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HomeMy WebLinkAbout06-19-2018 Agenda Item 13 - State Advocacy Services for the Water Resource Rcovery Facility Project - Contract AmendmentMeeting Date: 6/19/2018 FROM: Carrie Mattingly, Utilities Director Prepared by:David Hix, Deputy Director - Wastewater SUBJECT:STATE ADVOCACY SERVICES FOR THE WATER RESOURCE RECOVERY FACILITY PROJECT –CONTRACT AMENDMENT RECOMMENDATION Amend the existing contract (Attachment A) with Balance Public Relations, Inc. and approve $40,000 to continue advocacy services for the Water Resource Recovery Facility project and other applicable City projects. DISCUSSION Balance Public Relations, Inc. (BRP) has been retained by the City to develop a comprehensive strategy for identifying funding opportunities for the Water Resource Recovery Faciality (WRRF). BRP continues to pursue grant dollars for recycled water, education, flood protection and other water related projects. Led by former State Senator Dean Florez, BPR has demonstrated an in-depth knowledge of grant opportunities and relationships with State agencies. Recently, the City has been working with the Sustainable Growth Council on opportunities that include not just recycled water and the WRRF project, but also transportation and infrastructure. Up to the present time, BPR has facilitated strategic communications centered on the WRRF Project, provided staff with important legislative information and regulatory reports, monitored state funding timeframes and supported City staff in securing a low interest State Revolving Fund (SRF) loan for the WRRF project. BPR has created additional partnerships with local, state and federal elected officials, agencies and organizations that will help facilitate funding and policy implementation for additional grant opportunities. Former Senator Florez has identified additional funding and grant opportunities that might be available through the Strategic Growth Council and benefit a multitude of projects the City has scheduled for construction. The City and BPR, continue to work closely to secure funding that is crucial in meeting fiscal health objectives. . Balance Public Relations, Inc. has strong ties with local, state, and federal leaders as well as robust government connections that have already proven valuable and the City has been very satisfied with the efforts. Staff believes that continuing the contract to assess opportunities and strategies will assist in securing additional funding for the WRRF and other City projects. Dean, and the BPR team have been key in setting up these meetings and facilitating productive discussions Packet Pg. 205 Item 13 ENVIRONMENTAL REVIEW The recommended actions are not a project as defined under the California Environmental Quality Act. FISCAL IMPACT The initial contract was for $50,000. The WRRF program has available funding in the electric utility line item to cover the cost to amend the agreement (Attachment B) for an additional six months not to exceed $40,000. The account has an available balance of $220,956. The monthly retainer for Balance Public Relations, Inc. is $5,000 plus ancillary expenses. ALTERNATIVE 1.Elect not to approve the contract amendment.Council may elect not to approve the contract amendment for Balance Public Relations, Inc. This is not recommended as staff does not have the resources or relationships to pursue the additional opportunities that have been presented. Attachments: a - Balance Public Relations Agreement b - Balance Public Relations Contract Amendment Packet Pg. 206 Item 13 CCONSULTING AGREEMENT THIS CONSULTING AGREEMENT dated as of June 20, 2017, by and between Dean Florez, President, CEO of Balance Public Relations, Inc., a California Corporation (hereinafter referred to as “BPR”), and the Utilities Department of the City of San Luis Obispo having an office at 990 Palm Street. San Luis Obispo, CA 93401 (hereinafter referred to as "the City“). NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, the parties hereto agree as follows: 1.0 ENGAGEMENT The City hereby engages BPR to provide non-exclusive services pursuant to the terms and conditions hereof. BPR will perform these services at the direction of the Howard Brewen, Water Resource Recovery Facility (WRRF) Project Supervisor. The City has selected the BPR based upon the BPR’S agreement to offer the services of CEO, President Dean Florez who will personally perform the services hereunder along with BPR partners in the water resource and municipal services sector. 2.0 NATURE OF SERVICES BPR is retained by the City to work collaboratively with the City of San Luis Obispo to develop a comprehensive strategy allowing the City to secure grant dollars from the State of California that will allow the Water Resource Recovery Facility Project to increase the amount of and enhancing the quality of recycled water produced, and thus expanding the sustainable and drought-proof water sources. BPR will advocate for funding aimed at producing recycled water which will reduce the strain on the area’s potable water supply and enhance the quality of water entering San Luis Obispo Creek. BPR will explain to state decision makers the direct benefits to the San Luis Obispo community which will provide better quality habitat for wildlife, such as steelhead trout, while adding less salts and nutrients to the local groundwater basin which will improve water quality in San Luis Obispo Creek for downstream beneficial uses. Overall BPR advocacy will primarily center on funding for WRRF improvements which will allow the City to produce more, higher-quality water for reuse by our community, and improve the health of the San Luis Obispo Creek ecosystem downstream of the WRRF. 2.1 SSERVICE SCOPE OF WORK Advocacy will focus on educating state decision makers on key aspects of the City of San Luis Obispo prepared a WRRF Facilities Plan which was adopted by the City Council on July 7, 2015 and an WRRF Project Packet Pg. 207 Item 13 EIR which was certified on August 16, 2016 which includes discussion of projects ability to maximize the production of recycled water; meet new waste discharge requirements. BRP specific tasks include but are not limited the following: x Identifying and securing grant funding as specified under the City of San Luis Obispo Financial Assistance Application submitted to the State of California Water Resources Board, including but not limited to the pursuit of low interest Clean Water State Revolving Fund (CWSRF) grants and loans to fund the WRRF project; x Education and strategic communications centered on the Water Resource Recovery Facility (WRRF) Project benefits and cost effectiveness; x Providing the WRRF board members & City Council with pertinent legislative information and relevant regulatory reports that affect the WRRF project, monitoring state funding stream timeframes and assessing environmental impact requests from the Department of Water Resources Department; x Creating additional partnerships with local, state and federal elected officials, agencies and organizations that will help facilitate funding and policy implementation of the Water Resource Recovery Facility Project with key introduction to pertinent elected officials, water resource officials, State leaders, and Legislators to accomplish this goal; x Meetings with key members of the Department of Water Resources and State Resources Board members the benefits of the WRRF including the ability of the project to help the State of California accomplish Governor Brown’s State Water Plan including the creation of enhanced recycled water projects and enhancements on the treatment of future flows and loads. Focus will include the WRRF funding requirements which will allow the City to replace and/or upgrade aging equipment and incorporate on-site interpretive features and public amenities. x Proactive strategic consulting on water policy and funding to meet a predetermined deadline set forth by the State Water Control Board and proactive interaction with the Board to avoid regulatory fines and penalties. 33.0 TERM & FEES The term of this Consulting agreement (the "Term") shall commen ce on July 1, 2017 and may be terminated by either the City of San Luis Obispo agent for this agreement or BPR upon thirty (30) days written notice. This contract is for 12 months of service but will be assessed on a month-to-month basis by the City. Based on the aforementioned scope of work, we propose: (A) A monthly fixed retainer fee of $5,000 per month. (B) Monthly payments shall begin and first payment is due upon an engagement date of July 1, 2017. (C) All out-of-pocket incidental expenses, including travel, phone and other incidental costs will be billed separately and shall not exceed $200 per month without prior approval. The contract will be billed on a month-to-month basis, and as either party may terminate this agreement by providing thirty-days, written notice, BPR will be entitled to all expenses incurred, and any payment due and owing, through the date of termination. Upon termination, we will provide you with all work product, documents, files and any other tangible things related to the work performed under the Agreement. Packet Pg. 208 Item 13 If an invoice is not paid monthly, we reserve the right to discontinue performing further services at such time. If the City is unable to make full payment upon our account within thirty (30) days after presentation of our invoice, you will incur a late fee of 5% of the balance plus 1 ½% per month or 18% annum. All data and information submitted or made available to BPR by the City unless otherwise publicly available or provided for public distribution and dissemination in connection with BPR’s services, shall be utilized by BPR only in connection with its services under this Agreement, and shall not be made available or disclosed by BPR or to any other person. All information developed by the City or obtained by BPR from the City in connection with the Agreement shall be the property of the City of San Luis Obispo. 44.0 TAXES BPR is solely responsible for payment of all taxes that may be due upon the service fee, any other compensation and any income or gain derived from the exercise of stock options granted hereunder. 5.0 OTHER BUSINESS ACTIVITIES AND CONFLICTS OF INTEREST It is expressly understood by the City agrees that, notwithstanding the non-exclusive nature of this Consulting Agreement, the BPR will accept no other engagement of any type that will interfere with his ability to render the services hereunder in a manner that is both time and of quality satisfactory to the Company. Should a suspected conflict of interest arise, BPR agrees to immediately notify the City of the potential conflict and participate in a negotiation to attempt to resolve the conflict to the satisfaction of all parties. Should the new client create a potential conflict of interest, BPR agrees to negotiate to attempt to resolve the conflict to the satisfaction of both parties. 6.0 INDEPENDENT CONTRACTOR RELATIONSHIP The parties hereto understand, acknowledge and agree that the BPR's relationship with the City is that of an independent contractor and that nothing in this Agreement is intended to or should be construed to create an employment, partnership or joint venture relationship. 7.0 CONFIDENTIALITY The BPR during the Term and thereafter to take all steps reasonably necessary to hold in trust and confidence information which he knows or has reason to know is considered confidential by the City ("Confidential Information"). BPR agrees to use the Confidential Information solely to perform this Consulting Agreement and covenants and agrees that he will not use or disclose to any person without the City’s prior written approval, any such Confidential Information learned or obtained by the BPR during or prior to the Term. BPR shall take reasonable steps necessary to ensure that his employees, agents, affiliates and contractors (if any) do not discuss, divulge or utilize any confidential information communicated to or acquired by them. The obligations under this Paragraph 7.0 shall survive termination of this Consulting Agreement. Packet Pg. 209 Item 13 88.0 TRADE SECRETS AND INTELLECTUAL PROPERTY RIGHTS BPR agrees to disclose promptly in writing to the City, or any person designated by the City, copyrightable material that is conceived, developed, made or reduced to practice by the BPR in the performance of services to the City. 9.0 ASSIGNMENT OF WORK PRODUCT "Work Product" means all work pertaining to public relations, marketing plans, designs, discoveries, works of authorship, formulae, processes, inventions, improvements and ideas solely or jointly conceived, developed or reduced to practice during the performance of this Consulting Agreement. BPR hereby irrevocably assigns, conveys and otherwise transfers to the City, and its respective successors and assigns, all rights, title and interests worldwide in and to the Work Product and all proprietary rights therein, including, without limitation, all copyrights, trademarks, trade secret rights, moral rights, and all contract and licensing rights, and all claims and causes of action of any kind with respect to any of the foregoing, whether now known or hereafter to become known. In the event the BPR has any rights in and to the Work Product that cannot be assigned to The City , BPR hereby unconditionally and irrevocably waives the enforcement of all such rights, and all claims and causes of action of any kind with respect to any of the foregoing against the City , its distributors and customers, whether now known or hereafter to become known, and agrees at the request and expense of the City and its respective successors and assigns to consent to and join in any action to enforce such rights and to procure a waiver of such rights from the holder so such rights. In the event BPR has any rights in and to the Work Product that cannot be assigned to The City and cannot be waived, BPR hereby grants to the City , and its respective successors and assigns, an exclusive, worldwide royalty-free license during the terms of the rights to reproduce, distribute, modify, publicly perform and publicly display, with the right to sub-license and assign such rights in and to the Work Product including, without limitation, the right to use in any way whatsoever the Work Product. BPR retains no rights to use the Work Product and agrees not to challenge the validity of the ownership by the City in the Work Product. The obligations and undertaking in this Section 8.0 shall survive termination of this Consulting Agreement. If called upon to render assistance under this section following termination of this Consulting Agreement, BPR will be entitled to a fair and reasonable fee in addition to reimbursement of authorized expenses incurred at the prior written request of the City. 10.0 RETURN OF COMPANY PROPERTY It is our policy to destroy each client’s files in our possession upon the expiration of ten (10) years after the closing of such files. If you desire us to retain any of your files for a longer period, please advise us in writing. Packet Pg. 210 Item 13 111.0 WARRANTIES AND INDEMNIFICATION The City represents and warrants that BPR’s use, reproduction, distribution or modification of the Work Product does not and will not violate the rights of any third parties, including, but not limited to, trade secrets, trademarks, publicity, privacy, copyrights and patents, or any applicable law and regulation. The City further represents that the Work Product is free and clear of all encumbrances, including without limitation, security interests, licenses, liens, charges or other restrictions. 12.0 APPLICABLE LAW: ENFORCEMENT. This Consulting Agreement shall be governed by and construed in accordance with the laws in force in California (as applied to transactions entered and to be performed wholly within California between California residents) and the parties hereby agree to submit to the courts located in the County of Los Angeles, California. 13.0 ENTIRE AGREEMENT This Consulting Agreement contains the entire understanding of the parties. This Consulting Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, amendment, extension or discharge is sought. 14.0 NOTICES Notices related to this Consulting Agreement shall be sent to: Howard Brewen WRRF Supervisor Water Resource Recovery Facility Project City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Balance Public Relations, Inc. Dean Florez President, CEO, Balance Public Relations, Inc. 1401 North Broadway Blvd. Los Angeles, CA 90012 Any notice provided for or permitted under this Consulting Agreement shall be given in writing and shall be delivered to the individuals and addresses above. Packet Pg. 211 Item 13 Delivery shall be effected by: (A) hand delivery; (B) confirmed telecopy; (C) commercial overnight courier with written verification of receipt; (D) U.S. mail postage prepaid, certified or registered mail, return receipt requested. Such notice shall be deemed to have been received on the date of actual delivery or three (3) days after sending, whichever is earlier. 115.0 WAIVERS No provision of this Consulting Agreement shall be considered waived by either party and no breach excused by either party, except in writing signed by the party against whom waiver or excuse is asserted. No consent by either party to, or waiver of, a breach by the other party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different or subsequent breach by that party. 16.0 ASSIGNMENT BPR may not assign its rights or obligations hereunder in whole or in part without the City ’s prior written consent. The City may assign its rights or obligations hereunder in whole or in part. This Consulting Agreement will be for the benefit of the City ’s successors and assigns, and will be binding on the BPR’s legal representatives and permitted assignees. IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written. By: /S/ Howard Brewen, WRRF Supervisor ________________________ DATE: ___________________ Howard Brewen WRRF Supervisor City of San Luis Obispo By: /S/ Dean Florez DATE: June 20, 2017 Dean Florez President, CEO, Balance Public Relations, Inc. Packet Pg. 212 Item 13 IRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is made and entered into in the City of San Luis Obispo on _______, 2018, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and BALANCE PUBLIC RELATIONS, INC, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on June 29, 2017 the City Manager approved carryover funding to secure state advocacy services for help with the State Revolving Fund loan for the Water Resource Recovery Facility (WRRF) Project; and WHEREAS, Contractor submitted a qualified proposal on June 20, 2017 which was approved by the City Manager on June 29, 2017; and WHEREAS, Contractor supported City staff efforts in securing a $140 million loan from the State Revolving Fund through the State Water Resources Control Board; and WHEREAS, Contractor was also able to connect the City with the Strategic Growth Council which might yield funding for important citywide infrastructure; and WHEREAS, the City wants to retain contractor to continue the efforts on the City’s behalf for funding from the Strategic Growth Council and other grant and funding opportunities for capital projects. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement amendment shall be from the date this Agreement amendment is made and entered, as first written above, until completion of said capital funding advocacy efforts are concluded; anticipated at six months. 2.INCORPORATION BY REFERENCE. Contractor agrees to continue to perform the services set forth in the consulting agreement dated June 29, 2017, which is incorporated herein by this reference. Packet Pg. 213 Item 13 3.CITY'S OBLIGATIONS. For providing advocacy services as specified in this Agreement amendment, City will pay and Contractor shall receive compensation in a total sum not to exceed $40,000. 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5.AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council or City Manager of the City. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City David Hix Deputy Director - Wastewater City of San Luis Obispo 879 Morro St. San Luis Obispo, CA 93401 Contractor Balance Public Relations, Inc. Dean Florez President, CEO Balance Public Relations, Inc. 1401 North Broadway Blvd. Los Angeles, CA 90012 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. Packet Pg. 214 Item 13 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO ____________________________________ By: City Manager CONTRACTOR ____________________________________ By: Dean Florez –President, CEO APPROVED AS TO FORM: ____________________________________ City Attorney Packet Pg. 215 Item 13 Page intentionally left blank. Packet Pg. 216 Item 13