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HomeMy WebLinkAbout03/21/2000, C6 - CONTRACT WITH BARNETT, COX AND ASSOCIATES RELATING TO PUBLIC EDUCATION/PREVENTION SERVICES FOR THE OFFICE OF NEIGHBORHOOD SERVICES. Council Wcu,3 -2- 1 - 00 j agenda Report C I T Y O F SAN LU I S O B I S P O FROM: Jim Gardiner, Chief of Police Prepared By: Rob Bryn,Neighborhood Services Manager SUBJECT: Contract with Barnett, Cox and Associates Relating to Public Education/Prevention Services for the Office of Neighborhood Services. CAO RECOMMENDATION Approve the contract and authorize the Mayor to execute a two-year agreement with Barnett, Cox and Associates for up to $30,000 per year for the 1999-01 fiscal years for public education/prevention services for the Office of Neighborhood Services. DISCUSSION The Office of Neighborhood Services has relied on professional public relations services to assist in the dissemination of public information and promote"quality of life"issues since 1994. Barnett, Cox and Associates (BC&A)has provided the technical support and production during this period,helping create and maintain the"WIN" (Working to Improve Neighborhoods) Program, which received the 1999 Summit Award for Pubic Service/Political Multiple-media programs of this type. Selection of BC&A by city departments has historically been through a Request for Proposal (RFP)process. Staff is requesting a sole source contract with BC&A for the following reasons: • In the previous two years BC&A has been the only firm that has responded to any city department's RFP for similar services. The budget for Neighborhood Services was approved,however, no RFP was done because the individual projects were usually under the dollar amounts that required a bidding process. With the transfer of Neighborhood Services to the Police Department, and to comply with the City's accounting practices, a contract is preferred. Initiating the contract now is the best option available. • BC&A have demonstrated a commitment to excellence and innovation when assisting the city and specifically Neighborhood Services in achieving the goal of being recognized as a pioneer in the area of multi-media public information and education programs. The firm's staff is attentive to city needs and desires as well as highly creative and energetic, providing quick turn around results on time sensitive projects. • BC&A has provided creative local television campaigns, innovative print ads that run in the Mustang Daily, the San Luis Gazette and soon in the Cuestonian, and designed the successful neighborhood newspaper, "The Hood." In cooperation with the Human Relations Commission and Neighborhood Services, BC&A also produced the popular "Celebrate Your Neighborhood"packet that urges neighbors to communicate with each other and organize to deal with problems on a"local" level. C64 Council Agenda Report—Contract with Barnett, Cox & Associates Page 2 Because of BC &A's experience with the WIN Program and the fact that they have been the only firm to submit a proposal to the city for the past two years, staff is recommending that the Police Department enter into a two-year(remainder of 1999-2001 budget cycle) contract for public education programs. This action will promote continuity in the WIN Program and also help integrate the new Crime Prevention components into the existing program. A similar request was recently approved by Council for the Utilities Conservation Program. FISCAL IMPACT The adopted 1999-01 Financial Plan identifies in the Police Department budget line items 100.80200.7203 & 100.80200.7227 $30,000 each year for television advertising and neighborhood preservation information. Staff is recommending not to exceed $30,000 per year contract agreement with BC &A. Item Account# 1999-00 2000-001 Advertising; Services 100-80200-7203 15,000 15,000 Contract Services 100-80200-7227 15,000 15,000 TOTAL 30,000 30 000 ALTERNATIVE The Council could direct staff to prepare a RFP for Council approval. This alternative is not recommended given the experience BC&A have with the WIN Program and the interruption in continuity, service, and existing advertising agreements that may occur. ATTACHMENTS BC&A Contract C6-2 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day . of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and BARNETT, COX AND ASSOCIATES, hereinafter referred to as Contractor. WITNESSETH: WHEREAS,public information and education is an important component of the City ofSanLuis Obispo's Neighborhood Services/Crime Prevention program. WHEREAS,the Council of the City of San Luis Obispo approved funds in the 1999-01 Budget cycle. 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 fast written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed$30,000 per year. 3. 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 Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 4. 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 City Administrative Officer of the City. 5. 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. C6-3 Agreement Page 2 6. 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 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor David Cox Barnett,Cox and Associates 979 Osos Street,Suite F San Luis Obispo CA 93401 Phone: 805-545-8887 Phone: 805-545-0860 7. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk Mayor Allen Settle APPROVED AS TO F CONTRACTOR By. mey C6-4 EXHIBIT A X6.5 979 OSOS ST., 8 ,E SAN LUIS O . P CALIFORNIA 934C 8 0 5 . 5 4 5 . 8 8 8 fax 8 0 5 . 5 4 5 . 0 8 6 bca@barnettcox. co www. barnettcox . co Community Information And Outreach Program Presented to the City of San Luis Obispo Office of Neighborhood Services Submitted by: Barnett Cox &Associates January 20, 2000 C6-6 D V E R T I S 1 N C P U B L 1 C R E L A T 1 0 N S C R A P H I C D E S I G Summary of Outreach Program Barnett Cox &Associates (BC&A) has enjoyed working with the City of SLO's Office of Neighborhood Services department on past community education programs. This experience has enabled us to create identities for various City services and programs, execute advertising and information programs to promote them and generally work as a partner with City staff in achieving desired communications objectives. BC&A recommends the City build on its past successes and use established identities and programs for its Year 2000 information program plan. Specifically, BC&A's outreach programs will be consistent with past programs and will introduce new elements where needed. The outreach program needs to encompass two areas: Neighborhood Services and Crime Prevention. BC&A will devise communications programs which utilize a combination of advertising and public relations to inform and educate local citizens. The challenge for the communications programs is to inform residents and move them to desired behavior changes. The City of SLO has distinguished itself with ongoing outreach programs communicating City efforts.—using tools such as TV and radio PSAs, print ad campaigns, handouts and other public relations efforts to generate news coverage and publicity. The 2000 program is recommended to maintain these same tools as part of an overall outreach program. General advertising, public relations and grassroots community education are all critical to the continued success of City programs. Residents and business managers must be educated about City successes as well as informed about upcoming plans that may impact day-today life. C6-7 A D V E R T I S I N G P U B L 1 C R E L A T 1 0 N S G R A P H I C D E S I G Campaign Specifics Advertising • Integrate crime prevention messages into the public education WIN campaign. • Identify and develop a campaign theme for.print, radio and N designed to appeal to specific target groups and provide a platform for providing information. • Plan newspaper buys in order to take advantage of significantly lower contract rates. . Negotiate larger ad sizes or free color where appropriate. • Plan broadcast media buys to take advantage of the slower times whenever possible to obtain best rates. Negotiate matching bonus schedules with radio and N stations as public service. News Coverage • Produce fact sheets for distribution to news personnel on an as-needed basis. • Generate regular press releases and communicate story ideas to the media using mainstream and specialty local publications such as the San Luis Obispo Gazette. Grassroots Community Education • Work with other City offices to get information out to residents when appropriate. • Continue presence on campus at Cuesta College and Cal Poly. BCBA can produce all materials required. C6-8 A D V E R T 1 S 1 N G P 11 B L I C R E L A T 1 0 N S G R A P H 1 C D E S 1 G BudgeVFee Schedule Budget: $30,000 Agency Fees Agency Hourly Fees • Principals $100/hour • Art Director $100/hour • Associates $85/hour • Graphic Design $85/hour • Production $70/hour Commissions 15% of gross Materials 25% of net C6-9 A D V E R T 1 S 1 N G P U B L 1 C R E L A T 1 0 N S G R A P H I C D E S 1 G Exhibit B CONTRACT PERFORMANCE TERMS 1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. 2. Ability to Perform. .Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials,and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 3. Laws to be Observed. 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. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees,and give.all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever 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. 8. Preservation of City Property. 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 as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors 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. 11. Work Delays. Should 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. C6-10 Exhibit B:Contract Performance Terms Page B-2 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of 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. 14. 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. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the• work hereunder. Contractor further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. 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, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including .injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same,provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents, officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are"Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990-1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to,microcode, firmware,application programs, files and data bases.This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy,or statement of why this is not relevant to contract performance. 18. Contract Assignment. 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. C6-11 Exhibit B:Contract Performance Terms Page B3 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform;which notice must give Contractor a 10(ten)calendar day notice of time thereafter in which to perform said work or cure the deficiency. If 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 Contractor to said effect. Thereafter, neither party shall have any further duties,obligations,responsibilities,or rights under the contract. In said event, 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 Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in-progress in. completing the overall workscope. 