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Public Research Group/Resident Recreation 1740a GEM of the IDESEIZT CITY OF LA QUINTA SHORT -FORM SERVICES AGREEMENT ($25,000 OR LESS) 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of March, 2017, ("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78-495 Calle Tampico, La Quinta, CA ("City") and Public Research Group, a Limited Liability Corporation with its principal place of business at 1280 Iroquois Ave, Suite 110, Naperville, IL ("Vendor"). City and Vendor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the attached Exhibit "A". 3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit "B". 4. TERM. The term of this Agreement shall be from March 2017 to June 2017, unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and Procedures this Agreement is exempt from the five (5) year limitation. 5. COMPENSATION. Vendor shall receive compensation for services rendered under this Agreement at the rates and schedule set forth in the attached Exhibit "C" but in no event shall Vendor's compensation exceed Seven Thousand Three Hundred Fifty Dollars ($7,350) per fiscal year (July 1 to June 30) without written amendment. 6. FORCE MAJEURE. The time period specified for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Vendor including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Vendor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in their judgment such delay is justified, and the City's determination shall be final and conclusive upon the parties to this Agreement. Extensions to time periods for performance of services, which are determined by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional compensation unless City expressly agrees to an increase in writing. 1 7. INSURANCE. In accordance with Section 4 of Exhibit "A", Vendor shall, at its expense, procure a nd maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies to the City. Vendor shall obtain policy endorsements on Commercial General Liability Insurance that name Additional Insureds as follows: The City of La Quanta, its. officers, officials, employees and agents. Commercial General Liability Insurance: 11 $1,000,000 per occurrence/$2,000,000 aggregate Q� ❑ $2,000,000 per occurrence/$4,000,000 aggregate. Automobile Liability: ® $1,000,000 combined single limit for bodily injury and property damage. Workers' Compensation: • Statutory Limits / Employer's Liability $1,000,000 per accident or disease. Professional Liability (Errors and Omissions): ❑ Errors and Omissions liability insurance with a limit of not Tess than $1,000,000 per claim. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the clay and year first above written. CITY OF LA QUINTA PUBLIC RESEARCH GROUP Digitally signed by Chris Escobedo Date: 2017.06.23 13:40:27 -0700' By: By: Chris Escobedo Community Resources Director Required for over $15,000: By: By: To J. Stanton Senior Partner OWNER/OFFICER NAME City Manager OWNER/OFFICER TITLE 2 EXHIBIT "A" TERMS AND CONDITIONS 1. Compensation. Vendor shall be paid on a lime and materials or lump sum basis, as may be set forth in Exhibit "C", within 30 days of completion of the Work and approval by the City. 2. Compliance with Law. Vendor shall comply with all applicable laws and regulations of the federal, state and local government. Vendor shall assist the City, as requested, in obtaining and maintaining all permits required of Vendor by Federal, Stale and local regulatory agencies. Vendor is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her Work, 3, Standard of Care. The Vendor shall perform the Work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession practicing under similar conditions. 4. Insurance, The Vendor shall take out and maintain, during the performance of all work under this Agreement: A. Commercial General Liability Insurance in the amounts specified in Section 6 of the Agreement for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001), and if no amount is selected in Section 6 of the Agreement, the amounts shall be $1,000,000 per occurrencel$2,000,000 aggregate; 8. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non -owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 6/92) covering automobile liability, Code 1 (any auto); C. Workers' Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per accident or disease. Vendor shall also submit to City a waiver of subrogation endorsement in favor of city, and D. Professional Liability (Errors and Omissions) coverage, if checked in section 6 of the Agreement, with a limit not less than $1,000,000 per claim and which shall be endorsed to include contractual liability. Insurance carriers shall be authorized by the Department of Insurance, State of California, to do business in California and maintain an agent for process within the state. Such insurance carrier shall have not less than an "A"; "Class VII" according to 26529.00000191017312 A-1 the latest Best Key Rating unless otherwise approved by the City, 5. Indemnification, The Vendor shall Indemnify and hold harmless the City, its Council, members of the Council, agents and employees of the City, against any and all claims, liabilities, expenses or damages, Including responsible attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, or any claim of the Vendor or subcontractor for wages or benefits which arise in connection with the performance of this Agreement, except to the extent caused or resulting from the active negligence or willful misconduct of the City, its Council, members of the Council, agents and employees of the City, The foregoing indemnity includes, but is not limited to, the cost of prosecuting or defending such action with legal counsel acceptable to the City and the City's attorneys' fees incurred in such an action, 6, Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California, If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California, 7. Termination. The City may terminate the services procured under this Agreement by giving 10 calendar days written notice to Vendor. In such event, the City shall be immediately given title and possession to any original field notes, drawings and specifications, written reports and other documents produced or developed for the services. The City shall pay Vendor the reasonable value of services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. Vendor may terminate its obligation to provide services under this Agreement upon 30 calendar days' written notice to the City only in the event of City's failure to perform in accordance with the terms of this Agreement through no fault of Vendor. 