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HomeMy WebLinkAbout1903_AgreementAGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _________________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and 1903 Public Relations, hereinafter referred to as Consultant. W I T N E S S E T H: WHEREAS, the City wants to engage Consultant to furnish on-call communication support services. WHEREAS, Consultant is qualified to perform this type of service and has submitted a proposal to do so, which has been accepted by City. 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, for two years, at the end of the term, there will be an option to extend and additional one year by mutual written consent. 2. INCORPORATION BY REFERENCE City RFQ for on-call communications support services and Consultant’s proposal is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. To the extent that there are any conflicts between the Consultant's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefor compensation as set for in Exhibit A. 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and Agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to provide services as set forth in Exhibit A. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 2/11/2022 | 9:02 AM PST 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 Department Head or City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically 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 Whitney Szentesi Public Communications Manager City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 (wszentes@slocity.org) Consultant/Consultant 1903 Public Relations 2491 Alluvial Ave. #36 Clovis, CA 93611 Santiago Villegas - svillegas@1903pr.com 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant 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. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:______________________________ City Manager APPROVED AS TO FORM: _________________________________ ________________________________ City Attorney Consultant DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Response to Request for Qualifications for: Prepared by: Nov. 19, 2021 EXHIBIT A DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 1 1903 Public Relations Response to the Request for Qualifications A. Letter of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Relevant Experience of Key Personnel and the Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 a.Key Personnel Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 b.Firm Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. Fee Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 D. Client References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 E. Appendix a.Resume of Katherine Verducci, CEO and Co-founder . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 b.Resume of Santiago Villegas, CEO and Co-founder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 2 Letter of Interest 1903 Public Relations 2491 Alluvial Ave. #36 Clovis, CA 93611 Point of contact: Santiago Villegas Telephone: (559) 397-4876 As a Central California-based agency, we are excited at the opportunity to support the communications needs of the City of San Luis Obispo. San Luis Obispo is the heart and cultural epicenter of California’s Central Coast, nestled in vineyards and enjoying a temperate year-round climate that attracts visitors from around the globe. Claiming historic sites such as Hearst Castle and the Mission San Luis Obispo de Tolosa, charming venues like the Madonna Inn, and offbeat attractions like Bubblegum Alley, it is also a city that over 47,000 people call home. Families raise their children here, entrepreneurs open businesses, and community comes together at farmers’ markets and local events in the thriving downtown area. As a woman/minority/LatinX/LGBTQ-owned small business, 1903 PR was founded in 2019 by Katherine Verducci and Santiago Villegas on the idea that PR isn’t just about making clients look good – it can uplift organizations that are doing socially impactful work, create positive social change, create community and increase representation in the media while producing work that moves client goals forward. Our work is unique in the way we plan and execute PR programs, bringing not just greater attention to our clients, but an understanding of how community can also impact the bottom line. As a diverse team, we strongly believe different backgrounds and perspectives are what make PR effective, and it ’s what makes 1903 PR stand out from other agencies. We understand the City is requesting on-call communications support for both internal and external audiences regarding City issues and services. 1903 PR is capable of providing support for both audiences that will help the City achieve its goals to provide quicker, more streamlined communications to community members; ensure more effective and efficient communications between City departments; and ultimately increase satisfaction and confidence in the City for community members and City employees. To assist the City in meeting these goals, 1903 PR will provide the services outlined below. For each task, we have shared our experience and the capacity to provide these services as on-call consultants. We believe our communications expertise, intimate knowledge of Central California, and passion for bringing communities together is an asset to the City. Thank you for your consideration, DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 3 Santiago Villegas & Katherine Verducci CEOs and Co-founders, 1903 Public Relations Strategic public outreach and engagement planning: 1903 PR is able to support the City in strategic public outreach that facilitates two-way, mutually beneficial communication between the City and the community of San Luis Obispo. We are experienced in planning, coordinating and executing events such as regular town halls and news conferences, both in-person and virtually. In February 2021, for example, we coordinated a virtual event for a client ’s funding announcement that spanned five cities and garnered over 700 live viewers. For this event, we prepared multiple spokespeople and secured the participation of key guests and moderators, including former Forbes reporter Ruth Umoh, and CA Governor, Gavin Newsom. To accomplish successful public outreach campaigns, 1903 PR can provide media relations in local and regional outlets to inform the public of City announcements. These services will include media outreach, interview support, and any follow-up with the media as needed. We can also develop public-facing written materials for the City, including but not limited to press releases, messaging, newsletters and website content. For public engagements, 1903 PR can plan and coordinate public events that accomplish the City ’s goals, inform the public of City news and create community connection and awareness. 