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HomeMy WebLinkAboutCM Revenue Measure Feasability ServicesCITY OF �I Agenda Item No: 5.a i� Meeting Date: February 19, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY MANAGER Prepared by: Nancy Mackie, City Manager . Yx,. SUBJECT: Resolutions Authorizing the City Manager to Execute Professional Services Agreements with TBWB for $70,000 and Godbe Research for $22,510 for Revenue Measure Feasibility Services and Polling RECOMMENDATION: Adopt Resolutions. BACKGROUND: The voters of San Rafael passed Measure S in 2005 which added a'/2 cent Transaction and Use Tax ("TUT", commonly referred to as 1/2 cent sales tax") to all retail sales. This new tax has secured important public services in the City by generating $6.5 million in additional revenue, out of a total General Fund budget of approximately $58 million. It is projected to increase to $7 million in revenue by the time the tax expires in 2016. To continue the tax without interruption, the San Rafael voters must approve it on the ballot in either 2013 or 2015, in election years that correspond to City Council elections. A citizen oversight committee has reviewed the City's spending to date, and has provided a report to the City Council each year confirming proper use of these tax funds. Funds from this tax provide significant funding for Police, Fire, Public Works, Library and other city services considered "baseline" by any form of measurement. The importance of financial stability for the City, in the short and long term, cannot be overstated. Revenue sources must be identified and secured in a manner to allow proper planning for the years ahead. It is time to realistically explore revenue enhancement options, specifically whether to extend the life of this '/2 cent sales tax beyond its 2016 expiration and/or possibly increase it. Strong consideration should be given to evaluate this for the November 2013 ballot, to allow financial planning in the three to five year horizon, with known sources of revenues. In the 2013 Citizen Satisfaction Survey, some questions were imbedded about the voter's willingness to consider such tax options and the results look promising enough to recommend further work on this effort this year. To do so, staff recommends utilizing successful and qualified consultants as discussed below. ANALYSIS: A City Council decision whether to put a measure on the ballot would not take place until the conclusion of the proposed contracts, when information is available from the consultants and the pollster about the feasibility of the success of a measure. TBWB Strategies has subcontracted with PMCohen Public Affairs, to provide a proposed contract, shown as Attachment A. In very broad and general terms, Charles Heath of TBWB will provide the technical side of the work, assisting with educational materials and ballot language, and Paul Cohen of PMCohen, will consult regarding outreach to the business and the residential community of San Rafael. In summary, the scope of work includes a list of tasks that that they will team up to complete that will assist the City in public outreach and education regarding the financial need for this tax, its intended use, and evaluating its feasibility at the polls. FOR CITY CLERK ONLY File No.: ) - ,6 Council Meeting: ) t 9 1 l Disposition: /FESO Lit 710 IJ 1 / SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Godbe Research has performed Citizen Satisfaction surveys as well as a past tax measure feasibility survey for the City. Attachment B details the work involved in the proposed poll. Godbe will coordinate closely with TBWB and PM Cohen, as all these firms have worked together successfully in the past. The work would be completed from now through early summer, with the poll taking place in mid -late June. A City Council decision and resolution to move ahead with a ballot measure would be needed shortly thereafter, but no later than August 9th to be able to reach this year's November ballot. FISCAL IMPACT: The cost of the agreements for all tasks outlined in Attachment A and B is $92,510. Additional cost may be necessary for other professional services such as architectural and for staff overtime for education and outreach efforts, as well as other supplies. Funding for this effort may straddle fiscal years and the cost of the current scope is included in the current General Fund budget. ACTION REQUIRED: Adopt Resolutions ATTACHMENTS A: Agreement with TBWB B: Agreement with Godbe Research RESOLUTION NO. 13501 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $22,510 WITH GODBE RESEARCH TO CONDUCT A REVENUE MEASURE FEASIBILITY SURVEY OF VOTERS WHEREAS, the City of San Rafael desires a survey to determine the feasibility of a potential revenue measure; and WHEREAS, Godbe Research has the skills and experience to conduct such a survey. NOW, THEREFORE LET IT BE RESOLVED the City Council of the City of San Rafael hereby authorizes the City Manager to execute a professional services agreement in an amount not to exceed $22,510 with Godbe Research to conduct a revenue measure feasibility survey of voters, in a form to be approved by the City Attorney. 1, 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 Tuesday, the 19th day of February, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into thisl day of February, 2013, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and GODBE RESEARCH (hereinafter "CONTRACTOR"). RUCITALS.' WHEREAS, the City of San Rafael desires a survey to determine the feasibility of a potential revenue measure; and WHEREAS, Godbe Research has the skills and experience to conduct such a survey. K" a 01 NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Manager, Nancy Mackle 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 duties and/or provide services as described in Exhibit "I" attached and incorporated herein. 