8. Agreement Terms. Nothing herein shall be construed to give any rights or benefits to anyone other than the City and the Vendor. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the parties to the addresses set forth in the Agreement. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason, Vendor is retained as on Independent contractor and is not an employee of the City. No employee or agent of Vendor shall become an employee of the City. The Individuals signing this 26529.0000019101737,2 A-2 Agreement represent that they hove the authority to sign on behalf al the parties and bind the parties to this Agreement, This is on Integrated Agreement representing the entire understanding of the parties as to diose mutters coniolned herein, and supersedes and cancels any prior oral or written understanding or representations with respect to mutters covered hereunder, This Agreement may not be modified or altered except In writing signed by both potties hereto. 1280 Iroquois Avenue Suite 110 Naperville, Illinois 60563 Phone: 630-606-0776 April 4, 2017 Mr. Tustin K. Larson, Community Resources Manager City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Professional Services for 2017 City of La Quinta North Resident “Quad 1” Survey Proposal (Proposal Number: 17-787X) Dear Tustin, We are pleased to have this opportunity to provide this proposal for our possible involvement for a survey of residents of north La Quinta located north of route 111. SCOPE OF SERVICES: The Public Research Group has broken the following items above into a series of outlined steps to be included as professional services based on our initial discussions. Further refinement and definition of the scope of services if needed, can be developed in future stages of contract negotiation. A. Northern Resident Recreation Facilities & Leisure Services Survey A resident survey will be taken and the results will be shared with the City Council meeting. The focus of this survey is to gain insight into the types of recreation services and facilities within this area of the community. We believe a survey is a valuable tool to provide validity to any decision that could impact the community. By using this tool, staff and elected officials can feel confident about making decisions based on real, relevant data. We have pulled a random sample of the northern portion of the city that has yielded approximately 6,000 residents. A total of 200 total household returns that will yield a 95% confidence level with a +/- 6.8% confidence interval. The City of La Quinta will provide a resident list that will include email addresses. We will utilize a survey instrument of up to 10 questions in length to gather data from the approved questionnaire. We will primarily utilize a mail survey and e-mail survey approach with the option of a small telephone survey to obtain our sample. We will then layer the data between the survey results to formalize a stronger confidence in the survey findings. Specific tasks include;  Develop the survey questions with feedback from the city staff 1280 Iroquois Avenue Suite 110 Naperville, Illinois 60563 Phone: 630-606-0776  Finalize the sample with geo-coding and survey methodology including methods for successful response rates  Finalize the survey instrument  Administer the survey  Track response rates  Complete sample requirements of pledged survey responses  Perform data analysis on raw survey results  Generate preliminary report of findings Total number of meetings for this step: 1 B. Final Analysis of Findings & Report We will compile all relevant survey data into a final findings report. We will also present this information to the City Council. We will prepare a PDF digital file for project use. Total number of meetings for this step: 1 Items needed from the City: We request the following items from the City to assist in our work with you:  Current GIS information regarding parcels and property ownership  Current excel file of email addresses of residents who have opted in to receive city wide emails In the event that the scope of work increases during the course of the project, additional time will be allotted to provide that work. We will require scope of work changes in writing and approval of an add service. WORK SCHEDULE: We will complete this project within 2 months of written proposal acceptance by the City of La Quinta. 