HomeMy WebLinkAboutC34330 - 2nd Amndmnt - Strategic Consulting SvcsCITY OF PALM DESERT.
Economic Development Department
STAFF REPORT
REQUEST: RATIFY A SECOND AMENDMENT TO CONTRACT NO. C34330
WITH THE LEW EDWARDS GROUP RELATING TO STRATEGIC
CONSULTING SERVICES IN THE AMOUNT OF $22,850 AND
APPROPRIATE SAID FUNDS
SUBMITTED BY: Ruth Ann Moore, Economic Development Manager
DATE: June 9, 2016
CONTENTS: Professional Service Amendment
Second Amendment to Agreement for Consultant Services
Contract No. C34330
Recommendation
By Minute Motion that the City Council:
1. Ratify a second amendment to Consulting Services Contract No.
C34330 with The Lew Edwards Group in the amount of $22,850.00, for
additional community surveying services to the City;
2. Appropriate funds in the amount of $22,850 from the Unobligated
General Fund to Professional — Other Administration Account No.
1104430-4309000 for payment of the amended agreement; and
3. Authorize the Interim City Manager to execute said amendment.
Background
On April 23, 2015, the City entered into an agreement with the Lew Edwards Group
(LEG), a revenue planning consultant, to conduct a community survey of Palm Desert
residents to determine the public's priorities and potential interest in locally generated
funding to maintain or enhance those services.
At the completion of the survey, LEG provided an evaluation of the information and
advised the City of the community's strong interest in a possible local funding measure.
Since that time, AB 809 was signed into law that now requires all local funding
measures to include specific language in the ballot regarding the amounts raised and
the duration for the tax. Due to new language requirements and the dynamics
Staff Report Contract No. C34330B
LEG Consulting Services Contract Amendment #2
June 9, 2016
Page 2 of 3
surrounding the national elections, the consultant recommends that the surveys be
repeated to include the new proposed language for the ballot.
Surveys were conducted in the last two weeks of May 2016 in order to reach a greater
number of people prior to the summer season when residents may leave. Updated
results will give the City Council a clearer indication whether to proceed with a ballot
measure.
Fiscal Analysis
Funding for this project is not currently budgeted and will take an appropriation by the
City Council from Unobligated General Funds. The project will also require staff time
from various personnel to assist with the development of educational messages should
the ballot measure process continue.
An approved ballot measure will provide additional funds that may then be used for
future services, such as police and fire services, for the community.
Submitted By:
uth nn Mo e
Economic Development Manager
Reviewed:
6��- �3i�]
/' i, AL��
(Jaot Moore
rector of Finance
Approval:
n McCarthy
i City Manager
Department Head:
Martin Alvarez
Economic Development Director
Rudy Zta
Assistant City Manager
G \Econ Development\Ruth Ann Moore\STAFF REPORTS\Lew Edwards Amend #2 6-09-16 docx
CITY OF PALM DESERT Contract # / P.O. # I C34330 P 111919
Change Order No. 1 2
Chan
PROFESSIONAL SERVICE AMENDMENT Contingency: YES � No x
Contract Purpose Revenue Planning Consultant Account No. 1104430-4309000
Consultant's Name Lew Edwards Group Project No. N/A
Address P.O. Box 21215, Oakland, CA 94620 vendor No. V0013704
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
DESCRIPTION OF CHANGES In Contract Price In Contract Price
Contract No. C34330 -
Phone and email survey $22,850
ALL OTHER TERMS OF SUBJECT CONTRACT TO REMAIN THE SAME.
TOTALS: - $22,850
NET CHANGE IN CONTRACT PRICE: $22,850
JUSTIFICATION: Contractor performed additional hours for operating the carts during Fashion Week El Paseo and
Food & Wine Festival Palm Desert
TOTAL BUDGET FOR PROJECT: + $129,100 CONTINGENCY: -
Less: Expend. & Encumb. To Date: - 106,250.00 Amount Approved by Council: + -
Less. This Change Order Amount: - 22,850.00 Less: Prior Amendment(s): - -
BALANCE OF BUDGET $0 Less: This Amendment: - -
REMAINING FOR PROJECT: Balance Remaining of Contingency: -
The amount of the Contract will be Increased by the Sum of: Twenty Two Thousand, Eight Hundred and Fifty,
Dollars ($22,850.00).
Continued on reverse
Contract C34330 Amendment No. 2 Continued from front
This Professional Service Amendment covers changes to the subject contract as described herein. The Consultant
shall perform all work as necessary or required to complete the Professional Service Amendment items for a lump
sum price agreed upon between the Consultant and the City of Palm Desert, otherwise referred to as Owner.
Contract Time Extension N/A Days.
Revised Contract Total Varies from one semiannual update to the next based on number of pages reauirinq
editinq/reprintinq .
The undersigned Consultant approves the foregoing Professional Service Amendment # 2 as to the changes, if any,
in the contract price specified for each item including any and all supervision costs and other miscellaneous costs
relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on
account of said Professional Service Amendment # 2 . The Consultant agrees to furnish all labor and materials and
perform all other necessary work, inclusive of that directly or indirectly related to the approved time extension, required
to complete the Professional Service Amendment items. This document will become a supplement of the contract and
all provisions will apply hereto. It is understood that the Professional Service Amendment shall be effective when
approved by the Owner.
Execution of this Professional Service Amendment by the Consultant constitutes a binding accord and satisfaction that
fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or
equity, arising out of or related to the subject of the Professional Service Amendment, whether known or unknown,
including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of
productivity, as well as any and all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
REQUESTED BY:
3 CERTIFIED
FUNDS AVAILABLE:
DEPARTMENT HEAD
FINANCE DIRECTOR
NOTE: No payments will be made prior
to City Manager and Council approval
2. ACCEPTED BY:
CONSULTANT Date Accepted
4. APPROVED BY:
Robert A. Spiegel, MAYOR Date Approved
CITY MANAGER Date Approved
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SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This constitutes the Second Amendment to the Agreement for Consultant Services executed by The
Lew Edwards Group ("LEG") and the City of Palm Desert ("City") effective April 24, 2015. The
Agreement shall be revised consistent with Exhibit A to this Amendment, by an additional Twenty -
Two Thousand, Eight Hundred and Fifty Dollars ($22,850).
