HomeMy WebLinkAbout2022-10-18; City Council; ; Amendment to Agreement with Prosio Communications, Inc. to Provide Traffic Safety Communication ServicesCA Review CKM
Meeting Date Oct. 18, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kristina Ray, Communication & Engagement Director
kristina.ray@carlsbadca.gov, 442-339-2957
Subject Amendment to Agreement with Prosio Communications, Inc. to Provide
Traffic Safety Communication Services
District: All
Recommended Action
Adopt a resolution approving an amendment to the agreement with Prosio Communications,
Inc. for traffic safety and mobility public education services and authorizing the Mayor to
execute the amendment.
Executive Summary
Due to a significant increase in collisions involving bikes and e-bikes over the past three years in
the City of Carlsbad, the City Manager proclaimed a local emergency for traffic safety on
Aug. 23, 2022. When the City Council ratified the emergency proclamation Aug. 30, 2022, it
approved spending up to $2 million to support enhanced education, engineering and
enforcement to improve traffic safety.
Immediately following the emergency proclamation, the city’s Communications & Engagement
Department contracted with Prosio Communications, Inc., a firm specializing in traffic safety
education. On Sept. 27, 2022, the City Council directed staff to proceed with several additional
public education initiatives, as part of a comprehensive set of short, mid- and long-range
options to address traffic safety in Carlsbad.
Professional service agreements costing more than $100,000 per agreement year require the
approval of the City Council under Carlsbad Municipal Code Section 3.28.060 - Procurement of
professional services and service, Subsection D.5. The $52,000 amendment for additional public
education services brings the total contract cost to $150,000. This cost is included in the $2
million budget appropriation approved by City Council Aug. 30, 2022.
Discussion
A significant increase in collisions involving bikes and e-bikes, including two tragic fatalities
during an eight-day period in August, caused the City of Carlsbad to proclaim a traffic safety
emergency and redeploy resources from its Police, Fire, Transportation, and Communications &
Engagement departments. The City Council approved spending up to $2 million for immediate
education, engineering and enforcement measures (Resolution 2022-214).
Oct. 18, 2022 Item #2 Page 1 of 9
The city entered into an agreement with Prosio Communications, Inc. to assist with the
additional traffic safety and mobility public education services. Prosio Communications, Inc. has
more than 15 years of experience developing and implementing traffic safety education
campaigns, including for the California Office of Traffic Safety. Because of this experience, the
firm can provide the city with expert advice on data-driven strategies and messages to
encourage safe behaviors among all road users.
The expanded scope of work includes the following programs:
• Develop and implement a community engagement campaign focused safe traffic
behaviors.
• Explore and develop partnership opportunities with schools and school districts serving
Carlsbad, as well as preschools
• Present options to city staff for consideration.
• Explore and develop partnership opportunities with mobility organizations serving
Carlsbad.
• Explore and develop partnership opportunities with businesses in Carlsbad.
Staff recommend the City Council authorize the execution of the agreement amendment.
Options
1. Adopt a City Council resolution approving Amendment No. 1 to the professional services
agreement with Prosio Communications, Inc. for additional traffic safety and mobility
public education services, in an amount not to exceed $52,000, bringing the agreement
total to $150,000 per contract year.
Pros
• Advances the city’s efforts related to the traffic safety emergency
• Provides unique traffic safety public education expertise and resources to the
City of Carlsbad
• Allows city Communication & Engagement Department staff to complete
their existing daily work without delay or a reduction in other
communication programs
Cons
• None identified
2. Do not adopt the City Council resolution
Pros
• None identified
Cons
• The city’s traffic safety public education program would not be expanded to
include the additional campaigns approved by the City Council, or
• Communication & Engagement Department staff would deprioritize existing
city communication programs, which could result in an overall decrease in
community engagement and city transparency.
