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HomeMy WebLinkAbout1997-10-06 City Council (23)City of Polo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES AGENDA DATE::OCTOBER 6, 1997 CMR:414:97 SUBJECT:APPROVAL OF AMENDMENT NO. 1 TO CONTRACT #$7095293 WITH ADDISON OLIAN, INC. TO PROVIDE " ADVERTISING, MARKETING AND PUBLIC RELATIONS TO UTILITY MARKETING SERVICES AND COMMUNITY RELATIONS 5 This requests Council approval of Amendment No. 1 to the contract with Addison Olian, Inc., for FY 97-98 in the amount of $40,000. This consultant provides specialized advertising, marketing and public relations services. RECOMMENDATIONS: Staff recommends that Council approve and authorize the Mayor to execute the attached amendment to the contract with Addison Olian, Inc. ($7095293) to add additional funds of $40,000 for a total contract price of $61,000. POLICY IMPLICATIONS:. The approval of this contract is consistent with existing policies. EXECUTI~ SUMMARY: Project Description The Utility Marketing Services and Public Relations Group of the Resource Management Division serve as primary points of communications outreach and contact between, the Utilities Department and customers. The Utilities Department disseminates information to customers about current programs, technical resources and industry trends through a variety of media, including advertisements, case studies, newsletters, billstuffers, press releases, public event displays, fact sheets and program packets. As the energy industry is being restructured, the urgency to inform customers of the changes, produce new CMR:414:97 Page 1 of 3 promotional materials and strategize for competition has heightened the need for additional communications expertise. Addison Olian, Inc., is currently retained by the City for the above services. However, the funds currently set aside will be exhausted before customers are thoroughly educated about the deregulation of the electric industry. The additional funds requested will be used primarily to inform and educate all customer classes of the restructuring changes in the electric and gas industries, and the impacts to each customer segment. Original Selection Process Staff sent a request for proposal to 10 advertising firms on March 21, 1997. The proposal period was 18 days in order to provide quick turnaround to begin preparing for deregulation. A selection team consisting of staff from the Utilities Department and Purchasing Division reviewed the proposals. Six firms were invited to participate in interviews on April 15 and 16, 1997. The team carefully evaluated each firm’s qualifications and submittals in response to the RFP using the following criteria: samples submitted, description of how samples represent company and goals, suitability of style with City of Palo Alto Utilities, quality of work, ability to communicate, qualifications, experience, public relations experience, references, and cost. Each criteria was ranked on a scale of 1 to 10 (1 being poor, 10 being excellent). All of the criteria rankings were then added to rate each firm. Addison Olian, Inc., was selected for its extensive advertising, marketing communications and public relations experience. Its experience with integrating strategic planning, goals and creative concepts was also an important factor in its selection. Continuation of Contract The Utilities Department has been very satisfied with the quality of work to date by Addison Olian, ,Inc. Having recently conducted the RFP process and having knowledge of the services available, it is staff’s opinion that conducting another RFP process would not produce a more qualified candidate or one that understands the Utilities Department’s requirements better than the current agency due to its research and work completed and/or in progress on existing advertising, marketing and public relations activities. FISCAL IMPACT Funds for the project are included in the FY 1997-98 Utilities Operating Budget. This project was presented as a consultant contract to the Finance Committee and the Policy and Services Committee. It was not selected as a project for further review. CMR:414:97 Page 2 of 3 ENVIRONMENTAL ASSESSMENT These services do not constitute a project for the purposes of the California Environmental Quality Act. ATTACHMENTS Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Amendment to Contract with Addison Olian, Inc. (# $7095293) Contract # $7095293 Original Request for Proposal (RFP #95293) Selection Criteria Rating Initial Project Timeline and Budget PREPARED BY: Sherilyn Hill, Marketing Representative DEPARTMENT HEAD REVIEW: Jo Director of Utilities CITY MANAGER APPROVAL:"~~. _I~..LA_~ ~-MILY HARRISON Assistant City Manager CMR:414:97 Page 3 of 3 AMENDMENT NO. ONE TO CONTRACT NO. $7095293 BETWEEN THE CITY OF PALO ALTO AND ADDISON OL~AN, INC. This Amendment No.One to Contract No. $7095293 ("Contract") is entered into , by and between the CITY OF PALO ALTO, a chartered city and a municipal corporation of the State of California ("CITY"), and ADDISON OLIAN, INC., a California corporation, located at 2024. Broadway, Redwood City, CA 94063 ("CONTRACTOR"). REC~TALS~ WHEREAS, the Contract was entered into between the parties for the provision of advertising, marketing and public relations consulting services; and WHEREAS, the parties wish to amend the Contract; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION I. The section entitled "COMPENSATION" is hereby amended to read as follows: "COMPENSATION for the full performance of this Agreement: CITY shall pay CONTRACTOR on