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HomeMy WebLinkAbout8.5 Agmt Envirocom Communi CTTY CLERK File # AGENDA STATEMENT CZTY COUNCIL MEETZNG DATE: April 6, 2004 SUBJECT: Agreement with Envirocom Communications Strategies for the provision of Communications Facilitator to Assist the City and the Dublin Housing Authority in Studying Potential Renovation/Redevelopment of Arroyo Vista Public Housing Complex. Report prepared by: Julia Abdala, Housing Specialist ATTACHMENTS: 1) Proposal provided by Envirocom Communications Strategies 2) Resolution Approving Agreement with Envirocom Communications Strategies 3) Budget Change Form RECOMMENDATION: 1) Adopt Resolution approving a Consulting Agreement with Envirocom Communications Strategies / 2) Authorize the City Manager to Execute a contract between Envirocom Communications Strategies and the City of Dublin 3) Approve a budget transfer amount of $7,000 from the Inclusionary Housing In-lieu Fee Fund for work under the contract during the remainder of 2003'2004. FINANCIAL STATEMENT: This contract is on an hourly basis at the rate of $125 per hour for the principal, $85 per hour for use of a Outreach Coordinator, if needed, and $55 per hour for an Administrative Assistant. Charges for the services will be funded through the Inclusionary Housing In- lieu Fee Fund. DESCRIPTION: On May 20, 2003, the City Council approved an~appropriation of $30,000 in funding to the Dublin Housing Authority to conduct a Planning/Financial Feasibility Analysis of renovating/redeveloping the Arroyo Vista complex. The Consultant is nearing completion of the Feasibility Study and it will soon be aval!able for review. On February 3, 2004 the City Council authorized City Staff to solicit proposals for a Consultant to provide communication/facilitation services in presenting the results of the study to the residents of the Arroyo Vista Public Housing complex. Staff and the Mayor did proceed to receive proposals and interviewed three (3) firms interested in providing the communication/facilitation services requested. Staff reviewed all qualifications and references of the firms and recommends that the City Council enter into an agreement with Envirocom Communications Strategies. References indicated that Ms. Grant COPIES TO: Consultants In House Distribution G:~-IOUSINGVkrroyo Vista RedevXArroyo Vista Consultant\CC Staff Report Contract. Envirocon A-V.doc ~ ~O-'k_ ITEM NO. ~ performed very well in capacities that were very similar in nature to what would be necessary in Arroyo Vista. RECOMMENDATION: It is Staff's recommendation that the City Council: 1) Adopt a Resolution approving a Consulting Agreement with Envirocom Communications Strategies; 2) authorize the City Manager to Execute a Contract between Envirocom Communications Strategies and the City of Dublin; and 3) approve a budget transfer amount of $7,000 from the Inclusionary Housing In-lieu Fee Fund for work under the contract during the remainder of 2003-2004. ' Sudene G. Grant, Principa~ ~ 13804 bancroft avenue I ~ ~;)~;) san leandro, ca 94578 ph: 510.352.7826 munications strategies fax: 510.357.6654 e-mail: sggrant @peoptepc.com January 7,200 Ms, Ophelia Basgal, Executive Director Housing Authority of Alameda County 22941 Athedon Avenue Hayward CA 94541 Dear Ms. Basgah I am sending the attached as at Statement of Qualifications for your consideration for work with the City of Dublin and the Housing Authority of Alameda County. As you know, currentlythrough my firm ENVlROCOM, I work as an independent consultant sPecializing in internal and external communications processes for profit and non-profit organizations. I 'have demonstrated success in developing communications strategies for housing, community development, .land use, transportation, and construction projects. Through my experience and education, I have developed a unique skill set and understanding of public policy, community relations and models of inclusion that have helped me to be successful in my endeavors. I see my work as.that of the proverbial bridge builder - establishing lines .of communications among parties and entities and using common language so that projects can move towards a common vision. My approach is to educate, edify and empower, so that communities are left in a more sustainable situation and can continue the dialogue and manifestation of the vision ultimately on their own. ENVIROOOM's services include strategic planning and implementation~ meeting facilitation, consensus building and conflict resolution, organizational analysis and development, public relations, program development, stakeholder analysis, community outreach and managing crisis communications. The organizations that have benefited from my professional services include non-profit and community groups, government agenci.es, elected officials, and local and national private-sector companies. Some of the my clients include the Association of Bay Area Governments, Caltrans, Bridge Housing, City of San Francisco, City of Oakland, City of East Palo Alto, Bay'Area Alliance for Sustainable Communities and A.C. Transit. Regarding my experience with housing development projects and land use, 1. have worked directly with residents, tenants, landlords, city officials, developers, architects and Planners. Some specific housing related projects that I have been involved.with include social service delivery programs as well as the planning'and building of SRO's to accommodating the homeless and disenfranchised in Oakland. I worked With a group of West Oakland residents and Acorn (public housing) tenants regarding the re-alignment of the Cypress Freeway. I have worked with project sponsors, community members and residents on projects to build new housing units such asOakland'.s Central Station, a . mixed-used development, and Mandela Gateway, a Hope VI project. I led the outreach effort to local jurisdictions for the Bay Area Alliance for Sustainable Communities Draft Compact and facilitated several meetings, interpreting and illustrating data related to housing, jobs, transportation and other socio-economic indicators and their inter-relatedness for ABAG's award-winning Smart Growth/Footprint Project. As you are aware, in addition to my professional activities, through my community involvement, I sit on the boards of San Leandro Senior Housing, Inc. (an ABHOW project), and the Housing Authority of Alameda County and also serve as a member of the San Leandro City Council. These.roles are separate.from my professional activities. I am very clear in my professional work as to my role and responsibilities with my clients. I have worked'as a consultant to several municipalities and they have been. well served by my endeavors. ] am confident that the attached Statement of Qualifications illustrates my expertise and demonstrates that you will receive the services needed for the successful facilitation, consensus building and strategic planning required to move your project forward. I appreciate the opportunity to highlight my qualifications and I look forward to discussing the project with you in more detail. Please call me at (510) 352-7826 if you have any questions. Sincp~rely, / A //./ S~rlene Grant /Y Principal CTTY CLERK Fil~ # ~]~ AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: April 6, 2004 SUBJECT: Agreement with Envirocom Communications Strategies for the provision of Communications Facilitator to Assist the City and the Dublin Housing Authority in Studying Potential Renovation/Redevelopment of Arroyo Vista Public Housing Complex. Report prepared by: Julia Abdala, Housing Specialist '~ Surlene G. Grant, Principa~ (~ 13804 bancroft avenue san teandro, ca 94578 ,~__~%~k~f ph: 510.352.7826 :mu n i cations strategies fax: 510,357.6654 e-mail: sggrant @ peoplepc,com STATEMENT OF QUALIFICATIONS SUBMITTED BY ENViP, OCONI Communications Strategies 13804 Bancroft Avenue .San Leandro, CA 94578 (510) 352-7826 - phone (510) 357-6654 - fax sggrant@envirocommunications.com Surlene G. Grant, Principal FIRM PROFILE AND AREA OF EXPERTISE ENVIROCOM is an communications, media and government relaUons consulting firm with an emphasis on developing successful strategies for commm~ity development, housing, construction, transportation, and site mitigation projects. Many of our projects involve consensus building, strategic planning and positioning. ENVIROCOM, a sole proprietorship, is a minority-owned and certified DBE and SBE. Surlene Grant, owner and principa. 1 consultant, established the firm in 1999. Ush~g creative and inclusive methodologies; ENVlROCOM seeks to establish a shared vision and assist organizations with securing their future. In the best situation, ENVIROCOM is there to facilkate 'the process among willing parties who wish to define and articulate comm°n goals and who desire successful accomphshment of those goals: However, in other situations, in which'the organizational systems have blocked success, or in which one or iuore of the parties involved really do not buy into the stated goals mhd may actually attempt to sabotage them, or situations in which parties are "stuck," ENViRO¢OM is there to facilitate a process and develop action plans to move organizations and individuals forward. BNVIROCOM is able to respond in these situations by supporting individuals and organizations through'encouraging dialogue, creating vision and in developing a better action-p!an strategy as well as implementing it. RELEVANT SERVICES EXPERIENCE WITH HOUSING AND GOVERNMENT AGENCIES The following is a partial list of clients for whom Ms. Grant has performed relevant services 'such as goal- setting, facilitation, conflict resolution, team building, and progrmu development and evaluation. TYPE AGENCY NAME , Government/G°vn't. related [ Caltran.q~ ABAG, Cities of San FranCisco, Oakland and East Palo Alt°- [Community Based Or~niTation / NCJO Mice Arts Center, Bridge Housing, Corp., Bay Area Urban League [ Private Sector Holliday Development, Ricondo Engineers [ Volunteer San Leand~o Senior Housing, Inc.: Alameda County Homing AuthoriW. APPROACH For this project, the consultant's expertise and fonnaI training in consensus building, facilitation, orgamzational development coupled with the knowledge and familiarity of affordable housing, public housing, Housing Choice Vouchers (Section 8), HUD requirements and development issues, as well as the machinations of local government, provide, a unique sldll set that will serve the purpose of this project. In addition, the consultant brings a professional ability to frame recommendations in the proper context from a public relations point of view. ENVIROCOM's principal consultant will create a quality experience for participants. The consukant is experienced in creating a "safe" environment in which ideas are fully explored and risks are minimized. The consultant is experienced' in employing techniques and tools to Solicit responses, generate ideas, encourage creativity, build consensus, encourage cooperation and develop action plans with measurable outcomes. When working with tenant's, sponsors and communities around issues of public housing, the consultant recognizes the need to educate and inform; edify through building a sense of commtmiw and negating stigmas and stereotypes; and to empower so that there is ownership of the process and progress can continue. Our approach is open andflexibte. ,The consultant is prepared to accommodate and respond to the diverse needs and schedules of staff, clients and residents. Our approach is collaborative. The consultant will work in conjunction with the project sponsor in designing a strategy. Our approach is inclusive. The consultant will, w°rk with the Executive Director, Board Commissioners, key staff, tenants and others as warranted through the process. .The basic understandiug of the project is to provide facilitation, conflict, resolution and consensus building for changes to a public housing development in the City of Dublin. Each~situation is different and the · consukant takes an individual approach to each project. However, for purpose of this SOQ, typical tasks that would be reconuuended are as follows: Project Launch / Kickoff- meeting(s) with the project sponsor tO define project objectives and 'outcomes, and project understanding. Planning- meeting audit, pre-implementation interviews. Implementation - facilitation, breakoUts, debriefing. Summary Report -written summary Of meeting(s); recommendations and next steps. Closure - final meeting(s), presentation to sponsoring authority (board): REPRESENTATIVE PROJECTS Exploring New Approaches and ideas Ms. Grant's responsibilities as Senior Project Manager with Caltrans' Cypress ·Freeway I Replacement Project included coordinating and facilitating meetings with Caltrans engineers, regional agencies, local elected officials¢ transportation planners, local community leaders and residents. During the early days of the project, the original planned alignment was on-line for construction and called for construction of an exit ramp to Filbert Street. This original ramp would terminate at the entrance to a public housing development. At one point, community members were so incensed at the decisions raade without their input that they threatened to shut down the project through civil disobedience. Ms. Grant spearheaded meetings and led discussions wh/ch led to the community members being heard by top Caltrans administrators. She successfully moved Caltrans staff, City officials and commtmity activists beyond the comfort of their own "territory" so that a dialogue could be established. As a resUlt, ~esh ideas were explored and beneficial, changes adopted. A testament to. her success with the commurlity and Caltrans was the construction of the Market Street off-ramp - the original plans were changed by Caltrans - to alleviate its direct impact on the housing development after the community's inpm. Learning to WOrk Together When the City of Oakland wanted to Change the long-established Alice Arts Center to a high-schoo1 for the performing arts, community based art groups were concerned for their future existence and location of studio and performance space. Ms. Grant worked with art Community leaders and city administrators to ~ develop a strategic plan which outlined methods in which the established organizations and the proposed school could co-exist and function, and provided steps for implementatior~ Working Across Organizationa! Boundaries The Oakland Housing AuthoritY sought to renovate and upgrade public housing mxits by developing a HOPE VI project at the site of Westwood Garderns. The project called for an additional pad of land to be acquired, relocation of adjacent businesses and relocation of hundreds of current residents to other housing developments, demolition and building of a new project - Mandeta Gateway. Working with the Bridge Housing, Corp., the project developer/parmer, Surlene Grant assisted in the negotiations of land acquisition from Caltrans; meeting facilitation, public oUtreach and community relations with existing Westw°od Gardens tenants so that they understood the pending project and their options. She worked with tenants, the resident council, OHA staff and project team members.. As a result of her contribution to the team, the acceptance of the project by the tenants was relatively easily achieved. The project is currently under construction. ROLES AND RESPONSIBILITIES ! STAFFING RESOURCES Surlene Grant will be the primary consultant on this' project and the day-to-day contact. Ms. Grant will work closely and collaboratively with the lead project liaison and other representatives as appropriate. Ms. Grant's knoWledge of housing, municipal government and related agencies, will ensure that the client receives premium service and full coverage for whatever needs may arise. · Recognizing the increased demands that could possibly result from a project of this type and the possibility for simultaneous meetings, the need to staff breakout groups or assistance in meetings with audiences of 100 or more, ENVIROCOM has a reliable team of experienced subconsultants and "resource parmers, "to work "on- call" for this project as conditions warrant. These partners would be introduced to the project sponsor prior to conducting any work on the project and include professionals such as facilitators, meeting recorders, language translators and graphic artists. PROFESSIONAL QUALIFICATIONS -- SURLENE GRANT Surlene Grant is experienced with implementing and managing communications activities including public involvement and outreach, strategic planning and conflict resolution m private, government and non- profit sectors. Ms. Grant has planned, facilitated and guided several workshops, public meetings, focus groups, dialogue sessions and study circles - ranging in size from 4 to 200. Ms. Grant's niche is with public involvement for communiw'development and land use projects in ethnically, economically and socially diverse commtmities. She works with'commrmity activists, corporate board members, elected and appointed officials, union leaders, business owners, local residents and others. Ms. Grant is knowledgeable and experienced with working with regulators and government agenc/es at local, state and federal levels including U.S. Department of Housing and Urban Development. Her list of clients and "ultimate clients" include Caltrans, State Department of Toxic Control Substances, U.S. Environmental Protection Agency, Metropolitan Transportation Commission, Oakland Housing Author/ty, Cities of Oakland, East Palo Alto, and San Francisco; Association of Bay Area Governments, Amtrak and others. Ms. Grant's projects related to housing development include Oakland's Central Station, a mixed-used development, and Mandela Gateway Hope VI. Development. She developed the strategy for the public outreach program to municipalities for the nine-county Bay Area Alliance for Sustainable Communities Draft Compact. The document focused on sustainable practices in 10 program areas including housing, jobs and transportation. Ms. Grant also served on the award-winning consulting team for ABAG's Smart Growth/Footprint Project in which she facilitated key visioning sessions and public meetings in five Bay Area counties. In addition to her consulting endeavors., Ms. Grant is a member of the San Leandro City Council, a commissioner for the Housing Authority of Alameda County, and a Board Member (Secretary) for San Leandro Senior Housing, Inc. (an ABHOW project). Ms. Grant has a B.S. in Journalism from Northwestern University, Evanston, IL and a M,A. in Management from John F. Kennedy University, Orinda, CA. EXPENSES t INVOICING I FEE STRUCTURE Fees are inclUsive of all reasonable expenses. Travel time, mileage, phone calls, postage, nominal printing and duplicating costs, and meeting supplies Such as flip charts, tape, etc. will be covered by the consukant. Travel costs for travel outside of the nine-Bay Area counties will be billed at costs to the project sponsor. Large scale p~tting and duplicating costs (exceeding $50), cost of refreshments, contracting of language translators, room rentals, and audio-visual equipment wilt be the responsibility of the sponsoring agency. Should any of these items be required of the consultant, the consultant will. bill the item(s) at cost to the client. Such expenditures would receive prior approval in writing prior to purchase. Invoices will be submitted with progress reports on a monthly basis with a 15-day payment cycle. Rates are applied on a per-hour basis. The services of an administrative assistant are negotiable and or determined by the final scope of work: Rates: Principal Consultant $125 /hour Administrative Asst. $ 55/hour REFERENCES CarolGalante Mr. Stephen Williams Bridge Housing Public Affairs One Hawthorne Street, Suite 400 Caltrans San Francisco, CA 94105 111 Grand Avenue (415) 989-1111 Oakland, CA 94621 Project: Nlandela Gateway (510) 286-7399 Project: Cypress Freeway Replacement Project Gerry Raycraft Mosi Mays Mirembe Planning Director Creative Business Services AB~G 10935 Ettrick Street 101 82 Street Oakland, CA 94603 Oakland, CA 94607 (510) 562-8003 (510) 464-7900 Project: Alice Arts Center Project: Smart Growth/l*ootprint Project and Bay Area Alliance for Susatainable l)evelopment CONFIDENTIALITY ENVIROCOM holds all client interactions and written documents in the strictest of confidence. We wi}l not release any information without the expressed