HomeMy WebLinkAbout28-City Administrator
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Administration
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Subject: Resolution of the City of San
Bernardino authorizing an agreement
with O'Reilly Public Relations to provide
community outreach services relating to
the annexation of three County Islands.
MCC Date: 06/17/2002
From: Fred Wilson, City Administrator
Date: June 11,2002
Synopsis of Previous Council Action:
05-23-2002 - Legislative Review Committee recommended approval of authorization to
proceed with the proposed annexation of three County islands located generally east of Central
A venue, north of Atlantic Avenue.
Recommended Motion:
Adopt Resolution.
Contact person: Teri Baker
Phone: 5122
Supporting data attached: Staff Report, Ward:
ResolutIOn, Agreement
FUNDING REQUIREMENTS: Amount: $5000.00
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Source: (Acct. No.) 001-092-5502
(Acct. Description) General Fund Professional 1
Contractual Services
Finance:
Council Notes:
~~ j:l~W-l 'l-?-'
Agenda Item No. -
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of the City of San Bernardino authorizing an agreement with O'Reilly Public
Relations to provide community outreach services relating to the annexation of three County
Islands.
BACKGROUND:
In order to help educate and inform residents on the issues relating to the annexation of three
County islands, it is proposed to use the services of a community outreach consultant. The firm
of O'Reilly Public Relations is being recommended to assist in this effort. O'Reilly Public
Relations has worked successfully throughout the region on numerous public affairs issues, and
government community relations outreach programs. Additionally, the firm specializes in
annexation and land-use related issues.
If approved, the services provided by the consultant will include: drafting a key message
document and collateral material; drafting and distributing community meeting correspondence,
briefing materials, and distributing a post meeting summary letter to residents; and preparing
follow-up collateral materials and media follow-up materials (if needed). These efforts will be
accomplished through mailings and community meetings. Upon execution of an agreement, the
firm will immediately begin working with staff to draft the materials described above.
FINANCIAL IMPACT:
Ifthe agreement is approved, the cost to the City to retain the services of O'Reilly Public
Relations will be $5000 from the General Government Professional/Contractual Services
Account Fund.
RECOMMENDATION:
Adopt Resolution.
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RESOLUTION NO. 2002-173
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH O'REILLY PUBLIC RELATIONS TO PROVIDE COMMUNITY
OUTREACH SERVICES RELATING TO THE ANNEXATIONS OF THREE COUNTY
ISLANDS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City an Agreement with O'Reilly Public Relations relating
to the annexation of three County islands, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as though ful1y set forth at length.
SECTION 2. The authorization to execute the above referenced agreement IS
rescinded if the parties to the agreement fail to execute it within sixty (90) days of the passage
of this resolution.
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2002-173
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AGREEMENT WITH O'REILLY PUBLIC RELATIONS TO PROVIDE COMMUNITY
OUTREACH SERVICES RELATING TO THE ANNEXATIONS OF THREE COUNTY
ISLANDS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint regular
and Common Council of the City of San Bernardino at a meeting thereof, held on the
17th day of June
, 2002, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
LIEN
x
MCGINNIS
x
DERRY
x
SUAREZ
x
ANDERSON
x
MCCAMMACK
x
, l}, ei,<1..,VL
2002,
The foregoing resolution is hereby approved this 20 th
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day of
June
Approved as to
Form and legal content:
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"0..t",/ <.
Judith Valles, Mayor
,Iity of San Bernardino
JAMES F, PENMAN,
City Attorney
By:
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2002-173
EXHIBIT A
SERVICES AGREEMENT
This Agreement is entered into this 17th day of June 2002, by and between
O'Reilly Public Relations ("PROVIDER") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, it has heen determined that it is advantageous and in the best interests of
the City of San Bernardino and residents located in three county islands adjacent to the CITY to
annex these areas into the City of San Bernardino; and
WHEREAS, annexation of these three unincorporated islands will positively position the
City of San Bernardino as a forward thinking city that promotes 'Good Government' practices;
and
WHEREAS, community outreach will enhance the reputation of the City of San
Bernardino by successfully positioning the annexation application as a positive step toward
improving the quality oflife for area residents; and
WHEREAS, the CITY desires to retain the services ofthe PROVIDER for the purpose
of providing community outreach services; and
WHEREAS, PROVIDER possesses the professional skills and ability to provide the
service and training for the CITY;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, PROVIDER will provide services as described in
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2002-173
PROVIDER'S proposal, a copy of which is attached hereto, marked Attachment "A" and
incorporated herein by reference as though fully set forth at length.
2. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one-year unless modified, amended,
or cancelled by the written mutual consent ofthe parties prior to said date.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party delivered to the party. The terms of this Agreement shall remain in force during
the term hereof unless mutually amended. The duration of this contract may be extended with
the written consent of both parties.
3. COMPENSATION.
Upon receipt of an invoice for the service delineated in the attached proposal,
PROVIDER shall be paid Five thousand dollars ($5000.00).
4. INDEMNITY.
PROVIDER shall indemnify, defend and hold harmless the CITY, its officers,
employees and agents (including, without limitation, reasonable costs of defense and
reasonable attorney's fee) arising out of or related to CITY'S performance of this Agreement,
except that such duty to indemnify, defend and hold harmless shall not apply where injury to
person or property is caused by CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the PROVIDER, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to PROVIDER'S performance of this Agreement, except that such duty
to indemnify, defend and hold harmless shall not apply where injury to person or property is
caused by PROVIDER'S willful misconduct or negligence. The costs, salary and expenses of
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2002-173
the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY
shall be considered as "attorneys' fees" for the purposes of this paragraph.
5. INSURANCE.
While not restricting nor limiting the foregoing, during the term of this Agreement,
PROVIDER shall maintain in effect policies of general commercial liability in the amount of
$1,000,000.00 combined single limit and shall file copies of said policies with the Risk
Manager of the CITY prior to undertaking any work under this Agreement. CITY shall be set
forth as an additionally named insured in each policy of insurance provided hereunder. The
Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
PROVIDER shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. NO EMPLOYMENT.
PROVIDER shall perform work tasks provided by this Agreement but for all intents
and purposes PROVIDER shall be an independent contractor and not an agent or employee of
the CITY.
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20C2-173
8. NOTICES.
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Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY:
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City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
TO THE PROVIDER:
O'Reilly Public Relations
3403 Tenth Street Suite 110
Riverside, CA 92501
F3csimile (909) 781-0845
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
,2002
O'Reilly Public Relations
Date: June
By:
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Patrick O'Reilly, 'Pre~ident/CEO
Date: June :,"! I r ,2002
City of San Bernardino
Date: June 17 , 2002
By: // ~. ( (
/'Ju~ith Valles, Mayor
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Attorney
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By:q:~;~ey
Lewis, D' Amato, Brisbois, Bisgaard
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20(12-173
June 17, 2002
O'RE::'iLLt [J()EJI Ie REL./)
Fred A. Wilson
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino Ca, 92418-0001
Dear Fred:
Thank you for inviting us to submit this proposal to serve as the Community Relations
Consultant for the City of San Bernardino relating to the proposal annexation of County
islands located adjacent to the City. We have revised this proposal to incorporate the
workscope changes we discussed with Teri Baker of your office.
OPR Inland EmDire Backl!round
O'Reilly Public Relations (OPR) is the largest public relations firm in the Inland Empire.
Our office has worked successfully throughout the region on numerous public affairs,
government relations and community relations outreach programs.
OPR also specializes in land-use related issues and projects and have had a number of
successes both for and against annexation efforts including:
. Citizens For Good Government - Provided successful strategic plan for community
action groups opposed to City of Fontana's annexation attempt
. "Donut Hole" Property - Organized a public outreach campaign to defeat the City of
Redlands annexation attempt of the "Donut Hole"
. San Bernardino County Dairy Preserve - OPR designed and implemented a public
relations program that led to the successful annexation of 1,600 acre preserve to the
City of Chino
SITUATION
Surrounded by the boundaries of the City of San Bernardino are three unincorporated
territories or 'islands' which include a total of approximately 200 individual land parcels.
The City is considering the annexation of the three islands. The City is in the process of
considering whether to submit an application with the Local Agency Formation
Commission (LAFCO) and is currently considering strategies for community outreach.
