HomeMy WebLinkAbout8.3 Housing Needs Survey
CITY CLERK
File # D~[Q][Q]-[?)11ð1
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 15, 2005
SUBJECT:
Agreement with Godbe Research to conduct a Housing Needs
Survey of prospective housing needs and programs for the City of
Dublin
Report prepared by: Julia Abdala, Housing Specialist
ATTACHMENTS:
1) Resolution Approving an Agreement with Godbe Research
2) Budget Change Form
~
l) Receive Staff Report
2) Adopt Resolution approving a Consulting Agreement with
Godbe Research
3) Authorize the Mayor to sign the Agreement on behalf of the
City.
4) Approve the budget change in the amount of $ J 0,000 from the
Affordable Housing Fund.
RECOMMENDATION:
FINANCIAL STATEMENT:
$20,000 is included as part of the Housing 2004-2005 budget fOf a
Housing Needs Survey. Additionally it was determined to add a
sample of City of Dublin busincsses to the survey. A budget change
in the amount of $1 0,000 wi11 be required. The additional funds will
come from the Affordable Housing In lieu fee fund.
DESCRIPTION:
On July 11,2003 the State Department of Housing and Community Development certified the City of
Dublin's Housing Element. This Housing Element listed accomplishments completed in atfordable
housing programs as well as affordable housing efforts that the City of Dublin would consider in the
future.
In 2003 the City Council included in the Goals and Objectives the importance of conducting a Housing
Needs Survey. The intent of the survey would be to provide information on what types of housing is
needed (condos, rentals single family homes) as well as what types of housing programs the residents of
Dublin feel are important and needed in the City of Dublin.
From the information obtained in a detailed and professionally conducted survey the City Staff can make
recommendations to the City Council on what types of programs are viewed as needed by those who
would use them and would also provide justification in complying with the current Housing Element or in
determiniDg that a given program or product is Dot necessary in the City of Dublin. Additionally it was
determined that a survey ofa sample of City of Dublin businesses regarding housing issues and the
impact on recruiting and retaining employees would be worthwhile to add to the survey.
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COPIES TO: Consultants
In House Distribution
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ITEM NO.
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To produce this Housing Needs Survey Staff produced a Request for Proposal to attract experts in the
field. After review of the returned proposals, interviewing and researching references that were provided,
Staff is recommending Godbe Research as the consultant of ehoicc. Godbe Research has a wide range of
experience in providing statistical surveys and analysis. Godbe Research has worked with cities and
organizations such as the Livermore Valley Joint Unified School District, the City of Cupertino, and the
City of Novato. All references in all locations contacted werc pleased with the quality of work performed
by Godbc Research. All references highly recommended this firm to provide the services the City of
Dublin is seeking. Staff recommends that the City Council approve this agreement with Godbe Research
to assist in determining the housing needs and attitudes ofthe residents and businesses in Dublin.
The draft agreement (sce Attachment 1) provides that Godbe Research will complete the survey within 8
to 10 weeks.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive the Staff report, 2) Adopt a Resolution approving thc
Consulting Agreement, :, 3) Authorize the Mayor to sign the agreement on behalf of the City; 4)
Approve the budget change in the amount of $1 0,000 from the Affordable Housing Fund.
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUN AND GODBE RESEARCH TO
CONDUCT A HOUSING NEEDS SURVEY OF THE RESIDENTS AND BUSINESSES OF THE
CITY OF DUBLIN
WHEREAS, on July 11, 2003 the State Department of Housing and Community Development certified
the City of Duhlin's Housing Element, and
WHEREAS, the Housing Element lists housing programs that the City of Dublin wouJd consider
implementing; and
WHEREAS, a Housing Needs Survey to determine what housing products and programs would be of
most value to the residents and businesses of Dublin has been a high priority item in the City Council's Goals and
Objectives; and
WHEREAS, the City Staff sent out a Request for Proposals to procure the services of a firm to conduct a
housing survey; and
WHEREAS, a determination was made to enter into a contract with one of the solicited firms, Godbe
Research; and
WHEREAS, the City Council has been presented with an agreement entitled Consulting Services
Agreement Between the City of Dublin and Godbe Researeh; and
WHEREAS, the City Council is familiar with the terms of the agreement; and
WHEREAS, the City Council has authorized the Mayor to enter into said agreement.
