Loading...
HomeMy WebLinkAboutVerdin_Marketing_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 Verdin Marketing Ink., Co., 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 between 2.INCORPORATION BY REFERENCE City RFQ for on-call consulting for communication 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 1/31/2022 | 1:08 PM 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 Consultant/Consultant Whitney Szentesi Public Communications Manager City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 (wszentes@slocity.org) Verdin Marketing, Ink, Co. 3580 Sacramento Dr. #110 San Luis Obispo, CA 93401 mary@verdinmarketing.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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF November 19, 2021 CITY OF SAN LUIS OBISPO Qualifications for on-call Consulting for Communications Support Services EXHIBIT A DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF Table of Contents Letter of Interest 3 Relevant Experience of Key Personnel & the Firm 8 Fee Structure 18 Client References 20 Additional Services 25 We are Obsessed with integrity We are devoted to our work and maintain a high level of transparency with our clients Passionate about strategy We are dedicated to understanding your goals, reaching your audiences and delivering the best marketing support Continuing to build our brand We have cultivated a stellar reputation through 18+ years of service A tight-knit team We are small but mighty—we have the agility to completely focus on you and your needs DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF Opportunities Letter of Interest 3 DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF You want the City of San Luis Obispo to communicate clearly and efficiently with all of its stakeholders to increase public confidence and community satisfaction. But developing strategies and deliverables for so many projects—on top of keeping a city running smoothly—can be challenging, making it hard to stay organized and effective. Verdin understands and can meet all your communications needs. We will draw on our ample experience with government communications, outreach, brand building, and more to help the City of SLO accomplish its goals. We do the research needed to develop transparent messaging that resonates and builds trust with your audiences. The Verdin team will help streamline your communications processes by providing strategic and creative deliverables as needed for your organization. Verdin Marketing Ink, Co is structured as an S Corporation, privately owned by Mary Verdin (majority), Ashlee Akers (minority) and Michelle Starnes (minority). We have the time, personnel and resources needed to provide on-call consulting services and meet the minimum qualifications listed in your RFQ. We will also adhere to the provisions described in the RFQ. I am the main contact for this submittal and a legal representative for Verdin. Sincerely, Mary Verdin President & Chief Strategy Officer mary@verdinmarketing.com | T: (805) 541-9005 | F: (805) 541-9007 3580 Sacramento Dr #110, San Luis Obispo, CA 93401 DBE Firm No. 42625 Effectively communicating with all constituents to build public confidence and community satisfaction. 4 Letter of Interest (5-page maximum). Please include in the submittal a letter introducing the consultant and expressing the consultants 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 the following: ●Provide the name of the entity, its mailing address, telephone, facsimile number. Please describe the organization. ●Indicate that the Consultant has the availability and time to dedicate the personnel and resources necessary to provide on-call consulting services. ●Indicate that the Consultant has the minimum qualifications listed in Section III above. ●Indicate the intention of the Consultant to adhere to the provisions described in the RFQ. ●If selected to provide on-call consulting services, the Consultant will be expected to sign a service provider agreement with the City. ●Please identify the contact person responsible for the submittal, specifying the name, title, and contact information ●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. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF Summary of services Effective communication is an essential component of city government. The City of SLO is committed to maintaining open communication with all of its stakeholders. You need an experienced partner to help you streamline your processes and develop materials. Here are the services Verdin will provide: ●Strategy and processes: Verdin will use our tried-and-true 360 process, outlined on the next pages, when working with the City of SLO. Having worked on several City projects already, we have a head start and already understand the city and are familiar with the different departments. We will start with a planning meeting to talk specifically about your overall objectives and future goals. This will be the basis for all branding and communications materials. ●Public Information & emergency communications: We will work with you to create strategic key messages and materials and distribute them as needed to all audiences, including the media, residents, nonprofit service providers, business owners and operators, community representatives and other government agencies. We can also support