a project-by-project basis not to exceed $81,000." SECTION 2. Except a~ herein modified, all other provisions of the Contract, in~ludlng any exhibits and subsequentamendments thereto, shall remaln in full force and effect. IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. ATTEST:CITY OF PALO ALTO City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Mayor ADDISON OLIAN, INC. By: Its: Taxpayer I.D. No. 94-2789236 Director o-fUtl~l~s Acting Director of Administrative Services Risk Manager 971001 sya 0071293 STATE OF COUNTY OF ))) On notary public , before me, the undersigned, a in and for said County, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public 971001 syn 0071293 2 BY THIS AGREEMENT MADE AND ENTERED INTO ON THE BY AND BETWEEN THE CITY OF PALO ALTO "CITY", AND (ADDRESS) 2024 Broadway AGREEMENT NO. S7095293 [DATE TO BE ENTERED4thDAYOF June 1997 [BY CITY PURCHASING Addison Olian, Inc. California Corporation,a (C~TY) Redwood City, CA (ziP). 94063 (PHONE) 369.5656 "CONTRACTOR" IN CONSIDERATION OF THEIR MUTUAL COVENANTS. THE PARTIES HERETO AGREE AS FOLLOWS: " CONTRACTOR SHALL PROWDE OR FURNISH THE FOLLOWING SPECIFIED 1) GOODS AND MATERIALS, 2) SERVICES OR 3) A COMBINATION THEREOF AS SPECIFIED IN THE EXHIBITS NAMED BELOW AND ATFACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE: TITLE: (DESCRIPTION) Provide advertising and marketing communications services to the City of Palo ~Ito Utilities Marketing Services and Co~munlty Relations groups per attached Scope of Services @ EXHIBITS THE FOLLOWING ATTACHED EXHIBITS HEREBY ARE MADE PART OF THIS AGREEMENT: Exhibit A- Scope of Services Exhibit C - Agency/Cllent Agency-of- Exhibit B - Request for Proposal and Proposal #95293 Record form TERM THE SERVICES AND/OR MATERIALS FURN~SHED UNDER THIS AGREEMENT SHALL COMMENCE ON]~y 22.. 1997 AND SHALL BE COMPLETED BEFORE Mawr 21, 1998 COMPENSATION FOR THE FULL PERFORMANCE OF THIS AGREEMENT: ~KcITY SHALL PAY CONTRACTOR: On a proJ eLi-by-project basis - not to exceed $21,000. O0 [] CONTRACTOR SHALL PAY CITY: PAYMENT RECORD (DEPARTMENT USE REVERSE SIDE) CITY ACCOUNT NUMBER: KEY CODE OBJECT PROJECT PHASE NO.I DOLLAR AMOUNT 23230190-3120 I 810~500.00 23230170-3120 10,.500.00 GENERAL TERMS AND CONDITIONS ARE INCLUDED ON BOTH SIDES OF THIS AGREEMENT. THIS AGREEMENT SHALL BECOME EFFECTIVE UPON ITS APPROVAL AND EXECUTION BY CITY. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY, MONTH, AND YEAR FIRST WRITTEN ABOVE. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its Council Members, officers, employees, and agents from any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out of CONTRACTOR’& its officers’, directors’, employees’ or agents’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the perlormance of or failure to perform this agreement by CONTRACTOR. ENTIRE AGREEMENT. This agreement and the terms and conditions on the reverse hereof represent the entire agreement between the parties with respect to the purchase and sale of the goods, equipment, materials or supplies or payment for services which may be the subject of this agreement. All prior agreements, representations, statements, negotiations and undertakings whether oral or written are superseded hereby. PROJ ECT MANAGER AND RE~R~:SENTAT~VE FOR C,TY CONTRAC~ /DEPT Utllltv ~arketln= Service8 - [T!:~l:ItieSrlTLE ’ P.O. BOX 10250 PALO ALTO, CA 94303 Telephone 415o 329.22.51 SOCIAL SECURITY OR I.R.S. NUMBER 94-2789236 INVOICING SEND ALL INVOICES TO THE CITY, ATTN: PROJECT MANAGER CITY OF PALO ALTO APPROVALS’: (ROUTE FOR SIGNATURES ACCO, RDING TO NUMBEI~S IN APPROVAL BOXES BELOW) cITYDEPARTMENT~ ~---~Fun/~HaveBeenl FINANCE ..... ~,’,d..i.’~,v(-k ’[,~L,-,~i,~ / .., /" .../ , /I//// ..#, ,. ,, IF O~R ~ ~000, R~I ~ES Cl~ MANAGER’S SIGNATURE i IF OVER $25,000, REQUIRES MAYOR AND l~ A~ORNEY’ SIGNATURES CI~ 0F PAL~ ~LT0 ~ ~ ~A~EST:APPROVED.. I ~AST0~O,~; BY:RY~CITY MANAGER ~..,/,~/.~ ,=,~MAYOR CPA 02782 RETAIN GREEN COPY PURCHASINGFOR YOUR FILES CITY CLERK CITY ATTORNEY REV. 10/95 Scope of Services Addison Olian Provide advertising and marketing communications services. The areas requiring assistance may include, but not be limited to: ¯Work with City of Palo Alto Utilities (CPAU) to shape its image and identity and ultimately develop a promotional slogan ¯Assist with strategic plarining. °Assist with maximizing advertising and marketing resources. Aid in deve.loping a written Promotional and PR plan as it relates to deregulation and competition. Included: Client strategic meetings and conferences, objective and criteria setting, confirmation of agreed-upon decisions, timelines and budgets for implementation. Develop visual layouts and creative directions in rough (preliminary concept) form (not final art or copy) that will demonstrate the messages to be used in future ads and high- end materials to the general public and at least one to two commercial customer segmentsuin regards to positioning CPAU for deregulation and competition. ¯Make certain that any recommendations contain the decided look and feel to fit the image °Produce key message statements to be used in public relations--in regards to positioning CPAU for deregulation and competition. °Provide media training for principals as related to recommended public relations programs above. ¯Implement additional agreed-upon work according to budgets separately submitted and approved by CPAU. ¯Work with other CPAU contracted agencies to provide specifications to retain the image that is developed. Any out of pocket expenses to supply materials are to be separately estimated. ¯Will submit estimated charges for each project in advance for CPAU approval with Agency invoices to be based on signed estimates, plus sales tax and additions as agreed. Printing, production and media expenses are separately budgeted. Will provide standard Agency/Client Agency of Record form covering issues such as sales tax and intellectual property for approval and signature. City will have final approval and acceptance of all work provided by the agency. 