The Agreement is hereby amended to increase the total Not to Exceed Cost to One Hundred and
Twenty -Nine Thousand, One Hundred Dollars ($129,100.00).
All other provisions of the Agreement not otherwise revised in this Amendment shall remain in full
force and effect.
Dated
CITY OF PALM DESERT
Approved by:
y anager Justin i
ar y
Dated:
THE LEW EDWARDS GROUP
Accepted b
loyd A. wards, Secretary -Treasurer
EXHIBIT A
Additional Scope of Services and Compensation Schedule
Additional Scope of Work
CONSULTANT shall provide additional opinion research services to the CITY through its designated
subcontractor, FM3 Research: conduct a follow-up opinion research study of up to 400 respondents through
telephone and online surveys of approximately 15 minutes.
Schedule of Additional Comnensation
The additional contract sum shall not exceed Twenty -Two Thousand, Eight Hundred and Fifty Dollars
($22,850) due and payable upon invoice by Consultant.
W
CONTRACT NO. C34330
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 24 day of April, 2015, by and
between the City of Palm Desert, a municipal corporation, organized under the laws of
the State of California, with its principal place of business at 73-510 Fred Waring Drive,
Palm Desert, California, 92260 ("City") and The Lew Edwards Group, a ballot measure
preparation consultant, with its principal place of business in Oakland, California
("Consultant"). City and Consultant are sometimes individually referred to herein as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional consulting services required by the City on the terms and
conditions set forth in this Agreement. Consultant represents that it is experienced in
providing professional consulting services to public clients and is familiar with the
desires of the City to conduct surveys with Palm Desert constituents' on their views of
city services, customer satisfaction, fiscal and revenue issues and more.
2.2 Project.
City desires to engage Consultant to render such professional consulting
services for constituent surveys Contract No. C34330 ("Project") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional consulting
services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with, this Agreement, the
exhibits attached hereto and incorporated herein by reference, and all applicable local,
state and federal laws, rules and regulations.
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DRAFT 11 /5/13 1
CONTRACT NO. C34336
3.1.2 Term. The term of this Agreement shall be from April 2015-July 30,
2015, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established
schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor-, Control and Pavment of Subordinates.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Consultant shall
also not be employees of City and shall at all times be under Consultant's exclusive
direction and control. Neither City, nor any of its officials, officers, directors, employees
or agents shall have control over the conduct of Consultant or any of Consultant's
officers, employees, or agents, except as set forth in this Agreement. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant
shall be responsible for all reports and obligations respecting such additional personnel,
including, but not limited to- social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule
of Services set forth in Exhibit "A" attached hereto and incorporated herein by
reference. Consultant represents that it has the professional and technical personnel
required to perform the Services in conformance with such conditions. In order to
facilitate Consultant's conformance with the Schedule, City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the Schedule of
Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon written approval of
City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
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the request of the City. The key personnel for performance of this Agreement is:
Catherine Lew, President/CEO.
3.2.5 Citv's Representative. The City hereby designates Ruth Ann
Moore, Economic Development Manager, or his/her designee, to act as its
representative in all matters pertaining to the administration and performance of this
Agreement ("City's Representative"). City's Representative shall have the power to act
on behalf of the City for review and approval of all products submitted by Consultant but
not the authority to enlarge the Scope of Work or change the total compensation due to
Consultant under this Agreement. The City Manager shall be authorized to act on City's
behalf and to execute all necessary documents which enlarge the Scope of Work or
change the Consultant's total compensation subject to the provisions contained in
Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any
person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates
Catherine Lew, President/CEO, or his/her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant's Representative shall
supervise and direct the Services, using his/her best skill and attention, and shall be
responsible for all means, methods, techniques, sequences, and procedures and for
the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subconsultants shall have sufficient skill
and experience to perform the Services assigned to them. Finally, Consultant
represents that it, its employees and subconsultants have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the
Services, and that such licenses and approvals shall be maintained throughout the term
of this Agreement. As provided for in the indemnification provisions of this Agreement,
Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessary to correct errors or omissions which are caused by the
Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub -consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the
Project, a threat to the safety of persons or property, or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly
removed from the Project by the Consultant and shall not be re-employed to perform
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any of the Services or to work on the Project.
3.2.9 Laws and Requlations. Consultant shall keep itself fully informed
of and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for
all violations of such laws and regulations in connection with Services. If Consultant
performs any work knowing it to be contrary to such laws, rules and regulations,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall
defend, indemnify and hold City, its officials, directors, officers, employees, agents, and
volunteers free and harmless, pursuant to the indemnification provisions of this
Agreement, from any claim or liability arising out of any failure or alleged failure to
comply with such laws, rules or regulations.
3.2.10Insurance. Consultant shall not commence work under this
Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this section. In addition, Consultant shall not allow any
subconsultant(s) to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subconsultant has secured all insurance required under
this section.
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and
in a form satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability
insurance with coverage at least as broad as insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability-, (2) cross liability exclusion for claims or suits by one insured against another-, or
(3) contain any other exclusion contrary to the Agreement.
Automobile Liabilitv Insurance. Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than 1,000,000 combined single
limit for each accident.
Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before
the effective date of this agreement and Consultant agrees to maintain continuous
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coverage through a period no less than three years after completion of the services
required by this agreement. Covered professional services shall specifically include all
work to be performed under the Agreement and delete any exclusions that may
potentially affect the work to be performed (for example, any exclusions relating to lead,
asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work,
etc.). If coverage is written on a claims -made basis, the retroactive date shall precede
the effective date of the initial Agreement and continuous coverage will be maintained
or an extended reporting period will be exercised for a period of at least three (3) years
from termination or expiration of this Agreement.
Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000). Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert,
its officers, agents, employees and volunteers.
Umbrella or Excess Liabilitv Insurance: Consultant may opt to utilize umbrella or
excess liability insurance in meeting insurance requirements. In such circumstances,
Consultant shall obtain and maintain an umbrella or excess liability insurance policy
with limits of not less than 4,000,000 that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set forth
above, including commercial general liability and employer's liability. Such policy or
policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that
would otherwise have applied proves to be uncollectible in whole or in part for
any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or
excess policies
Other Provisions or Requirements
Insurance for Subconsultants. All Subconsultants shall be included as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for
causing Subconsultants to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional
Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory
evidence as required under Insurance Section of this Agreement.
