RESOLUTION NO. 22-46
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute An Amendment To The Contract With Clifford Moss In An Amount Not To Exceed $60,000 To Assess Possible Revenue Measure Opportunities For 2022
WHEREAS, the City has seen General Fund revenue shift and decrease over time due to changes in the economy, and more recently because of the economic slowdown associated with the COVID-19 global pandemic; and
WHEREAS, the City’s primary revenue sources, the Transient Occupancy Tax (TOT), Sales Tax, and Business License tax, are all uniquely vulnerable to economic fluctuations; and
WHEREAS, the Budget and Governance Committee requested that staff analyze options for the City to increase revenue, including possible revenue measures to be placed on the ballot in the 2022 election cycle; and
WHEREAS, following a Request for Proposal process conducted in June 2021, the City selected Fieldman Rolapp Associates (FRA) for the initial tax measure feasibility analysis, with Clifford Moss providing management and guidance for the project as part of that contract; and
WHEREAS, on October 14, 2021, FRA presented the results of their analysis of revenue measures to the Budget and Governance Committee who then recommended the City enter into a contract with Clifford Moss for overall project management, including a subcontract with FM3 Research to conduct the public opinion surveys; and WHEREAS, on November 2, 2021, the City Council authorized the City Manager to execute a contract with Clifford Moss to assist the City in assessing and developing possible revenue measures for the 2022 election cycle in an amount not to exceed $63,250; and
WHEREAS, staff recommends that the Clifford Moss contract be amended to add funding and scope of work to include extensive community engagement and an additional community survey to inform the City Council’s decision about whether to place a measure on the November 2022 ballot, now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to execute an amendment to the contract with Clifford Moss to assist the City in assessing and developing possible revenue measures for the 2022 election cycle in an amount not to exceed $60,000, for a total contract amount not to exceed $123,250, and any necessary amendments thereto other than those increasing contract cost.
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Resolution No. 22-46
Clifford Moss Contract Amendment
City Council Meeting | May 3, 2022
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, May 3, 2022, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Medina and Council Members Donahue, Martinez and Welch
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Clifford Moss Professional Services Contract 1st Amendment DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936
C A L I F O R N I A
P R O F E S S I O N A L S E R V I C E S C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 06/2020
FIRST AMENDMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and CLIFFORD MOSS, LLC (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated November 5, 2021 (“Contract”) for the purpose of retaining the services of Contractor to provide pre-electoral revenue measure strategic services; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-One, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936
EXHIBIT A
City of Emeryville | Professional Services Contract Amendment REV 06/2020
1.3 Total Compensation Amount
The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by SIXTY THOUSAND DOLLARS AND NO CENTS ($60,000). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed ONE HUNDRED TWENTY THREE
THOUSAND TWO HUNDRED AND FIFTY DOLLARS AND NO CENTS
($123,250.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
Christine S. Daniel, City Manager
Dated: CLIFFORD MOSS, LLC
(Signature)
Bonnie Moss, Principal
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E 04/18/2022
DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 EXHIBIT A ONE-PAGE 1
CliffordMoss & City of Emeryville
ADDENDUM SCOPE OF SERVICES – 2022
Phase 2: Public Communications Services as City listens to community, considers, and prepares for a Local Revenue Measure on the November 2022 Ballot:
TIMELINE: ___________ through July 31, 2022
Recommend a public communications strategy to guide stakeholder and public communications as Client LISTENS to its community, considers a measure, and prepares for the ballot. Provide messaging guidance as Client implements above public communications strategy. Assist Client with promotion for one townhall meeting on May 9, 2022 (program funding provided by Client over and above Provider’s Fee).
In collaboration with Client, prepare and send one mailer to all voter households in Client’s jurisdiction (funded by Client over and above Provider’s fee). Coordinate for the benefit of Client additional research (a tracking poll) conducted by Pollster FM3 Research in the May/June 2022 time frame.
Collaborate with consultants to finalize and present tracking poll research results and ballot measure recommendations to Client.
If Client chooses to go to the November 2022 ballot, prepare Client for information-only communications environment to be used once Client’s measure is on the ballot (e.g. factual, information-only web content, fact sheets, FAQs, etc.). Attend and/or participate in City project-related meetings and Zoom/conference calls as needed. Provide ongoing project-related strategic counsel as needed.
Provider’s services do not include legal or financial advice or counsel of any kind.
DRAFT: 041522F1
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936 Rev. 041522F1
EXHIBIT A ONE-PAGE 2
City of Emeryville
PUBLIC ENGAGEMENT PROGRAM
On the front end of a Possible November 2022 Revenue Measure
HOMESTRETCH CITY PRE-ELECTORAL BUDGET
April – July 2022
Stakeholder Communications Bare Bones
Budget
Direct Mail/Collateral
ALL voter households (HH) only
~6,800 Voters in ~4,800 HHs
Not to Exceed
$7,000
1 Mailer
Single mailer
Outbound message
tells story of need +
includes feedback
summary + FAQ +
provides reminder RE
City Council meetings
July 5 and 19, 2022
Estimates = all costs, e.g. copywriting,
design, print, mail house + postage.
Tracking Poll
May/June 2022
$26,500
CliffordMoss Fee
Through July 2022
$24,250
Miscellaneous expenses:
Assisting with texting + online graphics
for May 9th City Town Hall event.
$2,250
PRE-ELECTORAL PROGRAM
NOT TO EXCEED TOTAL = $60,000
DocuSign Envelope ID: EFC1AF23-10D9-4E61-8814-7803038FB72E DocuSign Envelope ID: 0DC6B630-4CAD-4ACE-AED9-8F0DC187D936