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HomeMy WebLinkAboutCM Public Safety Facilities Ballot MeasureCITY OF Agenda Item No: 5 Meeting Date: May 4, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Ken Nordhoff, City Manager City Manager Approval: SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS FOR ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BALLOT MEASURE OPTIONS, PLUS A FACILITIES BOND MEASURE SURVEY. WITH SIDEWALK STRATEGIES AND GODBE RESEARCH RECOMMENDATION: Adopt Resolution awarding Agreements for Assessing the Feasibility of Public Facilities Ballot Measure Options, Plus a Facilities Bond Measure Survey with Sidewalk Strategies and Godbe Research BACKGROUND: At the meeting of August 4, 2008, the City Council adopted a Critical Facilities Committee (CFC) Progress Report, which made a series of recommendations regarding our essential services buildings. Many of these recommendations would be accomplished by extending the term of the Critical Facilities Committee. Therefore, the Council also acted to extend the CFC members terms through July 2009 in order to allow adequate time to complete an education effort and issue a Final Report to the City Council and community. ANALYSIS: The Critical Facilities Committee report of August 4, 2008, approved by City Council, included the following series of recommendations (partial listing): 1. We recommend that the City contract for targeted polling to determine the voting public's understanding of the present condition of our critical facilities, and of the need for replacement or upgrade, and, to measure the public's willingness to support a measure to accomplish a program of replacement and upgrade. 2. We recommend that the City retain professionals with expertise in campaign strategy as soon as possible to develop informational materials to educate the public to the need for replacement and upgrade of our public buildings. 3. We recommend that the City begin to develop a public education program as soon as possible, utilizing community volunteers, civic leaders, community groups, and business interests as both audience and educators. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 At a study session on September 2, 2008, 1 outlined for the City Council how the Phase I feasibility work and related citizen satisfaction survey would unfold. As noted last fall, committing to this Phase I work was really committing to the entire process which included a possible ballot initiative at a future election within the next two years. Phase I work required staff commitments, your involvement, and the dedication of additional resources (beyond those already approved last year) to complete the Phase 11 work. The Phase I Feasibility work was conducted over the past few months. Results of these efforts have included: 1. Tours were conducted for interested individuals to demonstrate first hand the obsoleteness and modernization needs of City essential facilities. 2. A link was established on the City's website (www.cityofsanrafael.om) discussing our aging facilities. This link has information about our buildings, a FAQ sheet of frequently asked questions, and the ability to view a series of videos highlighting building needs in our downtown library, fire stations, police station and community centers. 3. City staff has worked closely with the CFC Committee members during this Phase I activity. 4. City staff has also been 'on the circuit' discussing our facility needs during presentations to homeowners associations and other stakeholder groups. The City completed its biannual customer satisfaction survey in February. Imbedded in this year's survey were some questions around our facilities needs, and the willingness of voters to consider funding improvements. Even after our Phase I education effort, many surveyed in the community demonstrate a low level of awareness regarding the specific facility needs that demand urgent attention. The common thread in the recent 2009 survey, as well as the 2007 poll, is that fact most voters either can't rate the condition of the city's critical facilities or rate the condition as excellent or good. Voter perceptions of San Rafael's facilities are out of step with the true condition of these buildings. When voters were presented with the concept of a ballot measure to fund improvements to these facilities, many did not sufficiently understand the needs to justify the measure. The ballot measure is a solution to a problem. In addition, the surveys in 2007 and 2009 tested large bond measures to fund a wide variety of the city's facility needs. The surveys also indicate a clear hierarchy of support for the facility projects (in order of highest voter support to lowest voter support): (1) Public Safety (Fire and Police), (2) Library, and (3) Community Centers. Instead of trying to pass a single mega -bond to address all of these needs at once, the consultants and staff believe our chances for success will be enhanced by breaking these projects down into two ballot measures that together will address a big piece of the critical facilities needs list. City staff, along with Larry Tramutola from Sidewalk