the City’s communications team in crafting and distributing information to internal audiences and during emergencies. ●Media planning & buying: Verdin works closely with our media buying partner, Mosaic Media to ensure that all strategies and campaigns are effective in reaching specific audiences with the right messages. ●Branding & content creation: Our in-house creative team will concept, develop and produce all content, as needed for various platforms, including digital, print, television, radio, social media, public speaking and more in alignment with the brand and the goals. ●Stakeholder engagement & information gathering: We will ensure stakeholder engagement is high by gathering information, organizing and facilitating focus groups, conduct surveys and employing other tactics as needed. ●Construction project information facilitation: We will draw on our experience from providing communications for several construction projects with the City of SLO and other government agencies to effectively facilitate communication among stakeholders.5 DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 6 The Verdin 360: Our approach for the City of San Luis Obispo The next page contains our process for developing strategic outreach through multiple channels to multiple audiences throughout the city. The Verdin 360 is our proprietary process for creating strategies with strong foundations, measurable objectives and clear tactics. On the following pages, we’ve filled out the three steps of our process—Groundwork, Get Working and Gauge Results—with an approach specifically designed to meet your needs. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF Verdin 360 1. Groundwork Discover where you are now and plan where you want to go. In the Groundwork phase, Verdin will work with you to discuss overarching goals and establish the opportunities and barriers for the City as a whole. We’ll also dive into research, gleaning input from key stakeholders to set objectives to support your goals and confirm metrics to determine a path forward. The Verdin team will draw on our expertise with the City of San Luis Obispo, working to build consensus with key stakeholders and develop a comprehensive marketing plan with strategies on how to get the right messages to the right audiences. Bring the plan to life. In the Get Working phase, our team will get to work in deploying earned and owned communications strategies and develop creative assets and content as needed. In addition to being dynamically creative, our work is strongly driven by data and results. We actively manage all communications channels, tracking the metrics we defined in the Groundwork phase to determine the impact of our campaigns. Evaluate and adjust as needed. Using the performance data collected during the Get Working phase, we will monitor results and adjust, as needed, to reach your goals. This phase helps us decide together what is working best. Then we will adapt our strategy and tactics to leverage this success. Our reporting system ensures that you see this data on a regular basis, in a transparent format that continually offers recommendations. 2. Get Working 3. Gauge Results 7 DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 8 About Us Relevant Experience of Key Personnel & the Firm DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 9 Key Personnel Mary has 30 years of marketing experience and an energy that keeps ideas fresh and strategic. Her personal list of awards, combined with the industry awards our agency wins every year, reflect Mary’s proven ability to create communications success for clients. An innate problem solver and natural leader, she founded Verdin more than 17 years ago and continues to grow the firm with a gusto for finding ways to give back to the community. Mary works from our office in San Luis Obispo. Experience, Credentials and Education: Mary Verdin President & Chief Strategy Officer Role: Participates in discovery and initial meetings, provides ongoing strategic input. Ashlee Akers Partner & VP of Client Services Role: Participates in strategic planning meetings, oversees and reviews branding and marketing strategies. Ashlee guides Verdin’s account staff with enthusiasm, and plays a leading role in all client work. Her friendly and dynamic personality makes our clients instantly feel comfortable and confident. She is the master of surpassing client needs with an unwavering devotion to achieving stellar results. Ashlee works from our office in San Luis Obispo. Experience, Credentials and Education: ●Relevant experience: strategically involved in the work performed for all Verdin clients, notably those listed as work samples and references in this proposal ●Partner at Verdin; 10 years with agency ●12 years of experience in tourism marketing and advertising ●San Luis Obispo Tribune Top 20 Under 40 ●Pacific Coast Business Times Who’s Who in Marketing & PR ●Serves on Central Coast Tourism Council Board of Directors ●Serves on marketing and branding committee for SLO CAL ●Cal Poly, San Luis Obispo: Agriculture Science/Agricultural Business ●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. ●Stevie Award—Women in Business ●PRSA Professional of the Year ●Rotarian of the Year ●Leadership SLO, Class IV & Leadership California, Class 24 ●Director on the SLO Chamber of Commerce Board ●President’s Award, National Philanthropy Day, AFP ●UC Davis: Psychology ●Relevant experience: strategically involved in work performed for all Verdin clients, notably those listed as work samples and references in this proposal ●Pacific Coast Business Times Awards: 40 Under 40; Top 50 Women in Business; Who’s Who in Marketing & PR DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 10 Key Personnel Role: Provides day-to-day support for clients through various marketing channels, including web, emarketing, social media and more. Allie uses her strong communication skills and multitasking abilities to help coordinate behind-the-scenes work for Verdin’s clients. She assists account managers with projects on various platforms to create successful results. Allie works remotely and currently resides in Brentwood, California. Experience, Credentials and Education: ●Relevant experience: Assists with day-to-day communication and implementation of all campaigns and deliverables, notably those listed as work samples and references in this proposal ●Cal Poly, SLO: Journalism and Modern Languages & Literature Allie Rohlfs Account Coordinator Role: Participates in creative planning meetings, develops key messages and concepts for brand, ensuring all written work is consistent with the brand voice. With an eclectic background in journalism and nonprofit marketing, Amy uses her creativity and writing skills to tell the stories of Verdin’s clients on all platforms. Amy works from our office in San Luis Obispo. Experience, Credentials and Education: ●Relevant experience: Helps concept and develop copy for all Verdin clients, notably those listed as work samples and references in this proposal ●More than 13 years of writing experience ●Cal Poly, SLO: Journalism Amy Blasco Copywriter Role: Participates in creative planning meetings, develops brands, campaign and ad concepts and oversees and reviews all creative produced for our clients. Megan is the helm that steers Verdin’s creative team right direction. Her keen eye and strategic mind lead Verdin to produce work that is strikingly distinct. Megan works remotely and currently resides in Richmond, Virginia. Experience, Credentials and Education: ●Relevant experience: strategically involved in the work performed for all Verdin clients, notably those listed as work samples and references in this proposal ●14 years design experience in various industries ●Brooks Institute of Photography: Visual Communications Megan Condict Creative Director ●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. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 11 Key Personnel Support Team Michelle Starnes Partner & Operations Manager Michelle keeps the firm striding forward as a strong partner for clients and an incubator for innovative ideas. Natalie Bovee Account Manager Natalie organizes big ideas into practical steps to accomplish clients’ goals. She’s a strong advocate for our clients and manages accounts with optimism, energy and care. Katie Kollmann Graphic Designer Katie approaches design work through a lens of thoughtfulness and strategy. Her knowledge of what will work means our designs are as smart as they are stunning. Adam Verdin Principal Adam is well-accustomed to a bird’s eye view and uses this big-picture mentality to keep the firm strategically focused on our foundations. Pam Riordan Bookkeeper Pam brings eagerness and proficiency to Verdin’s accounting activities. Our team and clients appreciate her accurate billing and timely payments. Candice Walton Project Manager Candice draws on her background in tourism, business development and project management to make sure work at Verdin is completed on time and on budget. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 12 Subcontractor: Mosaic Media ROLE: Participates in discovery and initial meetings, plans and executes media buys for Verdin’s clients. Arturo Cosio has a passion for playing with numbers and turning them into results for clients in the ever changing landscape of marketing. As Director of Brand Partnerships, he is responsible for establishing relationships with other agencies and businesses to help either grow their marketing services or promote their products and services with our award-winning media team. He works closely with all team members at Mosaic to assess our partners’ needs, set up goals, and create effective marketing strategies to achieve long term success. Arturo has been the bedrock of many of Mosaic’s partners throughout the years. His calm, reassuring demeanor and experience will keep projects moving seamlessly on time and on budget, and giving our partners one less thing to worry about. EXPERIENCE, CAPABILITIES AND CREDENTIALS: ●Strategically involved in planning and executing media buys for Verdin ●Degrees in Marketing and Business Management Arturo Cosio Director of Brand Partnerships ROLE: Oversees operations and services for Mosaic clients. Mary Ann started her career in media by working as a senior sales executive for some of the nation’s largest media outlets. After discovering her talent and love for all things media strategy, she founded Mosaic as a way to provide niche expert experience to agencies and marketing departments across the country. Her hard work and savvy strategy skills have led Mosaic to year-over-year growth, and has expanded her impact as an industry leader in all things traditional, digital, and everything in between. Mary Ann’s hands on approach ensures she understands the moving parts of Mosaic at all times, allowing her to provide tailored insight and guidance to the Mosaic team and her clients. Client success is her No. 1 priority and how she measures her own accomplishments, all of which is apparent in her tireless drive and strategic approach to every project. EXPERIENCE, CAPABILITIES AND CREDENTIALS: ●Strategically involved in media buys for Mosaic clients ●2020 award from Cynopsis Media naming her as a Top Woman in Media Mary Ann Pruitt President & CEO The Verdin team has a close partnership with the Mosaic Media team who strategizes, plans and implements all of the media buys for our clients. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 13 City of San Luis Obispo Marsh Street Bridge Project “Verdin was well organized and in touch with the project. The outreach to the community was spot-on as they worked closely with FE on project updates.” Jerry Missamore Assistant Resident Engineer Filippin Engineering Inc “I really appreciate how supportive the [Verdin] team has been throughout the whole process of the study. [They] have been great, and I honestly hope that another opportunity emerges in the future where we’ll need your expertise to help us on a project we are doing.” — JD Douglas Project Manager, HDR Engineering When Caltrans deemed this 100-year-old bridge at the corner of Santa Rosa and Marsh Streets in San Luis Obispo structurally deficient, the City of San Luis Obispo moved forward to replace it to ensure public safety. The nine-month project, which required the closure of city streets, involved a multi-faceted plan to communicate with public about construction, traffic detours, impacted businesses, and more. Verdin’s communications plan helped gain and sustain community awareness, supporting the City’s ability to complete construction early. The top 14 best performing social media posts for the campaign garnered 50,476 impressions and 772 active engagements. “Verdin was well organized and in touch with the project. The outreach to community was spot on as they worked close with FE on project for updates on progress ” — Jerry Missamore Assistant Resident Engineer Filippin Engineering Inc. MATT DAVIS, RESIDENT ENGINEER | MATT@DAVISCME.COM | (805) 450-7949 Firm Experience ●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 experienceworking with City staff, local San Luis Obispo community groups and decision-makers, and regional partner agencies. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 14 County of San Luis Obispo - 2020 US Census We assisted the County of San Luis Obispo in its efforts to count all residents in the 2020 Census by developing and executing a community outreach plan for non-responsive populations convincing them to participate. This project included a full marketing strategy, branding and logo design, English/Spanish collateral, digital advertising campaigns for multiple target audiences, and social media content. In addition to the County, we worked with community partners from organizations throughout the county to build consensus in how we conducted outreach to non-responsive populations. “We have worked extensively with the Verdin team on many publications and social media awareness efforts. They have provided creative and timely material always meeting deadlines and working within limited budgets. It is a pleasure to work with them. The Verdin team was an integral and important part of the Census 2020 outreach across San Luis Obispo County. They provided creative and thoughtful design and implementation.” Heidi McPherson CEO, The Community Foundation of San Luis Obispo County and Census community partner Heidi@cfsloco.org “I really appreciate how supportive the [Verdin] team has been throughout the whole process of the study. [They] have been great, and I honestly hope that another opportunity emerges in the future where we’ll need your expertise to help us on a project we are doing.” — JD Douglas Project Manager, HDR Engineering HEIDI MCPHERSON (COMMUNITY FOUNDATION - COMMUNITY PARTNER) | HEIDI@CFSLOCO.ORG | (805) 543-2323 — Heidi McPherson CEO, The Community Foundation of San Luis Obispo County and Census community partner Firm Experience DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 15 “I really appreciate how supportive the [Verdin] team has been throughout the whole process of the study. [They] have been great, and I honestly hope that another opportunity emerges in the future where we’ll need your expertise to help us on a project we are doing.” — JD Douglas Project Manager, HDR Engineering JD DOUGLAS (HDR ENGINEERING, CONTRACT PRIME) | JD.DOUGLAS@HDRINC.COM | (714) 368-5630 15 City of San Luis Obispo, Support Local The more you SLO, the more SLO grows. The Verdin team works with the City of SLO to create eye-catching, authentic marketing materials to inspire people to shop local and drive spending in our hometown. All of our deliverables use thoroughly researched tactics to tell SLO’s unique story as a community and cultural experience. Below are some social media graphic examples developed for specific programs. “The team has been incredible! They have been flexible with changing priorities, always meeting deadlines and delivering