1280 Iroquois Avenue Suite 110 Naperville, Illinois 60563 Phone: 630-606-0776 FEES: The scope below has been broken down with a lump sum fee approach. All reimbursable expenses are included in the lump sum fee. Any work outside of the services listed in this proposal will be handled on an hourly basis with a budget allowance approved by the agency prior to commencing the work. Task Lump Sum Fee A. Northern Resident Recreation Facilities $6,150.00 & Leisure Services Survey B. Final Analysis of Findings & Report $1,200.00 Total $7,350.00 2017 BILLING RATES: An hour rate will apply for any additional work requested in writing by the agency. Principal Consultant: $150.00 per hour Technical Staff: $85.00 per hour Administrative Staff: $45.00 per hour If you have any questions, please feel free to call me at 630-606-0776. We look forward to hearing from you soon. If the above scope of work and terms are acceptable, please sign below and return one copy. An executed copy of this proposal will serve as our binding agreement between both parties. This proposal expires for the scope of work outlined after April 7, 2017. __________________________________________________________ Authorized Representative Date City of La Quinta 4/4/17 _________________________________________________________ Mr. Tod J. Stanton, Senior Partner Date Public Research Group, LLC 1280 Iroquois Avenue Suite 110 Naperville, Illinois 60563 Phone: 630-606-0776 TERMS & CONDITIONS: A. Standard of Care – The standard level of care for professional services performed by Consultant under this Agreement will be the skill and care used by members of Consultant’s profession practicing under similar circumstances at the same time and locality. B. Indemnification – Client and Consultant each agree to identify and hold harmless, and their respective officers, employees, agents and representatives, from and against liability for all claims, losses, damages and expenses, including reasonable attorney fees and court costs, to the extent such claims, losses, damages, or expenses are caused by the indemnifying party’s negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused by joint or concurrent negligence of the Client and Consultant, they shall be borne by each party in proportion to its negligence. All claims shall be limited to the contract value for this Agreement’s scope of service. C. Dispute Resolution – Client and Consultant agree that they shall first submit any and all unsettled claims, counter claims, disputes, and other manners in question arising out of or related to this Agreement to mediation in accordance with industry rules of American Arbitration Association, effective as of the date of this agreement. D. Termination of Contract – Client may terminate this Agreement with seven days prior written notice to Consultant for convenience or cause. Consultant may terminate this Agreement with seven days prior written notice to Client. Upon termination of the contract, Client will pay for services delivered as well in progress up to the date of the termination of the contract. Failure of Client to make payments when due shall be cause for suspension of services and ultimately termination. E. Force Majeure – Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without negligence. F. Ownership of Documents – Use of the documents by Client without permission shall be at the Client’s sole risk. G. Payment – We will invoice this project on a 30-day cycle. Prompt payment is expected within 30 days of invoice receipt. If payment is not received within 45 days, the project may be placed on an inactive status until the account is in good standing. INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 04/04/2017 USI Ins Srvcs LLC Euclid-Prof 2021 Spring Road, Suite 100 Oak Brook, IL 60523 312 442-7200 630 625-5219 610 537-4939 laurie.cloninger@usi.com Public Research Group LLC 1280 Iroquois Ave Ste 110 Naperville, IL 60563 Travelers Casualty Ins Co of Am Travelers Indemnity Company Travelers Casualty & Surety Co. 19046 25658 31194 A X X X 680587M8834 12/01/2016 12/01/2017 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 A X X 680587M8834 12/01/2016 12/01/2017 1,000,000 B Y UB002J798542 03/06/2017 03/06/2018 X 1,000,000 1,000,000 1,000,000 C Professional Liability 105530188 12/01/2016 12/01/2017 $1,000,000 each claim / annual aggregate Professional Liability is written on a 'claims made' policy form. Some or all officers are excluded from the Workers Compensation Coverage. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of La Quinta only when there is a written contract that requires such (See Attached Descriptions) City of La Quinta Attn: Mr. Tustin K Larson Marketing & Events Supervisor 78495 Calle Tampico La Quinta, CA 92253 1 of 2 #S20009532/M20009521 PUBLIRESClient#: 845913 NZGAA 1 of 2 #S20009532/M20009521 SAGITTA 25.3 (2014/01) DESCRIPTIONS (Continued from Page 1) status, and only with regard to work performed on behalf of the additional insured. The General Liability policy contains a special endorsement with "Primary and Noncontributory" wording, as required by written contract. The General Liability and Workers Compensation policies provide Blanket Waiver of Subrogation as required by written contract. 2 of 2 #S20009532/M20009521 POLICY NUMBER: 680587M8834 POLICY TERM: 12/01/2016 - 12/01/2017 Policy Term: 12/01/2016 - 12/01/2017 POLICY TERM: 03/06/2017 - 03/06/2018 TO: Chris Escobedo, Community Resources Director FROM: Tustin K. Larson, Community Resources Manager DATE: April 4, 2017 RE: Agreement with Public Research Group Attached for your signature is the agreement with Public Research Group for services related resident recreation facilities and leisure services survey for north La Quinta (Quad 1). Please sign the attached agreement(s) and return to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-3005-60104 X Amount of Agreement, Amendment, Change Order, etc.: $7,350.00 N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with _____ no reportable interests in LQ or ____ reportable interests N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: N/A Approved by the City Council on _______________________ X Director’s signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $5,001 to $50,000 during the initial term N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on _____________ date) N/A Performance bonds as required by the agreement (originals) X City of La Quinta Business License number LIC-762860 N/A Purchase Order number ______________________