HomeMy WebLinkAbout08. Approve Contract w-Cerrell Assoc - Ballot Measure Public Outreach ServicesIte; elil
FROM: • • THE CITY MANAGER
BY: VANIAH DE ROJAS, ASSISTANT TO THE CITY MANAGER
That the City Council:
1. Approve an agreement with Cerrell Associates, Inc. for Ballot Measure Public Outreach
Services
2. Authorize the Mayor to execute the agreement.
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In October 2019, the City issued a Request for Proposals (RFP) for Ballot Measure Public
Outreach Services. The City received two (2) responses to the RFP: TBWB Strategies and
Cerrell Associates, Inc.. The submissions were evaluated based on the following criteria by
staff:
1. Organization, presentation, and content of the proposal
2. Experience and demonstrated record of successfully completion of public outreach
services
3. Positive References
4. Qualification of personnel
5. Adherence to requirements of the RFP
6. Cost for services
After careful evaluation of the submissions, it has been determined that Cerrell Associates, Inc.
is the most qualified firm to conduct ballot measure public outreach services for the City of
Downey.
CORTRACT FOR BALLD-1715�—
FEBRUARY 11, 2020
PAGE 2
ingineir-11jyjk3rig M-e Q. "amfiNg
FISCAL IMPACT
The not to exceed cost of $140,288 for ballot measure public outreach services is included
the FY 2019-20 City budget. i
ATTACHMENTS
CITY OF DOWNEY
PROFESSIONAL
WITH CERRELL ASSOCIATES, INC.
FOR BALLOT MEASURE PUBLIC -
1. PARTIES h DATE.
This Agreement is made and entered into this I 11h day of February, 2020 by and
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("C4")
and Cerrell Associates, Inc., a California corporation, with its principal place of business at
320 N. Larchmont Boulevard, Los Angeles,•lil+ • and Consultant
sometimesare ♦ • referred to and collectively as "Parties."
licensedConsultant desires to perform and assume responsibility for the provision of certain
professional Ballot Measure Public Outreach Services required by City on the terms and
conditions set forth in this Agreement. Consultant repreI that it has demonstrated
competence and experience in providing Ballot Measure Public Outreach Services to publi*
clients, is in the State of California,and is familiar with the plansof
City desires to engage Consultant to render such services for the Ballot Measure
Public Outreach Services project i forthAgreement.
31 1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Ballot Measure Public Outreach
Services necessary for •; -moreparticularly
described in Exhibit "N' attached hereto and incorporated herein by reference. All Services
shall be subject to, and performed in accordance with, this Agreement, the exhibits attached
hereto and incorporated herein by reference, and all applicable local, state and federal iaws,
rules •regulations.
3.1.2 Term. The term ofthisAgreement be •t' February o
November 2020, unless earlier terminated as provided herein. Consultantcomplete
the Services within the term i'' this lei"' • shall meet other established
3.21 Control and Payment of Subordinate!�� Indeoendent Contractor. The
Services shall be performed by Consultant or under its supervision, Consultant will
tetermine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement, Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultants exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to r
. social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, an,1
hold harmless CITY for the payment of any employee and/or employer contributions for
CaIPLERS benefits on behalf of Consultant or its employees, agents, or su,bcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
Schedule of Servicea. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
A I I
Seirvices setfOrth 'or, Exhilibit "r1% adachad hereto and inco rpio rated herair, by reference
Consultant represents that it has, the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services. The parties acknowledge that the
Schedule of Services may be amended by mutual agreement due to changes in
circumstances, including changes in the performance schedules of other third parties
performing work for the City on the Project, which affect the timing of Consultants
performance of the Services.