written consent of the client. We ask for this same level of confidentiality from the client. resume SURLENE (~. GRANT 13804 Bancroft Avenue, San Leandro, CA. 94578 (510) 352-7826 emaii: sggrant~envirocommunicafions.com EXPERIENCE REPRESENTATIVE PROJECTS · Independent cOnsulting in public relations, media Building Sustainable Communities relations and government relations for the private, public Directed government relations activities and non-profit sectors. Work for current clients fficludes with local officials for the Bay. Area! public involvement and outreach, strategy development, Alliance for Sustainable Development's public affairs, agency coordination, crisis D~aft Compact. As a result, 85% of locat communications and special promotions, elected officials in nine Bay Area counties voiced some level of support. · Directed, managed and advised agency m~d program ABAG "Footprint Projeet" stmCf, and volunteers. Advisor to executive staff, elected Facilitated several day-long planning officials and boards o£directors regarding policy workshops for ABAG's jobs / housing decisions, implementation and community relations, balance study. SpOkesperson for officials and agency directors. Central Station - Mixed Use Development Government affairs, negotiations and · Management and development of press conferences, public relations to assist local developer media events, special events, volunteer recruitment, with land acquisition for 22-acre project in membership drives, fundraisers, conferences and West Oakland. workshops: Content development, writing, editing, design and production of annual reports, newsletters, brochures, Cypress Freeway Replacement Project press releases and other collateral materials. Delivered within time m~d budget, a five-year, $1.2 million public relations and · Meeting Facilitation and Workshop Presentations. public affairs program for the rebuilding of vital transportation link. EMPLOYMENT 9/99 to present: Principal, ENVtROCOM, San Leandro, CA 8/98 to present: City Council Member, City of San Leandro, CA. 11/94 to 9/99: Senior Project Manager, Public Affairs Management, San Francisco 11/87-11/94 Public Information Officer, City of Oakland, CA t 1/85-11/87 CaliforniaState Legislature, Sacramento, CA Legislative Aide, State Senate ('85-'86) Assistant Press Secretary, Office'of Assembly Speaker ('86-'87) 6/83-t0/85 Coordinator, Communications and Public Affairs, Bay Area Urban League, Inc. Oakland, CA 10/81-6/83 Director, Multicultural Programs, Mid-Peninsula YWCA, Paio Alto, CA EDUCATION Jolm F. Kennedy University, Orinda, CA School of Management, M.A. in Management Northwestern University, Medill School Of Journalism, Evanston, Illinois BSJ, Medill School of Journalism Northwestern University / University of Nairobi Nalrobi, Kenya Field Study, California State University, Sacrmnento California State Senate Fellowship PROFESSIONAL DEVELOPMENT FEMA/National'Emergency Training Center, Emmitsburg, MD Emergency Management Institute; Emergencs' Public Information; Advance Emergency Public Information California Specialized Training Institute, San Luis Obispo, CA Crisis Communications .and the Media Stanford University Communications Workshops, Stanford, CA In house Ptibticafions, Effective Public Relations; Writing Promotional Copy PROJECT AWARDS Congress for a New Urbanism "Charter Award" (Bay Area Regional Smart Growth Project) Project of the Year, TRANNY Award (Cypress Freeway) EBMUD Water Miser Award (City of Oakland) SKILLS Various Macintosh and PC software applications; graphics and photography. Functional ability with Spanish. AFFILIATIONS Commissioner, Alameda CounW Housing Authority Board Member (Secretary), San Leandro Senior Housing, Inc. (ABHOW' Board Member, Martin Luther IGng Freedom Center Board Member, Black Women Organized for Political Action Bay Area Black Journalists-Association (former Board member) National Forum of Black Public Achninistrat0rs San Leandro Historical Society San Leandro Friends of the Creek Women's Economic Agenda Project (former Board member) Public Relations Society of America, East Bay (former Board member) PRESENTATIONS (partial listing) American Pl.a~ning Association - Black Planners Leadership Roundtabte (8/03) League of Women Voters' - Smart Growth Forum (9/02) Elected Official Redevelopment. Conference - "grinning Suploortfor Your Projects Under~tanding a~,d Responding to Redevelopment Politics and Pohcymakin~, (7/00) AssociatiOn of Environmental Planners - Environmental Justice NFBPA Forum '99 - PuttmgEnwronmental~Tustice~ntoLocalDectstonMaking housing - 1/04 RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND ENVIROCOM COMMUNICATIONS STRATEGIES TO PROVIDE COMMUNICATION/FACILITATION SERVICES FOR THE ARROYO VISTA PUBLIC HOUSING COMPLEX RESIDENTS WHEREAS, on May 20, 2003, the City Council approved an appropriation of $30,000 in funding from the City's Inclusionary Housing In-lieu Fee Fund to thc Dublin Housing Authority in order to conduct an analysis of the feasibility of renovating/redeveloping the Arroyo Vista Public Housing Complex; and WHEREAS, the feasibility analysis is nearing completion and will soon be available for review; and WHEREAS, On February 3, 2004 the City Council authorized the City Staffto solicit proposals for a Consultant to provide communication/facilitation services for thc Arroyo Vista Public Housing Complex including to present the results of the feasibility study to the residents of Arroyo Vista; and WHEREAS, the City Staff has received four proposals to provide communication/facilitation services; and WHEREAS, a determination was made to enter into a contract with one of the solicited firms, Envirocom Communications Strategics; and WHEREAS, the City Council has been presented with an agreement entitled Consulting Services Agreement Between the City of Dublin and Envirocom Communications Strategies; and WHEREAS, the City Council is familiar with the terms of the agreement; and WHEREAS, the City Council has authorized the City Manager to enter into said agreement. NOW, THEREFORE BE IT RESOLVED, that the City Council: 1. Approves the Consulting Services Agreement Between the City of Dublin and Envirocom Communications Strategies, directs and authorizes thc City Manager to execute the Agreement attached as Exhibit A to this Resolution 2. Approves a Budget Change Form allocating $7,000 from the Inclusionary Housing In Lieu Fee Fund to provide funds for this contract for 2003-2004 fiscal year. PASSED, APPROVED AND ADOPTED this 6th day of April 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:bkrroyo Vista ConsultantXReso. Consultant Envirocom. DOC ATTACHMENT 2 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ENVlROCOM COMMUNICATIONS STRATEGIES THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Envirocom Communications Strategies ("Consultant") as of April 6, 2004. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner Specified therein. In the event of a confliCt in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end when all agreed upon work is completed. Consultant shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in ConsUltant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 1 of 13,. ~.~ EXHIBIT ATTACHMENT,Z, Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 This subsection intentionally left blank. 2.5 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 2 of 13 In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.6 Hourly Fees. Fees for work performed by Principal Consultant shall be paid at: $125/hour Outreach Coordinator $ 85/hour Administrative Assistant: $ 55/hour 2.7' Reimbursable Expenses. Reimbursable expenses are specified below and shall be agreed to, in writing, prior to incurring expenditures. Expenses not listed below are not chargeable to City. · Travel cost for travel outside of nine-Bay Area counties · Large scale printing and duplication costs (exceeding $50) · Cost of refreshments · Language translators · Room rentals · Audio visual equipment 2.8 Payment of Taxes. Consultant is solely responsible for the payment of employment [axes incurred under this Agreement and any similar federal or state taxes. 2.9 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.10 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 3 of 13 Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Commercial General and Automobile Liability Insurance. 4.1.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form 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. Such coverage shall include but shall not be limited to, protection against claims adsing from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.1.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.1.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 4 of 13 operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary' insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Professional Liability Insurancel Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licenSed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000). 4.2.'1Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.2.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.2.3 The policy must contain a cross liability or severability of interest clause. 4.2.4The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 5 of 13 b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4,3 All Policies Requirements. 4.3.1Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.3.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies orshall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.3.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.3.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles befOre beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in Consulting Services Agreement between Apdl 6, 2004 City of Dublin and Envirocom Communications Strategies Page 6 of 13 deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.3.6 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, un Iii Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. ~ Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 7 of 13 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. · 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar, as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 8 of 13 employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by ConsUltant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. :::, ~ :: Consultant may cancel this Agreement upon thirty (30)days' wdtten notice to City and .. '~.