HomeMy WebLinkAbout- - Graphic Design Services Request for Prop - 6/19/20120 I n
MEETING DATE: JUNE 19, 2012
SUBJECT: GRAPHIC DESIGN SERVICES REQUEST FOR PROPOSAL
DATE: JUNE 7, 2012
FROM: CEO's OFFICE/CENTRAL SERVICES DIVISION
PRESENTATION BY: BILL LOBDELL, COMMUNICATIONS DIRECTOR
ITEM NUMBER:
FOR FURTHER INFORMATION CONTACT: LEIGH CHALKLEY AT (714) 754-5237
BILL LOBDELL AT (714) 754-5288
RECOMMENDATION:
Staff recommends that the City Council:
1) Approve the attached contract with We The Creative for Graphic Design Services, in an
amount not to exceed $75,000 for FY 2012-13, pending the resolution of the City's
outsourcing constraints. This agreement is for a three (3) year term with two (2) one-year
renewals;
2) Authorize the CEO to administratively implement a 3-6 month transition plan to maintain
portions of Graphic Design Services in-house and execute the agreement for Graphic
Design Services with the We The Creative design firm;
3) Authorize staff to rescind layoff notices previously distributed to the remaining Central
Service Division employees; and
4) Eliminate one of the two Graphic Designer positions effective upon the retirement of the
incumbent employee.
BACKGROUND:
In accordance with Council Policy 100-6, a Graphic Design Services Evaluation Committee was
formed to evaluate the viability of contracting for City Graphic Design Services. The committee
met to discuss the duties and responsibilities of the Central Services Division and to determine
possible alternatives for service delivery. Based on the detailed review of all alternatives, the
Committee concluded that the most viable alternative was to retain the existing service levels
but at a lower cost through reorganization or contracting with either a public or private entity. In
order to evaluate these options, the Central Services Division prepared a draft request for
proposals (RFP), which was reviewed and finalized by the Evaluation Committee.
At the regular City Council meeting on December 22, 2011, the various alternatives for Graphic
Design Services were presented together with the staff recommendation for releasing an RFP.
The City Council directed staff to release the RFP based on staff and community input.
The City received five (5) proposals from private companies and the Evaluation Committee
interviewed the three finalists. Committee members were impressed by all of the finalists, which
provided creative designs, innovations such as web -based design services and competitive
pricing. However, We The Creative—whose owner lives in Costa Mesa—finished with the
highest ranking and also received excellent references from its government clients.
ANALYSIS:
In response to the City's RFP, proposals were received and reviewed by an Evaluation
Committee consisting of City Staff as well as an outside agency staff member. The proposals
were reviewed using the following criteria:
1. Qualifications of the entity and key personnel.
2. Approach to providing the requested services.
3. Price proposal.
4. Innovative and/or creative solutions.
Following the completion of the evaluation process, the Evaluation Committee reviewed the
rankings of the eligible candidates and determined that the graphic design requirements of the
city could be improved and streamlined by implementing a hybrid public-private model that
would give the City the convenience and flexibility of an in-house graphic designer and the
ability to outsource extra work to a highly regarded private vendor. This plan is especially
attractive because of the scheduled July 4, 2012 retirement of one of the City's two graphic
designers.
A component of the plan would include the creation of online templates for commonly requested
items such as letterhead, business cards, NCR forms and envelopes that would automate the
ordering process by working in conjunction with our offsite print vendor. The hybrid plan would
also allow the City to test its partnership with We The Creative and monitor the costs during a
trial period.
INNOVATIVE MERIT:
The RFP process has enabled the City to take a fresh look at its Central Services Division and
revealed innovations such as web -based ordering of commonly requested items that both
reduces the workload on the graphics department and provides faster service to City
departments.
STAFF TRANSITION PLAN:
The Central Services Division has four full-time employees who are responsible for providing mail,
copy, print and graphic design services to city departments and facilities. Two full-time employees
are assigned to graphics, though one employee is scheduled to retire on July 4, 2012. Given the
city's emphasis on improving communications and marketing, the hybrid plan being proposed will
provide the City the flexibility to adjust, revise and create materials on demand, as well as provide
the opportunity to automate the ordering process by creating online templates, automated proofs
and paperless processing. The Central Services supervisor will be retained to oversee and
manage the Graphic Design Services contract during the transition and to supervise any other
Central Services not covered in the current proposal.
FISCAL REVIEW:
In July 2012, the City will be able to eliminate one of the two Graphics Designer positions, which
currently costs $84,787 annually. With a not to exceed contract amount of $75,000, the potential
savings would be $9,787.
