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Home My WebLink About2013/12/10 Item 11 _��_- -=��- y ., _-.�--==-:�=�-, CITY COUNCIL � � - � - AGENDA STATEMENT -_ ��.�. _ ��ri __ _ �� CITY OF CHULA VISfA DECEA4BER 10, 2013, Item �� ITE�4 TITLE: RESOLUTION OF THE CITY COiJNCIL OF THE CITl' OF CHULA VISTA APPROVING A CONTRACT R%ITH TB��'B STRATEGIES TO PROVIDE POLLII�TG AND PUBLIC OUTREACH COI�'SULTAi\TT SERVICES AND APPROPRIATING �106.800 ACCORDII��GLY SUBn'IITTED BI': GARY HALBER�, SSISTAI�'T CITY MAI�'AGER REVIE�VED BY: CITY MANAGER S� ��— 4/STHS VOTE: YES � NO � SU!VIl�ZARl' At the March; 2013 City Council Infrastructure R'orkshop; staff presented a report on Infrastructure Needs and Financing. The Council has approved an asset management proaram that will provide the foundation for de��elopine a fiscally sustainable infrastructure s}stem/manaeement strateg}�. A critical step in this process is to eneage the community on identifi�ine needs and to build broad consensus azound priorities. In September, 20li. the City released a Request for Proposals to engage consultants to perform polling and public outreach and communication services pertainin2 to infrastructure needs and potential fundine opportunities. Through the Cih's consultant selection process for these sen ices, staff has neeotiated a proposed contract �+�ith TB�VB Strategies. This action��ould approve the contract and appropriate necessan� funds. E\`�'IRONn�IENTAL, REVIE�V The De��elopment Services Director has revie��ed the proposed activit}� for compliance ��ith the Califomia Em�ironmental Quality Act (CEQA) and has determined that the activin� is not a "Project" as defined under Section 1�378 of the State CEQA Guidelines because it involves a go�emmental administrati�e activit}� consistine of the appro�al of an agreement for consultine semices that «ill not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 1�060(c)(3) of the State CEQA Guidelines the activit�� is not subject to CEQA. Thus, no em ironmental re��ie«� is required. 11 -1 DECEn�BER 10, 2013; Item I� Page 2 of 4 RECOMMENDATION Approve Resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION At the n�arch, 2013 City Council Infrastructure Workshop, staff presented a report on Infrastructure Needs and Financing. Last month, the City Council approved a contract for an inventory and condition assessment of the Cit}''s infrastructure assets. A condition assessment includes an estimate of the asset's likelihood of failure and an evaluation of the direct and indirect impacts of the asset failure. A condition assessment assists the City in prioritizing the allocation of limited resources based on the probability of failure of an asset and the consequence of failure. In addition to condition assessment, it is also important to engage the community on infrastructure needs, priorities and potential funding options. The community needs to be apprised of the City's needs from the infrastructure assessment and provided the opportunity to provide input on the road, storm drain and other infrastructure improvements that are most needed in their neighborhoods. This engagement effort will aide in determining solution options for addressing our infrastructure deficiencies. In September, 2013, the City released a Request for Proposal (RFP) to employ consultants to perform polling and public outreach and communication services to assist in this public engagement effort. Consultant Selection Process The RFP was issued on September 27, 2013. Three proposals were received by October 24, 2013, from the followine Consultants (listed in alphabetical order): • Fairbanl:, Maslin, Maulin, Metz & Associates (for polling services only) • The Le��Ed�vards Group/Fairbanl:, Maslin, Maulin, Metz & Associates • TBWB Strategies/True North Research A staff Selection Committee evaluated the proposals. Based on their evaluation, the Selection Committee identified TBWB Strategies/True North Research as the recommended firms. The proposed agreement with TBWB Strategies, ��hich includes True North Research as a sub-contractor, has been prepared using the City's Standard T��o- Party Agreement. The scope of services and pricing ��ere negotiated between the Consultants and City staff. � 11-2 DECEA�IBER 10; 20li, Item /� PaQe 3 of 4 The contract ��ill ha��e a maximum aseregate contract limit of�87,784. The table belo�� summarizes the proposed contract funding amounts: Firm Not to E�ceed Materials/Travel n4a�imum Consultant Fee n4a�imum Ae�regate Limit TB�'�'B Strate¢ies �.i9.000 �26.336 565.336 True North Reseazch �22.4�8 - S22.4�8 (Sub-contractor) TOTAL �61.458 �26.336 �87.794 In addition to the consultant services, appropriations are necessarv in the amount of 516,800 to co��er the estimated cost of postaQe for a proposed mailer._ Other Sw-vevs Planned The Cin� of Chula Vista is considering additional communin� surve}�s as well. These include: • Resident Opinion Survey (Police Dept.) — This sun�ey is conducted every tti�o }�ears to assess residents' attitude and opinions about public safety and Police related issues. Staff is considering a telephone and/or a mail-based sumey. • Regional D4azketing Sun�ey (Communications Dept.) - The Cit}� of Chula Vista plans to conduct a countti��de sun�e�� to eauge a�+�azeness about Chula Vista; what do peopie l:no��about Chula Vista�s assets (Olympic Trainine Center, Chula Vista Marina, Otati� Ranch To��m Center, etc.), what don't they l:no��, and what aze their attimdes about the city. The sun�ey results ��ill be used to help develop mazketing messaees for economic development; tourism, and attractin� residents. Staff is recommendin� a statisticall}�-valid online survey usine the Luth Research SurveySa�nyTM online paneL The local panel of 400 participants �+�ill be selected based on the 2eograph}� and demographics required for the analvsis.. DECIS101�� AZAKER CO\TF'LICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently; the �00-foot rule found in California Code of Rewlations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently a��are; and has not been informed b�� anv City Council member, of any other fact that ma��constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's StrateQic Plan has five major eoals: Operational Etcellence, Economic Vitaliry; Healthy Communin�; Strong and Secure Neighborhoods and a Connected Community. The proposed action is an identified task for this F1' in the Strategic Plan under Stron� and Secure Neiehborhoods, Asset Manaeement Program Objective. 11 -3 DECEMBER 10, 2013, Item /� Page 4 of 4 CURRENT YEAR FISCAL IMPACT This action requires the appropriation of$90.000 for consultant services and $16,800 for postage. This appropriation is slightly over the contract amount, as it includes contingency amounts that may not be exercised. Approval of the resolution «�ill result in the appropriation of $106,800 to the Non-Departmental budget's Capital Improvement Projects expense categor}� to increase the budget for CIP GG222 Asset Management. The appropriation of $106,800 �vill be offset by better than anticipated discretionary revenues, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT , The one time appropriation is sufficient to complete the Scope of Services in the contract. The responses to the RFP identified approximate pricing for additional consultant services as needed in the future. Any additional services would be brought back to City Council as a contract amendment. - . ATTACHMENTS Consultants' Disclosure Statements Drafr Standard Two-Party Agreement Prepared b��: Amanda A4i1ls, Assistairt to O�e City Manager,Adntinistratioit Department 11 -4 Exhibit A Disclosure Sfatement Pursuont to City Council Policy 101-01, prior to any action on a matter that requires discretionary acfion by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of cerfain ownerships, financial inieresis, payments, and campaign coniributions must be filed.The following information must be disclosed: 1. List the names of all persons having a financial interesi in the projeci thai is the subjecf of the application, project or contract (e.g., owner, applicant, contracfor, subcontractor, material supplierJ. Political Media. Inc. Charles Heath Jared Boiqon David Tick Sarah Stern Dan Dimendberg 2. If any person' identified in section 1 above is a corporation or parinership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) enfity. Michael Terr; s Barrv Barnes Erica Walters 3. If any person' identified in section 1 above is a non-profit arganization or trust, list the names of any person who is the director of the non-profit organization or the names of the irustee, beneficiary and trusior of ihe irusi. N/A 4. Please ideniify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. .TarPd Boiqon David Tick Amanda Garcia Amanda Brown-Stevens 5. Has any person` identified in l, 2, 3, or 4, above, or otherwise associated with this coniract, projecf or application, had any financiai dealings wifh an official" of the City of Chula Visfa as it relates to ihis contract, project or application within the past 12 monihs2 Yes_No� If yes, briefly describe the nature of the financial interest the official" may have in this confract. 