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HomeMy WebLinkAboutStaff Report 3380 City of Palo Alto (ID # 3380) City Council Staff Report Report Type: Consent Calendar Meeting Date: 12/17/2012 City of Palo Alto Page 1 Summary Title: Opinion Research for Potential 2014 Infrastructure Finance Measure Title: Adoption of a Budget Amendment Ordinance and Approval of a Contract with Fairbank, Maslin, Maullin, Metz and Associates in a Total Amount Not to Exceed $90,000 for Public Opinion Research Services Related to a Potential 2014 Infrastructure Finance Measure From: City Manager Lead Department: City Manager Recommendation Staff recommends: 1. City Council authorize the City Manager or his designee to execute the attached contract between the City and Fairbank, Maslin, Maullin, Metz and Associates for a two year period through November 2014 with the option to renew for up to two additional one year terms for a total amount not to exceed $90,000 for the term of the contract. 2. City Council approval of the attached Budget Amendment Ordinance in the amount of $90,000 to fund the contract. Background On September 18, 2012, the City Council approved a comprehensive plan and schedule for evaluating a potential infrastructure finance measure on California’s November 2014General Election ballot. As a part of this plan, the City is seeking the services of a City of Palo Alto Page 2 professional polling firm that can prepare and conduct a series of community opinion polls/assessments over the next two years to identify: 1. Level of support for infrastructure projects and improvements 2. Specific projects and improvements that are community priorities 3. Type of funding mechanism the community is willing to support 4. Level of tax threshold the community is willing to support 5. Optimal election timing 6. Effective themes/messages 7. Potential issues The research will be used to inform the City Council and the community regarding current sentiment towards the City’s infrastructure, to help evaluate the feasibility of passing a funding measure in November 2014, and to help shape successful themes for public communication and education about the City’s infrastructure. Discussion The City released a request for proposals (RFP) for public opinion research in August 2012. Six firms submitted proposals ranging from $85,000 to $155,000. 1. EMC Research 2. Fairbank, Maslin, Maullin, Metz and Associates 3. Hill Research Consultants 4. Lincoln Parks 5. Moore Information 6. Public Opinion Strategies An evaluation committee comprised of staff from Administrative Services, City Manager’s Office, Public Works and a member of the former Infrastructure Blue Ribbon Commission evaluated each firm's submittal in response to the RFP relative to the following criteria: City of Palo Alto Page 3 1. Strategic direction and overall design of the research proposed 2. Quality and completeness of proposals 3. Cost and business value to City 4. Experience and track record with similar projects The following firms were selected for oral presentations: 1. EMC Research 2. Fairbank, Maslin, Maullin, Metz and Associates 3. Hill Research Consultants Upon staff’s evaluation of the proposals and oral interviews, Fairbank, Maslin, Maullin, Metz and Associates (FM3) was selected as the recommended firm. FM3 has extensive knowledge in public opinion research and a proven track record providing services to public agencies that have had successful ballot measures. FM3 conducted the opinion research for the City’s successful Library bond measure in 2008 and has worked with numerous public agencies in California. Timeline FM3 is providing a four-phased approach to the opinion research with results of each phase informing whether to proceed with the next phase, at the City’s discretion. The initial feasibility survey will be conducted in the spring of 2013, followed by focus groups in the summer, a potential refinement survey in the fall, and a final tracking survey in early 2014 to inform the Council’s final decision whether to proceed with a revenue measure in November 2014. Resource Impact The amount of the contract with FM3 is $90,000 and staff recommends a transfer from the Budget Stabilization Reserve via a Budget Amendment Ordinance to the City Manager’s operating budget. Attachments:  Attachment A: Fairbanks Agreement 12-11-2012 (PDF)  Attachment B: CMO Polling BAO (DOCX) CITY OF PALO ALTO CONTRACT NO. C13147584 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND FAIRBANK, MASLIN, MAULIN, MET'" AND ASSOCIATES, INC FOR PROFESSIONAL SERVICES This Agreement is entered into on this 6th day of December, 2012, ("Agreement") by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and FAIRBANK, MASLIN, MAULIN, METZ AND ASSOCIATES, INC a California Corporation, located at 2425 Colorado Avenue, Suite 180, Santa Monica, CA 90404, Telephone: (310) 826-1183 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to conduct some community opinion and research polls ("Project") and desires to engage a consultant to conduct the polling and research in connection with the Project ("Services"). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit "A", attached to and made a part of this Agreement. NOW, THEREFORE, in consideration ofthe recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit "A" in accordance with the terms and conditions contained in this Agreement. SECTION 2. TERM. The term of this Agreement shall be from December 6, 2012 through November 14, 2014 unless terminated earlier pursuant to Section 19 ofthis Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. The CITY retains the option to renew for up to two additional one year terms. SECTION 3. SCHEDULE OF PERFORMANCE. Time is ofthe essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit "8", attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and Professional Services Rev. June 2, 2010 timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault ofCONSOLTANT SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit "A", including both payment for professional services and reimbursable expenses, shall not exceed Ninety Thousand Dollars ($90,000.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Ninety Thousand Dollars ($90,000.00). The applicable rates and schedule of payment are set out in Exhibit "C-l", entitled "HOURLY . RATE SCHEDULE," which is attached to and made a part ofthis Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit "C". CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit "A". SECTION 5. INVOICES In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT's billing rates (set forth in Exhibit "C-l "). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the CITY's project manager at the address specified in Section 13 below. The CITY will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. OUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, ifpermitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. 2 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambig11itjes jn the work prodllct SJlbmitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (I 0%) of the CITY's stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experLence of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written consent of the CITY manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the CITY manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the CITY manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the CITY manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Dave Metz, Partner, Email: Dave@FM3research.com, Telephone: (510) 451-9521 as the Director to have supervisory responsibility for the performance, progress, and execution of the Services and Shakari Byerly, Vice President, Email: Shakari@FM3research.com as the Project Manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement 3 Professional Services Rev. June 2, 2010 S:\ASO\PURCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc personnel will be subject to the prior written approval of the CITY's project manager. CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds do not perrow the Services jn an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The CITY's project manager is Sheila Tucker, Sheila Tucker, Assistant to CITY Manager, Office of the CITY Manager, 250 Hamilton Avenue, Palo Alto, CA 94303, Telephone: (650) 329-2452, Email: sheila.tucker@CITYofpaloalto.org. The project manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor ofthe CITY. Neither CONSULTANT nor its contractors, ifany, shall make any of such materials available to any individual or organization without the prior written approval of the CITY Manager or designee. CONSULTANT makes no representation ofthe suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT's records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. 3 Professional Services Rev, June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENTBUYER-CM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147S84 W-Fairbank Maslin Maullin FINAL.doc SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision ofthis Agreement, or ofthe provisions of any ordinance or law, will not be deemed to be a waiver OraDY other tenn, cQvenant, condition, provisions, ordinance or law, Of of any subsequent breach or violation of the same or of any other tenn, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term ofthis Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subjectto the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The CITY Manager may suspend the perfonnance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. 5 Professional Services Rev. June 2, 2010 S;IASDIPURCH\SOLlCITA TJONS\CURRENT BUYER·CM FOLDERS\OTHERS· ADRlAN\RFPs\RFP147584 Poll;ng s,,,,;ces\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the CITY Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSIJLTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSUL TANTwill be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's services which are of direct and immediate benefit to CITY as such determination may be made by the CITY Manager acting in the reasonable exercise ofhislher discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16,19.4,20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. 