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27 Staff Report - General Plan Update Community SurveyCOUNCIL AGENDA REPORT DATE: July 27, 1998 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 8/3/98 ITEM NO.� 7 GENERAL PLAN UPDATE COMMUNITY SURVEY A. CONSIDER ADOPTING RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH EITHER AMERICAN INSTITUTES FOR RESEARCH OR GODBE RESEARCH AND ANALYSIS FOR CONSULTING SERVICES TO PREPARE A SCIENTIFICALLY BASED COMMUNITY SURVEY. B. AUTHORIZE INCREASE IN PLANNING DEPARTMENT BUDGET (ACCOUNT 3150-61753) FROM GENERAL PLAN UPDATE DEPOSIT ACCOUNT (100-26751). RECOMMENDATION: a. Consider adopting Resolution authorizing Town Manager to execute an agreement with either American Institutes for Research or Godbe Research and Analysis for consulting services to prepare a scientifically based community survey (Attachment 1 or 2). b. Authorize increase in Planning Department budget (Account 3150-61753) from General Plan Update deposit account (100-26751). BACKGROUND: Council considered this item on June 15, 1998, July 6, 1998 and July 20, 1998. On July 20, 1998 the Council adjourned to a study session to interview Dr. Robert Rossi from American Institutes for Research (AIR) and Brian Godbe from Godbe Research and Analysis (GRA) . After the interviews, Council requested that each consultant prepare a precis describing why their firm would best serve the Town and how their methodology would change based on the Council's comments and questions on July 20, 1998. AIR submitted a response to the Council that reviews the scope of the project and the firm's distinctive qualifications (Attachment 3). AIR will tailor its original scope of work to add a survey of Town business leaders and mail -back responses to the telephone survey respondents with invitation to comment further. This additional work adds $5,000 to the total project cost . The additional cost has been reflected in the fiscal impact section of this report by adding it to the Survey Administration task for AIR. GRA submitted a response to the Council that summarizes its recommended approach for the survey and highlights a change in the methodology based on the Council input on July 20, 1998 (Attachment 4). After meeting with the Council three times and speaking with Town staff, GRA recognizes the importance of using the survey process as a way of "bringing the community together to make key decisions related to the General Plan". Because GRA realizes that consensus building and community buy -in is such a critical part of the process, it recommends adding stakeholder meetings to the methodology. GRA will conduct up to ten meetings structured as one-on-one or small group sessions for an additional cost of $3,600. GRA staff stresses that the methodology is designed to be modular and will be further defined by Council, General Plan Committee members and Town staff as the process evolves. The stakeholder meetings are included in the fiscal impact section of this report as Task 3 for GRA. PREPARED BY: Reviewed by: LEE E. BOWMAN ! PLANNING DIREC OR �'jam Attorney finance Revised: 7/27/98 3:14 pm Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: COMMUNITY SURVEY CONSULTANT July 27, 1998 AIR proposes survey and analysis completion by January 1998 based on an August starting date. GRA proposes survey and analysis completion by November based on an August starting date. Agreements for both consultants are attached at the Council's request. The costs for the two consultants are addressed in the Fiscal Impact section of this report. ENVIRONMENTAL ASSESSMENTS: Consultant services for a community survey are not a project defined under CEQA, and no further action is required, FISCAL IMPACT: The costs for conducting the survey will be funded from the General Plan Update deposit account. The following project budgets (Alternatives 1 and 2) include task specific costs as outlined by AIR and GRA. Either consultant will invoice the Town for services based on task completion and work products. A 10% contingency is included (based on the total project cost) to cover required work that may be beyond the scope of services. Funding for the survey has been included in 1998-99 Operating Budget (Expenditure Account 3150-61753). This account is currently funded for $32,360. If the Council chooses Alternative 1, it will need to authorize increasing the expenditure by $22,640 from the deposit account (100-26751). If the Council chooses Alternative 2, it will need to authorize increasing the expenditure by$16,240 from the deposit account (100-26751). The proposals and associated costs are summarized below: Alternative 1: American Institutes for Research Task 1 Meetings and Focus Groups $ 7,500 Task 2 Survey design $ 7,300 Task 3 Survey administration $24,400 Task 4 Analysis and Reporting $10,800 Total $50,000 10% Contingency $ 5,000 TOTAL COST WITH CONTINGENCY: $55,000 Alternative 2: Godbe Research and Analysis Task 1 Focus Groups $ 4,980 Task 2 Optional Focus Groups $11,200 Task 3 Stakeholder Meetings $ 3,600 Task 4 Telephone Survey (RDD) $16,260 Task 5 Mail -Back Business Survey $ 8.180 Total $44,220 10% Contingency $ 4,422 TOTAL COST WITH CONTINGENCY: $48,600 State law requires that a General Plan is updated periodically. Therefore, staff will continue to collect the General Plan update fee on development applications and Account 100-26751 will be ongoing. The revenue stream will continue and the balance will apply toward future General Plan update tasks. Attachments: 1. Resolution authorizing Town Manager to execute and agreement with American Institutes for Research for consulting services to conduct a community survey. Exhibit A: Agreement with American Institutes for Research for contract services to conduct a community survey. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: COMMUNITY SURVEY CONSULTANT July 27, 1998 2. Resolution authorizing Town Manager to execute an agreement with Godbe Research and Analysis for consulting services to conduct a community survey. Exhibit A: Agreement with Godbe Research and Analysis for contract services to conduct a community survey 3. Precis from American Institutes for Research, received July 21, 1998 4. Precis from Godbe Research and Analysis, received July 23, 1998 DISTRIBUTION: John C. Flanagan Research Center, Attn: Dr. Robert Rossi, 1791 Arastradero Road, P.O. Box 1113, Palo Alto, CA 94302 Godbe Research and Analysis, 225 South Cabrillo Highway, Suite 200, Building B, Half Moon Bay, CA 94019-1738 LEB:KS:sm N: \DE V \CNCLRPTS\S U R V EY3 . REC RESOLUTION 1998- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN INSTITUTES FOR RESEARCH FOR CONSULTING SERVICES FOR THE GENERAL PLAN UPDATE RESOLVED, that the Town of Los Gatos Town Council has determined that an update to the 1985 General Plan is necessary; and RESOLVED, that the Town has started the General Plan update process with the successful General Plan Task Force Final Report 1998 and the establishment of General Plan Task Force II; and RESOLVED, that the General Plan Task Force conducted a survey in October 1997 that was not scientifically based and measured opinions more than community needs; and RESOLVED, that the General Plan Committee has determined that a Town wide community needs assessment conducted by experts in the field of research and analysis is needed for General Plan Task Force II and Town use; and RESOLVED, that the Town sent Requests for Proposals to four consulting firms for conducting a Town wide community survey; and RESOLVED, that the Town received two proposals for the community survey services; and RESOLVED, that the most desirable proposal for the community survey was submitted by American Institutes for Research, because their methodology relates to residents sense of community; and RESOLVED, that Project Managers Robert Rossi and Kaaren Hanson have extensive experience with community survey processes and in-house expertise for designing and administering a qualitative and quantitative survey; and RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into an agreement for conducting a community survey with American Institutes for Research (Exhibit A). n:\dev\resos\survey3.agr ATTACHMENT 1 FURTHER RESOLVED, by the Town Council that the Town Manager is authorized and directed to execute the attached agreement for conducting a community survey in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3rd day of August, 1998, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Linda Lubeck MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA n:\dev\resos\survey3.agr AGREEMENT FOR COMMUNITY SURVEY CONSULTANT SERVICES THIS AGREEMENT is entered into this 3rd day of August, 1998, by and between the Town of Los Gatos, State of California, herein called the "Town", and American Institutes for Research, engaged in providing community survey consulting services herein called the "Consultant". RECITALS A. The Town is considering undertaking activities to update the General Plan and the update includes a General Plan Task Force that will use survey results. B. The Town desires to engage this Research Consultant to provide consulting services in conjunction with preparing and administering a quantitative survey that will identify the community needs, because of Consultant's experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. A. Consultant will provide research and analysis services in the form of conducting a community survey. The project tasks are summarized below: i. Task 1 - Meetings and Focus Groups ii. Task 2 - Survey Design iii. Task 3 - Survey Administration iv. Task 4 - Analysis and Reporting A more detailed list of tasks and the project budget is listed in Exhibit A. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by January 1998, as provided for in the Consultants Project Schedule. Revised: July 23, 1998 N:\DEV\KS\AISCON.AGR Page 1 of 7 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $55,000; and payment shall be based upon Town approval of each task. It shall be the policy of the Town to pay promptly (net 30 days) all bills which become due and payable by the Town. Payment to the Consultant shall be made 30 days after receipt by Town of monthly or quarterly reports required by the Agreement. The Consultant's invoice must include a purchase order number. The Town will determine whether payment can be made under the Agreement and may rely upon the certification by Consultant that the items appearing on the statement and its supporting data are eligible items under the Scope of Work. However, no such determination shall constitute a waiver by the Town of its right to recover from Consultant any monies paid on items that were not eligible to payment under the Scope of Work and the Agreement. Revised: July 23, 1998 N:\DEV\KS\AISCON.AGR Page 2 of 7 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Drs. Robert Rossi and Kaaren Hanson. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: To Consultant: Planning Department 110 F. Main Street Los Gatos, CA 95030 American Institutes for Research John C. Flanagan Research Center 1791 Arastradero Road P.O. Box 1113 Palo Alto, CA 94302 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. Revised: July 23, 1998 N:\DEV\KS\AISCON.AGR Page 3 of 7 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. Revised: July 23, 1998 N: \D E V \KS\AISCON. AGR Page 4 of 7 iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Town. current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers° Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. Revised: July 23, 1998 N: \DEV \KS\AISCON. AGR Page 5 of 7 15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 18. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Revised: July 23, 1998 N: \DEV \KS\AISCON. AGR Page 6 of 7 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos David W. Knapp, Town Manager Consultant: Robert Rossi Town of Los Gatos American Institutes for Research Print Name Title ATTEST: Clerk of the Town of Los Gatos, Approved as to Form: Los Gatos, California Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney Revised: July 23, 1998 N:1DE V\KS\AISCON. AGR Page 7 of 7 PROJECT BUDGET: American Institutes for Research Upon notification of contract award, AIR will obtain a Business License for the Town of Los Gatos and provide proof of insurance. For the four principal tasks associated with the proposed work, our budget estimates are as follows: Task 1 Task 2 Task 3 Task 4 Project Total: Meetings and focus groups Survey Design Survey Administration Analysis and Reporting $ 7,500 $ 7,250 $24,388 $10,750 $49,947 EXU81T A RESOLUTION 1998- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GODBE RESEARCH AND ANALYSIS FOR CONSULTING SERVICES FOR THE GENERAL PLAN UPDATE RESOLVED, that the Town of Los Gatos Town Council has determined that an update to the 1985 General Plan is necessary; and RESOLVED, that the Town has started the General Plan update process with the successful General Plan Task Force Final Report 1998 and the establishment of General Plan Task Force II; and RESOLVED, that the General Plan Task Force conducted a survey in October 1997 that was not scientifically based and measured opinions more than community needs; and RESOLVED, that the General Plan Committee has determined that a Town wide community needs assessment conducted by experts in the field of research and analysis is needed for General Plan Task Force II and Town use; and RESOLVED, that the Town sent Requests for Proposals to four consulting firms for conducting a Town wide community survey; and RESOLVED, that the Town received two proposals for the community survey services; and RESOLVED, that the most concise, pertinent and actionable proposal for the community survey was submitted by Godbe Research and Analysis; and RESOLVED, that Project Managers Bryan Godbe and David Kaefer have extensive experience with community survey processes and in-house expertise for designing and administering a qualitative and quantitative survey; and RESOLVED, by the Town Council that the TOWN OF LOS GATOS enter into an agreement for conducting a community survey with Godbe Research and Analysis (Exhibit A). n:\devIresos\survey2.agr ATTACHMENT 2 FURTHER RESOLVED, by the Town Council that the Town Manager is authorized and directed to execute the attached agreement