5-O1-199"7 2:-48PH .FROM ADCISON OLIAN INC.~1,5 36"7 Sherilyn Hill City’of Palo Alto Utilities Dep.artment P.O. Box 10250 Palo Alto, CA 94303 ’ 88,~8 May 1, .1997 Dear Sherilyn: This letter is to confirm our understanding that you have retained ADDISON OLIAN liNC. as Agency of Record for the City of Palo Alto Utilities Department. As suhh, you authorize us to act as your agent in purchasing the materials &nd services required to produce communications materials, public relations, and advertising on your behalf in accordance with budgets approved by you for such purchases. ¯ ~D V£RTI$1/~ G You also authorize us to produce tangible personal property for your account from time to time as approved by you, You agree to reimburse us for the sales tax from such acquisitions so that we will comply with Regulation 1540 of the Board of Equalization, Department of Business Taxes, State of California. PUBLIC 1:~ ELATI 0~ 2024 Broadway tie dw..:,,od City CA 9z.063-1602 T. 4t5 359 5666 F ~5 367~.48 In producing the finished products, it is expressly understood that .the title to all materials purchased by us to complete the property to be produced passes to you at the time of purchase and prior to any use by us. Such materials may include, but are not limited to: artwork, illustrations ; photography, typography, airbrushing and photo retouching, film work, linotroni¢ prints, dies, lithographic film and plates, photo engravings, and other materials needed to prepare the finished product. However, it is also understood that preliminary art, meaning ro~aghs, visualizations, layouts and comprehensives prepared by us for the purpose of demonstrating an idea or message prior to approval for preparation of finished art, wilt remain our property. Cordially, ADDISON OLIAN, INC. President Accepted: CITY OF PALO ALTO UTILITIES DEPT. By: Title: Date: I’ALO AUO Utilities Department Utility Marketing Services/Community Relations Advertising/Communications Agency REQUEST FOR PROPOSAL (RFP) (Contract Administration RFP #95293) RFP CLOSES: April 8, 1997 ISSUED: March 21, 1997 PART I - TITLE PAGE CITY of PALO ALTO Administrative Services Department Contract Administration .First Floor, Civic Center 250°Hamilton Avenue .Palo Alto, CA 94301 P.O. Box 10250 Palo,AIto, CA 94303 REQUEST FOR PROPOSAL (RFP) The City of Palo Alto, Contract Administration, request a proposal in the behalf of Utilities Department, Utility Marketing Services/Community Relations Division for: PROJECT TITLE: AdvertisinglCommunicationsAgency DESCRIPTION of PROJECT:Provide advertising and marketing communication services including all incidental and related work as required by the Scope of Work under PART II herein. The SCOPE OF WORK OR SERVICES herein describes the scope of the project, the results expected, and the requirements of the Consultant or Contractor. Purchasing Contact: PROPOSAL OPENING: Marina Lutze, Buyer 415-329-2500 3:00 p.m. - Tuesday, April 8,1997 CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 1 PART I - RFP COVER LETTER PRE-PROPOSAL CONFERENCE INFORMATION: City of Palo Alto tbdUnder PART III, I. Instructions, Section B. PRE-PROPOSAL CONFERENCE INFORMATION, a pre-proposal conference IS NOT SCHEDULED for this project. PROPOSAL DOCUMENTS AVAILABLE: Purchasing & Contract Administration 1st Floor, Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 PROPOSAL REQUIREMENTS: The Proposer shall respond to all requirements in accordance with the terms & conditions, detailed information regarding the scope of project requirements, description and all schedules of PARTS I, II, & III herein. The Proposer shall be required to: (a) (b) (c) (d) (e) (f) (g) (h) agree with terms and conditionsof the Agreement; provide reports, plans, designs, and costs in accordance with the Proposal documents; be licensed with the State of California as required (or if required) by this Project; give experience and financial qualifications; sign Proposal; be knowledgeable of applicable California and federal laws and regulations and local ordinances; be able to meet insurance requirements, if required; and meet any other requirements as specified. OTHER REQUIREMENTS: Proposers responding to this RFP are required to submit with their RFP all of the requirements included in the Scope of Work or Services and those of Part III, Instructions, and Special Conditions herein. CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 2 PART i - RFP COVER LETTER City of Palo Alto The Proposal and any accompanying documents shall be submitted in a sealed envelope marked as follows: PROPOSALS TO BE DELIVERED TO: CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 3 PART I - RFP COVER LETTER City of Palo Alto TABLE OF CONTENTS: PART I - PART II- Cover Letter - Table of Contents - Directory Scope of Work or Services" A. Specifications for Advertising/Communications Agency for Utility Marketing Services/Community Relations PART III -RFP Instructions and Form Req’uirements Instructions A. B. C. D. Instructions to Proposers Pre-proposal Conference Information Submittal Requirements Consultant Selection Process Special Conditions