Loading...
HomeMy WebLinkAboutBarrios and Associates, LLC dba Communications Lab - 2020-07-31 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARRIOS AND ASSOCIATES, LLC dba COMMUNICATIONS LAB FOR CONSULTING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Barrios and Associates dba Communications Lab, a Limited liability corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consulting services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Arianna Barrios who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 20-8728/231974agree/surfiicYprofessiotial sves 50 to 100 05/19-204133 1 of 13 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement, 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement, The services of CONSULTANT are to commence o Julyt3/, 2020 (the "Commencement Date"), This Agreement shall automatically terminate three. (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date, The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY . agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Fifty One Thousand Sixty Dollars ($51,060), 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 20-8 72 8/2 3 1 9 74igree/surfnet/professional sves 50 to 100 05/19-204133 2 of 13 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained, 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7, DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY, CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel, This indemnity shall 20-8728/231974agreef stir 8iet/professional Svcs 50 to 100 05/19-204133 3 of 13 apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782,8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault, However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT, 20-8728/231974agree/surfiiet/professlonal sues 50 to I00 05/19-204133 d of 13 j I i I 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that; A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fiunish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 20-872 8/23 1 974agree/surfiiet/professional sm 50 to 100 05/19-204133 5 of 13 effect Consultant's right to be paid for its tune and materials expended prior to notification of termination, CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall; A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY, The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 20-8728/231974agree/surfnet/professional sves 50 to 100 05/19-204133 6 of 13 11, INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, 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, in connection with the PROJECT and/or the services to be performed hereunder, 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner, CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete, Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT, 13, ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove, 20-8 728/23 1 974agreel surfnetlprofessional sves 50 to 100 05119-204133 7 of 13 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other con-miunications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove') or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S, certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Barrios &Associates, LLC ATTN: Catherine Jun dba Communications Lab 2000 Main Street ATTN: Arianna Barrios Huntington Beach, CA 92648 701 E. Chapman Ave, Orange, CA 92856 20-8728/231974agree/surf ct/pro€essional sues 50 to 100 05/19-204133 8 of 13 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles,captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all-cases be construed as a whole, according to its fair meaning, and not strictly for• or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 20-8728/231974agree/surfnet/professional sm 50 to 100 05/19-204133 9 of 13 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 20-8728/231974agree/surfnet/professionl svos 50 to 100 05/19-204133 10 of 13 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, 20-8 7 2 8/23 1 974agree/surfiiet/professional sves 50 to 100 05/19-204133 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the panties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof, 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney, This Agreement shall expire when terminated as provided herein. 20-872 8/2 3 1 974agree/surfut/proressionai Svcs 50 to 100 05/19-204133 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, Barrios and Associates, LLC a municipal corporation of the State of dba Communications Lab C ' ornia 1 2 By. "'— Arianna Barrios,CEO City Manager print name TED A PPROVED: ITS: (circle one)Chairman/PresidentNice President • AND -- City Manager By: APPROVED AS TO FORM; an Loch e,President • print name it ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney Secretary—Treasurer Date RECEIVE AND FILE: 4�� '&��— City Clerk Date 20.8728/231974agree/surfliet/professionnl svcs 50 to 100 05/19-204133 13 of 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The CITY is a sub-grantee of the University of California Irvine(UCI)—Advanced Power and Energy Program who has received funding from the California Energy Commission to create a scalable and replicable model of an advanced energy community within the City of Huntington Beach. The City will receive $90,000 from the California Energy commission and is required to outreach the community using these grant funds. The CONSULTANT shall assist the CITY with public education and outreach to the Oak View Community, The primary goal of this outreach is to solicit data necessary to validate engineering models developed to capture energy use throughout the Oak View community. A secondary goal is to maintain a strong outreach presence in the community throughout this project in service on maintaining a good relationship between community members, the City, and UCI. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The CONSULTANT shall perform the following: Task 1: Energy Survey Development and Rollout Planning - Community Relations and Education—CONSULTANT will provide staff support for community outreach. The CONSULTANT staff assigned shall be knowledgeable in energy efficiency programs available to the community,particularly for low-income residents. CONSULTANT shall assist in the facilitation of said workshops, outreach events as specified by the CITY. - The CONSULTANT shall develop a set of questions necessary to benchmark current energy systems and use throughout the Oak View community and develop a roll out plan for executing the survey across the Oak View community. TASK 2: Administration of survey In coordination with University of California Irvine, the goal of this task is to administer the survey and acquisition of green button data. The stated target of the survey is complete responses from 10% of residential buildings, including data from all tenants and shared loads CONSULTATNT shall: - CONSUTTANT shall administer the survey and green button data request throughout the Oak View community based on the strategy developed in TASK 1. - Data Management- CONSULTANT will tabulate the survey responses into a spreadsheet that uses standardized data input to allow for data sorting. CONSULTANT will supply tabulated data to UCI, the City, and other relevant project partners. CONSULTANT will provide a synopsis of major survey results. - Copywriting and Translations- CONSULTATNT will provide copywriting and copyediting support as needed of the printed materials that have been developed for the community workshops. CONSUTLATNT shall provide additional copywriting support in Spanish for EXHIBIT A any electronic outreach media such as web pages, email communications, and social media posts. Graphic Design (As Needed) - CONSULTANT will provide graphic design and print layout as needed for the development of written and presentations pertaining to the final outcome reporting of this grant project. Video Production (As Needed)—CONSULTATNT has an in-house video production team as well as state-of-the-art digital equipment. Should the City decide that video record of these community workshops should be undertaken,the CITY has the option to utilize the services of the CONSULTANT. Task 3: General Outreach The goal of this task is to provide general outreach to the community to maintain engagement beyond the scope of data collection in service of the project. Such outreach is necessary to ongoing success of these projects in their neighborhood by maintaining relationships and trust. CONSULTANT will: Look to incorporate prior community outreach work on the Huntington Beach Advanced Energy Community project into this current project, including utilization of career development and educational classes Work with the City and local community resource providers(e.g., the Oak View Branch Library, Oak View Family Resource Center)to seek ways to provide outreach throughout the community C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT and the University of California Irvine to engage and educate the community on advanced energy technologies pursuant under the grant conditions set forth by the California Energy Commission. D. WORK PROGRAM/PROJECT SCHEDULE, The consultant will have six (b) months from contract approval to complete the Statement of Work. EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule, See attached Exhibit B B. Travel. Charges for time during travel are not reimbursable C. Billing 1, All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. . 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due, Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B 5, Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY, Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time, Such invoices shall be approved by CITY if the work performed is in accordance with the extra work. or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B Cost Proposal (Rate Schedule) TEAWMEMBER, RATE Arianna Barrios $195 / Hour CEO Diego Teran Account Manager/ $175./ Hour Certified Translator (Spanish, German) Maria Gonzalez Account Executive $160 Hour/ Videographer $125 / Hour Graphic Designer $100 / Hour Exhibit B �rA9rios 0CLATES 9 701 E,Chapman Ave.,Orange,CA 92866 kA 714.878.4664 o Arianna@BarriosandAssociates.cvrn Cost Proposal ( Fee Schedule) Barrios & Associates, LLC proposes an hourly rate structure for this engagement based on the information provided below. This engagement would have a not-to-exceed amount of$50,000 and a term of June 1 through November 30, 2020. Monthly ProfessionalHours1 Blended Hourly , $160 Monthly Project $6,400 Other Direct • • • li Six (6) Month Project Engagement MONTHLY PROJECT BUDGET $ 714uu TOTAL PROJECT BUDGET 4A 4 1 4 00% Arrios Proposal tor: city 01 Huntington t3eacn—community uutreacn SOCIATES PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARRIOS AND ASSOCIATES, LLC dba COMMUNICATIONS LAB FOR CONSULTING SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ........................................................................................................1.2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance................................. .......................