Agenda Item D.1
CPMS DISCUSSION/ACTION ITEM
Meeting Date: June 7, 2022
TO: Mayor and Councilmembers
FROM: Michelle Greene, City Manager
CONTACT: Kristy Schmidt, Assistant City Manager
Ryan Kintz, Assistant to the City Manager
SUBJECT: Potential Sales Tax Measure , Public Opinion Polling Results , and Props and Measures Community Outreach Contract Amendment
RECOMMENDATIONS:
A. Receive a presentation from Fairbank, Maslin, Maullin, Metz & Associates, Inc. on the results of the April 2022 polling and public opinion research survey related to a possible sales tax measure;
B. Provide direction to staff on whether to return to City Council on June 21, 2022 with an ordinance to place a Sales Tax Measure on the ballot for the November 8, 2022 General Election;
C. Should Council wish to proceed with a sales tax measure for November 2022, approve and authorize the City Manager to execute Amendment No. 3 to Agreement 2021-047 for Professional Services with Props and Measures for professional outreach and public relation services increasing the contract amount by $30,000 for a new total not- to-exceed amount of $146,000; and
D. Should Council wish to proceed with a sales tax measure for November 2022, approve in concept the ballot measure language presented in this report for inclusion in the ordinance to be considered by the City Council on June 21, 2022.
BACKGROUND:
The City Council has long recognized that in order to meet its current and future infrastructure needs and the goals of the community, the City will need to establish a significant additional source of ongoing funding.
The City has significant revenue limitations given the City’s current sales tax rate, which is tied for the lowest in the County, as shown in Table 1 below.
1 Meeting Date: June 7, 2022
Table 1: Santa Barbara County Cities Sales Tax Rates
Buellton 7.750%
Carpinteria 9.000%
Goleta 7.750%
Guadalupe 8.750%
Lompoc 8.750%
Santa Barbara 8.750%
Santa Maria 8.750%
Solvang 7.750%
Exacerbating this, the Revenue Neutrality Agreement (RNA) with the County reduces the 1% that the City would ordinarily retain from sales tax by 30% (The Fiscal Year 2022 RNA estimated obligation, including both required sales and property tax submittals, is $7.6 million).
The City also has significant ongoing unfunded liabili ties and other unfunded priorities which include deferred maintenance and implementation of master plan documents and unfunded C apital Improvement Program (CIP) projects. As a summary recap, total estimated ongoing annual deferred maintenance of the City’s facilities and other assets is currently $ 9 million, which include s additional pavement budget of $3.3 million to maintain average pavement condition index (PCI) levels of 69 throughout the City. Other costs include ongoing staffing imbalances with costs yet to be fully determined, along with other costs needed to implement items in the various master plan documents adopted by City Council, like the Homelessness Strategic Plan, the Bicycle and Pedestrian Master Plan, and the Creek and Watershed Plan. The updated unfunded CIP costs are now projected at $104.7 million.
For the past several years, the City of Goleta’s adopted Strategic Plan has contained objectives to pursue additional revenue sources. The City Council has considered taking a revenue measure to voters, most recently in 2020, but ultimately decided that the timing was not right, although solid public support for a measure was demonstrated by polling .
The current 2021-2023 Strategic Plan contains the following objective:
Strategic Goal: Enhance revenue by seeking grants and implementing financing strategies that strengthen the City's budget
Objective: Explore a possible transaction and use (sales) tax measure and evaluate other revenue options to support the future sustainability of the City's budget
This direction is also reflected in the Fiscal Year 2021/22 Work Program for both the City Manager’s Office and the Finance Department.
2 Meeting Date: June 7, 2022
In early Fiscal Year 2022, following the direction noted above, staff began to again explore the opportunities for new revenue sources to help maintain current service levels and programs, recover from the ongoing impacts of the COVID -19 pandemic, and meet the demand of the City’s growing infrastructure maintenance and improvement needs. As part of this work effort , in June 2021, the City entere d into a contract with Props and Measures for $45,0000 for initial public outreach and engagement on the topic. Then on September 21, 2021, the City Council authorized the City Manager to execute a Professional Services Agreement with FM3 Research, Inc. for polling and public opinion research services related to a potential November 2022 sales tax measure. This contract included funds for a November 2021 base public opinion poll and an April 2022 follow-up tracking poll.
The results of the November 2021 base polling showed that a 1% sales tax measure still has the potential to be supported by the City of Goleta voters. The poll also showed that the more voters know about the City’s needs and how additional revenue might benefit the community, the more likely they are to support a revenue measure, which demonstrates the value of a good public education campaign. On January 18, 2022, Council approved a fir st amendment to the agreement with Props and Measures, increasing the contract amount by $31,000 to continue education and outreach through June 2022, and on April 19, 2022, a second amendment increased the contract amount by $40,000 to cover the cost of p rinting and postage for education and engagement mailers to the community.
In order to meet Council’s interest in evaluating other revenue options, on March 31, 2021, the City Council received a presentation by HdL evaluating the alternatives to a sales tax, such as updating Cannabis tax rates, utility users tax, business license tax, parcel tax, increasing the current transient occupancy tax, and property transfer tax. The study evaluated the pros and cons, the feasibility, equity, revenue potential, collectability, economic efficiency, political feasibility, and transparency of these alternative revenue enhancement mechanisms. Additionally, the study compared these alternative revenue enhancement mechanisms with the add -on sales tax option and provided data driven justification for each of the revenue enhancement options. The study concluded that based on the pros and cons of the alternative revenue options, the transactions and use tax (sales tax) provided the most effective method at meeting the City’s growing revenue needs.
DISCUSSION:
The passage of a one percent sales tax w ould enable the City to address many of its unfunded priorities. The most recent analysis conducted by the City’s consultant HdL indicates that a one percent sales tax, has the potential to raise an additional $10.6 million in annual City revenue. The $10.6 million is the most recent estimate provided by HdL in May 2022.