Strategies (Tramutola LLC), reviewed the proposed two ballot education approach at a City Council study session on April 20, 2009. The background and reasoning for this "Phase 11" education effort is included with as part of this report. Based upon ensuing discussion, City staff was directed to return to the City Council with formal consulting agreements. This next critical segment of work will assess the feasibility of ballot measure options. Over the years, the City has conducted numerous facilities studies. Currently, we are at a place where some in our community understand our long standing facility challenges; others do not. Commitments from City staff, consultants and community volunteers over the next three SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pace: 3 months will determine if our residents can better understand essential facilities needs, and are prepared to take action. A second round of polling, focused specifically on various facility needs and a variety of bond measure options, will be conducted in early July. Poll results will be analyzed, and a determination made about how and when to move forward on facility ballot measures. The Facilities Committee owes the community and Council a final report by the end of July. Polling results will heavily influence their final series of recommendations on how to address our facility needs. I recommended on April 20th that you move forward as soon as possible on the Phase II assessment and surveying work. The proper functionality, adequacy and safety of our essential facilities are integral to the services provided by the Departments who operate in these structures. Moving into Phase II was supported by those from the CFC and Fire Commission in attendance on the 20th. You gave direction to bring the agreements with the Tramutola and Godbe firms, which are attached for your approval. FISCAL IMPACT: The cost of the agreements, and related funding sources, is as follows: The Phase II assessment work shall be provided by Sidewalk Strategies (the Tramutola firm) and is estimated to be $30,000. Per their proposal, work commences immediately and continues though August. The public opinion satisfaction poll will include specific components and questions around our facilities and the willingness of voters to provide funding for identified facility priority needs. This survey will be developed in May, and implemented no later than early July. Results will be made public upon completion of the survey. Survey costs are projected to not exceed $23,090 and are consistent with the cost of prior public opinion surveys. The total cost of this work does not require new appropriations from the General Fund. I am recommending a reallocation of appropriations from the Public Works administrative budget, due to staff vacancy savings, to cover the $30,000 Tramutola LLC agreement. The cost of polling can be paid from the 2009-2010 budget and has been included as part of the proposed appropriations for this next fiscal year. Any costs associated with the development or distribution of printed materials will come from current year General Fund appropriations already in place. ACTION REQUIRED: Adopt Resolution as presented OPTIONS: 1. Modify the Resolution and adopt per changes. 2. Reject Resolution. ATTACHMENTS WACity Managers- WorkRe\Council Material\Staff Reports\09\cfc educ phase 2 staff report.doc RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AGREEMENTS FOR ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BALLOT MEASURE OPTIONS, PLUS A FACILITIES BOND MEASURE SURVEY, WITH SIDEWALK STRATEGIES AND GODBE RESEARCH WHEREAS, the City Council appointed a Critical Facilities Committee via Resolution No. 12381 on November 19, 2007, and WHEREAS, the Critical Facilities Committee was established in order to develop strategies for informing and educating the community about the current state of our buildings as well as develop an implementation plan to advance the priorities set by the former Critical Facilities Strategy Committee, and WHEREAS, the City Council accepted a Progress Report of the Critical Facilities Committee on August 4, 2008, and WHEREAS, on August 4, 2008, the City Council extended the term of the Committee members appointed on November 19, 2007 until the last day of July, 2009. Prior to the end of this extended term, the Critical Facilities Committee is to provide a Final Report to the community and City Council that demonstrates the strategies used to educate and inform the community about the current condition and needs for improving our essential service buildings and have developed financially sound and politically viable implementation strategies to begin addressing the needs of our buildings. WHEREAS, the City Council reviewed a Phase I Feasibility Assessment and City Satisfaction Survey proposal at a study session on September 2, 2008, and directed staff to return at a future City Council meeting with the appropriate agreements to authorize this first phase education, strategy and polling work that is necessary to assist the Critical Facilities Committee in fulfilling their objectives as stated above. WHEREAS, polling