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date--............................................................................I I "trc CONSULTING AGREEMENT THIS AGREEMENT is made effective on August 1, 2019 and it is made by and between BARRIOS AND ASSOCIATES LLC dba COMMUNICATIONS LAB, hereafter called"Consultant,"and the Orange Unified School District, hereafter called"District." RECITALS A. The District desires to obtain special services and advice regarding accounting,administrative, economic, engineering,financial, legal and like matters, as provided in thisAgreement. B. The Consultant is specially trained,experienced, qualified, competent and authorized under State and Federal law as applicable,to provide the special services and advice required by the District. Accordingly,the parties agree with the above and as follows: AGREEMENTS 1. In consultation and cooperation with the District,the Consultant shall provide professional and diligent services consistent with generally acceptable industry practices or better as follows: Marketing,Communications and Public Information services. Attachments to this agreement—please check, if applicable: ❑ Statement of Work 0 Proposal/Price Quotation-Dated October 17,2019 ❑ Price/Fee Schedule ❑ Requirements Summary ❑ Other attachment described as: Any attachment is hereby incorporated into this Agreement and made a part of it. In the event of any conflict between the language in this Agreement and any attachment incorporated herein,the language in this Agreement will govern and take precedence over any attachment. 2. The Consultant will commence providing services under this Agreement on August 1, 2019, and will diligently, properly and in full compliance perform as required and complete the performance of services by June 30,2020. Time shall be of the essence in the performance of this Agreement. If the Consultant at any time during the term of this Agreement becomes noncompliant with any of the terms and conditions hereof or noncompliant with any applicable regulatory requirement including any suspension, revocation or termination of any permit, certification or license which is required in order for the Consultant to properly perform under this Agreement,then the Consultant shall immediately notify the District's Administrative Services or Purchasing Department in writing. 3. The Consultant is an independent contractor and will perform said services as an independent contractor and not as an employee of the District.Accordingly, nothing in this Agreement shall be construed as establishing a relationship of employer and employee,or principal and agent,between the District and the Consultant or between the District and any of Consultant's agents or employees. Consultant is solely responsible for its own acts and the acts of any of its agents or employees as they relate to any services provided.Consultant and its agents and employees shall not be entitled to any rights and or privileges of the District's employees and shall not be considered in any way to be the employees of the District. Each party acknowledges that the Consultant is not an employee for state or federal tax purposes or anyother purpose. Revised: September 2018 Page 1 of 8 4. The District will prepare and furnish to the Consultant upon request such existing information as is reasonably necessary for the performance of the Consultant.The Consultant shall provide its own equipment,vehicle,materials,supplies,food, incidentals and tools,etc.which may be required for the proper performance of this Agreement. Each party shall cooperate with the other party. 5. The total amount to be paid to the Consultant for any and all services satisfactorily rendered inclusive of all expenses, supplies and materials pursuant to this Agreement shall not exceed $43,000($3,000 per month x 11 months plus reimbursables not to exceed$10,000) ❑ If this is an Agreement to pay the Consultant by the hour,then this box shall be checked and the hourly rate indicated as follows: $ It is the sole obligation of the Consultant to ensure that the sum of the hours worked multiplied by the hourly rate does not exceed the total not to exceed amount authorized under this Agreement. The total not to exceed amount and any hourly rate of the Consultant shall be inclusive of any and all expenses such as overhead and profit, fees, subcontract costs, automobile insurance to the amount required under California State law or more, materials, supplies, taxes, workers compensation,mileage,travel, incidentals,food and thelike. 6. Payment shall be made to the Consultant within thirty(30) days after receipt of a fully supported and detailed invoice which clearly indicates as applicable any progress completed, milestones achieved,any reports (draft, preliminary or final) issued,dates worked, Increments of hourly work (rounded to the nearest quarter hour increment), subcontract cost, etc. The District will not be obligated to make more than one(1)payment to the Consultant eachmonth. 7. All reports, studies, information, data, statistics,forms,designs, plans, procedures, systems,work products and other materials produced by Consultant under this Agreement shall be the sole and exclusive property of District. No such materials produced, either in whole or in part, under this Agreement shall be subject to private use, copyright or patent right by Consultant in the United States or in any country without the prior written consent of the District. The District shall have unrestricted authority to publish, disclose,distribute,transfer and use copyright or patent any such materials produced by Consultant under this Agreement. 