LEGAL REVIEW:
The City Attorney's Office has reviewed the attached documents and, where appropriate,
approved them as to form. In light of the preliminary injunction in force that prevents outsourcing
to private companies, the City Attorney's Office is researching how the City can implement this
public-private partnership immediately since it does not involve the layoff of any City employee.
CONCLUSION:
Staff recommends creating a hybrid public-private partnership for Graphic Design Services to
maintain the ability to design and create materials in-house, create expanded online resources for
commonly requested items, and use a private vendor—We The Creative—to accommodate
graphic design overflow. The transition will be carefully monitored to measure cost savings and
innovations. This proposal will provide the City with an in-house designer at a time when the City
is rapidly expanding communication with residents and staff, and a high-quality graphics design
firm to handle additional work.
BILL LOBDELL
Communications
� & I P, 9
OBBY YOUNG
Director of Finance and I.T.
,4,-
ICK FRANCIS
Assistant CEO
r�
NOMAS P.D R
City Attorney
ATTACHMENTS: 1 Volume Charts
2 Production workflow Chart
3 RFP Determination Book
4 Agreement with We the Creative
5 Fee Proposal
3
ATTACHMENT 1
Print Shop Impressions
2003-2012
Total 3,249,990 3,031,406 3,073,581 2,571,593 2,210,135 1,942,760 1,590,283 1,236,110 1,105,000 424,550
Avg. Mo. 270,833 252,617 256,132 214,299 184,178 161,897 132,524 103,009 92,083 53,069
Page 1
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
January
194,200
308,910
325,520
88,650
237,300
262,900
170,450
112,000
73,050
90,600
February
259,700
217,725
275,400
202,228
249,800
163,390
141,475
78,000
89,350
105,500
March
311,340
302,340
200,171
359,000
200,150
170,700
83,025
78,850
82,350
88,700
April
279,000
328,120
287,500
106,350
155,900
201,350
129,050
170,850
170,700
139,750
May
260,150
187,150
201,200
407,400
130,250
121,350
115,500
93,650
79,150
June
278,475
367,950
161,715
204,490
178,100
210,700
223,000
104,700
55,000
July
319,560
174,094
393,437
204,490
196,700
137,870
165,631
80,300
96,300
August
293,250
217,000
168,428
327,000
165,500
120,150
103,700
112,200
84,250
September
370,550
340,850
338,800
196,750
198,300
187,500
149,952
73,200
106,300
October
260,540
319,220
366,280
139,150
168,972
136,400
114,600
77,100
90,500
November
214,415
162,491
164,080
160,135
180,828
93,950
103,150
88,950
85,500
December
208,810
105,556
191,050
175,950
148,335
136,500
90,750
166,310
92,550
Total 3,249,990 3,031,406 3,073,581 2,571,593 2,210,135 1,942,760 1,590,283 1,236,110 1,105,000 424,550
Avg. Mo. 270,833 252,617 256,132 214,299 184,178 161,897 132,524 103,009 92,083 53,069
Page 1
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ATTACHMENT
PROFESSIONAL SERVICES AGREEMENT
CITY OF COSTA MESA
THIS AGREEMENT is made and entered into this _ day of , 2012 ("Effective
Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and
consultant, Jovenville, a California limited liability partnership, dba We The Creative
("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant provide graphic design services as
described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
necessary to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Govermment Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in
Consultant's Proposal (the "Proposal"). A copy of said Proposal is attached hereto as Exhibit
"A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. It is understood that in the exercise of every aspect of its role, within the
scope of work, consultant will be representing the City, and all of its actions, conimunications, or
other work, during its employment, under this contract is under the direction of the City.
Consultant also warrants that it is familiar with all laws that may affect its performance of this
Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement.
1.3, Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
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but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify and hold harmless City fi-om
and against all claims, demands, payments, suits, actions, proceedings, and judgments of every
nature and description including attorneys' fees and costs, presented, brought, or recovered
against City for, or on account of any liability tinder any of the above-mentioned laws, which
may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties referred
to in Labor Code, Section 1735.
1.5 Non -Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those set -vices
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties set
forth herein shall not be delegated or assigned to any person or entity without the prior written
consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ
other personnel to perform set -vices contemplated by this Agreement at Consultant's sole cost
and expense.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid on a per job or hourly basis, as the case
may be, as set forth in the Fee Proposal portion of its proposal, copies of the relevant pages of
which are separately attached as Exhibit `B." Consultant shall be paid $10.00 per day for two
(2) pre -scheduled daily deliveries/pick-ups at Costa Mesa City Hall. Consultant shall also be
paid $10.00 for any on -demand pick-up/delivery run outside of the regularly scheduled
deliveries/pick-ups at City Hall and for pick-up/delivery runs to other City facilities within Costa
Mesa city limits. Consultant's total compensation shall not exceed Seventy Five Thousand
Dollars ($75,000.00) per annum.
Pricing as set forth in the Fee Proposal shall not be increased for a minimum of two (2)
years fi-om the effective date of this Agreement. Any subsequent price increases shall be
requested as least sixty days prior to any such increase taking effect and shall not exceed The
Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles -Riverside -Orange
County, CA, All Items, Not Seasonally Adjusted, "annualized change comparing the original
proposal month and the same month in the subsequent year."
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified in the Proposal unless the City or the Project
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Manager for this Project, prior to Consultant performing the additional services, approves such
additional services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's affected supervisor
for approval on a progress basis, but no more often than two times a month. Each
project/assignment which has been completed to City's sole satisfaction shall be separately
invoiced. City shall pay Consultant's invoice(s) within forty-five (45) days from the date City
receives said invoice. Each invoice shall describe in detail, the services performed and the
associated time for completion. Any additional services approved and performed pursuant to this
Agreement shall be designated as "Additional Services" and shall identify the number of the
authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in accordance with the proposal lead
times identified in the Fee Proposal (Exhibit "B") or as otherwise agreed at the time of
assignment; individual graphic design jobs shall be completed by the requested time and date
submitted with each job request. Failure to continence work in a timely manner and/or diligently
pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of three years, unless previously terminated as provided herein or as otherwise agreed to
in writing by the parties. At the end of the tern period, the City may determine, in its sole
discretion, to exercise an option to renew the contract for up to two periods of one (1) year each.
The City shall give notice to Consultant of its intention to exercise such option at least 30 days
prior to expiration of the base or option tern, as the case may be.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of this Agreement shall be deemed effective upon receipt of the notice of
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termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of tennination.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to, inmate
intake reports and logs shall be delivered to the City within ten (10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents without
specific written authorization from Consultant shall be at City's sole risk and without liability or
legal expense to Consultant.
5.0. INSURANCE
5.1. Mininmm Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non -owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements fi•om its workers'
compensation insurer waiving, subrogation rights under its workers'
compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise tinder their workers' compensation
insurance policies.
(d) Professional errors and omissions (`B&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
or be endorsed to contain the following provisions:
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(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of Costa
Mesa shall be excess and not contributing with the insurance provided by
this policy."
5.3 If any of such policies provide for a deductible or self-insured retention to provide
such coverage, the amount of such deductible or self-insured retention shall be approved in
advance by City. No policy of insurance issued as to which the City is an additional insured
shall contain a provision which requires that no insured except the named insured can satisfy any
such deductible or self-insured retention.
5.4. Certificates of Insurance: Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any set -vices under this Agreement.
5.5. Non -limiting: Nothing in this Section shall be construed as limiting in any way,
the indenuiification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement: This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terns of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The City Manager or his designee shall be the representative of
City for purposes of this Agreement and may issue all consents, approvals, directives and
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement.
Consultant shall designate a representative for put -poses of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
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6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement. City's Project Manager will be William
Lobdell.
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City daring the term of this Agreement. Consultant or its Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices: Any notices, documents, correspondence or other coimnunications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48
hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such
communication is sent through regular United States mail.
IF TO CONSULTANT:
We the Creative
2810 Villa Way
Newport Beach, CA 92663
Tel: 877-887-1318
Fax: 949-723-1566
Attn: Joven Orosco
IF TO CITY:
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: 714-754-5156
Fax: 714-754-5330
Attn: Purchasing
6.5. Drug-free Workplace Policy. Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit
"C" and incorporated herein by reference. Consultant's failure to conform to the requirements
set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall
be cause for immediate termination of this Agreement by City.
6.6. Attorneys' Fees: In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terns,
conditions, or provisions hereof.
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6.7. Governing Law: This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
6.8. Assn ng Hent: Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.9. Indemnification and Hold Harmless:
To the fullest extent permitted by law, the Consultant assumes liability for and shall save
and protect, hold harmless, indenmify, and defend the City and its elected and appointed
officials, officers, and employees (all the foregoing, hereinafter collectively, "Indennnitees")
from and against all claims, suits, demands, damages, losses, expenses, and liabilities of any kind
whatsoever (all the foregoing, hereinafter collectively "Claims") including, without limitation,
attorneys' fees, arising out of, resulting from, relating to, or claimed to have arisen out of,
resulted from or related to the engagement of Consultant or the performance of this Agreement
by the Consultant (including its subcontractors and suppliers)
It is expressly intended by the parties that Consultant's indemnity and defense obligations
shall apply, and Indemnitees shall be fully indemnified without offset, deduction or contribution,
regardless of any negligence or other fault of hidemnitees, or any of them, and whether or not
such hidemmitee negligence or other fault caused or contributed to the arising of the Claims.