top notch work in all situations. They listen to feedback and come back with a solution-minded response. It has been a pleasure to work with the team this year.” Molly Cano Tourism Manager City of San Luis Obispo mcano@slocity.org Firm Experience DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 16 Visit Atascadero Branding & Advertising When people think of San Luis Obispo County, they think rolling vineyards and crashing waves. They don’t think “Atascadero.” This inland town was struggling to obtain “top of mind” space in comparison to its neighboring communities of San Luis Obispo, Paso Robles and Morro Bay. Our branding and advertising sheds light on the rural beauty, genuine hospitality and sweet simplicity that make Atascadero an integral part of any San Luis Obispo County getaway. Verdin created a new brand that captures the essence of the city’s personality and marketing and advertising strategies to successfully reach potential visitors. “We are very fortunate as a city to have acquired Verdin’s services. Their level of professionalism, execution, and positive personalities are second to none. I can with complete confidence recommend Verdin to anyone looking to market and promote their destination, business, and/or organization.” Amar Sohi Current Board Member & Past Chair, Atascadero TBID asohi@hieatascadero.org  (805) 462-0200 Previous Logo Firm Experience DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 17 General Firm Information Verdin has 11 team members and is headquartered in San Luis Obispo, California. There are no other branch offices and Verdin has been in business since 2003. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and t h e 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. What Sets Us Apart Integrity Based Marketing Integrity is one of our four core values and a principle that has guided our agency since its founding. Verdin believes in detailed and transparent reporting, and we will include as much detail on our invoicing as you want to see. We don’t feign perfection in situations where improvements can be made. Instead, we make recommendations and constantly improve outreach efforts so results keep getting better. Creative Rooted In Strategy Research into the lifestyles, behaviors and desires of your target audience guides our creative team to develop advertising messages that resonate. Our team makes strategic recommendations and works with you to craft campaigns that embody your brand and what it promises — and you’ll have a lot of fun with us along the way. Ample Experience With Nonprofits One of Verdin’s strengths as a full-service marketing and advertising firm is positioning nonprofits as integral members of their communities. We strive to build awareness among a range of audiences through compelling brands. We also enjoy collaborating with multiple stakeholders and are dedicated to providing clear communication and information at all times. Internal Process for Client Work Client Sign-off Our policy is clear and straightforward: no actions are undertaken without the client’s approval. This goes for purchasing, too. Before printing or purchasing, we provide initial estimates with recommendations, so clients may consider pricing options. One Reliable Point of Contact To keep things streamlined, each of our clients has special attention from one main source of contact. The client’s Account Manager manages the budget and coordinates projects — an efficient way to give our clients dedicated attention to a full team of specialists. Our team uses an industry software system called Workamajig to ensure that all of our projects, communications and billing practices are streamlined. Transparent Invoicing & Reporting & Reconciliation of Pre-paid Media We have an uncompromising commitment to transparency in billing and reporting, so our clients have all the information they want to see in each report. If applicable, media will be reconciled each month and adjusted as needed. We will provide reporting and updated invoices as needed as back up for any adjustments. Billing & Related Requirements Invoices Verdin does not offer any discounts for payment within certain timeframes. Payments in the form of checks is preferable and credit card payments are accepted with a 3.5% service charge. Sales and Use Taxes Taxable items are identified within the budget management. Verdin’s bookkeeper will include appropriate tax on invoices and your Account Manager will verify all tax charges before you receive the invoice. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 1818 Budget Fee Structure DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF Scope of Work Following the Verdin 360 process, our team would complete the scope of work listed below. A more specific scope of work that includes detailed project pricing and expenses, which could include production and media expenses, can be defined and tailored to fit within a specific budget based on our hourly rates listed. Billable hourly rates that this budget is based on: Principal/Strategic: $176 VP/Account Supervision: $152 Creative Direction: $152 Account Management:$145 PR Coordination: $134 Media Strategy: $134 Copywriting: $134 Graphic Design: $134 Account Support/Prod: $124 Clerical: $100 Travel: $71 19 ●Strategic public outreach, information and engagement planning Public information distribution ●Emergency communications services ●Brand awareness strategies ●Media planning and buying ●Small projects - content creation, including: ○Full-service graphic design ○Light graphic design projects ○Video and photography production ○Key messages development ○Speechwriting and editorial content ○Media relations and news releases ○Informational, educational, social media posts ●Construction project information facilitation ●Stakeholder engagement and information gathering 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. Verdin consistently rates high in client satisfaction with regards to value and budget management. We can work with the approved budget provided by you to determine the best use of those funds for efficiency, effectiveness and value. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 20 Our Process Client References DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 21 Names We Stand Behind DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 22 References References 1 Customer name: County of San Luis Obispo Street Address:1055 Monterey St., Ste D430 | San Luis Obispo, CA 93408 Contact Individual Kristin Eriksson Email address:keriksson@co.slo.ca.us Telephone number:(805) 781-5014 Project name:2020 Census Campaign Dates worked performed: November 2019 - July 2020 Summary of scope of services ●Marketing plan development ●Campaign development ●Branding and creative content development ●Collateral development and production ●Media strategy implementation ●PR support Contract Amount: $57,690 (including $30,000 media buy) Report Sample No report available as the report creation was not included in the scope. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 23 References References 2 Customer name: City of San Luis Obispo - Support Local Program Street Address:990 Palm Street, San Luis Obispo, CA 93401 Contact Individual:Molly Cano Email address:mcano@slocity.org Telephone number:(805) 781-7151 Project name:Support Local Program Marketing Dates worked performed: July 2021 - Current Summary of scope of services ●Strategy update ●Account management ●Business Insider program implementation ●Ticket Tuesday program implementation ●Creative development ●Website updates ●Media planning and buy Contract Amount: Annual budget for 2021-2022: $74,986 (including $38,000 media buy) Report Sample Report sample can be viewed here: https://www.dropbox.com/s/rjuiha9ned1cyne/Support%20Local%20Program%20Presentation%20Deck%204_14_2021.pdf ?dl=0 DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 24 References References 3 Customer name: Atascadero Business Improvement District Street Address:6500 Palma Ave, Atascadero, CA 93422 Contact Individual:Terrie Banish Email address:tbanish@atascadero.org Telephone number:(805) 470-3400 Project name:Visit Atascadero Marketing Dates worked performed: July 2016- Current Summary of scope of services Current fiscal year scope: ●Strategy, planning, meetings and development of marketing plan ●Creative development as needed ●Website updates ●Monthly social media management ●Monthly enewsletter development ●Public relations efforts ●Media planning and buys Contract Amount: Annual Budget for 2021-2022: $199,559 (including $102,000 media buy) Report Sample Year in Review Sample can be viewed here: https://www.dropbox.com/s/xios98lt7t7qfd4/ATBID%20Year%20in%20Review%202019.pdf?dl=0 DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 25 Our Process Additional Services DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 26 Our Services When you hire Verdin, you get access to a team of specialists + a full range of marketing services under one roof. And it’s all customized to your goals. ●Marketing Plans ●Strategic Planning ●Corporate Identity & Branding ●Image Perception Assessment ●Customer Relationship Management Marketing & Brand Management ●Strategic Campaign Concepting ●Digital, Print & Broadcast Ad Development ●Media Strategies ●Media Buying ●Campaign Monitoring & Reporting Advertising ●Social Media Strategies & Content Development ●Social Media Monitoring & Management ●Blogging ●Search Engine Marketing ●Mobile Marketing Digital Marketing ●Site Planning ●Writing, Designing & Programming ●Search Engine Optimization ●Ongoing Website Maintenance Website Development ●Public Relations Strategies ●Press Release Writing & Distribution ●White Paper Development ●Trade Show Booth Management ●Crisis Communications Public Relations DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 27 Mission Statement We help build strong communities through strategy, consensus building and storytelling DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF A streamlined partner to support SLO communications © 2021 by Verdin Marketing. All Rights Reserved. This work is the property of Verdin Marketing and no part of it can be reproduced or transmitted in any form or by any information storage or retrieval system, without the written permission of Verdin Marketing, except where permitted by law. DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF Street Address City, State, Zip Code Description of services provided including contract amount, when provided and link to final report DocuSign Envelope ID: E953DC63-EEFF-4620-9623-EA61C1A754CF 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: E953DC63-EEFF-4620-9623-EA61C1A754CF