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HomeMy WebLinkAbout2022-10-18; City Council; Resolution 2022-246RESOLUTION 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. City Attorney Approved Version 8/2/2022 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 City Attorney Approved Version 8/2/2022 2 Oct. 18, 2022 Item #2 Page 7 of 9 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. City Attorney Approved Version 8/2/2022 3 Oct. 18, 2022 Item #2 Page 8 of 9 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 4 City Attorney Approved Version 8/2/2022 Item #2 Page 9 of 9