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Public Research Group/Community Needs Assessment 15May 5, 2015 Tod I Stanton 78671 Gorham lane Palm Desert, CA 92211 Re; Professional Services Contract Dear Tod, This letter will memorialize a Contract for Services between Public Research Group "Consultant"I and the City of La Quinta I"City" I for survey services relating to community needs assessment I"Services"�, Consultant shall provide Services as specified in the Scope of Work set forth in Exhibit A which is incorporated herein by this reference and expressly made a part hereof, at the rate set forth therein, Total project cost, including all reimbursable expenses, shall not exceed $18,000 as specified in the Schedule of Compensation set forth in Exhibit B which is incorporated herein by this reference and expressly made a part hereof, Consultant shall submit monthly invoices pursuant to the terms set forth in Exhibit B, until completion of the Services, Consultant is an independent contractor, Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth herein. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role, Consultant shall have no power to incur any debt, obligation, or liability on behalf of City, Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant and any of its employees, agents, and subcontractors providing Services under this contract shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System I"PERS"I as an employee of Public Research Group Professional Services Contract May 5, 2015 Page 2 of 15 City and entitlement to any contribution to be paid by City for employer contributions andlor employee contributions for PERS benefits, Consultant agrees to pay all required taxes on amounts paid to Consultant under this contract, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this contract, Consultant shall fully comply with the workers' compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws, City shall have the right to offset against the amount of any fees due to Consultant under this contract any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. Prior to the beginning of any Services under this contract and throughout the duration of the term of this contract, Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this contract, policies of insurance as specified in the Insurance Requirements set forth in Exhibit C which is incorporated herein by this reference and expressly made a part hereof, To the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, employees, agents, and volunteers as specified in the Indemnification set forth in Exhibit D which is incorporated herein by this reference and expressly made a part hereof, City may at any time, for any reason with or without cause suspend or terminate this contract upon the issuance of a ten 1101 day notice by City. Upon receipt of such notice, Consultant shall cease all Services under this contract. City shall pay Consultant for Services performed up to the time of termination and all work products shall be provided to City, This contract shall commence on May 18, 2015 and shall remain and continue in effect until the Services are completed or it is terminated, but no later than September 1, 2015, without written approval of the City Manager, Should you find this contract acceptable, please sign both original copies where indicated below and return to me, An original fully -executed copy of this contract will be forwarded to you. Public Research Group Professional Services Contract May 5, 2015 Page 3 of 15 Sincerely, Digitally signed by Frank J. Spevacek DIN: serialNumber=i n615nh01202cvmj, c=US, st=California, I=La Quinta, o=Frank J.Spevacek,cn=FrankJ.Spevacek Date: 2015.06.22 10:48:30-07'00' Frank J. Spevacek, City Manager APPROVED AS TO FORM: WILLIAM H. IHRKE City Attorney AGREED AND ACCEPTED: Dated: x5 ` 7' 1 ATTEST: Digitally signed by City of La Quinta ON sell, IN" c US, st=Calfornia, l=La Quinta, 1 o ty of La Quinta, cn=City of La Qu ota Date: 2015,06.22 12:54:42-07'00' SUSAN MAYSELS City Clerk Public Research Group By: Tod J. Stanton, Senior Partner Public Research Group Professional Services Contract May 5, 2015 Page 4 of 15 Exhibit A Scope of Services A. Project Start Up & Goals & Objectives Formulation Public Research Group will meet with the appropriate agency staff & invited 101 C. members to fully define the work plan, including initial survey goals & objectives, as it relates specifically to the task, along with finalizing the schedule, The purpose of this start up meeting is to establish project and meeting schedules, develop a preliminary set of survey questions as well as request documentation, We will work with staff to define an action plan for survey participants and content, Total number of meetings for this step:1 Focus Group Meeting Public Research Group will host a meeting bringing key leaders together to identify and prioritize issues, needs and opportunities to gather additional data, Total number of meetings for this step:1 Community Needs Survey Public Research Group will administer a community based resident survey and the results will be shared with the community via City website and a City Council meeting, A random sample of 500 total household returns will be sufficient for the size of your community for a 95% confidence level and +I44% confidence interval, We will utilize a mail, telephone, and e-mail survey of up to 30 questions in length to gather data from the questionnaire. The breakdown includes; Mail survey; Target return rate is 300 responses Telephone survey; Target return rate is 100 responses Public Research Group Professional Services Contract May 5, 2015 Page 5 of 15 E-mail survey: Target return rate is 100 responses We will then layer the data between the survey results to formalize a stronger confidence in the survey findings. Specific tasks include: i Develop a custom database random sample of La Guinta residents households broken down by geographic community regions i Further explore the breakdown by political subregions such as districtslprecincts i Finalize the sample with geo-coding and survey methodology including methods for successful response rates a Develop the survey instrument, The survey questions can be reviewed by staff and edited as many times as needed for approval i Pre -test the survey s Administer the mail survey including all printing and postage i Administer the telephone survey s Administer the e-mail survey Track response rates and administer back-up sample in areas not performing to hit target and complete sample requirements s Enter data into SPSS 1 Perform data analysis on raw survey results s Generate findings of raw data including graphs, tables and cross tabular comparison i Prepare survey maps highlight key question findings Compare key findings using benchmarking process of past surveys for trend analysis Public Research Group Professional Services Contract May 5, 2015 Page 6 of 15 Total number of meetings for this step:1 D. Mindmixer On-line Engagement Public Research Group includes the use of the MindMixer Virtual Town Hall for an online community engagement service, The simple virtual platform generates a broader audience and creates more effective community participation, leading to measurable results and valuable insights from the community. E. Analysis of Findings & Report Public Research Group will compile all relevant data from the survey instrument into a comprehensive findings report with an emphasis on data interpretation. A presentation to the City Council of the findings will be made at a regularly scheduled board meeting, We will prepare 5 final copies plus a digital PDF file for electronic use, Total number of meetings for this step:1 Public Research Group Professional Services Contract May 5, 2015 Page 1 of 15 BE Schedule of Compensation The scope below has been broken down with a lump sum fee approach. The total to complete items A•E is $18,000,00, Reimbursable expenses are included in our 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 Client prior to commencing the work, Task lump Sum Fee A, Project Start Up & Goals & $1,500.00 Objectives Formulation B. Focus Group Meeting $1,000.00 C. Community Needs Survey $12,000.00 D. MindMixer On-line Engagement $1,000.00 E, Analysis of Findings & Report $2,500.00 Total $18,000.00 A total of 4 formal site visits are included in our base fee, 2015 Hourly Billing Rates: An hour rate will