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HomeMy WebLinkAboutC-3825 - General Plan Update Public Information Programi a PROFESSIONAL SERVICES AGREEMENT WITH M4 STRATEGIES THIS AGREEMENT is made and entered into as of this �h,.'"day of January, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and M4 Strategies, a limited liability corporation whose address is 2222 Michelson, Suite 433, Irvine, CA 92612 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to adopt an updated General Plan C. City desires to engage Consultant to prepare and distribute information regarding the General Plan update ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Chris St. Hilaire. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services, under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the aOday of January, 2006, and shall terminate on the 30th day of November, 2006, unless terminated earlier as set forth herein. A 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached as Exhibit "A" and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not4o- exceed basis in accordance with the provisions of this Section. In no event shall Consultant's compensation exceed Five Hundred Eight Thousand Dollars ($508,000) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. 2 S 0 0 C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means 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 and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Chris St. Hilaire to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without.the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. Sharon Wood shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. T. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 9 • • B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that . it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall; at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any work performed or 4 • 0 services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant. as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to.policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 5 F_ -I u 13. PROGRESS 0 Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B, Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 6 R • i 2. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Consultant shall maintain automobile insurance 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 one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be. suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. 7 0 0 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. H. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other parry. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written 1� 0 0 authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with 'respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. k" 0 0 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3222 Fax 644 -3020 10 0 0 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Chris St. Hilaire M4 Strategies 2222 Michelson Suite 433 Irvine, CA 92612 (714) 754 -1234 Fax 754 -1244 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not . cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this, . Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11 a 0 28. WAIVER 0 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The. laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color,.national origin, handicap, ancestry, sex or age. 12 b • • IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CA Robin C auson, City Attorney for the City of Newport Beach ATTEST: B l' % . 4a" LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Cx Donald Webb, Mayor for the City of Newport Beach CONSULTANT I VAMP, Attachments: Exhibit A — Scope of Services 13 0 STRATEGIES— PROPOSAL FOR SERVICES Date: 01/03/2006 To: Homer Bludau, City Manager From: Chris St. Hilaire Re: General Plan Public Information and Input INTRODUCTION Thank you for asking us to submit a proposal to continue with the City's effort to involve Newport Beach residents in the ongoing General Plan Update process. We have worked with the City of Newport Beach on two previous public information programs — one related to the John Wayne Airport Settlement Agreement Extension and the other concerning the City's efforts to ensure a safe and enjoyable July 4'h in West Newport. We have also developed and implemented public information programs for other public agencies as well as the private sector and that information is submitted in the form of an attachment to this proposal. You have provided us with a brief history of the current General Plan Update process. This process began in 2002 and GPAC- the thirty -eight resident committee primarily responsible for a General Plan consistent with the vision expressed by Newport Beach residents in a wide - ranging survey and at numerous public outreach meetings — has spent more than 4000 hours reviewing reports and crafting amendments. This Herculean effort has spawned extensive reports on the traffic and community benefits of various land use alternatives. 'These reports have enabled GPAC, many of whose members are residents with limited planning and environmental experience, to make informed recommendations and decisions on a plan that represents the vision of Newport Beach over the next 20 years that was expressed by majority of residents in the public survey and 'outreach programs. 