Proof of Insurance. Consultant shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of performance. The
certificates and endorsements for each insurance policy shall be signed by a person
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authorized by that insurer to bind coverage on its behalf. Current certification of
insurance shall be kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Duration of Coverage. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants.
Citv's Riqhts of Enforcement. In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any
premium paid by City will be promptly reimbursed by Consultant or City will withhold
amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to
this agreement shall be endorsed to waive subrogation against the City of Palm Desert,
its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby
waives its own right of recovery against the City of Palm Desert, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Consultant of
non-compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
Primary and Non-Contributinq Insurance. All insurance coverages shall be primary
and any other insurance, deductible, or self-insurance maintained by the indemnified
parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
Specifications Not Limitinq. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains
to a given issue and is not intended by any party or insured to be all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
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Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for
each required coverage.
Additional Insured Status. General liability, Automobile Liability, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm
Desert and its officers, officials, employees, and agents shall be additional insureds
with regard to liability and defense of suits or claims arising out of the performance of
the Agreement, under such policies. This provision shall also apply to any excess
liability policies.
Citv's Right to Revise Specifications. The City reserves the right at any time during
the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City and Consultant
may renegotiate Consultant's compensation.
Self -Insured Retentions. Any self -insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered
to comply with these specifications unless approved by City.
Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims
made or suits instituted that arise out of or result from Consultant's performance under
this Agreement, and that involve or may involve coverage under any of the required
liability policies.
Safety. Consultant shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be performed.
Safety precautions, where applicable, shall include, but shall not be limited to: (A)
adequate life protection and lifesaving equipment and procedures; (B) instructions in
accident prevention for all employees and subconsultants, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C)
adequate facilities for the proper inspection and maintenance of all safety measures.
Additional Insurance. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Thirtv Nine Thousand, Seven Hundred and Fiftv dollars
even ($39,750.00) without written approval of the City Council or City Manager as
applicable. Extra Work may be authorized, as described below, and if authorized, will
be compensated at the rates and manner set forth in this Agreement.
3.3.2 Pavment of Compensation. Consultant shall submit to City a
monthly invoice which indicates work completed by Consultant. The invoice shall
describe the Services provided since the initial commencement date, or since the start
of the subsequent billing periods, as appropriate, through the date of the invoice. City
shall, within 30 days of receiving such invoice, review the invoice and pay all non -
disputed and approved charges thereon. If the City disputes any of Consultant's fees,
the City shall give written notice to Consultant within thirty (30) days of receipt of an
invoice of any disputed fees set forth therein.
3.3.3 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the Parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without written authorization from the City.
3.3.4 Prevailing Wages. N/A
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of one (1) year from
the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and
without cause by giving written notice to Consultant of such termination, and specifying
the effective date thereof, at least seven (7) days before the effective date of such
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termination. Upon termination, Consultant shall be compensated only for those
services which have been adequately rendered to City, and Consultant shall be entitled
to no further compensation. Consultant may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall
be required to provide such document and other information within fifteen (15) days of
the request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant: The Lew Edwards Group
5454 Broadway
Oakland, CA 94618
P.O. Box 21215
Oakland, CA 94620
Attn: Catherine Lew, President/CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn-. Ruth Ann Moore, Economic Development Mgr.
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of
service.
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CONTRACT NO. C34330
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensinq of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in Final Work Products, such as plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible
medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data").
Consultant shall require all subconsultants to agree in writing that City is granted a
non-exclusive and perpetual license for any Final Work Product Documents & Data the
subconsultant prepares under this Agreement. Consultant represents and warrants
that Consultant has the legal right to license any and all such Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant, Consultant drafts
or work notes, or items provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents & Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents & Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from
releasing Consultant's proprietary information ("Proprietary Information") unless the
City's legal counsel determines that the release of the Proprietary Information is
required by the California Public Records Act or other applicable state or federal law, or
order of a court of competent jurisdiction, in which case the City shall notify Consultant
of its intention to release Proprietary Information. Consultant shall have five (5) working
days after receipt of the Release Notice to give City written notice of Consultant's
objection to the City's release of Proprietary Information. Consultant shall indemnify,
defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss, cost or expense (including attorney's fees) arising out
of a legal action brought to compel the release of Proprietary Information. City shall not
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CONTRACT NO. C34330
release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and
hold City harmless from any legal action brought to compel such release; and/or (2) a
final and non -appealable order by a court of competent jurisdiction requires that City
release such information.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the
other party, either legal, administrative or otherwise, arising out of or in connection with
this Agreement, the prevailing party in such litigation shall be entitled to have and
recover from the losing party reasonable attorney's fees and all other costs of such
action.
3.5.6 Indemnification.
3.5.8.1 Scope of Indemnitv. To the fullest extent
permitted by law, Consultant shall defend, indemnify and hold the City, its directors,
officials, officers, employees, volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of
any kind, in law or equity, to property or persons, including wrongful death, in any
manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions,
or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant's Services,
the Project or this Agreement, including without limitation the payment of all
consequential damages, expert witness fees and attorneys fees and other related costs
and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are
subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to
the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnitv Obligations. To the fullest
extent permitted by law, Consultant shall defend, with counsel of City's choosing and at
Consultant's own cost, expense and risk, any and all claims, suits, actions or other
proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted
against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered
against City or its directors, officials, officers, employees, volunteers and agents as part
of any such claim, suit, action or other proceeding. Consultant shall also reimburse City
for the cost of any settlement paid by City or its directors, officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for City's attorney's fees and costs, including
expert witness fees. Consultant shall reimburse City and its directors, officials, officers,
employees, agents, and/or volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
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CONTRACT NO. C34330 '
provided. Consultant's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, agents,
or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement
of the parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both parties.