Form Requirements Proposal Responses 305 Signature Pages 310 Acknowledgment of Addendum 410 Certification of Non-Discrimination 420 Experience and Financial Qualifications ADDRESS FOR PROPOSAL OR WORK RELATED INFORMATION: Purchasing & Contract Administration 1st Floor, Civic Center 250 Hamilton Avenue P.O. Box 10250 Palo Alto, CA 94303 ISSUED BY AND CONTACT FOR PROCEDURAL INFORMATION: Marina Lutze Buyer City of Palo Alto Civic Center, First Floor Phone:415.329.2500 Fax:415.329.2468 CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 4 PART I - RFP COVER LETTER City of Palo Alto Award and execution of the Contract shall be as described in the Request for Proposal documents. Prices and total shall include all applicable taxes. If errors in extensions and totals exist, the written unit rate with corrected extension and total shall prevail and will be considered as the actual base bid proposal amount. TERM OF AGREEMENT The term of this Agreement shall be for 12 months and may be extended for up to two (2) 12-month periods for a maximum of 36 consecutive months, subject to: City of Palo Alto City Council’s annual approval of each current year’s budget and appropriation of funds for this Contract; the Consultant’s compliance with the terms and conditions as established by this document (RFP); and, a mutual agreement to continue the Agreement with: (a} negotiations beginning 60 days prior to each 12 months’ anniversary date; (b) a mutual agreement to extend the Contract completed 30 days prior to each 12 month expiration date; (c)satisfactory compliance and extensions by the Consultant with the established certificates of insurance, licensing, permits, City’s Agreement or other requirements, if. any, of the Terms & Conditions; and, Notwithstanding the foregoing~.:the City may terminate this Agreement, with or without cause, by providing ten (10) days written notice to Consultant. Monies then owing based upon work satisfactorily accomplished shall be paid to Consultant. CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 5 PART I - RFP COVER LETTER City of Palo Alto PROPOSER’S SIGNATURE IN PART III, SECTION 305 (HEREIN) CONSTITUTES AN AGREEMENT TO THE TERMS AND CONDITIONS OF THIS SECTION (PART II, SECTION 300) END OF SECTION 00001 CITY of PALO ALTO: RFP (rev.8/96)RFP SECTION 1- Page 6 Utilities Department Utility Marketing Services/Community Relations Advertising/Communications Agency REQUEST FOR PROPOSAL (RFP) PART II SCOPE of WORK or SERVICES SPECIFICATIONS CITY of PALO ALTO: RFP (12/96) PART II - SCOPE of WORK or SERVICES City of Palo Alto SPECIFICATIONS for ADVERTISING/COMMUNICATIONS AGENCY for UTILITY MARKETING SERViCES/COMMUNITY RELATIONS This is a request for quotation to provide advertising and marketing communication services to the City of Palo Alto Utilities’ (CPAU) Marketing Services and Community Relations groups. Possible responsibilities include (but are not limited to): designing program packets, brochures and advertisements; developing marketing and communicaitons plans and preparing news releases and customer bill inserts. Background The City of Palo Alto Utilities Department has been in operation for almost 100 years. We are a municipal utility system, one that is owned and operated by the City (and, therefore, the City Residents). The customer segments we service include: residential, commercial, corporate, institutional and industrial classes. The main commodities we provide are water, electricity and gas to utility customers. The benefits we provide are low rates, fast responses, local political control, reliable delivery and a positive environmental focus. Utility Marketing Services and Community Relations are the two main points of contact between the Utilities Department and customers. Through various media we convey current programs, educational and technical information and industry trends and updates to our customers. Mediums for presenting this information include: advertisements, case studies, newsletters, billstuffers and program packets. As utility industries are changing and being restructured, the urgency to produce new, high-end promotional packages has been heightened. Specifications ¯ Bidder must complete all attached forms. Bidder may submit additional information on separate sheets. Prices quoted are to remain firm for one year. The contract period is for one year. The contract may be extended for up to two additional years by City Council/City Manager. The contractor shall have the right to accept or reject the extension. ¯City reserves the right to select mor~ than one agency depending !apon bidding agencies’ experience and expertise to meet City’s requirements. °City will have the final approval and acceptance of all work provided by the agency. ¯Bidder is to include five samples of work relevant to this project. CITY OF PALO ALTO: tbd Page 7 PART II - SCOPE of WORK or SERVICES City of Palo Alto Evaluation of Bids Selection criteria will include, but not be limited to (not in priority of order): Qualifications and experience of consultant’s proposed manager and key staff Similar experience and expertise in th.e type of work required Completeness of the Proposal submitted . Samples as required Suitability of style with CPAU Cost References If you have any questions, please call Marina Lutze, Buyer, at 415-329-2500 END of SECTION CITY OF PALO ALTO:’ tbd Page 8 Utility Department, Utility Marketing Services/Community Relations Advertising/Communications Agency REQUEST FOR PROPOSAL (RFP) PART III - CONTRACT ADMINISTRATION INSTRUCTIONS & FORMS PROPOSAL RESPONSE CiTY of PALO ALTO: RFP (12/96) PART Iii - INSTRUCTIONS and FORMS City of Palo Alto - RFP A0 INSTRUCTIONS TO PROPOSERS: Proposal Format: Proposals shall be submitted in accordance with the following Instructions to Proposers and the Scope of Work or Services -. Specifications and Requirements (PART III, herein) to receive consideration: 1.0 Unless otherwise called for, two (2) copies of the Proposal, typewritten, shall be submitted. 2.0 Proposals shall not contain any modification of the work or services to be done under the scope of the project. Alternative proposals are acceptable when called for. Exceptions to requirements must be clearly identified in writing with full explanations. 2.1 When requested, the Consultant shall furnish a statement of financial responsibility and experience in the Proposal. 2.2 Before submitting a Proposal, the Consultant shall examine and read the enclosed documents. 3.0 This RFP shall not commit the City to award a contract, to p~y any costs incurred in the preparation of proposal made in response to this RFP, or to procure or contract for services. Interpretation: If any person contemplating the submittal of a proposal for the Project is in doubt as to the proposal procedures, such proposer should contact the Purchasing Contact. Any interpretation or correction of this RFP will be made only by addendum sent to those who have received an RFP. City will not be responsible for any other explanations or interpretations of the RFP. Withdrawal of Proposal: Any proposer may Withdraw a proposal, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of the proposals in response to this RFP. No proposer may withdraw a proposal for a period of sixty (60) days after the time and date set for opening thereof. Consultants Interested in M.ore Than One Proposal: No person, firm or corporation shall be allowed to file or be interested in multiple proposals for the same work or services unless alternative proposals are requested. Addendum: Any addendum issued during this RFP process shall be indicated in the RFP response (PART I1. "Acknowledgement") and shall be .m, ade a part of the .agreement between the City end the selected consultant. Proposal List: Unless receipt of this RFP is acknowledged, in the form of a letter or .a "no response," the Consultant’s name may be removed from the applicable mailing list. Mailing lists are maintained solely as an accommodation to proposers. A "No Response" response may be submitted on company letterhead or via FAX. Purchasing’s FAX: (415) 329-2468. Opening of Proposals’. All proposals, regardless of any irregularities or informalities, will be opened and only the name of the consultant publicly read aloud at the time and place set forth herein. Late CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page PART III - INSTRUCTIONS and FORMS City of Palo Alto - RFP (delivered) proposals may be rejected. 1.0 In cases where only one proposal is received, such proposal will be publicly ope’ned and the name of the consultant read aloud. Proposers, or their representatives and other interested persons, may be present at the ~pening of the responses to the RFP. Disputes: in case of discrepancy between words and figures when evaluating the proposals, the words shall prevail; provided; however, that the City reserves the right to construe any proposal according to its true intent where it contains a patent mistake. .Decision 1;o Rejecl;: The City reserves the unfettered right to reject all proposals for any reason or for no reason, to re-advertise a proposal, or to cancel a proposal listing and elect to perform the Project and Work itself. The City reserves the righ:~ to reject as non-responsive any proposal which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance with the requirements of this Request For Proposal. Scope of Work or Services: Proposer shall be deemed an independent contractor and not an agent, subcontractor or employee of the City. Proposer shall not enter into a subcontract agreement without City’s prior consent. The Services and Work required are attached hereto as PART II and incorporated herein by this reference. Reference to Cost or Costs: Any reference to "cost" or "costs" throughout this document is done so purely on the basis of discovering the relationship of the overall estimated costs to budget available. The City shall select these services on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services and work required. Invoicinq and Verification of Costs: 1.0 Consultant shall submit invoices, monthly, in triplicate for the cost of services provided during periods or as may be required in PART II as specified. Such costs shall be identified as defined in the Proposal project tasks and requirements from PART II of this RFP, with sufficient detail to provide verification of the invoiced amount. Invoices shall include all applicable supporting documentation and shall group charges by fee (where. applicable), payroll costs billed and other expenses. 1.1 Invoices with proper documentation, and references,-as outlined herein shall be submitted to the: CITY of PALO ALTO P.O. Box 10250 Palo Alto, CA 94303 Attention: Utility Marketing Services/Community Relations CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page 2 PART III - INSTRUCTIONS and FORMS City of Palo Alto - RFP B~ 2.0 Consultant shall maintain books and records supporting all reimbursable costs for services provided under the agreement. City shall have access (within normal business hours) to such books and to all other records of the consultant as required to verify any and all reimbursable costs invoiced. PRE-PROPOSAL CONFERENCE INFORMATION h; pre-proposal conference IS NOT SCHEDULED for this project. ¯ SUBMITTAL REQUIREMENTS As a minimum, interested consultants shall provide the following: A brief statement of the consultant’s overall understanding of the nature of the project and the services to be provided under this RFP. = A brief description of the background and capabilities of the consultant, and any subconsultants, and a statement of direct relevant experience with similar projects. Completeness of the Proposal submitted. Narhes of specific individuals, of both consultant and any subconsultant firms proposed for this project, including their role and relevant experience with similar projects. Five references including contact name, address and phone number. CONSULTANT SELECTION PROCESS As a minimum, the evaluation of the proposals and selection of the consultant, including any proposed subconsultants, will be based on the following as well as the criteria listed in PART I1: 2. 3. 4. Qualifications and experience of proposed project manager and key staff; Similar experience and expertise in the type of work required; Demonstrated experience and methodology used in performing similar services The response to this RFP, including the consultant’s approach and methodology proposed; and, The proposed fee relative to the services to be provided. The City may conduct interviews with the finalists candidates prior to selecting a consultant. Finalists will be notified of the time and place of the interviews. Consultant will be selected based on the evaluation of proposals and interviews. END of SECTION CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page 3 PART III - INSTRUCTIONS and FORMS City of Palo Alto - RFP II. SPECIAL CONDITIONS Conflict of Interest: The selected consultant and any subconsultant may be required to comply with City’s conflict of interest code by filing a’financial disclosure form entitled "Statement of Economic Interest, Form 730." This will depend o~ whether the consultant or subconsultant is a consultant so defined under the California Political Reform Act and whether the range of duties and the services to be provided under the agreement entails the making or participation in the making of decisions by the consultant or subconsultant which may foreseeably have a material effect on any financial interest of the consultant or subconsultant’with respect to the agreement and the nature of the services to be rendered will not be limited in scope nor primarily ministerial in nature. Force Majeure, Performance of the agreement by each party shall be pursued with due diligence in all requirements hereof; however, neither party shall be liable for any for delay or nonperformance due to causes not reasonably within its control. In the event of any delay resulting from such causes the time for performance and payment hereunder shall be extended.for a period of time reasonably necessary to overcome the effect of such delays. In the event of any delay or nonperformance caused by such uncontrollable forces, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement thereof and the anticipated extent of such delay, and shall indicate whether it is anticipated that the completion dates would be affected thereby. Insurance: The selected consultant must provide a certificate of insurance in a form acceptable to City’s Risk Management prior to entering into the agreement. The certificate shall evidence the ¯ consultant’s insurance coverage in the forms and amounts set forth in Exhibit "A" or SECTION 00650 to this RFP. The consultant shall maintain such insurance as will cover and include the entire obligation assumed in the agreement as well as such insurance as will protect the consultant from claims and liability under Worker’s Compensation Acts, personal liability, property damage, and all other claims for damages, including personal injury, and death, which may arise from operations under the agreement. For additional information contact Purchasing, (415) 329-2178. Ownership: All drawings, plans, reports, specifications, calculations, and other documents prepared by the consultant under the agreement shall become the property of City. In addition, any advertising, Iogos, graphics or other similar items developed at City’s expense shall become the property of City. At City’s request through Purchasing or the Project Manager, such documents or items shall be delivered to City upon completion of consultant’s services under the agreement; however, the consultant may retain and use copies thereof. All-non-final drafts, notes and working documents prepared by the consultant during the term of the agreement, shall be retained by the consultant for a period of three years, and shall be available to the City for review and copying upon 48 hours written notice. Records and Audits: Consultant shall mainta’in accurate and complete records specifically relating to the Services provided under the agreement. Consultant shall also keep records and books of account showing all charges, disbursements, or expenses made or incurred by consultant in the performance of the service herein. Records shall be created which are relevant in determining whether consultant is complying with its obligations hereunder. City shall have the right to inspect and audit the books, records, and other items relating to this Agreement. Consultant shall provide security and retain such records and items for a period of three years from date of final payment under this agreement. CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page 4 PART III - INSTRUCTIONS and FORMS City of Palo Alto - RFP Security of Data: The Consultant agrees that any data provided by the City shall: 1.O 2.O Be kept in confidence and not disclosed to third parties without the prior written approval of City; and Not be used in the production, or design 0f any article or material, report or press release, without City’s prior written consent. These obligations shall survive the terminatio,n of the agreement. The consultant shall return and deliver all data to City upon City’s request, and in any event upon the completion or termination of all work hereunder, whichever first occurs, and the consultant shall be fSIly responsible for the care and protection of data until such delivery. Schedulinq: Consultant shall develop and maintain a detailed schedule for the work required under the agreement. Consultant shall submit progress data as required by the Project Manager which shall include the percentage complete and actual start date and actual finish date for all activities worked on by consultant under the Project as required by the Project Manager. Subconsulting: Should any proposer contemplate subconsulting any part of the work or services under the Scope of Project, it shall submit with its proposal a description of the work or service to be done under such subcontracts together with the name of the proposed subconsultants who shall perform any part of the Project. Taxes." Except where specifically provided, the proposal fee(s) sl~all include all federal, state, and local sales, Use, excise, transportation, privilege, occupational, and other taxes applicable to service, materials or equipment furnished under the agreement or by the consultant’s payroll. The consultant agrees to indemnify and save City harmless from and against any liability for any such taxes, or payroll premiums and contributions. .Chanqes: The agreement shall not be assigned or transferred without the written consent of City. No changes or variations of any kind are authorized without a written and signed amendment to the agreement. The proposed work or services shall be diligently prosecuted in accordance with the Project schedule negotiated by the Contractor/Consultant and Project Manager. The schedule may be subject to extensions or reductions as may occur from time to time during the course of the Work which shall be effectuated by change orders duly executed by the Project Manager and Contract Administration. .Standard of Performance: 1 .O The selected consultant shall be required to unconditionally warrant that it shall use sound and professional principles and..practices in accordance with the highest degree of skill and care as those observed by national firms of established good reputation as well as the current normally accepted industry standards, in the performance of services required herein. The performance of the consultant’s personnel shall also reflect their best professional knowledge, skill and judgement. 2.0 If any failure to meet the foregoing warranty appears during the term of the agreement the City may terminate the agreement and require reimbursement of all expenses necessary to replace or restore such services. CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page 5 PART III - INSTRUCTIONS and FORMS City of Palo Alto - RFP Indemnity: The selected consultant hereby agrees to protect, indemnify, defend and hold harmless City, its officers, agents, and employees from .any and all demands, claims or liability of any nature, including wrongful death, caused by or arising out .of the Consultant’s, its officers’, agents’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law may impose strict liability on the Proposer in the performance or nonperformance of the agreement. Affirmative Action Requirement: The Consultant shall be required to comply with all laws concerning non-discrimination and affirmative action’ in employment, and shall be subject to all penalties, including penalties set forth in the Palo Alto Municipal Code, in the event of ~a violation of this provision. City’s affirmative action guidelines and compliance report forms are available, when required, at the office of the Purchasing Manager in addition to those included herein. ADA Information: Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs; or who require this document be provided in other accessible formats; or who would like information on the City of Palo Alto’s compliance with the Americans with Disabilities Act (ADA) of 1990 should contact the ADA Director for the City of Palo Alto at (415) 329-2550. Interest of Proposer: At all times the consultant shall be deemed to be an independent contractor and the proposer shall not be authorized to bind City to any contract or other obligation. Under the agreement, the consultant shall certify that no one who has or will have a.ny financial interest under the agreement ’is an officer or employee of City. Entire Aqreement: The agreement between City and the selected consultant will constitute the entire agreement of the parties hereto, and will supersede any previous agreement or understandings. The agreement may not be modified except in writing and executed by both parties. - Governinq Law: The laws of the State of California shall govern this RFP process and the agreement. All services provided to City shall comply with all policies, rules and regulations which may be in effect during the term of the agreement, as well as all federal, California and local statutes, ordinances, and regulations. End of Instructions Section CITY OF PALO ALTO - RFP (Rev.9/94)Instructions Page 6 PROPOSAL RESPONSES Name Of Company. I - RATES: 1.Design 2.Client consultation 3.Editing 4.Lay-out 5.Blue-line proofing 6.Press check 7.Travel/mileage 8.Film separation 9.Other Per hour II - Estimate of amount of time and cost to complete the following projects from design to providing final output on disk (printing excluded). Assume you are given an outline of information and appropriate consultation with client. Samples included correspond to the estimates requested. Most are one or two colors. Item No. 1. o o Description Double-sided brochure (8-1/2" x 11", folded) Newsletter (11" x 17", two-sided, folded) Bill insert (7" x 11", one-sided) Advertisement (approx. 10-1/4" x 14-1/2", size of our local full-page newspaper ads) News release Time Cost 6.Program packet PROPOSAL RESPONSES Name of Company III- Please indicate your familiarity or experience with the following: 1. Number of years company has been in business: Familiarity with government regulated industries: Not familiar Somewhat familiar Familiar Please explaln: Very familiar o Familiarity with the electric power industry: Not familiar Somewhat familiar Familiar Please explain: Very familiar Familiarity with the natural gas industry: Not familiar Somewhat familiar Please explmn: Familiar Very familiar o Familiarity with the water industry: Not familiar Somewhat familiar Please explain: Familiar Very familiar ’ o Familiarity with commodity marketing and sales: Not familiar Somewhat familiar Familiar Please explain: Very familiar Familiarity with high technology, business-to-business marketing and sales: Not familiar Somewhat familiar Familiar Very familiar Please explain: 8. Familiarity with consumer marketing and sales: Not familiar Somewhat familiar Familiar Please explain: Very familiar PROPOSAL RESPONSES Name of Company. Experience with branding and image campaigns: Not familiar Somewhat familiar Familiar Please explain: Very familiar 10. Experience with public relations materials: Not familiar Somewhat familiar Familiar Please explain: Very familiar 11.Experience with crisis management: Not familiar Somewhat familiar Please explain: Familiar Very familiar IV - Company’s services, specialties and experience: 1. Please give us a brief description of your agency’s services and specialties: 2. Do you ~vrite public relations materials - e.g., news releases, feature articles, op-ed pieces, etc.? o Do you design displays? Trade show Point-of-purchase 4. Have you written information for the Internet or a Web page? .. 5. Do you design and program Web pages? 6. Please check all methods of transferring information to which you have access: __Fax uDeliver disk/final product in person __E-mail mSend disk/final product in mail Internet 7. Are you MAC or PC based? PROPOSAL RESPONSES Name of Company: V - List of references - provide at lea~t five (5): Name of company Contact person Phone no.P~:oject Additional information about your company and proposed manager and key staff should be submitted with this proposal on separate sheets. PART III - PROPOSAL FORMS SECTION 305 SIGNATURE PAGE RFP #95293 Advertising/Communications Aqency The undersigned hereby certifies that, directly or indirectly, they or their representativ.es and agents have not colluded with other~ parties interested in this Proposal. Consultant OR Contractor ~s.a:" ~ ....-~, ~<%~’ ~ California Corpora~ioh, or.~ , ~ Calif0rnia,Limited Liability,~sm~’~ny, or a ~ Corporationbrgan~ under:~the laws of the State of,-~: ~.~’~ ~. with head and offlcesqn Cahfornm at/ ~".,-"~ ......." ~..~,.~ ~.-. ~-:~,.~ . / ~.,(Attach addendum ,~f ~ Sole~Propnetorsh~p including any fictitious,business name (ue.,~dba),~or a ~ Pa~nersh p (l~st names’of partners; state w~ch partner or partners are,managmg~part~er(s). ~ ;’Other.(Attach~addendum spemfymg details)~,~:~’ D~{ed ~ 1 9~Signature#b#low,.must be the same as will. stgn Cont~a#t. Name of Contact Person: CITY of PALO ALTO: Signature Page - (7/95)SECTION 305-1 CERTIFICATION of NONDISCRIMINATION SECTION 410 Certification of Nondiscrimination: As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below certify that they do not discriminate in employment with regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual preference; that they are in compliance with all Federal, State ~ind local directives and executive orders regarding nondiscrimination in employment; and that they agree to demonstrate positively and aggressively the principle of equal opportunity in employment. The Bidder agrees specifically’< ~..~ ;,.’; ..................... =<.,.-:.- .,~ 1.0 To es{ablis~ .or*~sbsewe ~-emplo)~ent ~olicies~NSi~h ~affirmatively ’ promote oppo~un~t #~ for, m~nonty persons.at all job eve s 2 0.~,:" Zo commun=cate thB pohcy~to all.,persons concerned ~nclud~ng~91Lemployees, /~,.~,~" outs=de reCru~t~ng.sew~ces "es#ec~llythdse sewing mingrity.commUnities and to the m~nonty-commun~t~es at large; "~.. To take affirmat=ve action steps to.h~re m=nonty employees ~th~n the organization. > 4.0 To ,be knowledgeable of the#.l£cal, state, and federal laws ~d.¢regulatlons { < f.:~+:-...oo~oem ng ~lr~a[ ve ao[ o~-pOllOlOS o~ pFOVlde oppoR~l[les<lor employoe~ Title of O~cer SIg~l~g:"f)_ -~..’L~,.~; ’, .... Please in~16de ~ny ~6~llion~l Inform~llon~v~ila~le;{,reg~r~in9 equal qppo~unlty;employment programs now m effect ~ithln your co~paBy.~,:~%~,. ..~+~+; "(Rlease attach ~d~it~oBal.pages~necessa~) END OF SECTION CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1