11-5 b. Has any person' anyone identified in 1, 2, 3, or 4, above, or otherwise associated with this coniract, project or application, made a campaign contribution of more than $250 within the past twelve �12) months to a current member of The Chula Vista City Council? Yes_No X If yes,which Council member�s�? 7. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associated with ihis contract, project or applicaTion, provided more than $420 (or an item of equivalent value) to an official*' of ihe City of Chula Vista in ihe past twelve (12� monfhs? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt; gift, loan,etc.� Yes No X If Yes,which official'"and what was the nature of item provided? 8. Has any person' identified in 1, 2, 3, or 4, above, or otherwise associated with this contract, project or application, been a source of income of$500 or more to an official"" of the City of Chula VisTa in ihe past twelve (12� months? Yes No X If Yes, identify the official*" and The nature of the income provided? � � �ate: 0 21 Z��3 Signature of ontract plicant Junuy Jar n Print or ype name of Con ctoNApplicani ' Person is defned as: any individual, firm, co-parTnership,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, disTrict, or oiher political subdivision, or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, and City employees or staff members. "' This Disdosure Statement must be completed at ihe time the projeci application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. � � -6 Exhibit A Disclosure Sloiemeni P�rsuoni lo City Council Policy 107-01. prior to any adion on a motter that req�ires discretionary aciion by �he City Council, Plonning Commission or oiher officiol legisloli�e body o� ihe Ciiy, a siafemeni oi disclosure of cerfain o�+•nerships, finoncial interests, payments, ond campoign coniributions musi be filed.The tollowing informaiion musi be disclosed: t. List ihe nomes of ail persons havina a financial in�eresi in the project ihai is ihe subject o{ ihe application, project or confract �e.g., ov.�ner, applicant, coNroctor, s�bcontroctor. maferial supplier). None io renor[ 2. If any person' identified in sedion 1 obove is o corporafion or porinership, lisf ihe nomes of all individvals with on irn•esiment oi $2000 or more in ihe business (corporation/porinership) enfify. Not applicable 3. If any person' idenfified in seciion 1 obove is a non-pro it aganization or trust, lisf ihe nomes o( ony person who is ihe director oi the non-profit orgonization or the names cf ihe tr�sfee,beneficiory ond lrustor of fhe frusf. � Not apnlicable � 4. Pleose identify every person, including any agenis, employees, cons�ltanis, or independeni contraciors,whom you have oufhorized io represent you before Ihe City in ihis motter. . None to report 5. Has any person' idenfified in 1. 2, 3, or 4, above, or otherwise ossociofed with this confract, project or opplicotion, had ony financiol dealings �•iih an official" o� ihe Ciiy oi Ch�la Visia as ii relates to fhis contrad, projed or applicotion wdhin the past 12 monihs?Yes_No_ Not apnlicable If yes, briefly describe ihe noiwe of fhe financiol iNerest ihe of(iciaP' moy have in this conlrad. � � —� 6. Hos any person' onyone idenii�ied in 1, 2. 3, or 4,above, or olherwise ossocioted with ihis contract, pro�eci or oppiicaiion, mode a campagn contribution of more ihan $250 wifhin the pasi tv✓elve �12J moNhs to a current member of the Chula Visia City Council? Yes_NO_ If yes,which Council member�s�? Not applicable 7. Has any person' identi(ied in 1, 2, 3, or 4, above, or otherwise ossociated wi�h this coNrod, projed or opplicotion, provided more thon $420 (or an item of equivolent volue� to an official" of 1he Ciiy ot Chula Visfa in fhe past lwelve (12� moNhs? (This incl�des ony payment ihot confers o personpl bene(it on ihe recipient, a rebole or discount in fhe price oi anyihing of value,money to ref ire a legal debt,gift,loon,etc.) Yes No_ If Yes,which oificial"ond whai was ihe naiure of item provided? Not applicable 8 Has ony peaon' identified in 1, 2, 3, or 4, above, or otherwise ossociated with this coNrod, project or opplication, been a source of income of $500 or more fo an official" o( the City of Chula Visto in fhe past twelve �12� monfhs? Yes_No_ � If Yes,ideniify the ofiiciol" and ihe noture of ih�_income provided? �' �,� ��1 , , i taot applicable / i r � � i Dafe. 10-17-13 1 , � a � i no ur of CoNractor/ � piic r�i T'mo �+ McLarney, Ph�. , Tr}�e North Reszarch \ I Print or type name ot ContraElot/Applicant ' Person is defined os:ony individual, firm, co-porinership,joint venlure, association, sociol club. fraternol organization, corporation, esiofe, trust, receiver, syndicate, any other county, city, municipaliiy, disirici. or other politicol subdivision, or ony other group or combinolion acting as a unit " Official includes, but is not limiied to: Mayoc Co�ncil member, Planning Commissioner, Member ot a board, commission, or commifiee of the Ciiy, ond Cily employees or stoff members. "' This Disclosure Stotement must be completed at the time Ihe projed applicotion, or coNroci, Is submitted to Cify staff For processing, and updoted wilhin one week prior to consideration by ihe legislative body. � � -8 THE ATTACHED AGREEMENT HAS BEEN REVIE�T�jED AND APPROVED AS TO FORM BY TI� CITY ATTORI�'EY'S OFFICE AI�TD VdILL BE FORMALLY SIGNED UPON APPROVAL BY T'I-lE CITY COLTNCIL � �� / � .- i �Yen�Googins �ity Attorney Dated: 1.��/ � � AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PUBLIC FiNANCE STRATEGIES LLC DB/A/ TBVVB STRATEGIES FOR PUBLIC OUTREACH CONSULTANT SERVICES 11 -9 Agreement beriveen City of Chula Vista and Public Finance Strategies LLC d/b/a TBWB Strategies (TBWB), For PUBLIC OUTREACH CONSULTANT SERVICES This agreement (Agreement), effective December ]5, 2013, is between the City-related entity «�hose name and business form is indicated on E�hibit A, Paragraph 2, (City), and the entit}� "�hose name; business form, place of business and telephone numbers are indicated on Ethibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS VVHEREAS; the Consultant submitted a proposal in response to a Request for Proposal (P06-13/14); and " �rHEREAS, based on their evaluation, a staff Selection Committee identified TB�1'B Strategies/True Nor[h Research as the recommended firms; and WHEREAS, this Agreement involves outreach and communications strategy in connection�rith the Cit}� s infrastructure needs and solutions; and ��l'HEREAS, Consultant ti�arrants and represents that it is eaperienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Pro��isions.] Page 1 Tw�o Pnrfy.4greemenl BeM�een Uie CifP ofCGuln Vism miAPublie Finm�ce Strnleeie.v LLC A/6�n TBH'8 S[mferies ITBII'B)(or Po�b6c OutreacG Consulmn!Sen��res H.Wnomqil.ARQ�LIIs I I-1Y-131TBNB Co.auUantAgrtemene-l2-?-13 tual doc Rrnsed09/IS/13J\[�f � � _� 0 OBLIGATORS'PROVISIO\S PAGES I�OW. THEREFORE, for valuable consideration the Cit}�and Consultant do hereb��mumally aeree as follows: All of the Recitals above are incorporated into this A�reement by this reference. ARTICLE I. CONSULTANT'S OBLIGATIO\'S A. General 1. General Duties. Consultant shall perform all of the sen�ices described on Eshibit A, Paraeraph 7 (General Duties). 