub -groups that might not respond adequately to the Internet version of the survey. The sample for all interviews will come directly from the State Voter File and Marin County Registrar of Voters, where we have self -reported phone numbers as well as email addresses, and we know that a given voter respondent lives specifically in the City of San Rafael. Our hybrid methodological approach then will cost effectively allow us to collect data from voters in the San Rafael community based on how potential respondents prefer to interact with various survey response technologies in order to maximize our sample size and statistical validity for the survey, not to mention demographic and geographic representation of voters. Finally, for the telephone modality portion of the overall survey, we will also make sure to include `cell phone only' voter households, given that we can identify cell phone exchanges within the voter sample by their prefix. Thus, by using this approach, we will have the most inclusive survey process possible, while still allowing only voters in the City of San Rafael to participate in the revenue measure feasibility survey process. Proposed Scope of Work Below, Godbe Research has crafted our recommended scope of work for the City to illustrate the types of considerations that go into each of our revenue measure feasibility surveys. While each of our survey projects is customized to the needs of a given client, there is a specific and proven process to conducting voter opinion research to evaluate Survey Scope of Work Godbe Research March 24, 2023 Page 1 City of San Rafael the feasibly of potential future revenue measure(s). Accordingly, specific services for the survey of San Rafael registered voters are thus envisioned to include: Survey Scope of Work Godbe Research ➢ Conducting a project kick-off meeting with the City of San Rafael and the development a project work plan and time line for this specific revenue measure feasibility survey process. ➢ Reviewing background materials, San Rafael voter and resident demographics, any previous and related public opinion research, and other public opinion research studies, and other information that will help to inform and support this current revenue measure feasibility survey process. ➢ Developing a demographically representative stratified and clustered sample of registered voters in the City of San Rafael based on the election cycles of interest and opportunity to the City, including November 2024. The voter file uses self -reported contact information, which includes landline (listed and unlisted) and cell phone numbers as well as email addresses obtained through the County of Marin Registrar of Voters. In addition, we will develop our sample as a split -sample so that we can test up to two different revenue measures independently within two different sub -samples of San Rafael voters. ❖ For reference, we have identified that there are a total of approximately 32,336 registered voters in the City of San Rafael through a review of the State voter file. For all voters, we have cell phones for a modest 13,390 voters or more than one-third (42%) of the voting electorate. And, we have landline telephone numbers for 18,782 registered voters in San Rafael or 58% of registered voters in the City. For the November 2024 general election cycle and other similar general election cycles, we have a similar breakdown of cell phone numbers and landline telephone numbers. ❖ Finally, for many of our library clients, we also obtain and match their cardholder lists (or other agency -provided lists such as parks and recreation registration lists) to the voter file to increase the amount and types of contact information we have for voters within our sampling frame. Should we be provided with City lists to match to the voter file, any personal or identifying information will be redacted prior to our analysis and reporting in a similar process as we use for the voter file itself. This will allow us to fulfill the promise of any survey process to keep respondents anonymous and confidential. ➢ Developing a survey instrument of approximately 25 minutes in length that will achieve the research objectives of the revenue measure feasibility survey in an iterative process with the City of San Rafael. The process will have multiple points for input, review, and approval from all project stakeholders prior to considering the surrey ready for fielding. Within the survey design, we will develop a portion of the survey to evaluating two different revenue measure types among two subsamples of San Rafael voters to give the City maximum flexibility in choosing the potential revenue measure type that it feels works best. Also, please note that the Internet and telephone versions of the survey will be identical, save for instructions specific to each modality. March 24 2023 Page 2 City of San Rafael Survey Scope of Work Godbe Research ➢ Pre -testing the survey instrument to ensure that the questions and response codes are understandable to respondents, and to ensure that the survey length coincides with the budgeted survey length for the project. ➢ CATI programming the survey instrument for accurate and efficient data collection, and training telephone interviewing personnel on the survey instrument and interviewing format and protocol. fi While we program each of our telephone surveys into a computer for accurate and efficient data collection, including routing and skip patterns, each of our interviews in conducted via a LIVE professional interviewer located in the western United States. ➢ Development of a recruitment email and recruitment text for the Internet version of the survey and working with City so that Godbe Research can send recruitment emails and texts to voters with known email addresses and cell phones obtained directly through the voter file or that we can match through City or other third -party sources. 44- The email will come from the City's recognizable (@cityofsanrafael.org email domain and should be signed by the Library Director or City manager to further convey that the survey is being sponsored by the City and the importance of the survey to the City. ➢ Conducting 25-minute Internet and telephone interviews with 600 (n=600) total City of San Rafael registered voters according to a strict interviewing guide and our approved sampling design based on the election cycles of interest to the City. ❖ A sample size of 500 to 600 total voter interviews would provide for a maximum margin of error of no greater than +/-3.96% at the 95% confidence level when looking at all City voters. Moreover, given an overall sample size of 500 to 600 voters, we will split the sample into two sub -samples of 250 to 300 voters each to be able to independently evaluate two different types of potential revenue measure in the same survey process. Finally, for reference, other recent voter surveys in the City of San Rafael have been able to collect between 500 and 700 interviews. ➢ Processing the data from the survey according to a strict protocol, and weighting the data, as necessary, to ensure that the results reflect opinions that are truly representative of San Rafael voters for the election cycles of interest to the City. ➢ Developing a topline report of findings and meeting with the City of San Rafael shortly after the data has been processed to review the topline/aggregate survey results as the first reporting deliverable in the voter survey process. ➢ Analyzing the survey results and preparing a report of findings conclusions, and recommendations for the City of San Rafael (draft and final formats), which directly addresses the research objectives outlined for the revenue March 24, 2023 Page 3 City of San Rafael measure feasibility survey process, including evaluating the feasibility of two different revenue measure types. s Our revenue measure feasibility survey reports typically include sections for an executive summary (key findings and conclusions), a methodology discussion, analysis of the questions and topics in narrative and graphical format for each measure being tested, as well as a copy of the survey questionnaire and a complete set of crosstabulations for all survey questions, as well as several value added modules each unique to Godbe Research, including a feasibility analysis (overall and by measure type), election timing analysis, ballot question wording recommendation, tax threshold analysis, geographical targeting analysis, and profile of voters. ➢ Presenting the results and recommendations from the revenue measure feasibility survey to the City of San Rafael online. Costs are valid for up to five online (Zoom) presentations as part of our project fees presented later in this proposal. ➢ Ongoing post -survey consulting with the City of San Rafael regarding the results and recommendations from the revenue measure feasibility survey, as needed (value added / no additional charge). Project Timeline Discussion Because of our experience in conducting revenue measure feasibility studies for a wide range of public sector clients, including libraries, cities, counties, school districts, and transportation agencies Godbe Research can generally conduct an entire hybrid survey process in about eight weeks. A formal timeline in with specific calendar dates by task for the overall research study will be provided to the City shortly after the project kick-off meeting where we can have a detailed discussion on timing needs, project team schedules, City Council meeting dates, and other items that will impact the overall project schedule. Survey Scope of Work March 24, 2023 Godbe Research Page 4 City of San Rafael PROJECT COST OPTIONS Godbe Research takes great pride in delivering reliable and practical research projects ,on time and on budget'. In doing so, we prefer to provide firm and fixed fees for our services, as opposed to arbitrary hourly rates that could vary widely based on the actual needs of each of our clients. Also, we feel that fixed -fee pricing most accurately reflects actual project costs by focusing on the three most important parameters in quantitative research process: the number of interviews conducted/sample size, the length of the average interview/number of questions, and the languages in which interviews are conducted. Based on our understanding of the needs of this specific revenue measure feasibility survey, Godbe Research has provided costs to the City of San Rafael to conduct an 25- minute survey comprised of 600 (n=600) total registered voters in the City of San Rafael likely to vote in the election cycles of interest to the City, including November 2024. This will allow us to split the sample into two sub -samples of 250 to 300 voters each to evaluate two different revenue measure types to help fund library and potentially other facilities in the City. The prices below reflect a firm, fixed -fee to complete the entire project --the overall cost will not exceed those shown below, provided that parameters of the project (e.g., hybrid survey methodology, listed voter sample, survey length, listed voter sample type, two project presentations, etc.) conform to those outlined in this proposal. Should project parameters or City of San Rafael needs change, we will be happy to provide amended costs prior to proceeding. Hybrid Survey 600 (n=600) San Rafael Voters Project Task Listed Voter Telephone Sample 25-min. $1,125.00 Listed Voter Email Sample $900.00 Third-PartEmail/Cell Phone Matching $900.00 CATI Programming Telephone Version $2,000.00 Internet Version Programming $7.675.00 Internet Survey Recruitment/Hosting $900.00 Telephone Interviewing $12,000.00 Data Processing and File Mere $1,000.00 Research Fee $8.500.00 Project Management $3.500.00 Miscellaneous Expenses $500.00 Revenue Measure Survey Total $39,000.00 Survey Scope of Work March 24, 2023 Godbe Research Page 5 GODBE RESEARCH Gain Insight GODBE RESEARCH www._qodberesearch.com California/Corporate Offices 1220 Howard Avenue Suite 250 Burlingame, CA 94010 Southwest/Reno Office 59 Damonte Ranch Parkway Suite B-309 Reno, NV 89521 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. 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 dollars ($1,000,000) per occurrence/one million dollars ($1,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev. 08.22 B-1 ISO form CG20 0104 13. 3. Except for professional insurance, the insurance policies shall include, contractual liability and personal injury. liability insurance or workers' compensation in their text or by endorsement, coverage for 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. 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. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08.22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. v 08.22 B-3 RA�p,� F,q�` 1 s 2 'ryWITH ply CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Library & Recreation Project Manager: Jill Tokutomi Extension: 3436 Contractor Name: Godbe Research Contractor's Contact: Bryan Godbe Contact's Email: wbgodbe@godberesearch.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 3/24/2023 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑X CGQ 2 City Attorney a. Review, revise, and comment on draft agreement 3/30/2023 and return to Project Manager 3/30/2023 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor X NT 3 Department Director Approval of final agreement form to send to 3/30/2023 © CGO Project Manager contractor Forward three (3) originals of final agreement to 3/30/2023 4 ❑X CGQ Project Manager contractor for their signature When necessary, contractor -signed agreement 5 ❑X N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 4/10/2023 CGQ Attorney with printed copy of this routing form Review and approve hard copy of signed 7 City Attorney agreement 8 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 9 City Manager / Mayor Agreement executed by City Council authorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager �'