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14-079 Godbe Research for consultant services for the 2014 Community Tracking Survey OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223• FAX: (408)777-3366 WEBSITE:www.cupertino.crg CUPERTINO May 13, 2014 GODBE RESEARCH 1660 South Amphlett Blvd. Suite 205 San Mateo, CA 94402 Re: Agreement for consulting services Enclosed is a fully executed copy of your agreement with the City of Cupertino. Please sign and return in the envelope provided. If you have any questions or need additional information, please contact the Communications Department at(408) 777-3264. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Communications ..o AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GODBE RESEARCH FOR CONSULTANT SERVICES FOR THE 2014 COMMUNITY TRACKING SURVEY THIS AGREEMENT, for reference dated May 5, 2014, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Godbe Research, a sole proprietor whose address is 1.660 South Amphlett Boulevard, Suite 205, San Mateo CA 94402 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. Specifically, City's research objectives which include, but are not limited to: - evaluating overall resident/voter perception of living in Cupertino; - gauging resident satisfaction with th(-, City's performance in providing services and programs; - gathering feedback on local issues and services, including parks &recreation, transportation choices, sustainability, economic development&housing, crime, ethnic diversity, library hours, and information sources; - identifying any differences in attitudes and behavior due to demographic and/or behavioral characteristics among residents/voters, and -additional research objectives to be refried by the City of Cupertino and Godbe Research; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the seiwices described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to triter into an agreement for a community survey upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on May 5, 2014, and shall terminate on September 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the City Management-Department of Public Affairs fund, 110-3300-7014. Payment will be made by the City in the following manner: The City will pay the total amount of the agreement upon completion of the work described in Exhibit"A 4. TIME IS OF THE ESSENCE:. Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other Federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or i sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD'HARMLESS: Indemnification: Consultant shall indemnify, defend, and hold harmless City, its City Council, boards, commissions, officials, employees, and volunteers ("Indemnitees") from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees ("Claims"), arising from or in any manner connected to Consultant's negligent act or omission, whether alleged or actual, regarding performance of services or work conducted or performed pursuant to this Agreement. If Claims are filed against Indemnitees which allege negligence on behalf of the Consultant, Consultant shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence is not found on the part of Consultant. However, Consultant shall not be obligated to indemnify Indemnitees from Claims arising from the sole or active negligence or willful misconduct of Indemnitees. Indemnification For Claims for Professional Liability: As to Claims for professional liability only, Consultant's obligation to defend Indemnitees (as set forth above) is limited to the extent to which its professional liability insurance policy will provide such defense costs. 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs l OA, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty(30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance ofthis Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: 5500,000 each occurrence s.l,000,000 aggregate - all other Property Damage: ;6100,000 each occurrence. $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: S500,000 each occurrence Property Damage: S 100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant,or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the teen hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured w' ould be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable i:or any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee; hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without:prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this,Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement:. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract Or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shalll be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: City Manager All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Charles Hester Godbe Research 1660 South Amphlett Boulevard, Suite 205 San Mateo, CA 94402 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary 1.0 cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days'prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rulers which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 20. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 22. INSERTED PROVISIONS: Each provision.and clause required bylawlo be inserted into'theAgreement shall be deemed to be enacted herein, and the Agreement shall be read andenforced as though each were included herein. If through mistake,or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be'amended to make such insertion on application by either party. 23. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and.in no way affect,'limit or amplify the terns or provisions of this Agreement. IN WITNESS WHEREOF, the parties have!caused the Agreementtobe executed. CONSULTANT CITY OF CUPERTINO Godbe Research A Municipal Corporation E ' By B, Title Liic.r Pc<i�c ti'� Title Date S� r I y Date RECOMMENDED FOR APPROVAL: By.. �, / Title C�� AIR,VE S TO FORM: By Cily homey ATTEST: City C lerk I I o-v3oo -TO I 2�.Leo U I IL'1 Agreement Between the City of Cupertino and Godbe Research for Consultant Services for the 2014 Community Tracking Survey- Exhibit A EXHIBIT' - SCOPE- OF WORK AND PROJECT FEES TO CT THE 2014 COMMUNITY Y C 1111 SURVEY' Presented to the City of Cupertino GODBE RESEARCH Gain Insight May 5, 2014 City of Cupertino SCOPE OF WORK Godbe Research is a recognized leader in public and voter opinion research for California local government agencies. Our firm believes that the success of any research study depends on recognizing the individual and unique needs of each of our clients, and then crafting a project work plan to meet those specific needs. To this end, Godbe Research has developed the following scope of work for the City of Cupertino(Cupertino or City)to illustrate the types of considerations that go into each of our research projects. This work plan is designed to become! an exhibit or attachment to the City's standard professional services agreement for the 2014 Community Tracking Survey. Research Objectives Before beginning any research project, Godbe Research spends significant time reviewing each client's research objectives to choose the most appropriate research design. Based on our understanding of the project from information provided by the City as well as our experience with previous Biennial Community Tracking Surveys for Cupertino, Godbe Research understands that City has several research objectives to be addressed by this current study. These include: ✓ evaluating overall resident perceptions of living in the City of Cupertino; ✓ gauging resident satisfaction with the City's performance in providing services and programs; ✓ gathering resident feedback on several local issues, including: parks and recreation; transportation choices; sustainability; economic development and housing; crime; ethnic diversity; information sources; and potentially other issues; ✓ identifying any differences in attitudes and behaviors due to demographic and/or behavioral characteristics, and; ✓ other research objectives to be refined between Godbe Research and the City of Cupertino as part of the 2014 Community Tracking Survey. Scope of Work To accomplish the research objectives of the City of Cupertino for the 2014 Community Tracking Survey, Godbe Research recommends a telephone survey methodology, using a listed sample of Cupertino voters. A sample of this type can be analyzed at the registered voter level and we can also weight the data to the larger population of all City adult(18+)residents. These parameters are consistent with previous Biennial Community Tracking Surveys conducted for the City. Based on this recommended approach, specific services for the 2014 Community Tracking Survey will include: ➢ Conducting an in-person kick.-off meeting with Cupertino, as well as meetings and conference calls to discuss the research objectives, questionnaire design, sampling design, and other facets of the overall project in detail. ➢ Designing and refining a survey instrument of approximately 15 to 25-minutes in length so that it addresses the research objectives of the City of Cupertino for the 2014 Community Tracking Survey. ❖ For reference, the 2012 Community Tracking Survey instrument was 22- minutes in length and the 2010 Community Tracking Survey instrument was 20-minutes in length. Additional Biennial Community Tracking Surveys between 2000 and 2008 were between 15 and 20-minutes in Exhibit—Scope of Work and Project Fees to Conduct the 2014 Community Tracking Survey Godbe Research 1 City of Cupertino length. Furthermore, a survey of 25-minutes is typically the maximum survey length before we see a significant rate of attrition in the later stages of the survey questionnaire, and a survey of less than 15-minutes does not capture the substantive and demographic data needed. ➢ 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. While CATI programming refers to programming the survey into a computer for accurate and efficient data collection, all interviews are conducted via a live interviewer located in the western United States. ➢ Training telephone interviewing personnel on the questionnaire, sampling design, and interviewing protocol. ➢ Development of a stratified and clustered listed sample of City of Cupertino registered voters for the 2014 Community Tracking Survey. s• For reference, we have identified that there are a total of approximately 27,369 voters in the City of Cupertino. The listed voter sample also allows us to analyze data by the registered voter population as well as to weight the data to look at result by the larger adult resident(18+) population in the City of Cupertino. ➢ Conducting 15 to 25-minute interviews with 400(n=400)total Cupertino voters, according to a strict interviewing protocol and the City's research objectives for the survey process. ❖ A sample size of 400 total respondents will provide for a margin of error of no greater than +/-4.86% at the 95% confidence level when looking at all adult residents, including registered voters in the City of Cupertino. Processing the data according to stringent quality control procedures, and weighting the data to adjust for population distribution, as needed. This includes weighting the data to the larger adult resident population it the City based on the 2010 Census, ACS Projections, or other data source consistent with previous Biennial Community Tracking Surveys. ➢ Analyzing the survey results and preparing a report of findings for Cupertino which directly addresses the research objectives outlined for this project, as well as comparing applicable data to previous Biennial Community Tracking Surveys. The report, in PowerPoint format,will include an overview and discussion of the research objectives, methodology discussion, key findings section, overview of City services and review of specific City services, executive summary, demographics section, and a complete set of crosstabulations for all questions asked in the survey. ➢ Presenting the results to Cupertino staff and administration, and the Cupertino City Council for up to two total project presentations. Exhibit—Scope of Work and Project Fees to Conduct the 2014 Community Tracking Survey Godbe Research 2 City of Cupertino ➢ Post project consulting with Cupertino, and other project stakeholders indentified by the City, on the results and recommendations from the 2014 Community Tracking Survey, as needed. Exhibit—Scope of Work and Project Fees to Conduct the 2014 Community Tracking Survey Godbe Research 3 City of Cupertino PROJECT FEE OPTIONS Godbe Research takes great pride in delivering reliable and practical research projects `on time and on budget'. In doing so, we prefer to provide a firm,fixed fee format for our cost proposals. This is because we do not believe in assigning arbitrary hours and rarely do projects(even highly similar in terms of work scope)take the same amount of time or resources. Thus, we feel that firm and fixed-fee pricing represents the best value to our clients based on the two most important factors in any survey: sample size/number of interviews and the length of the survey. Based on our understanding of City of Cupertino's research objectives and goals for the 2014 Community Tracking Survey, Godbe Research has provided costs to conduct a 15 to 25-minute survey comprised of 400(n=400)total Cupertino registered voters, using a telephone survey methodology and listed sample of voters. The prices below reflect the all inclusive costs to complete the project for the City of Cupertino--the overall cost will not exceed those shown below, provided that parameters of the project(survey length, sample size, etc.)conform to those outlined in this Exhibit and past Biennial Community Tracking Surveys. Should project parameters or City needs change, we will be happy to provide amended costs prior to proceeding. Finally, please note that the City will only be charged the total amount from the cost options listed below that reflects the final time-tested survey length for the 2014 Community Tracking Survey. Survey of 400 (n=400) Cupertino Residents- Listed Voter Sample Project Task 15-min. 18-min. 20-min. 22-min. 25-min. Listed Voter Sample $900.00 $900.00 $900.00 $900.00 $900.00 Sample Phone Match $800.00 $800.00 $800.00 $800.00 $800.00 CATI Programming $1,050.00 $1,260.00 $1,400.00 $1,540.00 $1,750.00 Survey Pretest $100.00 $100.00 $100.00 $100.00 $100.00 Telephone Interviewing $8,400.00 $9,880.00 $10,880.00 $12,080.00 $13,760.00 Data Processing $800.00 $900.00 $1,000.00 $1,100.00 $1,200.00 Research Fee $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 Project Management $2,250.00 $2,250.00 $2,250.00 $2,250.00 $2,250.00 Project Total $21,800.00 $23,590.00 $24,830.00 $26,270.00 $28,260.00 Exhibit—Scope of Work and Project Fees to Conduct the 2014 Community Tracking Survey Godbe Research 4 GODRE RE-SEARCH wwrw.godl9,eresearch.com San Francisco Office/Northern California and Corporate Offices 1660 South Amphlett Boulevard, Suite 205 San Mateo, CA 94402 Southern California Office/Southwest G O D B E RESEARCH 4695 MacArthur Court, 11 th Floor Newport Beech, CA 92660 Gain Insight Seattle Office/Northwest 601 108th Avenue NE, Suite 1900 Bellevue, WA 98004