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HomeMy WebLinkAboutCM Survey Research on Potential November 2026 Revenue Measures v. Feb 2025 Page 1 CITY OF SAN RAFAEL PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (“Contract”) is entered into by and between the City of San Rafael (“City”) and __________________________________________ (“Contractor”), a __________________________________________________ for __________________________________________________________, and is effective on _____________________ (“Effective Date”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Contract.” RECITALS A. City desires to secure professional services more fully described in this Contract, at Exhibit A, entitled “SCOPE OF WORK”; and B. Contractor 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. Contractor acknowledges that the execution of this Contract by the City is predicated upon the representations made in Contractor’s proposal dated _________________ submitted to the City; and D. 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: CONTRACT 1. WORK TO BE PERFORMED. Except as otherwise may be expressly specified in this Contract, Contractor 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 WORK.”. Survey Research on Potential November 2026 Revenue Measure(s) California January 1, 2026 Fairbank, Maslin, Maullin, Metz & Associates, Inc. December 12, 2025 Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Corporation 2026.0016 v. Feb 2025 Page 2 2. COMPENSATION. In consideration for Contractor’s complete performance of the Scope of Work, City will pay Contractor in accordance with the rates and/or prices set forth in Exhibit A, up to the not-to-exceed amount of $_____________. Contractor shall not increase its rates throughout the Term of this Contract, except that upon 60 day written notice, Contractor may adjust its rates no more than once annually at a maximum amount equal to the percentage change through December in the prior calendar year to the consumer price index (“CPI”) for California, All Urban Consumers, San Francisco-Oakland-San Jose areas, not to exceed five percent (5%). Contractor will bill City on a monthly basis for work performed by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City’s receipt of invoice. 3. TERM OF CONTRACT. This Contract becomes effective upon the date listed as "Effective Date" and shall remain in effect until the completion of all obligations of both Parties hereto, or ___________________________ from the Effective Date, whichever comes first, unless terminated or amended as provided herein. 4. RELIANCE ON PROFESSIONAL SKILL OF CONTRACTOR. Contractor represents that it has the necessary professional skills to perform the work required and the City shall rely on such skills of the Contractor to do and perform the work. In performing the work hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by Contractor hereunder. Contractor represents that it has reviewed Exhibit A and that in its professional judgment the work to be performed under this Contract can be performed for a fee within the maximum amount set forth herein and within the times specified. Contractor represents that it possesses all necessary training, licenses and permits to perform the Scope of Work and that its performance of the Scope of Work will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Scope of Work working on similar, successfully completed projects. The granting of any progress payment by City, or the receipt thereof by Contractor, or any inspection, review, approval or oral statement by any representative of City or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 4 or lessen the liability of Contractor for unsatisfactory work, including but not limited to cases where the defective or below standard work may not have been 33,000 -----------------------------December 31, 2026 Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Page 3 apparent or detected at the time of such payment, inspection, review or approval. 5. PROJECT COORDINATION. A. City’s Project 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 Contract. B. Contractor’s Project Director. Contractor shall assign a single Project Director to have overall responsibility for the progress and execution of this Contract for Contractor. ___________________________________ is hereby designated as the Project Director for Contractor. Should circumstances or conditions subsequent to the execution of this Contract require a substitute Project Director, for any reason, the Contractor shall notify the City within ten (10) business days of the substitution. 6. TERMINATION. A. The term of this Contract shall commence upon the date hereinabove written and shall expire upon completion of performance of work hereunder by Contractor. B. Notwithstanding the provisions of (A) above, City may with or without cause, direct Contractor to suspend, delay or interrupt the work, in whole or in part, for such periods of time as City may determine in its sole discretion. C. City may terminate this Contract in whole, or from time to time in part, for default, should Contractor commit a material breach of this Contract, or part thereof, and not cure such breach within ten (10) calendar days of the date of City’s written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. D. City may terminate this Contract in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City’s best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Contract would otherwise provide, but may recover no other cost, damage or expense. Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Contract. E. Lack of Appropriation: If this Contract is a multi-year contract, subject to appropriation each fiscal year, the City may terminate this Contract immediately for lack of appropriation of funds. F. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Contract without the prior written consent of the other. Curtis Below Paul Navazio Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Page 4 G. 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 Contract, shall be delivered to City as soon as possible, but not later than thirty (30) days after termination. 7. INSURANCE REQUIREMENTS. During the term of this Contract, and for any time period set forth in Exhibit B, Contractor 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 work under this Contract with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 8. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, Contractor 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 Contractor’s performance of its obligations or conduct of its operations under this Contract. The Contractor'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 Contractor'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 Contractor’s work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor’s indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor’s performance of or operations under this Contract, Contractor 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 work to be performed by Contractor under this Contract 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, Contractor 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, Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Page 5 recklessness, or willful misconduct of Contractor, or any sub Contractors, 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 Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract and shall survive the termination or completion of this Contract for the full period of time allowed by law. 9. PREVAILING WAGE. If the work to be performed under this Contract is for services where prevailing wages are required by State law, Contractor shall pay prevailing wages to its employees on any contract in excess of $1,000.00, Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Public Works Department upon request and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Contract. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Contract. 10. NOTICES. All notices and other communications required or permitted to be given under this Contract, including any notice of change of address, shall be in writing and given by email, 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 email, 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: [As identified in item 5.A] ___________________________ San Rafael, CA 94901 Email: ______________________ To Contractor’s Project Director: [As identified in item 5.B] ___________________________ ___________________________ Email: ______________________ pauln@cityofsanrafael.org 2054 UNIVERSITY AVE SUITE 600 BERKELEY, CA 94704 Curt@FM3Research.com 1400 5th Ave Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Page 6 11. LIABILITY OF CITY. Except as provided in Exhibit A, Scope of Work to be Provided by Contractor and Exhibit B, Insurance, City's obligations under this Contract shall be limited to the payment of the compensation provided for in Paragraphs 1 and 2 of this Contract, Notwithstanding any other provision of this Contract, in no event shall City be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Contract, the Scope of Work, or the Project. City shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by Contractor, or by any of its employees, even though such equipment be furnished, rented or loaned to Contractor by City. The acceptance or use of such equipment by Contractor or any of its employees shall be construed to mean that Contractor accepts full responsibility for and shall exonerate, indemnify, defend and save harmless City from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the Contractor, its employees, City employees or third parties, or to property belonging to any of the above. Nothing in this Contract shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Contractor may have under this Contract or any applicable law. All rights and remedies of City or Contractor, whether under this Contract or other applicable law, shall be cumulative. 12. MEDIATION. Unless waived by the City, should any dispute arise out of this Contract, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Unless the City waives this requirement, Contractor shall not be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. 13. GENERAL TERMS AND CONDITIONS. This Contract includes, and the Contractor agrees to comply with the City’s General Terms and Conditions, which are set forth in Exhibit C, attached hereto and incorporated by reference. [Signatures are on the following page.] Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Page 7 IN WITNESS WHEREOF, the parties have executed this Contract as of the day, month and year first above written. CITY OF SAN RAFAEL: _________________________________ ________________________________, _________________________________ Executed on:_______________________ APPROVED AS TO FORM: Office of the City Attorney _________________________________ ________________________________, _________________________________ ATTEST: City Clerk _________________________________ ________________________________, _________________________________ CONTRACTOR: __________________________________ By: ____________________________ Name: ____________________________ Title: ____________________________ [If Contractor is a corporation, second corporate officer signature required] __________________________________ By: ____________________________ Name: ____________________________ Title: _____________________________ Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB FM3 Research Curtis Below Partner & COO Richard Bernard FM3 Research Partner Andrea Visveshwara Chief Assistant City Attorney City Manager February 8, 2026 Cristine Alilovich Lindsay Lara City Clerk Scope of Work Project Title: Revenue Measure Research Polling Contractor: FM3 Department: City Manager’s Office 1. Description of the Work The City of San Rafael seeks to retain Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research) to conduct public opinion research to assess the feasibility, design, and messaging of a potential Measure P revenue measure. The purpose of this work is to provide objective, statistically valid data to inform City decision -making related to ballot measure development, public education, and strategic planning. FM3 will design and administer a dual-mode public opinion survey of likely November 2026 voters and provide analysis, reporting, and strategic recommendations to support the City’s evaluation of revenue measure options. The work will be conducted in close coordination with the City Manager’s Office. 2. Specific Tasks Task 1: Project Kickoff and Research Design FM3 will: • Conduct a kickoff meeting with the City’s project team to confirm research objectives, scope, and timeline. • Review relevant background materials, including prior City polling, financial context, and policy objectives. • Confirm research specifications, methodology, and decision points. Task 2: Sample Preparation and Methodology Development FM3 will: • Construct a voter sample using voter registration records. • Define the likely voter universe, including voters who participated in recent general elections and newly registered voters. • Establish demographic and geographic quotas to ensure a representative sample. • Finalize sample parameters for a target of 400 likely November 2026 voters, with the ability to analyze a June 2026 Primary subset if requested. Exhibit A Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Task 3: Questionnaire Design and Testing FM3 will: • Draft, refine, and finalize a survey questionnaire in collaboration with City staff. • Develop a questionnaire designed to take 15–20 minutes to complete. • Incorporate survey objectives, including testing project priorities, messaging, funding options, and potential opposition arguments. • Translate the telephone survey instrument into Spanish. • Program and test the survey questionnaire. • Conduct pre-testing to confirm clarity, flow, and length. • Obtain City approval of the final questionnaire prior to fielding. Task 4: Data Collection (Dual-Mode Survey Administration) FM3 will: • Administer the survey using a dual-mode methodology, combining online and telephone interviews. • Distribute email and text invitations for online survey participation. • Monitor response rates and send reminders or additional invitations as needed. • Conduct telephone interviews to balance demographic and geographic quotas. • Offer telephone interviews in English and Spanish; online interviews will be conducted in English. • Continuously monitor responses, quotas, and data quality during fielding. Task 5: Data Verification and Quality Control FM3 will: • Review incoming data for consistency, accuracy, and completeness. • Identify and remove invalid responses or data anomalies. • Generate partial toplines during fielding to monitor trends and sample balance. Task 6: Data Analysis FM3 will: • Analyze survey results using industry-standard statistical software. • Produce topline results showing overall response distributions. • Generate comprehensive cross-tabulated results across demographic, geographic, behavioral, and attitudinal subgroups. • Review and code open-ended responses into thematic categories. Task 7: Reporting, Recommendations, and Presentations Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB FM3 will: • Prepare a detailed PowerPoint presentation summarizing key findings, conclusions, and actionable recommendations. • Present draft findings to City staff and refine materials based on feedback. • Develop a presentation format suitable for public or stakeholder presentations. • Present survey results to staff, board members, or other stakeholders, as requested. • Remain available following project completion for follow-up analysis and consultation. 