Oct. 18, 2022 Item #2 Page 2 of 9
Fiscal Analysis
Under the existing professional services agreement, the city will pay up to $98,000 to Prosio
Communications, Inc. With this amendment, the city will pay up to an additional $52,000,
bringing the total to $150,000. There is sufficient funding available in the fiscal year 2022-23
operating budget. No additional appropriations are being requested at this time.
Next Steps
The City Council’s approval of this action will authorize the Mayor to execute the proposed
amendment. Prosio Communications, Inc. and city staff will then implement the terms of the
amended agreement.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution
Oct. 18, 2022 Item #2 Page 3 of 9
RESOLUTION NO. 2022-246
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH PROSIO COMMUNICATIONS, INC., FOR
ADDITIONAL TRAFFIC SAFETY AND MOBILITY PUBLIC EDUCATION SERVICES
WHEREAS, on Sept. 15, 2022, the City of Carlsbad entered into a professional services
agreement with Prosio Communications, Inc., for traffic safety and mobility public education services,
in an amount not to exceed $98,000; and
WHEREAS, at its meeting on Sept. 27, 2022, the City Council voted to continue over a dozen
new initiatives to address traffic safety, including expanding public education efforts; and
WHEREAS, staff recommend that the City Council authorize the cost for additional traffic safety
and mobility public education services to develop a community commitment campaign and
partnerships with schools, businesses, community groups and mobility organizations, in an amount not
to exceed $52,000 and also recommend that the City Council authorize the procurement of these
additional services from Prosio Communications, Inc. consistent with Carlsbad Municipal Code Section
3.28.040(D)(5); and
WHEREAS, staff and Prosio Communications, Inc. desire to amend the Agreement for additional
public education services in an amount not to exceed $52,000, with a total agreement in an amount
not to exceed $150,000; and
WHEREAS, Prosio Communications, Inc. has years of experience developing and implementing
traffic safety education efforts, allowing them to advise the city on data-driven and research-based
strategies and messaging to encourage safe behaviors among all road users; and
WHEREAS, the City Planner has determined this action does not constitute a "project" within
the meaning of the California Environmental Quality Act, or CEQA, under California Public Resources
Code Section 21065 in that it has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment and therefore
does not require environmental review.
Exhibit 1
Oct. 18, 2022 Item #2 Page 4 of 9
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 Mayor is authorized and directed to execute Amendment No. 1 to the Agreement
with Prosio Communications, Inc., which is attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad
on the 18th day of October, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
j!N r.FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Oct. 18, 2022 Item #2 Page 5 of 9
DocuSign Envelope ID: 7E4DF9E8-D013-4F25-99AB-C0D282DAC803
Attachment A
AMENDMENT NO. 1 TO AGREEMENT FOR
TRAFFIC SAFETY & MOBILITY PUBLIC EDUCATION SERVICES
PROSIO COMMUNICATIONS, INC.
+"""
This Amendment No. 1 is entered into and effective as of the ').,O day of Owwd , 2022, amending the agreement dated September 15,
2022, (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"),
and Prosio Communications, Inc., a corporation ("Contractor") (collectively, the "Parties").
RECITALS
A. On September 15, 2022, the Parties executed the Agreement for traffic safety and
mobility public education services; and
B. The Parties desire to alter the Agreement's scope of work to reflect additional traffic
safety educational efforts included in the Safer Streets Together draft plan presented to the City
Council Sept. 27, 2022. The Parties also desire to increase the annual compensation by no more
than an additional fifty-two thousand dollars ($52,000.00) per agreement year, bringing the total
annual amount not to exceed one hundred fifty thousand dollars ($150,000.00) per agreement
year; and
C. The Parties have negotiated and agreed to a supplemental scope of work and,
which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and
Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those services described in Exhibit "A". With
this Amendment, the total annual Agreement amount shall not exceed one hundred fifty thousand
dollars ($150,000.00).
