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CM-2016-1085 - 4/15/2016CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR OUTREACH AND COMMUNICATION SERVICES RELATED TO ECONOMIC DEVELOPMENT PROJECTS WITH GROUP SOLUTIONS RJW THIS AGREEMENT is made and entered into on this the day of 2016, by and between the City of Round Rock, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as the "City"), and Group Solutions RJW, whose offices are located at 8401 Shoal Creek Boulevard, Austin, Texas 78757 (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to contract for Consultant's services to provide outreach communication services related to economic development projects; and WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in Rill force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for six (6) months commencing March 1, 2016 and terminating September 30, 2016. 2.01 CONTRACT AMOUNT, PAYMENT FOR CONSULTING SERVICES In consideration for the services to be performed by Consultant, City agrees to pay Consultant an amount not -to -exceed Forty -Two Thousand and no/100 Dollars ($42,000.00), in payment for services described in the Scope of Services, attached as Exhibit "A" hereto and incorporated herein. 00353657/ss2 ,fir Z,v l L I D'm Not -to -exceed total. The total costs to be paid to Consultant shall not exceed Forty - Two Thousand and no/100 Dollars ($42,000.00). Monthly Retainer Fee. The City agrees to pay Consultant a non-refundable monthly retainer fee of Two Thousand Four Hundred Dollars ($2,400.00). This retainer is included in the not -to -exceed amount of $42,000.00. Reimbursable Expenses. No reimbursable expenses are authorized. 3.01 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "A." Consultant's undertaking shall be Iimited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended Scope of Services and in accordance with due care and prevailing consulting industry standards for comparable services. 4.01 MUTATION TO SCOPE OF SERVICES Consultant and City agree that the Scope of Services described in Exhibit "A," and may not be changed without the express written agreement of the parties. 5.01 REQUIRED DRAFT REPORTS AND FINAL REPORT Consultant agrees to provide City with any draft reports and a detailed final written report, together with all information gathered and materials developed during the Course of work, if requested by City and in a format requested by City. 6.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall snake all records and books relating to this Agreement available to the City for inspection and auditing purposes. Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 5.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.0 PROMPT PAYMEENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is later. Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the City in the event: (a) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be tate; or (c) The forms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 8.0 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City's current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate fiends sufficient to purchase the services as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Consultant a written notice of termination at the end of its then - current fiscal year. 9.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.0 TERIVIINATION; DEFAULT Termination: It is agreed and understood by Consultant that the City may terminate this Agreement for the convenience by written notice any time after three (3) months of the term has been completed. Immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in,providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the City and the terminated party to fiilfill contractual obligations, including the required monthly retainer fee for the remaining months of the Term. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the tenninated Party to fiilfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 11.0 NON -SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 12.0 CITY'S RESPONSIBILITIES Full information: The City shall provide full information regarding project requirements. The City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required to enable Consultant to provide the services called for. The City shall require its employees and any third parties who are otherwise assisting, advising or representing the City to cooperate on a timely basis with Consultant in. the provision of its services. Consultant may rely upon written information provided by the City and its employees and agents as accurate and complete. Consultant may rely upon any written directives provided by the City or its designated representative concerning provision of services as accurate and complete. Required materials: Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, if any. 13.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No parry has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perforin services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. (S) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 14.0 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or Iimit Consultant from providing similar services for other clients. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, dile or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services tinder this Agreement (other than Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to the Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 7 15.0 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re -perform any work no in compliance with this representation. 16.0 LD41TATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re -perform such services to the City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein, then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. 17.0 INDEMNII'ICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, or employees. 18.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other parry's prior written approval, which approval shall not be unreasonably withheld. 19.0 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; 8 (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf, or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 20.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. 21.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 22.0 DESIGNATION OIr' REPRESENTATIVES The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Will Hampton Communications Director City of Round Rock 221 East Main Street Round Rock, TX 78664 23.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Group Solutions RJW 8401 Shoal Creek Boulevard Austin, TX 78757 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 24.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 25.0 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 26.0 DISPUTE RESOLUTION The parties agree to attempt to resolve any dispute or claim arising out of this Agreement by mediation prior to filing a lawsuit. Either party may commence the mediation process by providing written notice to the other party. Within ten (10) days after receipt of the notice, the parties shall attempt to mutually select a mediator. If no agreement can be reached within ten (10) days of receipt of the notice, the City shall select one (1) mediator and Consultant shall select one (1) mediator and those two (2) mediators shall agree upon a third mediator to conduct the mediation. Any costs and fees, other than attorney fees, associated with the 10 mediation shall be shared equally by the parties. The parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 27.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement frons being void should a provision which is of the essence of this Agreement be detennined void. 28.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner- acceptable to the City and according to generally accepted business practices. 29.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 30.