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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUCIL
FROM: DENNIS McLEAN, DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY
DATE: MARCH 2, 2004
SUBJECT: APPROVE SELECTION OF PUBLIC INFORMATION CONSULTANT AND THE ATTACHED PROFESSIONAL SERVICES AGREEMENT
Staff Coordinator: Gary Gyves, Senior Administrative Analyst
BACKGROUND AND DISCUSSION
During its December 10, 2004 meeting, the Finance Advisory Committee recommended that a Public Information Consultant be retained as soon as possible to assist the Infrastructure Financing Team with the development of the Infrastructure Renewal and Maintenance Project. The Public Information Consultant would assist the City’s Infrastructure Financing Team and perform public information and public surveys services regarding the Infrastructure Renewal And Maintenance Project.
During a Tactical Planning workshop between the City Council and staff conducted on January 10, 2004, the City Council directed staff to:
"…proceed with the selection of a public information consultant to advise the Infrastructure Financing Team and the City Council with the development and implementation of an educational program, citizen surveys and other community outreach programs to design successful ballot initiatives, assessment districts or other funding mechanisms. The City Council directed staff to make a recommendation to the City Council regarding the selection of a public information consultant as soon as possible. "
Selection of Public Information Consultant
Finance staff used several different resources to compile a list of 20 public information consultants, including a survey of California Society of Municipal Finance Officers members, as well as recommendations received from the City’s financial advisors of Fieldman, Rolapp & Associates and other professional colleagues. On January 26, 2004, Finance staff sent Requests for Qualifications (attached to this report) to nine of the 20 consultants that it deemed best suited to complete the project. Four of the nine consultants submitted Statement of Qualifications ("SOQ") by the February 10, 2004 deadline.
Based upon its review of the SOQ’s provided by the four public information consultant’s, the Infrastructure Financing Team interviewed two firms on February 19, 2004. The Infrastructure Financing Team unanimously selected Moore Iacofano Goltsman, Inc. ("MIG"), subject to City Council approval, to act as the City’s Public Information Consultant for the Infrastructure Renewal And Maintenance Project. During the interview, MIG staff demonstrated a clear understanding of the City’s Infrastructure Renewal And Maintenance Project and elaborated on its vision of the methodology it would employ while providing services.
Scope of Services
Subsequent to the interview, Staff has discussed the scope of services with MIG, as well as the "not to exceed" fee of $50,000 that has been included in the proposed Professional Services Agreement. A copy of the scope of services is attached to this staff report. Staff expects that MIG will complete its services by September 30, 2004.
Based upon the results of the citizen surveys and other community outreach inquiries, MIG and the Infrastructure Financing Team expect to report its findings and make a recommendation to the FAC and the City Council regarding the Infrastructure Renewal And Maintenance Project. Its recommendation may include a proposal for MIG to conduct additional services ("Phase 2"), including educational outreach about the Infrastructure Renewal And Maintenance Project, followed by a second citizens survey to develop an understanding about the City’s residents’ sense of priority and urgency regarding the City’s infrastructure needs. MIG has estimated that the cost of Phase 2 would range between $50,000 and $100,000.
The FY03-04 budget includes a total appropriation of $77,740 ($30,000 included in the FY03-04 budget document and $47,740 that was carried over from the FY02-03) in the Finance program for consultants related to the Infrastructure Renewal and Maintenance Project. The proposed Professional Services Agreement includes a provision for a "not to exceed" fee quotation of $50,000. Staff expects that the FY03-04 appropriation will be sufficient to pay MIG pursuant to the scope of services. Therefore, a budget adjustment is not requested at this time.
Director Of Finance And Information Technology
PROFESSIONAL SERVICES AGREEMENT
FOR A PUBLIC INFORMATION CONSULTING SERVICES
THIS AGREEMENT is made and entered into this 3rd day of March, 2004, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "CITY", and MOORE IACOFANO GOLTSMAN, INC., hereinafter referred to as "CONSULTANT".
The City wishes to use the professional services of Consultant to assist staff, and its designated advisors regarding infrastructure matters, and perform public information and public surveys services about the City’s infrastructure; and,
Consultant has represented that it has a unique and specialized knowledge and understanding of public information and public surveys and is qualified to perform said services for City; and,
IN CONSIDERATION of the foregoing recitals and the covenants hereinafter set forth, the parties hereto mutually agree as follows:
SCOPE OF CONSULTANT’S SERVICES
(See Exhibit "A")
PERFORMANCE OF SERVICES
Consultant shall perform all services and duties pursuant to this Agreement in a professional and timely manner, at the direction of the Director of Finance & Information Technology, or his designee. All directives, instructions, or other communications from City to Consultant shall be through only the Director of Finance & Information Technology, or his designee.
This Agreement shall commence on March 3, 2004, and shall terminate on upon completion of the services described in Exhibit A, unless otherwise extended by the parties hereto.
COMPENSATION FOR SERVICES
City shall pay Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the rates and amounts set forth in the fee and cost schedule attached hereto as Exhibit "B" and incorporated herein by reference. The schedule of hourly rates shall be good through the term of this contract, pursuant to Article III. Notwithstanding any and all provisions of this Agreement, compensation for services shall not exceed $50,000.
City may request in writing that Consultant perform additional services not covered by the specific Scope of Work set forth in this agreement, and Consultant shall perform such services and will be paid for such additional services in accordance with Consultant’s schedule of hourly rates attached hereto as Exhibit "B" and incorporated herein by reference.
Consultant shall submit to City, by not later than the tenth (10th) day of each month, its bill for services rendered and costs incurred during the previous month. If Consultant’s bill is properly prepared and received by City by not later than the tenth (10th) day of the month, City shall pay Consultant all uncontested amounts set forth in Consultant’s bill by not later than 30 days from the date that the bill was received. All other properly billed and uncontested invoices received after the 10th of the month shall be paid by City not later than forty-five (45) days after receipt of Consultant’s bill by City. It is further agreed that the periodic billings are correct, conclusive and binding unless Consultant is notified in writing by City ten (10) days from the date of receipt of the billing of any alleged inaccuracies, discrepancies or errors in billing.
All payments due Consultant shall be paid to:
Moore Iacofano Goltsman, Inc.
800 Hearst Avenue
Berkeley, CA 94710
In the event City fails to pay any undisputed amounts due Consultant within forty-five (45) days after invoices are received by City, then City agrees that Consultant shall have the right to consider said default a breach of this Agreement and may be terminated by Consultant without liability to Consultant upon ten (10) working days advance notice to City.
Consultant shall provide all personnel necessary to properly perform the services and duties required under this Agreement, and shall at all times direct such personnel in the performance of such services and duties. Patricia McLaughlin, Joyce Vollmer, Sam Gennawey shall be principally responsible for Consultant’s obligations and performance under this Agreement and shall serve as the principal liaisons between City and Consultant. Consultant shall not designate representatives or liaisons other than Patricia McLaughlin, Joyce Vollmer, Sam Gennawey and Tim McLarney without the prior written consent of the Director of Finance & Information Technology, or his designee.
Consultant shall notify City in writing of its recommendation of the retention of any supplemental subconsultants and the need therefor. However, City shall have the exclusive authority to determine whether such subconsultants shall be retained pursuant to Consultant’s recommendation.
DUTIES OF CITY
City shall provide or make available to Consultant, without charge or expense, all information, data, records, maps, reports, plans, equipment, or other material in its possession necessary for carrying out the services and duties contemplated under this Agreement.
OWNERSHIP OF DOCUMENTS
City and Consultant agree that all records, data, reports or other documentation prepared by, in response to, or as a result of the performance of this Agreement shall be the sole property of City, and are to remain confidential, and shall not be released or otherwise made available to any person, entity or organization without the express prior written approval of City. Copies of any data, records, reports or other documents held by Consultant shall be delivered to City upon demand. During the term of this Agreement, Consultant may retain one copy of each document for its records.
No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on the behalf of Consultant. It is agreed that all records, data, reports or other documents generated by Consultant for City can only be used for the specific location and/or specific improvement without the written consent of Consultant.
CONFLICT OF INTEREST
Consultant agrees not to accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
Consultant also warrants that it is not, at the time this Agreement is entered into, engaged in any employment or representation which will or may likely make Consultant "financially interested" in any decision made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
INDEMNIFICATION AND INSURANCE
This Agreement may be terminated at any time, with or without cause, by either party upon sixty (60) days prior written notice. Notice shall be deemed serviced upon deposit in the United States Mail or a certified or registered letter, postage prepaid, return receipt requested, addressed to the other party, or upon personal service of such notice to the other party, at the address set forth in Article XI.
In the event of termination or cancellation of the Agreement by Consultant or City, due to no fault or failure of performance by Consultant, Consultant shall be paid compensation for all services performed by Consultant, in an amount to be determined as follows: for work done in accordance with all of the terms and provisions of this Agreement, Consultant shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation in accordance with the schedule attached hereto as Exhibit "B"; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would have been paid to consultant for the full performance of the services described in Article IV and the particular purchase order.
In the event of such termination, all finished or unfinished documents, reports, charts, data, studies, surveys, in the possession of Consultant under this agreement shall be returned to City, at City’s option.
i. Should either party to this Agreement bring legal action against the other, the case shall be handled in Los Angeles County, California,
and the party prevailing in such action shall be entitled to reasonable attorney’s fees, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment.
other than Consultant require the testimony of Consultant when
there is no allegation that Consultant was negligent, City shall
compensate Consultant for its testimony and preparation to
testify at the hourly rates in effect at the time of such testimony.