2222 Michelson, Suite 433 Irvine, California 92612 t { 714 1754.1234 f / 714 1754.1244 www.m4strategies.com 0 While all of the informatioRs available.to the public, the length of theirocess and the sheer volume of material prepared to date make it difficult for anyone other than those directly involved in the process to fully understand what is being proposed. We see our task, as we have briefly discussed to inform the public of key aspects of the proposed amendments and seek additional public input. We also would propose to tell the public about upcoming meetings of GPAC, the Planning Commission and the City Council and how they can participate by attending the meetings and commenting on the Environmental Impact Report currently being prepared. The average person receives more than 5,000 requests for their attention daily so it will be important to provide the public with information that is of interest to them. The residents of Newport Beach will want to know how the General Plan Update impacts their community, their streets and their daily lives. This information needs to be communicated simply and honestly — through a direct mail program that explains what is being done, who is doing it and what it means to them. PUBLIC INFORMATION PROGRAM - ELEMENTS We recommend a three -part public information program that will enable residents to easily learn the basics of the General Plan Update and to obtain more detailed information if they want to learn more. MAIL PROGRAM The proposed mail program will utilize a number of formats and looks to maximize potential readership. We may change formats from piece to piece although consistent presentations may help residents identify the source and content of the letter. The preliminary mail program schedule is as follows: Month Universe Budget Format /Messages January 47,000 $23,500 Newsletter /Look who supports February 47,000 $20,000 Letter /Community benefits March 47,000 $23,500 Newsletter /TBD April 47,000 $23,500 Newsletter /TBD May 47,000 $20,000 Letter /TBD June 47,000 $23,500 Newsletter /TBD June 47,000 $25,000 Brochure /'IBD July 47,000 $23,500 Newsletter /TBD July 47,000 $20,000 Letter /TBD August 47,000 $23,500 Newsletter /TBD August 47,000 $25,000 Brochure /TBD September 47,000 $23,500 Newsletter/1-15D October 47,000 $23,500 Newsletter /TBD Totak $298,000, www.m4strategics.com 1� GENERAL PLAN WEB *E UPGRADE 0 Given that there will be a percentage of approximately 10 -15% of the public who will want additional information, we recommend an upgrade of the City's Internet site relative to the General Plan Update. The current site does provide all of the information generated to date but requires substantial effort to sort through all of the material to identify key elements of the proposed General Plan. The site should be modified so that users can quickly see a summary of the key provisions and a biography of those who participated in the development of the amendment. This summary should, in turn, help guide the reader to those reports and documents that meet his or her specific needs and /or interests. GENERAL PLAN USERS GUIDE As an adjunct to the internet site content, we ate proposing to assemble a General Plan Update information packet. The packet will contain information on specific components of the plan, GPAC members who helped prepare the plan and describe the process of plan development that made -up the drafting committee and specific components of the drafting process. BUDGET The budget for our services is listed below. All contract retainers are cancelable by either party with 30 days written notice. Item Monthly Data Review /Analysis $10,000 Design /Content $ 10,000 Mad See Above Miscellaneous Costs $ $1,000 Totak TIMELINE • Completion of Agreement January • Mail Program January- October Total (10 Month) $100,000 $100,000 $298,000 $ 10,000 $508,000' Please call us at 714.754.1234 to discuss this proposal or any other item. Thank you for the opportunity to work with you. • www.m4strategics.com 3 op a CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C3? /loo y00kA (2_5Sa5 Agenda Item No. 22 January 24, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY 10 NEw�oar sA FROM: Homer Bludau, City Manager JAN a 5 644 -3000, hbludau@city.newport-beach.ca.us rr SUBJECT: Budget Amendment and Professional Services Agreement with Strategies for a General Plan Update Public Information Program ISSUE: The General Plan update has been a long and detailed process with a great deal of information that residents need to understand so they have the greatest opportunity to participate in the process before the plan is adopted.. Should the City retain M4 Strategies to prepare and distribute information about the General Plan Update to Newport. Beach residents? RECOMMENDATIONS: 1: Approve a budget amendment transferring $508,000 from unappropriated general fund reserve to the City Manager's professional and technical services account, 0310 -8080. 2.. Approve the attached, professional services agreement with M4 Strategies and authorize the Mayor and City Clerk to execute ft. DISCUSSION:. The City Council initiated the comprehensive update of the City's General Plan in 2000. The City Council's decision recognized that the General Plan,. which is the City's blueprint for. the future, 'had not been updated since 1988 and had not undergone a thorough review since its adoption in the early 1970's. The General. Plan Update has involved an unprecedented amount of public participation and public input. The General Plan Advisory Committee (GPAC) - a group of 38 residents representing every geographic area, a variety of community interests and virtually every point of view - has been at the core of the process and spent thousands of hours reviewing public input and technical information and evaluating, approximately. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means 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 and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Chris St. Hilaire to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not.be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the City Manager's Office. Sharon Wood shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. U 3 B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 . Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or 4 services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with P� Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 5 Lo UL s�l 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements, 1. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City_ A 2. General Liability Coveraqe. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars !t� ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverag e. Consultant shall maintain automobile insurance 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 one million dollars ($1,000,000) combined single limit for each occurrence. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. 7 NNW 4.. G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. H. 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without speck written Ef authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend, and indemnify City, its agents, officers, representatives and employees gainst liability, including costs, for infringement of any United States' letters patent, trademarks or copyrigpt infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. E 0 U i 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Sharon Wood Assistant City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3222 Fax 644 -3020 Its, 26. 27. All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: '- Chris St. Hilaire M4 Strategies 2222 Michelson Suite 433 Irvine, CA 92612 (714) 754 -1234 Fax 754 -1244 TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11 0 i 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 12 ,r. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson, City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Donald Webb, Mayor for the City of Newport Beach CONSULTANT By: By: LaVonne Harkless City Clerk Attachments: Exhibit A — Scope of Services 13 U LE \. ,.'k PROPOSAL FOR SERVICES Date: 01/03/2006 To: Homer Bludau, City Manager From: Chris St. Hilaire Re: General Plan Public Information and Input MQ STRATEGIES" (lip INTRODUCTION Thank you for asking us to submit a proposal to continue with the City's effort to involve Newport Beach residents in the ongoing General Plan Update process. We have worked with the City of Newport Beach on two previous public information programs — one related to the John Wayne Airport Settlement Agreement Extension and the other concerning the City's efforts to ensure a safe and enjoyable July 0 in West Newport. We have also developed and implemented public information programs for other public agencies as well as the private sector and that information is submitted in the form of an attachment to this proposal. You have provided us with a brief history of the current General Plan Update process. This process began in 2002 and GPAC- the thirty-eight resident committee primarily responsible fora General Plan consistent with the vision expressed by Newport Beach residents in a wide- ranging survey and at numerous public outreach meetings — has spent more t11an 4000 hours reviewing reports and crafting amendments. This Herculean effort has spawned extensive reports on the traffic and community benefits of various land use alternatives. These reports have enabled GPAC, many of whose members are residents with limited planning and environmental experience, to make informed recommendations and decisions on a plan that represents the vision of Newport Beach over the next 20 years that was expressed by majority of residents in the public survey and outreach programs. 2222 Michelson, Suite 433 t ( 714 1754.1234 .Irvine, California 92612 f / 714 1 754.1244 www.n14strategies.com 1 \pile all of the informam 6railable to the public, the length of p • cess and the sheer volume of material prepared to date i nr e it difficult for anyone other than tho<< directly involved in the process to fully understand what is being proposed. We see our task, as we have briefly discussed to inform the public of key aspects of the proposed amendments and seek additional public input. We also would propose to tell the public about upcorning meetings of GPAC, the Planning Commission and the City Council and how `,,,� they can participate by attending the meetings and commenting on the Environmental Impact Report currently being prepared. The average person receives more than 5,000 requests for their attention daily so it will be important to provide the public with information that is of interest to them. The residents of Newport Beach will want to know how the General Plan Update impacts their community, their streets and their daily lives_ This information needs to be communicated simply and honestly — through a direct mail program that explains what is being done, who is doing it and what it means to them. PUBLIC INFORMATION PROGRAM - ELEMENTS We recommend a three -part public information program that will enable residents to easily learn the basics of the General Plan Update and to obtain more detailed information if they want to learn more. MAIL PROGRAM The proposed mail program will utilize a number of formats and looks to maximize potential readership. We may change formats from piece to piece although consistent presentations may help residents identify the source and content of the letter. 