8. The District may at any time and for any reason suspend performance by the Consultant or terminate this Agreement and compensate Consultant only for services satisfactorily rendered to the date of such suspension or termination. Written notice by the District shall be sufficient to suspend or terminate any further performance of services by the Consultant. The notice shall be deemed given when received, upon electronic confirmation of a facsimile transmission,or no later than three days after the day of mailing, whichever is soonest. Upon receipt of any notification of termination by the District,the Consultant shall promptly provide and deliver to the District any and all work product in progress or completed to date including any reports, drafts, electronic information or the like to the District. Unless otherwise identified, notice will be provided to the address shown at the signature block area on the last page of this Agreement. Facsimile notices shall be accepted. 9. The Consultant agrees to and shall hold harmless and indemnify the District, its officers, agents, employees,and volunteers from every claim or demand made and every liability or loss,damage, or expense of any nature whatsoever,which may be incurred by reason of: (a) Liability for damages for death or bodily injury to person, injury to property, or any other loss, damage or expense sustained by the Consultant or any person, firm or corporation employed by the Consultant upon or in connection with the services called for in this Agreement except for liability for damages referred to above which result from the sole negligence or willful misconduct of the District, its officers, agents, employees, or volunteers. (b) Any injury to or death of persons or damage to property,sustained by any persons,firm or corporation, Including the District,arising out of,or in any way connected with the services covered by this Agreement,whether said injury or damage occurs either on or off school district property, except for liability for damages which result from the sole Revised: September 2018 Page 2 of 8 negligence or willful misconduct of the District, its officers,agents,employees, or volunteers. The Consultant, at Consultant's expense, cost, and risk, shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents, or employees on any such claim, demand, or liability and shall pay or satisfy any judgment that may be rendered against the District, its officers,agents,employees,or volunteers in any action,suit or other proceedings as a resuitthereof. 10. During the term of this Agreement,the Consultant shall maintain liability insurance in an amount not less than $1,000,000 unless otherwise agreed in writing by the District, automobile liability insurance to the amount required under California State law or more,and Workers Compensation as required under California State law.The Consultant shall provide Certificates of insurance, with Additional Insured Endorsements, indicating applicable insurance coverages prior to the commencement of work. 11. The Consultant shall maintain and preserve any and all written and electronic records relating to this Agreement, including without limitation, invoice support(e.g. hours and days worked and other detail)for a period of not less than three(3) years after final payment under this Agreement. The District, its employees and agents and the Office of the State Auditor shall have the right to audit, examine, inspect and copy any and all of Consultant's records relating to this Agreement at any time during normal business hours. Additionally, pursuant to Government Code Section 8546.7, the Consultant is hereby advised that every contract involving the expenditure of public funds in excess of ten thousand dollars($10,000.00)shall be subject to examination and audit of the State Auditor as specified in the code. 12. This Agreement is not assignable or delegable by either party,except upon the prior written consent of the other party. 13. The Consultant shall comply with all applicable District, federal, state, and local laws, rules, regulations,policies and ordinances and workers'compensation laws. The Consultant represents and warrants that it does not have any potential, apparent or actual conflict of interest relating in any way to this Agreement. 14. The Consultant, if an employee of another public agency,certifies that Consultant will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually performed pursuant to thisAgreement. 15. Any modification of this Agreement shall be effective only if it is in writing and signed by the parties, except that the District may unilaterally amend this Agreement in writing to accomplish the following changes: a) Increase dollar amounts; b) Effect administrative changes;and c) Effect other changes as required by law. 16. This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior or contemporaneous oral or written Agreements. 17. This Agreement shall be governed and construed by the law of the State of California regardless of any conflicts of laws or rules that would require the application of the laws of another jurisdiction. Venue shall be in Orange County,California. 