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 Contractor be entitled.to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings,plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information,data,or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to famish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. Contractor will provide: a. Two copies of the final report which addresses all elements of the workscope. Any documents or materials provided by Contractor will be reviewed by City staff and, where necessary, Contractor will respond to staff comments and make such changes as deemed appropriate. b. One camera-ready.original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. C. When computers have been used to produce materials submitted to the City as a part of the workscope, Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible: C6-12 Exhibit B:Contract Performance Terns Page B-4 • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw, Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 32", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up two public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Insurance. 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 Contractor, its agents, representatives, employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employees Liability Insurance. • Errors and Omissions Liability. insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • 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. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and . defense expenses. C6-13 Exhibit B:Contract Performance Terms Page B-5 d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • 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 Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,agents or volunteers. • For any claims related to this project, 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 Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees,agents or volunteers. • 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. • 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. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL f. Verification of coverage. Contractor shall famish 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. C6-14 Nj''"'?rINGoo AGENDA From: Laurie Wolf<Iwolf@fix.net> To: asettle<asettle@ci.san-luis-obispo.ca.us>,jmarx<jmarx@ci.san-luis-obispo.ca.us>, • jewan <jewan@ci.san-luis-obispo.ca.us>, dromero <dromero@ci.san-luis-obispo.ca.us>, kschwartz <kschwartz@ci.san-luis-obispo.ca.us>, sstendahl <sstendahl@ci.san-luis-obispo.ca.us> Date: 3/21/00 4:42PM Subject: Item C-6 Ad Contract! Dear Council Members and Mayor, F�Ja�,V�: ❑FIN DD I ❑FIRE C LIEF Please use our money in a wise manner. This is not it! Item C-6: ❑PW DIR Neighborhood Services is an incredibly bad idea. OfOUCE CNF ❑REC DIR Our neighborhoods could use: t7 UTIL DIR ❑PERS DIR_ 1 An inventory of biological resources (and how to properly interface with such.) Some one to follow around behind the garbage company to pick up their litter and to teach them to be polite and care for our community. Bicycle cops to curtail the speed demons bent on killing children and pets in the neighborhoods (not to mention older people.) A daily intersection patrol at Palm and Morro and Palm and Osos where at peak traffic times tempers run ragged and lives are threatened by both drivers and pedestrians. All of the above are more sane, sensible and community wise ways of spending a spare$30,000. Laurie Wolf 279 Hermosa Way San Luis Obispo, CA 93405 546-8080 RECEIVED MAR 1 1 2000 SLO 109-I'V CLERK t}•.�FS RM. 'FETING AGENDA DATE �a=ITEM 9 RICHARD SCHMIDT 112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247 e-mail: rschmidt@calpoly.edu March 21, 2000 EYCOUNCIL ❑CDD DIR Item C-6: Neighborhood Services' $30,000 advertising contrac . QACA0 ❑Fi , G-AtTORN'Y ❑/r;/ To the City Council: VIA FAX ❑,,.�;,;;;", ❑O,cO DIR �3un(E ❑UTIL DIR PLEASE DO NOT APPROVE THIS ITEM. g2Yu O PERS DIR San Luis Obispo's older neighborhoods are going to hell due to city neglect. And people in the neighborhoods are becoming mad as hell about the city's neglect of their needs. The city claims it can't afford to do this, to do that, or whatever which neighborhood advocates would appreciate having done. At least that's what we are told. Yet the city comes up with a $30,000 expenditure program for "education/prevention" that does ABSOLUTELY NOTHING TO IMPROVE THE QUALITY OF LIFE IN OUR .NEIGHBORHOODS. This program is nothing but ineffective media blather. Neighborhoods reap no tangible benefit from it. This is insulting to the city's residents! It's like flushing money down the municipal low flow toilet. Instead of spending $30,000 on this transfer of wealth program to benefit a local ad agency and media owners, PLEASE REALLOCATE THIS M ONEY FOR STREET TREES, SPEED LIMIT SIGNS, POLICE SPEED PATROLS, TRUCK ROUTE SIGNS, NEIGHBORHOOD TRAFFIC MANAGEMENT, AND OTHER THINGS WHICH NEIGHBORHOODS WANT AND NEED IN ORDER TO MAKE A TANGIBLE DIFFERENCE FOR OUR CITY'S RESIDENTS' QUALITY OF LIFE. Richard Schmidt PS Staff will tell you this request isn't timely. Well, it's apparently NEVER timely. Residents cannot keep track of all the little minutiae staff slips into the budget. For that matter, can the Council keep track of them either?