HomeMy WebLinkAboutContracts & Agreements_175-2018This agreement for the provision of public opinion research and strategic communication
services ("Agreement") is made and entered in this 18t1l of September, 2018 ("Effective Date"),
by and between the City of Redlands, a municipal corporation ("City)" and Terris Barnes
Walters Boigon Heath, Inc dba TBWB Strategies ("Consultant") City and Consultant are
sometimes individually referred to herein as a "Party" and, together, as the "Parties " In
consideration of the mutual promises contained herein, City and Consultant agree as follows
ARTICLE 1 — ENGAGEMENT OF CONSULTANT
1 1 City hereby engages Consultant to provide public opinion research and strategic
communication services for City (the "Services")
12 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of Services
ARTICLE 2 — SERVICES OF CONSULTANT
21 The Services that Consultant shall perform are more particularly described in Exhibit
"A," entitled "Scope of Services," which is attached hereto and incorporated herein by
reference
22 Consultant shall comply with applicable federal, state and local laws and regulations in
the performance of this Agreement including, but not limited to, State prevailing wage
laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services
32 City designates Danielle Garcia, Management Services/Finance Director, as City's
representative with respect to performance of the Services, and such person shall have the
authority to transmit instructions, receive information, interpret and define City's policies
and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
41 Consultant shall perform and complete the Services in a prompt and diligent manner in
accordance with the schedule set forth in Exhibit "B," entitled "Project Schedule," which
is attached hereto and incorporated herein by reference
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42 The term of this Agreement shall be for a period of three (3) years commencing as of the
Effective Date, unless terminated earlier as provided herein
43 If Consultant's Services include deliverable electronic visual presentation materials, such
materials shall be delivered in a form, and made available to the City, consistent with
City Council adopted policy for the same It shall be the obligation of Consultant to
obtain a copy of such policy from City Staff
ARTICLE 5 — PAYMENTS TO CONSULTANT
5 1 Total compensation for Consultant's performance of the Services shall not exceed the
amount of thirty six thousand five hundred dollars ($36,500) City shall pay Consultant in
accordance with Exhibit "C," entitled "Project Costs," attached hereto and incorporated
herein by reference
52 Consultant shall submit monthly invoices to City describing the Services performed
during the preceding month. Consultant's invoices shall include a brief description of the
Services performed, the dates the Services were performed, the number of hours spent
and by whom, and a description of reimbursable expenses related to the Services City
shall pay Consultant no later than thirty (30) days after receipt and approval by City of
Consultant's invoice.
53 Any notice of other communication required, or which may be given, pursuant to this
Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date
of delivery in person, (ii) five (5) days after deposit in first class registered mail, with
return receipt requested, (in) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile, of confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail, in each case
properly posted and fully prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section.
City
City Clerk
City of Redlands
35 Cajon Street
P.O Box 3005 (mailing)
Redlands, CA 92373
Consultant
Joy Tatarka, Partner
TBWB Strategies
400 Montgomery Street, 7th Floor
San Francisco, CA 94101
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
61 The following insurance coverage required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services Consultant shall not
perform any Services unless and until the required insurance lasted below is obtained by
Consultant Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services Insurance policies
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shall include a provision prohibiting cancellation of modification of the policy except
upon thirty (30) days prior written notice to City
A Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Consultant is self-insured or exempt from the workers' compensation laws
of the State of California Consultant shall execute and provide City with Exhibit " "
entitled "Workers' Compensation Insurance Certification," which is attached hereto
and incorporated herein by this reference prior to performance of the Services
B Comprehensive General Liability insurance with carriers acceptable to City in the
minimum amount of One Million Dollars ($1,000,000) per occurrence and Two
Million Dollars ($2,000,000) aggregate, for public liability, property damage and
personal injury is required City shall be named as an additional insured and such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City
C Business Auto Liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit bodily injury liability and
property damage liability This coverage shall include all Consultant owned vehicles
used in connection with Consultant's provision of the Services, hired and non -owned
vehicles, and employee non -ownership vehicles City shall be named as an additional
insured and such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City
62 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including
attorneys' fees, arising from injury of death to persons or damage to property occasioned
by any negligent act or omission by, or the willful misconduct of, Consultant, or its
officers, employees and agents in performing the Services
ARTICLE 7 — CONFLICTS OF INTEREST
71 Consultant covenants and represents that it does not have any investment or interest in
any real property that may be the subject of this Agreement or any other source of
income, interest in real property or investment that would be affected in any manner or
degree by the performance of Consultant's Services Consultant further covenants and
represents that in the performance of its duties hereunder, no person having any such
interest shall perform any Services under this Agreement
72 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant
A Does not make a governmental decision whether to
(i) approve a rate, rule or regulation, or adopt or enforce a City law,
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(n) issue, deny, suspend or revoke any City permit, license, application,
certification, approval, order or similar authorization or entitlement,
(iii) authorize City to enter into, modify or renew a contract,
(iv) grant City approval to a contract that requires City approval and to which
City is a party, or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study or similar item,
(vi) adopt, or grant City approval of, policies, standards or guidelines for City
or for any subdivision thereof
B Does not serve in a staff capacity with City and in that capacity, participate in
making a governmental decision or otherwise perform the same or substantially
the same duties for City that would otherwise be performed by an individual
holding a position specified in City's Conflict of Interest Code under Government
Code section 87302
73 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700,
Statement of Economic Interests, with the City Clerk's office pursuant to the written
instructions provided by the City Clerk
ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing Party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the
use of in-house counsel by a Party
82 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, results in City's immediate termination of this Agreement
83 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor Neither City nor its agents shall have
control over the conduct of Consultant or Consultant's employees, except as herein set
forth Consultant shall supply all necessary tools and instrumentalities required to
perform the Services Assigned personnel employed by Consultant are for its account
only, and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, of on behalf of City Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to
bind City to any obligation
84 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
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made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the
extent of any additional costs to City occasioned by any default by Consultant. Upon
receipt of a termination notice, Consultant shall immediately discontinue its provision of
the Services and, within five (5) days of the date of the termination notice, deliver or
otherwise make available to City, copies (in both hard copy and electronic form, where
applicable) of project related data, design calculations, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by Consultant in performing the Services Consultant shall be compensated
on a pro -rata basis for Services completed up to the date of termination
85 Consultant shall maintain books, ledgers, invoices, accounts and other records and
documents evidencing costs and expenses related to the Services for a period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant pursuant to this Agreement Such books shall be available at reasonable times
for examination by City at the office of Consultant
86 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained
herein, and any prior negotiations, written proposals or verbal agreements relating to such
matters are superseded by this Agreement Except as otherwise provided for herein, any
amendment to this Agreement shall be in writing, approved by City and signed by City
and Consultant
87 This Agreement shall be governed by and construed in accordance with the laws of the
State of California
88 If one or more of the sentences, clauses, paragraphs or sections contained in this
Agreement is declared invalid, void or unenforceable by a court of competent
jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement
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IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed
in confirmation of this Agreement
CITY OF REDLANDS
By &�,t
-" J��
Paul W Foster, Mfyor
Attest
641e Donaldson, City Clerk
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TBWB STRATEGIES
y'
Joy T arks, Partner
Exhibit A -Scope of Services
T T T
Start Gall for Election Election Day
TBWB will help you assess the basic viability of a finance measure in your community. We will work
closely with you and True North to develop a questionnaire and voter sampling strategy that will help
you tackle the key strategic questions that must be answered in order to set your measure on a path to
victory
TBWB and True North will help you answer:
• Is It reasonable to think that a funding measare can achieve the needed support from u£ NORTH
• What projects and services are voters most likely to fund?
• What is the optimal timing for an election? What level of voter turnout helps maximize support?
• What tax rate will voters support?
• Does sufficient community awareness of your needs already exist or is proactive outreach
required to build awareness?
• How might specific accountability protections be included in a successful measure?
• What controversies or competing issues must be considered before moving forward?
Strategic Tasks
• TBWB and True North will work with the City to confirm timelines and benchmarks and
establish a strong partnership
• TBWB and True North will review existing voter survey research, outreach materials and other
relevant background
• TBWB will recommend a plan and budget for public engagement and outreach
Is The City will approve plan and budget
We often like to involve key stakeholders from the community in the process of developing the survey
so that they become invested in the finance measure process from the very beginning Once the survey
data is collected and analyzed, we will provide detailed recommendations to you and your City Council
for moving forward with a funding measure
For specific details regarding the survey, please see the next page
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R U £NORTH Public Consensus- Winning Propositions
-JOT'RUENORTH
R r. ti F A R C 11
The scope of services that we propose to perform for the City includes all tasks associated with
designing, conducting and analyzing the survey, as well as presenting the results Briefly, the scope of
services includes•
• Meet with the City to thoroughly discuss the research objectives and methodology for the study,
as well as discuss potential challenges, concerns, and issues that may surround the study
• Develop a stratified and clustered sample of voters who—based on their voting history and
registration status—are likely to participate in the election of interest on the natural or through
targeted outreach efforts
• Develop a draft questionnaire for the City's review and make revisions as needed until all parties
approve of the instrument
• Pre-test the survey instrument to ensure its integrity.
• Professionally translate the survey into Spanish to allow for data collection in English or Spanish
according to a respondent's preference
• CATI (Computer Assisted Telephone Interviewing) program the finalized survey instrument to
ensure accurate and reliable data collection using live telephone interviewers
• Web program the same survey instrument to allow for secure, password -protected online data
collection to compliment the telephone data collection
• Recruit participation in the survey using a combination of telephone calls and email invitations
• Collect at least 400 quality interviews according to the sampling plan and a strict interviewing
protocol Interviewers will be professional, high quality interviewers It is expected that the
average interview will last up to 16 minutes
• Process the data, which includes conducting: validity checks, cleaning, recoding, coding open-end
responses, and adjusting for strategic oversampling (if used) through a statistical procedure
known as 'weighting'
• Prepare an initial topline report which presents the overall findings of the survey.
