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22 Staff Report - General Plan Update Community SurveyMEETING DATE: 7/6/98 ITEM NO. COUNCIL AGENDA REPORT DATE: July 1, 1998 TO: MAYOR AND TOWN OUNCIL FROM: TOWN MANAGER „� G SUBJECT: GENERAL PLAN UPDATE COMMUNITY SURVEY A. CONCUR WITH GENERAL PLAN COMMITTEE RECOMMENDATION TO CONDUCT A TOWN WIDE COMMUNITY SURVEY; B. ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GODBE RESEARCH AND ANALYSIS FOR CONSULTING SERVICES TO PREPARE A SCIENTIFICALLY BASED COMMUNITY SURVEY. RECOMMENDATION: 1. Concur with General Plan Committee recommendation to conduct a Town wide community survey; 2. Adopt Resolution authorizing Town Manager to execute an agreement with Godbe Research and Analysis for consulting services to prepare a scientifically based community survey (Attachment 5). BACKGROUND: On June 15, 1998, Council considered this matter and continued it so Godbe Research and Analysis (GRA) could provide a sample of survey questions. The Council was concerned that GRA would not meet the Town's goal for the survey if questions only address the community's satisfaction or dissatisfaction with Town services (as illustrated in GRA work samples). Greg Harrison, Research Coordinator for GRA, has discussed Council's concerns with staff. He has indicated that GRA will work closely with the subcommittee of the General Plan Committee to construct the survey questions and that the qualitative data from the focus groups will be a tool for GRA and the subcommittee when designing the survey questions. He also understands that the focus of the survey is not to assess the community's satisfaction with Town services. Mr. Harrison does not think he can accurately construct survey questions to address the Council's concerns identified on June 15, 1998 prior to working with the General Plan Committee subcommittee (Jan Hutchins, Michael Burke and Gary Ehlert) and analyzing the focus group results. A GRA representative will be available at the July 6, 1998 Council meeting to answer questions. CONCLUSION: Staff recommends the GRA alternative including the focus groups, Random Digit Dial survey, and mail -back business survey for a total cost of $29,417. It is important to note that the two focus groups may include residents, merchants, commercial property owners, etc. Two alternatives are attached to the scope of work and budget, the first includes the staff recommendation (Attachment 6) and the second includes the additional focus groups per Council's request (Attachment 7). The costs for the two alternatives are addressed in the Fiscal Impact section of this report. PREPARED BY: LEE E. BOWMAN PLANNING DIRECTOR Reviewed by: v Attorney ance (Continued to Page 2) Revised:7/1/98 5:11 pm Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: COMMUNITY SURVEY CONSULTANT July 1, 1998 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 costs (Alternatives 1 and 2) include task specific costs as outlined in the Godbe Research and Analysis scope of work. Staff recommends Alternative 1. GRA 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 cost for GRA to conduct the survey has been included in 1998-99 Operating Budget (Expenditure Account 3150-61753). This account is currently funded for $32,360 (amount in Alternative 1). If the Council chooses Alternative 2, it will need to authorize increasing the expenditure by $12,320 from the deposit account (100-26751). The project tasks are summarized below in the form of two alternatives: Alternative 1: Task 1 Task 2 Task 3 Focus Groups Telephone Survey (RDD) Mail -Back Business Survey Total 10 % Contingency $ 4,980 $16,260 $ 8,180 $29,420 $ 2,940 TOTAL COST WITH CONTINGENCY: $32,360 Alternative 2: Task 1 Task 2 Task 3 Task 4 Focus Groups Optional Focus Groups Telephone Survey (RDD) Mail -Back Business Survey Total 10% Contingency TOTAL COST WITH CONTINGENCY: $ 4,980 $11,200 $16,260 $ 8,180 $40,620 $ 4,060 $44,680 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 through 4 Attached to report dated June 4, 1998 5. Resolution authorizing Town Manager to execute an agreement with Godbe Research and Analysis for consulting services to conduct a community survey. Exhibit A: Revised Agreement with Godbe Research and Analysis for contract services to conduct a community survey 6. Alternative 1 Project Budget / Scope of Work 7. Alternative 2 Project Budget / Scope of Work 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:\DEV\CNCLRPTS\SURVEY2.REC 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 desirable 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:\dev\resos\survey.agr ATTACHMENT 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 6th day of July, 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\survey.agr AGREEMENT FOR GENERAL PLAN UPDATE CONSULTANT SERVICES THIS AGREEMENT is entered into this 6th day of July, 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 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 consulting firm to provide consulting services for preparing and administering a quantitative survey that will identify the community needs. 