this past February on a ballot measure to fund upgrades to critical facilities in San Rafael indicates support from more than a majority of voters. Unfortunately, support still remains shy of the two-thirds threshold required for passage of a facilities bond measure. These resident survey results indicate more work to do and important strategic decisions to make before the City can consider actions to place a facilities measure on the ballot. WHEREAS, On April 20, 2009, the City Council was presented with a Phase II Facilities Feasibility Assessment process, the purpose of which would be to educate our residents, businesses and other stakeholders about essential facility needs, and directed City staff to return with a formal proposal for the consulting and polling services necessary to complete this Phase II work. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council does hereby: 1. Authorize the City Clerk and City Manager to execute an Agreement with Sidewalk Strategies for a total amount not to exceed $30,000 to perform Phase II — Assessing the Feasibility of Public Facilities Bond Measure Options, in the form attached hereto. 2. Authorize the City Clerk and City Manager to execute an Agreement with Godbe Research, for a total amount not to exceed $23,090 to perform a Facility Bond Measure Survey, in the form attached hereto. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 4th day of May, 2009 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk W ACity Managers- WorkFile\Council Materia1\Reso1utions\2009\cfc educ phase 2 reso.doc AGREEMENT FOR FEASIBILITY OF PUBLIC FACILITIES BOND MEASURE OPTIONS WITH TRAMUTOLA, LLC This Agreement is made and entered into this 4th day of May, 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Tramutola. LLC (hereinafter "CONTRACTOR"). 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Charles Heath is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the portion of the duties and/or provide services identified as Phase II — Assessing the Feasibility of Public Facilities Bond Measure Options as described in Attachment "A" attached and incorporated herein. 3. DUTIES OF CITY CITY shall cooperate with CONTRACTOR in its performance under this agreement and shall compensate CONTRACTOR as provided herein. 4. COMPENSATION For the full performance of the Phase II services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as provided in Attachment "A", in an amount NOT to exceed $30,000 including the cost of local business license taxes as described in Section 20. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT The term of this Agreement shall commence upon the date of execution of this agreement and shall end on December 31, 2009. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 2 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees and volunteers as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees and volunteers as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency. 3 C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. II! 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Ken Nordhoff, City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560 TO CONTRACTOR: Mr. Charles Heath Tramutola LLC 191 Ridgeway Avenue Oakland, CA 94611 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 5 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 94-3252453 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. 21. APPLICABLE LAW The laws of the State of California shall govern this Agreement. r IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CONTRACTOR am City Manager Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney WACity Managers- WorkFile\Hgreements & Contracts\09\Tramutola Educ Phase 2.doc 7 Attachment "A" TRA.MUTOLA TIME DISCIPLINE OF WINNING TO: KEN NORDHOFF CITY OF SAN RAFAEL FROM: CHARLES HEATH TRAMUTOLA LLC RE: PHASE R - ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BOND MEASURE OPTIONS DATE: APRIL 13, 2009 Recent polling on a ballot measure to fund upgrades to critical facilities in San Rafael indicates support from more than a majority of voters. Unfortunately, support still remains approximately 15 percentage points shy of the two-thirds threshold required for passage of a facilities bond measure. Ideally, the poll would have measured latent support at or around the two-thirds level and we would have the evidence in hand to move forward to the ballot straight away. Instead, we still have some work to do and important strategic decisions to make before we are ready to go to the ballot. This memo considers the options for moving forward, the timelines and the related strategic considerations that impact the feasibility of a ballot measure(s). Factors Influencing Voter Opinions Intuitively, one might conclude that the primary factor limiting voter support for a facilities bond measure is the current state of the economy. Upon closer analysis, we see little evidence that the economy is the factor limiting support. The level of support for the facilities bond in the recent 2009 survey is virtually identical to the level of support measured in 2007 when the economy remained strong. In fact, support