1903 PR is also able to provide support for public engagements, such as inviting and coordinating the appearance of guests and/or participants, and creating materials for presentations, speeches, and spokesperson preparation. Public information distribution: Relaying information to the public in an efficient, timely and effective manner is important for building and maintaining confidence in the City’s communications. For example, for a client who developed a mobile app that made it easier for the local community to access local food shelters during the COVID-19 pandemic, 1903 PR worked with local media to inform the public about the resource. Our outreach efforts across three California counties helped the client and its food/shelter partners coordinate the delivery and pickup of food boxes to over 3,000 families in the first 30 days of the program, and over 250,000 meals have been served to thousands of families to date. We also worked with the client ’s marketing and social media teams to create materials to provide this information to the community. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 4 1903 PR is able to assist the city in distributing information to the public via media relations and document development intended for the public (i.e web pages, emails, newsletters, social media copy, etc.). 1903 PR can work with the City ’s point of contact and recommend the most effective way to distribute information, create the materials needed, and perform the needed outreach. Emergency communications services: As a California-based agency, 1903 PR understands all too well the types of emergencies that may arise, requiring preparation and quick responses from a City. Such emergencies may include the ever-present danger of wildfires and power outages, as well as ongoing public health concerns in the age of COVID-19. 1903 PR has been an asset to clients in times of crisis. For example, at the onset of COVID-19 in the spring of 2020, we supported the communications needs for a client that built an emergency-response website for Americans impacted by shutdowns and in need of vital resources. In the span of just three weeks, 1903 PR developed and executed communications for three launches in three states and secured over 200 pieces of coverage in local, regional and national media. Our work connected over 200,000 people to the life-saving platform in the first 24 hours of its launch, and over 600,000 people to date. 1903 PR can provide emergency, rapid-response communications as an on-call consultant when needed. We will meet with the City’s point of contact to assess the situation and provide counsel on how to communicate emergencies with City staff, residents, media, and other audiences if needed. We are able to quickly pull together communications plans for the City, perform media outreach, and prepare any spokespeople for media interviews. Media planning and buying: Paid media is an effective way to deliver messaging in the City ’s own voice, in the media that targeted audiences read, watch, listen to and trust. We regularly field such opportunities for clients, make our recommendations, and proceed with planning and buying for valuable opportunities. 1903 PR can identify and recommend paid media opportunities for the City, coordinate purchasing, and develop written copy. Key messages development: 1903 PR regularly meets with clients to develop key message points for upcoming announcements and releases. We recently provided message development for the announcement of a nonprofit ’s first Black, female CEO, which set the stage and created uniform messaging across the client’s platforms and the media coverage we secured. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 5 In preparation for announcements, 1903 PR will work with the City, and any partners/stakeholders involved, to develop key messaging to be integrated into press releases, social media posts, media interviews, editorial content, and public engagements. We can compile key messaging into communications packets which contain an overview of the announcement, key messages for target audiences, suggested language, suggested social copy, and other messaging points as needed, for the City and for any involved partners. Speechwriting and editorial development: Our team is composed of talented writers who have prepared numerous speeches and editorial articles for clients. Some highlights of our work include a global TED Talk and this contributed article for Fast Company. 1903 PR can provide both speechwriting and editorial/ghostwriting services to the City. Once the City has identified a speaking engagement or media outlet they would like to engage with, 1903 PR can draft a speech/article that will resonate with the target audience. We will work with the point of contact and spokesperson to edit and refine the written material so that it is in the spokesperson’s voice while still appropriate for the opportunity. We can also work with City partners and stakeholders who will be involved in these speeches/articles if needed. Media relations and news releases: Media relations and news releases are regular components of 1903 PR’s campaigns. 1903 PR is able to work with the City to identify compelling news stories based on upcoming announcements, thought leadership from public officials, and human interest stories from City employees, community members and other stakeholders. From there, we are able to develop these stories for local, regional and/or national reporters who would find these topics relevant. To prepare spokespeople for media appearances, we can provide media training, provide talking points and provide briefing sheets for all interviews. 1903 PR can work on any post-interview follow-up requests and fact checking requested from reporters. Some recent examples of successful media outreach at the local, regional and national levels include: ●The Greatest Stories of Female Entrepreneurs of the 21st Century (Forbes) ●Bitwise Industries raises $50 million to go national with its model for inclusive tech ecosystems (ImpactAlpha) ●How smart home boxes protect deliveries (CNBC) ●Smash For STEM (Good Day Sacramento) ●Inside look at Bitwise building opening in downtown Bakersfield (23ABC News) DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 6 Press release writing and distribution can be part of media relations when sharing City announcements, and we can send releases to media outlets as part of our outreach. We will work with the City point of contact and any involved partners/stakeholders to develop and refine the release. Examples of our recent press releases include: ●Bitwise Industries Secures $50M to Rebuild the American Workforce in a Diverse, Equitable and Inclusive Manner ●First Black Woman CEO of SMASH, Danielle Rose, Appointed to Further the STEM Education Non-Profit's National Presence Social posts to inform and educate the public: 1903 PR has experience creating social copy for clients meant to engage with the public and to inform and educate about clients’ services, projects and partnerships. 1903 PR can provide social copy tied to specific communications campaigns and announcements, on an ongoing basis, or for a select period of time to help build the City’s online presence. 1903 PR can draft social media copy for the City and its departments, as well as any additional partners or stakeholders involved in an announcement. Construction project information facilitation: As the City develops, it is important to relay construction project information to the community to create excitement and keep residents informed. At times when the City embarks on new construction projects, 1903 PR will be able to support the City by crafting and deploying communications to the relevant audiences regarding new projects and what to expect. These communications can include but are not limited to: ●Engagement with media to announce construction projects, provide building tours, and field & answer media inquiries about projects ●Provide information directly to business owners, residents and other community members about projects, timelines, and potential impacts to business, travel routes, etc., via social media posts, emails, newsletters, radio announcements, and/or other effective mediums Stakeholder engagement and information gathering: As part of our work, 1903 PR routinely meets and works with clients’ stakeholders (including employees and community members/leaders) to gather and share important information. Relevant services that 1903 PR can provide include, but are not limited to: ●Focus groups to gather potential feedback on potential or upcoming initiatives ●Content creation such as community newsletters, blog posts, etc. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 7 Key Personnel Experience Santiago Villegas, CEO and Co-founder, 1903 PR: Before helping to create 1903 Public Relations, Santiago Villegas amassed experience from a wide variety of different industries including machine learning, cybersecurity, augmented reality, renewable energy, automation, ag tech, and environmental conservation. His work in-house and within agencies deliver substantive coverage in local, vertical, and national media. Since stepping into a leadership role with the agency, Santiago has won gold in the 2019 Bulldog Award for PR Up and Comer, as well as a 2020 bronze Stevie Award in the Communications Professional of the Year category. Also, in 2020 he was accepted into the Forbes Business Council and Entrepreneur ’s Leadership Network and in 2021 he was named to the Forbes Next 1000 list. A Dinuba native who is passionate about disruptive technology, changing the world, and pushing industries forward, he is committed to working with companies that are looking to change the way things are done. A graduate of California State University, Fresno, he has deep roots in the Central Valley. Katherine Verducci, CEO and Co-founder, 1903 PR: After growing up in the agricultural heart of the world, Katherine Verducci, founder of 1903 Public Relations, moved to Silicon Valley to pursue an education and a career in the high-tech industry. After more than a decade in Silicon Valley, she returned with her family to her roots in Fresno. Now, she is committed to partnering with companies for mutual success. Her creativity, sense of humor, and straightforward nature help her communicate with clients in a way that delivers PR campaigns aligned with business goals. Her PR campaigns launch companies, penetrate new markets, and push organizations to new levels. Katherine has created PR strategies for companies ranging from the earliest stage startup to global campaigns for Abbott, one of the largest healthcare companies in the world. There, she was part of communications programs that helped the company be recognized as the #1 pharmaceutical companies on Fortune’s list of the World’s Most Admired Companies for 2010. She's supported companies through M&As on both sides of the table, through funding announcements and rebrands. With 1903 Public Relations, she has the opportunity to apply her passion for technology, creating tailored messages, and crafting innovative stories that stand out in the press, from the place she loves most—Fresno, California. In 2021 she was named Executive Hero of the Year by the Globee Awards and as one of the Top 50 OUTstanding LGBT+ Role Models in a list compiled by INvolve and Yahoo Finance. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 8 Firm Experience In 2019, 1903 PR spearheaded its first major campaign for Bitwise Industries’ (BWI) Series A funding announcement — the largest Series A ever raised by a female, LatinX-led company. This played a major role in supporting the expansion into new markets, landing new investors, and elevating BWI’s voice onto a national stage. The news received nearly 40 unique pieces of coverage in national outlets including The Atlantic,Fast Company, Forbes, Fortune, Bloomberg TV and Crunchbase. The day of the announcement, Bitwise saw a 721% spike in web traffic, amounting to a reach of 4M. In April 2020, 1903 PR helped launch BWI’s OnwardUS platform, a one-stop shop for essential resources during the COVID-19 pandemic. 1903 PR created communications packets for partners, city governments and state governors to aid communication about OnwardUS. By the end of three separate launches, 1903 PR secured over 200 pieces of coverage ranging from local newspapers to top-tier national press. Every piece of coverage increased visibility and directed more people to important resources. Within the first 24 hours, over 200,000 people utilized OnwardUS, which to date has connected over 600,000 Americans to life-saving resources. Less than a year later, in February 2021, 1903 PR coordinated a three-part announcement for BWI’s Series B. In a virtual event, former Forbes reporter, Ruth Umoh interviewed its co-founders and CEOs. Then, the mayors of five cities talked with BWI VP’s about the issues affecting them locally. The event closed with a roundtable discussion led by California Governor Gavin Newsom. Over 700 viewers attended from across the country, and 1903 PR secured nearly 100 pieces of local/national coverage, including Forbes, Fast Company, Wall Street Journal, Impact Alpha and The Atlantic. Alongside our work for BWI, 1903 PR specializes in providing services for diversity, equity and inclusion (DEI) organizations and initiatives. Part of our mission statement as an agency is to put a spotlight on the work of diverse leaders in the media where they might otherwise be ignored or pigeonholed. Some of our recent projects have included profiling an Oakland nonprofit’s first Black female CEO and building her platform as a thought leader in the STEM/DEI space, as well as elevating a female tech entrepreneur featured on Shark Tank for her innovative home delivery solution. We are proud of our strong and extensive track record elevating diverse voices in the media. 