NOW, THEREFORE BE IT RESOLVED, that the City Council :
I. Approves the Consulting Services Agreement Between the City of Dublin and Godbe Research directs and
authorizes the Mayor to execute the Agreement attached as Exhibit A to this Resolution
2. Approves a Budget Change Form allocating an additional $10,000 from the Inclusionary Housing In Lieu
Fee Fund to provide funds for this contract for 2004-2005 fiscal year.
PASSED, APPROVED AND ADOPTED this 15th day of Fehruary 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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A TT ACHMENT 1
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GOD BE RESEARCH
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
Godbe Research ("Consultant") as of February 1, 2005.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Servlees. The term of this Agreement shall begin on the date first noted above
and shall end when all agreed upon work is completed. Consultant shall complete the work
described in Exhibit A, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Consultant to complete the
services required by this Agreement shall not affect the City's right to terminate the
Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant for services to be performed
under this Agreement for an amount of $26,210 for the tasks listed in Exhibit A. City shall make no
payment for any extra, further or additional service pursuant to this Agreement unless such extra service
and the price therefore is agreed to in writing execuled by the City Manager or other designated official of
the City authorized to obligate the City thereto. Said extra service shall not to exceed $30.000, the amount
budgeted for the Housing Needs Study in the 2004-2005 City of Dublin budget and the Budget Change
Form approved by Council on February 15, 2005. In the event of a conflict between this Agreement and
Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
Consulting Services Agreement between
City of Dublin and Godbe Research Page 1 of 13
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manner set forth herein. The payment specified below shall be the only payment from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit an invoice to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit two invoices, the first invoice for one-half the project
total is prepared after finalization of the survey instrument. The final invoice for the
remaining half of the project total is sent upon finalization of the full report and presentation
to the City Council. Invoices shall contain the following information:
· Serial identifications of progress bills; I.e., Progress Bill NO.1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount. the amount of prior
billings. the total due this period and the balance available under the Agreement.
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· A notice if and when the total number of hours of work by Consultant and any
individual employee, agent, or subcontractor of Consultant reaches or exceeds
800 hours, which shall include an estimate of the time necessary to complete the
work described in Exhibit A;
· The Consultant's signature.
2.2 Initial Pavment. City shall make two payments, based on invoices received, for services
satisfactorily performed. City shall have 30 days from the receipt of an invoice that
complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 50% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 This subsection intentionally left blank.
2.5 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
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incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed chang¡:¡ order or amendment.
2.6 This subsection intentionally ieft blank.
2.7 Reimbursable EXDenses. Reimbursable expenses shall be agreed to, in writing, prior to
incurring expenditures.
2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.9 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
tlmesheets in order to verify costs incurred to that date.
2.10 Authorization to Perform Services. The Consultant is not authorized to peliorm any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. "Except as set forth herein, Consultant shall, at its sole
cost and expense. provide all facilities and equipment that may be necessary to peliorm the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use whiie consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long~distance telephone or other
communication charges. vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shaii procure 'occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the peliormance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
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insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consuitant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Commercial General and Automobile Liabilitv Insurance.
4.1.1 General reauirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be .
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.1.2 Minimum scope of coveraae. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number Gl 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number Gl 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attached limiting the coverage.
4.1.3 Additional reauirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees. agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers. employees. agents. or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a ciaims-made basis.
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c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. Any failure of CONSUL TANTto comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail. return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Professional Liabilitv Insurance. Consultant, at Its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MilLION DOLLARS ($1,000,000).
4.2.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.2.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, 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 City.
4.2.3 The policy must contain a cross liability or severability of interest clause.
4.2.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
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expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
4.3.1 Acceptabilitv of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of coveraQe. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of ali required insurance policies, at any time.
4.3.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to ail of the
requirements stated herein.
4.3.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms of
such insurance are eithernot commercially available. or that the City's interests
are otherwise fully protected.
,D'
4.3.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approvai of City for the self-insured retentions and deductibles before
beginning any of the services or work cailed for by any term of this Agreement.
During the period covered by this Agreement, oniy upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self"insured retentions with respect to City, its officers, employees, agants, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond. guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in ail respects to each of
them.
4.3.6 Notice of Reduction in CoveraQe. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possibla
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opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment.
until Consultant demonstrates compliance with the requirements hereof; and/or
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hoid harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an empioyee of City. Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
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Section 6. STATUS OF CONSULTANT.
6.1 IndeDendent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enrollin the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Aqent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governina Law. The laws of the State of California shall govern this Agreement.
7.2 ComDliance with ADDlicable Laws. Consultant and any subcontractors shall comply with
all laws applicable tó the performance of the work hereunder.