• Prepare a thorough report on the findings, including a detailed question -by -question analysis,
description of the methodology, an executive summary of the key findings and conclusions/
recommendations, as well as a comprehensive set of crosstabulations showing how the answers
varied by subgroups of voters. The report will include extensive full-color graphics displaying the
findings, as well as insightful narrative discussion of the results and their Implications
• Prepare an electronic copy of the final report to allow the City to reproduce the report as
needed
• Prepare a PowerPoint presentation of the results and present the results to the City
• Be available to assist and provide advice to the City after the survey is complete
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Exhibit B — Project Schedule
Depending on the target ballot date and approach that is selected, TBWB will work with
City to confirm timelines, benchmarks, and goals
The various phases that comprise the project schedule shall include:
• Planning
• Public Engagement & Outreach
• Scientific Voter Opinion Survey
• Delivery of Palling Results
• Potential Supplemental Services
The estimated timeline for completion of services is approximately March 2020 if the
March 2020 ballot is selected and November 2019 if the November 2019 ballot is
selected
September 2018• Planning
• TBWB and True North will work with the City to confirm timelines for a voter
survey about potential revenue measures to be conducted in mid-November
• TBWB and True North will review existing voter survey research, outreach
materials and other relevant background
• September 19. City will hold first sub -committee to begin working with TBWB
and True North on draft survey
October 2018 Planning
• True North will create draft survey questionnaire
• TBWB and True North will recommend a sampling methodology
• Week of October 15. First draft of survey for review by sub -committee
• Week of October 29 Survey updated with edits, finalized
November 2018: Public Scientific Voter Opinion Survey
• November 12-30 (Pausing for Thanksgiving week)- True North will field the
approved survey
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December 2018. Delivery of First Polling Results
• December 8-12 True North and TBWB will analyze survey results and prepare
report and recommendations
• Second Council meeting in December- Deliver results of a scientific opinion
survey to the City Council
• Review results and determine best timing for potential revenue measure
o November 2019
o March 2020
• City and TBWB to set timing for Phase 11 contract to help develop information
gathering and informational outreach plan
January — April 2019. First Round of Public Engagement and Outreach
• TBWB and the City will implement the approved plan for public engagement and
outreach, including
o Potential mailers and/or digital and social outreach
o Potential online and/or mail -back reply card community survey (non-
scientific)
o Potential one-on-one and group presentations by the City to community
leaders and organizations
• TBWB will create initial outreach materials, including
o Fact sheet summarizing city needs
o Frequently Asked Questions
o Talking Points
o An infographic outlining the city budget and funding needs
o PowerPoint Presentation for group meetings
o Dedicated page on the City's website
May 2019. Scientific Voter Opinion Tracking Survey
• True North will create draft survey questionnaire
• TBWB and True North will recommend a sampling methodology
• True North will field the approved survey
• True North and TBWB will analyze results and prepare recommendations
• True North will prepare a report of findings
June 2019. Delivery of Tracking Survey Results
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Deadline for delivering results of a scientific opinion survey to the City and make
final recommendation to City Council
If Go for November 2019 Election -
June —July 2019. Measure Development Second Round of Public Engagement and
Outreach
• City Attorney, city staff, ad hoc committee and TBWB meet and begin Internal
draft of ballot resolution and ordinance based on city needs and voter priorities
• First Presentation to City Council for review of resolution and ordinance
• TBWB will update and provide second round of outreach materials, including
mall, digital, handouts, online content and a public presentation
August 2019.88 Days Before the November 2019 Election: City Council Votes to Place
Measure on the Ballot
IF GO for March 2020 ELECTION
June 2019 — September 2019. Measure Development Second Round of Public
Engagement and Outreach
TBWB will work with City to continue informational outreach, education and
encourage feedback regarding city plans TBWB and the City will implement the
approved plan for public engagement and outreach, including.
o Potential mailers and/or digital and social outreach
October 2019.
• City Attorney, city staff, ad hoc committee and TBWB meet and begin internal
draft of ballot resolution and ordinance based on city needs and voter priorities
• First Presentation to City Council for review of resolution and ordinance
November— December 2019: 88 Days Before the March 2020 Election: City Council
Votes to Place Measure on the Ballot
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Exhibit C -Project Costs
For all Phase I feasibility services, including the voter study by TrueNorth, TBWB will charge a
flat fee of $35,500 This cost is inclusive—there will be no additional charges for travel,
incidentals, meetings, or post -project advising as detailed in the Scope of Services
Payment schedule is as follows,
• $15,500 upon signature of the contract,
• $21, 000 upon completion of the survey.
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EXHIBIT "D"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
(a) By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State
(b) By securing from the Director of Industrial Relations, a certificate of consent to
self -insure, either as an individual employer, or as one employer in a group of
employers, which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self -insure and to pay any compensation that
may become due to his or her employees
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance
elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code § 1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self -insure, or a certification of workers'
compensation insurance
I certify under penalty of perjury under the laws of the State of California that the information
and representations made in this certificate are true and correct
TB WB Strategies Date
Joy Tatarka, Partner
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