AGR-7660 - PIVOTAL STRATEGIES LLC - PUBLIC EDUCATION AND OUTREACH SERVICES - MARCH 12, 2024DocuSign Envelope ID:A5-75t314-52CE-4319-A329-0045B158E138
DS
f1GR-7660 [ 57-
PROFESSIONAL SERVICES AGREEMENT
Public Education and Outreach Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 12th day of March 2024 (the "Effective Date") by and
between the CITY OF ORANGE,a municipal corporation("City"),and PIVOTAL STRATEGIES
LLC, a California limited liability company ("Contractor"),who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement are not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Jack Morgan, Senior Assistant to the City Manager ("City's Project Manager"), shall be
the person to whom Contractor will report for the performance of services hereunder. It is
understood that Contractor's performance hereunder shall be under the supervision of City's
Project Manager(or his/her designee),that Contractor shall coordinate its services hereunder with
City's Project Manager to the extent required by City's Project Manager,and that all performances
required hereunder by Contractor shall be performed to the satisfaction of City's Project Manager
and the City Manager.
2. Compensation and Fees.
a.Contractor's total compensation for all services performed under this
Agreement, shall not exceed NINETY-EIGHT THOUSAND FIVE HUNDRED DOLLARS and
00/100 ($98,500.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
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3.Payment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c.Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work,extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an independent contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
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8. Designated Persons. Only those qualified persons authorized by City's Project
Manager,or as designated in Exhibit"A," shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within five(5)days of the Effective Date
of this Agreement and diligently prosecute completion of the work in accordance with the time
period set forth in Exhibit"A"hereto or as otherwise agreed to by and between the representatives
of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, shall be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity. During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex, national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
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sex,national origin, mental or physical disability,or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other forms
of compensation and selection for training, including apprenticeship. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
Contractor further agrees that it shall not be eligible to work as the design/build firm for the project
that is the subject of this Agreement.]
17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof,and the officers, officials, agents
and employees of City (collectively the "Indemnitees") entirely harmless from all liability arising
out of:
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' status as an independent contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation
employed by Contractor, either directly or by independent contract, including all damages due to
loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are the subject of
this Agreement, including injury or damage either on or off City's property; but not for any loss,
injury,death or damage caused by the active negligence or willful misconduct of City. Contractor,
at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such claim or liability
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covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against
the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage
under this subparagraph.
b. To the fullest extent permitted by law, and as limited by California Civil
Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability
arising out of any claim, loss, injury to or death of persons or damage to property to the extent
caused by its negligent professional act or omission in the performance of professional services
pursuant to this Agreement.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section shall survive any closing,
rescission,or termination of this Agreement,and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of One Million Dollars($1,000,000)per occurrence; or(2)all the insurance
coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily
injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimum amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance shall cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that
City, its officers, officials, agents, and employees are declared to be additional insureds under the
terms of the policy, but only with respect to the work performed by Contractor under this
Agreement. A policy endorsement to that effect shall be provided to City along with the certificate
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of insurance. In lieu of an endorsement,City will accept a copy of the policy(ies)which evidences
that City is an additional insured as a contracting party. The minimum coverage required by
Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability
insurance that is provided as part of the general or automobile liability minimums set forth herein
shall be maintained for the duration of the Agreement.
f.Reserved.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable to City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City,on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
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19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to terminate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City shall be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works," as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.gov/DLSR). Additionally,to perform work under this Contract,
Contractor must meet all State registration requirements and criteria,including project compliance
monitoring.
c.Contractor represents and warrants that it:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
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3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Compactor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subconsultants to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such employee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
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24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Pivotal Strategies LLC City of Orange
9619 National Blvd. 300 E. Chapman Avenue
Los Angeles, CA 90034 Orange, CA 92866-1591
Attn.: Brandon Stephenson Attn.: Jack Morgan
Telephone: 310-736-1032 Telephone: 714-744-2220
E-Mail: bstephenson@pivotalstrategies.com E-Mail: jmorgan@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
PIVOTAL STRATEGIES LLC, CITY OF ORANGE, a municipal corporation
a California limited liability company
DocuSigned by: r D ocuSigned by.
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Printed Name: Brandon Stephenson Daniel R. Slater, Mayor
Title: Fnunding Partner
DocuSigned by:
By: 17AF511F5RnndAS ATTEST:
Printed Name: Jonathan Lonner DocuSigned by:
Title: Founding Partner
f1B2AED BRBEG3G
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Mike Vigliotta
City Attorney
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
City.
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EXHIBIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
DocuSign Envelope ID:A5F75B14-52CE-4319-A329-00458158E138
PIVOTAL PUBLIC EDUCATION
AND COMMUNITY
OUTREACH
March 4, 2024
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RPIVOTAL[ 9619 National Blvd.
Los Angeles,CA 90034
Phone: 310.736.2337
March 4, 2024
Mr.Jack Morgan
Senior Assistant to the City Manager
City of Orange
Sent via email to jmorgan@cityoforange.org
Re: Pivotal Strategies Proposal for Public Education Services
Dear Mr. Morgan,
Thank you for inviting Pivotal Strategies to submit a proposal to the City of Orange for
educational and outreach services focused on a community conversation regarding the
City's budget shortfall and options for maintaining quality City services.
Proposing any type of cost cutting or revenue-raising measure places a city at a pivotal
moment with its constituents. How a city engages their community about a revenue
measure makes the difference between residents and businesses understanding their city's
challenges or losing confidence in their public servants.
Pivotal Strategies was founded on a simple premise - bring together a group of talented,
smart, and compassionate people who embrace the people we work with, enjoy the clients
we work for, and champion projects that make lasting improvements in Southern
California's diverse communities.
The Pivotal team can immediately become Orange's partner and launch a customized,
integrated, and multi-lingual education program to ensure constituents understand all
aspects of the City's budgetary challenges and the options it's evaluating to maintain a high
level of service.
Much like a city, Pivotal leverages a talented team that isn't afraid to work hard to
accomplish big projects within budget and on schedule. Our decades of experience, and
local expertise communicating budget balancing measures in California cities, helps us
stand out from other companies.
Our team has built countless successful strategic communications and community
engagement programs to help cities, counties, and other government agencies create
compelling narratives and engage communities on a wide range of issues.
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As a Los Angeles-based firm, Pivotal knows how important it is to be available for in-person
activities and to customize our education programs to individual Southern Californian
cities. From what messages should be communicated, to when and how, can vary greatly
from city to city.
Our team's public education covers diverse Orange County cities including Anaheim, Costa
Mesa, Los Alamitos and Westminster, as well as other Southern California cities such as
Burbank, Culver City, Downey, Duarte, El Monte, El Segundo, Glendale, Montclair, Norwalk,
Ontario, and South El Monte, among others.
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These cities can attest to the effectiveness of our programs and the ease of integration we
had with their teams. Please refer to the References section on page 11 for additional
information on some of these programs. We've also provided sample collateral in Appendix
A showcasing branding Pivotal created specifically for each public education campaign,
giving each campaign an easily identifiable and authentic"look and feel"for residents.
The Pivotal team has a decades-long relationship with Fairbank, Maslin, Maullin, Metz, and
Associates (FM3) on countless municipal clients. That experience will let us immediately
start working closely with FM3, and the data they collect on Orange, to immediately
construct a narrative demonstrating the City's strengths and challenges, and the avenues
available to close the City's budget gap, and most importantly the effects on City services,
infrastructure, and facilities going forward.
We're pleased to submit this proposal for a robust public education and outreach program.
Moving Forward Together
Based on our conversations, Orange has an important story to tell. Residents must be
educated about the City's current and projected financial shortfall, as well as the specific
nature and options available to capture the needed general fund revenue to maintain or
enhance City services.
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Action is needed, but action without educating the community can lead to confused
constituents and entrenched opposition to potential solutions. It is vital for the City to
create a comprehensive and consistent narrative that is transparent and inclusive. And
that's where the Pivotal team can help the City.
Our team knows how to break down complex issues for diverse communities, ensuring
they fully understand how additional revenue, or the lack thereof, will impact the City and
its services.
Working with the City's leadership, we'll explore the best way to educate the public about
the Citys current successes and future challenges, and potential solutions to protecting
City services that residents and businesses have come to expect.
The Roadmap
The City of Orange's partnership with Pivotal will take the City through every step of the
public education and outreach process to ensure as many members of the public as
possible are aware of the City's financial challenges and are invited to participate in a
discussion on the best steps to move forward. From Day 1, we'll be by your side providing
the expert counsel cities have come to expect from us.
While the specific strategy, messages, and tactics of the program will be determined in
collaboration with the City team and based on the polling the survey research firm will
conduct, the fundamentals of the public education program can be summarized in a
three-phase process:
Resew c4 Palely, micak
Phase One Phase Two Phase Three
Phase One would begin after the Council's decision to proceed with a public
education and outreach program. This research phase will focus on an analysis of
the survey research conducted by FM3, communication channels available to the
City, various stakeholder groups, and a kick-off meeting with City staff to discuss
strategy for the development and deployment of a public education program.
Phase Two is our program kick-off phase. We will develop a program brand with
compelling messages and educational materials necessary to communicate with
stakeholders and the broader community about the steps the City has taken to
strengthen its finances, forecasted challenges, and the options available to the City
to maintain its quality of life services for years to come. Outreach and education
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efforts will begin during this phase following the completion of our base educational
material.
Phase Three would begin in Summer 2024 if the City Council elects to place a ballot
measure on the November 2024 ballot. All Phase Two activities would continue, but
with a refined brand and messages, and more intensive public education activities
to ensure all residents are fully aware of the effects of the measure before voting
begins.
We pride ourselves on following the letter and spirit of communications regulations. This
includes following the rules that govern the type of messages that can be communicated
by a government entity for an education program. Our messages and activities will be
educational only, without any advocacy or spin. We believe that all activities and messages
should be reviewed by the City Attorney or other legal counsel to maintain the highest
ethical standards.
No two cities are the same, and its representatives from council, staff to legal counsel, have
varying comfort levels when it comes to a public education program for a potential revenue
measure. Pivotal has a long history of working with City representatives to customize a
public education program that all parties will be comfortable with.
Scope of Work
Pivotal designs its customized public education programs to raise awareness among
residents and businesses about the City's strengths and challenges, surrounding the
community with factual and compelling messages.
Our robust, integrated communications program proactively engages the public to provide
our educational messages and materials, creating touchpoints to surround constituents
with our messages to ensure the maximum education levels possible.
A timeline is included below detailing how the various components of this scope of work
will be employed to create a seamless, integrated program. As the City and its elected
leaders debate various options for addressing budget challenges, we'll tell the story about
the City's challenges through existing communication channels to make sure residents
don't see a potential revenue measure as something that is out of the blue or unnecessary.
Our goal in the initial outreach phase is to develop a community conversation where all
residents are able to participate and share their thoughts and ideas.
Depending on if the Council decides to submit a resolution to have a ballot measure on the
election, and if the City chooses to conduct a tracking survey, we would recommend
disseminating messages about the measure in June or July 2024. This natural progression
will ensure residents aren't blindsided by the idea of a revenue measure and that our
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public education material and messages are top of mind when voting begins in October
2024.
Pivotal's Services I The Winning Formula
Strategic Counsel: Orange needs a local, experienced, and responsive consultant that
can adapt their approach based on changes on the ground. We'll be that expert guide
directing which tools to use and when from our kickoff meeting through Election Day(if
needed).
Program Launch Meeting: We'll quickly coordinate a team meeting to go over our
proposed program and timing. The meeting will allow us to have a thorough discussion
about the Citys challenges, as well as the proposed program's goals, features, and
timing to ensure we're moving forward with a consensus approach. This would be
followed by brief weekly or bi-weekly calls with the frequency of our meetings varying
depending on the phase of the program.
Resolution and Draft Language Support: Many of our municipal clients elect to use
our expertise in reviewing draft ballot language and title, supporting"Whereas" clauses
for resolutions, and other supportive messaging in staff reports. This support is
available to the City should Council elect to place a measure the ballot.
Message and Theme Development: We'll develop the themes and messages that will
serve as the cornerstone for all public outreach and external communication activities.
These messages will rely heavily on those tested in the survey research and will
incorporate existing messages the City uses to communicate with its constituents. We
will create a core messaging document from which all written and verbal
communications will be based.
Brand Development: Every Pivotal municipal education program has a distinct brand,
something that will resonate with residents and business owners as being local and
authentic. Creating a unique brand for the program will allow all messages and
materials to be seen as part of a unified voice throughout all phases of the education
and outreach program.
Materials Development: Based on our theme and messages, we will develop a set of
multilingual collateral materials to communicate with residents. These materials would
have the look and feel of other City materials and would be our primary tool to
disseminate messages to external audiences. At a minimum, our materials will be
professionally translated and provided in English and Spanish, with options to add any
languages the City requests such as Vietnamese or Tagalog. Additional languages may
require a nominal additional fee above what is quoted in this proposal.
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o Fact sheet
o Frequently Asked Questions (FAQ) document
o PowerPoint presentation
o Palm Card (for public events)
Message Dissemination: We will work with the City to disseminate educational
messages through its existing electronic and printed newsletters, to reach a broader
audience and enhance our educational efforts. Additionally, we recommend that our
materials be placed in all City facilities and explore utilizing other City communications
platforms to distribute our messages/materials.
Community/Stakeholder Outreach: An expanded public education effort involves
consistent stakeholder engagement. These activities also play a critical role in gaining
valuable community feedback. Working closely with the City, we will help identify
stakeholders in the community to engage, who will hopefully help amplify the City's
messages to a wide array of audiences. We would work with the City to augment any
existing communications network of community stakeholders and ensure it includes
organizations such as:
o Homeowners associations o Ecumenical entities
o Civic associations o Large businesses
o Business groups
We'll reach out to these stakeholder organizations with our materials and encourage
them to share our information with their respective networks, allowing our messages to
organically spread throughout the community.
Online/Social Media: We will complement our traditional outreach methods with a
robust online presence to reach the broadest audience of Orange's residents. The City's
existing channels already have established audiences among residents and business
owners and distributing our messages through these trusted channels will ensure a
greater acceptance of the messages and wider distribution.
o Website: We will work with the City to populate its existing website with our
approved messages and information. We recommend the development of a
simple landing page to host our collateral materials and to serve as a
clearinghouse of information and messaging.
o Social Media: A vital avenue to further educate the public and share links to
outreach materials and other resources, Pivotal will create a social media
calendar and content for the City's existing social media channels. Whenever
possible, we will ensure that social media content is visually interesting,
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incorporating graphic elements and multimedia content. We also have
experience in creating and targeting paid digital ads should the City being
interested in broadening the reach of its social media efforts.
o E-Newsletter: The City's news and alerts platform will be a key channel to tell
the City's story including the budget shortfall and introduce the idea of a
potential revenue-raising measure to support and maintain City services.
Working with City staff, we'll develop a content calendar and craft a strategically
timed narrative.
Mail: Mail sent directly to voters is the most effective way to engage Orange's registered
voters and deliver the program's messages. Depending on the City's budget, and should
the City Council place a measure on the ballot, we recommend distributing at least two
bilingual educational pieces - one after the ballot letter designation following Labor Day
to build awareness around the matter, and one just before mail-in ballots are delivered.
This schedule can be adjusted depending on the City's preference and any guidance
provided by the City Attorney.
The price of direct mail varies based on size of material and timing, but our experience
and relationships with print and mail vendors allows Pivotal to secure quick and cost-
effective mailing options.Just like our other public education material, we recommend
these pieces include messaging in English and Spanish, and if additional languages are
required, direct readers in language to the website for additional information.
Media Relations: One of the quickest ways for a public communications program to
spin out of control is for the media to misinterpret the City's intentions or the potential
community impact of a revenue-generating measure. Should the need arise, we will
support the City in engaging with key reporters and editors, mainly from the OC Register
and Voice of OC.
Timeline
Below we have outlined a schedule of activities as detailed in our above scope of work,
running from March 2024 through Election Day in November 2024(if needed). Please note
that this schedule may change depending on factors on the ground including the Council's
decision to move forward with public education. If selected as your partner, we would
provide a detailed plan with specific dates, events, and deliverables.
PHASE ONE: RESEARCH
March 2024: Strategy and Planning
Kickoff team meeting
Analyze data and past communications
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Create reactive talking points for consistent City communications
Produce outreach strategy and calendar
PHASE TWO: DEVELOP
April 2024 July 2024: Branding, Message/Materials Development, Storytelling,
Initial Outreach
Develop program brand, themes, and core messages and finalize with City approval
Build outreach list identifying key stakeholder groups
Draft bi/multilingual collateral materials using approved messages and finalize with
City approval
Build social media calendar with content for the City to post on its online channels
Draft content for City's electronic communications
Draft content for City's website
If Council decides to pursue a ballot measure --
Develop ballot measure language with City team and FM3
Support City with ballot title/language, and craft"Whereas" clauses in implementing
resolution
If desired, work with FM3/City to support potential tracking survey to test
effectiveness of messages closer to Election Day (update core messages and
materials accordingly)
PHASE THREE: EDUCATE
August-November 2024: Enhanced Public Education and Stakeholder Engagement
Continued tactics from Phase Two
Engage targets on stakeholder outreach list and give presentations to interested
organizations
Educate public through existing online/City channels and disseminate educational
information
Update materials following ballot measure letter designation in August 2024
Distribute first multilingual direct mail piece and finalize with City approval -
September 2024
Distribute second multilingual direct mail piece and finalize with City approval -
October 2024
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Staying On the Same Page
Through regular team meetings and conference calls, the Pivotal team will provide
continuing status updates on the program's components, ensuring the timely completion
of individual tactics and measurable benchmarks.
We will also develop a task list to drive our activities and provide the City and Pivotal teams
a firm understanding of the deliverables in the days and weeks ahead. Pivotal can attend
any City Council or committee meeting to present and receive direction on our approach
and progress to date at the discretion of the City.
An Integrated Team
We firmly believe that City personnel are the most authentic voices for this public
education effort. As such, we recommend that City staff conduct any requested
presentations and lead any community meetings. Residents value personal interactions
with their City's leaders, and these meetings will strengthen the City's position as
responsive and accessible to constituents - a necessary component to effectively
communicate new policies and ideas.
About Pivotal Strategies
At any time, you might find yourself facing a pivotal moment. How you engage a
community, the media, sway public opinion or protect your brand from a crisis can
determine whether you can successfully reach your goals. When you're facing these types
of pivotal moments, make sure you have the right team in place.
campaigns
brand
moving campaign forward
your community
ideas
mission
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Pivotal Strategies is a Los Angeles-based public affairs and public relations firm. Our
passionate and experienced team creates innovative solutions to solve your complex
challenges. We're storytellers that establish our clients as thought leaders at the forefront
of change through strategic communications, campaigns and issues management and
engagement programs.
We move ideas and clients forward to positively impact the quality of life for all
Californians. We've helped our clients improve equitable access to health care and social
services, housing and mobility options, expand sensible development and enhance
essential neighborhood services.
Project Team
Our project team has an unmatched expertise with innovative local ballot measures, vast
experience with public education and communications programs, and local knowledge -
the three key ingredients the City must have for this program to be effective. Collectively,
we have decades of experience on the exact type of program Orange needs to engage and
educate its constituents.
Vice President I John Anderson
John will serve as Project Lead and your primary point-of-contact.
John not only manages our municipal programs, he's also the
driving force behind our creative content and digital
communications for government entities. Depending on our final
scope of work,John will manage all aspects of our portion of this
project, including overseeing the creation of all
documents/materials, managing all community engagement, and
ensuring that we keep to the project timeline agreed upon by the
City.
Senior Associate I Alina Ambrosino
Alina will serve as day-to-day support. She brings a
comprehensive suite of skills to support all facets of the project,
enriched by her four-year residency in the city of Orange as a
Chapman University student. Alina's time living in Orange also
affords her a deep understanding of the city's unique historical
charm and dynamic community of small business owners. Like
many Orange residents, Alina brings passion for her community
to her work and understands what it means to engage with a
diverse locale that cares deeply for its City.
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alli Founding Partner I Brandon Stephenson
Brandon will serve as Strategic Counsel and oversee the
v .1 framework and implementation of this project. For over 20 years,
he has played a game-changing role on numerous public
education programs and excels at crafting engagement programs
that resonate with diverse audiences.
References and Similar Projects
The following case studies are the projects closely related to the services Orange is seeking.
Please note that several of our previous clients retained the Pivotal team for a second time,
often with different municipalities, after successful public education programs with our
team. This speaks to the effectiveness of our programs and the ease of integration we had
with their teams. Each of the programs described below was worked on by members of the
team we're proposing for the City of Orange.
1.-
HE M C,
9 City of Anaheim 1 Measure J, November 2022
zReference: Greg Garcia, Deputy City Manager, Norwalk
u 'd a (ggarcia@anaheim.net, 714 765 5162)
4.4",,
4 7A • Previously engaged members of the Pivotal team to work on crisis
D ' 8NDED communications
Overview
As home to the theme parks of the Disneyland Resort and entertainment venues, the City
of Anaheim's visitor economy is the largest source of funding for public safety and
community services. However, the City's municipal code allowed online and other travel
companies to only pay taxes on the wholesale room rate paid to hotels, rather than on the
final hotel bill. Measure J would close that gap by removing any question that online and
other travel companies are subject to the City/s hotel tax on the full amount paid by
visitors, securing additional funding for the City's essential services.
Strategy
Communicate that new revenue from Measure j - the Anaheim Hotel Tax - would support
neighborhood services without impacting the City's tourism industry that fuels the City's
economy.
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Action
Working closely with the City's management and communications teams, we developed a
strategic program to engage and educate Anaheim's diverse communities to ensure voters
understood that Measure J wasn't a new tax or a tax increase, but rather levels the playing
field so that everyone would pay the same taxes on hotel stays.
We created foundational messages that explained what a hotel tax was, who pays for it,
and the essential services additional funding could support. This included how Measure J
would create up to $3 million a year in local revenue, which would help support street
maintenance and neighborhood services, including police, fire, parks and youth and senior
services.
Using a series of collateral materials that we created, we engaged Anaheim's faith-based,
service, and business organizations to educate these community leaders about Measure J
so they could share our information with their followers, allowing our messages to
organically spread throughout the community. Complimenting this grasstops outreach
were an article in Anaheim Magazine, which is distributed to every home and business in
Anaheim - as well as a mail program that directly engaged 115,000 households with
Measure J information.
Results
Anaheim voters ultimately approved Measure J with almost 59% support. We were able to
successfully educate voters that the measure was not introducing a new tax and would not
harm the City's vital tourism and entertainment sectors and would instead help support
vital community services.
STA-44- City of Costa Mesa I Measure Q, November 2020
Ass,
Reference:Alma Reyes, Deputy CityManager, Cityof Costa Mesari;ti P Y g
Ai"! alma.reves@costamesaca.gov, 714-754-5090)ii
Subsequently engaged Pivotal to work on City of Costa Mesa's Measure
ogPORaTtO K in November 2022 regarding land use and zoning
Overview
Leading up to the November 2020 election, members of the Pivotal team worked with the
City of Costa Mesa to execute a robust, bilingual public education program for Measure Q -
the Costa Mesa Retail Cannabis Tax and Regulation Measure. Like cities across the country,
Costa Mesa's short- and long-term finances had been significantly impacted by the
coronavirus pandemic (COVID-19), with a projected $29.8 million deficit. Measure Q would
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help address these financial challenges by empowering the City Council to adopt rules
permitting retail cannabis uses while applying a gross receipts tax on sales that could
generate up to $3 million annually for the Citys general fund and support essential
services.
Strategy
Make the Costa Mesa community comfortable with the idea of permitting retail cannabis
through a concerted education program designed to inform stakeholders about Measure
Q's proposed regulations and how enhanced revenues would support essential services.
Action
Our forward-looking program detailed the impact of Measure Q on the Costa Mesa
community- how new revenue would help support core City services, prevent cuts, and
invest in community services to keep Costa Mesa as the ideal place to live, raise a family,
and run a business for generations to come. It also focused on what cannabis retail would
look like in Costa Mesa, including the rules the City would develop for cannabis storefront
dispensaries and non-storefront delivery services that best serve the residents of Costa
Mesa.
All of our activities were geared toward reaching as many Costa Mesa residents as possible,
educating residents on what Measure Q would mean for Costa Mesa, using all of the
communications tactics available to us. Our outreach included fact sheets and FAQs,
stakeholder outreach to over 100 identified community groups, weekly newsletter
messaging and social media engagement that included educational videos from the City
communications team, as well as a direct mail program with three pieces sent to every
household in Costa Mesa.
Results
Our comprehensive public education program successfully engaged the broader Costa
Mesa community through traditional outreach and digital communications. Even as other
Orange County cities decided to not place retail cannabis measures on the 2020 ballot
because of community pushback, and other Orange County revenue measures failed,
Measure Q was ultimately passed with more than 65% of the vote.
City of Los Alamitos 1 Measure Y, November 2020
Reference: Chet Simmons, City Manager
csimmons@cityoflosalamitos.org, 562 431 3538)
t ' 1,Prior client from City of Westminster, Measure SS
a
c\
4144eule.
tati_vo' se
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Overview
The Pivotal team worked with the City of Los Alamitos to execute a robust, bilingual public
education program for Measure Y, the Los Alamitos Quality of Life, 911 Police Response,
Business/Job Protection Measure. The City's survey research determined the slimmest of
majorities supported the measure and pointed to the need for extensive external
communications and outreach. Beginning in June 2020 and running through the
November 3 election, we developed and implemented a comprehensive public education
program designed to educate Los Alamitos' diverse community.
5traegy
Conduct a robust informational program to ensure the public had complete and accurate
information regarding Measure Y, the impact of potential revenue on the City's budget, and
what quality-of-life services could be cut if additional revenue wasn't secured.
Action
Due to the pandemic, there were limited options available for stakeholder outreach and
community engagement. In addition to creating traditional collateral materials- a palm
card with fast facts about Measure Y, FAQ and fact sheet- and conducting phone/email
outreach, we worked with the City to host socially-distanced community events and pop-up
information booths in the local parks to directly engage constituents. A central piece of the
education program was proactively delivering our materials to residents. We created the
theme, graphics, and language for four bilingual mail pieces, which were delivered to all
registered households in Los Alamitos. Each mail piece had a unique theme: state of the
City, quality of life services, public safety services, and voting information. This was in
addition to a door-hanger program that communicated general election and Measure Y
information to all households throughout the City. To add an additional layer to the
program, we created a Measure Y landing page on the City's website with consistent social
media messages driving people to the page's information and updates.
Results
Our comprehensive public education program successfully engaged the Los Alamitos
community through traditional and digital communications, including a robust direct mail
program. We educated residents about why the City placed Measure Y on the ballot and
how additional revenues would help protect essential City services. Even with the survey
showing less than half of residents would vote yes, Measure Y was ultimately passed with
approximately 51% of the vote.
Proposed Budget
For the above-outlined scope of work, we have provided the below breakdown of fees and
recommended hard costs totaling a not-to-exceed amount of$97,500. This amount can be
decreased if the City decides to move forward with a more limited direct mail program.
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Please note our hard costs are reflective of the cost of services or goods and Pivotal doesn't
add a mark-up to any municipal program.
Program/Service Fee
Pivotal Fee Total (based on projected phased 65,000
activities and timeline over 9 months; includes
professional translation of core materials to Spanish)
Direct mail (two, 8.5 x 11" or similar-sized mailings to $32,500
all households, not just registered voters) covers two pieces - design,
printing, postage, mailing).
Additional Cost Option: 1,000 per language (not included
Professional translation for languages other than in above not-to-exceed amount)
Spanish, if needed
We're Ready to Begin!
We're excited at the prospect of working with City staff to ensure that the City of Orange
receives the best possible program - one that will consistently educate the City's
constituents and ensure the community is as informed as possible on the challenges the
City currently faces.
Pivotal has a thorough understanding of how to use a multi-faceted approach to effectively
engage with Orange's multilingual community and complement the available City resources
to ensure a comprehensive and successful program.
We seek to meet communities where they are by proactively using innovative tools and
methods to engage ethnic minorities, low-income, and other historically underrepresented
populations. We want everyone not only to know, but to be involved in this important
effort.
We're looking forward to your thoughts on this and, more importantly, to getting started.
Please contact John or Brandon at(310) 736-2337 or by email at
janderson@pivotalstrategies.com or bstephenson@pivotalstrategies.com with any
questions or if you need additional information. We're looking forward to hearing from you.
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