"Claims" as used in this section shall include, without limitation, those for personal
injuries, wrongful death, mental or emotional distress, loss of consortium, damage to or loss of
use of real, personal or intangible property of any kind, loss of income, loss of earning capacity,
and business, financial, commercial or pecuniary losses of any kind whatsoever, and attorneys
fees, and costs and expenses of any kind whatsoever.
Consultant's indemnity and defense obligations shall cover the acts or omissions of any of
Consultant's subcontractors, and suppliers, and the employees of any of the foregoing.
The Consultant's indemnity and defense obligation under this Section includes, without
limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from
allegations of violations of any federal, State, or local law or regulation, and from allegations of
violations of Consultant's or its subcontractor's personnel practices or from any allegation of an
injury to an employee of the Consultant or subcontractor performing work or labor necessary to
cavy out the provisions of this Contract.
The indemnification obligations in this Section shall not be construed to negate, abridge
or otherwise reduce any other obligation of indemnity the Consultant may have with respect to
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the City which may otherwise exist. If any judgment is rendered against the City or any of the
other individuals enumerated above in any such action, the Consultant shall, at its expense,
satisfy and discharge the same. This indemnification shall survive termination or expiration of
this Agreement.
6.10. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.11 PERS Eligibility I ndemmnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harntless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, Wile, regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing set -vice under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement
to any contribution to be paid by City for employer contribution and/or employee contributions
for PERS benefits.
6.12. Ownership of Documents: All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes famished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant frons all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting front City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.13. Confidentiality: Any City materials to which the Consultant has access,
information that reasonably might be construed as private or containing personal identifiable
information, or materials prepared by the Consultant during the course of this Agreement
Page 8 of 18
ATTACHMENT
(collectively referred to as 'confidential information") shall be held in confidence by the
Consultant, who shall exercise all reasonable precautions to prevent the disclosure of
confidential information to anyone except the officers, employees and agents of the Consultant
as necessary to accomplish the rendition of services set forth in this Agreement. Consultant shall
not release any reports, information, private or promotional information or materials, whether
deemed confidential or not, to any third party without the approval of the City.
6.14. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall firmish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the conTection.
6.15. Prohibited Employment: Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.16. Order of Precedence: In the event of an inconsistency in this Agreement and any
of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent
this Agreement incorporates by reference any provision of the Proposal, such provision shall be
deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and
conditions of this Agreement and those of any such provision or provisions so incorporated by
reference, this Agreement shall govern over the Proposal.
6.17. Costs: Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.18. No Third Party Beneficiary Rights: This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.19 Headings: Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.20. Construction: The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
Page 9 of 18
ATTACHMENT
6.21. Amendments: Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.22. Waiver: The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.23. Severability: If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance. Notwithstanding the foregoing, if the value of
this Agreement, based upon the substantial benefit of the bargain for any party is materially
impaired, which determination as made by the presiding court or arbitrator of competent
jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good
faith negotiations.
6.24. Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.25. Corporate Authority: The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF COSTA MESA,
A municipal corporation
City Manager of Costa Mesa
CONSULTANT
Date:
Page 10 of 18
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
Date:
Date:
Date:
Date:
Page 11 of 18
ATTACHMENT
EXHIBIT A
CONSULTANT'S PROPOSAL
Page 12 of 18
ATTACHMENT
EXHIBIT B
ATTACHMENT
CONSULTANT'S FEE PROPOSAL
Page 13 of 18
EXHIBIT C
CITY COUNCIL POLICY 100-5
Page 14 of 18
ATTACHMENT
ATTACHMENT
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
1 of
BACKGROUND
Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted
November 18, 1988, contractors and grantees of Federal finds must certify that they will provide drug-
free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds tinder a
variety of programs, is required to abide by this Act. The City Council has expressed its support of the
national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of
a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free
community. This policy is intended to extend that effort to contractors and grantees of the City of Costa
Mesa in the elimination of dangerous drugs in the workplace.
PURPOSE
It is the purpose of this Policy to:
1. Clearly state the City of Costa Mesa's commitment to a drug-free society.
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds
fi-oni the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to see that the
following provisions are included in all contracts and agreements entered into by the City of Costa
Mesa involving the disbursement of finds.