3.5.8 Governinq Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.10 Citv's Riqht to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction-, References-, Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subconsultants of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.14 Amendment-, Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
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CONTRACT NO. C34330
3.5.16 No Third-Partv Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invaliditv: Severabilitv. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subconsultant,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex or age. Such non-discrimination shall include, but not be
limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination. Consultant shall also
comply with all relevant provisions of City's Minority Business Enterprise program,
Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
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CONTRACT NO. C34330 '
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
CITY OF PALM DESERT
By: hvxle 111'�
n M. Wohlmuth, City Manager
ATTES :
APPROVED AS TO FORM:
THE LEW EDWARDS GROUP
By:
herine Lew, President/CEO
G \GtyClrk\Glona Sanchez\C34330 - The Lew Edwards Group doc 14 BBK: Nov 2013
CALIFORNIA ALL -Pt, .01.1p W 4 a ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia (� )
County of �NCkr�•P U C'\ )
On (I CA before me,'r,k C 1.c-, C. _ {ZAA�' O J
Date Here Insert Name and Title of the d wcer
personally appeared COI C� c r `Q 1^ -e kjj
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are
subscribed to the within instrument and acknowledged to me that .he/she/they executed the same in
hWherAhteir authorized capacity(es), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
ZARINA RATNOO
Commission # 1992347
a •t;� Notary Public - California z
Z a� D
Alameda County
My Comm. Expires Sep 27, 2016
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature C) 0)
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Trtle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attomey in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Trtle(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
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02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
SCOPE OF SERVICES
CONTRACT NO. C34330
BBK: April2013
F uirbanh,
To: Ms. Ruth Ann Moore, Economic Development Manager Muslin,
• Mr. Martin Alvarez, Director of Economic Development Mcntllin,
City of Palm Desert Met.. $
Associates
From: Catherine Lew, President/CEO, The Lew Edwards Group
Date: April 7, 2015
Re: Proposal to Provide Strategic Consulting Services
Thank you for the City of Palm Desert's recent invitation to The Lew Edwards Group to submit a
proposal for Public Engagement/Priority Setting Services. I am delighted to be joined in this proposal
by our survey engagement subcontractor, FM3 Research.
LEG/FM3 would welcome a collaboration with the City of Palm Desert to assess, engage and obtain
input from your constituents regarding their satisfaction levels and service priorities. Please do not
hesitate to contact me at the phone/email below for any follow-up needs related to this Proposal.
STATEMENT OF QUALIFICATIONS
LEG and FM3 are California leaders in providing cutting edge Public Engagement and/or Budget and
Revenue Planning services to public agencies throughout California, including counties, school
districts, community college districts, cities, and selected nonprofit and private sector clients.
Our team partners and experts have decades of experience in independent community survey
engagement, community engagement and communications, direct mail, coalition -building, social and
traditional media, and more. The following are some of the many qualities that LEG/FM3 offers to
the City of Palm Desert:
✓ California leaders in cutting edge Public Engagement or Budget/Revenue Planning Services for
local governments, having directed hundreds of these types of projects;
✓ Experience with cities of all sizes and characters, with an understanding of the demographic
and environmental context of your region, including similar engagements within Riverside
County and the greater Inland Empire/Coachella Valley;
✓ Experts with decades of professional experience in pertinent disciplines, including nationally -
recognized, award -winning Public Engagement products and custom -designed, statistically
valid and measurable public engagement surveys to assess constituent satisfaction levels and
service priorities in the context of budget planning; and
✓ A team and consensus -building management style, with focused, enthusiastic and committed
dedication to your needs.
About The Lew Edwards Group (Lead Consultant)
Experts from The Lew Edwards Group are frequently sought after trainers and speakers for the
League of California Cities, California Municipal Treasurers Association, Local Government
Commission, Institute for Local Governments, Municipal Management Association of Northern
California and other organizations to share our nationally -recognized, award -winning Public
Engagement approaches. LEG's Public Engagement products have been recognized on multiple
occasions in the prestigious national Pollie Awards and Golden Paragon Awards.
LEG was incorporated in 1997, and is a California leader in providing successful Public Engagement
and Budget Planning services. LEG principals have provided these services for literally hundreds of
projects over the past eighteen years. More than two-thirds of LEG's practice is in providing these
types of services. LEG experts have award -winning expertise in all aspects of Public Engagement
and pride themselves on providing individualized, quality service to all of our clients.
About Fairbank, Maslin, Maullin, Metz & Associates (Engagement Survey Subcontractor)
FM3 has specialized in community engagement -oriented opinion research since it was first organized
in 1981. FM3 is especially experienced in conducting community engagement surveys for local
government. FM3 plans and executes all phases of these types of survey projects from beginning to
end. On an annual basis, FM3 conducts as many as 100 community engagement focus groups and
300 community engagement surveys, a strong standard by any measure. FM3 also serves as the Leayue
of California Cities' primaru survey research firm. FM3 regularly conducts seminars and forums with the
League of California Cities to educate city leaders on how Public Engagement Surveys can be used to
address the concerns, needs and priorities of their residents.
FM3's 22-person staff is multi -talented and works as a team to assure the completion of independent,
measurable quality analysis in a timely manner. In addition, FM3's data collection and sampling
team is closely supervised by FM3 to render immediate, high -quality service. FM3 prides itself in
delivering personal service to its clients, who are assured ongoing contact with the firm's principals
and senior personnel.
EXPERIENCE
LEG's extensive experience on behalf of local government means that we are uniquely qualified to
serve the City of Palm Desert's needs at this time.
LEG is the California leader in providing high-level professional services to local governments
including strategic or budget planning and advice, public outreach, community engagement, and
assessment programs to a variety of public agency clients. An eight -member firm with top
professionals from disciplines such as media, community organizing, ballot measure preparation,
government affairs, and public relations, the Lew Edwards Group has conducted successful
communications and outreach efforts in virtually every county in California as far north as Trinity
'County and as far south as Imperial County.
Experience with Public Agencies — Partial List
The Lew Edwards Group has represented the following agencies on similar projects, including trm
15 agencies in Riverside County. Comprehensive lists for both firms can be found on our websites:
www.lewedwardsiaroup.com and www.fm3research.com
LEG's many municipal clients include the cities of Arcadia, Artesia, Arvin, Belmont, Benicia, Beverly
Hills, Burlingame, Campbell, Canyon Lake, Cathedral City, Ceres, Chico, Chino Hills, Clovis,
Coachella, Concord, Covina, Cupertino, Desert Hot Springs, Dinuba, Downey, E1 Cerrito, Elk Grove,
Emeryville, Escondido, Fairfield, Fortuna, Galt, Gardena, Gilroy, Grover Beach, Half Moon Bay,
Hemet, Hercules, Hermosa Beach, Huntington Beach, Indio, Inglewood, Kingsburg, La Habra, La
Mesa, La Mirada, La Quinta, Lathrop, Larkspur, Lawndale, Livermore, Long Beach, Lynwood, Los
Banos, Manhattan Beach, Manteca, Millbrae, Moraga, Moreno Valley, Morro Bay, Newark, Norwalk,
Novato, Palm Springs, Palo Alto, Pasadena, Pico Rivera, Pinole, Porterville, Rancho Cucamonga,
Rancho Santa Margarita, Redondo Beach, Reedley, Ridgecrest, Riverside, Rohnert Park, Rolling Hills
Estates, San Jose, San Juan Capistrano, San Leandro, San Luis Obispo, San Ramon, Sanger, Santa
Cruz, Santa Fe Springs, Santa Maria, Santa Monica, Saratoga, Seal Beach, Seaside, Selma, Stanton,
Stockton, South Pasadena, South San Francisco, Tracy, Vallejo, Visalia, Vista, West Hollywood,
Westminster, Wildomar, and the counties of Fresno, Humboldt, Imperial, Santa Cruz, and Tulare,
among many others.
Riverside County Experience
As mentioned, our team has represented 15 agencies in the County on a variety of opinion
research, budget/revenue planning, and strategic communications needs.
Besides the cities listed above, LEG/FM3 also represented Beaumont Unified School District,
Corona Norco Unified School District, Mt. San Jacinto Community College District, San
Jacinto Unified School District on successful strategic planning and communications projects.
Other county -based projects that successfully included efforts to support local business
revitalization or tourism efforts include the City of Riverside on a project to benefit (among
other projects) its Visitors and Convention Center; the City of Indio on two measures to
achieve taxpayer equity and fair payments from visitors to the City, among many other
regional projects.
RECOMMENDED OVERALL PROJECT APPROACH
Project Objectives and Steps
Among other goals, LEG's services are designed to:
1) Provide efficient, supportive and responsive Project Management for the City's Public
Engagement and Strategic Planning Project;
2) Assess and analyze constituent satisfaction, priorities, and views through Public Opinion
Research;
3) Implement a Public Information Program to inform and engage constituents around timely
issues; and
4) Provide additional strategic services as needed.
Project Management
LEG prides itself on a team building approach and for most cities, typically facilitates, manages and
oversees all team members for effective deployment on all benchmarks during the planning process.
LEG will initiate our efforts through a Kick Off meeting and schedule subsequent, consistent
planning teleconferences with the City. With the input of all participants, LEG will develop meeting
agendas, facilitate sessions, and coordinate the timely deployment of all tasks and assignments. Our
planning efforts throughout the process are designed to use the City's time efficiently and well, while
providing important Project Management leadership and management to ensure that all timetables
and benchmarks are met within the necessary timeframe.
LEG approaches its leadership role with personal dedication, enthusiasm, and a commitment to
excellent service, recognizing that our ultimate consumer is not only the City of Palm Desert, but also
most importantly, the constituents the City represents.
STEP ONE: Assess Constituent Views through Public Opinion Research
LEG recommends FM3 Research --an excellent opinion research firm with whom LEG has partnered
on all of its successful Riverside County projects —to provide the City with its opinion research needs.
FM3 provides custom -designed community opinion research that is tailored to meet the specific
needs of its clients. FM3 combines its well -tested research protocols for measuring public opinions
and service priorities with careful attention to the particular and special characteristics of the
individual local environment. FM3 does not believe in the use of a "cookie -cutter" questionnaire for
every community. Instead, FM3 works closely with a city to develop a detailed understanding of its
research issues and needs, and then develops a questionnaire that addresses those needs carefully
and thoroughly.
In designing the survey questionnaire, FM3 will draw on its knowledge of community opinion
survey methodology, as well as its past experience in conducting research within Riverside County
and the input it receives from the City. As noted above, the process will begin with an initial kickoff
meeting between key FM3, LEG and City staff. The meeting will provide a comprehensive
discussion of the key issues that should be explored in the community opinion survey and the sample
methodology.
-After the meeting, FM3 will begin drafting the questionnaire, while maintaining close phone and e-
mail contact with the project team to follow up on issues discussed during the kickoff meeting. FM3
will then present a first draft of the survey questionnaire to City staff for their review. After
collecting feedback, FM3 will revise and refine the survey questionnaire.
We foresee proceeding through several drafts of the survey, incorporating feedback from City staff,
to develop a questionnaire that is capable of obtaining all of the information desired. Before
commencing interviewing, FM3 will obtain the approval of the appropriate City representative(s) on
the final version of the questionnaire. FM3 envisions that the poll will analyze some of the following
issues:
• Determining residents' overall satisfaction with the quality of life;
• Ranking of the seriousness of a variety of problems facing local residents, including the
economy,
• Evaluating satisfaction with City services;
• Gauging residents' overall attitudes towards fiscal issues;
• Identifying voters' priorities for revenue and interest, if any in revenue options;
• Identifying effective information in communicating with constituents about your needs;
• Identifying demographic and attitudinal characteristics of constituents for detailed analysis.
Opinion Survey Methodology —The last few years have seen significant changes in the ways that
many Americans use telephones and other communications technology. The dramatic rise in the use
of caller I.D. and similar technologies has led to an increase in individuals screening their calls. At
the same time, the use and prevalence of online communications technology - such as email and
interactive websites - has exploded as a greater proportion of the population has access to the Internet
through their smartphone or other mobile device.
These changes have had a significant effect on the discipline of public opinion research. Though the
traditional methodology of conducting randomized telephone surveys continues to provide highly
accurate data on public sentiments in a cost-effective manner, the rise of call -screening behavior
presents increasing challenges for survey projects attempting to achieve generalizable results within
small populations, such as those the size of the City of Palm Desert.
In order to sample a statistically -reliable number of City of Palm Desert respondents, FM3
recommends utilizing a hybrid internet-telephone survey methodology rather than a traditional
telephone survey methodology for this project. The proposed hybrid methodology, which has been
successfully deployed by FM3 on behalf of numerous clients throughout the state, will increase the
opportunities to participate in the survey for Palm Desert respondents who may be less likely to
participate in a traditional telephone -only survey. This increased participation results in not only a
representative sample of the City's target audience, but also an effective sample size for the necessary
precision of survey results.
FM3's hybrid internet-telephone survey methodology uses a two-phase approach. Phase I consists of
the online interviews, while Phase II consists of the telephone interviews.