E. Assignment. This Agreement shall not be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, Consultant may use the services of persons and entities not in its employ, when it is appropriate and customary to do so upon prior approval by City. Such persons and entities include, but are not limited to, surveyors, specialized consultants and testing laboratories. Consultant’s use of others for additional services shall not be unreasonably restricted by City, provided Consultant notifies City in advance.
F. Independent Consultant. Consultant is and shall at all times remain, as to City, a wholly independent Consultant. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees, are in any manner the agents, servants or employees of City, it being distinctly understood that Consultant is, and shall at all times remain to City, a wholly independent contractor and Consultant’s obligations to City are solely such as are prescribed by this Agreement.
G. Titles. That titles used in this Agreement are for general reference only and are not part of this Agreement.
H. Extent of Agreement. This Agreement and Exhibit "B" represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.
i. This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
iii. The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.
J. Notices. All notices pertaining to this Agreement shall be in writing and addressed as follows:
If to Consultant:
Ms. Patricia McLaughlin
Moore Iacofano Goltsman, Inc.
169 N. Marengo Avenue
Pasadena, California 91101
If to City:
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.
MOORE LACOFANO GOLTSMAN, INC.
CITY OF RANCHO PALOS VERDES
Exhibit "A" - City of Rancho Palos Verdes
Infrastructure Renewal and Maintenance
Public Information Program Phase I
Scope of Services
TASK 1.0 Project Initiation, Strategy Development and Administration
MIG will conduct a project initiation meeting and strategy workshop in Rancho Palos Verdes with staff, the Infrastructure Financing Team and any other designated individuals to finalize the scope of work and develop goals, issues, messages/outreach methods and an implementation plan, including timeline, schedules, anticipated budgets and responsibilities. Patricia McLaughlin, Joyce Vollmer, Sam Gennawey and Tim McLarney will attend this meeting. This task also includes: ongoing internal strategy meetings/discussions among the MIG Team and between the MIG Team and RPV staff and preparation of project reports.
The MIG team will review existing public surveys; materials on sewers, storm drains and parks and open space; background on Rancho Palos Verdes issues; and any other relevant research materials.
Products: Revised Work Program, Strategy and Budget. Wallgraphic reproduction. Monthly 1-page status reports
Task 2.0 Infrastructure Finance Team and Finance Advisory Committee Meetings
The MIG Team will attend ongoing meetings of the Infrastructure Finance Team. This task assumes two (2) of these meetings during Phase I, attended by the Patricia McLaughlin in person and either Joyce Vollmer or Sam Gennawey, depending upon the subject matter of the meeting. Tim McLarney from True North Research will also attend the meetings as needed. A member of the MIG Team will also participate in two (2) meetings of the Finance Committee during Phase I.
Product: Meeting Synopses and up to two (2) wallgraphic reductions
Task 3.0 Stakeholder Interviews
MIG will conduct up to thirty-five (35) key stakeholder interviews. We will develop the list of individuals to be interviewed during the Project Initiation Meeting/Strategy Development Workshop. We anticipate that these individuals may include, but not be limited to: RPV Management Staff; members of the Finance Advisory Committee; City Council members; business and community leaders; and others who might be expected to either strongly support or oppose any proposed financing measures. RPV staff will arrange for these interviews; as many as possible will be grouped sequentially and occur at City Hall during one or two days, and the rest conducted by telephone. We will prepare a synopsis of the interview findings, implications and recommendations, for discussion at a meeting with the Infrastructure Finance Team.
Task 4.0 Baseline Survey
The MIG team will work with City Staff and the Infrastructure Finance Team to narrow the options for both the types of infrastructure maintenance and improvements the community has indicated it would likely support, and the types of funding mechanisms. The scope of work for the survey includes:
The results of Tasks 1-3 will help determine the best methodology to use for the survey. Two issues, in particular, can be expected to have an impact on costs:
To simplify the options for budgeting purposes, we’ve assumed a sample size of 600 respondents, which will allow for a split sample to test two different types of measures, should that be necessary, and match to the assessor’s files. (These costs do not include purchasing the assessor’s file; we assume the City can provide the file since it is already working closely with an assessment engineering firm.)
Task 5.0 Presentation to the City Council
Upon request by staff, MIG will present a report of its findings resulting from Task 4.0 to the City Council, along with its recommendations.
Name Title Hourly Rate
Pat McLaughlin Principal-In-Charge $150.00
Joyce Vollmer Service Director $145.00
Sam Gennawey Project Manager $115.00
Ed Canalin Art Director $115.00
Eileen Takata Senior Project Associate $ 90.00
Project Support $ 75.00