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HomeMy WebLinkAbout1986-09-02; City Council; Resolution 87841 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 1s 2c 21 22 2: 24 2: 26 27 2E RESOLUTION NO. 8784 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR PUBLIC EDUCATION PROGRAM ON PROPOSITIONS E, F, G AND H. WHEREAS, the City Council directed the City Manager to prepare a factual education program about four upcoming ballot measures, Propositions E, F, G & H; and WHEREAS, the City circulated requests for proposals to six communications agencies with public affairs experience and exper- tise in designing information programs; and WHEREAS, City staff recommends acceptance of scope of services provided by Joan Conrow; and WHEREAS, an appropriation of $14,800 is needed to carry out the public information education program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That City Council accepts the scope of services provided by Joan Conrow as a public information consultant to assist in the implementation of a public education program on Propositions E, F, G and H. 3. That the City Council appropriate $14,800 from the General Fund Contingency Account to the Public Information Budget. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 2nd day of September , 1986, by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin and Chick NOES: Council Member Pettine ABSENT: "-E ATTEST : ALETHA L. RAUTENKRANZ, City CQrk 3 &BIT ‘1~11 to Resolution No. f7s‘/ City of Carlsbad Voter Education Prolect Submitted by: Joan Conrow (coneultant) Scope of Work, Professional Fees end Tentative Timeline In planning and implementing the City of Carlsbad Voter Education Project, the consultant will have the following responsibilities: 1. Fully research the four ballot measures, including review of existing written background nateriale, interviews with city staff and elected officiala, interviews with 8pokeeperaons of community groups on all sides of each ballot meaeure, and review of newspaper clippings on the four ballot meaeures. 2. Prepare a factual, objective question and answer fact sheet on each ballot meaeure; end identify appropriate distribution aites for the fect sheeta. 3. Work with the city’s Public Information Officer to produce a direct-nail piece incorporating the four question and anewer fact sheeta. 4. Prapare a media distribution list, and pre9,sa kit containing fact eheati, financial date, profile6 of key 8pOk@f~per6On8, ballot language end eupporting argumente, and pertinent newspaper clips. 5. Work with the city’a Public Information Officer to develop a speakers bureau that include6 speakers repreaenting all side6 of the-four ballot measurets, and identizy community groups and organizations that may wieh to engage a epeaker. 6. Contact all identified community groups and organization8 to offer servicee. of speakers bureau. 6. Contact League of Women Voters or other neutral party to request sponsorship of debates on the two growth-related ballot meaauree; secure site for debates in two different geographical areas of the city; coordinate the production of the debates; end prepare new6 releaaes announcing the debatee. 7. Assist city’s Public Information Officer in media relations, and monitor media coverage. 8. Haintain contact with spokespersons of community groups directly involved in campaigning for or against the four ballot meaaures. 9. Work with the City’s Public Information Officer to plan reeponeee to situations that arise prior to the election. EXHIBIT “2 The City of Carlabad will have the following rcsponsibilitiea: 1. Production and printing of four question and answer fact sheets. 2. Production, printing and mailing of one direct-mail piece. 3. Distribution of all press releases. 4. Purchasing mailing lists from Registrar of Voters. 5. Issuing timely final approval of all written materials. 6. Providing consultant with ell available background materiala on the four ballot measures. 1. The city’s Public Information Officer will serve as the, consultant’s liaeon to the city, and shall secure approval of all written materials from the appropriate persons. 2. The consultant will meet weekly with the Public Information Officer through October 31. Otherwise, the consultant will work from her own office. Should the consultant have a need to work in City Hell, she will make arrangements for office space with the Public Information Officer. 3. The consultant shall be entitled to legal representation by the city in regard to all work performed for the city, at the city's direction. 4. Work will commence on August 25, 1986. Should the city council choose-not to approve the consultant’s contract, the conaultant will be reimburaed at an hourly rate of S50 for all work performed from Auguet 25, 1986 until the date of city council action. Otherwise, the city will pay the consultant’s fee in full by October 31, 1986. Based upon the scope of work outlined above and the immediacy of the deadlines, the consultant’s fee is S4,800. This fee includes travel tine and related expenses within the county, all meetings with city staff end officisla, attendance at all debates end selected meetinge, meeting8 with media repreeentatives and community groupa, research and enalysia, copywriting, revisions, and all other time spent in planning and implementing the Voter Education ProJect. Research: through Aug. 29. Proposed questions for all four fact eheeta: Sept. 2 First dreft of all four fact eheets: Sept. 8 Final draft of all four fact aheets: Sept. 12 or 15 Fact eheets to