7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall. at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses. permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Eaual ODDortunltv. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
Consulting Services Agreement between
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disability, medical condition, maritai status, sex, or sexuai orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or appiicant for any services or programs provided by Consultant under this
Agreement. Consultant shali comply with all applicable federal, state. and local iaws,
poiicies, rules, and requirements reiated to equal opportunity and nondiscrimination in
employment, contracting. and the provision of any services that are the subject of this
Agreement. including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consuitant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section B.
TERMINATION AND MODIFICATION.
B.1
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consuitant.
Consultant may cancel this Agreement upon thirty (30) days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may. in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shali have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension pertod.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by ali the
parties.
8.4 Asslanment and Subcontractlna. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior wrttten
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
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performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal. without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach bv Consultant. If Consultant materially breaches any of the terms
of this Agreement. City's remedies shall included, but not be limited to, the following:
Section 9.
9.1
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to compiete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to compiete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
KEEPING AND STATUS OF RECORDS.
Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts. studies, surveys, photographs, memoranda. plans, studies, specifications,
records, filas, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of tha Agreement. It is understood and
agreed that the documents and other materiais, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agrae that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2
Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices. vouchars, canceled checks, and other records or documents
avidancing or relating to charges for sarvices or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
raquired by law, from the date of final payment to the Consultant to this Agreement.
Consulting Services Agreement between
City of Dublin and Godbe Research Page 10 of 13
DRAFT
February 1, 2005
It.t \1
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requir,es Consultant to maintain shali be made availabie for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00). the
Agreement shali be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCEllANEOUS PROVISIONS.
10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief. to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shali be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severabllitv. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shali remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shali not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach, The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shali apply to and bind the successors and assigns of the parties,
10.6 Use of Recvcled Products. Consuitant shali prepare and submit ali reports, written
studies and other printed materiai on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consulting Services Agreement between
City of Dublin and Godbe Research Page 11 of 13
DRAFT
February 1, 2005
1'31:\:)17
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shaii have any financial interest in this
Agreement that would violate Caiifornia Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an ernployee, agent, appointee, or official of the City. If Consultant was an
ernployee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et,seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant wiii be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be dlsquaiified from holding public office in the State of Caiifornia.
10.8 Solicitation. Consultant agrees not to soiicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shaii be administered by the Community
Development Director ("Contract Administrator"). All correspondence shaii be directed to
or through the Contract Administrator or his 'designee.
10.10 Notices. Any written notice, to Consultant shall be sent to:
Godbe Research
Bryan Godbe
President
60 Stone Pine Road
Half Moon Bay, CA 94019
Any written notice to City shall be sent to:
City of Dublin
Attention: Community Development Director
100 Civic Plaza
Dubiin, CA 94568
10.11 InteQration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City
and Consultant and supersedes aii prior negotiations, representations, or agreements, either
written or oral.
10.12 Signature Page follows
Consulting Services Agreement between
City of Dublin and Godbe Research Page 12 of 13
DRAFT
February 1, 2005
I ~þt) \;
CITY OF DUBLIN
GODSE RESEARCH
Janet Lockhart, Mayor
Attest:
Kay Keck, City Clerk
Approved as to Form:
City Attorney's Office
J:\wpd\FORMSIAGRE\$\anclard consultant services agreement-2001.doc
Consulting Services Agreement between
City of Dublin and Godbe Research Page 13 of 13
DRAFT
February 1. 2005
I '3fb Iì
EXHIBIT A
SCOPE OF SERVICES
The study is to accomplish the following objectives:
· gather unbiased, representative data on the attitudes and opinions of City of Dublin residents and
businesses for specific housing needs, services and programs;
· ascertain the immediate needs of the community as well as housing needs over the next 15 to 20
years ;
· segment the findings by geographic area to uncover any differences between residents of various
neighborhoods;
· help prioritize a set list of potential housing programs based upon public opinion to determine
which will be further developed and implemented in the City;
· help uncover any potential housing programs that the City is not presently considering; and,
· gather additional attitudinal, demographic and behavioral information to ensure the sample taken
represents the profile of residents and businesses as compared to the latest avaitable census data.
The following are the tasks that the Consultant will be providing as part of this Agreement:
1. In-person meetings and conference calls as needed with City of Dublin Staff to discuss the
research objectives for the study, questionnaire design, and related topics.
2. Drafting a survey instrument for residents, estimated to be approximately 12-minutes in
length.