2. Scope of �Vork and Schedule. In performine and delivering the General Duties, Consultant shall also perform the semices; and deli��er to Cit�� the "Deliverables-' described in E�hibit A; Paragraph 8; entided "Scope of�Vork and Schedule,` accordine to, and �ti�ithin the time frames set forth in E�hibit A, Paragraph 8, time being of the essence of this aereement. The General Duties and the ��ork and Deliverables required in the Scope of\1'ork and Schedule shall be referred to as the "Defined Sen�ices." Failure to complete the Defined Services by the times indicated does not; eacept at the option of the Ciq�; terminate this Aereement. a. Reductions rn Scope of If'ork. Cit�� mav independentl}�. or upon request from Consultant; from time to time; reduce the Defined Sen�ices to be performed by the Consultant under this Agreement. Upon doing so, Cit�� and Consultant agree to meet in eood faith and confer for the purpose of negotiatine a correspondine reduction in the compensation associated�vith the reduction. b. Additional Sen-rces. In addition to performing the Defined Sen�ices, City ma}� require Consultant to perform additional consulting sen�ices related to the Defined Sen�ices (Additional Sen�ices), and upon doine so in �iTitine, if the�� are ��ithin the scope of services offered b�� Consultant; Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Ezhibit A. Paragraph ]0(C); unless a separate fi�ed fee is othen��ise aereed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressl�� warrants that the ��ork to be performed pursuam to this Agreement; whether Defined Services or Additional Sen�ices, shall be performed in accordance ��ith the standard of care ordinarily exercised b�� members of the profession currently practicing under similar conditions and in similar locations. a. No ii''aiver of Standard of Care. \Vhere approval b�� City is required, it is undersfood to be concepmal appro��al only and does not relie��e the Consultant of responsibilin� for complying ��ith all la��s, codes, industry standards; and liabilit}' for damages caused by neglieent acts; errors, omissions, noncompliance w�ith industn� standards, or the willful misconduct of the Consultant or its subcontractors. Pa�e 2 Txo PaT'Ag�eemm�l Bcn.'ern(he Cip�of Chufrt 1 csm and PuAlit Finrtrtn Snrtreeies LLC A/b/n TB fI B Srcrttreirs?Bfl B)for Pu lm � Ouneach CansvGam Semitet H:�a��+L�rsQ:�wu>>aa-��ve«s c�w�.��-�'--s-u s�aa x�;xa osas��s n�, 1 1 -1 1 B. Application of La«�s. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Aereement requires the Consultant to observe or enforce compliance with an�� provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with anV provision of this Agreement violates or�vould require the Consultant to violate any law, the Consultant agrees to notify City immediatel}� in �i�riting. Should this occur, the City and the Consultant aeree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Aereement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all pareicipants utilized by the Consultant to complete its obligations under this AgreemenL such as subcontractors; comply �vith all applicable laws, regulations, ordinances; and policies, whether federal, state, or local, affecting Project implementation. In addition; if a subcontractor is expected to fulfill am�responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement; and for twel��e months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to propert�- that may arise from or in connection �vith the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of��ork. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Sen�ices Office Commercial General Liability covera�e (occurrence Form CG0001). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. ld�C. �Vorkers' Compensation insurance as required by the State of California and Employers Liability Insurance. d. E&O. Professional Liabi]ity or Errors & Omissions Liability insurance appropriate to the Consultant`s profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Tnsurance. Consultant must maintain limits no less than those included in the table below: Page 3 Tk�o PrtT'Agreement Beneeen the Ciry'ofChuln 1�sM nnAPu6/ic Fittnnre Strmeeies LLC A/b/n TRIi'8 Srmte�ies/TB{i'B)Por Pubhc Ouneoch Consu(mnt Sen�ices H�4nomq��1,ARQlhidls I1-14-13\TB�CB CortsdtzncApeemcnt-123-13 fuul doc Reased09�IS�13A1.A1 � � _� n L i. General Liability: �1,000,000 per occurrence for bodily injun, personal injury, (Including (including death); and propem�damage. If Commercial General operations, Liability insurance �vith a eeneral agereeate limit is used, either products and the general agereeate limit must apply separately to this completed ProjecUlocation or the general ageregate limit must be tH�ice the operations, as required occurrence limit. a licable) ii. Automobile 51,000,000 per accident for bodily injury, includine death: and Liability: propem�damaee. V iii. �Vorkers- Statutory Compensation �1;000,000 each accident Employers S1,000:000 disease-policv Iimit Liability: �1;000;000 disease-each em lo��ee iv. Professional �1.000.000 each occurrence Liabilit�� or Errors & Omissions Liabilitv: 4. Deductibles and Self-[nsured Retentions. Anv deductibles or self-insured retentions must be declared to and approved b��the Cit��. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the Citv, its officers, officials, employees and volunteers; or the Consultant will pro��ide a financial euarantee satisfactory to the Cin� guaranteeine pa��ment of losses and related investieations; claim administration, and defense expenses. 5. Other Insurance Pro��isions. The general liability, automobile liability, and where appropriate; the worker`s compensation policies are to contain, or be endorsed to contain, the follo��ine pro��isions: a. Additionol Insureds. City of Chula Vista, its officers, officials, emploqees; agents, and volunteers are ro be named as additional insureds with respect to all policies of insurance, includine those �vith respect to liability arising out of automobiles owned; leased, hired or borro��ed by or on behalf of the Consultant, where applicable. and, ��ith respect to liability arising out of work or operations performed bti�or on behalf of the Consultant, including pro��iding materials; paRS or equipment fumished in connection with such ��ork or operations. The general liabiliri� additional insured co��eraoe must be provided in the form of an endorsement to the Consultant`s insurance usina ISO CG 2010 (11/8�) or its equi��alent. Specifically, the endorsement must not ewclude Products/Completed Operations coveraee. b. Primary Insura�ace. The Consultanrs General Liability insurance coveraee must be primarv insurance as it pertains to the City; its officers; officials, employees; agents, and ��olunteers. An}� insurance or self-insurance maintained by the Cih�, its officers, officials, emplo}�ees; or volunteers is wholly separate from the insurance of the PaQe 4 Two PaR1'Agrttmtttt Betwrm Mt Cite of Chu(n I��sm nnd Pu6(it Finrtnte Stmtteies LLC d2/n TB�i�B Stmtreies?B16BI for ublic y Ouneach Cartndmnt Sen•ltes H'lA¢omq"L4ftQ!�tik 11-1�.131TBR'B Co�dom.4marcm�7�:�li ScuLdoc a�;uaos�,a�i,mm, 1 1 —1 3 Consultant and in no way relieves the Consultant from its responsibility to.provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thir[y days' prior written notice to the City by certified mail, retum receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. 6. Claims Forms. If General Liabilit}�, Pollution and/or Asbestos Pollution Liability and/or Errors R Omissions coveraee are written on a claims-made form: a. Retro Dt�te. The "Retro Date" must be sho�vn, and must be before the date of the Agreement or the beginning of the ��ork required by the Agreement. b. Alainte�aarice and Evidence. ]nsurance must be maintained and evidence of insurance must be provided for at least five years afrer completion of the �vork required by the Agreement. c. Cuncellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended. reporting" coverage for a minimum of five years afrer completion of the �vork required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptabilitti� of Insurers. Insurance is to be placed �vith licensed insurers admitted to transact business in the State of California with a current A.n9. Best's rating of no less than A V. If insurance is placed w�ith a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines lnsurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund ��hen not specifical(y rated. 8. Verification of Coveraee. Consultant shall fumish the City with original certificates and amendatory endorsements effecting coverage required by Section ].C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. AII certificates and endorsements are to be recei��ed and approved by the City before work commences. The City resen-es the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the covera�e required by these specifications. Paee 5 Tn�o Pnr(��AgreemenlBeM•een 14e Citl�of Chuln 1 nfn nnAPuA(i�Finnnre Strnleeies LLC Nb/n TB II'8 Strnteniec/TBN'B)for Pu6(ic Ovn'earh Cons�dmnt Sereires H Wnomey�U.ARQVylills 11-14-13\TBWB ConsultantAgrecmcno-l2-3-13 fi�l doc Renscd 09/18�13 J�Rf 1 1-1 4 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All co��eraee for subconsultants is subject to all of the requirements included in these specifications. ]0.I�'ot a Limitation of Other Oblieations. Insurance pro��isions under this Article shall not be construed to limit the Consultant`s oblieations under this Aereement. includine Indemnitv. 11. Additional Coveraee. To the eatent that Insurance co��era�e e�ceeds the minimums identified in section 3. recoven� shall not be limited to the insurance minimums. but shall instead extend to the actual polic�� limits. D. Securih' for Performance 1. Performance Bond. In the e��ent that Exhibit A, at Paragraph 18; indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately precedine the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond; in the amount indicated at Exhibit A, Para2raph 18, in the form prescribed b}� the Ciri� and by such sureties ��hich are authorized to transact such business in the State of Califomia. listed as approved b}� the United States Department of Treasury Circular �70, http://��c.fms.treas.eov/c�70. and �i�hose unden��ritins limitation is sufficient to issue bonds in the amount required by the A�reement; and �vhich also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure; except as pro��ided othen+�ise by laws or rewlations. All bonds siened b}� an agent musi be accompanied by a certified copy of such agent`s authorit}� [o act. Suret�� companies must be duly licensed or authorized in the jurisdiction in �vhich the Project is located to issue bonds for the limits so required. Form must be satisfactory ro the Risk 1�9ana�er or City. 2. Letter of Credit. In the e��ent that Exhibit A; at Paraeraph 18. indicates the need for Consultant to pro��ide a Letter of Credit (indicated by a check mark in the parenthetical space immediately precedine the subparaeraph entitled "Letter of CrediP'), then Consultant shall pro��ide to the City an irre��ocable letter of credit callable b}� the City at its unfettered discretion bv submitting to the bank a letter. siened by the City D4anager. statine that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank; and be in a form and amount satisfactoq� to the Risk D4anaeer or City Attomey which amount is indicated in the space adjacent to the term; `Letter of Credit;" in Ea:hibit A, Paragraph 18. 3. Other Securitv. In the event that Exhibit A, at Paraeraph 18, indicates the need for Consultant to provide securit}� other than a Performance Bond or a Letter of Credit (indicated by a check mark in the paren[hetical space immediatel}� precedine the subparagraph entitled "Other Securit�� ). then Consultant shall pro��ide to the City such other securit}� therein listed in a form and amount satisfactory to the Rish Manager or Citv Attorne��. Paee 6 Two Prtrry•.4greement B4wetn the Ciry'ofChula I�ista and Pn6lic Finnncr Stmteeiv LLC d/b/rt TB��B Srmtmies ITBfl Bl for Pub(ic Ouveach Consulmm Sen�ices � H^Aaor�^LARQNLIk 11.14-13UBN'B ComulwLLAve:veot-l�3.I3 finaLdoc R�ss.-a o9na�u n+,�+ 1 1 -1 5 E. Business License. Consultant agrees to obtain a business license from the City and to othen��ise comply��ith Title 5 of the Chula Vista Municipal Code. ARTICLE 11. C1TY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of re��ie�ving the progress of the Defined Services and Schedule; and to pro��ide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities; files and records. as deemed necessary and appropriate by the City, � throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, «�ith the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for thejustifiable delay in the Consultant's performance. B. Compensation. � 1. Follo�ving Receipt of Billine. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in E�hibit A, Paragraph 17; but in no event more frequently than monthly, on the day of the period i�dicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in ExhibitA, Paragraph ]0, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Eahibit A; and shall compensate Consultant for out of pocket eapenses as provided in Exhibit A, Paragraph 1 ]. 2. Supportine li�fonnation. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly e�ecuted payrolls, time records, im�oices, convacts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contaii� the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. E�dusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors; omissions; negligence or acts of willful misconduct of the ConsultanL its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant s negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than �vould ha��e resulted if there �i�ere no such negligence, errors, omissions, Consultant shall reimburse City for any additional espenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Aereement. Page 7 T�va Pnrt}•Agreemenf BeMren the Cip�ojChuln IStln nnd Pu6(ie Finnnre Strnteeies LLC d/A/n TBIi B Strn(eries lTBI{g�(nr PubLc Oulreach ConsuLant Sen�ires H Wnomq�LL,ARQe\Shcs 11-1�-13\TBWB ConsuluntAgrtement-12d-13 firal doc Re�iud09/IS/13.RA1 1 1 —1 6 4. Pa��ment I�'ot Final Approval. The Consultant understands and agrees that pa«nent to the Consultant for any Project cost does no[ constitute a City final decision about ��hether that cost is allo��able and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acl:nowledees tha[ City ��ill not make a final determination about the elieibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed; whichever occurs latest. If City determines that the Consultant is not entided to receive am� portion of the compensation due or paid, City�+�ill notifi�the Consultant in writine; stating its reasons. The Consultant aerees that Project closeout ��ill not alter the ConsultanYs responsibility to retum an}� funds due City as a result of later refunds, corrections. or other similar transactions; nor �+�ill Project closeout alter the rieht of Cit}� to disallo�+� costs and reco��er funds provided for the Project on the basis of a later audit or other re��iew. a. Consu/tont's Obligation to Pay. Upon notification to the Consultant that specific amounts are o��ed to City, �vhether for excess pa}�ments or disalloH�ed costs, the Consultant agrees to remit to Citv promptly the amounts o��ed, including applicable interes[. ARTICLE III. E7 HICS A. Financial Interests of Consultant 1. Consultant is Desienated as an FPPC Filer. If Consultant is desienated on Exhibit A. Paraaraph 14, as an "FPPC filer," Consultant is deemed to be a"ConsultanY` for the purposes of the Political Reform Act conflict of interest and disclosure pro��isions, and shall report economic interests to the Cit}� Clerk on the required Statement of Economic Interests in such reportina cateoories as are specified in Paragraph 14 of Exhibit A; or if none are specified, then as determined by the City Attorne��. 2. IVo Participation in Decision. Re�ardless of��hether Consultant is desienated as an FPPC Filer, Consultant shall not make; or participate in making or in any ��ay attempt to use ConsultanPs position to influence a govemmental decision in «�hich Consultan[ kno��s or has reason to knoH� Consultant has a financial interest other than the compensation promised b}�this Aereement. 3. Search to Determine Economic Interests. Reeardless of whether Consultant is desienated as an FPPC Filer; Consultant �varrants and represents that Consultant has dilieentl�� conducted a search and inventorv of Consultant's economic interests. as the term is used in the reQulations promuleated by the Fair Political Practices Commission, and has • determined that Consultant does not. to the best of Consultant's kno��=ledee, have an economic interest ��hich ��rould conflict with Consultant's duties under this Aereement. 4. Promise Not to Acquire Conflictine Interests. Regardless of whether Consultant is designated as an FPPC Filer. Consultant further ��arrants and represents that Consultant ��ill not acquire, obtain; or assume an economic interest during the rerm of this Page 8 Two PaR}•Agreemmt BeM�tm!ht Cip�of Chu[a 19tm and Pub(ic Finrtncr Stmneies LLC A/b/n TB�BB Srmtniv/TBO�BI for Public Oumeach Cortsulmnr Senires H1ACmm1L4RQ'�1dk 17-1413UBR'B Conadmm.4pernem-l2-}13 finaLdac Re�ise109/Id�13J�fAf � � _� � Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Dutv to Advise of ConflictinQ Interests. Regard]ess of whether Consultant is designated as an FPPC Filer; Consultant further warrants and represents that Consultant ��ill immediately advise the City Attorney if Consultant ]earns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific \�rarranties Aeainst Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor ConsultanPs immediate famil�� members, nor ConsultanPs emplo}�ees or agents (Consultant Associates) presently ha��e any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radia] miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other re��ard or gain has been made to Consultant or Consultant Associates in connection with ConsultanPs performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. a Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the eapiration of this Agreement, except�i�ith the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement; except �vith the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The pro��isions of this section apply if a Liquidated Damages Rate is provided in Eahibit A, Paragraph ]3. 1. Estimatine Dama¢es. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used theirjudgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalh�. Failure to complete the Defined Services ��ithin the allotted time period specified in this Agreement shall result in the follo�ving penalty: For each consecutive calendar day in eacess of the time specified for the completion of the Page 9 Tx�o Pnrry'Agreemen(BeM�een Nie Cip�of Clw(n I'ism nnd Publie Firmnce S/rntenirs LLC d/b/rt TBIl'R titrrsle¢ie�/TB IDB)!or Public Ouveach Consulmn�Sen��ret H Wnomey�l.ARQRLIIs I Id413\TB\1B CortvnitantAgreement-l2d-I3 final doc Re�iud09/1&131MM11 1 1 —1 8 respecti��e ��ork assignment or Deliverable; the Consultant shall pay to the City. or ha��e withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A; Paraeraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly pre��ented or delayed b}� reason of strikes, lockouts, labor disputes, unusual eovemmental dela}�s, acts of God, fire, floods; epidemics, freight embareoes, or other causes bevond the reasonable control of the Consultant. as determined�bv the Cit��. Consultant shall be excused from performine that act for the period of time equal to the period of time of the prevention or delay. In the e��ent Consultant claims the existence of such a delati�, the Consultant shall notify the Ciry's Contract Administrator; or designee. in �vritine of that fact ��ithin ten calendar days after the besinnine of an�� such claimed delay. Extensions of time will not be granred for delays to minor portions of��ork unless it can be sho��m that such delays did or��ill dela��the proeress of the work. ARTICLE V. II��DEn�INIFICAT[OI�' A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allo�i�ed by la�v, Consultant shall defend, indemnify; protect and hold harmless the City, its elected and appointed officers, aoents and employees, from and aeainst am� and all claims. demands. causes of aciion; costs; expenses. (including reasonable attorne}�'s fees and actual costs); liabiliry. loss, damage or injun�, in law or equity; to property or persons, includine �+�ronsful death; in an�� manner arising out of or incident to anv alieeed acts; omissions, neelieence; or �villful misconduct of Consultant, its officials; officers; employees, aeents; and contractors; arising out of or in connection with the performance of the Defined Sen�ices, the results of such performance, or this Aereement. This indemnity provision does not include am� claims; damages, liabiliq�, costs and eapenses arisine from the sole neelieence or sole �i�illful misconduct of the Cit��, its officers, emplo}�ees. Also co��ered is liability arisine from; connected with, caused by or claimed to be caused by the acti��e or passive neglieent acts or omissions of the Ciq�; its aeents; officers or emplo�'ees ��hich may be in combination �vith the active or passive neelieent acts or omissions of the Consul[ant, its employees; agents or officers, or any third part}�. 2. Desian Professional Sen�ices. Noti+�ithstanding the foreoing; if the services provided under this A�reement are desien professional ser��ices; as defined b�� Califomia Ci��il Code section 2782.�, as may be amended from time to time. the defense and indemnity oblieation under Section 1, above, shall be limited to the estent required b}� California Ci��il Code section 2782.8. 3. Costs of Defense and Award. Included in the oblieations in Sections A.1 and A.2, above, is the Consultanrs obligation to defend; at Consultan[-s o��n cost; expense and risk; an�� and all suits, actions or other le�al proceedines; that may be broueht or instituted aeainst the Cit}�, its directors, officials. officers, employees; a�ents and/or volunteers; subject to the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.I. and Pa�e 10 Two Parry•.4gntmm7 BeM�t�n the Cin'oJChula 1'tsm rtttd Pub(it Finnnte Strateeies LLC A/b/n TBBB StrnfePits?BNB)(or PubLcV � Outreach Cortsvlmnt Sen�ires H:Na�p�L1RQ�\7�y�ll-IS.134TBR'BCornitamApccncm'123-13fioaldoc . . , a��a o9as��s nti�� 1 1 -1 9 A.2., Consultant shall pay and satisfy any judgment, a��ard or decree that ma}' be rendered against Cit}� or its directors, officials, officers, employees, agents and/or volunteers; for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds; if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration b}�the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. SurvivaL Consultant's obligations under Article V shall survive the termination of this Agreement. 8. No Alteration of Other Obliu,ations. This Article V, shall in no ��ay alter, affect or modify any of the Consul[ant`s other obligations and duties under this Agreement. ARTICLE VI. TERI�9INATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner ConsultanPs obligations under this Agreement, or if Consultant shall violate any of the covenants; agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. In that event, all finished or unfinished documents, data, studies, sun�eys, drawings, maps, repoRS and other materials prepared by Consultant shall; at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and o[her materials up to the effective date ofNotice of Termination. B. Termination of Agreement for Con��enience of City. City may terminate this Agreement at an}' time and for any reason, by giving specific wrilten notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall; at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to recei��e just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby e�pressly �vai��es any and all claims for damages or compensation arising under this Agreement escept as set forth in this section. Page 11 TM•o Pnrtp Agreemertf BeM•een d�e Citc afCludn IQsm nnAPublic Finrtnce Strn/epies LLC A/b/n TB 0B Slmteeies/TBIi'Bl Por Puhhc Omreaeh Consvdmnt Sen�ses H Wnomq�LLARQ\\Wls 1 I-1i-13\TBN'B Cort�uluntrlpee�rcnt-12d-13 fu�ai dm Rensed09�18�131MM � i_qO I L ARTICLE VTI. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) ��ears folloH�ine completion; the Consultant a2rees to maintain, intact and readilv accessible; all data; documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant aerees to permit; and require its subcontractors to permit Citv or its authorized representatives, upon request; to inspect all Project �+�ork, materials, payrolls; and other data; and to audit the books; records, and accounts of the ConRactor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant aerees that Project doseout does not alter the reporting and record retention requiremenu of this Aereement. ARTICLE \TIII. PROJECT COA4PLETION. AUDIT. AI�'D CLOSEOUT A. Project Completion. Within ninety (90) calendar da}�s followine Project completion or termination bv City; Consul[ant agrees to submit a final cenification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant aerees to perform financial and compliance audits the City ma}� require. The Consultant also agrees to obtain any other audits required b�� City. Consultant agrees that Project closeout ��ill not alter Consultant's audit responsibilities. Audit costs are allo�i�able Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultan[ that City has closed the Project, and either forn�ards the final payment or acl:no��ledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate an�� continuine requirements imposed by the A2reement or any unmet requirements set forth in a�«itten notification from City ARTICLE I?�. A4ISCELLANEOUS PROVISIONS A. Assignabilih'. The services of Consultant are personal to the Cit��, and Consultant shall not assign any interest in this Agreement; and shall not transfer an}� interest in the same (��hether b}�assignment or notation); �vithout prior written consent of Cih�. 1. Limited Consent. City hereby consents to the assienment of the portions of the Defined Sen�ices identified in E�hibit A; Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. O«�nership, Publication, Reproduction and Use of D'Iaterial. All reports; studies; information; data, statistics; forms, desiens, plans; procedures, s}�stems and any other materials or properties produced under this Aereement shall be the sole and e�:clusi��e property of City. No such materials or properties produced in �vhole or in part under [his Page 12 TwoPam•Agreemm18eM•ernJhrLip�ofChu(ahis(aandPublioFinnnceSlmte2iesLLCrUb/rtTB118Stm1r¢iesRBNBlfar u6(ic Ourreach Cansvlmm Sen�ices x:v,�a�+�eQ't�iat��-is-u�rewaco��am.�+��e-��-s-i��.a«1 fte.ised09r18�131�A1 � I _n� L Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the eapress written consent of City. City shall ha��e unrestricted authorit}�to publish, disdose (eacept as may be limited by the provisions of the Public Records Act), distribute, and othenvise use, copyright or patent, in �i�hole or in part, any such reports. studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City mai�tains the right only to reject or accept Consultant's work products. Consultant and any of the CoasultanPs agents, employees or representatives are; for all purposes under this Agreement, independent contractors and shall not be deemed to be employecs of City, and none of them shall be entitled to any benefits to which Cit}� employees are entitled includin� but not limited to; overtime; retirement benefits, ��orker's compensation benefits, injury leave or other leave benefits. Therefore, City ��ill not withhold state or federal income tax, social security tax or any other pa}�roll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless �vith regard to them. I. Actions on Behalf of Citv. Eacept as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or othenvise. Consultant shall have no authority, e�press or implied, to bind City or its members, agents, or emplo}�ees, to any obligation whatsoever, unless eapressly provided in this Agreement. 2. No Obli¢ations to Third Parties. In co��nection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to an}� third party, including its agents, employees; subcontractors, or other person or entity thaf is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier; City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the pro��isions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith ��ith City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on E�hibit A; Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. Page 13 Tx�o Pnstp Ae reemertf 8eM•een ffie Ciq�ofCNulrs l'ism nnAPub(ie Fircnnce Stmleeirv LLC A/A/n TBMg S(rnfeeies/TBI7'B1 Por Pu !m Omreach Consulmrct Servrces H Wname��V.ARQ�M1WLs I I-14-13\TBN'B Coe�tultantApeemen[-123-13 final da Raucd 09�18�13 JAIA1 � � —Z Z F. Term. This Aereement shall terminate �vhen the parties ha��e complied �vith all executon� pro��isions hereof. G. Statement of Costs. In the e��ent that Consultant prepares a report or document. or participates in the preparation of a report or document in performine the Defined Services; Consultant shall include; or cause the inclusion of; in the report or document, a statement of the numbers and cost in dollar amounts of all contracu and subcontracts relatins to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesmau. If the bo� on Exhibit A, Paraeraph 1� is marked; the Consultant and/or its principals is/are licensed with the State of Califomia or some other state as a real estate broker or salesperson. Othenvise, Consultant represents that neither Consultant. nor its principals are licensed real esta[e brokers or salespersons. I. \Totices. All notices. demands or requests pro��ided for or permitted to be gi��en pursuant to this Aereement must be in ��ritine. All notices; demands and requests to be sent to any party shall be deemed to ha��e been properl�� eiven or served if personall}� served or deposited in the United States mail; addressed to such pam�; postage prepaid, registered or certified; with retum receipt requested, at the addresses identified in this Aereement as the places of business for each of the desienated parties. J. Integration. This Agreement; toeether with an}� other written document referred to or contemplated in it; embody the entire Aereement and understanding between the parties relatin� to the subject matter hereof. \'ei[her this Agreement nor any provision of it ma�� be amended, modified; �vaived or discharged eacept b}� an instrument in �rriting ezecuted b�� the part}� against ��hich enforcement of such amendment; waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement �varrants and represents to the other party that it has leeal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Aereement. L. Gocerning La«Nenue. This Aereement shall be 2overned b}� and construed in accordance �vith the la��s of the State of California. Anv action arisine under or relatine to this Aereement shall be broueht only in the federal or state courts located in San Dieeo County, State of Califomia; and if applicable, the Citv of Chula Vista; or as close thereto as possible. Venue for this Agreement; and performance under it shall be the City of Chula Vista. (End of page. Nest page is signature page.) Paee 1� Two Prtrq�.4greement Btn.�trn the Ciry�of Chula f�slu rtnd Publit Finnnre Stmte¢ies LLC A/b/n TBRB Stmtesies/TB fiBl for Public y Ovrrearh Con.ivlmnt Sen�ires H^A¢omc�iURQu�L7Ls 11-I4-IiIiBR'B CoasvlwrtApeemern"I7 i-13 fireLdoc Rnised 03�18'I3 JAA7 11 -23 Signature Page to Agreement between City of Chula Vista and Public Finance Strategies LLC dlb/a TBWB Strategies (TBWB), For PUBLIC OUTREACH CONSULTANT SERVICES IN WI7'NESS WHEREOF, City and Consultant have executed this Ageement, indicating that tliey have read and understood same, and indicate their full and complete cousent to its terms: City of Chula V ista By: CHERYL COX, Mayor Attest: Donua Noms,City Clerk Approved as to form: Glen R. Googins, City Attorney Public Finance Strategies LLC d/b/a TB tratc e ) By: - JARED BOI Partner, O ner Page 15 Tn�o Parry•Agreemml Belroem[Lt Ciry•afChula IRSIa and Public finanee Stmrtnies LLC A/b/a TBI1 B Sboleeiet/TB{fBl!or Pi� !ic 4urrench Cons�dmnr Srrvirrs ' H:NtromcylLARQ�NiRs i I-li-I3�TB\�'B ComuhwAgcc�m.i?-}13 fintLdoc An'vcd 09,'16�13 JNM 11 -24 Exhibit A to Agreement beri�•een City of Chula Vista and Public Finance Strategies LLC d/b/a TBV1'B Strategies ('I'BR'B) 1. Effecti��e Date: The Aareemen[ shall take effect upon full execution of the Agreement, as of the effective date stated on paee 1 of the Aareement. 2. City-Related Entip�: (�i ) City of Chula Vista; a municipal chartered corporation of the State of Califomia O The Chula Vista Public Financine Authority, a O The Chula Vista Industrial De��elopment Authoritv; a ( ) Other: , a [insert business form] (City) 3. Place of Business for City: Citv of Chula \'ista 276 FouRh Avenue Chula Vista. CA 91910 4. Consultanr. Public Finance Strateeies LLC d/b/a TB�'1'B Strategies (TB�VB) �. Business Form of Consultant: ( ) Sole Proprietorship ( ) PaRnership ( ) Corporation (Ji) Limited Liabilit}� Company 6. Place of Business; Telephone and Faa I�'umber of Consultant: 400 A4onteomerv St.. 7�' floor San Francisco. CA 9�104 415-291-1894 �226 41�-291-1172 iboieon(a�.tb��b.com Pa�e 16 Two Pnrry�Agreemtrtt Bm.zm fht Ciq'ofChu[a 1 tsfa and Publie Finnrtce Stmtr¢ies LLC rUb/n TBti�B Srmrrni�s?808)for PubM1cV Ormeach Consulmnt Sen�ires H:\iawm'�L4AQ'UiIlsll-14-1?1iBU'BComWram.4crtemem-I'ti-13fmaldoc , a�;ua o9na�i�no� 1 1—2 5 7. General Duties: TBWB �vill help assess the ��iability of a revenue measure in Chula Vista. They will H�ork with subcontractor; True North, to gauge public opinion about priorities to infrastructure needs and financine solutions. With this information, TBWB will de��elop an action plan for communication and community involvement. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Deliverables for Phase 1 Scope of Services 1. Background/Preparation (December) TBVI'B H�ill dosely revie��the City's background materials and conduct other analysis. TBWB shall perform the following deliverables: a. Review rele��ant backgound information provided by the City, including reports to Council, summaries of asset needs and the assessment management assessment process. b. Analyze past election results and local political issues. c. Analpze other relevant background information; and incorporate highlights into planning process. 