3.2.3 Conformance to olic ble Re uirements. All work prepared by
Consultant shall be subject to the approval of City,
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100011 -
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies, If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of thi
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreemen
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completi
of the Services under this Agreement. I
3.2.11 Safe!Y. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conons under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions in
accident prevention for all employees and subcontractors, such as safe walkways, scaffolds.,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.31 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "A" attached hereto and incorporated herein by reference. The total
compensation shall not exceed One Hundred Forty Thousand, Two Hundred Eighty -Eight
Dollars and 00/100 cents ($140,288) without written approval of the City. Extra Work may be
authorized, as described below, and if authorized, said Extra Work will be compensated at
the rates and manner set forth in this Agreement.
3.3.2 Paymentrof Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
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3,3.3 Reim bu rsarnen t foil _Exgenses, Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement., City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement, Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager,
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151.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause
for the City's convenience and without cause by giving written notice to Consultant of such
A - - ve Jale thefeut, ai ieabt seven (7) days before the Vt;f 1-111 f-I da LI U 11YI L11 I u" u 'Ie effective date of such termination. Consultant may only terminate this Agreement for caus
upon giving the City not less than seven (7) calendar days'written notice.
Upon term i nation, -Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following term. ination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause"for which either party may terminate this
Agreement as provided herein:
Substantial failure by the other party to perform in accordance with the terms of
this Agreement and through no fault of the terminating party;
Assignment of this Agreement or transfer of the Project by either party to any
other entity without the prior written consent of the other party;
Suspension of the Project or the Consultant's Services by the City for more than
ninety (90) calendar days, consecutive or in the aggregate, without good cause;
Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Project, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.3 ' Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
�to
Cerrell Associates, Inc.
320 N. Larchmont Boulevard,
Los Angeles, CA 90004
Phone: (323) 466-3445
Attn: Steve Bullock, Chief Financial Officer
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
City of Down -
a iOffice
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S, Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service,
3.5.3.1 Documents & Data: Licensina of Intellectual Prope[!y. This
Agreement creates a no,n-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodieli
in plansi, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not linlited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Consultant shall require all subcontractors to agree in wrng that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data, Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Confide ntia lily. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, writt
information, and other Documents and Data either created by or provided to Consultant in
Cr%nniznfinn with tha narfnrmmn#-,m nf *hie Ammsay"cir-4 taln-mll k^ IGU144
1-1. W_ fl%e.%J %0%01 1 %1W Wy %0 1 LCMI It.
Such materials shall not, without the prior wdften consent of City, be used by Consultant fo
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or thel
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is
generally known, or has become known, to the related industry shall be deemed confidenti
Consultant shall not use City's name or insignia, photographs of the Project, or any publici
pertaining to the Services or the Project in any magazine, trade paper, newspaper, televisi
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooceration; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
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3.5.7 Entire Acireement. This Agreement contains the entire Agreement of th'z
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governing I s
I _Law. This Agreement shall be governed by the aw ofthe
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of ihe essence for each and every provision of
this Agreement.
3.5.110sRi htto Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on th(---
cuccessors and assigns of the parties.
3,5.12Assi nment or Transfer, Reither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
L1110 VIIUI VVInvull Quilwulit U1 L11tv vulivi PdIty. 1-%Ity duwllpt LU UV bu Z511dit uc:� IJUII anu VQIU' arlu
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer,
3.513 Construction; References � Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, "the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to C4 include its elected officials, officers, employees, agents and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party a
contractual rights by custom, estoppel, or otherwise. I
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3,5.17 Invalidiht, Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
vrovisions shall continue in full force and effect.
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3.5.22 Counterparts, This Agreement may be executed in counterparts, each oi
which shall constitute one and the same instrument.
11 11 11 6 fM
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, puri�hase order, or notice to proceed, the provisions of this
Agreement will govern and control.
CITY OF DOWNEY,
a California municipal corporation
and charter city
M
Approved as to Form:
I ka A
-Attorney
..........