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 11 31.0 INSURANCE Consultant shall meet all City of Round Rock Insurance Requirements set forth at insurance requirements as required by the City's Purchasing Department as set forth 'at: http•//ww« roundi-ocktexas. og v/wp-content/uploads/2014/12/torr insurance 07.20112.pdf 32.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each Phase of this Agreement within the agreed project schedule may constitute a material breach of the Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure; delay or default, including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. 12 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. GROUPSUTIO S RJW By: Printed Name: © dv Title: Date Signed: 7 �� CITY OF D ROCK, TEXAS By: Ila Laurie Hadley, City Mana er FOR CITY, ATTEST: By: ( FOR CITY, PROVED TO ORM: By: Step an . Sheets, Ci. Attorney ®:R�� 13 EXHIBIT "A" SCOPE OF SERVICES Proposal to Provide Public Outreach and Communication Services for the City of Round Rock, Texas Group Solutions RJW proposes to provide outreach and communication services on behalf of the City of Round Rock. Group Solutions is an experienced, full service public involvement and communication firm. We focus on infrastructure projects in the public domain (i.e., water, wastewater, transportation, planning and public works). We routinely handle projects requiring easements and right of entries, work on projects in environmentally sensitive areas, and handle large, complex projects involving a variety of publics. Our consultants are experienced facilitators and communicators. Most have been trained by Hans Bleiker in the Systematic Development of Informed Consent. Proposed Work Program Group Solutions understands the City of Round Rock's needs are dynamic and changing. We propose the following work program, while being open to refocusing efforts and revising our approach based on the City's needs. We offer to: a. Serve as a set of neutral eyes and ears for the City. b. Meet with City representatives to discuss stakeholders, issues, communication objectives and potential citizen participation techniques. The intention is to understand the needs and objectives of the City as well as identify other potentially affected stakeholders and their interests. c. Support the City in developing a database of potentially affected stakeholders including neighbors, landowners, business groups, environmental interests, media representatives and others. d. Meet with key stakeholders and/or stakeholder groups to discuss project plans and identify any early concerns. e. Formalize with the City a program to provide information to potentially affected stakeholders and interested audiences, respond to questions and issues, and solicit public support. Based on meetings with City officials and key stakeholders, recommend appropriate citizen participation techniques and timing. f. Assist in implementing the aforementioned program. g. Communicate with stakeholders using appropriate citizen participation tools. Provide regular updates, offer information and respond to concerns. Serve as a point of contact for - 1 - EXHIBIT "A" SCOPE OF SERVICES citizens. Listen actively and work with the City to address legitimate issues raised by potentially affected stakeholders. h. Document input from stakeholders and actions taken. In summary, our approach is influenced by our core belief in the importance of transparency and engaging potentially affected stakeholders in meaningful ways so they have a stake in final decisions and outcomes. Company Experience Group Solutions has 24 years of experience on projects that require the ability to obtain input and consent from people, many times under stressful conditions. We have been called on to handle projects that stood in the spotlight of public or regulatory scrutiny, and to handle large projects, projects that have lasted up to eight years. We have led communication and public input efforts on projects in excess of $400 million. We are experienced and able to anticipate problems and issues before they occur, make appropriate adjustments, and complete projects as agreed. The Group Solutions team brings decades of "boots on the ground" experience to projects to complete them on time, on budget, and in a manner that inspires confidence. Examples of our project experience include: Brushy Creek Regional Water Supply Project City of Austin Water Treatment Plant 4 Trans -Texas Corridor Interstate 69 Project Dallas Area Rapid Transit Downtown Dallas Transit Study 183A Toll Project and 183A Toll Expansion Manor Expressway (290 Toll) Project City of Austin Comprehensive Plan (Imagine Austin) 183 South Toll Project Qualifications of Key Personnel Robena Jackson (Account Principal) Roberta Jackson has 25 years of public involvement and strategic communication experience. Roberta specializes in project management, community outreach strategy, informed consent techniques and large group facilitation. She has participated in several Bleiker Institute trainings, including the Systematic Development of Informed Consent. Robena holds a Master of Arts in Sociology from the University of Texas and is a past fellow of the University of Texas' Center for Public Policy Dispute Resolution. -2- EXHIBIT "A" SCOPE OF SERVICES Crispin Ruiz (Account Manager Crispin Ruiz has over 25 years of public involvement and public relations experience. She specializes in project implementation, stakeholder relations, writing and reporting and event planning. She has participated in several Bleiker Institute workshops to further her training in stakeholder communication. Crispin holds a Bachelor of Journalism degree from the University of Texas and is working to complete a Master's Degree in Communication Management from Syracuse University. Tracy Schell (Account Manager She brings more than 15 years of communication and community outreach experience. A graduate of the University of Texas, Tracy has worked on and/or managed communication projects for the Texas Beef Council, American Cancer Society, City of Austin Parks and Recreation Department and others. Other Team Members Depending on the needs of the City, Group Solutions can expand its team to include Don Martin, Howard Falkenberg or other communication professionals. Cost Proposal Group Solutions proposes a six-month contract, from March 1, 2016 through September 30, 2016, with a contract value not to exceed $42,000. Services will be billed at the rate of $180.00 for the Account Principal and $140.00 for Account Managers. The City will guarantee Group Solutions a monthly retainer of $2400 (which equates to approximately 13 hours from the Account Principal or 17 hours from the Account Managers, or a combination thereof). Should the City deem that services are no longer needed after three months, this contract will terminate without further obligation. -3- City of Round Rock f� ROUND ROCK rVU Agenda Item Summary Agenda Number: Title: Consider executing a Consulting Services Agreement with Group Solutions RJW for outreach and communication services for economic development projects. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/15/2016 Dept Director: Will Hampton Cost: Indexes: Attachments: Group Solutions RJW Agreement, Group Solutions RJW LAF Department: Administration Text of Legislative File CM -2016-1085 Consider executing a Consulting Services Agreement with Group Solutions RJW for outreach and communication services for economic development projects. Group Solutions will assist City staff with public outreach and communication services for economic development projects. The City has previously worked with Group Solutions RJW on another project that required public input which resulted in a successful communication plan to our citizens and neighboring cities. Their expertise and previous work history with the City and the Communication department will be beneficial for this project. This contract is for six months and in the amount of $42,000. The funds will be taking from Admin Contingency Funds. Staff recommends approval. City of Round Rock Page 1 Printed on 4/1112016