Annexation of the parcels would streamline the public safety services by placing both fire
and police services under City authorization. Potential resident benefits include shortened
emergency response times by law enforcement and the fire department.
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2002-173
Annexation Proposal
June 17, 2002
2of3
However, the primary concern of the unincorporated area residents to the City annexation
would have been the payment of the city utility tax. However, it is our understanding that
the City will not seek to impose the Utility User Tax upon those three annexation areas.
GOALS
. Enhance the reputation of the City of San Bernardino by successfully positioning the
annexation application as a positive step toward improving the quality oflife for area
residents.
. Positively position the City of San Bernardino as a forward thinking city that
promotes 'Good Government' practices.
. Clearly and accurately communicate project information and benefits among target
audiences.
STRATEGIES
. Be proactive. Clearly identify and communicate annexation public benefits.
. Be constant and consistent with communications. Interruptions or distractions will
prevent a compelling argument from resonating, and allow for the dissemination of
inaccurate information
. Utilize area Councilmember as key feature of outreach efforts, personalizing and
demonstrating the City's desire to be "actively engaged and listening".
TACTICS and TIMING
. Phase I: Internal Research (Weeks 1 through 3)
-Step 1: Draft key messages document
-Step 2: Draft collateral materials (Fact Sheet, Q&A etc.)
. Phase 2: Pre-application Submittal (Weeks 4 through 6)
-Step 3: Draft and distribute community meeting correspondence
-Step 4: Draft media briefing materials
-Step 5: Draft and distribute post meeting summary letter to residents
. Phase 3: Post-application submittal (Weeks 7 and 8)
-Step 6: Prepare any follow up collateral materials (if needed)
-Step 7: Prepare any media follow up materials (if needed)
20C2-173
Annexation Proposal
June 17, 2002
30f3
BUDGET
OPR estimates fees for this project to be approximately $5,000 for the above referenced
work scope.
The above program was tailored to address the relatively small universe of residents
associated with this particular unique annexation. Communication programs for large
annexation proposals should also include the following elements for consideration:
Research
. Public Opinion Survey
. Focus Groups
. Messaging Deck
. Target Audience Inventory and Target List
. IdentifY third party validators
Community Relations
. Coalition Development
. Community Advisory Council Development
. Direct Mail Program
. Townhall Meeting Program
. Speakers Bureau design and coordination
Media Relations
. Reporter briefings
. Editorial board briefings
. Author opinion/editorial articles
. Appoint project spokesperson
. Public Service Announcements (PSA's)
. Local cable buy
. Newspaper advertising
Again, thank you for considering O'Reilly Public Relations for this effort. We look
forward to the opportunity to work with you and are prepared to answer any questions you
may have regarding this opportunity
Sincerely,
Patrick 1. O'Reilly
President! CEO
Lou Monville
Public Affairs Director
Taylor Mi
From:
Sent:
To:
Cc:
Subject:
Clark_Ra
Monday, June 24, 2002 9:26 AM
Baker Te
HartzeCLi; Medina_Sa; Otterbein_Do; Taylor_Mi; Wilson_Fr
RE: Agreement between O'Reilly Public Relations and the City
Hi Teri,
Following up on our conversation, thanks for the email below and for the clarification. As I indicated, the Reso authorizes
the Mayor to execute the agreement and we have up until 90 days to execute the agreement.
The Mayor has signed the reso. As soon as you have the hard copy of the revised agreement and it has been signed by
Mr. Sabo, please send it to Michelle Taylor or call her at extension 3206 so that she can take care of getting it executed by
the Mayor and then I'll attest to her signature.
At that point, we should all be on the right track.
Call me if you have any questions.
-----Original Message-----
From: Baker_Te
Sent: Monday, June 24, 2002 8:14 AM
To: Clark_Ra
Cc: HartzeLLi; Medina_Sa; Otterbein_Do; WilsonJr
Subject: RE: Agreement between O'Reilly Public Relations and the City
Rachel,
Once Fred made me aware of what transpired at the Council meeting, I contacted Sandy
immediately and made her aware that I was working with Tim Sabo on some changes to the
agreement. I explained that I could execute the agreement and she said that was fine just to
make sure that the Clerk's Office was provided with the original. I have the original ready to go to
O'Reilly for their signature (Fred and Tim Sabo have signed it). I was waiting on a revised
proposal from O'Reilly (Tim had changes to that as well) before sending it to them. However, now
that you say the resolution was approved, we may have a problem. I think the resolution
authorized the Mayor to sign off on it, not Fred. I could print a new agreement with a signature
line for the Mayor and Tim Sabo and the Clerk's Office could execute it?