Phase 1: Online Interviews: During this phase (the internet portion of the survey), FM3 will pull a
randomized sample of the appropriate Palm Desert audience. FM3 will collect email addresses for
respondents in this sample from three sources:
(1) The Registrar of Voters
(2) The City's own records (if available)
(3) Matching the names of those who did not provide an email address to the Registrar, with a list
of email addresses from commercially -available consumer records
Once FM3 has identified email addresses for the largest possible number of respondents desired, an
invitation will be sent to the individuals for whom an email address is available, using the City's
electronic stationary and signed by the City Manager, explaining that the City has hired an
independent public opinion research company to conduct research on issues that are relevant to local
residents, and providing a link for the voter to take the survey online. Within three to four days after
the first email invitation is sent, a second reminder email will be directed to recipients who have not
yet taken the survey requesting that they do so.
Phase 11: Telephone Interviews: Within a week of this initial email, FM3 will conduct a thorough
examination of the demographic characteristics of those who have taken the survey online. By
comparing the demographic characteristics of those who have completed an online survey with the
characteristics of the audience desired, FM3 will take note of specific demographic groups of the
City's desired audience that are either overrepresented or underrepresented in the online sample. In
many communities, those who opt to take a survey online tend to be both younger and more recent
registrants than the broader population. FM3 will then conduct additional interviews with additional
Palm Desert respondents by telephone. To be consistent with the level of information provided to the
online survey participants, telephone survey participants will be told before they begin the survey
that the survey is being sponsored by the City of Palm Desert.
These telephone interviews will be concentrated among respondents who were underrepresented in
the online sample, producing an overall survey sample using both methodologies (online and
telephone) that closely matches the City's desired audience. Given the demographic composition of
those who generally opt to take surveys online, it is likely that these telephone interviews will be
heavily concentrated among respondents 50 and over and others that also are less likely to have an
email address associated with public records. FM3 will also conduct smaller numbers of telephone
interviews among individuals whose demographic profile matches that of the online survey
participants, but for whom no email address is available, to ensure the accuracy of the data produced
by the online portion of the survey.
In summary, FM3 suggests utilizing the hybrid online -telephone survey methodology for this project
because of the two key advantages that this methodology provides over a traditional telephone
survey:
•1) The ability to complete a greater number of interviews, along with the resultant decrease in the
survey margin -of -error, and;
2) The ability to capture the opinions from a pool of respondents who are more representative of the
City's desired audience- particularly the views of younger voters.
Younger respondents are likely to be more comfortable interacting with a computer screen or
smartphone than speaking with a live telephone operator, and as a result often opt not to participate
in traditional telephone -only surveys.
STEP TWO: Implement Public Information Program
Following completion of the public opinion research study, LEG will independently evaluate survey
results and advise the City on policy areas where your constituents have the greatest interest, or need
additional information.
Following our assessment of the City's opinion research, LEG will develop initial Public
Information/Communications Recommendations. LEG will:
• Develop and refine messages for inclusion in existing Cit_v communications vehicles to deliver
and saturate your message, including the City newsletter, guest columns, copy for links on the
City website, and focused Power Point Presentations for the informational Speakers' Bureau,
Stakeholder, Key Influential and community presentations. LEG will provide first drafts of all
materials, for the review and approval of the City. Embedding consistent messages within all
communications vehicles — including those that reach internal audiences such as employees —will
be important.
• Recommend strategic methods to message -target existing networks and organizations throughout
the Citv to focus vour message, and solicit and respond to auestions from the public. User-
friendly messaging and consistency of message is key — and LEG will assist in providing the
leadership and implementation structure for effective deployment, including training the
appropriate city messengers on the message and creating a communications deployment plan that
is achievable.
Communication Goals
1. Develop messages that effectively inform, solicit and respond to questions from the public
2. Provide structure and copy for public information materials to educate residents about the
needs and the services at stake
3. Implement an earned (non -paid) media press and Internet strategy to highlight the services
or projects at stake, budget realities and challenges
4. Implement a direct mail program to the public -at -large to highlight relevant facts while
engaging the public
Development of Key Messages
The Public Information Program is a critical method of educating the public and raising awareness of
the City's planning, vision and needs.
"Message discipline" and a clear, concise focus are critical to our marketing effort. LEG will draft
and/or refine talking points for City staff and Council use.
Direct Mail Component
LEG also recommends that an informational direct mail program be implemented to the public -at -
large. Doing so will raise awareness of city planning or policies beyond "insiders" or already -active
stakeholders and key influentials, to the silent majority.
A hallmark of LEG's approach are user-friendly brochures or letters that have a return card or other
mechanism to allow citizens to ask questions, provide input, or otherwise comment — establishing
two-way communication. However, interactive direct mail is most effective as an early strategy. LEG
will advise the City whether its preparation should include two-way direct mail communications. If
not, there are other types of factual mailings that our agencies have successfully implemented as part
of their public information process. The number of mailers recommended depends on your City's
budgetary parameters and the desired marketing or project objective.
In consultation with City staff, as noted above LEG will also draft and/or refine informational articles
for the City newsletter, handouts, press releases and website, with appropriate supporting materials
(charts, graphs, visual aids, etc.) to communicate key messages and inform residents. In addition,
LEG will draft, review and/or refine supporting fact sheets, flyers and other communications. Other
communications vehicles include your City website, community television, and a Speakers' Bureau
program. Many of our public agencies use YouTube and Twitter as part of their public
communications program.
Commimity Otitreach Plan
Following analysis of the poll, LEG will design a community outreach plan strategically directed to
key organizations within the City. Designating the appropriate city speakers will be an early decision
point. As part of our Scope of Work, LEG typically develops a tailorized "Speakers Bureau Toolkit"
for assigned City speaker/messengers including helpful hints, speaker objectives, "sticky" (difficult)
QAs, and Speaker leave -behinds. LEG will conduct Speaker Training.
Press Coverage
LEG will review earned (non -paid) media press opportunities with the City's staff/PIO. Balanced or
positive press coverage will build additional constituent engagement throughout the process, which
is critical to engaging community stakeholders and informing your public about your needs.
-Rapid Response
LEG will redirect message points and materials to assist in rapid response to problematic media or
citizen inquiries as necessary. Frequently, communities that pride themselves on having active
stakeholder groups can, at times, be prone to being victims of inaccurate information, or controversy -
based media coverage. LEG experts will be available to craft appropriate rapid responses as
necessary to address changing external nuances.