The purpose of this report is the following:
Summarize and present the April 2022 follow-up tracking poll results; 3 Meeting Date: June 7, 2022
Present the proposed November 2022 potential sales tax ballot language; Receive direction from the City Council whether to return to City Council on June 21, 2022 with an ordinance to place a Sales Tax Measure on the ballot for the November 8, 2022 Election; and
Should Council wish to proceed with further consideration of a sales tax measure for November 2022, r equest authorization to amend the contract with the City’s contracted public relations and outreach consultant Props and Measures for continued public outreach and community engagement.
Results of April 2022 Polling
The April 2022 tracking survey conducted April 21, 2022 through May 3, 2022 included polling 418 Goleta registered voters who are likely to vote in the November 2022 General Election; this provides a representative and statistically reliable sample of Goleta’s population. Names and contact information of respondents were pulled from the public voter profile available at the County Registrar of Voters. The survey was administered in two different modes: 1) online through email invitation; and 2) telephone, both landline and cellular. The survey took approximately 12 minutes for respondents to complete and was offered in English and Spanish. FM3’s presentation that details the results of the public opinion survey is provided as Attachment 1 . The survey questions are available in Attachment 2.
According to FM3, the results of the April 2022 survey show that a sales tax measure has the potential to be supported by the City of Goleta voters. In addition, as shown in Figure 1 below, FM3’s polling results of the past four surveys show that a majority of Goleta voters have consistently supported the establishment of a one percent sales tax.
4 Meeting Date: June 7, 2022
Figure 1: Survey Tracking Results
Draft Ballot Measure Language
Staff and the consultant propose the following ballot language:
“To support Goleta’s 9 -1-1 response /crime prevention; clean -up trash in creeks to maintain coastal waters; address homelessness , fire risks from illegal encampments; maintain public safety, clean /maintain public areas; repair streets/potholes; increase recycled water use for parks; retain local businesses/jobs; maintain open spaces/natural areas and for general government use; shall a measure be adopted establishing a 1¢ sales tax providing approximately $ 10,600,000 annually until ended by voters, requiring public spending disclosure?”
This is the language was tested through polling , except that the amount that would be raised has been updated with the most recent number . Should the City Council choose to move forward with the potential Sales Tax Measure, Staff will bring this recommended ballot language to the June 21, 2022, City Council meeting for final approval by the City Council.
5 Meeting Date: June 7, 2022
Public Education Campaign
Should the Council provide direction to proceed with a potential sales tax measure, FM3 and staff recommend that the City continue to conduct the public outreach and education related to the City’s funding needs. Staff are recommending that the Council approve and authorize the City Manager to execute an amendment increasing the contract amount by $30,000 for a new total not-to-exceed amount of $146,000 (Attachment 3). If the contract amendment is approved, Props and Mea sures would continue to assist the City with outreach and education and would send out an additional mailer that would notify the public of the City’s intention to place a one percent sales tax measure (adding one cent to a one-dollar purchase) on the ballot before the June 21, 2022, City Council meeting.
Below is a tentative revenue enhancement/public outreach project timeline and next steps:
June/July 2022
Send 3rd “Notice to Voters” Mailer
June 21 Council Meeting: Council adopts resolution to place a measure on Nov. 8, 2022 ballot
No later than July 11, 2022* (120 days prior to election): Deliver adopted resolution to Registrar of Voters in order to qualify for the November 2022 ballot Update City website with ballot measure information
August 2022
August 6, 2020 - Deadline to file with the Santa Barbara County Clerk of the Board of Supervisors to Request Consolidation services for the November 3, 2020 Election
November 2022
November 8, 2022 – Election Day
FISCAL IMPACTS:
The City Manager Department budget for Fiscal Year (FY) 2021-2022 includes sufficient funds to cover the additio nal $30,000 in with Props and Measures’ outreach and education services in account 101 -10-1200-51200, so no additional appropriations are necessary.
ALTERNATIVES:
City Council could choose not to proceed with the staff recommendation s. However, given the financial needs of the City , not moving forward with a potential sales tax measure would significantly hinder the City’s ability to meet its deferred maintenance projects and backlog of CIP projects as well as address staffing imbalances and implementation of the City’s many strategic plans. Not a pproving the contract amendment with Props and Measures could significantly reduce the City’s opportunity to continue to create awareness amongst residents of the City’s financial needs.
6 Meeting Date: June 7, 2022
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. FM3 Polling Presentation
2. Polling Questions
3. Amendment No. 3 Props and Measures
4. Props and Measures Agreement No. 2021-47 and Amendments No. 1 and No. 2
7 ATTACHMENT 1
FM3 Polling Presentation
8 City of Goleta 2022
Community Priorities/
Budget Follow-Up
Survey
220-6392
9 2
Survey Specifics and Methodology
Dates April 21 – May 3, 2022
Survey Type Dual-mode Voter Survey
Research Population City of Goleta Voters Likely to Vote in November 2022 Total Interviews 418
Margin of Sampling Error ±4.9% at the 95% Confidence Level for Full Sample ±6.9% at the 95% Confidence Level for Half Sample
Contact Methods
Dat
a Collection Modes
Tracked Surveys February 2020, May 2020 & November 2021 Languages Survey was available in English and Spanish
(Note: Not All Results Will Sum to 100% Due to Rounding) Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews
Text
Invitations
10 3
Mood of the
Electorate
11 4
A slight majority remain optimistic about the
direction of the City, similar to November 2021 and
slightly down from May 2020.
53%
55%
60%
57%
21%
23%
18%
21%
25%
22%
22%
22%
April-May 2022
November 2021
May 2020
February 2020
Right Direction Wrong Track Unsure
Would you say that things in the City of Goleta are generally headed in the right direction or do you feel that things are off on the wrong track? 12 5
Six-in-ten continue to perceive a great or some need
for additional City funds to provide services, though
fewer than one-quarter report the need is great.
