HomeMy WebLinkAbout10/07/1997, C-5 - CONTRACT WITH BARNETT, COX AND ASSOCIATES FOR PUBLIC RELATION SERVICES council H.609
October 7 1997
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CITY O F SAN LUIS O B I S P O
FROM: John Moss,Utilities Directo
Prepared By: Ron Munds,Utilities Cons ation Coordinatoi�Z"��
SUBJECT: Contract with Barnett,Cox and Associates for Public Relation Services
CAO RECOMMENDATION
Approve a contract with Bamett, Cox and Associates(BC&A)for the amount of$35,000 for public
relations services and media purchasing related to the water conservation and recycling programs
and authorize the Mayor to execute the contract
DISCUSSION
This request is for the approval of a sole source contract with BC&A for the continuation of
services begun last year. At that time, BC&A was selected to provide public outreach services
following a competitive request for proposals for the water reuse,water conservation and
recycling programs. Of the 25 firms who were mailed RFP's,and four who attended the pre-
proposal conference, only BC&A submitted a proposal.
The scope of the services to be provided by BC&A are to assist the Utilities Conservation Office
in the promotion and media purchasing in support of ongoing programs such as the Retrofit
Rebate Program and new programs scheduled for implementation this fiscal year. Of the
$35,000 identified in the contract amount, $30,000 is for BC&A to purchase radio and print
advertising on behalf of the City for water conservation and recycling promotion and education.
The other$5000 will pay for creative services and production costs provided by BC&A for the
print ads and radio spots.
BC&A has provided an excellent and cost-effective service for the Water Conservation Program
since 1990. It is for this reason and the fact BC&A was the only firm to respond to last years
competitive request for proposals that staff is recommending that BC&A be approved to continue
their program promotion services.
FISCAL IMPACT
The contract amount is for$35,000. The approved 1997/98 Utility Conservation budget has
sufficient funding identified on page D-45 of the1997-1999 Financial Plan for these
expenditures. As stated previously,the breakdown for contract expenditures is as follows:
Dcscription Amount
BC&A Services $5,000
Media Purchases $30,000
TOTAL $35,000
Council Agenda Report-Contract with BC&A
Page 2
ALTERNATIVES
1- Council could direct staff to solicit competitive proposals from other firms for the services.
This is not recommended because the proposal process conducted last year yielded just one
proposal, that being from BC&A's. Additionally, BC&A has provided cost effective, quality
services for the water conservation program since 1990. There familiarity with the programs
will maintain continuity in the promotions already in progress.
Attachments
1. Contract with BC&A
2. Insurance certificate
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Attachment 1
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this 8th day of_
October. 1997by 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, community awareness and education is a key component of the Water Conservation and
Recycling Programs.
WHEREAS, for the past year Barnett, Cox and Associates has provided quality, cost effective public
relations services for these programs.
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 of this Agreement is made and
entered,as first written above,until acceptance or completion of said project
2. INCORPORATION BY REFERENCE. Contractor's proposal dated September 22, 1997 and
insurance requirements in Attachment I incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay
and Contractor shall receive therefor compensation based on hours and materials billed and cost of media
purchasing,total amount not to exceed Thirty-five thousand dollars ($35 000 001.
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required
by this Agreement and provide the necessary services as follows:
•Agency services,graphics and audio production- not to exceed$5,000
•Media purchasing/radio/print- not to exceed$30,000
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 City Administrative Officer,or designee.
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 City Clerk
City of San Luis Obispo
990 Pahn Street
San Luis Obispo,CA 93401
Contractor Barnett,Cox&Associates
979 Osos Street,Suite F
San Luis Obispo,CA 93401
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 parry.
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:
APPROVED AS TO FORM: CONTRACTOR
By:
gp#67(ey David tox,Vice-Presi nt/General Manager
Attachment I
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 Califomia 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 lability 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, is officers, official,
employees,agents or volunteers.
2. For any claims related to this project,the Contractor's insurance coverage shall be primary insurance as respects the City,
is officers,officials,employees,agents and volunteers. Any insurance or self-insurance maintained by the City,is officers,
officials,employees,agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it
3. Any fatlure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect
coverage provided to the Cly,is officers,officials,employees,agents or volunteers.