3. Deliverables Deliverable Format Due Date Acceptance Criteria Final Survey Questionnaire PDF & editable format Prior to fielding Approved by City project manager Voter Sample & Quota Plan Internal research documentation Prior to fielding Reflects agreed-upon parameters Topline Survey Results PDF & Excel Within 2 days of field completion Complete and statistically valid Cross-Tabulated Results Excel or statistical output Within 3 days of field completion Includes full demographic and subgroup analysis Open-Ended Response Verbatims Excel or text file With final results Responses fully captured and coded PowerPoint Findings Report PowerPoint Draft and final versions Includes findings, conclusions, and recommendations. Approved by City project manager Staff & Stakeholder Presentations Presentation (virtual or in- person) As scheduled Presentation delivered and accepted 4. Method of Payment • Contractor will be compensated on a fixed-fee basis for completion of the scope of work. • Total not-to-exceed amount: $35,000 • Total contract amount shall not to exceed the amount authorized. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB • Invoices shall be submitted in accordance with the contract schedule and include a summary of work completed. • No work outside the approved scope shall be performed without prior written authorization from the City’s Project Manager or designee. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit B-1 EXHIBIT B INSURANCE REQUIREMENTS During the term of this Contract, and for any time period set forth below, Contractor 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 work under this Contract 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 Contract, Contractor shall maintain, at no expense to City, the following insurance: 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 work required to be performed under this Contract, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the Contractor's performance under this Contract. Where Contractor is a professional not required to have a professional license, City reserves the right to require Contractor to provide professional liability insurance pursuant to this section. 4. Workers’ compensation. If it employs any person, Contractor 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. Contractor’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 Contractor 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 Contractor’s insurance Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit B-2 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 Contractor’s policies shall be at least as broad as ISO form CG20 01 04 13. 3. Except for professional liability insurance or workers’ compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor 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 Contract, 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 Contract. 7. The limits of insurance required in this Contract 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 Contract 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 Contract; 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 Contract are sufficient to cover the obligations of the Contractor under this Contract. 9. Contractor agrees to ensure that subcontractors, and any other party involved with the performance of work under this Contract, who is brought onto or involved in the performance of the work by Contractor under this Contract, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor 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 Contract. CONSUTLANT agrees that upon request by City, all Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit B-3 agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the work under this Contract will be submitted to City for review. 10. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the Scope of Work reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any 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 Contractor'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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney’s fees and defense expenses. D. Proof of Insurance. Contractor shall provide to the Project Manager all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Contract; (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 Contract. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. 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. Failure to comply with these requirements shall be considered a material breach of contract. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit C-1 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. 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 Contract. Contractor shall perform all work under this Contract 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. 2. PROVISIONS DEEMED INSERTED. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 3. SEVERABILITY. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 4. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the Contractor in connection with the performance of its duties under this Contract, shall be the sole property of City. City may use said property for any purpose, including projects not contemplated by this Contract. 5. 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 Contract. Contractor shall fully cooperate with City or its agent in any such audit or inspection. Contractor shall maintain all Project- related records for a period of three (3) years from completion of the work. 6. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Contract 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 Contract or any rights, duties Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit C-2 or obligations arising hereunder shall be void and of no effect. 7. WORKERS' COMPENSATION. Contractor certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing the performance of the work of this contract. 8. NONDISCRIMINATION. Contractor shall not discriminate, in any way, against any person on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation in connection with or related to the performance of its duties and obligations under this Contract. 9. NO THIRD PARTY BENEFICIARIES. City and Contractor do not intend, by any provision of this Contract, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Contract, to the other party. 10. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Contract, 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. 11. ENTIRE CONTRACT -- AMENDMENTS. A. The terms and conditions of this Contract, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Contract of the parties with respect to the subject matter of this Contract. B. This written Contract shall supersede any and all prior contracts, 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 Contract, shall be valid or binding, except by way of a written amendment to this Contract. D. The terms and conditions of this Contract shall not be altered or modified Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit C-3 except by a written amendment to this Contract signed by the Contractor and the City. E. If any conflicts arise between the terms and conditions of this Contract, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Contract shall control. 12. SET-OFF AGAINST DEBTS. Contractor agrees that City may deduct from any payment due to Contractor under this Contract, any monies which Contractor owes City under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 13. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Contract, 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 Contract, 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 Contract or any applicable law, ordinance or regulation. 14. CITY BUSINESS LICENSE / OTHER TAXES. Contractor shall obtain and maintain during the duration of this Contract, a City business license as required by the San Rafael Municipal Code, and Contractor 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 Contract, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 15. SURVIVAL OF TERMS. Any terms of this Contract that by their nature extend beyond the term (or termination) of this Contract shall remain in effect until fulfilled and shall apply to both Parties’ respective successors and assigns. 16. GOVERNING LAW. This Contract shall be deemed to have been executed in the County of Marin, California. The formation, interpretation and performance of this Contract shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of Marin, California unless the parties agree otherwise in a written amendment to this Contract. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB v. Feb 2025 Exhibit C-4 17. CONFLICT OF INTEREST. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 18. AUTHORIZATION. Each individual signing above warrants that they are authorized to do so by the party that they represent, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. 19. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Contract may be executed by electronic signature and in any number of counterparts, 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. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Updated January 7, 2026 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. All following documents are attached as reference material. RESPONSIBLE PARTY DESCRIPTION COMPLETED Project Manager Email PINS insurance request to Contractor ☐ City Attorney’s Office Review, revise as needed, and approve agreement as to form Department Director Review and approve agreement ☐ AB 339 not applicable or ☐ Complied with AB 339 Risk Management Confirm insurance documentation is complete Finance Review and sign off on funding availability TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Project Manager: Contractor Name: Contractor’s Contact: Contact’s Email: City Council Date: ☐ ___________________ or ☐ Not applicable ☐ FPPC: Check if Contractor must file Form 700 X Curt@FM3Research.com X Curt Below Fairbank, Maslin, Maullin, Metz & Associates Paul Navazio City Manager's Office Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB X Proposal to Conduct Survey Research on Potential November 2026 Revenue Measure(s) City of San Rafael December 12, 2025 921-7867 Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page i December 12, 2025 Alexis Bailey: Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research or FM3) Partner Curt Below is pleased to present this proposal to conduct public opinion research to assess potential revenue measure options for the City of San Rafael. We believe our firm is an excellent choice to provide these research services for several reasons, including:  FM3 is a recognized leader in conducting research that helps California cities, counties, and special districts objectively evaluate the viability of passing local ballot measures to secure additional revenue. Our research has contributed to the passage of more than 700 local finance measures approved for 160+ California agencies in every region of the state. In the 2023-24 election cycle alone, FM3 contributed to the passage of 100+ successful revenue measures to provide funding to local communities. For a full list of FM3’s past successful ballot campaigns, please visit fm3research.com/clients_category/ballot-measures.  FM3 brings a proven track record of helping Marin County agencies win revenue measures, grounded in decades of public-opinion research and an exceptional understanding of local voters and community dynamics. Over the past twenty years, our work has contributed to the passage of eight local finance measures across the County—including successful sales taxes, parcel taxes, and bonds for cities, special districts, and countywide agencies. This experience is reinforced by our broad portfolio of research for Marin public agencies, regional authorities, local candidates, and leading community organizations, giving us insight into the issues, trends, and voter attitudes that drive successful funding outcomes.  Our approach is focused on providing the best possible ongoing strategic consultation to our clients. We do not simply conduct a poll, present the results, and leave you and your team to figure out how to put them to use. Instead, we want to be a member of your strategic team. As a medium-sized research firm, FM3 provides its clients with a level of personal attention and service from our senior staff that is more often associated with much smaller organizations, while concurrently offering the wide range of services, adherence to expedited timelines, and rigorous quality control expected from larger research firms. As a testament to the quality of work FM3 conducted, please feel free to reach out to the following references: City of Alameda Sarah Henry, Communications & Legislative Affairs Officer (510) 747-4714 shenry@alamedaca.gov City of Sausalito Chris Zapata, City Manager (415) 289-4102 czapata@sausalito.gov City of Larkspur Dan Schwarz, City Manager (415) 927-5110 dschwarz@cityoflarkspur.org The remainder of this proposal contains FM3’s qualifications, proposed work program, and cost proposal. We have no requested changes to the sample contract included with the RFP, so we have not included that section in our proposal. We appreciate the opportunity to be considered for this project. If you have any questions about the contents of this proposal, please don’t hesitate to reach out—contact information is available on page 10. Sincerely, Curt Below, Partner Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB 12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562 1999 Harrison St., Suite 2020 | Oakland, CA 94612 Phone: (510) 451-9521 | Fax: (510) 451-0384 FM3 RESEARCH INSURANCE COVERAGES AND LIMITS (Updated February 21, 2025) This document is intended to assist those drafting a contract or letter of agreement with Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) by providing pertinent details about the kinds of insurance FM3 maintains. INSURANCE (PROPERTY AND BUSINESS LIABILITY) Carrier: Sentinel Insurance Company LTD (The Hartford Group) Rating: A XV Broker: O’Kane & Tegay Insurance Brokers Commercial General Liability: $1,000,000 (each occurrence) $10,000.00 Medical Expense (any one person) $1,000,000 Personal and Advertising Injury $1,000,000 Damages to Rented Premises (fire, lightening, explosion) $2,000,000 General Aggregate (per policy period) $2,000,000 Products/Completed Operations Aggregate Automobile Liability: $1,000,000 Hired/Non-Owned Auto Liability (We do not own our own vehicles, and therefore, do not have “owned” auto liability insurance) Umbrella/Excess Liability: $4,000,000 (each occurrence) $4,000,000 Aggregate (per policy period) INSURANCE (PROFESSIONAL LIABILITY, AKA ERRORS AND OMISSIONS) Carrier: Bridgeway Insurance Company Rating: A Broker: O’Kane & Tegay Insurance Brokers Professional Liability Standard Form Policy Limits $2,000,000 (each occurrence) $4,000,000 (annual aggregate) $25,000 (deductible) Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB FM3 Research Insurance Coverages and Limits Effective 2-21-2025 INSURANCE (WORKERS COMPENSATION) Carrier: Hartford Casualty Insurance Company Broker: O’Kane & Tegay Insurance Brokers Rating: A- Policy Limits: $1,000,000 Bodily Injury by Accident (each accident) $1,000,000 Bodily Injury by Disease (policy limit) $1,000,000 Bodily Injury by Disease (each employee) (And see attached sample certificate of workers compensation insurance) Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page iii CONTENTS 1 STATEMENT OF QUALIFICATIONS ...............................................................................................................................1 2 WORK PROGRAM ....................................................................................................................................................5 3 COST PROPOSAL .................................................................................................................................................. 