The URL can be used to link to this page

Home My WebLink About4.15 Amend Agreement with the Lew Edwards Groupor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL April 19, 2016 Honorable Mayor and City Councilmembers CITY CLERK File #600 -30 Christopher L. Foss, City Manager �?14 " Consideration of an Amendment to the Agreement with the Lew Edwards Group for Strategic Consulting Services Prepared by Colleen Tribby, Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider approving an amendment to the consulting services agreement between the City of Dublin and The Lew Edwards Group. FINANCIAL IMPACT: Sufficient funding is available in the Fiscal Year 2015 -16 budget to cover the additional costs associated with the contract amendment. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving an Amendment to the Agreement with the Lew Edwards Group for Strategic Consulting Services. `Reviewed By Assistant City Manager DESCRIPTION: Earlier this year, the City engaged The Lew Edwards Group to provide ongoing strategic and community engagement consulting services related to a potential 2016 ballot measure. The current term of the agreement is from November 1, 2015 to October 31, 2016, with a fee of $3,500 per month, or $42,000 total (Attachment 1). Staff is seeking to amend the agreement to include other associated costs, such as work related to opinion research, polling, printing, and direct mail production, which are outside the current agreement scope and fee. These additional services have been estimated at $85,000, increasing the total agreement fee to $127,000. Page 1 of 2 ITEM NO. 4.15 Staff recommends that the City Council adopt the resolution (Attachment 2) approving a consulting services agreement with The Lew Edwards Group. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Agreement for Strategic Consulting Services 2. Resolution Approving an Amendment to the Agreement with the Lew Edwards Group for Strategic Consulting Services, and Exhibit A: Amendment to the Agreement with the Lew Edwards Group for Strategic Consulting Services Page 2 of 2 AGREEMENT FOR STRATEGIC CONSULTING SERVICES ATTACHMENT 1 This Agreement is made between The Lew Edwards Group, a California Corporation ( "Consultant "), and the City of Dublin ( "Client "). The parties agree as follows: 1. Services to be Performed. Consultant shall provide ongoing strategic, communications, and community engagement consulting services related to the City's potential 2016 ballot measure preparation for the term of this Agreement. Associated project costs that may be desired by the City (such as opinion research polling, printing, or direct mail production) shall be budgeted for separately by the City and be in addition to professiona4 consulting fees called for in this Agreement. The term and scope of services of this Agreement shall commence effective November 1st, 2015 through October 31, 2016. The parties may mutually agree to terminate at any time with two (2) weeks notice to the other. The parties expressly agree that legal advice is not within Consultant's scope of services. If producing direct mail products for the City, Consultant shall facilitate delivery to the US Postal Service consistent with a timeline agreed upon by the parties, but can only monitor and not be responsible for delivery once products are within the possession and control of LISPS. 2. Professional Fees. Consultant's fee for its services shall be Three 'Thousand, Five Hundred Dollars ($3,500) per month due and payable by close of business on the last business day of each month commencing November 28, 2015 and ending on October 31, 2016 unless terminated by the parties. 3. Simultaneous Services by Consultant to Other Clients. Client acknowledges its understanding that Consultant is engaged in strategic consulting, communications/community engagement, revenue planning/assessment. During the performance of this Agreement Consultant may be actively involved in furnishing services similar to those provided by this contract in for other clients. Consultant shall not be limited in any way in performing services for other clients that do not constitute a conflict of interest and do not prevent it from discharging its obligations under this Agreement. Page 2 of 3 4. Due Diligence and Lack of Warranty. Consultant shall exercise due diligence and its best efforts in performing the services required by this Agreement. Consultant makes no warranty, express or implied, as to the results of the services provided. 5. Indemnification. With the exception of any action that one party may have against the other for harm caused to the other party arising from the willful misconduct or gross negligence of the other, the parties shall otherwise hold one another, their respective agents and employees, harmless from any and all liability arising from or related to the performance of this Agreement, including third party legal actions Caused by the acts or omissions of either party, their respective agents or employees. 6. Effect of Waiver. The failure of one party to insist on strict compliance by another with any of the terms, covenants, or conditions in this Agreement shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 7. Notice. All notices, requests, demands or other communications under this Agreement shall be in writing. Notices shall be sufficiently given for all purposes as follows: Personal Delivery; First -Class Mail; Certified Mail: Overnight Delivery. 8. Severability. If any term or provision of this Agreement shall be found illegal or unenforceable, then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. [EXECUTION PAGE FOLLOWS] Page 3 of 3 Executed this lay of January 2016 at Dublin, California. CITY OF DUBLIN B V Name: SYV►1}- Title: INMVA CA City of Dublin IVY 100 Civic Plaza Dublin, CA 94568 -2653 Accepted this day of January 2016 at Oakland, California. Bv: LLOYD A. EDWARDS Secretary - Treasurer The Lew Edwards Group P.Q. Box 2127;5 Oakland, CA 94620 Page 3 of 3 Executed this day of January 2016 at Dublin, California. CITY OF DUBLIN DORIGINAL Name. VVtA_ Smt� ' ,,,-, Title: NC;O C4 i� t City of Dublin) �+�t 100 Civic Plaza Dublin, CA 94568 -2658 Accepted this i day of January 2016 at Oakland, California. Secretary- Treasurer The Lew Edwards Group P.Q. Box 21215 Oakland, CA 94620 ATTACHMENT 2 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE LEW EDWARDS GROUP FOR STRATEGIC CONSULTING SERVICES WHEREAS, On January 12, 2016, the City entered into an Agreement ( "Agreement ") with The Lew Edwards Group ( "Consultant ") to perform community outreach and engagement consulting services related to a potential 2016 ballot measure; and WHEREAS, the Agreement allows for additional related services as desired by the City, beyond the scope of the professional consulting services, to be budgeted for separately by the City; and WHEREAS, the City desires to engage additional services from the Consultant, including the preparation of citywide mailers; and WHEREAS, the City agrees to increase the Consultant compensation from the original not - to- exceed amount of $3,500 per month for 12 months, or a total of $42,000, to a not -to- exceed amount of $127,000 for all services performed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with The Lew Edwards Group for Strategic Consulting Services, attached hereto as "Exhibit A" to the Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 19th day of April, 2016, by the following vote- AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor EXHIBIT "A" OF RESOLUTION -16 AMENDMENT TO THE AGREEMENT WITH THE LEW EDWARDS GROUP FOR STRATEGIC CONSULTING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "City ") and The Lew Edwards group (hereinafter referred to as "Consultant "), entered into an agreement on January 12, 2016, to provide strategic consulting services to City; and WHEREAS, the Consultant's fee for service is set at $3,500 per month effective November 1, 2015 through the expiration date of October 31, 2016, for a total of $42,000; and WHEREAS, due to the additional work needed to prepare mailers related to a potential 2016 City bond measure, the City and Consultant desire to increase the Consultant compensation from $42,000 to a not to exceed amount of $127,000; NOW, THEREFORE, the parties hereto agree as follows: Section 2. Professional Fees. City hereby agrees to pay Consultant a sum not to exceed $127,000, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. CITY OF DUBLIN ATTEST: City Manager City Clerk The Lew Edwards Group Date: Principal