6 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the CITY Clerk CITY of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2 . CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that term is defined by the Regulations ofthe Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENT ALL Y PREFERRED PURCHASING AND ZERO WASTE REOUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at the CITY's Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the CITY's Zero Waste Program. Zero 7 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147S84 W-Fairbank Maslin Maullin FINAL.doc Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste req'ljrements' • All printed materials provided by Consultant to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of30% or greater post-consumer content paper, unless otherwise approved by the CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of30% or greater post-consumer material and printed with vegetable based inks. • Goods purchased by Consultant on behalf of the CITY shall be purchased in accordance with the CITY's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office. • Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the CITY, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24. I. This Agreement is subject to the fiscal provisions ofthe Charter of the CITY of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply 8 Professional Services Rev. June 2, 2010 S:IASDIPURCHISOLICITATIONSICURRENT BUYER·CM FOLDERSIOTHERS . ADRIANlRFPsIRFPI47584 Polling ServicesIRFPI47584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. Ifa court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part ofthis Agreement. 25.8 If, pursuant to this contract with CONSULTANT, CITY shares with CONSULTANT personal information as defined in California Civil Code section l798.81.5(d) about a California resident ("Personal Information"), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform CITY immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without CITY's express written consent. /I /I /I /I /I /I /I /I /I I I II 9 Professional Services Rev. June 2, 2010 S:IASDlPURCH\SOLlCITATIONSICURRENT BUYER-eM FOLDERSIOTHERS -ADRIANIRFPsIRFPI47584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL-doc 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO FAIRBANK, MASLIN, MAULIN, METZ AND ASSOCIATES, INC CITY Manager By: __ (N~----,-'-\ -:-K-:7~fh=. __ _ Name:_7.-(),:,-IfV:.c:.ct:O-'!f)"'~L.M,--,.'-7--___ ~ Title:_---'~L.:t:"-'i''''':)_.11)''___=__G /V'-'--'-( __ _ APPROVED AS TO FORM: Senior Asst. CITY Attorney Attachments: EXHIBIT "A": EXHIBIT "B": EXHIBIT "C": EXHIBIT "C-1 ": EXHIBIT "D": SCOPE OF WORK SCHEDULE OF PERFORMANCE COMPENSATION SCHEDULE OF RATES INSURANCE REQUIREMENTS 10 Professional Services Rev. June 2, 2010 S:IASDIPURCII\SOLICITATIONSICURRENT BUYER-CM FOLDERSIOTHERS • ADRIANlRFPsIRFPI47584 Polling ServicesIRFPI47584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc EXHIBIT "A" SCOPE OF SERVICES The primary work* product will be a series of community opinion polls relating to a possible bond or other revenue measure for infrastructure projects and improvements. Other work products will most likely include the following, as deemed necessary by the CITY and the CONSULTANT: I) Consultation with City staff, and possibly City Council members and members of the community, on the design of the questionnaire. 2) Telephone interview polls conducted using generally-accepted polling practices. 3) Focus groups conducted using generally-accepted qualitative research practices. 4) Preparation of a variety of statistical tables and analyses. 5) Preparation of draft and final reports of the data with key findings. Reports will include visual presentation, executive summary, written report, and strategic analysis. 6) Meet with and present to City representatives, City Council, members of the community and others as needed to review results and discuss findings. This could include attendance and presentation at Council Committee and Council meetings. 7) Overview of current polling practices and uses for City staff members. 8) Any other tools or processes that would be useful in understanding current community opinions. *CONSUL TANTS -Staff from your firm assigned to this project shall be present during the interviews and should be the same individuals assigned to work on this project from beginning to end. PHASE 1: FEASIBILITY SURVEY Questionnaire Design: CONSULTANT recommends that the CITY begin with a feasibility survey of 600 local voters that would take the average respondent approximately 20 minutes to complete. A sample size of 600 interviews is consistent with prior polling conducted on behalf of the CITY and is associated with a margin of error of +/-4.0 percent at the 95 percent confidence level. Interviews will be conducted with a sample of voters representative of the general population of Palo Alto voters, including voters that fall within the demographic of "cell-phone" only households. The survey questionnaire development process will begin with an initial kickoff meeting between CONSULTANT and CITY staff, and any other partners who will be involved in the project. The meeting will provide a comprehensive discussion about major issues regarding the CITY, its public safety and infrastructure needs, and any other issues that should be explored in the survey. After the initial meeting, CONSULTANT will draft the questionnaire, maintaining close phone and e-mail contact with the CITY to follow up on issues discussed during the kickoff meeting. CONSULTANT will present a first draft of the survey questionnaire for review and comment by CITY staff. After collecting feedback, we will revise and refine the survey questionnaire. We foresee proceeding through several drafts of the survey, incorporating feedback before each revision, to arrive at a final questionnaire that obtains the information desired. 