18. Consultant shall contemporaneously execute, as a part of this Agreement, the attached"Criminal Records Check Fingerprinting Certification"form and submit it to theDistrict. Revised: September 2018 Page 3 of 8 Authorized representatives of the parties have executed this Agreement as indicated below. CONSULTANT: DISTRICT: Barrios and Associates LLC Orange Jdpified School Distri:;f dba Communications LAB 726 W'`C1llinsAve 701 E.Chapman Ave. Oran 92 By Orange_ 11 (Signature,Authorized Representative) a ,Auth Repro a tine} Arianna Barrios Wavid A.Rivera CEO Assistant Superinterdsrrt/CBO -4& — ao�5 CWo Business Services (SSN4oLrFederal IDnumber) q (Telephone) ;trr0171-q (2 COMMor)tcafionskt & coal (Email Address) (Date) (Date) District Board of Education Approval Date: October 17, 2019 Attachment: Criminal Records Check Fingerprinting Certification Revised: September 2018 Page 4 of 8 DECLARATION OF WORK To the Governing Board of the Orange Unified School District: Barrios &Associates, LLC(dba Communications LAB) , acknowledge and certify as (Name of Vendor) follows: Checkbox the following that applies: ❑ Will be working individually with students unsupervised (attach criminal records check form and evidence of sexual abuse and molestation insurance coverage) ❑ Will be working individually with students under direct site supervision ® Will be working individually with students under parent/guardian/family member supervision O While on location, will not be working with any students I declare under penalty of perjury that the foregoing is true and correct. Executed in the city of Orange California, on 11 / 07 / 19 Barrios &Associates, LLC (dba Communications LAB) 701 E Chapman Avenue Business Name(if applicable) Address Arianna Barrios Orange, CA 92866 Printed Name of Authorized Signer City, State,Zip CEO 949-215-5539 Title of Authorized Signer Telephone �hvwt� Arianna@CommunicationsLAB.com Authorized Signature E-Mail Address Revised: September 2018 Page 5 of 8 NOTICE TO CONTRACTORS REGARDING CRIMINAL RECORDS CHECK EDUCATION CODE SECTION 46126.1 Education Code Section 45125.1 provides if the employees of any entity that has a contract with a school district may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the Department for its costs incurred in processing the application. The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department.When the Department of Justice ascertains that an individual whose fingerprints were submitted to it has a pending criminal proceeding for a violent felony listed in Penal Code Section 1192.7(c), or has been convicted of such a felony, the Department shall notify the employer designated by the individual of the criminal information pertaining to the individual.The notification shall be delivered by telephone and shall be confirmed in writing and delivered to the employer by first-class mail. PENAL CODE SECTION 667.6(c) Penal Code Section 667.5(c)lists the following "violent"felonies:murder;voluntary manslaughter; mayhem; rape; sodomy by force; oral copulation by force; lewd acts on a child under the age of 14 years; any felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant inflicts great bodily injury on another; any robbery perpetrated in an inhabited dwelling; arson; penetration of a person's genital or anal openings by foreign or unknown objects against the victim's will; attempted murder; explosion or attempt to explode or ignite a destructive device or explosive with the intent to commit murder; kidnapping; continuous sexual abuse of a child; and carjacking. PENAL CODE SECTION 1192.7 Penal Code Section 1192.7 lists the following"serious"felonies: murder;voluntary manslaughter; mayhem;rape;sodomy by force;oral copulation by force;a lewd or lascivious act on a child under the age of 14 years; any felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant personally inflicts great bodily injury on another, or in which the defendant personally uses a firearm; attempted murder; assault with intent to commit rape or robbery; assault with a deadly weapon on a peace officer; assault by a life prisoner on a noninmate; assault with a deadly weapon by an inmate; arson; exploding a destructive device with intent to injure or to murder, or explosion causing great bodily injury or mayhem; burglary of an inhabited dwelling; robbery or bank robbery; kidnapping; holding of a hostage by a person confined in a state prison; attempt to commit a felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant personally uses a dangerous or deadly weapon; selling or furnishing specified controlled substances to a minor; penetration of genital or anal openings by foreign objects against the victim's will; grand theft involving a firearm; carjacking; and a conspiracy to commit specified controlled substances offenses. The contractor shall not permit an employee to come In contact with pupils until BOTH the Department of Justice and the Federal Bureau of Investigation have ascertained that the employee has not been convicted of a violent or serious felony. The contractor shall certify in writing to the governing board of the school district that none of its employees who may come In contact with pupils have been convicted of a violent or serious felony. Revised: September 2018 Page 6 of 8 CRIMINAL RECORDS CHECK FINGERPRINTING CERTIFICATION a To the Governing Board of the Orange Unified School District: I Barrios &Associates,LLC (dba Communications LAB) acknowledge and certify as follows: (Name of Contractor) 1. I have carefully read and understand the Notice to Contractors Regarding Criminal Record Checks ("Notice") (Education Code section 45125.1) required by the passage of AB 1610, 1612, and 2102. 2. Due to the nature of the work to be performed, my employees and volunteers may have contact with students of the District 3. My employees and volunteers who may have contact with District students must complete background checks with the California Department of Justice(DOJ) and the Federal Bureau of Investigation(FBI). 