1903 PR has won multiple awards since its founding and was named 2022 Agency Elite Top 100, one of the best and innovative across the industry. We have also won multiple Globees and Stevies awards in 2020 and 2021 for Startup of the Year, COVID-19 Campaign of the Year, Communications Professional of the Year for CEO Santiago Villegas and Executive Hero of the DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 9 Year for CEO Katherine Verducci. Santiago has been recognized as one of Forbes’ Next 1000 in 2021 for his influential work and leadership at 1903 PR. The agency was also a finalist for Best New Agency in 2021 from PRovoke Media, a leading industry publication. General Firm Information 1903 PR was founded in 2019 and is headquartered in Fresno, California. Our current list of staff includes: Santiago Villegas, CEO and Co-founder Katherine Verducci, CEO and Co-founder Jackie Flaten, Senior Account Supervisor Cynthia Villarreal, Account Executive Cara Sutherlan, Account Executive We are a fully remote agency, with staff located in Central and Northern California. Website:https://1903pr.com/ LinkedIn:https://www.linkedin.com/company/1903pr/ Twitter:https://twitter.com/1903_pr Facebook:https://www.facebook.com/1903PR Instagram:https://www.instagram.com/1903pr/ DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 10 Fee Structure For on-call consultancy, 1903 PR and the City will agree on a set of services to include in a contracted project of work. The fees per service outlined below are based on the services outlined in the “Letter of Interest” section of this response. Staff bill time at $200/hr. Development of articles, advertorials or op-eds: $8K/article (one-time cost) 1903 PR can support the City in identifying placement opportunities for earned media (contributed articles, op-eds) or paid media (advertorials, sponsored contributed articles, cost of placement not included in price). After meeting with the City’s subject matter expert, the agency will secure placement in target publication(s), draft the article and provide two rounds of edits before submitting to editor(s). Development of other communications materials for the public: $3K/mo (one-time cost) 1903 PR can support the City in creating written materials intended for public distribution such as newsletters, webpage content, and presentation decks. Event strategy: Starting at $6K/event 1903 PR can support the City in any of the following tasks, including but not limited to: coordinating event set-up (virtual or in-person), curating guest lists, securing guest speakers for City-hosted events, preparing City spokespeople for the event, and inviting reporters to events. Final pricing will be determined by scope of events and services requested. Focus groups: $5K/session The agency can work with the City to identify and set up a focus group session with City employees, community members or other stakeholders to gather insight and information about potential audience reactions to potential or upcoming City initiatives. Media relations (local, regional, vertical and national): $13K/mo Pricing includes one monthly PR campaign targeted at local, regional, vertical and national press in support of the City ’s organizational milestones (i.e. news announcements) or creative campaigns (i.e. thought leadership). This will include a download meeting with the City to discuss campaign goals. 1903 PR will secure interviews, prepare the spokesperson for interviews, facilitate reporter follow-up and provide a coverage report at campaign’s end. Media relations (local, regional and vertical): $9K/mo Pricing includes the same services listed above, but for local, regional and vertical media (not national). DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 11 Media training: $3.5K/session 1903 PR can provide one-time media training sessions for up to four spokespeople per session. The agency will create a media training presentation and exercises tailored to the City ’s upcoming media opportunities. Press release development: $3K/release (one-time cost) Press releases will be 400 - 1,000 words with two rounds of edits. 1903 PR will coordinate with partners, stakeholders or third-party reference as needed for press release creation. Newswire distribution fees are not included in this pricing. Rapid-response/crisis communications: $3K/mo The agency will support the City by responding to incoming requests for inclusion in relevant media, speaking requests, crisis communications, and leverage news cycles to respond to hot cycles. Pricing includes response to 1-10 rapid response/in-bound requests a month. The agency will respond to inbound requests with immediate statements and quotes, develop messages for at-moment ’s notice requests, leverage breaking news for “moment ’s notice” inclusion in stories, and monitor news for breaking stories and source requests/HAROs for which we can contribute. Speechwriting: $3K/speech (one-time cost) Pricing includes download meeting with speaker, drafting of speech and two rounds of edits. Social media services: $1.5K - 2.5K/mo Pricing includes the creation of an agreed-upon number of posts a week (not exceeding 10 a week) for the City’s social media. The content will be based on a monthly content calendar approved by the City for social media platforms of the City ’s choosing. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 12 Client References Number of years engaged in providing the services included within the scope of the specifications under the present business name: 3 years. Bitwise Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contact:Jeanáe DuBois, Chief Marketing Officer Phone:559.289.4195 Fax:N/A Street Address:700 Van Ness Ave. City, State, Zip Code:Fresno, CA 93721 Description of Services:We have had an ongoing contract with Bitwise Industries (BWI) since 2019. 1903 PR spearheaded its first major campaign for BWI’s Series A funding announcement—the largest Series A ever raised by a female, LatinX-led company. BWI is a technology company based in California’s Central Valley, a rural area of the state where the tech industry is in its infancy compared to Silicon Valley. The success of the campaign had a direct impact in supporting and making possible BWI’s expansion into new markets, landing new investors, and elevating BWI’s voice onto a national stage. The news received nearly 40 unique pieces of coverage in national outlets including The Atlantic, Fast Company, Forbes, Fortune, Bloomberg TV and Crunchbase. The day of the announcement,BWI saw a 721% spike in web traffic, amounting to a reach of 4M. 1903 PR also launched BWI’s OnwardUS platform, a one-stop shop for essential resources during the COVID-19 pandemic. 