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" on a time and materials basis not-to-exceed one hundred fifty thousand dollars
($150,000.00) per Agreement year. Contractor will provide City, on a monthly basis, copies of
invoices sufficiently detailed to include hours performed, hourly rates, and related activities and
costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by September 15, 2025.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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Oct. 18, 2022 Item #2 Page 6 of 9
DocuSign Envelope ID: 7E4DF9E8-D013-4F25-99AB-C0D2B2DAC803
6. The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions of this Amendment.
CONTRACTOR
PROSIO COMMUNICATIONS, INC.
By:
By:
LORIO PROSIO
President
LORIO PROSIO
Secretary
CITY OF CARLSBAD, a municipal
corporation of the State of California
Mayor
ATTEST:
~ f FAVIOLA MEDINA
City Clerk Services Manager
If required by City, proper notarial acknowledgment of execution by Contractor must be attached.
If a corporation, Agreement must be signed by one corporate officer from each of the following
two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
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:
CINDIE K. McMAHON, City Attorney
{ji,Jic, b. ~ BY: ___________ _
Deputy / Assistant City Attorney
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DocuSign Envelope ID: 7E4DF9E8-D013-4F25-99AB-C0D2B2DAC803
EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Public Education Services
Provide public education services under the direction of the Director of Communication &
Engagement or her designee on an as needed basis to support safe behaviors among all
road users, including:
• Develop proposed public education strategies to achieve city traffic safety and mobility
objectives.
• Develop and implement a community commitment program that provides an
opportunity for community members to publicly proclaim their commitment to safe
behaviors and encourage others to do the same. Could include an online pledge form,
yard signs, stickers and other promotional efforts.
• Explore partnership opportunities with schools and school districts serving Carlsbad.
Present options to city staff for consideration. Finalize partnership plans and support
city staff in implementing the plans, which could include informational materials,
events, special assemblies and other similar awareness building activities.
• Explore partnership opportunities with mobility organizations serving Carlsbad.
Present options to city staff for consideration. Finalize partnership plans and support
city staff in implementing the plans, which could include local trainings and workshops,
public service announcements, presentations to groups and other joint communication
efforts.
• Explore partnership opportunities with businesses in Carlsbad. Present options to city
staff for consideration. Finalize partnership plans and support city staff in
implementing the plans, which could include point of purchase displays, signage,
social media sharing and other cross promotions.
• Assist in the development of digital and print educational materials.
• Assist with implementation of approved plans and strategies, which could include:
o Special event and public meeting planning and coordination
o Copy writing and graphic design
o Content development for targeted media and other distribution channels
o Video script writing and creative concept development
• Project management and ongoing strategic counsel
City staff to handle the following:
• Video production
• Website and social media management
• Reviewing and approving all work products
• Paying for hard costs such as printing and production items.
Other Considerations
• Written work products must follow the City of Carlsbad writing style guidelines and be
free from Contractor logos or other branding elements.
• Contractor is responsible for alerting the city's project manager in advance in writing of
any out of scope requests before commencing work.
• Contractor will provide invoices to the city in a format specified by the Communication
& Enqaqement director.
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DocuSign Envelope ID: 7E4DF9E8-O013-4F25-99AB-C0D2B2DAC803
• Contractor must get approval in advance in writing from the Communication &
Engagement director prior to disclosing information about this contract or Contractor
activities on behalf of the city, including using this project for marketing purposes, case
studies, professional association presentations and any other purpose.
• Any creative/design products must conform of the City of Carlsbad brand guidelines.
All work products must be provided in the following file formats:
• Microsoft Word or Google Docs (for documents)
• Microsoft Excel or Google Sheets (for spreadsheets)
• Microsoft PowerPoint or Google Slides for presentations
Total not to exceed $150,000 per Agreement year billed at the following hourly rates:
President/CEO -$200
Vice President -$175
Director -$155
Senior Account Executive -$140
Content Development -$125
Account Executive -$125
Oct. 18, 2022
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