FUTURE PLANNING STEPS OR PREPARATION
Should the City's constituents be interested in additional revenue options or service enhancement,
LEG is available to provide additional services, including collaborating with the City Attorney and
City staff on a revenue measure to address the public's interests, if any.
ASSIGNED PROJECT PERSONNEL
The City can be assured of the highest level of service from the senior executives at LEG and FM3, all
of whom have extensive experience in the Valley and with the County's unique demographics.
Catherine Lew
President and CEO, The Lew Edwards Group
Consul tan t-in-Charge
Catherine Lew, co-founder and President/CEO of The Lew Edwards Group, is a premier consultant
in California providing strategic consulting and communications services to public agencies that
include cities, counties, special districts, and education districts.
Lew has over 30 years of experience and is a veteran of over 600 similar projects. Selected clients
represented by Lew include the cities of Cathedral City, Canyon Lake, Indio, Palm Springs,
Riverside and Wildomar.
Under Lew's strategic direction, The Lew Edwards Group has enjoyed eighteen years of success in
representing scores of agencies that need high level assistance. The firm has enacted more than $32.5
Billion in California revenue measures, with a 95% success rate. Lew prides herself on her firm's
excellent service to each and every client-- diverse agencies that range dramatically in size and scope
of strategic needs. She has earned a reputation as one of the state's toughest advocates and tacticians
on behalf of local government.
A graduate of the University of California, Berkeley and the University of San Francisco School of
Law, is also a member of the California State Bar. Lew zt,ill serve as the Lead Consultant.
Emily Salkado
Associate, The Lew Edwards Group
Communications Specialist
Emily Salgado is a highly experienced professional with years of expertise in public relations,
government affairs, and communications campaigns.
Salgado has managed successful strategic planning projects for Lew Edwards Group clients
throughout California. In the November 2014 election cycle, Salgado represented the County of
Humboldt and the cities of Benicia, Canyon Lake, Concord, El Cerrito, Norwalk and Union City on
successful communications projects. She is currently representing the cities of Hercules, Novato and
South San Francisco among other clients on their strategic planning needs.
Prior to joining The Lew Edwards Group, Salgado served as senior staff for California legislative
offices and worked as a successful communications professional for state legislative and local
candidates. Salgado will function as the Commtinications Specialist to your project.
lohn Fairbank
Partner, FM3 Research
Lead Opinion Researcher
John Fairbank has more than thirty-five years experience in public opinion research and policy
analysis. As a founding partner of Fairbank, Maslin, Maullin, Metz & Associates, Mr. Fairbank has
consulted for some of the most influential national clients in the areas of government, education,
business, non-profit and labor.
Mr. Fairbank works extensively on policies that focus on conservation, transportation, education,
healthcare, public safety and financing government services. Mr. Fairbank has been instrumental in
statewide projects throughout the country that have resulted in public approval of billions of dollars
in funding for services, programs and projects on behalf of state, county and city governments,
special districts and K-12 and community colleges.
At the local level, Mr. Fairbank has specialized in developing strategies to expand revenue for issues
like education, the environment, transportation, public safety, social services, humane animal
treatment and libraries —in nearly a hundred cities and counties in California and other states.
John Fairbank graduated from UCLA and serves as a Senior Fellow at the UCLA School of Public
Policy and Social Research. Mr. Fairbank will serve as the City's lead researcher.
` - TYPICAL COSTS
Proposed Fees for Step One
As we have preliminarily discussed, this proposal is specific to the initial strategic planning desired
by the City, which is to assess the service and satisfaction viewpoints of your constituents. Following
this first step, our team will provide analysis and recommendations, including any additional
services or project costs that may be incurred by the City.
Without exception, LEG and its subcontractors do not charge on an hourly or time and materials
basis.
Professional Consulting Services $12,500
-Presumes 8 weeks of services from initiation of efforts
-Presumes that no more than two in -person meetings or presentations will be necessary, with other collaborative work performed
through emails and teleconferences
Constituent Survey Interviews $26,250
-Presumes interview length of approximately 20 minutes, sample size of 400
-Both Internet and Telephone Surveys will be conducted
Travel/Out-of-Pocket $1,000
-only those expenses actually incurred will be invoiced, at cost
Total for Step One: $39,750
Additional Project Expenses
Depending on project objectives, the City can expect to budget for the following additional categories
of expenditures related to its communications and planning project:
• additional professional consulting fees
• mailing costs
• in some instances, an additional "follow-up survey" in 2016
If the City initiates its collaboration with our team by the end of April, it may be possible to better
define/refine these anticipated costs prior to the City finalizing its upcoming budget for the next fiscal
year.
RECOMMENDED TIMELINE FOR STEP ONE SERVICES
By April 24th: Formalize Consultant Hiring
Week of April 27th: Conduct Kickoff Planning Session
Week of May 4th: Review/approve survey, pre -test survey
May 71h — June 5th: Initiate and complete survey interviews
Week of June 8th: Initiate analysis of results
Week of June 15th: Develop and finalize Strategic Planning Recommendations
Week of June 22nd: Report Survey results to City
Make recommendations, reach consensus on project goals
In closing, we would like to thank the City of Palm Desert for reaching out to our firm —our
organizations are excited about a potential collaboration, and we would love to add the City to our
successful stable of clients in the region. We look forward to hearing from you.
APPENDIX
Lew Edwards Group Experience on Transient Occupancy Tax (TOT) measures
i City of Artesia
i City of Indio
City of Kingsburg
Y County of Placer
i City of Riverside
r City of West Hollywood
iformotion abow
PAID
0
lP4 27�, the Ri%vrsi& (io Giuncil
placed Measure V tin your Noicmher 2
balL)t. Xleasure V ka hotel mv- paid only by
luireland miywl gix-Nrs. Fivers0e residents.
IKNQW2 horneowners,ir property imivr; - who.ire not
-NOT tim-d.