2. Initial Stakeholder Meetings (December 2013-January 2014) "[nitial" stakeholder outreach is critical to frame the earliest discussions with the most important key partners. These are those stakeholders �i�ho require "personal" engagement, so they aren't alienated by learning secondhand about early communication efforts. Internal Stakeholders might include department heads; City administration and individual Council members. E�temal stakeholders might include: the Asset Management Program Advisory Committee, Bargaining Unit and Chamber of Commerce leadership, and other key partners. TBWB shall perform the follo��ing deliverables: a. Help the City identify the proper list of initial stakeholders. b. Identify desired "outcomes" from these early meetings. a Create key talking points and advise regarding answers to questions that arise. d. Assist �vith public messaging (i.e. press releases or media interview talking points, advice and draft content for public materials on the website or for handouts, etc.). 3. Conduct Scientitic Voter Opinion Polling (January-February 2014) TBWB ��ill ensure that; based on the background information, and accounting for input from Initial Key Stakeholders; True North Research creates and conducts a voter survey, in collabaration �vith TBWB. TBWB shall perform the following deliverables: a. Collaborate closely with True North Research to create questionnaire and identify proper voter sample for opinion sun�ey. b. Conduct bi-lingual scientific sample of 400 voters with a 15 minute survey instrument. c. Provide detailed report and analysis of survey results. d. Provide recommendations to staff for Council ��orkshop presentations and public messa�ing. Page 17 Two PnrtpAgreement 8etweeu Ihe Cip�ojClndrt I'istn rsnAPuAlic Finnnce Stmtezies LLC rUl�/n TB{!'8 Sfmtepies/TBI/BI for Public Outreach Consdmrct Sen•ires H�.4nomry�i,ARQ�LIIs I I-14-13\TBN'B Consul�an�Agc<ment-l2d-13(wl Aoc Reased09�18/131�Iht � � _n� G 4. �'oter Response A4ailer to the Communit�� (February� 2014) Usino strategic messages from the scientific poll, TB�1'B �;�ill design and prepare a community- ��ide mailer that�vill indude a tear-off; return sun�ey postcard; as �+�ell as an on-line survey for the City website. These surve}�results won`t be "scientific". but the��vill help raise the profile of the asset management needs in a constructive way. and provide extra transparency and backeround public input to present to Council. TBR'B shall perform the follo�ving deliverables: a. Produce and mail a Voter Response Mailer(priced separately; not included in fees). b. Create recommended texdcontent for City online survey form to encourase citizen feedback. c. Re��iew citizen comments and advise Cit}� staff in oreanization of online commenu/survey results for Council presentation. d. Create related support materials for Cit}��i�ebsite or other public distribution. 5. Council Presentations/�'Vorl:shops (D4arch—D'Ia}' 201d) TB\VB shall participate in Council presentations or��orkshops;present scientific ��oter sumey results and analysis; share compilations of communit�� feedback from the voter response mailer and on-line sun�ey; and make strateeic recommendations and messaees; induding potential timelines for ballot measure planning(if appropriate). TB�YB shall perform the follo��ing deliverables: a. Pro��ide City staff��ith strate�ic recommendations reeardine public outreach, kev messages; challenees; timeline and other ne�t steps. b. Support True I�'orth Research in presentation of survey results and anal��sis. c. Support City staff in presentation of Voter Response mailer results and comments. d. �1'ork closely��ith Cit}� staff to create public marerials for City Council workshops, includine handouts, press releases and other related materials. To generally support the entire scope of sen�ices, TB«'B shall perform the follo«�ing deli��erables: a. Create and provide regular updates of, a Project Timeline. b. Create. re��ie�v, or advise on, relevant public materials; related to the Cit}�'s infrastructure needs and financine solutions, including press releases and reports to Council from staff or Asset D4anasement Ad��isorv Committee. c. Pro��ide City staff�ti�ith advice regarding answers to questions from media, stakeholders or members of the public. d. Provide Citv staff��ith oneoins euidance. ad��ice and "trouble-shootine" as-needed. in relation to the Citv's infrastrucrure needs and financine solutions. V B. Date for Commencement of Consultant Sen�ices: (� ) Same as Effective Date of Aereemenr ( ) Other. C. Dates or Time Limits for Deli��erv of Deli��erables: Deliverable\TO. 1: Backeround: To be completed by January 1�; 2014 Pa�e 18 Tuo Pam'Agreement Benvttn the Ci(�•ofChula D$rrt nnd Puh(it Finnntt Srmtepitt LLC A/b/n TB��B Stmtniv?BOBI for Pubhc� Ourreach Consu6ant Sen�itts N��_�lvmiey+L 4RQ�\Llls 11-14.IS1TBN'B Camul¢mApee�m-12-}13 Sml doc Raiud 09�18'13 AL\7 � � -27 Deliverable No. 2: Initial Stakeholder Meetings: To be completed by February 15; 2014 Deliverable No. 3: Conduct Scientific Voter Opinion Polling: To be completed by March 15, 2014. Deliverable No. 4: Voter Response n9ailer to the Community: To be completed by April 15, 2014. Deliverable I�ro. 5: Council Presentations/VVorkshops: To be completed by May 15, 2014 D. Date for completion of all Consultant services: All services shall be completed by May 15, 2014. In the event there are scheduling issues, the City may, in its sole discretion; eatend the completion date to August 15, 2014. The City Manager shall have authority to grant such eatension, and any additional resultant compensation, up to the amount appropriated b}� the City Council on approval of this Agreement. Any extension or agreement to pa}� additional compensation, will only be effective if inemorialized in writing; and si�ned by the City Manager. � 9. Materials Required to be Supplied by City to Consultant: The City will pay for postage directly to mail house. ]0. Compensation: A. O Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a sinele fised fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follo��s: n9ilestone or E��ent or Deliverable Amount or Percent of Fixed Fee O 1. Interim Monthly Ad��ances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each �iven phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the Cit}' if the Phase is not satisfactorily completed. ]f the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentaee set foRh in Paraeraph ]9 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manaeer shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall ha��e represented in writing that Page ]9 TN�o Pnrf�'Ag�eement BeM�een the Cip�ofChuln I9sm m�d Puhlie Finnnce Snnfeeirs LCC rUA/n TBIi'8 Sfrrstepics/TBIPBI fw PubLc Oumeach Cons�Jmn�Sereices H blttomepU.ARQNL1Is 11-14-13\TBII'B ConvWtamAgrtcmenbl2-i-73 fvul doc Re�ised 09/18�1:7�Ity1 11 -28 said percentaee of completion of the phase has been performed b}�the Consultant. The prac[ice of makine interim monthly advances shall not convert this agreement to a time and materials basis of pa�7neni. B. (a ) Phased Fixed Fee Arraneement. For the performance of each phase or portion of the Defined Sen�ices b}�Consultant as are separatelp identified belo��; City shall pay the fixed fee associated ��ith each phase of Sen�ices, in the amounts and at the times or milestones or Deli��erables set for[h. Consultant shall not commence Sen�ices under an}�Phase; and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Back�round: To be completed by Januan� 1�, 56_�00 _ 2014 z. Initial Stakeholder n4eetings: To be completed �6.�00 by February 1�, 2014) �. Conduct Scientific Voter Opinion Polling: To $6500 be completed bv March 1�, 2014. q Voter Response n4ailer to the Community: To �6.�00 be completed by April 1�, 2014. j. Council Presentations/\�'orkshops: To be �6.