10 4 CONTACT INFORMATION ....................................................................................................................................... 10 LIST OF FIGURES FIGURE 1: FM3’S SUCCESSFUL LOCAL FINANCE MEASURES IN MARIN COUNTY......................................................................... 3 FIGURE 2: RESEARCH SPECS AT A GLANCE ........................................................................................................................... 5 FIGURE 3: DUAL-MODE SURVEY RESEARCH PHASES AND TIMELINE ......................................................................................... 9 FIGURE 4: SURVEY COSTS ............................................................................................................................................... 10 Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 1 1 STATEMENT OF QUALIFICATIONS Firm Background Fairbank, Maslin, Maullin, Metz & Associates (FM3 Research or FM3) has been conducting public policy-oriented opinion research since 1981 on issues of major economic and social concern. The research FM3 conducts goes far beyond simply documenting the knowledge, views, and behaviors of various populations. Rather, our work produces actionable data that provides a strategic roadmap for policymakers to inform community outreach and communication efforts. FM3 Research is a West Coast-based firm with senior research staff located in California (Bay Area and Los Angeles) and Oregon (Portland). That said, we have established a strong history of conducting research throughout the country and are happy to work with clients anywhere in the U.S. Each of the research projects we do is led by one of our eight partners, all of whom are nationally respected authorities on public opinion research. As our client, you will have direct access to not only the partner working on your project, but also several other key staff members with advanced degrees in public policy, research methods, and/or extensive experience working in state and local government. We are a medium-sized research firm with 25 employees. While our firm is not so big that you will wonder whom to call with your questions, we are big enough to have our own in-house data analysis/processing team and graphic design resources. This means we can provide our clients with a level of personal attention and service from firm partners and other senior staff more often associated with much smaller organizations, while also providing rapid project turnaround and more sophisticated data analysis and presentations tailored to client needs that one might expect from larger firms. FM3 utilizes a variety of research tools designed to address each client’s unique circumstances. Some of these tools are quantitative, such as surveys; some are qualitative, such as focus groups; and others fall somewhere in between. In any given year, FM3 conducts 400+ surveys and 100+ focus groups, in addition to providing ongoing consulting for key clients. We also actively monitor methodological developments through our industry’s trade association—the American Association for Public Opinion Research (AAPOR)—and continually experiment with newly evolving online and digital research approaches. You don’t have to choose between hiring a full-service firm (with in-house data and graphics resources) or a hands- on firm where you’ll have direct and consistent access to the partner working on your project. With FM3 Research, you get both. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 2 Local Revenue Measures FM3 is a recognized leader in conducting survey research that helps California cities, counties, special districts, and other jurisdictions objectively evaluate the viability of passing local ballot measures to secure additional revenue. Our research has contributed to the passage of more than 700 local finance measures approved for 160+ California agencies in every region of the state. As evidence of the accuracy of our research, election results are typically within the margin of error of what our surveys suggest will be the level of support on Election Day. Our research identifies the feasibility of a potential ballot measure (or measures); the most appropriate tax rate and revenue mechanism (parcel tax, sales tax, transient occupancy tax, utility user tax, bond measure, etc.); how voters would prefer additional revenue to be used; and how to phrase the ballot label language. Furthermore, the finance measure research that FM3 conducts for our public agency clients not only assists in drafting the most compelling 75-word ballot label possible, but also quantitatively identifies which unique, legally permissible messages will resonate most among the agency’s constituents when engaging in community outreach and education. Our municipal clients represent a diverse cross-section of large and small cities and other jurisdictions, including suburban, urban, and rural communities, in every region of the state of California. We make it a priority to work closely with each of our clients to design the research, because every community or region is different and requires a customized approach to address its own unique characteristics and needs. In the 2023-24 election cycle alone, FM3 contributed to the passage of 100+ successful revenue measures to provide funding to local communities, including:  38 general-purpose sales tax measures  36 education finance measures  20 dedicated tax/bond measures  6 transient occupancy tax measures  4 business license tax measures  1 utility users tax measure  1 cannabis tax measure Marin County FM3 has extensive experience conducting research in Marin County, which has provided us with a comprehensive understanding of the county’s residents and voters. As a result, our team is deeply familiar with not only the local electorate but also the issues, cycles and rhythms of local public opinion and its evolution over time. In the past two decades, our research has contributed to the passage of eight local finance measures for various jurisdictions throughout the County (see Figure 1). Our public agency experience also includes research for the Tamalpais Community Services District, Marin Emergency Radio Authority (MERA), Twin Cities Police Authority (now the Central Marin Police Authority), Zero Waste Marin, Marin County Parks, and Marin Clean Energy, and regional agencies including Sonoma-Marin Area Rail Transit District (SMART), Spare the Air, and the San Francisco Bay Restoration Authority. We have also worked with local candidates including research on behalf of former Supervisor Kate Sears (Marin County District 3) and Congressman Jared Huffman. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 3 Finally, our private clients in the County include the Marin Community Foundation, Marin Agricultural Land Trust, Buck Institute, Sutter Health, and more. Figure 1: FM3’s Successful Local Finance Measures in Marin County Jurisdiction Measure Mechanism Election City of Larkspur Measure G ¼ Cent Sales Tax November 2022 City of Sausalito Measure L 1 Cent Sales Tax November 2022 Marin County Measure M $23 Million Bond November 2022 Southern Marin Fire Protection District Measure U $200 Parcel Tax November 2018 Marin County Measure A $29 Special Parcel Tax November 2014 City of Larkspur Measure C ½ Cent Sales Tax November 2013 Marin County Service Area #28 Paramedic Service District Measure M $24/Parcel Special Tax November 2010 Town of Corte Madera/ City of Larkspur Measure E $20 Million Bond November 2008 Curt Below, Partner & COO – Project Lead Partner and COO Curt Below brought his broad professional experience in the public, nonprofit, and private sectors to FM3 Research in 2007. Since joining the firm, he has provided qualitative and quantitative research—and strategic advice—to government agencies, nonprofit organizations, businesses, and candidate and ballot measure campaigns at both the state and local levels. During the last several election cycles, Curt conducted research contributing to the passage of a number of ballot measure campaigns, including California's Prop 1 (a $4 billion housing bond) and Prop 68 (a $4 billion park and water bond); two significant regional funding measures in the San Francisco Bay Area (a $3.5 billion BART bond measure and a nine-county “Clean & Healthy Bay” parcel tax); and a number of local finance measures in the following cities and counties, among others: Larkspur Alameda Antioch Cotati Daly City East Palo Alto Half Moon Bay Los Banos Martinez Milpitas Orinda Pittsburg San Jose San Mateo Santa Rosa Scotts Valley Sunnyvale Vallejo Humboldt County Santa Clara County Santa Cruz County Tuolumne County Yuba County Within Marin County, Curt has also conducted research for Tamalpais Community Services District and Southern Marin Fire Protection District in recent years. Curt also works extensively assessing public opinion on a variety of issue areas, seeking to both understand existing perceptions and attitudes and develop messaging guidance that furthers awareness and inspires behavioral changes. This includes work on water conservation, environmental and open space protection, energy use and Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 4 generation, public safety, education, residential waste disposal and waste reduction, public transit use, parks and recreation, and issues related to development. Prior to joining FM3, Curt gained experience in the public sector, working for the California State Legislature and serving as the Vice-Chair of the City of Oakland's Public Ethics Commission; in the nonprofit sector, working for the Environmental Defense Fund; and in the private sector, as co-founder and Vice President of Get Active Software, an Internet software and services company that provided online constituent mobilization and engagement tools for nonprofit organizations. Education: Curt earned his bachelor’s degree in geography/environmental studies from UCLA and both a Master of Public Policy (MPP) degree and a Master of Public Health (MPH) degree from UC Berkeley. Suzanne Brewster, Researcher Since joining FM3 in April 2025, Suzanne has provided both quantitative and qualitative research for ballot measure campaigns and candidate races. Her work has addressed issues including public safety, transportation, public education, and conservation. Prior to FM3, Suzanne worked at 50+1 Strategies, where she project managed and tracked performance for clients’ digital media marketing initiatives during the 2024 election cycle. She also served as Communications Lead for the Loren Taylor Oakland Mayoral Campaign, helping to craft messaging and outreach strategies in the final months before the special election. Education: Suzanne holds a bachelor’s degree in political science from Colgate University and an MBA from UCLA Anderson School of Management. FM3 will not be using any subconsultants for this project. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 5 2 WORK PROGRAM FM3 will approach this work in three distinct phases: research design, data collection, and data analysis and reporting. The following sections provide a detailed description of our proposed work plan. Figure 2 outlines our recommended research specifications (sample size, questionnaire length, etc.) at a glance. Phase 1: Research Design In designing the research for this project, FM3 will draw from its knowledge of public opinion survey methodology, our comprehensive review of the City’s past public opinion research, your current and future objectives and needs, and FM3’s own vast library of past research on local revenue measures. The process will begin with an initial kickoff meeting between FM3 and your project team for an extensive review of relevant background information and context, as well as a detailed discussion of your objectives for the project. Sample Preparation FM3 will construct a sample by obtaining a list of all voters from voter registration records. We will then define the likely voter universe based on past voting behavior, including in our sample voters who have participated in midterm general elections in the past, plus those who have newly registered since the most recent general election. We recommend a sample size of 400 likely November 2026 voters, with the ability to also provide analysis for the subset of respondents who are likely to vote in the June 2026 Primary (if the City is considering that election). While acquiring and preparing the sample, FM3 will also establish demographic and geographic quotas, which we will use as necessary during the data collection phase—and after the interviews are completed—to ensure we are getting a range of respondents that accurately reflects the overall population of relevant voters. Questionnaire Design In designing a survey questionnaire, we typically proceed through several drafts, incorporating feedback from your team before each revision, to develop a research instrument that will successfully obtain all the desired Methodology Dual-mode survey using a combination of telephone and online interviews Contact Methods Telephone calls, email invitations, and text invitations Sample 400 likely November 2026 voters Margin of Sampling Error ±4.9% - sample of 400 At the 95% confidence level (i.e., in 95 out of 100 cases) Questionnaire 15-20 minutes Languages Telephone interviews will be conducted in English and Spanish; online interviews will be conducted in English only. Figure 2: Research Specs at a Glance Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 6 information. We recommend a questionnaire that takes 15 to 20 minutes to complete on average; if the City wishes to test two (or more) measures, we will need to conduct a 20-minute survey. Please note that a 20-minute survey will allow us to thoroughly test up to two measures (i.e., assess project priorities, funding rates, messaging, etc.). Alternately, if the City wishes to explore more than two potential measures, we could conduct an initial exploratory survey that tests more concepts at a higher (less thorough) level, followed by a survey that dives into one or two specific mechanisms later in the year. FM3 is happy to discuss these options with the City upon further request. Although we will develop the questionnaire in collaboration with the City’s project team, our focus will be on achieving four key objectives:  Quantitatively test voters’ sense of urgency and priority for dozens of potential projects and expenditures, and then work collaboratively with City legal counsel to draft a 75-word ballot label that meets legal requirements while emphasizing as many of your voters’ top priorities as possible.  