apply for any additional work requested in writing by the Client, Principal Consultant: Technical Staff: Administrative Staff: $150,00 per hour $ 85,00 per hour $ 45.00 per hour Public Research Group Professional Services Contract May 5, 2015 Page 8 of 15 Exhibit C nsurance Requirements C.1 Insurance, Prior to the beginning of and throughout the duration" of this contract, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with AN, Best ratings of no less than A•,UI, Commercial General Liability (at least as broad as ISO CG 00P $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this contract, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this contract, The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured Ion the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this contract, If Consultant or Public Research Group Professional Services Contract May 5, 2015 Page 9 of 15 Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person, The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semitrailer designed for travel on public roads, The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this contract, The policy limit shall be no less than $1,000,000 per claim and in the aggregate, The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend, The policy retroactive date shall be on or before the effective date of this contract, Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease, Consultant shall provide written notice to City within ten 110I working days if; 11I any of the required insurance policies is terminated;12l the limits of any of the required policies are reduced; or 131 the deductible or self -insured retention is increased, In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer, The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. C,2 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; a, Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this contract. Public Research Group Professional Services Contract May 5, 2015 Page 10 of 15 b, Order Consultant to stop work under this contract andlor withhold any paymentlsl which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof, C. Terminate this contract, Exercise of any of the above remedies, however, is an alternative to any other remedies City may have, The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements, Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this contract, U General Conditions Pertaining to Provisions of Insurance Cov( Consultant, Consultant and City agree to the following with respect to insurance provided by Consultant. 1, Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No, CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise, 2. No liability insurance coverage provided to comply with this contract shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this contract are intended to apply to the full extent of the policies, Nothing contained in this contract or any other contract relating to City or its operations limits the application of such insurance coverage, 4, None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Public Research Group Professional Services Contract May 5, 2015 Page 11 of 15 5, No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor, 6. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises, Consultant shall not make any reductions in scope of coverage (e,g, elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent, 1. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this contract, In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other contract and to pay the premium, Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option, 8. It is acknowledged by the parties of this contract that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City, 9, Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant, Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all contracts with subcontractors and others engaged in the project will be submitted to City for review, 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not Public Research Group Professional Services Contract May 5, 2015 Page 12 of 15 allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this contract to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to City, At that time City shall review options with Consultant, which may include reduction or elimination of the deductible or self• insured retention, substitution of other coverage, or other solutions. 11, City reserves the right at any time during the term of this contract to change the amounts and types of insurance required by giving Consultant ninety 1901 days advance written notice of such change, If such change results in substantial additional cost to Consultant, City will negotiate additional compensation proportional to the increased benefit to City, 12, For purposes of applying insurance coverage only, this contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this contract, 13, Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard, 14, Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this contract. This obligation applies whether or not this contract is canceled or terminated for any reason, Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable, A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five I5) days of the expiration of coverages, Public Research Group Professional Services Contract May 5, 2015 Page 13 of 15 16, The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this contract. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17, Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy, Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive, 18, These insurance requirements are intended to be separate and distinct from any other provision in this contract and are intended by the parties here to be interpreted as such. 19, The requirements in this Exhibit supersede all other sections and provisions of this contract to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20, Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements, There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21, Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this contract, City assumes no obligation or liability by such notice, but has the right Ibut not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, Public Research Group Professional Services Contract May 5, 2015 Page 14 of 15 Exhibit C ndemnification DJ General Indemnification Provision, a. Indemnification for Professional Liability, When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by Cityl, and hold harmless City and any and all of its officials, employees, and agents I"Indemnified Parties" I from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or of any subcontractor►, costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors Ior any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this contract. With respect to the design of public improvements, Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of Consultant. b, Indemnification for Other Than Professional Liability, Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend Iwith counsel selected by Cityl, and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this contract by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, or subcontractors of Consultant, Public Research Group Professional Services Contract May 5, 2015 Page 15 of 15 D,2 Standard Indemnification Provisions, Consultant agrees to obtain executed indemnity contracts with provisions identical to those set forth herein this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this contract, In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this Exhibit, Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder, This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this contract or this section, a, limitation on Indemnity, Without affecting the rights of City under any provision of this contract, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by contract between the parties or by the findings of a court of competent jurisdiction, In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. .� N MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Tustin K. Larson, Marketing & Events Supervisor DATE: June 1, 2015 RE: Agreement for Community Needs Survey Attached for your signature are two (2) original agreements. Please sign both originals and return them to the City Clerk for processing and distribution.