-shall include in such notice the reasons for cancellation. . In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a wdting signed by all the parties. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 9 of 13 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates perSonal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any Other work product prepared by Consultant Pursuant to this Agreement; 8.6.3Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared purSuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and Will not be released to third parties without prior written consent of both parties. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 10 of 13 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.'2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Califomia in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of corn petent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the prowsions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach, The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Ag reement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 11 of 13 10.7 Conflict of Interest, Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. NO officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the Community Development Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Envirocom Communications Strategies Surlene G. Grant, Principal 13804 Bancroft Avenue San Leandro, CA 94578 Any written notice to City shall be sent to: City of Dublin Attention: Community Development Director 100 Civic Plaza Dublin, CA 94568 Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 12 of 13 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN ENVIROCOM Communications Strategies Janet Lockhart, Mayor Surlene Grant, Principal Attest: Kay Keck, City Clerk Approved as to Form: City Attorney's Office J:\wpd\FORMS~AGRE~standard consultant services agreement-2001.doc Consulting Services Agreement between April 6, 2004 City of Dublin and Envirocom Communications Strategies Page 13 of 13 EXHIBIT A SCOPE OF SERVICES To provide communication services in relation to possible renovation/redevelopment for the Arroyo Vista Public Housing Project residents including the following: 1 Communication 'facilitation and education strategies a. to plan, deVelop, attend, and record'meetings with residents of Arroyo Vista b. attend meetings with Housing Authority and City Staff to establish goals and provide information on resident concerns and issues c. plan, develop, attend and record meetings with adjacent neighborhood residents as required d. plan, develop, attend and record meetings with other project stakeholders as identified 2 COnsensus building as required a. to plan, develop, attend and record meetings with residents of Arroyo Vista for purposes of developing consensus between residents and Housing Authority b. attend meetings with Housing Authority and City Staff to assist in establishing goals and provide guidance on methods to build consensus c. plan, develop, attend and record meetings with adjacent neighborhood residents as required d. plan, develop, attend and record meetings with other project stakeholders as identified 3 Arroyo Vista publiC housing resident Council liaison a. attend Resident Council meetings as required b. maintain contact between Resident Council members on ongoing basis for duration of project 4 Assistance in communication with Residents on possible development issues a. assist Housing Authority and City Staff in explaining and educating all stakeholders on development potential and possibilities at Arroyo Vista b. provide availability for questions, mechanisms to respond to questions and mechanism to provide all written and verbal correspondence to Housing Authority and City Staff as required J:\wpd~FORMS~AGRE~standard consultant services agreement-2001.doc Consulting Services Agreement between ' April 6, 2004 City of Dublin and Envirocom Communications Strategies-Exhibit A Page 1 of 1 CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # 1 New Appropriations (City Council Approval Required): Budget Transfers: __X__ From Unappropriated Reserves (Fund 380) From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity From New Revenues Between Departments (City Council Approval Required) Other Name: Name: Housing In Lieu Fees - Contract ' $ 7,000 Services Account #: Account #: 380.50500.740.000 Name: Name: Account #: Account #: Name: Name:. Account #: Account #: Name: Name: Account #: Account #: Name: Name: Account #: Account #: Fin Mgr/ASD: ~ ~ ~ Date: Signature REASON FOR BUDGET CHANGE ENTRY: To fund a contract with consultant for Arroyo Vista Public Housing Complex Residents regarding. Redevelopment Communication efforts for 2003-2004 City Manager: f ,,]~"~'-~-OO~ ~ ~ Date: ~/3~/~--/' Signature 'Mayor: Date: Signat~e Posted By: Date: Signa~e AUACHMENT 3