4. 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.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
cancelled 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.
6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where
an agreement to indemnify the additional insured would be invalid under Subdivision(b)of Section 2782 of the Civil Code.
Acceptability of Insurers. Insurance is to be placed with insurers with a current AM.Best's rating of no less than ANIL
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 is behalf. All
endorsements are to be received and approved by the City before work commences.
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Attachment 2
BARNETT,COX&ASSOCIATES,INC. COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: 144933677 POLICY PERIOD: 0422197 TO 04=98
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
STATE OR POLITICAL SUBDIVISIONS - PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
State or Political Subdivision:
CITY OF SAN LUIS OBISPO
ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement)
WHO IS AN INSURED (Section 11)is amended to include as an insured any state or political subdivision shown in
the Schedule, subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your behalf for which the
state or political subdivision has issued a permit
2. This insurance does not apply to:
a. "Bodily injury,""property damage,""personal injury"or"advertising injury"arising out of
operations performed for the state or municipality; or
b. "Bodily injury"or"property damage"included within the products-completed operations hazard"
CG 20 12 1185 Copyright, Insurance Services Office, Inc., 1984
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......................
..::
DATE(MM/DD/YY)
ACOI:D. CERT�F(: x�►7E 0FINSURA►NCE
so
08/28/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Smith, Falck, Caesar & Seider ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
40 East Alamar HOLDER. THIS CERTIFICATE DOES NOT AMEND, ERTEN' `R
ALTER THE COVERAGE AFFORDED BY THE POLICIES B
Santa Barbara, CA 93105 COMPANIES AFFORDING COVERAGE
COMPANY
ATrans ortation Insurance Company
INSURED
Barnett, Cox & Associates, Inc. co BANY
979 Osos Street, Suite F
San Luis Obispo, CA 93401 COMPANY
C
COMPANY
D
COVERAGES <` `.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUffEMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
CO TYPE OF INSURANCE POUCYNUMBER POUCY EFFECTIVE UCY EXPIRATIONi LIMITS
LTRDATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERALuAeluTY 144933677 04/22/97 04/22/98 !GENERAL AGGREGATE s2 000, 000
PW'NERS&CONTRACTOR'SPROI
MERCIAL GENERAL LIABLE 'PRODUCTS-COMP/OPAGGs2 000 000
CLAIMS MADE a OCCUR PERSONAL&ADV INJURY $1 000 , 000
EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE(Anyone Ilre)S 100, 000
MED EXP(Anyone person) s 10, 000
A AUTOMOBILE LIABILITY i I
ANY AUTO COMBINED SINGLE LIMIT 1$1, 000, 000
ALL OWNED AUTOS I BODILY INJURY
SCHEDULEDAUTOS !(Per person) s
X HIREDAUTOS BODILY INJURY
X NON-OWNED AUTOS �(Peraccident) 9
PROPERTY DAMAGE S
GARAGE UABILITY !AUTO ONLY-EA ACCIDENT s
ANY AUTO ;OTHER THAN AUTO ONLY:
EACHACCIDENT IS
AGGREGATE IS
EXCESS LIABILITY EACHOCCURRENCE S
UMBRELLAFORM AGGREGATE S
OTHER THAN UMBRELLA FORM Is
WORKERS COMPENSATION AND I STATUTORY LIMITS
EMPLOYERS LIABILITY
EACH ACCIDENT is
THE PROPRIETOR/ INCL !DISEASE-POLICY LIMIT S
PARTNERSlEXECUTIVE
OFFICERS ARE: EXCL !DISEASE-EACH EMPLOYEE Is
OTHER
I '
I
I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
City of San Luis Obispo, its officers, officials, employees and volunteers
are named as additional insureds as respects the General Liability.
CERTIFICATE HOLDER CANCELLATION,'
SHOULD ANY OF THE-ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T'-
City of San Luis Obispo EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TOM,
955 Morro Street -40 6AYSWRTTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LIFT,
San Luis Obispo, CA 93401 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: Sue Baasch OF ANY KIND U THE )PANY ITS AGENTS-GR�tEPRESENTATIVES.
AUTHORIZED REPRE ATIVE _
_I
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