held up despite the fact that the amount of the bond tested in the 2009 survey was double the number tested in 2007. If the economy were the paramount issue, we would have seen a downward trend in the time series data. This trend is consistent with the trends we've seen in other communities in Marin and throughout the State. Our recent polling on tax issues in Novato and many communities around California indicates 191 Ridgeway Avenue, Oakland CA 94611 Ph: (510) 658-7003 Fx: (510) 658-7302 Web: www.tramutola.com E-mail: info@tramutola.com that support for local tax measures seems to be insulated from the downturn in the economy. There are several reasons for this. First, given the federal, state and local budget deficits that have accompanied the downturn in the economy, voters have a heightened awareness of the need for additional revenue to protect essential services and community facilities. Second, voters are eager to protect their own communities and thus willing to support taxes when they feel confident the revenue will remain close to home. Third, voters perceive these measures as a type of stimulus that will create jobs and economic activity in their own community. All these factors combine to offset any decrease in support that may be attributable to a lack of confidence in the national economy or one's own personal financial situation. The survey data indicates that the more likely factor limiting support is the community's low level of awareness regarding the specific facility needs that demand urgent attention. The common thread in both the 2007 and 2009 surveys is that fact that most voters either can't rate the condition of the city's critical facilities or rate the condition as excellent or good. Voter perceptions of the state of San Rafael's facilities is out of step with reality. When voters are presented with the concept of a ballot measure to fund improvements to these facilities, many voters do not sufficiently understand the needs that justify the measure. The ballot measure is a solution to a problem. Before voters will support the solution, they must understand the problem. By educating voters about the urgent facility needs, we feel confident that we can grow voter support for the ballot measure. In addition, the surveys in 2007 and 2009 tested large bond measures to fund a wide variety of the city's facility needs. The surveys also indicate a clear hierarchy of support for the facility projects (in order of highest voter support to lowest voter support): (1) Public Safety (Fire and Police), (2) Library, and (3) Community Centers. Instead of trying to pass a single mega -bond to address all of these needs at once, we believe that our chances for success will be enhanced by breaking these projects down into two ballot measures that together will address a big piece of the critical facilities needs list. The first ballot measure (Measure A) should address the police and fire facilities in a single public safety ballot measure. The second ballot measure (Measure B) would be a standalone library measure. Measure B could possibly be a parcel tax measure that would provide funding for the facility, furnishings and operations. Future polling will guide us on the type and structure of the tax. Placing two measures on the ballot at the same time has several advantages. It will allow us to package the projects in a way that allows for a clear message focused on a single service area rather than trying to argue for everything simultaneously. While we will link the two measures and campaign for them as a package (vote yes on A&B), having separate messages allows us to clearly articulate the two distinct needs that these measures address. Measure A provides safe and modern police and fire facilities to keep our community safe. Measure B will provide an improved and expanded library to meet the needs of children, families, seniors and other residents in San Rafael. This will be an easier message to communicate than Measure Z funds police, fire and library facilities. By placing two measures on the ballot, it allows us to hedge our bets. Getting two-thirds support is difficult. Our goal will be to. run a campaign that gets both measures over the top. However, if we encounter opposition or other challenges, having two measures increases the chances of getting one of the measures passed so this is not an all or nothing proposition. TRAMUTOLA III[ DISCII IINF OF wINNINL1 Page 2 If we are successful in passing these two measures, we can look at options for funding improvements to the community centers down the line. Every possible effort should be made to secure other sources of funding to reduce the cost to taxpayers and show that the city only asks the community to fund projects as a last resort. Consistent communication with voters will be critically important to ensure they understand the master plan, why the projects are needed and why taxpayer support is required. As the first phase of the project is completed, the city's positive stewardship of the first round of funding for the projects becomes a selling point for funding the community center projects. Next Steps The keys to