>00 completed b}�n4ay 1�; 2014 . O 1. Interim D9onthly Advances. The City shall make interim monthl}� ad��ances aeainst the compensation due for each phase on a percentage of completion basis for each 2i��en phase such that, at the end of each phase only the compensation for that phase has been paid. An}� payments made hereunder shall be considered as interest free loans that must be retumed to the Citv if the Phase is not satisfactorih� completed. If the Phase is satisfactorily completed. the City shall receive credit against the compensation due for that phase. The retention amount or percentage set fonh in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion b�� the Contracts Administrator desienated herein by the Cit��, or such other person as the Ci[y Alanaeer shall designare, but only upon such proof demanded by the Citp that has been provided, but in no event shall such interim ad��ance payment be made unless the Consul[ant shall ha��e represented in ��iting that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not con��ert this aereement to a time and materials basis of payment. C. ( ) D9onthly Rate Arrangement Pase 20 Two Parry'Agrnmtnf Btlwrm!hr Ciry'ofChula I�ism nnd Pub(ie Finnnce Stmnpies LLC A/b�rt TBW B Stmtmies?BIIBI(or Public y OuveacF Consulmm Sen�¢es H:�.4¢one�aLARQu�LIk I l-1i-131TB\1'B CmmdwuAgeemrm'12.i-li 6�ml.doc Rnssrd09�18�131�L�1 11 -29 For performance of the Defined Services by Consultant as herein required, City shall'pay Consultant for the productive hours of time spent by Consultant in the performance of said Services; at the rate of$6,500 per month according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time Arrangement I�'otwithstanding the expenditure by Consultant of time in e�cess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Sen�ices herein required of Consultant for $ ; not including all Materials, and other "reimbursables` (Maximum Compensation). (2) O Limitation��ithout Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultaiitshall not be entitled to an}� additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's o��n cost and expense. See Exhibit B for wage rates. O Hourly rates may increase by 6% for services rendered after [month], 20_. if delay in providing services is caused b}�City. 11. D�aterials Reimbursement Arrangement For the cost of out of pocket e�:penses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: O None; the compensation includes all costs. Cost or Rate ( ) Reports, not to eaceed $ $ ( ) Copies, not to exceed $ $ (x) Travel, not to e�ceed $3;500: It is estimated that 5-6 trips�vill be $ 3.500 necessary Q person 4 times; and 2 people ]-2 times). Travel �vould include airfare and rental car. Actual price depends on actual quantity and pricing. The "not to esceed" amount can be modified upon mutual agreement, at the discretion of the City Manager. Any modification will only be effective if it is memorialized in a written agreement si�ned by the City Managec. (x) Printing, not to exceed $22;836: This estimate is based on 60;000 $ 22.836 count; 11�17 or equivalent, 7pt. stock with perforated tear-off repl}� card. Pricine includes design, pre-press, printing, labels, labeling, stock photography, shipping and sales tax. Actual price depends on actual quantity. Pricing for a ]ess expensive mailed �vas included in the proposal. The City may choose one of those options. If so, the not to e�ceed amount would be based on the estimates in the proposal for Page 21 Tx�o PmTp Agreement BeM•ecn�he Ciq•ofChu(n Vistn m�APublic Fiimnre Strntceies'LLC A/b�n TR NB Sbn(enies(TBliB)far Public Ou(reach Consuhant Semses H Wnomc�'V.ARQ��LIk I i-14-13\TBNB Consultan�4peemevt-12-3-13 final doc Rnaed 09/IS/13.f�4.i 11 -30 the mailer type. The "not to exceed" amount can be modified upon mutual aereement. at the discretion of the Cirv Manaser. Anv modification ��ill onlv be effective if it is memorialized in a �rritten aereement si2ned by the Cit��D4ana2er.. O Postage. not to esceed � 5 ( ) Deli��ery: not to esceed $ � (x) Outside Services: Subcontract H�ith True I�'orth for Scientific Voter � 22.4�8 Opinion PollinJResults Report O Other Actual Identifiable Direct Costs: � . not to exceed � � . not to eaceed � � 12. Contract Administrators: Cit��:Mandv Mills 619-409-�948 Consultant: Jared Boieon 41�-291-1894 x226 13. Liquidated Damages Rate: ( ) � per day. ( ) O[her: 14. Starement of Economic [nterests; Consultant Reporting Cateeories, per Conflict of Interest Code (Chula Vista A4unicipal Code chapter 2.02): (a) Not Applicable. I�'ot an FPPC Filer. ( ) FPPC Filer O Cateoory 1�'0. 1. In��estments, sources of income and business interests. O Cate�ory No. 2. Interests in real propem�. O Cateeory \'o. 3. Im�estments, business positions: interests in real property_ and sources of income subject to the reeularory, permit or licensine authorit}� of the depaRment adminis[erina this Aoreement: O Categor}•No. 4. Investments and business positions in business entities and sources of income that eneaQe in land development; construction or the acquisition or sale of real propert�•. Page 22 Tx�oPrsrtp.9greemerstBenveenlheCiry'ofChulnlcsmnndPuhlicFinnnreS+mlePiesLLCNb/nTBIiBStrrtre=ies?BNBlfor uhGc Outreoch Can.ndiant Sm�rcer H:lArtorm�V.ARQNf�L�11-14131TBK'B CortWv�aApee�¢v['123-13 fwi doc Rniud09�l8�13J�L�f � 11-31 O Category No. 5. Im�estments and business positions in business entities and sources of income that; ��ithin the past two years, have contracted with the City of Chula Vista or the City's Rede��elopment Agency to provide services, supplies; materials, machinery or equipment. O Category No. 6. ]nvestments and business positions in business entities and sources of income that; within the past rivo years, have contracted �i�ith the department administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: True North Research. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ' (a) n9onthl}� ( ) Quarterly ( ) Other. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (x) 15[h Day of each Month ( ) End of the Month ( ) Other. C. City's Account Number: 18. Security for Performai�ce ( ) Performance Bond, $ Paee 23 Tx�o Prtrl}�Agreeneen(Benveen 1Ge Ciq'of Chuln I�isln nud PuG(ic Finnr�ce Sfrn�ecir.�LLC A/A/n TR IPB Strnle_ies/TB I16)!or Pu 6c Outreach Consadmrst Sen�Ites H�NnomeyLL,ARQ�U�IIS I I-14-13UBR'B CoasWtantApreemrn�d?-3-1 i final doc R�„sea o9as�i3 nn� 1 1—3 2 ( ) Letter of Credit, $ ( ) Other Securit}�: Type: AmounL � O Retention. If this space is checked, then nonvithstandine other pro��isions to the contrary requiring the pavment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the follo�vine "Retention Percentaee" or"Retention Amounr' until the Citv determines that the Retention Release E��ent. listed belo��. has occurred: ( ) Retention PercentaQe: ( ) Retention Amount: � Retention Release E��ent: O Completion of All Consultant Sen�ices - ( ) Other: O Other. The Retention Amount ma}� be released on a monthly basis pro�ided that Consultant has performed said monthly services to the sole satisfaction of the Assistant Cit�� D9anaeer or his desienee. Paee 2� 7M•o Partp dgreemeN BtM•ttn(he Ciq•of Chu/n I�m nnd PUbli�Finnnn SrmfeQies LLC A/b/n T81�'B Strrtteeia?BIYBI(or Pu6hc� Oulreach Consu6am Sen�¢es H.l�leoem�LARQ�ALlk I 1-15-Ii1TBR"B Co�w�ItamAC=eertent-12-i73 fud doc R�;�o��,,.�, 11 -33 COUNCIL RESOLUTION N0. RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH TBWB STRATEGIES TO PROVIDE POLLING AND PUBLIC OUTREACH CONSULTANT SERVICES AND APPROPRIATING $]06,800 ACCORDINGLY . WHEREAS; at the March, 2013 City Council Infrastructure Workshop, staff presented a report on Infrastructure Needs and Financing and a critical step identified was to engage the community on needs and build broad consensus around priorities; and WHEREAS, City staff has identified a need for assistance with these community outreach efforts, and accordinely issued a Request for Proposal to provide these services (`RFP P06-13/14"). _ _ WHEREAS; TBWB Strategies submitted a proposal in response to RFP P06-Li/14; to provide outreach and communications strategy in connection with the proposed City's infrastructure needs and solutions; and WHEREAS, of the three proposals submitted, the TBWB proposal was selected by City staff; and WHEREAS, entering into the agreement with TBWB will require an appropriation of $106,800 to the non-departmental budget's CIP expense category for CIP 66222; and WHEREAS, the activity is not a "Project' as defined under Section 1�378 of the State CEQA Guidelines because it involves a govemmental administrative activity and, therefore, no further environmental revie�v is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes and directs the Mayor to execute the contract �vith TBWB Strategies to provide polling and public outreach consultant services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Counci] of the City of Chula Vista, that it appropriates $106,800 to CIP GG222 Asset Management in the Non Departmental budget. Presented by Approved as to form by �%� � James D. Sandoval len � o ' �j"s City A4anager �Crty ttorney J:�Attomey\FItJAL RESOS AND ORD[NANCES\?013U2 10 I3Utem 1?-Resolution-Approvin�AgmtTBNB.doc 12/3/2013 lOSO AM 11 -34