I'm sorry for the confusion, I was a bit confused myself.
Teri
-----Original Message-----
From: Clark_Ra
Sent: Friday, June 21, 2002 1:10 PM
To: Baker_Te
Cc: HartzeLLi; Medina_Sa; Otterbein_Do; Wilson_Fr
Subject: Agreement between O'Reilly Public Relations and the City
Hi Teri,
1
.
At Monday's Council meeting the Council approved the Resolution authorizing execution of the above-referenced
agreement; however, as Deputy City Clerk Hartzel listened to the tape of the meeting, she realized that Attorney
Tim Sabo indicated some minor changes needed to be made to the agreement.
The Mayor signed the Resolution; however, she did not sign the Agreement that was attached and I do not know if
that was intentional or not. We now have the original agreement that was presented at Monday's Council meeting
and it needs the Mayor's signature. Before we have the Mayor sign it, I thought I'd better check to see if the
agreement needed to be revised based on Mr. Sabo's comments. Fred advises that Mr. Sabo already gave you a
revised original agreement and that it has been executed.
This was news to us! The City Clerk's Office is responsible for tracking and filing all ORIGINAL Resolutions,
Ordinances, Agreements and we have to be in the loop. If in fact a revised agreement has been executed, please
return the original document to this office so that it can be filed together with the original Resolution.
I can't emphasize enough how important it is for departments to ensure that the City Clerk's Office retain
ORIGINAL documents.
Please call me if you have any questions. Thanks.
Rachel G. Clark
(909) 384-5002
City Clerk
clark ra@ci.san-bernardino.ca.us <mailto:clark ra@ci.san-bernardino.ca.us>
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" StrcCl. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsanMbernarJino.ca.us
Sf.'
July 1.2002
Mr. Patrick O'Reilly, President/CEO
O'Reilly Public Relations
3403 Tenth Street, Suite 110
Riverside, CA 92501
Dear Mr. O'Reilly,
At the Mayor and Common Council meeting of June 17, 2002, the City of San Bernardino
adopted Resolution 2002-173 - Resolution authorizing an agreement with 0 'Reilly Public
Relations to provide community outreach services relating to annexation of three County islands.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
executed agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 90 days, or by September 16, 2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
i
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Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARlllNO
ADOPTED SH:\REU VALUES: Integrily . Accountahilit)' . Respect rOl Hurnan Dignity. Honesty
"
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 5, 2002
TO:
Teri Baker, Administrative Analyst II
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-173 - O'Reilly Public Relations
CC:
Finance
Attached is a fully executed copy of the agreement with O'Reilly Public Relations to provide
community outreach services relating to annexation of three County islands, The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
. .
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I, - I, - 0:;), Item #
Vote: Ayes 1-4 iP t-r Nays..e--
)
Change to motion to amend original documents: -
..2 'K Resolution # c2{){);), - J '79
Abstain -e Absent c:.,
Reso. # On Attachments:
Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: L, - I ~ - 0 ;;V
Date of Mayor's Signature: ~ 'dO -o?-
Date of ClerklCDC Signature: <:c, - do -0 r
NnllNoid After: eta d~ q -1(,,- O~
I
By: -
Reso. Log Updated:
Seal Impressed:
,/
0/
Date MemolLetter Sent for Signature: '1- 1-0 ~
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ./ Date Returned: f) - 5-0 ?
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (64\3, 6429, 6433, 10584, 10585, 12634):
Updated CDC Perso,nnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
Yes / No By
Yes No ,/ By
Yes No .L...- By
Yes No ,/ By
Yes No t/ By
EDA
Finance./ MIS
An m; n \ s:\TGcl-oy
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: '1-S -0 ?-
Revised 01/12/01