3. DUTIES OF CITY. CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as described in Exhibit "I" attached and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit "1" attached and incorporated herein. 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 be for (6) month(s) commencing on February 20, 2013 and ending on August 20, 2013. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may 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 and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial 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 10.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 City's Risk Manager, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named insureds under the policies. 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to City's Risk Manager. 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 8. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the City's Risk 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. A. Except as provided in Paragraph B., CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, 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. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its 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. 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: Nancy Mackle City Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 94915-1560 TO CONTRACTOR: Bryan Godbe Project Director Godbe Research 660 South Amphlett Blvd., Suite 205 San Mateo, CA 94402 17. 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. 18. 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. 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. 19. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, 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. 20. 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. 1, 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. I 22. 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. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL L t U0 L NANCY MAC E, City Manager ATTEST: , ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN,(City Attorney 7 Jic,c Name: Title: V 4k;L4– F i T— GODBE RESEARCH Gain Ins'lght, GODBE RESEARCH Corporate Office/Northern California 1660 South Amphlet Boulevard Suite 205 San Mateo, CA 94402 Southern California Office/Southwest 4695 MacAfthur Court 1 1t' Floor Newport Beach, CA 92660 Seattle Offigce/No,-thwest Avenue NE Suite 1900 i Bellevue. VVA 98004 Exhibit 1 CRY of Sar; f a ael PROJECT COSTS Godbe Research takes great pride in delivering reliable and practical research projects `on-time and on -budget'. In doing so, we prefer to provide a firm, fixed fee format for our polling projects. This is because we do not believe in assigning arbitrary hours and rarely do projects (even those with the same parameters) take the same amount of time or resources. We feel that it's most fair to both parties to price our polling project according to the two most important parameters in any survey; sample size and survey length. Based on our understanding of the research objectives and goals of the City of San Rafael for the voter polling, Godbe Research has provided cost options below. This includes options for a sample size of 400, at survey lengths of 15 to 18 -minutes. The costs below are firm and fixed as long as the project parameters conform to those outlined in this proposal. Should project parameters or San Rafael needs change, we will be happy to provide amended costs prior to proceeding. Telephone Survey of 400 (n=400) San Rafael Voters Project Task 15 -min. 18 -min. Listed Voter Sample $1,000.00 $1,000.00 CATI Programming $1,090.00 $1,270.00 Suney Pretest $150.00 $150.00 Telephone InteNewing $8,600.00 $10,040.00 Data Processing $850.00 $900.00 Research Fee $7,000.00 $7,000.00 Project Management $2,000.00 $2,000.00 Miscellaneous Expenses $150.00 $150.00 Project Total $20,840.00 $22,510.00 Frsoc'_al to ConoUf.t a Revenue Measure ; ea ib i y Surrey of Voters C4 of San Rafaei ➢ Processing and weighting the data to adjust for population distribution, as needed, and meeting with San Rafael shortly after the survey has finished fielding to review topline/aggregate survey results. This will help maximize our more detailed analysis and reporting to best meet the City's needs. Analyzing the survey results and preparing a comprehensive report of findings conclusions, and recommendations for the City of San Rafael, which directly addresses the research objectives outlined for the voter study. In addition to the main body of our report, our deliverables also contain the following value added modules to assist the City in making a decision in moving forward with a revenue measure that best represents the intersection of City needs and voter tolerance. These modules include sections on Feasibility Analysis, Ballot Question Working, Tax Threshold, Geographic Targeting, Election Timing, and Profile of Voters. ➢ Presenting the results and recommendations from the survey to City staff and administration, as well as the San Rafael City Council, and other stakeholder groups. ➢ Post polling consulting with San Rafael (and any other internal/external project stakeholders or consultants) on the survey results and recommendations from the survey throughout the revenue measure process and up through Election Day. Proocsa: to Conduct a Revenue Measure �eaSiNMY Sunve , of Voters City of San Rafael surveys. Based on our understanding of the City's needs, specific services for the survey of voters will include: ➢ A project kick-off meeting with San Rafael, as well as additional meetings and conference calls to discuss the research objectives of the