- - - - - - guests - are
- hoteUrnowl g
The State has taken
IfXICAUre V sApproved by
voters. it would provide
$6.5 million from
Riverside — most Riverqide with.-i3dititinal
S;'t H a D L recentIvS 17 million MIJeCILM ro keep our city , in the
right track. stimulate 11 -CAI
this spring from economic gmwrh, market and
redevelopment money attract Mote visitors bs
used to crea re local iin prc w i n g visitor and
jobs. Sacramento Will C1 invent ii in facilities and
services, and maintain services
continue to take
tha r are impacted by vv; i v i rs;
millions more due to such as Pul-olie safer%,
the Stare Midget dger c rii i s, enTergency response.
and Nleasure V park, lihTaryand
Communin iervict-s.
provides funding kx
OC1.1 seniccs that
can't be taken away.
About Mpriqi iron V
CT&
what is Measure V?
'LY 0 Providing community services
Measure V isa hi"I "x paid ON
by hotel and motel guesrs. Hotel a [m P rt 51 i " g ci inymirton center services and
visitors pay Arcs k ra x when they ,ray at fim I it i tN to P promote tourism and eLi on, i in ic
a Riverside hotel or morel. Risersl_dc
grcikvrh
residents, honiem;ners or property M.Ndailataining city parks and playgrounds
Are not hotel ur morel owners. - who . 4 S isppt P rr i 11 g library progra rn si and hours
taxed.
guests -are N 'OT L
Will Measure V funds stay local? What will it cost?
les. Me;i_iure V will provide .1 Stable. local revenue mturce that Can't he \kmsure V is paid only by hotel and morel guests and increasei; the cosirofa
taken by Sacrannerorti or the Counry. Funds form Measure V are legaily hi.stcl r(xirn by iust for horel/motel visitors, hiringing avar rates in line
required to P stay lie re in Riverside. gi vi lig us 14 ica I comm ol to pri itect essential with similar cities. Phis increase will he i triple men red in phases with I % in
.1 illy 20 1 2.1nd an addiri4 trial I in.] u ly 2014.
City services.
How would Measure V How do we know funds will be spent responsibly?
Measure V include; strong Fiscal
maintain local services? accounrahiliry protections, including,
If passed. Measure V funds will help iubicct in) p u hi ic ly ava i la ble.ann ual.
maintain essential city cervices, ;uzh as: independent audits of city funds and
N la i nra i mi ng 9- 1 - I irvsro nw ti rnes expenditures.
dMaintaining fire prorecrion and
nesght-mrtu,Aui pitice 1p.,.tnils
PkP
MEASURE S Facts MEASURE Y Fans
• Idrasure s is a 8.5�-, hotel tax
• rsleasure Y is a tax paid only trr
increase. paid only by hotet guests
businesses to obtain a business license
• .Artesia residents w property mvw.fs
from the CiC+
1 ho are not hotel guests, are NDT
• Artesra residents or property awners oha
tared
do not need to obtain a business Iicrnsr
• The rate has not beer) Intfeased lot
kn the City, are NOT [axed
33 years
• It has Even 19year s so nce b us i ness
• Measure 5 is subject to publicly
kense rates were changed
avakiabl e, annuat an dits at City
Measure Y is subtect to pu bli Cly
funds
avaiIabiL. annual audits of Ckty Iunds
For more information visit: www.CityafArtesia.us
APTF.
0� City Council takes action
.r by placing Measures S & Y
E on the ballot
Measures S and Y wll provide Official Measure 5 Ballot Language
revenue to fund City general to be pard only by NOW guests
fund services, such as public snau •7nu: oncr +c. i
salery. gang,'drug prernntion 20 YES
p pograr%, senior services. , � •+'1.r'ra irr,n.�l
street maintenance, and other 21 no 3
general fund services "ins .','.'"in..i•
Measures S and Y will provide
local Control 0 funding Official Measure Y Ballot Language
lsleasutes 5 and Y will replace To r.e µaid only by br, series ses ra nbraln a
revenue being taken by the business-'aww
State
sr•.il niiirnar,<e •.�. 22 YEs4
il'r• ISJ, vain• h
Aix rxaF.'i Ilrlcrrx+�t
iire+y lain nn 23 NO i
In.,Tn..lr
�
►�J�7'T�r�
�! '
IJfM Crarrrr Snee:
17�..R'1S4IiA,
a hotel tax
paid only by
hotel guests,
is the only
ballot item
that affects
tit tautly.
Dear Neighbor
is kteP Yvu .11Cr mrd andrfE Udas�rs A, +Whim alfeCV of lu[a-1Y• her°'
are Borne 14KAt we think ydu Should lsnuur Cr S"C"
ine Kingsbutg GLY eanxll "nanimokAN p$wod Mea>ure A. the %ingsbwg >Y
In+Pm°wmL.nl }manure. on our 4,,mber r- ballot-
tatasvte x i, a Iwtel taa, paid ONLY by ho+el guests'Pend ++rg hor+'eIn Icin s or prnPtrt'f ownrls
We H,( L,ed• tWtel ritlt9r5 pay this tax when lhrY , PeT the night In Isingihulg. andn only
mashes she cost 6t a hotel room by asmah amoan[ per nlgt+r.
rarasu re A mamalAs and Peeler' Kingsburg nlr services and allcm, us to keep yacewith
;r.rreasmj we iee drrnands- Was a� •ten nv 56'.
■ 1rr late past 55 year+. sbe Populatnzn dI Kingsbu•g
q rn tAal lime- lhr "umber u! r ,no cn.• 5 has doYblCd an0lne t+nnlbri t+t rill+ 1nr 1r^Ilct
++sise a"ter inerNsM lOrl'� shn19 s reechoes
■ pwr the Past 10 years.h'e S and tl a +I> "d At J?vglu a aad �an9 Ifo-1 out+ldc 51!e
Hxasr:se 0.15CIPF to fight y r c.srmcnity nrminq rnta ourof
"e'gnhO`ho`As• repa+r pashale+ arristimulare ec:lnomic
,seyoopmeol- Saclan•enso to
Measan n ploy ides to ndkog Sul Ioui+efvrCrS. and 5hC Monty CEO t taken by tligM inL hHling
halanLr ibe State badge[. lle3wle A me Ludes t,.j no e of v res. aoiilry P.
publrLlY s-imle- �nnua! audits oS city lunrh and expFMlrlGres. �teq%
aGdYPagel
W�tinr bs�1*ne .ul rw.uu �...�er +r.1 HeWcm.
w..dn:1_ asrr.+ur .r•wa,..�.,y,n:rJ mrwM
k.n�wia uanuei a curv+�rw