for conducting a community survey in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council held on the 3rd day of August, 1998, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: /s/ Linda Lubeck MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA n:\dev\resos\survey2.agr AGREEMENT FOR COMMUNITY SURVEY CONSULTANT SERVICES THIS AGREEMENT is entered into this 3rd day of August, 1998, by and between the Town of Los Gatos, State of California, herein called the "Town", and Godbe Research and Analysis, engaged in providing community survey consulting services herein called the "Consultant". RECITALS A. The Town is considering undertaking activities to update the General Plan and the update includes a General Plan Task Force that will use survey results. B. The Town desires to engage this Research Consultant to provide consulting services in conjunction with preparing and administering a quantitative survey that will identify the community needs, because of Consultant's experience and qualifications to perform the desired work. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. A. Consultant will provide research and analysis services in the form of conducting a community survey. The project tasks are summarized below: i. Task 1 - Focus Groups ii. Task 2 - Optional Focus Groups iii. Task 3 - Stakeholder Meetings iv. Task 4 - Telephone Survey (Random Digit Dial) v. Task 5 - Mail -Back Business Survey A more detailed list of tasks and the project budget is listed in Exhibit A. Revised: July 23, 1998 N:\DEV\KS\GODBECON.AGR Page 1 of 7 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by November 1998, as provided for in the Consultants Project Schedule. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to Town that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession. Consultant shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the Town and all reports and supportive data prepared by the Consultant under this Agreement are the Town's property and shall be delivered to the Town upon the completion of Consultant's services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and Town's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at Town's risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $48,600; and payment shall be based upon Town approval of each task. It shall be the policy of the Town to pay promptly (net 30 days) all bills which become due and payable by the Town. Payment to the Consultant shall be made 30 days after receipt by Town of monthly or quarterly reports required by the Agreement. The Consultant's invoice must include a purchase order number. The Town will determine whether payment can be made under the Agreement and may rely upon the certification by Consultant that the items appearing on the statement and its supporting data are eligible items under the Revised: July 23, 1998 N:\DEV\KS\GODBECON.AGR Page 2 of 7 Scope of Work. However, no such determination shall constitute a waiver by the Town of its right to recover from Consultant any monies paid on items that were not eligible to payment under the Scope of Work and the Agreement. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the Town at the Consultant's offices during business hours upon written request of the Town. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Bryan Godbe and David Kaefer. 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the Town. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To Town: Planning Department 110 E. Main Street Los Gatos, CA 95030 To Consultant: Godbe Research and Analysis 225 South Cabrillo Highway Suite 200, Building B Half Moon Bay, CA 94019-1738 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the Town. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to Town employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and Revised: July 23, 1998 N:\DEV\KS\GODBECON.AGR Page 3 of 7 expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the Town. The Consultant has and shall not obtain any holding or interest within the Town of Los Gatos. Consultant has no business holdings or agreements with any individual member of the Staff or management of the Town or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the Town in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the Town's sole discretion, divest itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 14. Insurance. A. Minimum Scope of Insurance: Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Revised: July 23, 1998 N:\DEV\KS\GODBECON.AGR Page 4 of 7 of such policy to the Town before beginning services under this Agreement. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. 15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend the Town its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior or Municipal Court of the County of Santa Clara. 18. Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the Town all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, Town shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the Town bears to completed services contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, including costs of appeal. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. Revised: July 23, 1998 N:\DEV\KS\GODBECON.AGR Page 6 of 7 iii. Consultant shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Consultant agrees that all certificates and endorsements are to be received and approved by the Town before work commences. iv. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than $1,000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. B. General Liability: The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self -insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days° prior written notice by certified mail, return receipt requested, has been given to the Town. current certification of such insurance shall be kept on file at all times during the term of this agreement with the Town Clerk. D. In addition to these policies, Consultant shall have and maintain Workers° Compensation insurance as required by California law and shall provide evidence Revised: July 23, 1998 N: \DEV \KS\GODBECON.AGR Page 5 of 7 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of the date indicated on page one (1). Town of Los Gatos David W. Knapp, Town Manager Consultant: David Kaefer Town of Los Gatos Godbe Research and Analysis Print Name Title ATTEST: Clerk of the Town of Los Gatos, Approved as to Form: Los Gatos, California Marian V. Cosgrove, Town Clerk Orry P. Korb, Town Attorney Revised: July 23, 1998 N:1DEV 1KS\GODBECON. AGR Page 7 of 7 Project Budget Godbe Research & Analysis takes great pride in delivering usable research projects on time and on budget. For this research project, GRA recommends the Town of Los Gatos conduct two stakeholder focus groups and a survey consisting of telephone and mail -back components. GRA has provided estimates for the stakeholder focus groups, optional focus groups (resident and business groups), and the quantitative component of the survey (estimates for both voter and random digit dial telephone surveys are included). Focus Groups Optional Focus Groups Stakeholder (1 Business Group Focus Grouts (2) 1 Resident Group) Recruitment Fee $2 400.00 Facility Rental Fee $1,000.00 Participant Incentives - $1,800.00 Audio/Visual Equipment Rental $425.00 $425.00 Refreshments $300.00 $300.00 Research Fee $4,000.00 $5,000.00 Miscellaneous Expenses $250.00 $250.00 Total $4,975.00 $11,175.00 Telephone and Mail -Back Surveys Telephone Survey N=400, 15-Minute Random Digit Dial Survey (Rag) Random Sample $1,073.00 Questionnaire Copying $275.00 Telephone Interviewing $8,000.00 Data Processing $1,165.00 Research Fee $5,500.00 Miscellaneous Expenses $250.00 Total $16,263.00 Mail -Back Business Survey N=200 Random Sample $660.00 Printing (Questionnaire and Envelopes) $1,270.00 Mailing Service $1,190.00 Postage $484.00 Data Processing $800.00 Toll -Free Fax Number $75.00 Research Fee $3,500.00 Miscellaneous Expenses $200.00 Total $8,179.00 Stakeholder Meetings $3,600 (including optional focus groups) $ 44 ,192 (a31, moo oi Godbellesearch & Analysis EXH1T A Los Gatos Community Needs Assessment Survey Proposal Godbe Research and Analysis Page 12 JUL-21-98 14:49 FROM: AMER INST FOR RESEARCH ID: 415+858+0958 PAGE 2 RECEIVED Communitywide Survey TOWN OF LOS GATOS To Inform Plan Review PLANNING DEPARTMENT Final Comments Submitted to the Town of Los Gatos. California, 1iy Center for Community Research at the .jnrerirmr Institutes far Research Purpose and Scope of the Project We propose to engage residents and local business owners in the process of updating the general plan for the Town of Los Gatos by involving them in focus groups and in Townwide surveys of community status and current and projected Town needs. Focus groups. We will organize and facilitate three focus groups —one with local leaders who view themselves as stakeholders --and two with mixes of residents and business owners, including young people, who may not be as visible a part of the civic fabric. We will encourage and help prepare the members of the stakeholder focus group (which may include representatives of the General Plan Task Force) to lead additional groups (i.e., other than the three groups we will facilitate) to ensure that these individuals consider themselves as full partners in the work. We believe it is important that residents come to view the survey design process as part of a continuing effort on the part of the Town to shape its future. Surveys. We will work with the General