increasing voter support for these bond measures to the levels we need to see before moving to the ballot include educating voters about the need for facility enhancements and reformulating the full menu of facility needs into the package of two measures. Accordingly, the next step is to prepare and launch an aggressive public communications effort focused on the public safety and library facilities that would be improved as part of the first two ballot measures. Prior to the last survey we developed and implemented a small-scale communications effort to inform voters about the critical facility needs. This effort focused primarily on opinion leaders and relied on passive forms of communication, such as the city's website. In order to achieve our objectives, we must focus our next round of communication and outreach on all registered voters and we must utilize proactive forms of communication that will allow us to get our message directly into voter households without relying on them to seek the information out. Currently, voters are being bombarded with news about cuts to all levels of government. To make the City of San Rafael's facility needs stand out at urgent and critical, we are going to need to employ some different approaches to communicating the facility needs to voters. This will require a series of direct mail pieces focused on the facility needs, with eye-catching graphic examples. We will also need to organize direct communication to voters by public safety workers through phoning and canvassing efforts. We will look to organize library advocates to do letter writing and other outreach to voters. If a firefighter knocks on your door to tell you about the severity of the facility problems at the local fire station, it will stand out in your mind and leave an impression of just how bad the situation must be to motivate this type of action. Similarly, a phone call from a police officer or a hand written note from a library supporter will leave an impression — "Why would they go through all this trouble unless the situation was dire. Following this communication program, we will need to conduct a poll to test the two ballot measures and the impact of our communication efforts. The poll will simulate this two measure strategy and how a campaign linking the measures will work. If these strategies are successful and we find the levels of support needed to move forward to the ballot, we will work with the city to prepare the measures for the ballot and bring it to the City Council for approval. Once the Council has voted to place the measures on the ballot, a community -driven campaign must be formed and privately financed to advocate for the passage of the ballot measures. Timing Considerations TRAMUTOLA THE DISCIPLINE OF WINNING Page 3 The timing of these efforts needs to be calibrated to the election date when you wish for your measures to appear on the ballot. Whether you wish for these measures to appear on the November 2009 municipal election ballot, the June 2010 gubernatorial primary election ballot or the November 2010 gubernatorial general election ballot, the public education process leading up to these elections will look similar. We estimate that at least three months will be needed to prepare and execute the public information effort described above. An additional two months will be needed to conduct a follow up community survey and prepare the measures for the ballot. Accordingly, below is a summary of the various timelines required for the available 2009 and 2010 election dates. Assuming we are moving forward with the soonest possible election date, the following timeline will be required to prepare and qualify for the November 2009 election: May 1-22 — Prepare direct mail and direct voter contact materials/recruit and train voter contact participants. May 25 -June 30 — Implementation of direct mail campaign and direct voter contact by firefighters, police officers and other staff/volunteers. July 1-10 — First draft of ballot measure prepared, including ballot questions, bond amounts and tax rates to be tested in polling July 10-17 — Poll conducted July 20-31— Poll results analyzed/final go -no go decision madelballot measure refined and finalized August 3 — Council votes to place measure on the ballot at last council meeting before August 7 deadline to qualify for the November 2009 ballot Recommendations We recommend moving forward on a timeline that would keep the November 2009 election on the table as a viable option. We believe that the keys to growing support for these measures are educating the electorate about the need for improved facilities and preparing a scaled down package of two measures to address the public safety facilities and the library respectively. This approach simply preserves the greatest number of options. If in our subsequent polling on this issue we find that support is insufficient to move forward, we can always fallback to an election in 2010. However, if we TRAMUTOLA 1'IIt DISCII'LINI. OF WINNING Page November 2009 Election June 2010 Election November 2010 Election Voter Information April 2009 — June 2009 November 2009 — April 2010 — June 2010 