11 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFPI47584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc Before commencing interviewing, CONSUL TANTwill secure the approval of the appropriate CITY representative on the final version of the questionnaire. Pre-Testing: Once approved for fielding, the questionnaire will be pre-tested with a sufficient number of respondents to assure ease of administration and flow. Such testing will also verify the length of the questionnaire and the survey questions' clarity and comprehensibility. The results of the pre-test will be reviewed with the client in order to determine if any adjustments need to be made before interviewing proceeds. Interviewing: CONSULTANT has well-established procedures to supervise the interviewing process and to verify that interviews were conducted according to specifications. The day after interviewing has been completed CONSULTANT will e-mail the CITY "top line" results of the survey. These results will present the overall percentage of respondents that chose each answer to each ofthe survey's questions. Deliverables: Upon conclusion of the survey project, the CITY will have received from CONSULTANT all of the documents listed below. All documents can be provided in hard-copy and electronic form, depending on the client's preference: .(' Final survey qnestionnaire .(' Topline survey results (the survey questionnaire with response percentages for each response code) .(' Cross-tabulated results (responses to all survey questions segmented by demographic, geographic, attitudinal and behavioral subgroups of the population) .(' Comprehensive written report (a written summary and analysis of the survey's results­ including tables and graphs -with an executive summary, conclusions and strategic recommendations) .(' In-person PowerPoint presentation of key findings (color slides highlighting important findings and conclusions) .(' Raw data from the survey in electronic form (delivered in a file format chosen by the CITY) PHASE 2: Focus GROUPS If the first phase of research indicates that a finance measure( s) to support infrastructure improvements is feasible, CONSULTANT will proceed with a second phase of research, at the CITY's discretion, which will potentially include a set of two focus groups. Should the CITY provide approval to conduct focus groups, the demographics of the groups would be determined by the results of the feasibility survey, and would be targeted to segments of the 12 Professional Services Rev. June 2, 2010 S;\ASD\PURCH\SOLICITATIONS\CURRENT BUYER"CM FOLDERS\OTHERS" ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\Cl 3147584 W-Fairbank Maslin Maullin FINAL.doc electorate that are not firmly for or against the proposed ballot measure(s). Focus Group Discussion Guide Design: CONSIILTANT will draft the discussion gllide based upon the analysis of the feasibility poll in consultation with the CITY. CONSULTANT will then present a first draft ofthe discussion guide to the CITY for review and comment. After collecting feedback from staff, CONSULTANT will revise and refine the discussion guide. Before the groups are conducted, CONSUL TANTwill obtain the approval ofthe appropriate CITY representative for the final version of the discussion guide. Implementation: CONSULTANT proposes that the focus groups be conducted on a weekday evenings; such evenings are generally the time at which the widest possible spectrum of participants are available to join a discussion. Each focus group will consist ofa two-hour moderated discussion with a carefully-selected group of ten to twelve local voters. The groups would be held at a dedicated focus group facility in the South Bay, and CITY staff would be welcome to attend and observe the groups live on-site from an observation room through a one-way mirror. The groups would be video-and audio-taped, and verbatim transcripts will be provided. Upon completion of the focus groups, CONSULTANT staff would debrief the observers about the results of the sessions. Reports and Presentations: Results of the focus groups can be presented both in-person and in writing. The written report would present key data in tabular and graphic form, and will include key selected quotes from focus group participants. CONSULTANT can also make a detailed PowerPoint presentation of the focus group results -integrated with survey data -to the project team. Deliverables: In summary, upon conclusion of the focus groups, the project team would have received from CONSULTANT all of the deliverables listed below. ,{ Final focus group moderator's guide ,{ Verbatim written transcripts offocus group discussions ,{ Comprehensive written and/or graphic report of