Q. In your personal opinion, do you think the City of Goleta has a great need for additional funding, some need, a little need or no real need for additional funds to provide the level of City services that Goleta residents need and want? 22%
24%
26%
21%
38%
39%
37%
37%
11%
11%
9%
11%
14%
14%
12%
15%
16%
12%
16%
16%
April-May 2022
November 2021
May 2020
February 2020
Great Need Some Need A Little Need No Real Need Don't Know Great/
Some
Need
A Little/
No Real
Need
60% 25%
62% 25%
63% 21%
58% 26%
13 6
Potential
Sales Tax Measure
14 7
Potential 75-Word
Ballot Measure Summary
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? To support Goleta’s 911 response/crime prevention; clean-up trash in creeks to maintain coastal waters; address homelessness, fire risks from illegal encampments; maintain public safety, clean/maintain public areas; repair streets/potholes; increase recycled water use for parks; retain local businesses/jobs; maintain open spaces/natural areas and for general government use; shall a measure be adopted establishing a 1¢ sales tax providing approximately $9,000,000 annually until ended by voters, requiring public spending disclosure?
(As Approved by Legal Counsel)
15 8
42%
18%
5%
2%
8%
21%
5%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
65%
Total
No
31%
Almost two-thirds initially would vote yes on the
measure, with slightly more than four-in-ten having
said they would definitely vote yes.
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? 60%
16 9
64% 61% 64%
70%
31% 33% 36%
26%
4% 6%
0% 5%
<$50,000 $50,000-$75,000 $75,000-$100,000 $100,000+
Total Yes Total No Undecided
High percentages support the measure
regardless of household income.
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? (% of
Sample)
Initial Vote on a 1¢ Sales Tax by Household Income
(17%) (13%) (42%)(14%)
17 10
The more one perceives there is a need for additional
funds, the more likely they are to vote yes.
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? (% of
Sample) (22%) (38%) (60%)
Initial Vote on a 1¢ Sales Tax by Perceived City’s Need for Additional Funding (25%)
62%
48%
17%
37%
53%
14%
31%
21%
18%
25%
21% 17%
60%
32%
18%
3% 4% 2%
13%
4%
76% 79%
38%
55%
78%
Great Need Some Need A Little/No Real Need Don't Know Great/Some Need Def. Yes Prob./Undec., Lean Yes Total No Undecided
(16%)
18 11
Impact of
Educational and
Critical Statements
19 12
38%
32%
34%
31%
36%
33%
69%
68%
67%
Much More Incl. Smwt. More Incl.
Educational statements about the condition of streets,
the aging City infrastructure, and homelessness are top reasons to support the measure.
Q. I am going to read you some statements from people who may support this potential Goleta ballot measure. Please tell me if this makes you more inclined to vote Yes on this measure.
(STREETS) The most recent independent road engineers report rated 2/3 of Goleta’s streets and roads as “fair,” “poor,” or “failed.” It is time we fund these essential street and pothole repairs before the problem gets even worse and more expensive to fix.
(INFRASTRUCTURE) When the City of Goleta was incorporated 20 years ago, it inherited many old buildings from the County, including an aging library and a now 94-year-old community center.
This measure helps upgrade aging local infrastructure by earthquake retrofitting structurally unsafe buildings and removing mold and asbestos; repairing deteriorating gas and electrical lines, and plumbing, to ensure our buildings remain safe.
(HOMELESS) Homelessness is a serious problem in the southern part of Santa Barbara and Goleta is no exception. This measure helps address homelessness and supports those who are at risk of becoming homeless by connecting them with available non-profit and regional organizations providing emergency shelter, food services, and treatment for mental health and addiction. This will also help keep our neighborhoods, business districts, parks and other public areas clean and safe for everyone.
(Ranked by Total More Inclined to Vote Yes)
20 13
39%
33%
33%
24%
30%
28%
63%
63%
62%
Much More Incl. Smwt. More Incl.
Q. I am going to read you some statements from people who may support this potential Goleta ballot measure. Please tell me if this makes you more inclined to vote Yes on this measure.
(LOCAL CONTROL-STATE) Goleta has lost millions of dollars from State take-aways. This measure requires that all funds raised stay in Goleta for the essential local services you rely on and not a penny can be taken by Sacramento.
(OUT-OF-TOWNERS) More than 40% of this sales tax will be paid by people who do not live here in Goleta. This measure will capture millions of dollars paid by visitors and commuters from Ventura County, northern Santa Barbara County, Isla Vista and the City of Santa Barbara who visit Goleta to work or shop so that they can contribute to maintaining our local roads and keeping our community safe.
(ACCOUNTABILITY) This measure includes tough accountability provisions such as public disclosure of all spending, annual independent financial audits and local control of all funds. These fiscal safeguards will also ensure that funds from this measure will be used efficiently, effectively and as promised.
(Ranked by Total More Inclined to Vote Yes)
Continued
21 14
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? Initial Vote Vote After Educational
Statements
42%
18%
5%
2%
8%
21%
5%
45%
19%
4%
3%
5%
19%
4%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Y
es
65%
Total
No
31%
Total
Yes
69%
Total
No
27%
60% 64%
After education, overall support increases four
percentage points, from 65 to 69 percent, with those
saying they would definitely vote yes increasing a
modest three percentage points, from 42 to 45 percent.
22 15
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
42%
18%
5%
2%
8%
21%
5%
Total
Yes
65%
Total
No
31%
60%
Initial Vote After Critical
Statement
After Educational
Statements
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? After hearing critical statements, slightly more than
six-in-ten support the measure, above the required
threshold and the margin of error, with close to
four-in-ten saying they would “definitely vote yes.”