Assess the relative efficacy of a range of non-advocacy public education statements to identify which themes and information will resonate most with voters in the context of public outreach efforts.  Test the impact of finance measure opponents’ potential criticisms to provide the City a quantitative assessment of which opposition arguments may be most damaging to a measure’s standing among the electorate.  Learn which sources voters use to get information about the City, and which public figures and organizations would prove the most credible as messengers about the City’s measure(s). In addition to behavioral, attitudinal, and situational questions, the survey will ask a variety of relevant demographic questions such as race/ethnicity, age, educational attainment, family type (does the respondent have children, and if so, what age(s) and do they live with them), household income, and homeownership status (homeowner/renter), among others. As requested in the RFP, interviews will be offered in both English and Spanish. Given that only approximately 8% of likely November 2026 voters are Latino, we recommend only translating the telephone questionnaire for maximum cost efficiency and offering online interviews in English only. This is due to the fact that we have found that people are less likely to respond to online surveys in non-English languages. Before interviewing commences, FM3 will secure approval from the appropriate City representative on the final version of the questionnaire. Before fielding the survey, telephone interviewers will be prepped and thoroughly trained in the questionnaire's structure and design, as well as in any unique or unfamiliar pronunciations. Once approved for fielding, the survey questionnaire will be pre-tested with a sample of respondents to ensure ease of administration and flow. Such testing will also verify the length of the questionnaire as well as the clarity and comprehensibility of survey questions. If necessary, FM3 will bring to your attention any questions that appear to be generating confused responses and suggest potential questionnaire modifications to address those issues. The results of the pre-test will be reviewed with City staff to determine whether any adjustments need to be made before interviewing proceeds. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 7 Phase 2: Data Collection Online Interviews Based upon the final sample specifications, we will set a target number of interviews to be completed online. We will then estimate an email invitation response rate based upon your community's demographics and send a random selection of potential respondents either an email or a text message invitation containing a unique link (which can only be used once) inviting them to take the survey online. Depending on response rates, we may also send out reminder emails to recipients who have not yet taken the survey, or we may send new email invitations to additional addresses in the sample. Telephone Interviews Within several days of the initial invitation distribution, we will compare the demographic and geographic characteristics of the online completes with our pre-established quotas. We will then begin conducting telephone interviews to balance out the sample and target underrepresented subgroups. The telephone interviews are completed—and the online survey is closed—when both the overall target number of interviews is reached, and the demographic and geographic quotas have been sufficiently filled. (This means that sometimes more interviews than planned are completed to meet specific population quotas.) Data Verification Throughout the fielding of the survey, FM3 will review frequencies, generate a “partial” topline (percentage of respondents who chose each answer option for all survey questions), and review and clean the data. This allows us to check for illogical answers and data anomalies—both deliberate (such as straight-lining, when a respondent picks, for example, the first option in every question in the survey) and unintentional (taking the survey twice, online and by phone, for example). These checks also help ensure the sample is representative of the population of interest and our interviews are reaching established quotas. Phase 3: Data Analysis and Reporting Data Analysis All survey responses will be analyzed by FM3’s Data Processing and Analysis department staff using a customized installation of SAS software, a well documented and widely used data analysis software package. Open-ended responses will be further reviewed, coded, and grouped into thematic categories. Within two days after interviewing has been completed, the topline survey results will be generated and FM3's initial analysis will begin. These results will show the overall percentage of respondents that chose each answer option for all survey questions. Within three days, a comprehensive set of cross-tabulated results will also be generated. The cross- tabulated results will make it possible to detect how responses differ, if at all, among various subsets of the sample. For example, it will be possible to compare answers provided by men and women; residents of various age categories, income levels, and ethnicities; homeowners and renters; parents and non-parents; residents living in different communities; and many other subgroups. Reporting and Deliverables FM3 will generate a detailed report of the survey results in a PowerPoint presentation, including demographic breakouts and summaries of key findings and recommendations. These results are typically presented in draft Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 8 format to the client team and then further refined based upon feedback from that group. A version of this presentation will also be developed in a format suitable for FM3 to present in a public forum. Upon conclusion of the survey project, the City will have received from FM3 the following deliverables:  Final survey questionnaire  Topline survey results  Full cross-tabulated results (responses to every survey question, broken down by dozens of demographic, geographic, behavioral, attitudinal, and situational subgroups of the population)  Verbatim answers to any open-ended questions  Detailed PowerPoint presentation (including graphic presentation of key findings, detailed results, conclusions, and actionable recommendations)  Presentations of results to staff, board members, or other stakeholders (in person if desired) Finally, after FM3’s final deliverables have been completed, we will remain available to answer follow-up questions and to present results to additional key stakeholders. We view the responses to the survey as an ongoing data resource; if needed, FM3 can conduct further analysis to provide answers to any follow-up questions. Timeline FM3 is prepared to begin work on this research project immediately and would approach it in three distinct phases: research design, data collection, and data analysis and reporting. As shown in Figure 3 on the following page, the entire process would take approximately five to eight weeks from kick-off, though we would be happy to extend or compress the timeline to best meet your needs. Furthermore, at the conclusion of Phase 3, FM3 would remain available for ongoing consultation and any further analysis and presentation of the research as needed. Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 9 Figure 3: Dual-Mode Survey Research Phases and Timeline • Kick-off meeting/confirmation of research specifications • Review necessary background materials • Draft, refine, and finalize survey questionnaire • Finalize sample parameters and order/prep sample • Translate survey questionnaire • Program and test survey questionnaire Phase 1: Research Design (2-3 weeks) • Send email and text invitations and reminders (as necessary) • Analyze demographics of online survey respondents • Initiate and conduct telephone interviews • Continually review responses and sample quotas • Begin development of cross-tabulated report structure Phase 2: Data Collection (1-2 weeks) • Generate topline survey results • Generate cross-tabulated results • Conduct statistical analysis • Generate PowerPoint presentation of key findings, conclusions, and actionable recommendations • Present findings Phase 3: Data Analysis and Reporting (2-3 weeks) Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Page 10 3 COST PROPOSAL As is the standard in the polling industry, FM3 does not bill using hourly rates nor by task, but rather by project, utilizing costs that are informed by the specifications of the research being conducted. For example, our costs for survey research are informed by factors that include the number of interviews completed, the average interview length, the interviewing methodology used (dual-mode, telephone, online, intercept, etc.), the type of sample being utilized (such as all adult residents, all registered voters, likely voters, etc.), and the language(s) in which interviews are conducted. Figure 4 contains the total estimated costs for this research. These prices are comprehensive and include all costs for questionnaire design, sample acquisition and preparation, Spanish translation (phone questionnaire only), programming, email and text invitations, survey hosting, bilingual telephone interviewing, data entry and analysis, and reporting. If the City wishes to offer online interviews in Spanish, there will be an added translation fee of $1,000. Figure 4: Survey Costs Survey Length Cost (N=400) 15 minutes $28,500 20 minutes $32,000 Because it is part of FM3’s standard practice to remain available to our clients following our final presentation of results, it is not necessary to provide hourly billing rates for additional services. 4 CONTACT INFORMATION Thank you for taking the time to review our proposal. Please feel free to contact us with any questions. Curt Below Partner & COO Curt@FM3Research.com (510) 451-9521 Docusign Envelope ID: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Certificate Of Completion Envelope Id: 25BE81E2-EEC6-405E-B0FB-754491C50EEB Status: Completed Subject: DocuSign: PSA with FM3 for Survey Research on Potential November 2026 Revenue Measure(s) Source Envelope: Document Pages: 34 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 4 Walter Gonzalez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 111 Morphew St San Rafael, CA 94901 Walter.Gonzalez@cityofsanrafael.org IP Address: 199.88.113.8 Record Tracking Status: Original 12/19/2025 12:32:14 PM Holder: Walter Gonzalez Walter.Gonzalez@cityofsanrafael.org Location: DocuSign Signer Events Signature Timestamp Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:1700:9750:3df0:70aa:a59d:c5bb:fe81 Sent: 1/7/2026 4:20:30 PM Viewed: 1/7/2026 4:20:49 PM Signed: 1/7/2026 4:21:02 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Paul Navazio Paul.Navazio@cityofsanrafael.org Finance Director City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:b01:9490:95bb:8258:7515:ef30 Sent: 1/7/2026 4:20:30 PM Resent: 1/14/2026 9:47:39 AM Resent: 1/21/2026 10:07:32 AM Resent: 1/23/2026 3:32:55 PM Resent: 1/23/2026 3:34:03 PM Viewed: 1/23/2026 4:39:07 PM Signed: 1/23/2026 4:40:22 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Paul Navazio Paul.Navazio@cityofsanrafael.org Finance Director City of San Rafael Signing Group: Finance Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:645:b01:9490:95bb:8258:7515:ef30 Sent: 1/23/2026 4:40:24 PM Viewed: 1/23/2026 4:41:46 PM Signed: 1/23/2026 4:41:46 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Curtis Below Curt@fm3research.com Partner & COO FM3 Research Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 150.252.241.11 Sent: 1/23/2026 4:41:49 PM Viewed: 1/26/2026 12:04:02 PM Signed: 1/26/2026 12:04:13 PM Electronic Record and Signature Disclosure: Accepted: 1/26/2026 12:04:02 PM ID: fa373ce6-b6e9-4a59-bdc7-53b4e18bc581 Signer Events Signature Timestamp Richard Bernard Bernard@FM3research.com Partner FM3 Research Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.91.183.169 Sent: 1/26/2026 12:04:17 PM Viewed: 1/26/2026 2:29:40 PM Signed: 1/26/2026 2:30:28 PM Electronic Record and Signature Disclosure: Accepted: 1/26/2026 2:29:40 PM ID: 6299fb53-2763-40cb-a596-54c0fd6c57d0 Andrea Visveshwara Andrea.Visveshwara@cityofsanrafael.org Chief Assistant City Attorney City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 1/26/2026 2:30:30 PM Viewed: 1/27/2026 4:11:52 PM Signed: 1/27/2026 4:12:27 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Heather Davis Heather.Davis@cityofsanrafael.org Risk Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2601:205:4b01:1550:2d3d:6426:cb15:6473 Sent: 1/26/2026 2:30:31 PM Viewed: 2/3/2026 2:34:19 PM Signed: 2/3/2026 2:34:26 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Cristine Alilovich Cristine.Alilovich@cityofsanrafael.org City Manager City of San Rafael Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.54.192.183 Signed using mobile Sent: 2/3/2026 2:34:29 PM Viewed: 2/8/2026 8:16:15 AM Signed: 2/8/2026 8:16:22 AM Electronic Record and Signature Disclosure: Accepted: 8/8/2025 5:50:59 PM ID: 92734b64-c5dc-4308-af7f-b0f4b9ffd306 Lindsay Lara Lindsay.Lara@cityofsanrafael.org City Clerk City of San Rafael Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.88.113.8 Sent: 2/8/2026 8:16:24 AM Viewed: 2/11/2026 12:41:36 PM Signed: 2/11/2026 12:41:42 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Editor Delivery Events Status Timestamp Nataly Torres Nataly.Torres@cityofsanrafael.org Legal Assistant City of San Rafael Security Level: Email, Account Authentication (None) Using IP Address: 2600:1700:9750:3df0:70aa:a59d:c5bb:fe81 Sent: 12/22/2025 11:19:13 AM Resent: 12/29/2025 12:36:38 PM Resent: 12/29/2025 4:17:59 PM Resent: 1/2/2026 11:33:52 AM Resent: 1/5/2026 9:42:06 AM Resent: 1/6/2026 4:06:57 PM Resent: 1/7/2026 1:48:26 PM Viewed: 1/7/2026 4:09:11 PM Completed: 1/7/2026 4:20:29 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/22/2025 11:19:13 AM Envelope Updated Security Checked 1/7/2026 10:44:54 AM Envelope Updated Security Checked 1/7/2026 4:20:29 PM Envelope Updated Security Checked 1/7/2026 4:20:29 PM Envelope Updated Security Checked 1/7/2026 4:20:29 PM Envelope Updated Security Checked 1/7/2026 4:20:29 PM Envelope Updated Security Checked 1/7/2026 4:20:29 PM Certified Delivered Security Checked 2/11/2026 12:41:36 PM Signing Complete Security Checked 2/11/2026 12:41:42 PM Completed Security Checked 2/11/2026 12:41:42 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of San Rafael (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of San Rafael: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: city.clerk@cityofsanrafael.org To advise City of San Rafael of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at city.clerk@cityofsanrafael.org and in the body of such request you must state: your Electronic Record and Signature Disclosure created on: 5/22/2025 12:46:43 PM Parties agreed to: Curtis Below, Richard Bernard, Cristine Alilovich previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of San Rafael To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of San Rafael To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to city.clerk@cityofsanrafael.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of San Rafael as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of San Rafael during the course of your relationship with City of San Rafael.