and Outreach January 2010 Public Opinion July 2009 February 2010 July, 2010 Survey Qualify for the August 2009 March 2010 August, 2010 ballot and transition to campaign Assuming we are moving forward with the soonest possible election date, the following timeline will be required to prepare and qualify for the November 2009 election: May 1-22 — Prepare direct mail and direct voter contact materials/recruit and train voter contact participants. May 25 -June 30 — Implementation of direct mail campaign and direct voter contact by firefighters, police officers and other staff/volunteers. July 1-10 — First draft of ballot measure prepared, including ballot questions, bond amounts and tax rates to be tested in polling July 10-17 — Poll conducted July 20-31— Poll results analyzed/final go -no go decision madelballot measure refined and finalized August 3 — Council votes to place measure on the ballot at last council meeting before August 7 deadline to qualify for the November 2009 ballot Recommendations We recommend moving forward on a timeline that would keep the November 2009 election on the table as a viable option. We believe that the keys to growing support for these measures are educating the electorate about the need for improved facilities and preparing a scaled down package of two measures to address the public safety facilities and the library respectively. This approach simply preserves the greatest number of options. If in our subsequent polling on this issue we find that support is insufficient to move forward, we can always fallback to an election in 2010. However, if we TRAMUTOLA 1'IIt DISCII'LINI. OF WINNING Page let the November 2009 option pass us by, we will never get that opportunity back. If we engage in an aggressive education and outreach effort and find (for whatever reason) that November 2009 is not the right time to go to the ballot, our efforts will not be for nothing. These efforts will have established a level of awareness that can be built upon when the time is right to hold this election. Budget and Fees Whether we go to the ballot in 2009 or 2010, the timeline and costs remain the same. TRAMAUTOLA charges a fixed monthly consulting fee of $7,500 per month. We estimate that approximately four months of work will be required to get to the ballot. The fee will be the same if those months are applied now, later this year or next year. Godbe Research has estimated the costs of the feasibility survey to be between $20,150-$24,525, depending on the length of the final questionnaire and the sample size (n=300 vs. n=400). We have already captured the photos and video needed for the public information and outreach effort. The only other project costs would be for graphic design, printing and postage. We estimate that a citywide mailing will cost approximately $13,000 each. To produce 3 to 4 mailings and the other materials, we estimate a total budget of between $30,000-$40,000 for materials for the outreach effort. Again, these project cost estimates apply whether we follow any of the three timelines outlined in this memo. TRAMUTOLA r1iL DIsCIPLINL 012 WINNING Page AGREEMENT FOR FACILITIES BOND MEASURE SURVEY WITH GODBE RESEARCH This Agreement is made and entered into this 4th day of May. 2009, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Godbe Research (hereinafter "CONTRACTOR"). 1. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Ken Nordhoff, is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Bryan Godbe is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason; the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR CONTRACTOR shall perform the portion of the duties and/or provide services identified as the Facilities Bond Measure Survey as described in Exhibit "A_" attached and incorporated herein. 3. DUTIES OF CITY CITY shall cooperate with CONTRACTOR in its performance under this agreement and shall compensate CONTRACTOR as provided herein. 4. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as provided in Exhibit "A", in an amount NOT to exceed $23,090, including the cost of local business license taxes as described in Section 20. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT The term of this Agreement shall commence upon the date of execution of this agreement and shall end on December 31, 2009. 6. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty (30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents described in paragraph 7 below, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents directly related to CONTRACTOR'S performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. Oil 10. INSURANCE A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees and volunteers as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees and volunteers as additional insureds under the policies; 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of 3 placement coinciding with the effective date of this Agreement; 8. PROJECT MANAGER and the City Attorney shall approve the insurance as to form and sufficiency. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. 11. INDEMNIFICATION CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. 12. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. J 15. NOTICES All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Mr. Ken Nordhoff, City Manager City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael CA 94915-1560 TO CONTRACTOR: Bryan Godbe Godbe Research 1660 South Amphlett Boulevard, Suite 205 San Mateo, CA 94402 16. INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall actin the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. 5 E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CONTRACTOR's taxpayer identification number is 94-3388272 and CONTRACTOR certifies under penalty of perjury that said taxpayer identification number is correct. The laws of the State of California shall govern this Agreement. N. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL M City Manager Name: Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR WACity Managers- WorkFile\Agreements & Contracts\09\Godbe Educ Phase 2.doc 7 Exhibit "A" .t GOOBE RESEARCH 6a"o 10jhi April 27, 2009 Mr. Ken Nordhoff City Manager City of San Rafael 1400 Fifth Street San Rafael, CA 94901-1943 Mr. Nordhoff, Godbe Research is pleased to be working with the City of San Rafael (San Rafael) on this survey of San Rafael voters to assess the feasibility of placing a City facilities bond measure on an upcoming ballot, ideally between November 2009 and November 2010. This letter and the attached project costs will serve as an agreement for the services specified below: 1. In-person meetings and conference calls as needed with San Rafael to discuss the research objectives for the study, questionnaire design, and related topics. 2. Drafting, refining, and pre -testing a survey instrument of approximately 15 to 18 -minutes in length to accomplish the goals of the bond measure feasibility study. 3. Purchasing a listed sample of voters in San Rafael and creating a stratified and clustered sample of voters likely to vote in the elections of interest (e.g. November 2009 to November 2010). 4. CAT[ programming the survey instrument for efficient data collection. 5. Conducting interviews with 300 (n=300) to 400 (n=400) total San Rafael voters. 6. Processing the data collected from the voter interviews according to strict quality control standards, as well as meeting with San Rafael to review the topline report of initial findings a few days after the survey has finished fielding. 7. Producing a written report of findings, with complete crosstabulations, and preparing an in- person presentation of findings for San Rafael. 8. On-going post project consulting with San Rafael and any consultants working for the City regarding the survey results and recommendations through the bond process/election day. Payment for 100% of hard costs (sample, pretest, CATI programming, telephone interviewing), as well as 50% of the research, project management, and miscellaneous fees will be billed upon initiation of services, and are due upon prior to fielding the survey (but not before July 1, 2009). The remaining project fees will be billed upon commencement of data collection and will be due upon submittal of the project report to the San Rafael. Sincerely: Agreed and Accepted By: Ms. Leslie Godbe Mr. Ken Nordhoff CEO City Manager Godbe Research City of San Rafael Date Date Godbe Research: 1660 South Amphlett Blvd., Suite 205, San Mateo, CA 94402 T:650.288.3020 F: 650.288,3003 uvwcr,nndberaseard�.rpm GOUB[ RCSCARCH Gain Insight PROJECT COSTS The following costs are associated with conducting a 15 to 18 -minute survey of 300 (n=300) to 400 (n=400) total San Rafael voters to assess the feasibility of a bond measure for upcoming election cycles, starting in November 2009. The fees outlined below are firm and fixed, and will not change provided that the scope of work for this project conforms to this agreement and the Tramutola memo/proposal submitted to San Rafael dated March 27, 2009 that contained Godbe Research polling fees. The City will only be billed for the final time -tested survey length and fina parameters change, we will be happy to provide San Rafael amended costs prior to proceeding. Survey of 300 (n=300) San Rafael Voters Proiect Task 15 -min. 18 -min. Listed Voter Sample $850.00 $1,150.00 $850.00 $990.00 CAT[ Programming $990.00 $350.00 $1,190.00 Telephone Interviewing Survey Pretest $350.00 Data Processing $350.00 $890.00 Telephone Interviewing $7,710.00 $7,000.00 $8,070.00 $1,500.00 Data Processing $700.00 $250.00 $820.00 Total Research Fee $7,000.00 Agreed: $7,000.00 Agreed and Accepted By: Project Management $1,500.00 Mr. Ken Nordhoff $1,500.00 Miscellaneous Expenses $250.00 $250.00 Total $19,350.00 $20,030.00 Survey of 400 (n=400) San Rafael Voters Project Task 15 -min. 18 -min. Listed Voter Sample $1,150.00 $1,150.00 CAT[ Programming $990.00 $1,190.00 Survey Pretest $350.00 $350.00 Telephone Interviewing $10,280.00 $10,760.00 Data Processing $770.00 $890.00 Research Fee $7,000.00 $7,000.00 Project Management $1,500.00 $1,500.00 Miscellaneous Expenses $250.00 $250.00 Total $22,290.00 $23,090.00 Agreed: Agreed and Accepted By: Ms. Leslie Godbe Mr. Ken Nordhoff CEO City Manager Godbe Research City of San Rafael Date Date