45%
19%
4%
3%
5%
19%
4%
Total
Yes
69%
Total
No
27%
64%
38%
18%
4%
3%
8%
23%
6%
Total
Yes
61%
Total
No
33%
56%
23 16
Q. Based on this description, would you vote yes in favor of the measure or no to oppose it? 61% 66%
59%
68% 73% 68% 65%
71% 66% 65% 69%
61%
36%
30%
36%
28% 24% 27% 31% 26% 30% 31% 27%
33%
3% 4% 5% 4% 3% 5% 4% 3% 4% 5% 4% 6%
Initial
Vote
After
Edu.
Stmts.
After
Crit.
Stmt.
Initial
Vote
After
Edu.
Stmts.
After
Crit.
Stmt.
Initial
Vote
After
Edu.
Stmts.
After
Crit.
Stmt.
Initial
Vote
After
Edu.
Stmts.
After
Crit.
Stmt.
Total Yes
Total No
Undecided
Vote Progression:
February 2020 vs. May 2020 vs.
November 2021 vs. April/May 2022
Difference +25%+36% +23% +40%+49% +41% +34%+45% +36% +34% +42% +28% February 2020 May 2020 November 2021 April-May 2022
24 17
Conclusions
25 18
Conclusions
• A one-cent general purpose sales tax measure continues to appear to be viable based on reactions to the ballot summary tested. • Roughly six-in-ten continue to perceive the City has a great or some need for additional funds to provide the services residents need and want, but the percentage identifying a great need for additional funds remains modest. • Learning about the need to repair streets, aging and deteriorating City infrastructure, what the City could do to help address homelessness and that funds raised by this measure would be controlled locally are among the most compelling reasons to support it.
26 City of Goleta 2022
Community Priorities/
Budget Follow-Up
Survey
220-6392
27 ATTACHMENT 2
April 2022 Polling Questions
28 APRIL14, 2022
CITY OF GOLETA COMMUNITY PRIORITIES/BUDGET 2022 FOLLOW-UP SURVEY
220-6392
A/B SPLITS
FINAL DRAFT
MARGIN OF SAMPLING ERROR ±X.X% (95% CONFIDENCE LEVEL)
CONSULTANT DRAFT -- NOT FOR PUBLICATION. CA GOV’T CODE 6254.
Hello, I’m calling from _________, a public opinion research company. (IF RESPONDENT REPLIES IN
SPANISH, FOLLOW THE ESTABLISHED PROCEDURE FOR HANDING OFF TO AN INTERVIEWER WHO SPEAKS SPANISH.) I am not trying to sell you anything or ask for a donation of any kind. We are conducting a public opinion survey about issues that may concern residents of the City of Goleta (go-LEE-ta). May I speak with _________? (MUST SPEAK WITH VOTER LISTED. VERIFY VOTER LIVES AT THE ADDRESS LISTED -- OTHERWISE TERMINATE.)
A. Before we begin, I need to know if I have reached you on a cell phone, and if so, are you in a place where you can talk safely without endangering yourself or others?
Yes, cell and can talk safely------------------------------------------------------ 1 Yes, cell but cannot talk safely --------------------------------- TERMINATE No, not on cell ---------------------------------------------------------------------- 2 (DON’T READ) DK/NA/REFUSED ------------------------- TERMINATE
1. (T) Ok, let’s begin. Would you say that things in the City of Goleta (go-LEE-ta) are generally headed in the right direction or do you feel that things are off on the wrong track?
Right direction ---------------------------------------------------------------------- 1 Wrong track ------------------------------------------------------------------------- 2 (DON’T READ) DK/NA/REFUSED ------------------------------------------ 3
2. (T) Now, in your personal opinion, do you think the City of Goleta (go-LEE-ta) has a great need for additional funding, some need, a little need or no real need for additional funds to provide the level of City services that Goleta (go-LEE-ta) residents need and want?
Great need --------------------------------------- 1
Some need --------------------------------------- 2
A little need ------------------------------------- 3
No real need ------------------------------------ 4
(DON’T READ) DK/NA -------------------- 5
29 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 2
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
3. I’d now like to ask you about a potential local measure which may appear on an upcoming City of Goleta (go-LEE-ta) ballot, which may read as follows:
“To support Goleta’s (go-LEE-ta’s) 9-1-1 response (and) crime prevention; clean-up trash in creeks to maintain coastal waters; address homelessness (and) fire risks from illegal encampments; maintain public safety, clean (and) maintain public areas; repair streets (and) potholes; increase recycled water use for parks; retain local businesses (and)jobs; maintain open spaces/natural areas and for general government use; shall a meas ure be adopted establishing a 1¢ (one-cent) sales tax providing approximately $9,000,000 (nine million dollars ) annually until ended by voters, requiring public spending disclosure?”