printer: Sept. 22 Press kit materials and distribution list to city: Sept. 19 Develop epeakers bureau; identify potential audiences: Sept. 15 Arrange apeaking engagements: ongoing Media relations: ongoing Dirtribute fact sheets: ongoing Direct-mail piece to printer: Sept. 30 Schedule debates: mid-October Drop dlrect-rail piece: Week of Oct. 20 EXHIBIT "Bfr to 0 Resolution No. J7Pj/ AGREEMENT FOR PUBLIC INFORMATION CONSULTING SERVICES THIS AGREEMENT, made and entered into as of the @*.day of WJ , 19&, by and between the CITY OF CARSRAD, a municipal corporation, hereinafter referred to as ''City," and 30AN COWOW hereinafter referred to as "Consultant." RE C IT ALS City requires the services of Joan Conrow to provide the necessary public information consulting services for preparation of written materials for a public education program to educate voters on November ballot Propositions E, F, G and H; and Consultant possesses the necessary skills and qualifications to provide the services required by City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and a Consultant agree as follows: (1) CONSULTANT'S OBLIGATIONS A. Fully resear& the four ballot measures, including review of existing written background materials, interviews with City staff and elected officials, intepiews with spokespersons of community groups on all sides of each ballot measure, and review of newspaper clippings on the four ballot measures. 8. Prepare a factual, objective question and answer fact sheet on each ballot measure; and identify appropriate distribution sites for the fact sheets. C. Work with the City's Public Information Officer to produce a direct- mail piece incorporating the four question and answer fact sheets. EXHIBIT "3" ;/ 0. Prepare a media distribution list, and press kit containing fact sheets, financial data, profiles of key spokesperson, ballot language and supporting arguments, and pertinent newspaper clips. E. Work with the City's Public Information Officer to develop a speakers burea that includes speakers representing all sides of the four ballot measures, and identify cmmunity groups and organizations that may wish to engaqe a speaker. F. Contact all identified community groups and organizations to offer services of speakers burea. G. Contact League of Women Voters or other neutral party to request sponsorship of debates on the two growth-related ballot measures; secure site for debates in two different geographical areas of the city; coordinate the production of the debates; and prepare news releases annmncing the debates. H. Assist.City's Public Information Officer in media relations, and mo ni to r medi a cove rage. I. Maintain contact with spokespersons of canmunity groups directly involved in campaigning for or aqainst the four ballot measures. 3. Work with the City's Public Information Officer to plan responses to situations that arise prior to the election. (2) CITY OBLIGATIONS The City of Carlsbad will have the following responsibilities: A. 6. Production, printiq and mailing of one direct-mail piece. C. Distribution of all press releases. D. Purchasing mailing lists fran Registrar of Voters. E. Issuing timely final approval of all written materials. F. Production and printing of four question and answer fact sheets. Providing consultant with all available background materials on the four ballot measures. ( 3) PROGRESS AND COMPLETION The work under this contract will begin within 10 days after receipt of notification to proceed by the City and be canpleted within time line contained in Consultant's proposal. Extensions of time may be granted if requested by the Consultant ad agreed to in writing by the City Manager. In consideration of such requests, the City Manager will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Consultant, or delays caused by City inaction or other agencies' lack of timely action. (4) FEES TO BE PAID TO CONSULTANT The lump sum fee payable shall be $4,800.00. No other canpensation for services will be allowed except those items covered by supplemental agreements per paragraph (6), Changes in Work. ( 5) PAYMENT OF FEES Payment of fees shall be made within thirty days after approval of the final drafts of all four fact sheets. (6) CHANGES IN WORK If, in the course of this contract, charqes seem merited by the Consultant or the City, and informal consultations with the other party indicate that a change in the cordit.ions of the contract is warranted, the Consultant or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City or Consultant to inform them of the proposed charges along with a statement of estimated charges in charges or time schedule. After reaching mutual agrement on the proposal, a supplemental agrement shall be prepared by the City ard approved by the City Council. Such supplemental agreement shall not rerder ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the City Manager who will inform the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. (7) The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting fran, the award or making this agreement. For breach or violation of this warranty, the City shall have the right to anrxll this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage , brokerage fee, gift or contingent fee. (8) NONDISCRIMINATION CLAUSE The Consultant shall comply with applicable State and Federal laws reg ardi ng n on-di sc rimina t io n . (9) TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this contract, the City may teninate this contract for nonperformance by notifying the Consultant by