'I7ie preliminary mail program schedule is as follows: blon[h Unizwm Budget format /Meraager January 47,000 $23,500 Newsletter /Look who supports February 47,000 $20,000 Letter /Community benefits March 47,000 $23,500 Newsletter /TBD April 47,000 $23,500 Newsletter / fBD May 47,000 $20,000 Letter /TBD June 47,000 $23,500 Newsletter /TBD June 47,000 $25,000 Brochure /TBD July 47,000 $23,500 Newsletter /TBD July 47,000 $20,000 Letter /TBD .August 47,000 $23,500 Newsletter /TBD August 47,000 $25,000 Brochure /TBD September 47,000 $23,500 Newsletter /li3D October 47,000 $23,500 Newsletter /TBD Total- $298,000 O ® wwtv.m4strategies.cum 1p Li GENERAL PLAN WEB • UPGRADE Given that there will be a percentage of approximately 10 -15% of the public who will want additional information, we recommend an upgrade of the City's Internet site relative to the General Plan Update. The current site does provide all of the information generated to date but requires substantial effort to sort through all of the material to identify key elements of the proposed General Plan. The site should be modified so that users can quickly see a summary of the key provisions and a biography of those who participated in the development of the amendment. This summary should, in turn, help guide the reader to those reports and documents that meet his or her specific needs and /or interests. GENERAL PLAN USERS GUIDE As an adjunct to the intemet site content, we are proposing to assemble a General Plan Update information packet.'Ihe packet will contain information on specific components of the plan, GPAC members who helped prepare the plan and describe the process of plan development that made -up the drafting committee and specific components of the drafting process. BUDGET The budget for our services is listed below. All contract retainers are cancelable by either parry with 30 days written notice. Item Monthly Data Review /Analysis $10,000 Dcsign /Content $ 10,000 Mail See Above Miscellaneous Costs $ $1,000 Toml.� TIMELINE • Completion of Agreement January • Mail Program January - October Total (10 Month) $100,000 $100,000 $298,000 $10,000 rs09,000 Please call us at 714.754.1234 to discuss this proposal or any other item. Thank you for the opportunity to work with you. U R . www.m4strategics.com o. of Newport Beach NO. BA- 06BA -037 BUDGET AMENDMENT This budget amendment is requested to provide for the following: AMOUNT: $5os,000.ao . AIncrease in Budgetary Fund Balance* X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the unappropriated fund balance in the General Fund to provide a public information program related to the General Plan Update ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) 2005 -06 EFFECT ON BUDGETARY FUND BALANCE: Number Increase Revenue Estimates Account Increase Expenditure Appropriations AND 8080 Services, Professional & Technical Transfer Budget Appropriations SOURCE: Account from existing budget appropriations HX from additional estimated revenues Number from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $5os,000.ao . AIncrease in Budgetary Fund Balance* X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the unappropriated fund balance in the General Fund to provide a public information program related to the General Plan Update ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit rrc I $508,000.00 Automatic System Entry. Signed:iJf� Financial Approval: AdminisI ttve Services Director Date Signed: -4o D Administrative val: City Manager Da Signed: City Council Approval: City Clerk Date Description Division Number 0310 City Manager Account Number 8080 Services, Professional & Technical Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit rrc I $508,000.00 Automatic System Entry. Signed:iJf� Financial Approval: AdminisI ttve Services Director Date Signed: -4o D Administrative val: City Manager Da Signed: City Council Approval: City Clerk Date 0 GREENLIGHT PO Box 3362 Newport Beach, CA 92659 (949) 721 -1272 Mayor Don Webb and Members of the Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Webb and Members of the City Council: • "RECEIVED AFTER AGEND PRINTED." -022 January 24, 2006 This is to oppose the passage of Agenda item 422 "22.BUDGET AMENDMENT AND PROFESSIONAL SERVICES AGREEMENT WITH M4 STRATEGIES FOR A GENERAL PLAN UPDATE PUBLIC INFORMATION PROGRAM on the Agenda for the Jan. 24, 2006 city council meeting. Agenda Item #22 proposes a shifting of funds to the city manager's account for use in awarding a $508,000 contract to M4 Strategies. The contract calls for ten mailings of information about the General Plan update plus developing a General Plan Users Guide and enhancing the General Plan web site among other tasks. The M4 web site states that they are a political campaign organization that has represented clients in municipal, statewide and national election campaigns. Some of the statements of services they provide as copied verbatim from their web site are: "We provide clients with the expertise critical to shaping high profile debates and influencing public policy. " "We have... advised Fortune 500 companies on how to shape public opinions. " "We provide aggressive and comprehensive political consulting services, helping organizations and initiative campaigns define and prepare for victory. " I believe that is an unwarranted use of our tax dollars and a ploy to hire a political lobbying group to use political tactics to "sell" the community on a General Plan Update as opposed to merely disseminating information. The "problem" with the electorate the city is trying to overcome is the fact that the General Plan Update is the exact opposite of the residents expressed wishes for the city as documented in the report on the Visioning Festival Poll. The staff should be conducting public hearings and mailings themselves in order to inform the residents and the $508,000 allocated to needed street repairs and other projects that will benefit the residents. A campaign to Another concern is that this is close to the last item on the Council Agenda. We have noticed that public hearings that are required by law but cover subjects that the city apparently does not want widely publicized are scheduled near the end of council meetings. At this late hour, the TV viewing audience is probably lower than at the early portions of a council meeting. I believe that this questionable use of our tax dollars deserves full disclosure to the taxpayers at an hour that can attract maximum viewers. Thank you, Philip Arst CC: Greenlight Steering Committee; Jeff Overley CC Register Spokesperson S.J. Cahn Daily Pilot; The Editor LA Times OC; FPPC