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HomeMy WebLinkAboutStaff Report 3508 City of Palo Alto (ID # 3508) City Council Staff Report Report Type: Consent Calendar Meeting Date: 2/11/2013 City of Palo Alto Page 1 Summary Title: Educational Outreach for Potential 2014 Infrastructure Finance Measure Title: Adoption of a Budget Amendment Ordinance and Approval of a Contract with TBWB Strategies in a Total Amount Not to Exceed $95,000 for Educational Outreach Services Related to a Potential 2014 Infrastructure Finance Measure From: City Manager Lead Department: City Manager Recommendation Staff recommends: 1. City Council authorize the City Manager or his designee to execute the attached contract between the City and TBWB Strategies for up to a two year period through August July 2014, or until the Council approves an infrastructure measure be placed on the November 2014 ballot, with the option to extend the contract for two additional one year terms should the City Council decide to delay an infrastructure measure beyond 2014, for a total amount not to exceed $95,000 for the entire term of the contract. 2. City Council approval of the attached Budget Amendment Ordinance in the amount of $95,000 to fund the contract. Motion to Approve a Contract with TBWB Strategies in the Amount of $95,000 for outreach services related to a potential 2014 Infrastructure ballot measure and Approve the Budget Amendment Ordinance in the amount of $95,000 to fund the contract. City of Palo Alto Page 2 Background On September 18, 2012, the City Council approved a comprehensive plan and schedule for evaluating a potential infrastructure finance measure on the November 2014 General Election ballot. As a part of this plan, the City sought the services of a professional public information/educational outreach firm to work with the City and the City’s polling firm to: 1. Develop and manage strategies focused on the finance measure’s feasibility. 2. Support the development of survey instruments and tracking polls on communications/messaging and analyses and application of results. 3. Recommend how to structure/define the finance measure(s). 4. Develop, refine, and target key messages and themes. 5. Develop a communications plan. 6. Implement community outreach and education activities prior to Council’s decision to place a measure(s) on the ballot. The public information/educational outreach effort will be used to inform the community about the City’s infrastructure needs and costs, leading up to the election in November of 2014. The outreach effort must be conducted consistent with current federal and state laws governing outreach authorized and funded by local governments. Discussion The City released a request for proposals (RFP) for public outreach in November 2012. Four firms submitted proposals ranging from $45,000 to $190,000 for consulting services through August 2014. 1. The Lew Edwards Group 2. Singer Associates 3. TBWB Strategies 4. Tramutola Advisors City of Palo Alto Page 3 An evaluation committee comprised of six staff members with marketing and communications expertise, as well as infrastructure outreach experience and analytical skills from the City Manager’s Office, and Community Services, Police, Utilities and Information Technology departments. The team evaluated each firm's submittal in response to the RFP relative to the following criteria: 1. Quality and experience of the proposed project manager and key staff; 2. Experience and track record with similar projects for cities or other public agencies; 3. Demonstrated understanding of the scope of services and strategic direction needed for this project, including innovative or creative approaches to the work; 4. Quality and completeness of proposals; and 5. Cost and business value to City. Upon staff’s evaluation of the proposals and oral interviews, TBWB Strategies was selected as the recommended firm. TBWB Strategies has a proven record of accomplishment in providing strategic communications and educational outreach services to public agencies that have had successful ballot measures. Additionally, TBWB Strategies has a full complement of in-house services including social media, coalition building, graphic design and print production, Lastly, TBWB Strategies’ project lead partner for Palo Alto has worked effectively and seamlessly with Fairbank, Maslin, Maudlin, Metz and Associates (FM3), the City’s polling firm, on a number of similar ballot measure initiatives in California, including the City of Los Alto’s bond feasibility work in 2009-2012 and the Palo Alto Unified School District’s bond measure in 2008. Timeline TBWB Strategies is providing a four-phased approach to informing and educating the community about the City’s infrastructure needs with the results of each phase hleping to inform whether to proceed with the next phase, at the City’s discretion. The phases will be informed by opinion research as well as engagement with the community and are provided below with an approximate timeline. City of Palo Alto Page 4 Preliminary Project Timeline Information/Educational Outreach Phase Timeframe Phase 1: Strategy and Message Development February - May 2013 Phase 2: Communicating the Need June - December 2013 Phase 3: Fostering Understanding January - June 2014 Phase 4: Qualifying for the Ballot June - August 2014 Upon execution of the contract, staff will begin work with TBWB Strategies and the polling firm Fairbank, Maslin, Maullin, Metz and Associates to develop a more detailed timeline and schedule of the four