Based on this description, would you vote yes in favor of the measure or no to oppose it? (IF YES/NO, ASK: “Is that definitely or just probably YES/NO?”) ( IF UNDECIDED, DON’T KNOW, NO ANSWER, ASK: “Do you lean toward voting yes or no?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON'T READ) DK/NA -------------------- 7
4. Now, I am going to read you some statements from people who may support this potential Goleta (go- LEE-ta) ballot measure. After hearing each statement, please tell me if this makes you more inclined to vote Yes on this measure. If you do not believe the statement, or if it has no effect on your thinking one way or the other, please tell me that instead. (IF MORE INCLINED, ASK: Is that much more or just somewhat?) (RANDOMIZE) (DON’T READ LESS INCLINED OR DK/NA)
MUCH SMWT TOTAL
MORE MORE (LESS DON’T NO MORE
INCL INCL INCL) BELIEVE EFFECT (DK/NA) INCL
(ASK ALL RESPONDENTS)
[ ]a. (T) (ACCOUNTABILITY) This
measure includes tough accountability
provisions such as public disclosure of
all spending, annual independent
financial audits and local control of all
funds. These fiscal safeguards will also
ensure that funds from this measure will
be used efficiently, effectively and as
promised. --------------------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
30 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 3
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
MUCH SMWT TOTAL
MORE MORE (LESS DON’T NO MORE
INCL INCL INCL) BELIEVE EFFECT (DK/NA) INCL
(ASK ALL RESPONDENTS CONTINUED)
[ ]b. (PT) (OUT-OF-TOWNERS) More
than forty percent of this sales tax will
be paid by people who do not live here
in Goleta (go-LEE-ta). This measure
will capture millions of dollars paid by
visitors and commuters from Ventura
County, northern Santa Barbara
County, Isla Vista (EYE-lah Vih-stah)
and the City of Santa Barbara who visit
Goleta (go-LEE-ta) to work or shop so
that they can contribute to maintaining
our local roads and keeping our
community safe. ------------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6 [ ]c. (T) (LOCAL CONTROL-STATE)
Goleta (go-LEE-ta) has lost millions of
dollars from State take-aways. This
measure requires that all funds raised
stay in Goleta (go-LEE-ta) for the
essential local services you rely on and
not a penny can be taken by
Sacramento. ------------------------------------ 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6 [ ]d. (T) (STREETS) The most recent
independent road engineers report rated
two-thirds of Goleta’s (go-LEE-ta’s)
streets and roads as “fair,” “poor,” or
“failed.” It is time we fund these
essential street and pothole repairs
before the problem gets even worse and
more expensive to fix. ------------------------ 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
31 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 4
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
MUCH SMWT TOTAL
MORE MORE (LESS DON’T NO MORE
INCL INCL INCL) BELIEVE EFFECT (DK/NA) INCL
(ASK ALL RESPONDENTS CONTINUED)
[ ]e. (T) (HOMELESS) Homelessness is a
serious problem in the southern part of
Santa Barbara and Goleta (go-LEE-ta)
is no exception. This measure helps
address homelessness and supports
those who are at risk of becoming
homeless by connecting them with
available non-profit and regional
organizations providing emergency
shelter, food services, and treatment for
mental health and addiction. This will
also help keep our neighborhoods,
business districts, parks and other
public areas clean and safe for
everyone. --------------------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6 [ ]f. (T) (INFRASTRUCTURE) When the
City of Goleta (go-LEE-ta) was
incorporated twenty years ago, it
inherited many old buildings from the
County, including an aging library and
a now 94-year-old community center.
This measure helps upgrade aging local
infrastructure by earthquake retrofitting
structurally unsafe buildings and
removing mold and asbestos; repairing
deteriorating gas and electrical lines,
and plumbing, to ensure our buildings
remain safe. ------------------------------------ 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
32 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 5
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
(RESUME ASKING ALL RESPONDENTS)
5. Now that you have heard more about it, let me ask you again about a potential local measure which may appear on an upcoming City of Goleta (go-LEE-ta) ballot, which may read as follows:
“To support Goleta’s (go-LEE-ta’s) 9-1-1 response (and) crime prevention; clean-up trash in creeks to maintain coastal waters; address homelessness (and) fire risks from illegal encampments; maintain public safety, clean (and) maintain public areas; repair streets (and) potholes; increase recycled water use for parks; retain local businesses (and)jobs; maintain open spaces/natural areas and for general government use; shall a measure be adopted establishing a 1¢ (one-cent) sales tax providing approximately $9,000,000 (nine million dollars ) annually until ended by voters, requiring public spending disclosure?”
Based on this description, would you vote yes in favor of the measure or no to oppose it? (IF YES/NO, ASK: “Is that definitely or just probably?”) (IF UNDECIDED, ASK: “What are you leaning towards, voting YES, or voting NO?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON'T READ) DK/NA -------------------- 7
6. I am now going to read some statements made by people who may oppose the proposed measure we have been discussing. After hearing each statement, please tell me if it makes you more inclined to vote no to oppose such a measure. If you do not believe the statement, or if it has no effect on your thinking one way or the other, please tell me that instead. (IF MORE INCLINED, ASK: Is that much more or just somewhat?) (RANDOMIZE) (DON’T READ LESS INCLINED OR DK/NA)
MUCH SMWT TOTAL
MORE MORE (LESS DON’T NO MORE
INCL INCL INCL) BELIEVE EFFECT (DK/NA) INCL
(ASK ALL RESPONDENTS)
[ ]a. (ECONOMY/CPI) With the cost of
living and gas prices sky high and
getting worse, this is not the time to
raise our taxes even further. ------------------ 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6 [ ]b. (REGRESSIVE) The poor and middle
class spend a bigger percentage of their
income than the wealthy on the types of
goods subject to sales tax. We need to
say no to a tax that places the burden on
the shoulders of poor and middle-class
residents. ----------------------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
33 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 6
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
MUCH SMWT TOTAL
MORE MORE (LESS DON’T NO MORE
INCL INCL INCL) BELIEVE EFFECT (DK/NA) INCL
[ ]c. (BUSINESS) COVID restrictions have
already pushed many local businesses to
slash hours or even close. The last thing
we need to do is drive up prices with a
sales tax, hurting small businesses just
as we start to recover. ------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
(ASK SPLIT SAMPLE A ONLY)
[ ]d. (NOT NEEDED) The City has the
money if you consider that it has $10
million (ten million dollars) in
reserves, it received $5 million (five
million dollars) from the federal
COVID recovery package, and collects
significant tax revenue from Costco,
Target, Home Depot and other national
retail stores in Goleta. ------------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
(ASK SPLIT SAMPLE B ONLY)
[ ]e. (WASTE) If the City just cut waste and
inefficiency and overly generous
executive salaries, benefits and
pensions, rather than spending millions
on unnecessary projects, like
purchasing City Hall for $11 million
(11 million dollars), there would be no
need to raise the sales tax. -------------------- 1 --------- 2 --------- 3 --------- 4 --------- 5--------- 6
34 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 7
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
(RESUME ASKING ALL RESPONDENTS)
7. Now that you know more, I would like to ask you one last time about a potential local measure which may appear on an upcoming City of Goleta (go-LEE-ta) ballot, which may read as follows:
“To support Goleta’s (go-LEE-ta’s) 9-1-1 response (and) crime prevention; clean-up trash in creeks to maintain coastal waters; address homelessness (and) fire risks from illegal encampments; maintain public safety, clean (and) maintain public areas; repair streets (and) potholes; increase recycled water use for parks; retain local businesses (and)jobs; maintain open spaces/natural areas and for general government use; shall a measure be adopted establishing a 1¢ (one-cent) sales tax providing approximately $9,000,000 (nine million dollars) annually until ended by voters, requiring public spending disclosure?”