4. None of the employees or volunteers who will be performing the work has been convicted of a violent or serious felony as defined in the Notice and in Penal Code sections 667.5 and 1192.7. This determination was made by a background check through the DOJ and theFBI. I declare under penalty of perjury that the foregoing is true and correct. Executed at Orange , California, on 11 / 7 19 Barrios &Associates,LLC(dba Communications LAB) 701 E Chapman Avenue Business Name (if applicable) Address Arianna Barrios Orange, CA 92866 Printed Name of Authorized Signer City, State, Zip CEO 949-215-5539 Title of Authorized Signer Telephone aianna@communicationslab.com Authorized Signature E-Mail Address Revised: September 2018 Page 7 of 8 CRIMINAL RECORDS CHECK EMPLOYEE/VOLUNTEER LIST (INSERT NAMES OF EMPLOYEES WHO MAY COME IN CONTACT WITH PUPILS) Use additional copies of page as needed Barrios &Associates,LLC (dba Communications LAB) Name of Contractor: Name of Employee or Volunteer Position Arianna Barrios Consultant Brian Lochrie Consultant Justin Glover Consultant IMPORTANT! Changes to the criminal status of anyone listed on this form must be reported immediately. Revised: September 2018 Page 8 of 8 _ 111 1 lr 77 44, i .•.► ilays �', 1 • 1 1 COMMUNICATIONS SERVICES PROPOSAL Prepared for: Orange Unified School District CommunicationsLAB discover your voice k v Communications. discover yotx voice October 17, 2019 Gunn Marie Hansen, Ph.D, Superintendent of Schools 1401 North Handy Street, Orange, CA 92867 Dear Dr. Hansen, Communications LAB is grateful for the opportunity to partner with the Orange Unified School District and the thousands of students, families, residents and employees it serves. In our discussions of what the year ahead holds for the District, we thank you for the thoughtful review of our services to date and how best we can provide assistance going forward. Understanding is the key to successful partnerships. In this document, Communications LAB has outlined a succinct and limited scope of services for the District. Focusing primarily on communications and community outreach, we believe that we can continue to provide outstanding service to your organization while complementing additional marketing services the District chooses to engage. For purposes of our continued discussion, this revised scope of services focuses on the following areas: • Media Relations & Crisis Communications • Community Relations & Outreach • Strategic Communications • Graphic Design, Photography& Video Services • Measure S Communications In addition to a reduced scope, we are pleased to provide a reduced service budget. As a true partner, we believe this will maximize the District's outreach efforts without unnecessarily straining the budget. We look forward to additional discussion on this proposal and our continued partnership. Sincerely, Arianna Barrios CEO Communications LAB WwW.Communicatio nsLAB.com 701 E.Chapman Ave.,Orange,CA 92866 949.215-5539 into@CommunicationsLAB.com Scope of Work Communications Consulting Services Per recent discussions with the District, Communications LAB has outlined the following scope of services for the Orange Unified School District: • Media Relations & Crisis Communications o As directed by the District, Communications LAB will develop and distribute press releases concerning OUSD news, events, and issues.When applicable, the agency will also directly interact with reporters and the news media on the District's behalf in the role spokesperson or on background. Duties will include facilitating interviews with Board and Staff, supplying graphics and photos and fact gathering to present to media. o As directed by the District, Communications LAB provide on-call crisis communications assistance. This includes, but is not limited to: command center staffing, on-site staffing, message development, cross-agency coordination, media management, press briefings and preparations. o Development of Crisis Communications Plan & Handbook for District-wide distribution. • Community Relations & Outreach o As directed by the District, Communications LAB will seek out, coordinate and, manage community outreach opportunities. This includes finding community event opportunities, Informational booth opportunities, sponsorship and visibility opportunities for the District to partake in. As needed, Communications LAB will provide logistical support and staffing for such opportunities. o Communications LAB will continue to assist and grow community relations efforts by conducting targeted outreach to community stakeholders and leaders throughout the District's service area. This includes but is not limited to: Community eNewsletter, Stakeholder meetings, Stakeholder databases, introductions and community intelligence. • Graphic Design, Photography, Video Production o As needed, Communications LAB will continue to provide graphic design support and services to assist the District in building, or maintaining, a wide variety of collateral materials, providing photography assistance and documenting core events and milestones throughout the District. o As needed, Communications LAB will continue to video production services to assist the District in building a video asset library documenting core events and milestones throughout the District. This includes, but is not limited to: Facilities milestones, graduations, media/news events, outreach materials. • Measure S Communications o As directed by the District, Communications LAB will continue provide to manage communications pertaining to Measure S milestones. This includes but is not limited to: • Production of community events (Groundbreaking, ribbon cuttings, community tours ■ Measure S updates to the community (digital & print) ■ Measure S Video Documentary ■ Video production services related to Measure S documentation www.CarnmunicationsLAB.com Cost Proposal Communications LAB proposes a retainer-based, fixed compensation fee of$3,000 per month for a one (1) year term for a total budget amount of$33,000. In addition, we have suggested additional Direct Costs for the District's consideration as add-on services that will greatly enhance the agency's outreach services. Not outlined here, are direct costs incurred for event production such as we have experienced with groundbreaking special events or print production. It is assumed that the District will directly incur these costs directly, under issued P.O.s as part of any approved activity. Upon acceptance of this revised Scope of Services and the budget below, a detailed work plan will be drafted for the District's review and approval. Professional Services August 2019 -June 2020 Communications Consulting 20 hours per month @ Blended $3000 Services Hourly Rate of $150 11 Months Total August - 2019 -June 2020 TOTAL COST $33,000.00 www.0 ommunicationsLAB.com Q 701 E.Chapman Ave.,Orange,CA 92866 949-215-5539 into@CommunicationsLAB.com i�•: CommunicationsLAB discover your voice Communications LAB 701 E.Chapman Avenue,Orange,CA 92866 P 949215.5539 E info@CommunicationsLAB.com ORANGE UNIFIED SCHOOL DISTRICT Scy�o! C) y R9 � �F CAL1�� REQUEST FOR INFORMATION COMMUNICATION/PUBLIC INFORMATION SERVICES RFI No. 170920 Proposals Due No Later Than: October 20,2017— 10:00 a.m. Submissions and Information Contact: Mr. Edgar Manalo Director,Purchasing Business Services Division Orange Unified School District 726 W. Collins Avenue Orange, CA 92867 Phone: (714) 628-4440 E-Mail: purchasing@orangeusd.org The designated contact listed in this RFI is the authorized distributor of this RFI.Addenda,and all related Documents TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE I. SECTION 1—DISTRICT AND PROJECT INFORMATION: Introduction 2 Purpose and Intent 2 Interviews(Optional at Discretion o District Tentative Timeline of Events includes RFI Due Date 3 Pre-Proposal Conference Not Applicable to This Project Not Applicable Limitations 4 II. SECTION 2—SCOPE OF SERVICES AND SUBMISSION REQUIREMENTS: Summary Scope of Services Exhibit A Proposal Contents and Submission Requirements 5 IV. SECTION 4—EXHIBITS Summary Scope of Services Exhibit A END OF TABLE OF CONTENTS Orange Unified School District Page 1 of 6 RFI No. 170920 Communication/Public Information Services I. SECTION 1 —DISTRICT AND PROJECT INFORMATION: INTRODUCTION Orange Unified School District("District")is a public school district headquartered in Orange, California and covers approximately 108 square miles in six cities: Orange,Villa Park, parts of Anaheim,Santa Ana, Garden Grove,Yorba Linda,and unincorporated areas of Orange County. The District's student population (ADA) for the 2017-18 school year is 28,522. The District operates twenty-seven elementary schools, four middle schools (including one dependent charter school and one independent charter school), four high schools, one community day school, one alternative education program, and one special education site. Nineteen of its forty-two schools have been recognized as California Distinguished Schools. On November 8,2016,voters of the District approved Measure S, authorizing the sale of$288,000,000 in General Obligation Bonds for facilities repairs and safety requirements. The District's strategic plan for 2017-2020 is accessible on the District's website(Strategic Plan 2017-2020). The Strategic plan provides a comprehensive description of the District's mission and vision,while identifying the core values and area of priorities. PURPOSE AND INTENT The Orange Unified School District("District") invites proposals ("RFI")from qualified firms to provide communication/public information services in accordance with scope of work outlined in this RFI. ➢ The due date and time for the receipt of proposals is up to, but not later than 10:00 a.m. on October 20, 2017, e-mailed to the contact listed in this RFI. The District shall not be responsible for,nor accept as a valid excuse for late proposal delivery,via e-mail. ➢ Please direct any inquiries or questions to the attention of Mr. Edgar Manalo, Director of Purchasing,via e-mail: purchasing(a)orangeusd.ore. INTERVIEWS (Optional at Discretion of District) Offerors that submit a proposal to the RFI may be invited to meet with the District, if/as requested by the District. The proposed key staff for services will be expected to attend the interview. The interview will be an opportunity for the District to review the qualifications, firm history, and other matters the District deems relevant. Orange Unified School District Page 2 of 6 RFI No.170920 Communication/Public Information Services TENTATIVE TIMELINE OF EVENTS The anticipated schedule for completion of this RFI is shown below; dates are subject to change: Milestone Date RFI Solicitation and Issuance Date— September 28,2017 Document Available via District Contact Listed in RFI Deadline for Offeror Submittal of RFI Questions October 13,2017 Deadline for District Responding to all Questions October 18,2017 RFI Due Date October 20,2017 No Later Than 10:00 AM RFI Review by District October 23—27,2017 PRE-PROPOSAL CONFERENCE No pre-proposal conference is scheduled for this RFI. ADDENDA AND CLARIFICATIONS If it becomes necessary for the District to revise any part of this RFI,or to provide clarification or additional information after the RFI is released, the District shall issue a written Addendum that will be sent to each recipient of record for the original RFI. It shall be the responsibility of the offerors to inquire of the District as to any Addenda or Clarifications issued. All Addenda issued shall become part of the RFI. ➢ Questions or comments regarding this RFI (except to inquire about the number of Addenda issued) must be in writing and received no later than date and time (Pacific Standard Time) specified in the Article entitled"TENATIVE TIMELINE OF EVENTS". ➢ WRITTEN QUESTIONS ARE TO BE E-MAILED TO THE DISTRICT CONTACT REPRESENTATIVE STATED IN THIS RFI. ➢ SUBJECT LINE OF THE EMAIL SHOULD REFERENCE RFI 170920 COMMUNICATIONS/PUBLIC INFORMATION SERVICES. Orange Unified School District Page 3 of 6 RFI No. 170920 Communication/Public Information Services INSTRUCTIONS FOR SUBMISSIONS AND QUESTIONS All proposals shall be submitted, via e-mail, to the District representative listed below, prior to the stated deadline. ➢ DISTRICT CONTACT FOR QUESTIONS AND SUBMITTAL OF PROPOSALS,VIA E-MAIL: Mr. Edgar Manalo, Director of Purchasing Purchasing Department Orange Unified School District 726 W. Collins Avenue Orange, CA 92867 Phone: (714) 628-4510 E-Mail: purchasing@orangeusd.org All materials received as part of this solicitation become the property of the District and shall be considered public record. The cost to prepare and submit the proposals is at the sole expense of each firm. Responses should be complete and provide a concise overview of the capabilities of your firm. Responses may be rejected if not prepared in the format described, or if submitted without all required information and signatures. LIMITATIONS This RFI is neither a formal request for bids, nor an offer by the District to contract with any party responding to this RFI. The District makes no representation that participation in the RFI process will lead to an award of contract or any consideration whatsoever. The District reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The District may reject any proposal that does not conform to the instructions herein. The District makes no representations that any contract will be awarded to any offeror. Orange Unified School District Page 4 of 6 RFI No. 170920 Communication/Public Information Services II. SECTION 2 _ SCOPE OF SERVICES AND SUBMISSION REQUIREMENTS: SUMMARY SCOPE OF SERVICES ➢ Refer to Summary Scope of Services,identified in Exhibit"A" at the end of this RFI. PROPOSAL CONTENTS AND SUBMISSION REQUIREMENTS These instructions prescribe the format and content of the RFI.They are designed to facilitate a uniform review process. o The proposal shall be an Adobe PDF document using 8.5"x I I"paper size. o The proposal shall be an attachment to an email addressed to the District contact representative stated in the RFL The subject line of the email should reference RFI 170920 Communications/ Public Information Services. o The following electronic documents and responses shall be included in the proposal in the order given below. 1. Cover Page (1 page maximum) a. Introduction of firm. b. Confirmation of review and inclusion of RFI addenda(if any). c. Signed by company officer authorized to submit the offerors RFI response. 2. Firm Profile and Staffing(2 pages maximum) a. Name of firm's project lead,with complete contact information. b. Full name and address of firm. c. Summary of firm services. d. Firm organization chart/project personnel chart. 3. Firm Approach(2 pages maximum) a. Provide your firm's approach to the requested services, inclusive of related methods and processes. b. Highlight your team's training and transition approach. c. Provide a sample-staffing plan for your approach. d. Provide the firm's process for replacing staff on this project. 4. Relevant Experience(2 pages maximum) a. Refer to"Scope of Service"outlined in Exhibit"A"of this RFI in response to this RFI. b. Describe your firm's experience working with K-12 public schools in similar scope and size as Orange Unified School District. c. Provide a list of past projects (with contacts and brief descriptions)representing similar(scope/type/client)work conducted by your firm over the past five(5)years. d. Please answer the following questions: i. Has your firm ever been terminated by a client during the course of a project? If so, please explain. Orange Unified School District Page 5 of 6 RFI No. 170920 Communication/Public Information Services ii. Has your firm ever been in litigation, whether client initiation or by your firm? If so, please explain. 5. Personnel Resumes (one-half page maximum per team member) a. Provide staff resume who could be assigned to the District. b. Identify project roles for each staff member assigned to the team. 6. Cost Proposal and Fee Schedule(1 page maximum) a. Provide all-inclusive proposal for services, and a schedule of fees. Itemize estimated reimbursable expenses as a separate item within this cost proposal. i. Provide billable/hourly rate of staff by job title. ii. Explanation of billing procedures including rates,mark-ups, etc. iii. Referencing the "Scope of Service Duties" in Exhibit "A,"provide a "not to exceed" annual budget. END OF SCOPE OF SER VICES AND SUBMISSION REQUIREMENTS SECTION IV. SECTION 4 - EXHIBITS: ➢ The following Exhibits are included with this RF1, following this page: EXHIBIT EXHIBIT DESCRIPTION A Summary Scope of Services (Exhibit A.]Price Proposal Form included) Thank You for Your Participation! Orange Unified School District Page 6 of 6 RFl No. 170920 Communication/Public Information Services