certified mail of the termination of the contract. The Consultant, thereupon, has five working days to deliver said documents owned by the City and all work in progress to the City Manager. documents delivered to City of the percentage of work which the Consultant has The City Manager shall make a determination of fact based upon the performed which is usable and of worth to the City in having the contract completed. Rased upon that finding as reported to the City Council, the Council shall determine the final payment of the contract. ( IO) DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. questions, if they became identified as a part of a dispute among persons operating under the provisions of this contract, shall be reduced to writing by the Consultant or the City Manqer. A copy of such documented dispute shall be forwarded to both parties involved alorg with recanmended methods of resolution which would be of benefit to both parties. receiving the letter shall reply to the letter alorg with a recommended method of resolution within ten days. unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manqer. to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, altbugh nothing in this procedure shall prohibit the Such The City Manager or Consultant If the resolution thus obtained is The City Council may then opt to consider the directed solution parties seeking renedies available to them at law. (11) RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional services per the scope of work in the Consultants proposal ad any payments made to Consultant are canpensation solely for such services. (12) (See attached Exhibit "A".) SUSPENSION OR TERMINATION OF SERVICES This agrement may be terminated by either party upon tendering 30 days written notice to the other party. termination, upon request of the City, the Consultant shall assemble the work product and put same in order for proper filing ad closing and deliver said product to City. In the event of such suspension or In the event of termination, the Consultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed totdl maximum. The City shall make the final determination as to the portions of tasks completed and the compensation to be made. Compensation to be made in compliance with the Code of Federal Regulations. (1 3) STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accqnplished and .the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the consultant pursuant to this contract shall be the full and complete compensation to which the consultant is entitled pursuant this contract. The City shall not make any federal or state tax withholdings on behalf of the consultant. The City shall not be required to pay any workers compensation insurance on behalf of the consultant. City for any tax, retirement contribution, social security, overtime payment, workers compensation payment which the City may be required to make on behalf of consultant or any employee of consultant for work done under this agreement. ( 14) OWNERSHIP OF DOCUMENTS The consultant agrees to indemnify the . All written materials are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all written materials shall be delivered forthwith to the City. Consultant shall have the right to make one copy of the plans for his/her records. -- id ( 15 ) HOLD HARMLESS AGREEMENT In the event that litigation is commenced by third parties with respect to any acts or omissions by City or Consultant pursuant to this agrement, City shall assume the defense of each of the parties and shall indemnify Consultant against any losses, including attorney's fees, reasonably incurred by reason of Consultant's performance under this agrement. Furthermore, should Consultant be required to appear for depositions, trial. preparation, settlement discussions, trial testimony or the like, City shall pay all expenses, including attorney's fees, travel and lodging, reasonably incurred by Consultant in connection with said appearances as well as Consultant's then hourly rate for public agency clients. (16) ASSIGNENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies due thereunder witbut the prior written consent of the City. (17) SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the acts ad missions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and missions of persons directly employed by Consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant ad the City. subcontractor ad every subcontractor of a subcontractor by the terms of this contract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. The Consultant shall bind every ( 18) VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during, or after the execution of this contract, shall affect or modify any of the terms or obliqations herein contained nor such verbal agreement or conversation entitle the Consultant to any additional payment whatsoever under the terms of this contract. (19) SUCCESSORS OR ASSIGNS Subject to the provisions of paragraph (151, Hold Harmless Agreement, all terms, conditions, and prwisions hereof shall insure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. (20) EFFECTIVE DATE This agreement shall be effective on and fran the day and year first above written. (21) CONFLICT OF INTEREST The Consultant shall file a conflict of interest statement with the City Clerk of the City of Carlsbad. The Consultant shall report investments or interests in real property. IN WITNESS WHEREOF, we have heranto set our hands and seals. CITY OF CARLSBAD Attachment, Exhibit “A”, Scope of Work, Joan Conrow