phases. Working with the City Council’s Infrastructure Committee, development of the survey strategy and initial baseline public opinion poll will commence immediately. Resource Impact The amount of the contract with TBWB Strategies for professional services is up to $95,000. In addition to providing strategic communications and message development, TBWB Strategies will be responsible for handling the production of infrastructure educational materials, which will include design, print, postage and mail handling services that on average total $20,000 per mailer to reach approximately 22,000 households. Staff recommends a transfer from the Budget Stabilization Reserve via a Budget Amendment Ordinance to the City Manager’s operating budget. As indicated in the plan presented to the City Council on September 18, 2012, (Report ID 3140 <http://www.cityofpaloalto.org/civicax/filebank/documents/31161>) the City’s successful 2008 Library Bond Measure included the hiring of a communications consultant and the development of direct mailers, speaker’s bureau, video, City website, and media relations campaign at a cost of approximately $300,000. If the City Council proceeds with planning for a 2014 ballot measure or delay an infrastructure measure beyond 2014, additional resources may be needed at a later date to effectively implement an expanded communication plan. Attachments: City of Palo Alto Page 5 Attachment A: TBWB Strategies Agreement 2-11-2013 Attachment B: CMO Outreach BAO Attachments:  Attachment A: TBWB Strategies Agreement 2-11-2013 (PDF)  Attachment B: CMO Educational Outreach BAO (DOCX) Professional Services Rev. June 2, 2010 1 CITY OF PALO ALTO CONTRACT NO. C13147680 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND TBWB STRATEGIES FOR PROFESSIONAL SERVICES This Agreement is entered into on this 11 day of February, 2013, (“Agreement”) by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and PUBLIC FINANCE STRATEGIES, a California Limited Liability Corporation (DBA TBWB Strategies), located at 400 Montgomery Street, 7th Floor, San Francisco, California 94104, Telephone: (415) 219-1894 Ext. 240 ("CONSULTANT"). RECITALS The following recitals are a substantive portion of this Agreement. A. CITY intends to develop a strategic community outreach strategy, assist with its implementation and produce related educational materials for a proposed 2014 ballot measure related to multiple infrastructure projects (“Project”) and desires to engage a consultant to provide Infrastructure Ballot Measure Educational Outreach services in connection with the Project (“Services”). B. CONSULTANT has represented that it has the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY in reliance on these representations desires to engage CONSULTANT to provide the Services as more fully described in Exhibit “A”, attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, this Agreement, the parties agree: AGREEMENT SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit “A” in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from February 11, 2013 through February 10, 2015 unless terminated earlier pursuant to Section 19 of this Agreement. The CITY retains the option to renew for up to two additional one year terms. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit “B”, attached to and made a part of this Agreement. Any Services for which times for performance are not specified in this Professional Services Rev. June 2, 2010 2 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services described in Exhibit “A”, including both payment for professional services and reimbursable expenses, shall not exceed Ninety Four Thousand Seven Hundred Fifty Dollars ($94,750.00). In the event Additional Services are authorized, the total compensation for services and reimbursable expenses shall not exceed Ninety Five Thousand Dollars ($95,000.00). The applicable rates and schedule of payment are set out in Exhibit “C-1”, entitled “HOURLY RATE SCHEDULE,” which is attached to and made a part of this Agreement. Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in Exhibit “A”. SECTION 5. INVOICES In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the CONSULTANT’s billing rates (set forth in Exhibit “C-1”). If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s payment requests shall be subject to verification by CITY. CONSULTANT shall send all invoices to the City’s project manager at the address specified in Section 13 below. The City will generally process and pay invoices within thirty (30) days of receipt. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it possesses the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants, if permitted, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All of the services to be furnished by CONSULTANT under this agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Professional Services Rev. June 2, 2010 3 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc Services under this Agreement. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to CITY, any and all errors, omissions, or ambiguities in the work product submitted to CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared plans and specifications or other design documents to construct the Project, CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities discovered prior to and during the course of construction of the Project. This obligation shall survive termination of the Agreement. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds ten percent (10%) of the CITY’s stated construction budget, CONSULTANT shall make recommendations to the CITY for aligning the PROJECT design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in performing the Services under this Agreement CONSULTANT, and any person employed by or contracted with CONSULTANT to furnish labor and/or materials under this Agreement, shall act as and be an independent contractor and not an agent or employee of the CITY. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written consent of the city manager. Consent to one assignment will not be deemed to be consent to any subsequent assignment. Any assignment made without the approval of the city manager will be void. SECTION 12. SUBCONTRACTING. CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the city manager or designee. CONSULTANT shall be responsible for directing the work of any subconsultants and for any compensation due to subconsultants. CITY assumes no responsibility whatsoever concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts and omissions of a subconsultant. CONSULTANT shall change or add subconsultants only with the prior approval of the city manager or his designee. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Charles Heath, Partner, Email: cheath@tbwb.com , Telephone: (415) 291-1894 Ext. 240 as the project manager to have supervisory responsibility for the performance, progress, and execution of the Services and Joy Tatarka as the project manager to represent CONSULTANT during the day-to-day work on the Project. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the Professional Services Rev. June 2, 2010 3 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s project manager. CONSULTANT, at CITY’s request, shall promptly remove personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property. The City’s project manager is Linda Clerkson, Communications Manager, Office of City Manager, 250 Hamilton Avenue, Palo Alto, CA 94303, Email: Linda.Clerkson@CityOfPaloAlto.org , Telephone: (650) 329-2656. The project manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. The CITY may designate an alternate project manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. Upon delivery, all work product, including without limitation, all writings, drawings, plans, reports, specifications, calculations, documents, other materials and copyright interests developed under this Agreement shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in CITY, and CONSULTANT waives and relinquishes all claims to copyright or other intellectual property rights in favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of such materials available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work. SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable time during the term of this Agreement and for three (3) years thereafter, CONSULTANT’s records pertaining to matters covered by this Agreement. CONSULTANT further agrees to maintain and retain such records for at least three (3) years after the expiration or earlier termination of this Agreement. SECTION 16. INDEMNITY. 16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorneys fees, experts fees, court costs and disbursements (“Claims”) resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from Claims arising from the active negligence, sole negligence or willful misconduct of an Indemnified Party. 16.3. The acceptance of CONSULTANT’s services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. Professional Services Rev. June 2, 2010 5 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, will not be deemed to be a waiver of any other term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification, CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Purchasing Manager during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. Upon receipt of such notice, CONSULTANT will immediately discontinue its performance of the Services. 19.2. CONSULTANT may terminate this Agreement or suspend its performance of the Services by giving thirty (30) days prior written notice thereof to CITY, but only in the event of a substantial failure of performance by CITY. Professional Services Rev. June 2, 2010 6 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc 19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its contractors, if any, in connection with this Agreement. Such materials will become the property of CITY. 19.4. Upon such suspension or termination by CITY, CONSULTANT will be paid for the Services rendered or materials delivered to CITY in accordance with the scope of services on or before the effective date (i.e., 10 days after giving notice) of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s services which are of direct and immediate benefit to CITY as such determination may be made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 19.4, 20, and 25. 19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement. Professional Services Rev. June 2, 2010 7 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the project director at the address of CONSULTANT recited above SECTION 21. CONFLICT OF INTEREST. 21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subconsultants, contractors or persons having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California. 