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HomeMy WebLinkAbout2000-02-08; City Council; 15614; Public Information Services With The Write Toucha w )o a $ a CITY OF CARLSBAD - A&+lDA BILL AB# j5,6iq TITLE: MTG. Feb. 8.2000 DEPT. CM PUBLIC INFORMATION CONSULTING SERVICES WITH THE WRITE TOUCH RECOMMENDED ACTION: CITYMGR w Adopt Resolution No. doa0 -9authorizing the Mayor to execute an Agreement effective February 8, ,200O with The Write Touch ITEM EXPLANATION: The City of Carlsbad has a need for Public Information Consulting services in order to maximize the organization’s ability to deliver top quality service to its residents and customers. The goal of the Public Information Consultant is to provide key information to specific City audiences that want and/or need information in ways that are easily understandable, appealing and enable customers and community members to understand and utilize City services and programs. Since The Write Touch has assisted the City on a variety of projects for a number of years, The Write Touch is uniquely qualified and has special knowledge to be able to immediately address public information needs and supply the services required. Due to The Write Touch’s extensive knowledge and background about the City, it is staffs opinion that The Write Touch is the only consultant with the skills and knowledge needed, and therefore the Purchasing Officer has waived the requirement for solicitation of multiple proposals. Staff is recommending the City Council authorize the retention of The Write Touch to perform public information services, which would be defined by the City Manager. The attached contract would allow the City to use the services of The Write Touch for a period of one year, with the option of extending the contract for two one-year periods. FISCAL IMPACT: The 1999-00 budget includes sufficient funds in the City Manager’s budget to cover services necessary for the remainder of this fiscal year. Funding for 2000-01 and 2001-02 projects would need to be approved by Council as part of the budget adoption process. The Write Touch will be compensated at a rate of five thousand $5,000 per month for services rendered under this Agreement, not to exceed sixty thousand dollars ($60,000) per FY. 1. Resolution No. dOOO-50 . 2. Agreement between the City of Carlsbad and The Write Touch. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- RESOLUTION NO. 2ooo-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALlFORNiA, APPROVING AN AGREEMENT FOR CONSULTING SERVICES BETWEEN THE CITY OF CARLSBAD AND THE WRITE TOUCH WHEREAS, the City has a need for immediate services in the areas of public information and to assist in developing a long-term plan and program; and, WHEREAS, The Write Touch has assisted the City on a variety of projects for a number of years, and is uniquely qualified, and has special knowledge to be able to immediately address public information needs and supply the services required; and, WHEREAS, the City considers The Write Touch the sole source for these public information needs and The Write Touch is the only consultant which can provide this type of service; and, the City Purchasing Officer has waived the requirement for solicitation of multiple proposals. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Council authorizes the Mayor to enter into a contract for professional services with The Write Touch to assist the City of Carlsbad in meeting it immediate public information needs. Ill Ill I 1 I . 1 1 . t c 1 I 5 l( 11 1; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Catlsbad City Council held on the sth day of February ,2000, by the following vote, to wit: AYES: Councilmembers Lewis, Hall, Finnila, Nygaard, Kulchin. NOES: None. ABSENT: None- ABSTAIN: None - VC wv’- CLAUDE A. LEWIS, Mayor ATTEST: -2- - AGREEMENT THIS AGREEMENT is made and entered into as of the I”’ day of January, 2000, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and The Write Touch, owned by Marilyn Campbell, a sole proprietor hereinafter referred to as “Contractor.” RECITALS City requires the services of a Public Information Consultant to provide services to meet the immediate information services needs of the City and to assist in the preparation of a Public Information Program. Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor shall create, coordinate and carry-out a Public Information Program for the City of Carlsbad to meet the needs of the City. rev. 2/l 1100 -1 - A 2. CITY OBLIGATIONS The City shall provide guidance and information necessary to produce the Public Information Program. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within N/A [working/calendar] days of that date. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the N/A The N/A will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not exceed $60,000 annually to be paid at a monthly rate of $5,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. -2 - rev. 2/l 1100 5. DURATION OF CONTRACT This agreement shall extend for a period of I year from date thereof. The contract may be extended by the City Manager for 2 additional one (I) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES The Contractor shall invoice the City on a monthly basis for services pr9ovided during the previous month. Payment of the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this Agreement, and that contractor 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 of 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 othewise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. rev. 2/l 1 /OO C - 8. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state and federal laws regarding nondiscrimination. 9. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the . The shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Contractor 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 Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor 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 Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The -4- rev. 2/l l/O0 City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. rev. 2/l l/O0 -5 - 10. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor from the selection proces 5d -Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. tk (Initial) rev. 2/I l/O0 -6 - II. JURlSDlCTlON The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 12. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this -7 - rev. 2/l 1100 - agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 13. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 14. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required 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 documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. rev. 2/l 1100 -a - 15. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 16. ( Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 17. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 18. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of -9 - rev. 2/l 1100 persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 19. PROHIBITED INTEREST No official of the City who is authonzed in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 20. 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 entitle the Contractor to any additional payment whatsoever under the terms of this contract. -10 - rev. 2/l 1 /OO 21. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 22. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 23. CONFLICT OF INTEREST The Contractor shall file a conflict of interest statement with the City Clerk in accordance with the requirements of the City’s conflict of interest code incorporating Fair Political Practices Commission Regulation 18700 as it defines A consultant. The disclosure category shall be categories 2 & 3. 24. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: -11 - rev. 211 l/O0 For City: Title: CITY MANAGER Name: RAY PATCHETT Address: 1200 Carisbad Village Drive Carlsbad, CA 92008 For Contractor: Title: Name: Address: The Write Touch Marilyn Campbell 102 Crouch Street Oceanside, CA 92054 25. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 26. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. -12 - rev. 2/l l/O0 Executed by Contractor this CONTRACTOR: CITY OF CA UWAw~ (print name/title) ATTEST: By: (sign here) (print name/title) (7yiLmLh.~ LORRAINE M. WOOD City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: rev. 2/l 1100 -13 - CALIFORNIA ALL-PURPOSr ACKNOWLEDGMENT DATE G&??&u,* NAME, TITLE OF OFFICER - E.G., “JANE WE, NOT&Y PUBLIC personally appeared MMwid a LA-&PA~AL I NAME(S) OF SIGNER(S) ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person$9 whose nameCgq is/are subscribed to the within instrument and ac- knowledged to me that &e/she-executed the same in &/her/+ authorized capacity(&), and that by &&her/Skeir signaturem on the instrument the person@, or the entity upon behalf of which the person$$) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 A-ITORNEY-IN-FACT q TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOClATlON l 8238 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184