1903 PR created communications plans for partners, city governments and state governors to aid internal and external communication about OnwardUS. By the end of three separate launches spanning three states, 1903 PR secured over 200 pieces of coverage ranging from local newspapers to top-tier national press. Every piece of coverage increased visibility and directed more people to important resources. Within the first 24 hours, over 200,000 people utilized the platform, which to date has connected over 600,000 Americans to life-saving resources. 1903 PR went on to coordinate a three-part announcement for BWI’s Series B. In a virtual event, former Forbes reporter Ruth Umoh interviewed BWI’s co-founders and CEOs. Then, the mayors of five cities talked with BWI VPs about the issues affecting them locally. The event closed with a roundtable discussion led by California Governor Gavin Newsom. Over 700 viewers attended from across the country, and 1903 PR secured nearly 100 pieces of local/national coverage, including Forbes, Fast Company, Wall Street Journal,Impact Alpha and The Atlantic. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 13 Agency Revolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contact:Ann Reichert, Director of Marketing Phone:858.254.3676 Fax:N/A Street Address:12395 World Trade Dr., Ste 200 City, State, Zip Code:San Diego, CA 92128 Description of Services:Agency Revolution (AR) is an automated marketing software for financial advisors and insurance agents. We have had an ongoing contract with AR since 2020. 1903 PR creates monthly campaigns to support AR’s corporate milestones, as well as thought leadership campaigns that position them as leaders in digital marketing. For each campaign, 1903 PR has successfully secured news coverage or interviews with AR executives through media relations with financial advising or insurance publications. We have also secured contributed articles in these same publications and drafted them under executives’ bylines. These campaigns have resulted in increased site traffic to AR’s website, improved public perception, and given AR the largest share of voice in industry media. This past summer, for example, 1903 PR worked with AR to position AR’s insurance evangelist as a thought leader in the industry. Over the past few months, we have secured multiple contributed articles on hot topics in the insurance industry, such as cybersecurity and agent networks, and drafted them under the evangelists’ byline. As of September 2021, 1903 PR has drafted and published eight articles in the past three months, with more upcoming. These articles met AR’s goals to increase traffic to the insurance side of their website, increase their share of voice in media compared to competitors, and position them as industry experts in the media their customer base consumes. This span of recent campaigns for AR shows our ability to secure and create timely, compelling content that makes a measurable impact on clients’ organizational goals and outcomes. SMASH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contact:Jeanette Jordan, (formerly) Chief Marketing and Communications Officer Phone:201.486.0806 Fax:N/A Street Address:2148 Broadway City, State, Zip Code:Oakland, CA 94612 Description of Services:SMASH is an Oakland-based non-profit dedicated to providing marginalized students with STEM education and the emotional support needed for success in the classroom and beyond. We completed a month-long project in May 2021 to announce the appointment of their first Black female CEO. 1903 PR led a targeted campaign that secured a variety of coverage for the new CEO to share her story and the impact that programs like SMASH have on America’s disadvantaged youth. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 14 1903 PR targeted opportunities that have built the foundation for the CEO to be recognized as a thought leader on diversity in STEM education at the local and national level. In a month’s work, we secured national and vertical media coverage, including Impact Alpha, the CEO’s alumna networks, and The Chronicle of Philanthropy. 1903 PR also secured her debut TV appearance on Good Day Sacramento, a contributed article for Fast Company, and an interview with a CNBC reporter. Alongside this campaign, 1903 PR also helped SMASH compete for, and win, a large grant for their program. They are now the recipients of over $205k dollars that will support their efforts in training the next generation of STEM leaders. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 15 KATHERINE VERDUCCI kverducci@1903pr.com •964 E. Omaha Ave, Fresno, CA 93720 •408-429-5779 WORK EXPERIENCE 1903 PUBLIC RELATIONS CEO & Co-Founder 08/18 – Present ●Serve as lead PR counsel for accounts ranging from social impact, to marketing automation and IoT solutions ●Develop and execute strategic media relations campaigns, which may include press releases, media relations, thought leadership/contributed content and speaking/awards programs ●Conduct media training and brief spokespeople before and after media interviews ●Operate the agency in a manner that ensure financial stability, wellness for employees and mission alignment MIX PUBLIC RELATIONS 7/12 – 8/18 Vice President ●Completely strategize, manage and execute, from RFP to launch, PR programs for multiple clients simultaneously ●Create crisis communication strategy messaging ●Remotely manage a staff of eight full-time employees ●Serve as HR, conduct performance reviews and mentor agency talent ABBOTT LABORATORIES 10/08 – 07/12 Communications Specialist ●Partner with multiple business units to prepare internal/external company messages ●Develop and execute PR plans and programs for U.S. and international product launches ●Manage PR agencies and third-party vendors for successful, on-time and on-budget results ●Coordinate internal communications activities and generate content to engage employees ●Collaborate with non-profit organizations such as the American Heart Association to generate awareness of fundraising events and increase donations ●Create award nominations to recognize Abbott’s communications programs and to increase awareness of its vascular products o Select awards received on behalf of Abbott: ▪Technology Innovation Awards, Medical Devices,Wall Street Journal, 2011 ▪International Communications/Bronze Quill Award Winners, International Association of Business Communicators, 2010 ▪Distinguished Honoree,Communications or PR Campaign of the Year - Reputation/Brand Management, International Business Awards, 2010 MCGRATH/POWER PUBLIC RELATIONS AND COMMUNICATIONS 06/05 – 10/08 Account Coordinator,6/05-6/06;Account Associate,6/06-6/07;Account Executive 6/07-10/08 ●Create, manage and lead strategic public relations campaigns ●Serve as main client contact on key accounts DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 16 EDUCATION B.A., Major, Public Relations and Minor, Business Marketing SAN JOSE STATE UNIVERSITY, San Jose, CA 9/01 – 5/05 DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 17 Santiago Villegas Public Relations svillegas@1903pr.com Communications Marketing 559.397.4876 Event Planning Linkedin.com/in/santiagovillegas1 EDUCATION California State University, Fresno B.A.