21.3. If the Project Manager determines that CONSULTANT is a “Consultant” as that term is defined by the Regulations of the Fair Political Practices Commission, CONSULTANT shall be required and agrees to file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act. SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the City’s Environmentally Preferred Purchasing policies which are available at the City’s Purchasing Department, incorporated by reference and may be amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of the City’s Zero Waste Program. Zero Professional Services Rev. June 2, 2010 8 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Consultant shall comply with the following zero waste requirements:  All printed materials provided by Consultant to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by the City’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable based inks.  Goods purchased by Consultant on behalf of the City shall be purchased in accordance with the City’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Office.  Reusable/returnable pallets shall be taken back by the Consultant, at no additional cost to the City, for reuse or recycling. Consultant shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. NON-APPROPRIATION 24.1. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 25. MISCELLANEOUS PROVISIONS. 25.1. This Agreement will be governed by the laws of the State of California. 25.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 25.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. 25.4. This document represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and contracts, either written or oral. This document may be amended only by a written instrument, which is signed by the parties. 25.5. The covenants, terms, conditions and provisions of this Agreement will apply Professional Services Rev. June 2, 2010 9 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc to, and will bind, the heirs, successors, executors, administrators, assignees, and consultants of the parties. 25.6. If a court of competent jurisdiction finds or rules that any provision of this Agreement or any amendment thereto is void or unenforceable, the unaffected provisions of this Agreement and any amendments thereto will remain in full force and effect. 25.7. All exhibits referred to in this Agreement and any addenda, appendices, attachments, and schedules to this Agreement which, from time to time, may be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and will be deemed to be a part of this Agreement. 25.8 If, pursuant to this contract with CONSULTANT, City shares with CONSULTANT personal information as defined in California Civil Code section 1798.81.5(d) about a California resident (“Personal Information”), CONSULTANT shall maintain reasonable and appropriate security procedures to protect that Personal Information, and shall inform City immediately upon learning that there has been a breach in the security of the system or in the security of the Personal Information. CONSULTANT shall not use Personal Information for direct marketing purposes without City’s express written consent. / / / / / / / / / / / / / / / / / / / / / / Professional Services Rev. June 2, 2010 10 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 TBWB Strategies Main Body FINAL 02042013 .doc 25.9 All unchecked boxes do not apply to this agreement. 25.10 The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement on the date first above written. CITY OF PALO ALTO ____________________________ City Manager APPROVED AS TO FORM: __________________________ Senior Asst. City Attorney TBWB STRATEGIES By:___________________________ Name:_________________________ Title:________________________ Attachments: EXHIBIT “A”: SCOPE OF WORK EXHIBIT “B”: SCHEDULE OF PERFORMANCE EXHIBIT “C”: COMPENSATION EXHIBIT “C-1”: SCHEDULE OF RATES EXHIBIT “D”: INSURANCE REQUIREMENTS Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc EXHIBIT “A” SCOPE OF SERVICES Task 1: Strategy and Message Development CONSULTANT will collaborate with CITY and CITY’s public opinion research experts to develop concepts and messages to be tested in polling and focus groups. Following the collection of opinion research, CONSULTANT will assist in the development of an analysis, set of conclusions and recommendations. These recommendations will include an assessment of baseline awareness of the City’s infrastructure needs, community priorities, tax tolerance and an optimal election date. CONSULTANT will utilize opinion research data to develop a communications and outreach plan. CONSULTANT will work with CITY to identify specific target audiences, specific targeted messages to be communicated to each audience and the mix of media that will most efficiently reach the audience. The communication plan will specify benchmarks and metrics to measure incremental progress toward our goals, and be flexible enough to adapt to changing environments and unanticipated events. These types of efforts are dynamic. Effective plans provide ongoing research to identify subtle shifts in the environment that require a corresponding shift in strategy or tactics. CONSULTANT estimates that this process will be completed by June 2013. Deliverables:  Memo and/or presentation summarizing findings and recommendations from opinion research  Communication and Outreach Plan with recommended messages, targets and media  Communication and Outreach Implementation Timeline to guide the management of the plan and establish clear roles, responsibilities and accountability  Draft talking points summarizing key themes regarding a potential infrastructure ballot measure Task 2: Communicating the Need Successful public finance ballot measures are presented as a carefully crafted solution to a clearly articulated