1. Contractor or Stub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in Contractor's
and/or sub -grantee's workplace, specifically the job site or location included in this
contract, and specifying the actions that will be taken against the employees for
violation of such prohibition;
b. Establishing a Drug -Free Awareness Program to inform employees about:
1. The dangers of drug abuse in the workplace;
Page 15 of 18
ATTACHMENT
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
2 of 3
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free
workplace;
3. Any available drug counseling, rehabilitation and employee assistance
programs; and
4. The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A;
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment tinder the contract, the employee will:
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after
such conviction,
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such
conviction;
f Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, tip to and
including termination; or
2. Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health agency, law enforcement, or other
appropriate agency;
Page 16 of 18
ATTACHMENT
Making a good faith effort to maintain a drug-free workplace through
implementation of subparagraphs 1 A through I F, inclusive.
SUBJECT
POLICY
EFFECTIVE
PAGE
NUMBER
DATE
DRUG-FREE WORKPLACE
100-5
8-8-89
3 of 3
g. Making a good faith effort to maintain a drug-free workplace through implementation of
subparagraphs I A through 1 F, inclusive
2. Contractor and/or sub -grantee shall be deemed to be in violation of this Policy if the City of
Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1
above;
b. Contractor and/or sub -grantee has violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
c. Such number of employees of Contractor and/or sub -grantee have been convicted
of violations of criminal drug statutes for violations occurring in the workplace as
to indicate that the contractor and/or sub -grantee has failed to make a good faith
effort to provide a drug-free workplace.
3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant
to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject
to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final
decision under this section requiring debarment of a contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant
from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years.
Upon issuance of any final decision recommending against debarment of the contractor and/or
sub -grantee, the contractor and/or sub -grantee shall be eligible for compensation as provided
by law.
Page 17 of 18
EXHIBIT C
ATTACHMENT
CERTIFICATES OF INSURANCE
Page 18 of 18
ATTACHMENT
2810 Villa Way, Newport Beach, CA 92663 (877) 887-1318 WoTheCreativemeom
PEE PROPOSAL
Provide hourly rates, along with estimated aunaal pricing in accordance with the City's current
requirements, as set forth in section 3 Scope of Work, Also provide your firm's proposed Staffing
Plan on a separate sheet of paper, P roposershould use a separate form to state pricing for any
added value.
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for
follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end o f the
contract period. A ny s uch p roposed p rice adjustments s hall not exceed T he B ureau o f Labor Statistics
Consumer P floe Index ( CPI) data for Los Angles -Riverside -Orange County, CA, All Items, N of
Seasonally Adjusted, "annualized change comparing the original proposal month and the scone month In
the subsequent y car, (This information may be found o a the U.S. D epmtnrent o f Labor's wobsito a t
www,bls eov.)
If bidding by hourly services provided;
Employee 11
ourly Rate T
ata] Cost O
vertinre rate
oven Orozco
75
$ 80
i(enneth Lim
65
$ 70
betty Ko
55
$ 60
harles Pebenito
55
$ 60
LIsa Boosln
55
$ 60
The undersigned bidder hereby off -ors; to perform the required services in strict compliance with
the speeifieatiors, terms and conditions set forth in this bid invitation.
�EgtJ�ST FOR PRQPOSAI ;) GRAPHIOS A�SION SPRVICE � a JANUARY25; 2012IAOOPM:
Page 1 of 2
ATTACHMENT
2810 Villa Way, Newport Beach, CA 92663 (877) 887-1318 WeTheOreative.com
I'EE PROPOSAL
Biddingjob samples: (see attaehment 2 for job samples)
Item
No. Description Bid Price* Bid Price*
JOB #1 - Quarterly Recreation Guide - Sample
Standard Lead Time: 30 days $ 5,000 Rush Lead Time: 15
JOB#2 - Weekly._ CEO Briefing - Sample
Standard Lead Time: 5 days $ 3,500 Rush Lead Time: 3
JOB #3 - Building Handout - Sample
Standard Lead Time: 2 days $ 500 Rush Lead Tinto: 1
JOB114 - Recruitment Brochure - Sample
Standard Lead Time: 5 days $ 2,000 Rush Lead Time: 3
JOB #5 - Fire Prev. Education Booklet -- Sample
Standard Lead Time: 30 days $ 10,000 Rush Lead Time: 15
PREPARED FOR
CITY Or COSTA FIESA
days $ 7,500
days $ 4,000
days $ 500
days $ 12,500
days $ 15,000
17