-Mass Communication and Journalism Dec 2015 Public Relations Dinuba High School May 2010 Experience CEO and co-founder Aug/2018-Present 1903 Public Relations ●Serve as lead PR counsel for accounts ranging from social impact, to marketing automation and IoT solutions ●Develop and execute strategic media relations campaigns, which may include press releases, media relations, thought leadership/contributed content and speaking/awards programs ●Conduct media training and brief spokespeople before and after media interviews ●Operate the agency in a manner that ensure financial stability, wellness for employees and mission alignment Account Coordinator Mar/2018-Aug/2018 Mix Public Relations ●Track and report all relevant client news ●Ensure team members are kept updated on client and competitor developments ●Issue press releases and invitations on behalf of clients, handling follow-up and tracking RSVPs ●Attend client meetings, observe client and account team interaction, assist in creating client meeting requests, activity reports, status documents and results reports ●Assume a lead role for company’s media database, proactively researching new entries and sharing ●Conduct thoughtful and in-depth research and client briefings for the team as required DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 18 ●Contribute to the writing and editing of company’s internal collateral ●Assist as needed with new business, often with research and vendor requests Social Media Specialist Feb/2017-Present MultiSight ●Created social media schedules, maintained all platforms, and analyzed analytics. ●Analyzed and prepared reports based on information gathered from analytics. ●Contributed the development of Google Analytics and good keywords ●Contributed to improving SEO and delivering measurables. Youth Conference Coordinator Resources for Independence Central Valley Mar/2016-May/2016 ●Worked with Staff to design and develop Work Readiness Conference ●Developed agenda, registration, fliers, PSA’s, press release, and sponsorship documents ●Obtained community sponsors which and network of contacts that included: o Local high schools, colleges, universities, and booth supporters ●Develop and implement a satisfaction survey for participants, presenters, and all partners. ●Develop a summary report that outlines how the program can continue sponsoring conferences in future years. ●Managed and reviewed all content material; proofreading all promotional material ●Created online content and managed social media accounts that related to the event DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Notice requesting qualifications (RFQ) for on-call consulting for communications support services. The City of San Luis Obispo is requesting proposals from qualified vendors to furnish communications support services. All proposers must register with BidSync at www.BidSync.com, where proposers can obtain RFQ packages and submit questions. All firms interested in receiving further correspondence regarding this Request for Qualifications (RFQ) will be required to complete a free registration using BidSync ( https://www.bidsync.com/bidsync- appweb/vendor/register/Login.xhtml). All proposals must be on BidSync at or before 3:00 PM on November 19, 2021, when they are opened electronically on BidSync. The preferred method for bid submission is electronic via BidSync. However, if you wish to submit a paper copy, please submit it in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. Specification packages and additional information may be obtained at the City's BidSync website at www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with questions. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Section A DESCRIPTION OF WORK The City of San Luis Obispo ("City") seeks qualifications for communications support services to enhance community outreach and engagement through more robust and coordinated communication functions within the City. I. GENERAL The goal is to ensure mutually beneficial, two-way communication with external (such as residents, non- profit service providers, business owners and operators, business community representatives, other governmental agencies, among others) and internal audiences about City issues and services, leading to a more responsive government and a high level of public confidence. It is anticipated that the outcome from this effort will be increased community satisfaction with City communication. Currently, the use of contract services helps to streamline communication processes to get important information to community members more quickly and, internally, to ensure effective and efficient exchange of information between City departments and employees. The focus of the consultant work will continue to be on communication planning, content creation, community and media outreach training, strategic communications counsel, and support on emergent communications issues as needed. The Consultant will work through a single point of contact in the City's Administration Department, such as the Public Communications Manager or their designee. A sample scope of work is provided; however, final scopes of work will be determined with the selected Consultant as a part of any contract during negotiations. II. SCOPE OF WORK 1. Strategic public outreach, information and engagement planning 2. Public information distribution 3. Emergency communications services 4. Brand awareness strategies 5. Media planning and buying 6. Small projects - content creation, including a. Full-service graphic design b. Light graphic design projects c. Video and photography production d. Key messages development e. Speechwriting and editorial content f. Media relations and news releases g. Informational, educational, social media posts 7. Construction project information facilitation 8. Stakeholder engagement and information gathering III. SUBMITTAL CONTENT 1. Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Consultant and expressing the Consultant's interest in being considered for on-call consulting services, clearly identifying the applicable sub-area(s) of interest. The letter of interest should also include all of the following: a. Provide the name of the entity, its mailing address, telephone, facsimile number. Please describe the organization. b. Indicate that the Consultant has the availability and time to dedicate the personnel and resources necessary to provide on-call consulting services. c. Indicate that the Consultant has the minimum qualifications listed in Section III above. d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ. e. If selected to provide on-call consulting services, the Consultant will be expected to sign a service provider agreement with the City. f. Please identify the contact person responsible for the submittal, specifying the name, title, and contact information. g. Please note that the person signing the letter of interest must be a legal representative of the Consultant authorized to bind the Consultant to an agreement in the event of an award. 