problem. Before you can present the solution, you must define the problem to your audience of decision-makers. Assuming your public opinion polling supports this general strategic direction, CONSULTANT would collaborate with CITY to implement a focused communication effort aiming to raise awareness of the infrastructure needs that could be addressed by a ballot measure. This effort must include both outbound themes and also a component of collecting feedback and listening. Stakeholders and voters alike are much more likely to support a proposal that they help create. CONSULTANT will recommend interactive communication vehicles such as two-way direct mail with a response mechanism, websites built around an online survey, interactive social networking tools and interactive community meetings as a means to facilitate dialogue. CONSULTANT estimates that this process will be completed by the end of 2013. Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc Deliverables:  An earned media plan targeting key local, regional, ethnic and trade media  Training of spokespeople for coordinated rapid response to media inquiries  Editorial board visits, strategic op-ed pieces and letters to the editor  A speakers bureau with interactive presentations to take advantage of speaking opportunities that reach key targets through local service clubs and organizations  Outreach through local public agencies including cities, counties, school districts, community college districts and other special districts  Development of web content to communicate compelling messages and provide a mechanism for feedback and links to social media sites  Development of a social media effort through affinity sites designed to build awareness and engage stakeholders on an ongoing basis  Online town hall meetings to provide an interactive forum for education and engagement  Targeted community meetings to reach key audiences and facilitate a community dialogue  Placement of articles in electronic and traditional newsletters distributed by chambers of commerce, advocacy groups, neighborhood associations, PTAs and other community groups  A community-wide informational mailing aiming to raise awareness of CITY’s infrastructure needs, engage citizens in the process of developing a measure and collect qualitative community feedback Task 3: Building Understanding With the first phase of the communication and outreach plan complete, CONSULTANT will collaborate with CITY’s polling firm to design a tracking survey to measure the impact of our communication and outreach efforts to date and refine the proposed ballot measure and its key features. CONSULTANT will perform a careful analysis of the poll results to identify the specific targets where our ongoing outreach and education efforts are most needed and will produce the biggest results. The goal for this phase of the effort will be to build awareness about the specific measure proposed for the ballot and to build broad understanding around that proposal. Part of this process will require demonstrating how the community feedback collected during the first phase of outreach was used to create the ballot proposal. Just like the first phase, this effort will have an interactive element to ensure that the stakeholders from throughout the community feel invested in the process. CONSULTANT anticipates that many of the key communication approaches for this phase will be consistent with those utilized and deemed successful in the first phase of outreach. CONSULTANT estimates that this process will be completed by June 2014. Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc Deliverables:  Memo and/or presentation summarizing findings and recommendations from the tracking research with recommendations for the next phase of outreach  An updated Communication and Outreach Plan with recommended messages, targets and media for the second phase of outreach  An updated Communication and Outreach Implementation Timeline to guide the management of the next phase of outreach and establish clear roles, responsibilities and accountability  Updated talking points summarizing key themes for the second phase of outreach  An updated media plan targeting key local, regional, ethnic and trade media  Training of spokespeople for coordinated rapid response to media inquiries  Editorial board visits, strategic op-ed pieces and letters to the editor  A speakers bureau with interactive presentations to take advantage of speaking opportunities that reach key targets through local service clubs and organizations  Outreach through local public agencies including cities, counties, school districts, community college districts and other special districts  Development of web content to communicate compelling messages and provide a mechanism for feedback and links to social media sites  Development of a social media effort through affinity sites designed to build awareness and engage stakeholders on an ongoing basis  Online town hall meetings to provide an interactive forum for education and engagement  Targeted community meetings to reach key audiences and facilitate a community dialogue  Placement of articles in electronic and traditional newsletters distributed by chambers of commerce, advocacy groups, neighborhood associations, PTAs and other community groups  A community-wide informational mailing aiming to raise awareness of CITY’s infrastructure needs, engage citizens in the process of developing a measure and collect qualitative community feedback Task 4: Qualifying for the Ballot As the