Based on this description, would you vote yes in favor of the measure or no to oppose it? (IF YES/NO, ASK: “Is that definitely or just probably?”) (IF UNDECIDED, ASK: “What are you leaning towards, voting YES, or voting NO?”)
Definitely yes ----------------------------------- 1
Probably yes ------------------------------------ 2
Undecided, lean yes --------------------------- 3
Undecided, lean no ---------------------------- 4
Probably no ------------------------------------- 5
Definitely no ------------------------------------ 6
(DON'T READ) DK/NA -------------------- 7
THE FOLLOWING ARE MY FINAL QUESTIONS, WHICH ARE
JUST FOR CLASSIFICATION PURPOSES.
8. (T) Please stop me when I come to the category that best describes the ethnic or racial group with which you identify yourself. Is it…? (READ RESPONSE CHOICES)
Latino or Hispanic -------------------------------------------------------- 1 African American or Black ---------------------------------------------- 2 Asian or Pacific Islander ------------------------------------------------- 3 Caucasian or White ------------------------------------------------------- 4 Two or more races or ethnicities, or ---------------------------------- 5 Some other race or ethnicity (SPECIFY:_______) ----------------- 6 (DON’T READ) NA/REFUSED -------------------------------------- 7
35 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 8
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
9. (T) I don't need to know the exact amount but I'm going to read you some categories for household income. Would you please stop me when I have read the category indicating the total combined income for all the people in your household before taxes in 2021?
$30,000 and under ----------------------------- 1
$30,001 - $50,000 ----------------------------- 2
$50,001 - $75,000 ----------------------------- 3
$75,001 - $100,000 ---------------------------- 4
$100,001 - $125,000 -------------------------- 5
More than $125,000 --------------------------- 6
(DON’T READ) Refused/DK/NA --------- 7
THANK AND TERMINATE
GENDER: Male ---------------------------------------------- 1 Female ------------------------------------------- 2
Non-binary -------------------------------------- 3
LANGUAGE OF INTERVIEW: English ------------------------------------------- 1 Spanish ------------------------------------------ 2
PARTY REGISTRATION: Democrat ---------------------------------------- 1 Republican -------------------------------------- 2
No Party Preference --------------------------- 3
Other --------------------------------------------- 4
36 FM3 RESEARCH 220-6392 FINAL DRAFT PAGE 9
CONSULTANT WORKING DRAFT NOT FOR PUBLICATION. CA GOV’T CODE 6254.
FLAGS
P14 -------------------------------------- 1
G14 ------------------------------------- 2
P16 -------------------------------------- 3
G16 ------------------------------------- 4
P18 -------------------------------------- 5
G18 ------------------------------------- 6
P20 -------------------------------------- 7
G20 ------------------------------------- 8
R21 -------------------------------------- 9
BLANK ------------------------------- 10
VOTE BY MAIL
1 ----------------------------------------- 1
2 ----------------------------------------- 2
3+ -------------------------------------- 3
BLANK -------------------------------- 4
PERMANENT ABSENTEE
Yes -------------------------------------- 1
No --------------------------------------- 2
HOUSEHOLD PARTY TYPE
D1 --------------------------------------- 1
D2+ ------------------------------------ 2
R1 --------------------------------------- 3
R2+ ------------------------------------ 4
I1+ ------------------------------------- 5
Mixed ----------------------------------- 6
AGE
18-24 ------------------------------------ 1
25-29 ------------------------------------ 2
30-34 ------------------------------------ 3
35-39 ------------------------------------ 4
40-44 ------------------------------------ 5
45-49 ------------------------------------ 6
50-54 ------------------------------------ 7
55-59 ------------------------------------ 8
60-64 ------------------------------------ 9
65-74 ----------------------------------- 10
75+ ------------------------------------ 11
A/B SPLIT SAMPLE
Split A ---------------------------------- 1
Split B ---------------------------------- 2
COMPLETED BASELINE SURVEY
Phone ----------------------------------- 1
Online ----------------------------------- 2
MODE OF INTERVIEW
Phone ----------------------------------- 1
Online ----------------------------------- 2
MODE OF CONTACT
Email------------------------------------ 1
Phone ----------------------------------- 2
Text ------------------------------------- 3
DATE OF INTERVIEW
April 21 -------------------------------- 1
April 22 -------------------------------- 2
April 23 -------------------------------- 3
April 24 -------------------------------- 4
April 25 -------------------------------- 5
April 26 -------------------------------- 6
April 27 -------------------------------- 7
April 28 -------------------------------- 8
April 29 -------------------------------- 9
April 30 ------------------------------- 10
37 ATTACHMENT 3
Props and Measures Amendment No. 3
38 City of Goleta
Amendment No.3 to Agreement No. 2021-047.02
AMENDMENT NO. 3
TO A CONTRACT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF GOLETA
AND TERRIS BARNES WALTERS BOIGON
HEATH LESTER, INC.