--------------
By:
Steve Bullock
Its- Chief Financial Officer
M=
Vj*3MMME3z=
11
has 1
February — March: Planning and Message Development
0 Kick-off team meeting
Develop communication plan and finalize with City approval
•Draft program core messages and finalize with ity approval
Build outreach list identifying key stakeholder groups
Draft collateral materials using approved message and finalize with it approval
• Fact Sheet
• FAQ Sheet
• Palm Card
o PowerPoint Presentation
•Building social media calendar with content fort City to post on tis online channels
•Draft contest for City electronic and printed newsletter
Begin planning for community/Council meetings
Draft content for community/committee meeting flyer and feedback card, and finalize with City
approval
•Meet with it staff for feedback and share results
April — July: Initial Stakeholder/Communityii:ieageroeM
* Engage targets on stakeholder outreach list
• Work with City to schedule briefings with local media
• Design and distribute direct mail pieces
• Hold first and second community/committee meetings
• Meet with City staff for feedback and share results
Phase 2
August — November: Post — Council Vote Engagement
• Build second phase social media calendar
• Update collateral materials with specific ballot measure information
• Continue engaging targets on stakeholder outreach list
• Conceptualize and draft content for online video series and finalize with City approval
• Update community/committee meetings flyer for additional meetings(s)
• Work with City to update key reporters
• Continue engaging public ihrough existing online/City channels and disseminating educational
information
• Hold third community/committee meeting
Average Monthly Cost: $7,246
Direct Printing Cost: $1,825
Video Series: $3,000
Informational Mailer to Community:
Estimated Quality of all Voter households: 30,000
Each Mailing Estimate: $21,000 ($.70 — per piece includes design, printing, and postage)
CERRASS-01 EHERNANDEZ
CERTDATE (MM/oDrrYYY)
II LIABILITY I 1/22M2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # OG19762 CONTACT Ash Williams
NAME:
Momentous Insurance Brokerage Inc PHONE FAX
5990 Sepulveda Blvd., #550 (A/C, No, Ext): (818) 933-9879 (A/C, No):( 18) 933-2286
MA'Van Nuys, CA 91411 ash.williams@mmibi.com
` INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA:LIoyd's of London Underwriters
INSURED INSURERS:
Carrell Associates, Inc. INSURER C :
320 N. Larchmont Boulevard INSURER D
Los Angeles, CA 90004-4301
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
fNSR TYPE OF' INSURANCE ADDL SUaR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
.LTR tNSD WVD 8iviomnNYYY1 IM'MdO(71YYYY'I
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5
DAMAa E TO REN FED
CLAIMS -MADE OCCUR PREMISES IEToccanrfence) S
GEN'L AGGREGATE LIMIT APPLIES PER:
OTHER
AUTOMOBILE LIABILITY
ANY AUTO
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SCHEDULED
AUTOS ONLY
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UMBRELLA LIAB OCCUR
EXCESS LIAR CLAIMS -MADE
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH)
If ys, descrbe under
DESCRIPTION OF OPE,RAT IONS below
A Errors 8r Omissions
MED EXP (Arty one pi=rl) S
PERSONAL & AOV IWURY 5
GENERAI, AGGREGATE S
PRODUCTS COMPfOP AGG S
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COMBINEDSINGLF LIMIT
(Ea acccadant) 5
BOOKYINAIRYIParporsrawl S
RC0LY INJURY (Par wadem) S
PROPERTY CD,AMAC, E
IPar aCc;donl) $u
rA[arsC.CCURRE.NCE $
AGGREGATE S
5
PER OTH_
STATUTE ER
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E, L DISEASE r POI.ICY IJMI T S _
CR-165050 8/17/2019 8/1712020 Aggregate/Each "Loss 2,000,000
Retention/Deductible 25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mane space is required)
The Professional Liability portion of this policy is written on a claims -made and reported form. Defense costs and claims expenses are paid from the policy
limit and subject to the retention amount.
Evidence of Insurance Only
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Downey THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Y Y ACCORDANCE WITH THE POLICY PROVISIONS.
11111 Brookshire Avenue
Downey, CA 90241
AUTHORIZED REPRESENTATIVE
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