Plan Task Force II and with the information collected via the focus groups to design two survey instruments. One instrument will be administered in 25-minute interviews by telephone to 750 residents ,selected randomly. The second instrument will be administered in person to local business leaders (e.g., at a meeting of the local Chamber of Commerce) and by mail to local business leaders who are nominated by in -person respondents_ To provide residents who take part in the telephone survey with opportunities to consider their responses and to amplify them as a result of further thought, we will mail to each respondent a summary of his or her responses along with an invitation to add additional comments in writing. To facilitate this exchange, we will provide stamped and addressed envelopes for respondents to use in returning survey forms and comments. We suggest that both instruments provide respondents with a brief summary of demographic trends likely to affect the Los Gatos area over the next decade (to set a context for their responding). We also suggest that these instruments include sufficient descriptive or clarifying information pertinent to specific items to ensure informed responses and assess needs by contrasting the importance of specific items (for the respondent and for the Towrt generally in the respondent's opinion) to their current and projected status. We further recommend the inclusion of items that will provide an assessment of individuals' sense of community with the Town leadership and within their neighborhoods. These items will establish the context for understanding (1) why residents may feel as they do regarding specific types of proposals and (2) how the plan update process may be designed to build upon and to strengthen the sense of community among residents. JUL 21. 1998 ATTACHMENT 3 JUL-21-98 14:49 FROM: AMER INST FOR RESEARCH ID: 415+958+09Se PAGE 3 Distinctive Qualifications of AIR We are a not -for -profit research organization with a 50-plus-year history of using the best methods of the social and behavioral sciences to improve the quality of life. Our Center for Community Research is dedicated to understanding the dynamics of effective group performance and to building the sense of community in neighborhood, organizational, and regional settings. We hring to this project a commitment to quality research methods and to strengthening the sense of community in Los Gatos. In working with the Town of Los Gatos, we expect to collaborate closely with those involved in the plan update process. We will he available for discussions and for considerations of new approaches. We aim to contribute positively to the larger general plan process. Cost Estimate Our original budget for the work we proposed was $44, 888_ We estimate that the survey of business leaders and the mail -back of responses (with stamped, addressed envelopes enclosed) to telephone survey respondents with invitation to comment further will add about $5,000 to this total. 2 Jul 23 98 11:31a p.2 Date: July 23,1998 To: Los Gatos Town Council From: Biyan Godbe, Godbe Research & Analysis Re: Proposal to Conduct Survey Research RECEI VED JUL 2 31998 rowPLANNING DEPARTMENT ey_ Godbe Research & Analysis (GRA) appreciates the opportunity to provide survey research services to the Town of Los Gatos. GRA is the state leader in survey research conducted for local governments, having completed over 125 projects for local government in the last eight years. At the request of staff, this letter summarizes our recommended approach, highlights a change in our previous approach and reiterates the benefits of selecting GRA to perform this project GRA Approach -- GRA proposes to conduct a three part research project including: stakeholder focus groups, a telephone survey of Los Gatos residents and a mail survey of business owners. GRA understands this is clot a service satisfaction project and will instead focus on changes to the Town's General Plan. The table below summarizes our work plan: Stakeholder Focus Groups (2 groups) $4,975 Resident Telephone Survey (400 intervieus,15-minutes each) $16,263 Mail -back Business Survey (200 interviews) $8,179 Total $29,417 Modification to Approach — After meeting with the Council on three occasions and after speaking with Town staff, GRA recognizes the importance of using the survey process as a way of bringing the community together to make key decisions related to the General Plan. This requires more interaction with key stakeholders and community members than would be allowed with the two stakeholder focus groups. Because consensus building and buy -in are such a critical part of this project, GRA recommends adding one component to its original plan. In communities in which the consensus building process