communication and outreach effort is nearing completion and contingent upon opinion research findings related to the viability of a measure, CONSULTANT will work with CITY to qualify a measure for the ballot. The process for qualifying for the ballot will include working with legal counsel to draft the ballot measure language and all necessary resolutions and ordinances. Our team will assist staff in presenting these final documents along with the related research, conclusions and recommendations to the City Council and other relevant committees, organizations or elected bodies as needed. Working closely with the City Clerk and the Santa Clara County Registrar of Voters Office, CONSULTANTwill help ensure CiTY meets all the necessary deadlines and steps to place a measure on the ballot. Once CITY has qualified, CONSULTANT will work with CITY to make a smooth transition to the advocacy campaign that must be organized and funded by an independent campaign committee. CONSULTANT estimates that this process will be completed by August 2014. Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc Deliverables:  Recommended ballot question, including key features and accountability provisions  Review and editing of all resolutions and ordinances drafted by legal counsel  A plan for sharing draft measure documents for input with key community stakeholders Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc EXHIBIT “B” SCHEDULE OF PERFORMANCE CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. Preliminary Project Timeline Educational Outreach Phase Timeframe Phase 1: Strategy and Message Development February - May 2013 Phase 2: Communicating the Need June - December 2013 Phase 3: Fostering Understanding January- June 2014 Phase 4: Qualifying for the Ballot June - August 2014 Phase 1: Strategy and Message Development Weeks 1-2  Authorization to proceed  Review and finalize scope of work  Participate in kick-off meeting with polling firm, staff and stakeholders  Review existing City infrastructure outreach: website, projects, flyers, etc. Weeks 3-4  Review and analyze past survey results  Provide input on survey questions  Review and comment on survey draft Weeks 5-6  Prepare Communication and Outreach Plan with recommended initial messages, targets and media Weeks 7-8  Present Communication and Outreach Plan with recommended messages, targets and media  Receive and incorporate feedback on plan from staff and stakeholders Weeks 9-10  Present Communication and Outreach Implementation Timeline to guide the management of the plan and establish clear roles, responsibilities and accountability  Receive and incorporate feedback on timeline from staff and stakeholders Weeks 11-12 Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc  Draft talking points summarizing key themes regarding a potential infrastructure ballot measure Weeks 13-15  Present draft talking points  Receive and incorporate feedback on talking points from staff and stakeholders  Distribute talking points to staff, elected officials and stakeholders Phase 2: Communicating the Need  The specific timeline for the execution of the tasks and deliverables for Phase 2 will be governed by the Communication and Outreach Plan and Timeline that will be developed during Phase 1. Phase 3: Fostering Understanding  The specific timeline for the execution of the tasks and deliverables for Phase 3 will be governed by the Communication and Outreach Plan and Timeline that will be developed during Phase 1 in conjunction with the polling firm’s survey and focus group results. Phase 4: Qualifying for the Ballot Weeks 1-2  Prepare draft ballot question and project list Circulate draft to staff and stakeholders for review Weeks 3-4  Incorporate feedback from staff and stakeholders and finalize ballot question and project list  Work with legal counsel to develop draft resolutions and ordinances Weeks 5-6  Edit, refine and finalize resolutions and ordinances  Present recommended ballot question, project list, resolutions and ordinances to City Council for review and approval Weeks 7-8  Coordinate delivery of adopted resolutions to meet deadlines and requirements for ballot qualification EXHIBIT “C” COMPENSATION The CITY agrees to compensate the CONSULTANT for professional services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc schedule below. Compensation shall be calculated based on the hourly rate schedule attached as exhibit C-1 up to the not to exceed budget amount for each task set forth below. The compensation to be paid to CONSULTANT under this Agreement for all services described in Exhibit “A” (“Basic Services”) and reimbursable expenses shall not exceed $95,000. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event CITY authorizes any Additional Services, the maximum compensation shall not exceed $95,000. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the CITY. CONSULTANT shall perform the tasks and categories of work as outlined and budgeted below. The CITY’s project manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for Basic Services, including reimbursable expenses, does not exceed $95,000 and the total compensation for Additional Services does not exceed $95,000. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Task 1 $10,750 (Strategy and Message Development) Task 2 $37,500 (Communicating the Need) Task 3 $37,500 (Building Understanding Task 4 $6,500 (Qualifying for the Ballot) Sub-total Basic Services $92,250 Reimbursable Expenses $2,500 Total Basic Services and Reimbursable expenses..................... $94,750 Additional Services (Not to Exceed)............................................. $250 Maximum Total Compensation $95,000 REIMBURSABLE EXPENSES The administrative, overhead, secretarial time or secretarial overtime, word processing, photocopying, in-house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. CITY shall Professional Services Rev. June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc reimburse CONSULTANT for the following reimbursable expenses at cost. Expenses for which CONSULTANT shall be reimbursed are: A. Travel outside the San Francisco Bay area, including transportation and meals, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses for City of Palo Alto employees. B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges are reimbursable at actual cost. All requests for payment of expenses shall be accompanied by appropriate backup information. Any expense anticipated to be more than $100 shall be approved in advance by the CITY’s project manager. ADDITIONAL SERVICES The CONSULTANT shall provide additional services only by advanced, written authorization from the CITY. The CONSULTANT, at the CITY’s project manager’s request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and CONSULTANT’s proposed maximum compensation, including reimbursable expense, for such services based on the rates set forth in Exhibit C-1. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY’s project manager and CONSULTANT prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement Work required because the following conditions are not satisfied or are exceeded shall be considered as additional services: Professional Services Rev June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc EXHIBIT “C-1” HOURLY RATE SCHEDULE Title/Position Hourly Rate Partner $275 Project Director $225 Art Director $200 Community Outreach Director $200 New Media Counselor $200 Other Support Staff $150 Professional Services Rev June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc EXHIBIT “D” INSURANCE REQUIREMENTS CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW: REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS EACH OCCURRENCE AGGREGATE YES YES WORKER’S COMPENSATION EMPLOYER’S LIABILITY STATUTORY STATUTORY YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY BODILY INJURY PROPERTY DAMAGE BODILY INJURY & PROPERTY DAMAGE COMBINED. $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED BODILY INJURY - EACH PERSON - EACH OCCURRENCE PROPERTY DAMAGE BODILY INJURY AND PROPERTY DAMAGE, COMBINED $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION; AND B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY. C. DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL. II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE. III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS” A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL Professional Services Rev June 2, 2010 S:\ASD\PURCH\SOLICITATIONS\CURRENT BUYER-CM FOLDERS\OTHERS - ADRIAN\RFPs\RFP147680 Communication Strategist\RFP147680 Contract\C13147680 Exhibits A B C D FINAL 02042013.doc NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION 1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. NOTICES SHALL BE MAILED TO: PURCHASING AND CONTRACT ADMINISTRATION CITY OF PALO ALTO P.O. BOX 10250 PALO ALTO, CA 94303 ORDINANCE NO. XXXX ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING THE BUDGET FOR FISCAL YEAR 2013 TO PROVIDE ADDITIONAL APPROPRIATION OF $95,000 FOR EDUCATIONAL OUTREACH RELATED TO POTENTIAL INFRASRUCTURE FINANCING MEASURE The Council of the City of Palo Alto does ordain as follows: SECTION 1. The Council of the City of Palo Alto finds and determines as follows: A. Pursuant to the provisions of Section 12 of Article III of the Charter of the City of Palo Alto, the Council on June 18, 2012 did adopt a budget for Fiscal Year 2013; and B. On September 18, 2012 the Council approved a comprehensive plan and schedule for evaluating a potential infrastructure financing measure on California’s 2014 General Election ballot; and C. The City of Palo Alto issued a Request for Proposals in December 2012, for educational outreach on outreach in advance of a potential financing measure; and D. Following the formal solicitation process, the City of Palo Alto selected TBWB Strategies to develop a to develop a community outreach strategy, assist with its implementation and produce related educational materials for a potential 2014 ballot measure related to multiple infrastructure projects through August 2014; and E. Ninety Five Thousand Dollars ($95,000) is needed to execute the contract; and F. City Council authorization is needed to amend the Fiscal Year 2013 Operating Budget as hereinafter set forth. SECTION 2. The sum of Ninety Five Thousand Dollars ($95,000) is hereby appropriated to Other Contracts in the City Manager’s Department and the Budget Stabilization Reserve is correspondingly reduced. SECTION 3. The General Fund Budget Stabilization Reserve is hereby reduced by Ninety Five Thousand Dollars ($95,000) to Twenty Seven Million One Hundred Seventy Six Thousand Dollars ($27,176,000). SECTION 4. As specified in Section 2.28.080(a) of the Palo Alto Municipal Code, a two-thirds vote of the City Council is required to adopt this ordinance. SECTION 5. As provided in Section 2.04.330 of the Palo Alto Municipal Code, this ordinance shall become effective upon adoption. SECTION 6. The Council of the City of Palo Alto hereby finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary.