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HomeMy WebLinkAbout1999-03-15 City Council (16)TO: C ty HONORABLE CITY COUNCIL City of Palo Alto Manager’s Report 4 FROM:CITY MANAGER DEPARTMENT: HUMAN ! -::~,SOURCES DATE: SUBJECT: MARCH 15, 1999 CMR:177:99 APPROVAL OF BLANKET PURCHASE AGREE1Vi:I~NT WITH CAMERON-NEWELL ADVERTISING, INC. FOR RECRUITMENT ADVERTISING SERVICES RECQMMENDATION Staff ~commends that Council: Approve and authorize the Mayor to execute the attached Blanket Purchase Agreement with Cameron-Newell Advertising, Inc. in the amount of $80,000 for one year to provide the City of Palo Alto with recruitment advertising and collateral services. Authorize the City Manager or her designee to exercise the option to renew the agreement for the second and third year in the amount of $80,000 per year, provided the contractor is responsive to the City’s needs and the quality of the contractor’s work is acceptable during the first year of the contract. DISCUSSION project Description : The work to be performed under the contract is the provision of recruitment adx~ertising services, including copywriting services, layout and artwork for display ads, media and organizational research and ad placement in newspapers, professional journals and Internet sites. Also included may be ancillary services such as development of campus/job fair recruitment materials, employee referral program publicity materia~.~, and assistance with on- line/web site development. Selection Process Staff sent a request for proposals (RFP) to ten agencies on September 18, 1998. The proposal period was 25 days and there was no pre-proposal meeting required. A total of five firms submitted proposals: Austin Knight, Advance Recruitment Advertising, TMP Worldwide, Cameron-Newell, and Bernard Hodes. CMR:177:99 Page 1 of 2 Bill rates proposed are delineated in the table included as Attachment A. Those firms not responding indicated that they did not submit aproposal because they were not interested at this time, or were interested in only a part of the RFP. In the case of one firm, they had recently merged with another firm that had already submitted a proposal. One firm submitted a late bid which was returned unopened. A selection advisory committee consisting of Administrative Services and Human Resources Department staff reviewed the proposals, and four firms were invited to participate in oral interviews on December 9 and 15, 1998. The committee carefully reviewed each firm’s qualifications and submittal in response to the RFP relative to the following criteria: 1) ability to provide the requested services at reasonable and competitive rates; 2) creative and relevant work samples and e:~perience; 3) availability of Internet expertise, i.e. development of on-line job application form; 4) references from local public sector or non- profit agencies. Cameron-Newell Advertising was selected because its proposal represented the best combination of competitive bill rates and quality staff and services. RESOURCE IMPACT Funds for this project are available in the Human Resources Department operating budget. ENVIRONMENTAL REVIEW This is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A: Attaclunent B: Attachment C: Blanket Purchase Agreement HRE00314 Request for Proposal #RFP109551 Bill rate comparison table PREPARED BY: Leslie Jennings,Resources Representative DEPARTMENT HEAD: JA~. ROUNDS Director of Human Resources CITY MANAGER APPROVAL: EMILY~SON -- Assistant City Manager CMR:177:99 Page 2 of 2 TO: PURCHASE ORDER City of Palo Alto Cameron-Newell Advertising Inc 16001Ventura Blvd., Suite 200 Encino, CA 91436 VENDOR I.D.TERMS F.O.B. POINT 0.52115 N~..’r’ .qO ~’_O_B_ P~lo Alt~S DELIVERY DATE ORDER DATE DEPT. / DIVo 03./,ql!O0 I 02/28/9~~4RE!Jenn~ngs!2213 ,TEM QTY,UNIT DESCRIPTION SHIP VIA BUYER I M. Lutze BID / REQUEST NUMBER 00109551 *****BLANKET PURCHASE AGREEMENT***** Provide recruitment advertising ser- vices including copywriting, layout and artwork for display ads, media and organizational research and ad placement in newspapers, professions journals and Internet sites, etc. Ms also include ancillary services such as development of campus/job fair recruitment material, employee referral program publicity material~ and assistance with on-line/web site development, etc. Per Request for Proposal RFP#109551 and Website Development Responses for the City of Palo Alto dated 12/29/98 and 1/21/99. ESTIMATED VAL. $80,000 for the perle 03/16/1999 through 03/81/2000. CONTACT:Leslie Jennings 650-329-2213 SEND INVOICE TO THE "SHIP. TO" ADDRESS BELOW THE BLANKET *** CONTINUED *** PLEASE NOTE: THIS P.O. NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERS AND CORRESPONDENCE PERTAINING TO...~.~_THIS ORDER 1 d PURCHASE ORDER (P.O.) No, HREO0314 SHIP TO Human Resources-lst Floo City of Palo Alto Civic 250 Hamilton Avenue Palo Alto, CA 94301 MAIL INVOICES TO City of PaiD Alto Accounts Payable P.O. Box 10250 PaiD Alto, CA 94303 K~ CODE-O~ECT UNIT PRICE ORDER AMOUNT 02322140 3120 80,000.0¢ 80,000. DIRECT ALL \CITY OF PALO ALTO COMMUNICATION\PURCHASING DEPT. AND ,)P.O. BOX 10250 %CKNOWLEDGEMENT/PALO ALTO, CA 94303 / (650) o,~a ,~,~-,~ DELIVERIES ACCEPTED ONLY BETWEEN 8:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN. VENDOR CM NOTVALID UNLESS SIGNED TAX. ~ PURCHASING MANAGER TOTAL THIS P,O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW, AND ON THE REVERSE SPECIFICATIONS - Any specifications and/or drawings referred to and/or attached hereto are expressly made a part o this Purchase Order. DELIVERY - Please notify the City promptly if delivery cannot be made on or before the date specified. ORDER IDENTIFICATION - Show the P.O. number on all shipping labels, packing lists, invoices, and communications. I partial shipment is authorized, so indicate on all documents, Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. TAX - This Purchase Order is exempt from Federal Tax, (Certificate furnished upon request) but is subject to sales tax when applicable. TO: VENDORI.D. 352115 I DELIVERY DATE 33/31/001 ~EM QTY. UNIT DIRECT ALL ~ COMMUNICATION\ AND ,,) ACKNOWLEDGEMENT/ TO , / PURCHASE ORDER City of Palo Alto Cameron-Newell Advertising Inc 16001 Ventura Blvd., Suite 200 Encino, CA 91436 TERMS NET 30 ORDER DATE 02/26/9~ F.O.B. POINT SHIP VIA BUYER F.O.B. Palo Alto M. Lutze DEPT. / DIV. BID / REQUEST NUMBER HRE/Je nn ings/2213 DESCRIPTION 00109551 KEY CODE-OBJECT ORDER PURCHASE NUMBER IN THE UPPER RIGHT-HAND CORNER. CHANGES. No changes are allowed to this order without an authorized "CHANGE ORDER"! CITY OF PALO ALTO PURCHASING DEPT. P.O. BOX 10250 PALO ALTO, CA 94303 (650) 329-2271 /PLEASE NOTE:| , THIS P.O, NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES, SHIPPING PAPERSAND CORRESPONDENCE PERTAINING TOTHIS ORDER DELIVERIES ACCEPTED ONLY BETWEEN 8:00 AM & 3:00 PM UNLESS OTHER ARRANGEMENTS ARE INDICATED HEREIN. VENDOR CM PURCHASE ORDER (RO.) No. HRE00314 SHIP TO Human Resources-lst Floo City of Palo Alto Civic 250 Hamilton Avenue Palo Alto, CA 94301 MAIL INVOICES TO City of Palo Alto Accounts Payable P.O. Box 10250 Palo Alto, CA 94303 UNIT PRICE ORDER AMOUNT NOT VALID/~/~’G EDJ PURCHASING MANAGER THIS P.O. IS SUBJECT TO THE TERMS AND CONDITIONS STATED BELOW~ AND ON THE REVERSE SPECIFICATIONS - Any specifications and/or drawings referred to and/or attached hereto are expressly made a part of this Purchase Order, DELIVERY- Please notify the City promptly if delivery cannot be made on or before the date specified.ORDER IDENTIFICATION - Show the P.O. number on all shipping labels, packing lists, invoices, and communications. It partial shipment is authorized, so indicate on all documents, Complete packing lists must accompany each shipment. INVOICE - A separate invoice is required for each order. Send to address indicated above. TAX - This Purchase Order is exempt from Federal Tax, (Certificate furnished upon request) but is subject to sales tax when applicable. ATTACHMENT B HUMAN RESOURCES DEPARTMENT PROJECT TITLE: ADVERTISING SERVICES REQUEST FOR PROPOSAL (RFP) #109551 RFP CLOSES: 3:00 P.M., OCTOBER 6, 1998 ISSUED: SEPTEMBER 11, 1998 TABLE OF CONTENTS: PART I - PART II - Request for Proposals (RFP) Scope of Services B. C. D. Introduction Background Services to be Provided Proposal Guidelines Evaluation of Proposals PART III -RFP Instructions and Form Requirements Instructions A.Instructions to Proposers B.Pre-proposal Conference Information C.Submittal Requirements D.Contractor/consultant Selection Process Special Conditions Form 305* 310" 410" 420* 650 Requirements Signature Pages Acknowledgment of Addendum Certification of Non-Discrimination Experience and Financial Qualifications Insurance Certificate Requirements *Completed formsto be submitted with proposal PART I REQUEST FOR PROPOSAL (RFP) DATE: September 11, 1998 RFP NUMBER:#109551 The City of Palo Alto, Contract Administration, requests a proposal on behalf of the Human Resources Department for services in accordance with the requirements set herein. PROJECT TITLE: ADVERTISING SERVICES .DESCRIPTION of PROJECT:The Human Resources Department is seeking to retain the services of an advertising agency to provide advertising services for employment and recruiting purposes. Minimum requirements are described in the scope of Services (Part II). Purchasing contact: Marina Lutze (650) 329-2500 PROPOSAL OPENING: 3:00 p.m. - Tuesday, October 6, 1998 A PRE-PRoPOSAL CONFERENCE IS NOT SCHEDULED for this project. PROPOSAL DOCUMENTS ARE AVAILABLE AT: City of Palo Alto Purchasing Division, 1st Floor 250 Hamilton Avenue Pal0 Alto, CA 94301 RFP NO. 109551 PART I Page 1 of 3 PART I 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) © (d) (e) (0 (g) (h) agree with terms and conditions of the Agreement; provide reports, plans, and costs in accordance with the Proposal documents; be licensed with the State of California as 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; 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. Facsimile (fax) pro.~osals will not be accepted. The Proposal and any accompanying documents shall be submitted in a sealed envelope marked as follows: "PROPOSAL PROJECT TITLE: ADVERTISING SERVICES, RFP #109551 NAME AND ADDRESS OF COMPANY (PROPOSER)" PROPOSALS SHALL BE DELIVERED TO: City of Palo Alto Purchasing & Contract Administration 1st Floor, Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 OR P.O. Box 10250 Palo Alto, CA 94303 RFP NO. 109551 PART I Page 2 of 3 PART I ISSUED BY AND CONTACT FOR PROCEDURAL INFORMATION: Marina Lutze, Buyer Purchasing and Contract Administration 4th Floor, Civic Center 250 Hamilton Avenue Palo Alto, CA 94301 Phone: (650) 329-2500 Award and execution of the Contract shall be as described in the Request for Proposal documents. THE SELECTION CRITERIA as determined by the Project Manager and as specified under the Scope of Services (Part II) and the Bid Instructions and Forms (Part III). TERM OF AGREEMENT The term of this Agreement shall be for 12 months. The agreement may be extended for up to two (2) 12-month periods for a maximum of 36 consecutive months, subject to: monetary appropriations by the City Council; the Contractor’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 the Agreement expiration date; (b)satisfactory compliance and extensions by the Contractor with the established certificates of insurance, licensing, permits, City’s Agreement or other requirements, if any, of the Terms & Conditions; © firm pricing’ for subsequent Agreement term as set forth in herein; and, (d)no damages resulting if the contract terminates on account of a lack of monetary appropriations. Proposer’s signature in Section 305 (Part III) herein constitutes an agreement to the terms and conditions as described in this Request for Proposal. RFP NO. 109551 PART I Page 3 of 3 PART II SCOPE OF SERVICES INTRODUCTION The City of Palo Alto is requesting proposals for the provision of advertising services for the City’s Human Resources employment and recruiting purposes. In previous years, the City has.taken a fairly traditional approach to recruitment advertising, utilizing mainly print ads in newspapers, magazines and professional journals. Recently, the Internet has provided an opportunity to be more creative and to reach a greater number of potential candidates. The City is committed to the continued expansion of advertising efforts on the Internet and to utilizing more non-traditional outreach and advertising methods in the coming years. On the average, City spends approximately $70,000 annually for recruitment advertising. This number is expected to increase given tl~e current low unemployment rate and competitive labor market. It is the City’s intention to establish a contract with a qualified and competent advertising agency for a three year period to begin in October 1998. Bt BACKGROUND The City of Palo Alto has a workforce of approximately 1,500 regular and temporary ¯ employees distributed across 12 operating departments. These departments are Administrative Services (Finance and Information Technology), City Attomey, City Auditor, City Clerk, City Manager, Community Services, Fire, Human Resources, Planning, Police, Public Works and Utilities. The City maintains over 28 parks, a municipal golf course, seven fire stations, a community theatre, children’s theatre, cultural center, junior museum and zoo, and a library system. The Employment division of the Human Resources Department has responsibility for recruiting for and filling vacant .positions in any or all of these departments, from senior management level (department heads) to clerical support. The City recruits individuals with a wide range of expertise and experience, ranging from public safety to computer technology to electrical engineering. On an average, the Employment division fills approximately 90-120 positions per year. Most of these recruitments involve some type of advertising effort. Co SERVICES TO BE PROVIDED The City is soliciting proposals from qualifiedagencies that can provide not only basic advertising services, such as developing copy and placing print ads, but that will also serve as a business partner for the city and assist with identifying creative and non- RFP NO. 109215 PART II Page 1 of 4 PART II SCOPE OF SERVICES traditional means of marketing the City as a premier employer in the Bay Area. Some of the basic requirements are: 1.Contractor shall assign an account executive and a copywriter for the duration of the contract. 2. Account executive shall keep City informed of new marketing strategies and methods. 3. Contractor is to develop ads from City’s internal job postings or highlights of a position faxed by City. 4. Contractor must receive City.approval of final copy prior to advertising. 5. Turnaround time from request to ad placement is generally one week. On occasion, there may be a 2-3 day requirement. 6. Monthly billing must show: -job title(s) -date and location of the ad -cost of the ad -explanation of other charges 7. A tear sheet of the ad must be submitted with monthly billing. 8. For special projects, contractor shall provide a quote and obtain City approval prior to starting the project. Samples of special projects in the past include a recruitment folder with inserts, application forms. PROPOSAL GUIDELINES A suggested format for the contractor’s response to this Request for Proposals is indicated below. These guidelines are intended to facilitate the review of the responses. Contractors are requested to follow these guidelines. The responses should refer to the section number and title - e.g., "1. Project Statement" Project statement Prepare a brief general statement indicating the contractor’s overall understanding of the nature of services to be provided. Account Services a. What is your viewpoint on the future of recruitment advertising? b. Describe services you provide to clients beyond traditional ad placement. Copywriting and Research Capabilities a. Describe successful Intemet strategies you have developed. b. Provide a brief case study of a recent campaign where a specific industry was targeted - preferably non-profit or municipal service. RFP NO. 109215 PART II Page 2 of 4 PART II SCOPE OF SERVICES Artwork Capabilities Include two samples of recent ad layouts produced by your agency: one two- column and one half-page display ad, both preferably for a non-profit or municipal organization and indicate what the costs to the City would be to provide these ads and run them in the San Jose Mercury, S.F. Chronicle and Jobs Available. Charges List in detail all service ~charges/costs pertaining to: a. Production of ads Artwork - design using clip art and line art -layout Copywriting b. Production of brochures, flyers, etc. Artwork - design -layout Copywriting c. Administration/handling d. Percentage of agency commission e. Additional charges, if any Billing Provide a sample of computerized billing and a detailed monthly report Ancillary services Describe ancillary services such as development of employee referral programs, campus/job fair recruitment materials, minority outreach programs, etc., Agency Statistics Provide information regarding your agency’s: a. Size and growth b. On-line capabilities c. Specialized interests and clientele d. Staffing - contractor is to include resumes for those professionals on staff who will be assigned to City’s account, especially those of the copywriter and account executive. RFP NO. 109215 PART II Page 3 of 4 PART II SCOPE OF SERVICES 9.References Provide at least three (3) references including company name; contact person, telephone number and name of the project Eo EVALUATION OF PROPOSALS All written proposals will be reviewed by staff. The most qualified may be invited to an oral interview to further discuss their proposal. The criteria for evaluation include, but not limited to: 1.Response to this Request for Proposal 2.Qualifications and experience of proposed Account Executive and key staff 3.Demonstrated recent experience and methodology used in performing the required service 4. The proposed fee relative to the services to be provided If you have any questions, please contact Marina Lutze, Buyer, at 650-329-2500. RFP NO. 109215 PART II Page 4 of 4 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS A.INSTRUCTIONS TO PROPOSERS: Proposal Format: Proposals shall be submitted in accordance with the following Instructions to Proposers and the Scope of Services - Specifications and Requirements (PART II, herein) to receive consideration: 1.0 Unless otherwise called for, FOUR (4"~ 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 Contractor shall furnish a statement of financial responsibility and experience in the Proposal. 2.2 Before submitting a Proposal, the Contractor shall examine and read the enclosed documents, visit the site of the services to be provided if applicable, and be informed as to all existing conditions and limitations. 3.0 This RFP shall not commit the City to award a contract, to pay 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 City’s Buyer. If any person is in doubt as to the true meaning of any part of the requirements, work, or other proposed agreement documents, he or she should request that the City Project Manager provide a written interpretation or correction thereof. The proposer submitting the request will be responsible for its prompt delivery. 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. Addendum: Any addendum issued during this RFP process shall be indicated in the RFP response (PART II. "Acknowledgment") and shall be made a part of the agreement between the City and the selected contractor. Proposal List: Unless receipt of this RFP is acknowledged, in the form of a letter or a "no response," the Contractor’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: (650) 329-2468. RFP NO. 109215 PART III Page 1 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS Opening of Proposals: All proposals, regardless of any irregularities or informalities, will be opened and only the name of the contractor publicly read aloud at the time and place set forth herein. Late (delivered) proposals (after the specified date and time of the proposal bid ope~ing) shall be rejected. 1.0 In cases where only one proposal is received, such proposal will be publicly opened and the name of the contractor read aloud. Proposers, or their representatives and other interested persons, may be present at the opening of the responses to the RFP. Disputes: In 6ase of discrepancy between words and figures when evaluating the proposals, the words shall prevail; provided, however, that the City reserves the right to c6nstrue any proposal according to its true intent where it contains a patent mistake. Decision to Reject: 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 right to reject as non-responsive any proposal which is incomplete, modified, unsigned, or illegible or which is not otherwise submitted in accordance ~vith 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 any subcontract agreement. 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 qual!fications necessary for the satisfactory performance of the services and work required. Invoicing and Verification of Costs: 1.0 Contractor shall submit invoices and revenue receipts, monthly, .in triplicate for the cost of services provided during periods or as may be required in the RFP. Such costs’and revenue shall be identified as defined in the Proposal project tasks and requirements from this RFP, with sufficient detail to provide verification of the invoiced and revenue amount. Invoices and revenue receipts 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: Leslie Jennings, Project Manager RFP NO. 109215 PART III Page 2 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS 2.0 Contractor 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 contractor as required to verify any and all reimbursable costs invoiced. B.PRE-PROPOSAL CONFERENCE INFORMATION A PRE-PROPOSAL CONFERENCE IS NOT SCHEDULED for this project. Co SUBMITTAL REQUIREMENTS Interested proposers shall provide a response in accordance with the Statement of Qualifications contained in the Scope of Services (PART II) of this RFP, and the following: 7. 8. 9. A brief statement of the proposer’s overall understanding of the nature of the project and the services to be provided under this RFP. A detailed description of the approach proposed for completion of the Project, in accordance with the specifications and the scope of work outlined in this RFP. In addition, the Project Manager will evaluate and select the proposal indicating the best methodology. A brief description of the background and capabilities of the proposer, and a statement of direct relevant experience with similar projects. Completeness of the Proposal submitted. Names of specific individuals, of both proposer and any subcontractor firms proposed for this project, including their role and relevant experience with similar projects. Cost: A detailed cost breakdown as discussed in the Scope of Services (Part II of RFP). Five references including contact name, address and phone number. Forms (completed): 305; 310; 410; and 420. A detailed time line for completing the work. CONTRACTOR SELECTION PROCESS As a minimum, the .evaluation of the proposals and selection of the contractor will be based on the following as well as the criteria listed in PART II: 1.Qualifications and experience of proposed project manager and key staff;. 2.Similar experience and expertise in the type of work/service required; 3.Demonstrated experience and methodology used in performing the work/service; 4.The response to this RFP, including the contractor’s approach and methodology proposed; and, 5.The proposed fee relative to the services to be provided. The City may conduct interviews with the candidates prior to selection. If an interview is required, candidates will be contacted to schedule a date, time and place. RFP NO. 109215 PART III Page 3 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS II. SPECIAL CONDITIONS Conflict of Interest: The selected Contractor/consultant and any subcontractor may be required to comply with City’s conflict of interest code by filing a financial disclosure form entitled "Statement of Economic Interest, Form 700." This will depend on whether the Contractor/consultant or subcontractor is a Contractor/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 Contractor/consultant or subcontractor which may foreseeably have a material effect on any financial interest of the Contractor/consultant or subcontractor 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 Ma_ieure. 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 Contractor/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 Contractor/consultant’s insurance coverage in the forms and amounts set forth in Form 650 to this RFP. The Contractor/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 Contractor/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, (650) 329- 2500. Ownership: All drawings, plans, reports, specifications, calculations, and other documents prepared by the Contractor/consu’hant under the agreement shall become the property of City. Licensing All design and construction drawings, specifications, reports and related design or construction documents or any other documents under the Project shall be certified by the appropriate registered professional engineer licensed to practice within the State of California RFP NO. 109215.PART III Page 4 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS Records and Audits: Contractor/consultant shall maintain accurate and complete records specifically relating to the Services provided under the agreement. Contractor/consultant shall also keep records and books of account showing all Charges, disbursements, or expenses made or incurred by Contractor/consultant in the performance of the service herein. Records shall be created which are relevant in determining whether Contractor/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. Contractor/consultant shall provide security and retain such records and items for a period of three years from date of final payment under this agreement. Securi _ty of Data: The Contractor/consultant agrees that any data provided by the City shall: 1.0 Be kept in confidence and not disclosed to third parties without the prior written approval of City; and 2.0 Not be used in the production, .or design of any article or material, report or press release, without City’s prior written consent. These obligations shall survive the termination of the agreement. The Contractor/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 Contractor/consultant shall be fully responsible for the care and protection of data until such delivery. Taxes: Except where specifically provided, the proposal fee(s) shall 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 Contractor/consultant’s payroll. The Cont_ractor/consultant agrees to indemnify and save City harmless from and against any liability for any such taxes, or payroll .premiums and contributions. Changes: 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. Scheduling: Contractor/consultant shall develop and maintain a detailed schedule for the work required under the Contract. Contractor/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 the Contractor/consultant under the Project as required by the Project Manager. RFP NO. 109215 PART III Page 5 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS Standard of Performance: 1.0 The selected Contractor/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 Contractor/consultant’s personnel shall also reflect their best professional knowledge, skill and judgement. 