was a key project goal, GRA has conducted 1-on-1 interviews and small group study sessions to gain buy -in to the survey research process. In Los Gatos, GRA proposes to conduct up to 10 meetings structured as either 1-on-1 meetings or small group study sessions. The cost for this additional service is $3,600. GRA's Unmatched Benefits — Projects performed for local government are the foundation of GRA's business. Please consider some of the following benefits GRA brings to this project: • Results Oriented — This project will yield actionable results, not academic findings. GRA has a track record of building consensus and pushing decisions forward to conclusion. • Responsive — GRA has thus far submitted a detailed proposal, attended three council meetings, produced two clarifying memos and provided multiple examples of past survey work. We are known as a firm that is responsive to client needs and timelines and we are committed to providing superior service. • Iterative Process — GRA's work plan calls for numerous stakeholder meetings and discussions. These meetings allow for a questionnaire creation process that is hands-on and flexible in order to allow for the buy -in necessary from various project stakeholders. GodbeReseareh & Analysis • Local References — No survey firm has the experience GRA has with local government issues on the San Francisco Peninsula After using GRA for survey projects, the cities of Campbell, Cupertino, Mountain View, Millbrae, San Bruno, Santa Clara, and Saratoga have each recommended GRA to other organizations looking to complete a survey project. • Price — GRA offers a more complete product than our competitor for this project and we do it at a price that is $11,871 less than what our competitor offers. • Direct Experience — GRA has completed projects impacting General Plans. Some projects dealt with a single development issue impacting the General Plan while others were broad in nature, dealing with development and zoning priorities throughout a town. ATTACHMEV 225 South Cabrillo Highway Suite 200 Building a Half Mnon Bay CA 94019-113B phone 6501123131 fax 6501123131 445 South Figueroa Street Suite 2600 Los Angeles CA 90011.1631 phone 213 624.8863 fax 113 624.8864 4 INTERNAL TRACKING DEPTMENT: AGENDA ITEM: y4)-) j) 7. lb U / RESO/ORD NUMBER: RATE BY LIST IN BOOK ON DISC OR SHARE. FORM SENT TO DEPT. . PUBLISH IF REQUIRED - Date of Publication ORDINANCES ONLY WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR MAIL TO DISTRIBUTION LIST NO.of COPIES: PROOF OF MAILING PREPARED SIGN BY CLERK/SEAL . ENTER INTO ECM ORDINANCE/RESOLUTION FILE FILE IN VAULT CODIFICATION IF ORDINANCE c!t:d16:\ahetlordma Town Council Minutes Redevelopment Agency HEARINGS CONTINUED August 3, 1998 Los Gatos, California BRUSH ABATEMENT/RESOLUTION 1998-137/PUBLIC HEARING/CONT. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY. AND SHOWING AMOUNT OF BRUSH ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA FOR THE FISCAL YEAR 1998-99, Carried unanimously. GENERAL PLAN UPDATE COMMUNITY SURVEY (27.47) Mayor Lubeck stated that this was the time and place duly noted to consider adopting resolution authorizing Town Manager to execute an agreement with either American Institutes for Research or Godbe Research and Analysis for consulting services to prepare a scientifically based community survey, and consider authorizing increase in Planning Department budget from the General Plan Update Deposit Account. Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item to a special meeting on August 12, 1998 at 5:30 P.M., so that Mrs. Benjamin will have time to review the materials and interview the consultants. Carried unanimously. PARKING/INDUSTRIAL WAY/ONE WAY TRAFFIC (28A.40) Motion by Mrs. Benjamin, seconded by Mr. Attaway, to return the subject of changing two- way traffic to one-way northbound traffic on Industrial Way between Roberts Road and Blossom Hill Road to staff for further study. Carried unanimously. PARKING/PLAZA PARK/20 MINUTES TO 2 HOURS/RESOLUTION 1998-131 (28B.40) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1998-131 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING TIME LIMITS ON SOUTH SANTA CRUZ AVENUE (ADJACENT TO THE PLAZA PARK) FROM TWENTY MINUTES TO TWO HOURS. Carried unanimously. FEE ANALYSIS OF SERVICES/DAVID M. GRIFFITH-MAXIMUS/RESOLUTION 1998-132 (29.05) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-132 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH-MAXIMUS, FOR SERVICE TO PROVIDERS. Carried unanimously. POSTING LOCATIONS/PUBLIC NOTICES/ORDINANCE INTRODUCTION (30.11) The Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 1.10.105 ESTABLISHING THREE OFFICIAL POSTING LOCATIONS FOR THE TOWN OF LOS GATOS PUBLIC NOTICES. Carried unanimously. TC: D10: MM080398 7