HomeMy WebLinkAbout1986-09-02; City Council; 8753; Authorization of funds expenditure for educationCIT OF CARLSBAD — AGEND BILL
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MTG 9/2/86
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TITLE:
AUTHORIZATION FOR EXPENDITURE OF FUNDS
FOR PUBLIC EDUCATION PROGRAM
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RECOMMENDED ACTION:
The City Manager recommends adopting Resolution No. ^"7'f*r
appropriating $14,800 for implementation of a public information
program for November ballot Propositions E, F, G and H, and
authorizing a contract with Joan Conrow for consultant services.
ITEM EXPLANATION;
On July 15, 1986, City Council directed the City Manager to
prepare a factual education program about four upcoming ballot
measures, Propositions E, F, G and H.
To that end, the City circulated requests for proposals to
six communications agencies with public affairs experience
and expertise designing information programs. The City clearly
indicated in its scope of services its "intent to present strictly
factual material to the public to better enable voters to understand
the substance of each of the ballot measures.". Further, the
RFP states "program material shall not in any way advocate
positions on any of the ballot measures.".
Three proposals were received. Staff negotiated" a contract
with Joan Conrow and recommends acceptance of her pjian. Highlights
from the scope of services include:
1. Research on each ballot measure, including interviews
with spokespersons of community groups as well as City
staff and elected officials;
2. Preparation of factual objective question/answer fact
sheets for each measure and indentification of appropriate
distribution sites for fact sheets;
3. Assistance with production of one direct-mail piece
incorporating the four fact sheets;
4. Preparation of press kits containing fact sheets, financial
data, profiles of key spokespersons, ballot language
and arguments and pertinent newspaper clippings for H
all four issues;
5. Organization of a Speakers Bureau that includes representa-
tives from all sides of the four ballot measures.
Page 2 of Agenda Bill No.
6. Coordination of two debates with the League of Women
Voters, or another impartial group, to air opposing
views on the two growth related ballot measures. The
debates would be held at two different geographic
locations in Carlsbad.
The City would be responsible for:
1. Production, printing and mailing of four question/answer
fact sheets.
2. Production, printing and mailing of one direct -mail
piece.
3. Distribution of all news releases.
4. Issuing final approval of all written materials.
5. Providing consultant with all available background
materials on all four ballot issues.
FISCAL IMPACT:
$ 4,800 consultant services.
5,000 printing.
3,000 mailing one public information piece on ballot Propositions
E, F, G and H.
2,000 graphic services.
$14,800
A transfer of $14,800 from the General Fund Contingency Account
is necessary to support this provision. This will reduce the
balance in the Contingency Account to $1,139,440.
EXHIBITS:
1. Resolution No.
2. City of Carlsbad Voter Education Project - Scope of Work
submitted by Joan Conrow
3. Agreement for Public Information Consulting Services
1 RESOLUTION NO. 8784
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS FOR PUBLIC
3 EDUCATION PROGRAM ON PROPOSITIONS E, F, G AND H. _
4 WHEREAS, the City Council directed the City Manager to prepare
5 a factual education program about four upcoming ballot measures,
6 Propositions E, F, G & H; and
7 WHEREAS, the City circulated requests for proposals to six
8 communications agencies with public affairs experience and exper-
9 tise in designing information programs; and
10 WHEREAS, City staff recommends acceptance of scope of services
11 provided by Joan Conrow; and
12 WHEREAS, an appropriation of $14,800 is needed to carry out the
13 public information education program.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
15 of Carlsbad as follows:
16 1. That the above recitations are true and correct.
17 2. That City Council accepts the scope of services provided
by Joan Conrow as a public information consultant to assist in the
18 implementation of a public education program on Propositions E, F,
G and H.
19
3. That the City Council appropriate $14,800 from the General
20 Fund Contingency Account to the Public Information Budget.
21 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
22 Council on the 2nd _ day of September 1986, by the
23 following vote to wit :
24 AYES: Council Members Casler, Lewis, Kulchin and Chick
NOES' Council Member Pettine25
ABSENT: None ^J t
" -26 ATTEST :
MARY H CASLER, Mayor
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28 ALETHA L~ RAUTENKRANZ, City C
r OBIT "A" to
Resolution No.
City of Carlabad Voter Education Project
Scope of Work, Professional Fees and Tentative Timeline
Submitted by: Joan Conrow (consultant)
SCOPE OF WORK
In planning and implementing the City of Carlabad Voter
Education Project, the consultant will have the following
responsibilities:
1. Fully research the four ballot measures, including review of
existing written background materials, interviews with city
staff and elected officials, interviews with spokespersons of
community groups on all sides of each ballot measure, and
review of newspaper clippings on the four ballot measures.
2. Prepare a factual, objective question and answer fact sheet
on each ballot measure; and identify appropriate distribution
sites for the fact sheets.
3. Work with the city's Public Information Officer to produce a
direct-mail piece incorporating the four question and answer
fact sheets.
4. Prepare a media distribution list, and press kit containing
fact sheets, financial data, profiles of key spokespersons,
ballot language and supporting arguments, and pertinent
newspaper clips.
5. Work with the city's Public Information Officer to develop a
speakers bureau that includes speakers representing all sides
of the four ballot measures, and identify community groups and
organizations that may wish to engage a speaker.
6. Contact all identified community groups and organizations to
offer services of speakers bureau.
6. 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 announcing the debates.
7. Assist city's Public Information Officer in media relations,
and monitor media coverage.
8. Maintain contact with spokespersons of community groups
directly involved in campaigning for or against the four ballot
measures.
9. Work with the City's Public Information Officer to plan
responses to situations that arise prior to the election.
EXHIBIT "2"
The City of Carlsbad will have the following responsibilities:
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 all available background materials
on the four ballot measures.
GENERQL TERMS
1. The city's Public Information Officer will serve as the
consultant's liaaon 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 Hall, 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
consultant will be reimbursed at an hourly rate of $5O for all
work performed from August 25, 1986 until the date of city
council action. Otherwise, the city will pay the consultant's
fee in full by October 31, 1986.
PROFESSIONS!- FEES
Based upon the scope of work outlined above and the immediacy
of the deadlines, the consultant's fee is $4,80O. This fee
includes travel time and related expenses within the county,
all meetings with city staff and officials, attendance at all
debates and selected meetings, meetings with media
representatives and community groups, research and analysis,
copywriting, revisions, and all other time spent in planning
and implementing the Voter Education Project.
TENTQTIVE TIMELINE
Research: through Aug. 29.
Proposed questions for all four fact sheets: Sept. 2
First draft of all four fact sheets: Sept. S
Final draft of all four fact sheets: Sept. 12 or 15
Fact sheets to printer: Sept. 22
Press kit materials and distribution list to city: Sept. 19
Develop speakers bureau; identify potential audiences: Sept. 15
Arrange speaking engagements: ongoing
Media relations: ongoing
Distribute fact sheets: ongoing
Direct-mail piece to printer: Sept. 30
Schedule debates: mid-October
Drop direct-mail piece: Week of Oct. 20
EXHIBIT "B" to
Resolution No.
AGREEMENT FOR PUBLIC INFORMATION
CONSULTING SERVICES
THIS AGREEMENT, made and entered into as of the /^ day of
u^ , 19 , by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and 30AN CONROW hereinafter
referred to as "Consultant."
RECITALS
City requires the services of Ooan 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 '5 OBLIGATIONS
A. Fully research the four ballot measures, including review of existing
written background materials, interviews with City staff and elected officials,
interviews with spokespersons of community groups on all sides of each ballot
measure, and review of newspaper clippings on the four ballot measures.
B. 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"
D. 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
bureau that includes speakers representing all sides of the four ballot
measures, and identify community groups and organizations that may wish to
engage a speaker.
F. Contact all identified community groups and organizations to offer
services of speakers bureau.
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 announcing the debates.
H. Assist City's Public Information Officer in media relations, and
monitor media coverage.
I. Maintain contact with spokespersons of community groups directly
involved in campaigning for or against 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. Production and printing of four question and answer fact sheets.
B. Production, printing and mailing of one direct-mail piece.
C. Distribution of all press releases.
D. Purchasing mailing lists from Registrar of Voters.
E. Issuing timely final approval of all written materials.
F. 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 completed within time line contained
in Consultant's proposal . Extensions of time may be granted if requested by the
Consultant and 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.
FEES TO BE PAID TO CONSULTANT
The lump sum fee payable shall be $4,800.00. No other compensation 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, changes seem merited by the Consultant
or the City, and informal consultations with the other party indicate that a
change in the conditions 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 changes along
with a statement of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental agreement shall be
prepared by the City and approved by the City Council. Such supplemental
agreement shall not render 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 from, the award or making this agreement. For
breach or violation of this warranty, the City shall have the right to annul
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
regarding non-discrimination.
(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 terminate 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. The City Manager shall make a determination of fact based upon the
documents delivered to City of the percentage of work which the Consultant has
performed which is usable and of worth to the City in having the contract
completed. Based upon that finding as reported to the City Council, the Council
shall determine the final payment of the contract.
(10) 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. Such
questions, if they become 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 Manager. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Manager or Consultant
receiving the letter shall reply to the letter along with a recommended method
of resolution within ten days. If the resolution thus obtained is
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 Manager. The City Council may then opt to consider the directed solution
to the problem. In such cases, the action of the City Council shall be binding
upon the parties involved, although nothing in this procedure shall prohibit the
parties seeking remedies 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 and any payments made to Consultant are
compensation solely for such services. (See attached Exhibit "A".)
(12) SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering 30 days
written notice to the other party. In the event of such suspension or
termination, upon request of the City, the Consultant shall assemble the work
product and put same in order for proper filing and closing and deliver said
product to City. In the event of termination, the Consultant shall be paid for
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work performed to the termination date; however, the total shall not exceed the
guaranteed total 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.
(13) 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 accomplished 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. The consultant agrees to indemnify the
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.
OWNERSHIP OF DOCUMENTS
• 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.
(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 agreement, 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 agreement.
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) ASSIGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any
monies due thereunder without 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 and omissions of Consultant's subcontractor and of the persons
either directly or indirectly employed by the subcontractor, as Consultant is
for the acts and omissions of persons directly employed by Consultant. Nothing
contained in this contract shall create any contractual relationship between any
subcontractor of Consultant and the City. The Consultant shall bind every
subcontractor and 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.
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(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 obligations 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 (15), Hold Harmless Agreement, all
terms, conditions, and provisions 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 from 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 hereunto set our hands and seals.
CITY OF CARLSBAD
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City Manager
ATTEST:
City Clerk
Attachment, Exhibit "A", Scope of Work, Joan Conrow