3. Refining the survey instrument for businesses, this is also estimated to be 12-minutes in
length.
4. Pre-testing the survey questionnaires.
5. Developing a random digit dial (ROD) sampling design of City of Dublin residents.
6. Developing a listed sample of City of Dublin businesses in a usable electronic format.
7. CA TI programming the survey instruments for efficient data collection.
8. Conducting telephone interviews with 400 residents in the City of Dublin.
9. Conducting telephone interviews with up to 100 businesses in the City of Dublin.
10. Processing the data collected according to strict quality control standards.
11. Producing complete cross-tabulations of the survey data.
12. Producing a written report of findings, which will include an executive summary, key findings
and conclusions, a discussion of the methodology employed in the study, a queslion-by-
question analysis of the survey results, and a complete set of crosstabulations.
13. In-person presentation of findings to the City of Dublin City Council.
Consulting Services Agreement between
City of Dublin and Godbe Research--Exhibit A
February 1, 2005
Page 1 of 3
1~t7
PROJECT COSTS
The following costs are associated with conducting a survey of residents and businesses in the City of
Dublin. Costs are based on a survey of 400 (n=400) City of Dublin residents and 100 (n=1 00) City of
Dublin businesses. The average length of each survey is estimated to be approximately 12-minutes in
length. Godbe Research will purchase a RDD sample of City residents, with an estimated incidence rate
of 70%, and will be provided a listed sample of City businesses in usable electronic format.
The costs provided below are firm and fixed as long as the scope of work conforms to this agreement and
the proposal and revised proposal submitted to the City of Dublin. The proposals are dated December
10, 2004 and January 11. 2005, respectively.
Survey of DUblin Residents (n=400)
Proiect Task
Random Sample
CATI Programming
Pretest
Telephone Interviewing
Data Processing
Research Fee
Project Management
Miscellaneous EXDenses
Total
Survey of Dublin Businesses (n=100)
proiect Task
Listed Sample Development
CATI Programming
Business Telephone Interviewing
Data Processing
Research Fee
¡>rQiec! Manaaement
Total
PROJECT TOTAL
J :lwpdIFORMSIAGRElstand.rd consultant se..lces agroomon'2001 ,doc
12-min.
$900.00
$640.00
$350.00
$5.900.00
$1.160.00
$7.250.00
$2.250.00
$500.00
$18,950.00
12-min.
$100,00
$540.00
$3,000.00
$620.00
$2,500.00
$500.00
$7.260.00
$26,210.00
February 1, 2005
Page 2 of 3
Consulting Services Agreement between
City of Dublin and Godbe Research-Exhibit A
11'6Qr?
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #:
New Appropriations (City Council Approval Required):
XX From Unappropriated Reserves fund # 380
From New Revenue:;;
Budget Transfers:
From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
aetween Departments (City Council Approval Required)
Other
DECREASE BUDGET ACCOUNT
AMOUNT . INCREASE BUDGET ACCOUNT
AMOUNT
Name:
Name:
Housing Pro~.s_
....-..........----.-.--.-.--.
Account:
Account: 380-50500-740,000
10,000
Name:
Name:
_......_.._..u... ..._..___._... ....._.__.___.._..__._.__.,."'..._....,.
... _......"._ __________ ._..________n..n. " . ...,. __.........
Account:
Account:
Name:
Name:
___..__n.__._._.u__ .......uo_.._. _._
.... ... .--.....---...-....-..-....---.,.-...-.- .-....----..--.---..-.-- -.--...-.....-..".
.. .._..ou....._....___._
Account:
Account:
Name:
Name:
________...____ ,,___..___.,......._.,._ ___..__.____..._....__....__.__..___._. __._._n_.._...
...__.._..__....n.__..._.____
Account:
Total
Account:
Total
10,000
Reason for Budget Change: Increase the original amount of the budget from $20.000 to NOT TO EXCEED $30.000 for the
Housing Needs Assessment consultant to Include a survey of the businesses in Dublin.
Fin Mgrl ASD: y .T~ L..r--
Signature
Date: ~J ¿ ç-! 05
City Manager:
Dale:
Signature
As AppnI'<ed at !be CII)' COIItIciI MeetinS on:
Mayor~
Dale:
Signature
Posted By:
Date:
Signature
ATTACHMENT .2.
G:\H.OUS1NG\STl~fRPTS\Cop)' of budge I change form
lof1
I rJ.5/1.005 9:31 AM