results (a written summary and analysis of the focus groups, with conclusions and recommendations) ,( Video and audio recordings of the focus groups PHASE 3: REFINEMENT SURVEY If the second phase of research continues to indicate that a finance measure(s) to support infrastructure improvements is feasible, CONSULT ANT will proceed with a third phase ofresearch, at the CITY's discretion, which will a survey of 600 likely voters, 15-20 minutes in length, to refine the ballot measure proposal(s) based on information gather in the first and second research phases. The research process for the refinement survey will follow the same process used in the development 13 Professional Services Rev. June 2, 20JO S:\ASD\PURCH\SOLICIT A TIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc of the feasibility survey. Should the CITY provide approval to conduct this phase of research the content of the survey will reflect the key findings of the feasibility survey and the focus groups. PHASE 4: TRACKING SURVEY Should the prior research show sufficient public support to move forward with one or more ballot measures, CONSULTANT recommends conducting a short tracking survey of 400 local voters, no more than 10 minutes in length, before the CITY makes a final decision to place a measure on the ballot. The tracking survey would offer an opportunity to detect any critical changes in public opinion since the time of the baseline and refinement surveys, and would verify that public support for the proposed measure is sufficiently strong to allow a reasonable chance of approval. 14 Professional Services Rev. June 2, 2010 S\ASDIPURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS -ADRIAN\RFPs\RFPI47584 Polling Services\RFP147584 Contract\C13147584 W·Fairbank Maslin Maullin FINAL.doc EXHIBIT "B" SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each Task in a timely manner, "so long as all work is completed within the term of the Agreement". CONSULTANT shall provide a detailed schedule of work consistent with the schedule agreed upon by both CONSULTANT and Project Manager. Preliminary Project Timeline Phase 1 Feasibility Survey Week 1 • Authorization to proceed; kick-off meeting • Review and finalize scope of work • Hold project kick-off meeting with client; interview senior staff and key stakeholders, such as Council members who will be providing input into the design of the survey questionnaire • Review past survey materials and relevant CITY documents • Finalize survey methodology and sampling plan • Develop questions for the survey Week 2 • Circulate initial survey draft for CITY review and comment Week 3-4 • Finalize survey draft • Acquire the survey sample • Pre-test survey WeekS • Present results of the pre-test and any recommended modifications to sampling specifications or questionnaire • Conduct feasibility survey Week 6 • Produce top line survey results of resident survey • Produce survey cross-tabulation reports IS Professional Services Rev. June 2, 2010 S:IASDIPURCHISOLICITATIONSICURRENT BUYER-CM FOLDERSIOTHERS -ADRIANIRFPsIRFPI47584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc Week 7-8 • Prepare preliminary reports of findings and recommendations Week 9-10 • Present final report and graphic presentation of results to the CITY and key stakeholders Phase 2 Focus Groups Week 1 • Authorization to proceed • Initial call to discuss parameters of the research in light of feasibility study findings • Finalize recruitment plan • Develop draft recruitment screeners Week 2 • Circulate initial focus group moderator's guide Week 3-4 • Finalize moderator's guide • Complete focus group recruitment WeekS • Conduct focus groups Week 6-7 • Transcripts and DVD recordings available Week 8 • Provide report of key findings and recommendations to the CITY The work plans for Phases 3 and 4 of the research will follow a course similar to that of Phase I. 16 Professional Services Rev. June 2, 2010 S:IASDIPURCHlSOLICITATIONSICURRENT BuvER-eM FOLDERSIOTHERS -ADRIANlRFPsIRFPI47584 Polling ServicesIRFPI47584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc EXHIBIT "C" COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services perfonned in accordance with the tenns and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-J up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit "A" ("Basic Services") and reimbursable expenses shall not exceed $90,000.00. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $90,000.00. Any work perfonned or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perfonn the tasks and categories of work as outlined and budgeted below. The CITY's project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $90,000.00 and the total compensation for Additional Services does not exceed $90,000.00. BUDGET SCHEDULE Task I (Feasibility Survey) Task 2 (Focus Groups) Task 3 (Refinement Survey) Task 4 (Tracking Survey) Sub-total Basic Services Reimbursable Expenses Total Basic Services and Reimbursable expenses Additional Services (Not to Exceed) Maximum Total Compensation 14 NOT TO EXCEED AMOUNT $28,250.00 $18,000.00 $26,250.00 $16,500.00 $89,000.00 $1,000.00 $90,000.00 $0.00 $90,000.00 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER~CM FOLDERS\OTHERS ~ ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W~Fairbank Maslin Maullin FINAL.doc REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the CITY of Palo Alto's policy for reimbursement of travel and meal expenses for CITY of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $500.00 shall be approved in advance by the CITY's project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT's proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-l. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: 15 Professional Services Rev. June 2, 2010 S\ASDlPURCII\SOLlCITATIONS\CURRENT BUYER·CM FOLDERS\OTHERS . ADRIAN\RFP,\RFPI47584 Polling Servic,,\RFPI47584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc EXHIBIT "C-l" HOURLY RATE SCHEDULE TITLE/POSITION HOURLY RATE Senior Vice President Dave Metz $150.00 Vice President Shakari Byerly $120.00 Vice-President Renato Villacorte $120.00 Research Assistant Greg Lewis $100.00 18 Professional Services Rev June 2, 2010 S:\ASD\PURCH\SOLICITA TIONS\CURRENT BUYER-eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maul\in FINAL.doc EXHIBIT "D" INSURANCE REQUIREMENTS CON I RAe 1 OkS 1 0 1 HE ell y OF PALO At I 0 leI I r }, A 1 I HEIR SOLE EXPENSE, SHALL FOR 1 HE 1 ERNI OF I HE CON 1 RAe"1 -------­ OBTArN AND MAINTAIN INSURANCE rN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-: VII, OR IDGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA, A WARD IS CONTrNOENT ON COMPLIANCE WITH CITY'S rNSURANCE REOUIREMENTS, AS SPECIFIED, BELOW: MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH YES YES YES YES NO YES OCCURRENCE AGGREGATE WORKER'S COMPENSATION STATUTORY EMPLOYER'S LIABILITY STATUTORY BODILY rNJUR Y $1,000,000 $1,000,000 GENERAL LIABILITY, INCLUDrNG PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000 LIABILITY COMBINED. BODILY rNJURY $1,000,000 $1,000,000 -EACH PERSON $1,000,000 $1,000,000 -EACH OCCURRENCE $1,000,000 $1,000,000 AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000 BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED PROFESSIONAL LIABILITY, rNCLUDrNG, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, rN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE rNSURANCE COVERAGE HERErN DESCRIBED, rNSURING NOTONL Y CONTRACTOR AND ITS SUBCONSUL T ANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL rNSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES, L INSURANCE COVERAGE MUST INCLUDE: A, A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY, C, DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR APPROVAL. II, CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS" A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF TIlE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRlED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS, B. CROSS LIABILITY 19 Professional Services Rev June 2, 2010 S:IASDIPURCH\SOLICITATIONSICURRENT BUYER-CM FOLDERSIOTHERS -ADRlAN\RFPsIRFPI47584 Po1iing Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maullin FINAL.doc THE NAMING OF MORE TIlAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT TIllS ENDOR5EMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHAI I NQTlNCRFASF THE TOTAl I lAB" lTV OF THE COMPANY UNDER TIllS POLICY. C. NOTICE OF CANCELLATION I. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON·PA YMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TIllRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON·PA YMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 20 Professional Services Rev June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER·eM FOLDERS\OTHERS -ADRIAN\RFPs\RFP147584 Polling Services\RFP147584 Contract\C13147584 W-Fairbank Maslin Maull in FINAL.doc ORDINANCE NO. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2013 TO PROVIDE ADDITIONAL APPROPRIATION OF $90,000 FOR PUBLIC OPINION RESEARCH RELATED TO POTENTIAL INFRASRUCTURE FINANCING MEASURE The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 18, 2012 did adopt a budget for Fiscal Year 2013; and B. On September 18, 2012 the Council approved a comprehensive plan and schedule for evaluating a potential infrastructure financing measure on California’s 2014 General Election ballot; and C. The City of Palo Alto issued a Request for Proposals in August 2012, for public opinion research on the potential financing measure; and D. Following the formal solicitation process, the City of Palo Alto selected Fairbanks, Maslin, Maulin, Metz and Associates (FM3) to conduct a series of research on public opinion through early 2014; and E. Ninety Thousand Dollars ($90,000) is needed to execute the contract; and F. City Council authorization is needed to amend the Fiscal Year 2013 Operating Budget as hereinafter set forth. SECTION 2. The sum of Ninety Thousand Dollars ($90,000) is hereby appropriated to Other Contracts in the City Manager’s Department and the Budget Stabilization Reserve is correspondingly reduced. SECTION 3. The General Fund Budget Stabilization Reserve is hereby reduced by Ninety Thousand Dollars ($90,000) to Twenty Seven Million Two Hundred Seventy One Thousand Dollars ($27,271,000). SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 6. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary.