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HomeMy WebLinkAbout07-15-2014 C7 Crime Prevention Contract RFPCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Steve Gesell, Chief of Police Prepared By: Christine Wallace, Neighborhood Outreach Manager SUBJECT: CRIME PREVENTION MEDIA SERVICES REQUEST FOR PROPOSAL RECOMMENDATION 1. Authorize the release of a Request for Proposal (RFP) for crime prevention and community outreach marketing services for fiscal year 2014-2015 in an amount not to exceed $20,000, with the option to extend two additional years. (Specification No. 91302). 2. Authorize the City Manager to execute an agreement with the selected vendor. DISCUSSION Background The Police Department has contracted with a professional marketing firm to develop messaging print and web-based material focused on neighborhood issues and specific crime problems in the City. The contract allows the Police Department to communicate information regarding municipal codes, neighborhood expectations and public safety to all residents, but with an emphasis to students. The current contract with Verdin Marketing expired June 30, 2014. As the Police Department has contracted with Verdin for a number of years, staff believes it is appropriate to release a new RFP. If marketing services are required during the RFP submittal time period, the Police Department has a separate contract services account available to cover necessary expenditures. The RFP will solicit proposals from marketing and advertising firms or consultants who can provide professional guidance, oversight and design for the Office of Neighborhood Services community outreach information. The focus of the community outreach will be primarily on neighborhood wellness and building community involvement and crime prevention. Staff will ensure the messaging is consistent with and complimentary to any outreach associated with the Community Civility effort and the Neighborhood Wellness Major City Goal. FISCAL IMPACT Marketing and outreach funds in the amount of $20,000 per fiscal year are included in the Police Department’s budget. There will be no additional impact to the General Fund associated with this action. ALTERNATIVES 1. Modify the RFP. Staff could be directed to modify the RFP to focus on different subject matter or target audiences. Staff believes the focus of the RFP is most in line with the 7-15-14 C7 C7 - 1 CRIME PREVENTION MEDIA CONTRACT RFP Page 2 current needs of the City. Staff will have the flexibility under the contract to adjust the focus of the marketing to meet emergent needs. 2. Reduce the Budgeted Allocation. Reducing the budget would significantly curtail the quality and amount of outreach the Police Department will be able to conduct. 3. Decline to Authorize the RFP. Staff does not recommend this alternative. Because of the transient nature of student age residents in the city, there is a need to continually communicate neighborhood wellness initiatives ATTACHMENT 1. RFP for Neighborhood Wellness and Crime Prevention Media Services docume T:\Council Agenda Reports\2014\2014-07-15\Approval of RFP for Crime Prevention Contract (Gesell-Wallace)\CAR CRIME PREVENTION MEDIA CONTRACT.docxnt1 C7 - 2 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for Crime Prevention and Community Outreach Marketing Services The City of San Luis Obispo is requesting sealed proposals for Crime Prevention and Community Outreach Marketing Services pursuant to Specification No. 91302. All proposals must be received by the Finance Division by 3:00 p.m. July 30, 2014 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer’s name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held at San Luis Obispo Police Department, 1042 Walnut, San Luis Obispo on July 23, 2014 10:00 a.m. to answer any questions that the prospective proposers may have regarding the City's request for proposals. Specification packages and additional information may be obtained by contacting Neighborhood Outreach Manager Christine Wallace at (805) 781-7186. Attachment 1 C7 - 3 Specification No. [91302] TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 2 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 6 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 11 E. Insurance Requirements 13 F. Proposal Submittal Forms 15 Proposal Submittal Summary References Attachment 1 C7 - 4 -1- Section A DESCRIPTION OF WORK The City of San Luis Obispo Police Department, Office of Neighborhood Services is seeking proposals from consultants who can provide professional marketing services for its neighborhood wellness and community outreach programs. The consultants will design and produce new advertisements and materials to convey crime prevention and neighborhood resource messages in a strategy consisting of web, radio, print, and television applications. There are two types of services required within the Office of Neighborhood Services public information effort, each addressing specific areas. 1. Build community interest and involvement in neighborhood wellness by designing and producing new advertisements, maintaining and using successful print, and Web programs to reach identified target audiences. The programs should include both paid and public service media placements with an emphasis on the most cost effective long term package purchasing strategies. 2. Produce new outreach strategies and materials that address alcohol abuse, theft, blight reduction, promote neighborhood wellness, positive community dialog, crime prevention and involvement in neighborhood improvement. Outreach strategies should include a year round comprehensive approach, being sensitive to peak media periods in which rates increase and would not be conducive to budget restriction or target audience message retention. In addition to paid advertising, the placement of bonus spots, PSA, and cooperative advertisements will be outlined by consultants in order to achieve maximum message penetration within the market. EACH PROPOSAL PACKAGE MUST INCLUDE THE FOLLOWING IN THE PROPOSED WORK SCOPE:  Summary of the proposed programs;  Statement of the philosophy and objectives of the strategies and materials;  Statement of the specific strategy for achieving the above objectives;  A budget (Proposal Summary Form) and a fee schedule for services;  Resume of professional experience and samples of previous work;  Identification of key responsible personnel. Attachment 1 C7 - 5 -2- Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. Attachment 1 C7 - 6 -3- 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business License and Tax. The Contractor must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. Attachment 1 C7 - 7 -4- 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. Attachment 1 C7 - 8 -5- 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. Attachment 1 C7 - 9 -6- Section C SPECIAL TERMS AND CONDITIONS Request for Proposals 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. CONTRACT PERIOD OR ESTIMATED QUANTITIES 5. Contract Term. The supplies or services identified in this specification will be used by the City between September 1, 2014 and June 30, 2015. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional two years. During this extended period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U) between July 1, 2015 and June 30, 2017. 7. Estimated Quantities. The quantities indicated in the Detail Proposal Submittal Form are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or Attachment 1 C7 - 10 -7- published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 9. Contractor Invoices. The Contractor shall deliver an itemized monthly invoice to the City. 10. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. PERFORMANCE STANDARDS 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 30 - 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin within 1 calendar day after contract execution and shall be ongoing though out the terms of the contract. RECYCLED PRODUCTS 13. Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be given to recycled products. The fitness and quality of the recycled product must be at least equal to un-recycled products as determined by the City. The preference percentage shall be based on the lowest price quoted by the supplier or suppliers offering non-recycled products. Price preferences may be offered in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the City. REFERENCES 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. REQUEST FOR PROPOSALS 16. Proposal Content. Your proposal must include the following information: Submittal Forms Attachment 1 C7 - 11 -8- a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. Qualifications d. Experience of your firm in performing similar services. e. Resumes of the individuals who would be assigned to this project, including any sub- consultants. f. Standard hourly billing rates for the assigned staff, including any sub-consultants. g. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program h. Description of your approach to completing the work. i. Tentative schedule by phase and task for completing the work. j. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. k. Services or data to be provided by the City. l. Any other information that would assist us in making this contract award decision. Compensation m. Proposed compensation and payment schedule tied to accomplishing key tasks. Proposal Length and Copies n. Proposals should not exceed ten pages, including attachments and supplemental materials. o. Three (3) copies of the proposal must be submitted. 17. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and related experience of the specific individuals to be assigned to this project. h. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. Attachment 1 C7 - 12 -9- OTHER RFP INFORMATION 18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 7/16/14 b. Conduct pre-proposal conference 7/23/14 c. Receive proposals 7/30/14 d. Complete proposal evaluation 8/29/14 e. Finalize staff recommendation 9/01/14 f. Award contract 8/29/14 g. Execute contract 8/29/14 h. Start work 9/02/14 Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective proposers may have regarding this RFP: Wednesday July 23, 2014 10:00 a.m. San Luis Obispo Police Department Conference Room 1042 Walnut St. San Luis Obispo, CA 93401 OWNERSHIP, DELIVERY AND PRESENTATION OF WRITTEN OR GRAPHIC PRODUCTS 19. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 22. Required Deliverable Products. The Contractor will be required to provide: a. Three (3) copies of video, print master, CD, DVD or audio addressing all elements of the work scope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction. Attachment 1 C7 - 13 -10- c. When computers have been used to produce materials submitted to the City as a part of the work scope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Word Processing Word • Spreadsheets Excel • Desktop Publishing CorelDraw, PageMaker • Computer Aided Drafting (CAD) AutoCAD 23. Attendance at Meetings and Hearings. As part of the work scope and included in the contract price is attendance by the Contractor at up to 6 public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work scope tasks. ALTERNATIVE PROPOSALS 24. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. Attachment 1 C7 - 14 -11- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on September 2, 2014 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and CONTRACTOR. W I T N E S S E T H: WHEREAS, on, City requested proposals for Crime Prevention and Community Outreach Services per Specification No. 91302. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said Crime Prevention and Community Outreach Services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said Crime Prevention and Community Outreach Services. 2. INCORPORATION BY REFERENCE. City Specification No. 91302 and Contractor's proposal dated ___________________, are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing Crime Prevention and Community Outreach Services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed $20,000 for FY 2014-2015. The City may elect to extend this agreement for one additional two year term, on the same terms and conditions. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. Attachment 1 C7 - 15 -12- incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Neighborhood Outreach Manger San Luis Obispo Police Department 1042 Walnut Street San Luis Obispo, CA 93401 Contractor 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney Attachment 1 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically C7 - 16 -13- Section E INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Attachment 1 C7 - 17 -14- 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Attachment 1 C7 - 18 -15- PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No. 91302, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description 2014-15 Produce 30 new print ads (15 each fiscal year), consistent with the identified themes and target audiences Monthly print ad buy in New Times Weekly print ad buy in Mustang Daily Monthly print ad buy in Cuestonian Print ads in other publications – please list: TBD Redesign and update Neighborhood Services and Crime Prevention areas of SLO Police Department website TOTAL  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Attachment 1 Attachment 1 C7 - 19 -16- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's C7 - 20 -17- Description of services provided including contract amount, when provided and project outcome C7 - 21 -18- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative C7 - 22 C7 - 23 Page intentionally left blank. C7 - 24