DBA PROPS AND MEASURES
This Amendment No. 3 to a contract for Professional Services by and between the City of Goleta, a municipal corporation ("City") and Terris Barnes Walter Boigon Heath L ester, I nc. dba P rops and Measures, ("Consultant") dated June 21, 2021 ("Agreement,'' Agreement No. 2021-047) is made this 7th day of June 2022.
SECTION A. RECITALS
1. T his Agreement is for provision of strategic support and expertise in public outreach consulting services to assist the city in performing public outreach and was authorized on June 21, 2021 in the amount of $45,000; and
2. T he Agreement between City and Consultant was amended by Amendment No. 1 on January 18, 2022 , that provided Section 3 of Subsection (a) for a total compensation amount not to exceed $76,000; and
3. T he Agreement between City and Consultant was Amended by Amendment No. 2 on April 19, 2022, that provided Section 3 of Subsection (a) for a total compensation amount not to exceed $116,000; and
4. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of thirty thousand dollars ($30,000) for continued services; and
5. The City Council approved this Amendment No. 3, on this 7 th day of June 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
DocuSign Envelope ID: 6DBD7BBF-C2AE-4A11-835E-5B68A9AFC91B 39 City of Goleta
Amendment No.3 to Agreement No. 2021-047.02
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $30,0 00 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 146,000 (herein "not -to-exceed amount") and shall be earned as the work progresses.
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No.3 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
Michelle Greene, City Manager Jared Boigon, Partner CEO
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk David Tick, CFO
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: 6DBD7BBF-C2AE-4A11-835E-5B68A9AFC91B 40 ATTACHMENT 4
Props and Measures Agreement No. 2021-47
and Amendments No. 1 and No. 2
41 City of Goleta
City Manager’s Office and Props and Measures
Project Name: Professional Outreach Services
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND TERRIS BARNES WALTERS BOIGON
HEATH LESTER, INC.
DBA PROPS AND MEASURES
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of June, 2021, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and TERRIS BARNES WALTERS BOIGON HEATH LESTER, INC . dba PROPS AND MEASURES, a California Corporation (herein referred to as "CONSULTANT").
WHEREAS, the CITY has a need for profess ional public outreach consulting services to assist the City in performing public outreach; and WHEREAS, the CITY does not have the personnel available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
WHEREAS, the CONSULTANT was selected based on expertise and is capable of providing the services agreed to herein and are sufficiently familiar with the needs of the CITY; and
WHEREAS, the City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.
CITY and CONSULTANT agree as follows:
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facili ties to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional public outreach services in conjunction with developing outreach materials, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.
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City Manager’s Office and Props and Measures
CONSULTANT shall deliver to CITY th e deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $45,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY as set forth in CONSULTANT's Schedule of Compensation marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until November 1, 2022, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed. All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services descri bed in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra se rvices shall be at the hourly rates set forth in Exhibit “ B”. Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Ryan Kintz.
Project Manager shall have the authority to ac t on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
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City Manager’s Office and Props and Measures
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to November 1, 2022, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and inter nal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional se rvices which are personal to CITY.
PROPS AND MEASURES and subcontractor TERRAIN CONSULTING is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT ’s contractors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability oc cur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT. Notwithstanding the above, the CONSULTANT is not responsible for the accuracy and completeness of the data provided by the CITY.
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City Manager’s Office and Props and Measures
(b) Defense and Indemnity of Third Party Claims/Liability. CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, dem ands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULT ANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers , agents, employees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any ac tivity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adj usting costs and any other costs required for and related thereto.
(c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY , of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Professional liability insurance that covers the services to be performed in connection with this agreement, in th e minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement.
CONSULTANT agrees to maintain contin uous coverage through a period no less than three years after completion of the services required by this agreement.
b) Liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
45 City of Goleta
City Manager’s Office and Props and Measures
c) E vidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in l imits except after 30 days’ prior written notice has been given to CITY. Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
d) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT ’s employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
e) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
f) There shall be no recourse agains t CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, ac tual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not rep laced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
g) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligatio n or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
46 City of Goleta
City Manager’s Office and Props and Measures
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONS ULTANT fail to make such correction in a reasonably timely manner, such correcti on shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anyt hing done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failur e to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontracto rs, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or erro r in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time shee ts, work progress reports, invoices, bills and project records for at least two years afte r termination or final payment under this AGREEMENT.
47 City of Goleta
City Manager’s Office and Props and Measures
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural an d vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
48 City of Goleta
City Manager’s Office and Props and Measures
21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, li censes, and certificates that may be required in connection with the performance of services under this AGREEMENT.
27. CAPTIONS
The captions or headings in this AGR EEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized th e execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, ag ents, employees, successors, assigns,
49 City of Goleta
City Manager’s Office and Props and Measures
principals, partners, joint venturers, insur ance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rem aining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Jared Boigon
50 Osgood Place, 4th Floor
San Francisco, CA
94133
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
50 City of Goleta
City Manager’s Office and Props and Measures
In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Michelle Greene, City Manager Jared Boigon, Partner/CEO
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk David Tick, CFO
APPROVED AS TO FORM:
______________________________
Winnie Cai, Assistant City Attorney
51 Exhibit A
Scope of Work
PROPS AND MEASURES
SCOPE OF WORK AND SERVICES
Project: City of Goleta Professional Outreach
A. Feasibility Assessment. Props and Measures shall perform any of the following services as needed to assess the electoral feasibility of the Revenue Measure for Client:
1) Develop potential Revenue Measure strategies to meet Client’s funding needs to be tested in polling;
2) Collaborate with Client’s pollster to design, conduct and analyze an opinion survey of voters within Client’s jurisdiction to assess the electoral feasibility of a Revenue Measure;
3) Conduct a demographic analysis of voters with in Client’s jurisdiction and how they break into key sub-groups by age, ethnicity, political party, length of residency, and other key criteria;
4) Analyze past election results in the ju risdiction and region to understand voter turnout trends and other relevant voting patterns;
5) Research other local tax proposals that may be heading to an upcoming ballot that could compete with Client’s Revenue Measure; and, 6) Make a specific recommendation regarding type of revenue measure to pursue, optimal election date, election type (polling place or mail-in), tax rate, tax structure and other important Revenue Measure features to the District.
B. Ballot Measure Development. Prior to Approval of a Revenue Measure by Client's governing body (the term "Approval" meaning the governing body having taken action to adopt a resolution or ordinance calling for an election with respect to the Revenue Measure), TBWBH shall perform the services described in items 1-8 below, as needed, to assist Client in preparing the Revenue Measure for the ballot, and within fourteen (14) days after Approval of a Revenue Measure, TBWBH shall perform the services described in item 9 below, as needed, each of the services to be subject to Client's approval as required by Section 7 below:
1) Recommend a final tax type, tax ra te, duration and tax structure; 2) Recommend the final the list of projects, programs and services to be funded by the measure and prepare messaging that clearly articulates how these programs will benefit from additional revenue provided by the measure; 3) Recommend any exemptions and procedures for qualifying for exemptions (e.g. senior exemption applications and process);
52 4) Recommend procedures for the taxpayer accountability protections, including a process for an independent citizens’ oversight committee; 5) Work with legal counsel to develop a resolution or ordinance calling for the election;
6) Work with legal counsel to develop the 75-word ballot question; 7) Work with legal counsel to develop and refine the full text of the measure and other materials that will appear in the ballot pamphlet mailed to all voters; 8) Present recommendations, documents and reso lutions to Client’s administration and governing body for approval
C. Public Information. TBWBH shall perform any of the following services as needed to raise awareness of Client’s funding needs and the Revenue Measure proposal, each of the services to be subject to Client's approval as required by Section 7 below:
1) Develop informational fact sheets to be distributed at community functions 2) Provide content related to the Revenu e Measure to be added to Client’s website, included in email updates and added to newsletters 3) Prepare PowerPoint presentation for community meetings 4) Produce any advertising related to potential Revenue Measure as directed by Client, which could include mailers, digital ads, videos or other items (budget not included in fee and to be approved separately by Client) (see Exhibit 1); 5) Develop strategies and plans to inform and engage key internal stakeholder groups
6) Develop strategies and p lans to inform and engage influential external groups including elected leaders, business leaders, city leaders, ethnic community leaders, faith community leaders, taxpayer groups and others
D. PAYMENT TERMS
Services for this scope of work have a not-to-exceed amount of $45,000. Props and Measures Fee Schedule is provided below.
53 Exhibit B
Schedule of Compensation
Special Payment Terms:
Not to Exceed Forty-Two Thousand Dollars ($45,000) for professional fees in seven (7) monthly payments as follows:
x Six Thousand dollars ($6,000) upon executio n, which shall be prorated based upon the execution date of this Agreement;
x Six Thousand dollars ($6, 000) on July 1, 2021;
x Six Thousand dollars ($6,000) on August 1, 2021;
x Six Thousand dollars ($6,000) on September 1, 2021;
x Six Thousand dollars ($6,000) on October 1, 2021;
x Six Thousand dollars ($6,000) on November 1, 2021;
x Six Thousand dollars ($6,000) on December 1, 2021;
Up to $3,000 of costs for graphic design, printing , bulk postage, mail house processing fees, or digital media buys.
54 55
56 DocuSign Envelope ID: 27CA31B9-0A16-44A8-A2BE-F21E054FCD0C City of Goleta
Amendment No.2 to Agreement No. 2021-047.01
AMENDMENT NO. 2
TO A CONTRACT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF GOLETA
AND TERRIS BARNES WALTERS BOIGON
HEATH LESTER, INC.
DBA PROPS AND MEASURES
This Amendment No. 2 to a contract for Professional Services by and between the City of Goleta , a municipal corporation ("City") and Terris Barnes Walter Boigon Heath Lester, Inc. dba Props and Measures, ("Consultant") dated June 21, 2021 ("Agreement,'' Agreement No. 2021-047) is made this 19th day of April 2022.
SECTION A. RECITALS
1. This Agreement is for provision of strategic support and expertise in public outreach consulting services to assist the city in performing public outreach and was authorized on June 21, 2021 in the amount of $45,000; and
2. The Agreement between City and Consultant was amended by Amendment No. 1 on January 18, 2022, that provided Section 3 of Subsection (a) for a total compensation amount not to exceed $76,000; and
3. The parties desire to amend the Agreement so as to provide for additional compensation in the amount of forty thousand dollars ($40,000) for continued services; and
4. The City Council approved this Amendment No. 2 , on this 19th day of April 2022.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. Subsection (a) of Section 3. COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $40,000 and to read in its entirety:
(a) Maximum and Rate. The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $116,000 (herein "not -to-exceed amount") and shall be earned as the work progresses.
DocuSign Envelope ID: BAECA6BB-BAF6-4DB3-8DC3-7FE8D9D25A94 2021-047.2
57 DocuSign Envelope ID: 27CA31B9-0A16-44A8-A2BE-F21E054FCD0C City of Goleta
Amendment No.2 to Agreement No. 2021-047.01
2. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 2 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
Michelle Greene, City Manager Jared Boigon, Partner CEO
ATTEST:
Deborah Lopez, City Clerk David Tick, CFO
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
Winnie Cai, Assistant City Attorney
DocuSign Envelope ID: BAECA6BB-BAF6-4DB3-8DC3-7FE8D9D25A94 58