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. Consultant will provide research and analysis services in the form of conducting a community survey. The project tasks are summarized below: (Tasks to be determined by Town Council July 6, 1998.) 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 October 1998, as provided for in 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. Revised: March 11, 1997 N:\DEV\KS\SURVEY.AGR Page 1 of 8 PHI n 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 (To be determined by Town Council July 6, 1998); and payment shall be based upon Town approval of each task as outlined in the Council adopted scope of work. Payments are made on a reimbursement basis for services actually performed by the consultant and for eligible costs actually incurred and paid by the Consultant pursuant to the Agreement. Also, plans, specifications, documents or other pertinent materials shall be submitted for Town review, even if only in partial or draft form. The statement or statements requesting payment shall be in a form approved by the Town, and the Consultant shall specify in detail the services performed by the Consultant during the month or quarter for which payment is sought. In no event shall the Consultant overrun the total budget for any quarter without obtaining prior written approval from the Town. 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: March 11, 1997 N:\DEV\KS\SURVEY.AGR Page 2 of 8 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 Managers for the Consultant for the work under this Agreement shall be Bryan Godbe abd 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 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: March 11, 1997 N: \DEV\KS\SURVEY. AGR Page 3 of 8 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 represents 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: March 11, 1997 N:\DEV11{S1SURVEY. AGR Page 4 of 8 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: March 11, 1997 N: \DEV\KS\SURVEY.AGR Page 5 of 8 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, as well as costs not to exceed $7,500 in total. 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: March 11, 1997 N:\DEV\KS\SURVEY.AGR Page 6 of 8 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: March 11, 1997 N:\DEV\KS\SURVEY.AGR Page 7 of 8 THE PROJECT BUDGET AND SCOPE OF WORK WILL BE DETERMINED BY THE COUNCIL ON JULY 6,1998 (EITHER ATTACHMENT 6 or 7 of TOWN COUNCIL REPORT DATED JUNE 24, 1998) EXHIBIT A Project Budget Cf4 1401 114/ GodbeHesearch & Analysis ALTERNATIVE 1 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 Stakeholder Focus GrouAs (2) Recruitment Fee Facility Rental Fee Participant Incentives - Audio/Visual Equipment Rental $425.00 Refreshments $300.00 Research Fee $4,000.00 Miscellaneous Expenses $250.00 Total $4,975.00 Telephone and Mail -Back Surveys Telephone Survey N=400, 15-Minute Random Digit Dial Survey (RDD) 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 Prorising $800.00 Toll -Free Fax Number $75.00 Research Fee $3,500.00 Miscellaneous Expenses $200.00 Total $8,179.00 TOTAL PROJECT BUDGET (RDD) $29,417.00 Los Gatos Community Needs Assessment Survey Proposal Godbe Research and Analysis Page 12 AT 0 �b unt.-� ALTERNATIVE 2 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 Groups (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 Sample Questionnaire Copying Telephone Interviewing Data Processing Research Fee Miscellaneous Expenses Total Mail -Back Business Survey N=200 Random Digit Dial Survey (RDD) $1,073.00 $275.00 $8,000.00 $1,165.00 $5,500.00 $250.00 $16,263.00 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 (including optional focus groups) $40,592.00 (RDD) i 1110 Godbeflesearrh & Analysis Los Gatos Community Needs Assessment Survey Proposal Godbe Research and Analysis Page 12 ATTACHMENT ACHMEN OFFICE OF THE TOWN CLERK ORDQ ICES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: -7- l - q? RESOLUTION 1q9? - Co 67 ? PUBLICATION REOUiREDI COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: �X I ORDINANCE COUNCIL MEMBERS NAMES: Num' � e of Intro`; Date of Adopt: NE CHANGE: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor(or Chairman) LINDA LUBECK ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION TC. 07: RESO-ORO