study and other project tasks in detail. ➢ A review of San Rafael voter and resident demographics, polling and results on past ballot/revenue measures (both for the City and other agencies that also serve the City), and other data sources that will help to inform the questionnaire and sampling design for the polling study. ➢ Developing of a stratified and clustered sample of San Rafael voters likely to vote in the election cycles of interest, which includes November 2013. For reference, we have identified that there are a total of 27,638 voters in the City of San Rafael, of which 12,918 are expected to turnout for the November 2013 election cycle. ➢ Designing and refining a survey instrument of between 15 and 18 -minutes in length so that it addresses all of the research objectives of San Rafael for the revenue measure feasibility study. A 15 to 18 -minute survey balances the data needed of the feasibility study with the amount of time we can expect to keep a voter on the phone and engaged in the survey. ❖ While each of our revenue measure surveys is customized to a given client's specific needs; our survey design follows a specific and proven format. Accordingly, the survey will address topics such as: issues of importance to the community; a ranking of City provided services; a first unaided ballot test for the measure; tax threshold test using a reverse auction method; projects/programs to be funded or maintained by the measure; arguments `for' and `against' the measure; duration of the measure and any special features (e.g. citizen oversight, etc.); a second ballot test after relevant information has been presented, and finally; demographic questions for those not included in the voter file. Additional questions and topics will be refined between the City and Godbe Research. ➢ Pre -testing the survey instrument to ensure that the questions and response codes are understandable to respondents, and to ensure that the survey length coincides with the budgeted survey length for the project. CATI programming the survey instrument for efficient and accurate data collection. Training telephone interviewing personnel on the questionnaire and interviewing protocol through an intensive training session. To ensure callers have voice inflections resembling the communities in which they are calling, we only use live interviewers in the western United States. Conducting approximate 15 to 18 -minute telephone interviews with 400 (n=400) total San Rafael voters according to a strict interviewing protocol, and a split sampling design. A sample size of 400 interviews will provide for a maximum margin of error of no greater than +/-5% at the 95% confidence level. P,Oltosa. o Conduct a Re jenue Measure F e@sibiY Survey of Voters Godbe Research Page 2 City of San Rafaei PROJECT SCOPE OF WORK Godbe Research is a recognized leader in public opinion and voter research for cities, counties, park and recreation districts, school districts, and other California and western U.S. local government agencies. This includes the development and implementation of polling programs leading to more than 25 successful revenue and ballot measures for California cities and counties since the economic downturn of 2008. The firm believes that any project's success depends on recognizing the individual needs of each client. To this end, Godbe Research has crafted the following work plan for the City of San Rafael (San Rafael or City) to illustrate the types of considerations that go into each of our research projects. As part of the overall study, Godbe Research proposes to conduct a telephone survey of registered voters in the City of San Rafael, likely to vote in the election cycles of interest, to gauge support for a future potential revenue measure in the City. Research Objectives Before beginning any research project, Godbe Research spends significant time reviewing each client's specific and unique research objectives to choose the most appropriate research design. Based on our understanding of the project from discussions with the City, Godbe Research understands that San Rafael has several objectives, the most important of which include: ✓ evaluating overall perceptions on quality of life and other issues in the City of determining and ranking issues of importance to San Rafael voters; ✓ assessing spending priorities of voters in the City vis-a-vis the range of publically provided services in the community; ✓ determining baseline and informed support for a potential revenue among the San Rafael electorate; ✓ identifying the maximum tax threshold supported by the necessary percentage of City voters based on the revenue measure under consideration; ✓ examining the impact of various statements on voter support for the potential revenue measures (arguments `for' and `against' the measures), including duration; ✓ evaluating election cycles of interest, including November 2013, to recommend the most viable cycle based on voter support; ✓ identifying how best to package the most viable measure so that the necessary percentage of City voters would support that measure, and; ✓ collecting demographic information on voters in San Rafael not already contained in the voter file for profiling and segmentation purposes. Rroposed Scope of VVork Below, Godbe Research has crafted the following work plan for the City of San Rafael to illustrate the types of considerations that go into each of our voter polling projects. While each of our polling projects is customized to the unique needs of our clients, there is a proven process to conducting revenue measure feasibility and voter polling ;Propos . l o"`au i a "P' evenue Measure Peasibilay SurVey of Voters Goace Res=:a cr, Dacge GODBE RESEARCH Gain Insight Presented to the City of San Rafael February 1\ 2013