2.0 If any failure to meet theeforegoing 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. Indemnity: The selected Contractor/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 Contractor/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. Non-Discrimination Requirement: The Contractor/consultant shall be required to comply with all laws concerning non-discrimination 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. 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 contractor/consultant shall be deemed to be an independent Contractor/consultant and the proposer shall not be authorized to bind City to any contract or other obligation. Under the agreement, the Contractor/consultant shall certify that no one who has or will have any financial interest under the agreement is an officer or employee of City. Entire Agreement: The agreement between City and the selected Contractor/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. Governing 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. RFP NO. 109215 PART III Page 6 of 11 PART III RFP INSTRUCTIONS AND FORM REQUIREMENTS FORM 305 P]~O3]~(~’ "[’[’[’]_,E: ADVERTISING SERVICES Bidder is a: **California Corporation **California Limited Liability Company **Corporation organized under the laws of the State of with head offices located at and offices in California at **California Corporations Code section 313 requires two corporate officers to execute contracts - Sole Proprietorship; Fictitious Business Names (i.e. "d.b.a."): Proprietor Partnership El Limited Liability Partnership (list names of partners; state which partner or partners are managing partner(s); attach addendum.) Other (Attach addendum with explanatory details). The undersigned hereby agrees to and accepts the terms and conditions of this RFP. COMPANY NAME AND ADDRESS:**SIGNATURE OF FIRST OFFICER/OWNER (INS NUMBER) (CONTRACTOR LICENSE NUMBER/TYPE (FAX) (TELEPHONE) (MUST BE THE SAME SIGNATURE AS WILL APPEAR ON CONTRACT) (PRINTED NAME OF SIGNATORY) (TITLE)(DATE) **SIGNATURE OF SECOND OFFICER (MUST BE THE SAME SIGNATURE AS WILL APPEAR ON CONTRACT) (PRINTED NAME OF SIGNATORY) (TITLE)(DATE) RFP NO. 109215 PART III Page 7 of 11 PART III Name of Contact:Title: Phone:Fax: FORM 310 PROJECT TITLE: ADVERTISING SERVICES CONTRACTOR’S SPECIAL LICENSE REQUIREMENTS When applicable, and subject to verification of good standing, the Contractor/consultant shall submit a copy of its current professional license as issued by the State of California under Chapter 9 of Division III of the California Business and Professions Code (Sections 7000 et__L~..q). The copy of the license shall be attached to the Signature Page herein. ACKNOWLEDGMENT OF ADDENDUM(S) During the RFP process there may be changes to the documents which would require an issuance of an Addendum or Addenda. To assure that all Contractor/consultants receive the update or change Addendum, the following acknowledgment and sign-off is i:equired. NOTE: Failure to execute the following may be considered as an irregularity in the request for proposal process. Receipt of the following Addendum is acknowledged. The Contractor/consultant acknowledges that the information contained in the addendum has been considered in the preparation of this RFP. Addendum No. (None.___), (1.___), (2m), (3m), (4 ), (5.~_) (Check appropriate space/number above) Signature of Contractor Company RFP NO. 109215 PART III Page 8 of 11 PART III FORM 410 PROJECT TITLE: ADVERTISING SERVICES 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 and local directives and executive orders regarding nondiscrimination in employment. Firm:DATE: Title of Officer Signing: Signature RFP NO. 109215 PART III Page 9 of 11 PART III SECTION 420 EXPERIENCE AND FINANCIAL QLIALIFICA TIONS The following information concerning the experience and financial qualifications of the Contractor or Consultant are a required part of the Proposal. This information may be included in the Proposer’s proposal format; this format is provided for information required only. The information may be used in the Proposal’s evaluation and is certified correct by your signature herein. PROJECT NAME: ADVERTISING SERVICES Name of Company: Name of Insurance Carrier: Phone Number:Policy Number: 1.How many years have you (or your firm) done business under the name listed above? How many years experienc~ have you (or your firm) had which is similar in nature to the work covered in the Proposal? Please provide (in your proposal), relevant references to contracts satisfactorily completed in the last three (3) years. The information should include: Year; Type of services; Company/Agency name and location; and Contract amount. 3.1 Have you (or your firm) previously worked for the City of Palo Alto? m Yes __ No If yes, please include the information in your proposal. Please provide (in your proposal) a list of the Project’s management staff of the proPoser who will manage the proposed work as may be required by the Scope of Work or Services listed herein. The information should include: Name; Years of Experience; Field of Expertise/ Capabilities. State location (in your proposal) of information requested under items 1 - 4 above: 1.2.3.4. Contractor/Consultant (Company Name) (Name/Title)(Date) RFP NO. 109215 PART III Page 10 of 11 PART III FORM 650 Insurance Requirements for Contractor/Consultant CONTRACTOR: PROJECT MANAGER:Leslie Jennin[s Marina Lutze/Buyer CONTRACT NAME:Advertising Services GENERAL TERMS AND INSTRUCTIONS THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER. THE CONSULTANT/CONTRACTOR RETAINED, AT THEIR SOLE EXPENSE, SHALL OBTAIN AND MAINTAIN INSURANCE FOR THE TERM OF THE CONTRACT. CONTRACTORS WILL BE REQUIRED TO PROVIDE A CERTIFICATE EVIDENCING.THE INSURANCE AND NAMING THE CITY AS AN ADDITIONAL INSURED. ALL INSURANCE COVERAGE REQUIRED SHALL BE PROVIDED THROUGH CARRIERS WITH A BEST RATING OF A:X OR HIGHER THAT ARE ADMFITED TO DO BUSINESS IN THE STATE OF CALIFORNIA. THE CERTIFICATE OF INSURANCE MUST BE COMPLETED AND EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY PROVIDING INSURANCE, FILED WITH THE CITY, AND APPROVED BY THE CITY BEFORE CONTRACT WILL BE CONSIDERED COMPLETE AS RESPECTS INSURANCE. RETURN THE COMPLETED CERTIFICATE TO THE CITY OF PALO ALTO, PURCHASING & .....CONTRACT ADMINISTRATION, 250 HAMILTON AVENUE, PALO ALTO 94301. THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED. TYPE OF COVERAGE REQUIREMENT []Worker’s Compensation ....... []Automobile Liability []Comprehensive General Liability: INCLUDING : ¯PERSONAL INO~JRY ¯BRO~d~ FORM PROPERTY D~/~AGE ¯BI~NKET CONTRACTU~ ¯FIRE LEG~ LI~ILITY Comprehensive Automobile Liability: INCLUDING : ¯OWNED ¯HIRED . ¯NON-OWNED Statutory BODILY INJURY PROPERTY D~24AGE BODILY INJURY &PROPERTY DAMAGE COMBINED BODILY INJURY (Each Person) LONG FORM (Minimum Limits) EACH OCCURRENCE $i,000,000 $I,000,000 $I,000,000 $I,000,000 BODILY INJURY leach ~eurrence) PROPERTY DAMAGE BODILY INJURY &PROPERTY D~MAGE COMBINED ~1,000, oo0 $i,000,000 []Professional Liability: INCLUDING : ¯ ERRORS ~D OMISSIONS ALL DAMAGES $I, 000,000¯M~LLPP~CTICE (If Applicable) ¯NEGLIGENT P~RFORM/~CE .......... [] THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED A. AGGREGATE $i,000,000 $I,000,000 $1,000,000 C. D. E. The City of Palo Alto, its officers, agents and employees are named as additional ins.ured, but only as to work performed under contract. Said coverage as to the City of Palo Alto, etc., shall be primary coverage, without offset against City’s existing insurance and any other insurance carried by the City being excess insurance only. : Where the work involves excavating, collapse coverage is provided in the amounts above. The policy includes a "Severability of Interest" provision. Deductibles over $5,000 must be indicated and are subject to approval. If such policies are canceled or changed during the period of coverage as stated herein, in such a manner as to affect the Certificate, thirty (30) days written notice will be mailed to the City of Palo Alto, Contract Administration, P.O. Box 10250, 94303 The liability insurance policy includes a contractual liability endorsement providing insurance coverage for Contractor’s agreement to indemnify the City. The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions called for herein. DATE:CONTRACT ADMINISTRATOR: Marina Lutze, Buyer (650) 329-2500 RFP NO. 109215 PART III Page 11 of 11 ATTACHMENT C: BILL RATE COMPARISON TABLE ~Cost/Service Comparison Media-paid Agency Commission Handling Charges/Ads Production Charges/Ad Display Production Charges/ Collateral Projects Copywriting for collateral projects Austin-Knight 15% x 1.1765 $25/ad $15.50/inch Start at $100 - priced per project TMP Worldwide 15% $35/ad Advance Advertising 15% No charge Cameron- Newell 13% Flat rate depending on ad size - ranges from $149-$500 $85/hour No charge $75/hour $100-$150/hr.$95/hour Includedin above $10/ad 0/inch Includedin above No quote - to be quoted on a per project basis