2. Relevant Experience of Key Personnel and the Firm (10-page maximum). a. Key Personnel Experience. The submittal must identify the key personnel that is to be assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary of their past experience performing similar services for other jurisdictions, and a resume of each key personnel, including experience working with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. b. Firm Experience. The submittal must describe the Firm's pertinent project experience, including a list of performed relevant projects, past performance, individual or team accomplishments, and examples of similar work for San Luis Obispo or neighboring jurisdictions in California, including experience working with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. c. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and the number of years in business may also be provided. Please note that general firm information is not a substitute for the specific information requested in Sections IV.2.a and b above. 3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement of hourly rates for all positions and classifications of individuals involved and reimbursable expenses. Please also include the rates for a project-by-project basis, as noted in the sample Scope of Work above. 4. Client References. Consultants must provide a minimum of three (3) client references. IV. ADDITIONAL SERVICES If there are related services not otherwise identified in the City's RFQ, the Proposer may offer those to the City. Proposals are not required to address any additional services in order to be considered an acceptable proposal. However, the final selection of the successful Proposer may be based on the desirability of the additional services offered. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 V. SELECTION PROCESS Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have relevant knowledge and experience. The panel will score the proposals based upon the qualification materials submitted according to the following criteria: 1. Letter of Interest. Availability demonstrated the capacity and qualifications necessary to provide the consulting services specified in the RFQ. Ability to meet standard City contract and insurance requirements. 2. Relevant Experience. a. Demonstrated ability, based on consultant experience and specific experience of key personnel, to provide technical assistance on the types of tasks listed in the RFQ. Consultants need not necessarily be experts in every task in a given sub-area in order to achieve a favorable score. b. Prior experience, including the ability to work with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. (30 Points Maximum) 3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information provided. 4. Fee Structure. The Consultant's cost competitiveness and reasonableness. (20 Points Maximum) 5. Client References. (Pass/Fail) The submittals will be scored on a zero to 100-point scale, excluding bonus points. Consultants who qualify will be placed on the list of qualified on-call consultants for each subarea. Placement on the list of qualified on-call consultants is not a guarantee of work and does not constitute a commitment by the City to enter into a contract with the Consultant. As appropriate, the City may conduct an additional competitive process (e.g., solicit bids or issue Requests for Proposals) prior to awarding contracts. The City anticipates that all services will be on an as-needed or on-call basis. IV. ADDITIONAL TERMS AND CONDITIONS A. Nondiscrimination. The City will not discriminate against any interested consultant on the grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation. B. Cit y's Right to Mod if y RFQ. The City reserves the right at its sole discretion to modify this RFQ (including but not limited to the selection criteria) should the City deem that it is in its best interests to do so. Any changes to the proposal requirements will be made by written addendum. The failure of a consultant to read the latest addendums shall have no effect on the validity of such modification. C. Cit y's Right to Cancel RFQ. The City reserves the right at its sole discretion to cancel this RFQ in part or in its entirety should the City deem that it is in the City's best interests to do so. D. Cit y's Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all submittals should the City deem that it is in its best interests to do so. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 E. Cit y's Right to Ext en d RFQ D eadlines. The City reserves the right to extend the deadline for submittals by written addendum should the City deem that it is in its best interests to do so. F. City Right to Negotiate With Consultants. The City reserves the right to negotiate with the consultants on the list of qualified on-call consultants regarding their exceptions to the standard service provider agreement, if any, or regarding other price and terms in their submittals and to require the selected Consultant to submit such technical, price, or other revisions of their submittals as may result from negotiations. G. Standard Form Service Provider Agreement & Insurance. Consultants acknowledge that placement on the list of qualified on-call consultants does not commit the City to award a contract. For any project, the City reserves the right to award a contract to consultants (1) that are on the list of qualified on-call consultants; (2) that have an existing contract with the City, or (3) that are selected through a separate competitive process. Consultants on the list of qualified on-call consultants who are awarded a contract will be expected to sign a service provider agreement with the City. The standard service provider agreement and associated insurance requirements are attached as Attachment B. Comments or exceptions, if any, to the standard service provider agreement and/or insurance requirements must be noted in the Letter of Interest. It is understood that consultants have reviewed the service provider agreement (Attachment B) and will take exception only to those items identified in their Letter of Interest. Neither review of the submittal by the City nor placement on the list of qualified on-call consultants constitutes an acceptance by the City of the Proposer's recommended changes to the service provider agreement. If there are any concerns or proposed exceptions requested to the standard service provider agreement, these issues will be discussed at the time the City awards a contract, if any. H. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with the Consultant's preparations or submission shall be the sole responsibility of the Consultant. I. Liability for Submittal Errors. Consultants are liable for all errors and omissions contained in their submittals. J. Permits and Licenses. Consultants, at their sole expense, shall obtain and maintain during the term of any agreement all appropriate permits, certificates, and licenses including, but not limited to, a City Business License, which will be required in connection with the performance of on-call consulting services. VII. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS 1. All works submitted to and accepted by the City must be an original piece created by the Contractor. 2. All works submitted by the Contractor must be in standard U.S. English and adhere to the Branding and Style Guide. 3. All works must be submitted in Microsoft Word format and include a headline pertaining to the work in bold. The work should appear in a non-bolded Calibri, 12-point font. 4. The City reserves the right to use all submitted works in current and/or future forms of current media and/or media to be developed. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Proposed Timeline Release RFQ October 22, 2021 Questions and Answer Deadline November 12, 2021 – 2 pm RFQ opening date (submission deadline) November 19, 2021 – 2 pm Evaluation of proposals November 19 – December 3, 2021 Selection & Contract Signing December 3 – 10, 2021 DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [date], by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR'S OR CONSULTANT'S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor or Consultant. W I T N E S S E T H: WHEREAS, the City wants to [generally describe the service we want to be performed]. WHEREAS, [Contractor/Consultant] is qualified to perform this type of service and has submitted a [proposal/quote * please always get a proposal in writing] to do so, which has been accepted by City. 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 [DATE] and acceptance or completion of said services. 2. INCORPORATION BY REFERENCE City RFQ ______ and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City's terms and conditions are hereby incorporated in and made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor's fees and scope of work and the City's terms and conditions, the City's terms and conditions shall prevail unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation [______________]. 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 provide services as set forth in ______ DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 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 Department Head or City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically 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 [DEPT] City of San Luis Obispo Contractor/Consultant Name 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. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ [City Manager Or Dept Head] APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 GENERAL TERMS AND CONDITIONS 1. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of the City's Request for Proposal referenced in paragraph 2 of the Agreement, unless changes are otherwise approved and agreed to in writing between the parties. If the Agreement is entered into outside of a Request for Proposal, Contractor shall provide proof of insurance in the form of coverages and amounts specified in Exhibit C. 2. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. 3. 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 all federal, state, county, City, and special district laws, ordinances, and regulations. 4. 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. 5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 8. 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. 9. 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. 10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 11. Contractor Nondiscrimination. 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. 12. 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. 13. 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). 14. 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. 15. 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. 16. 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. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 17. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a "construction contract" as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the Consultant's performance or Consultant's failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a "design professional", and the Scope of Services require Consultant to provide "design professional services" as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents ("City Indemnitees"), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City's option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 under this paragraph exceed Consultant's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant's work or work product by any indemnified party shall not affect, relieve or reduce the Consultant's indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 18. 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. 19. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City's liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City's directions as to work in progress and finished goods. 20. 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 terminations 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 DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 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. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 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, officials, 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. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 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. DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully three contracts performed by your Firm within the last five years that demonstrate your ability to provide the 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 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 link to final report 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 link to final report Reference No. 3 Customer Name Contact Individual Telephone & FAX number DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 Street Address City, State, Zip Code Description of services provided including contract amount, when provided and link to final report DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The bidder 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 Bidder Representative DocuSign Envelope ID: 012E8AAD-70F2-46F7-B135-8D5CB6C3B6A2