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HomeMy WebLinkAboutFSB Public Affairs and Barrios & Associates, LLC - 2020-11-02 (2) 'TE�tl W 17HD9A INN FROM L'dI1ODEPAT&N City of Huntington Beach File #: 20-1989 MEETING DATE: 11/2/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve and authorize the Mayor and City Clerk to execute Professional Service Contracts with FSB Public Affairs and Barrios & Associates, LLC, for On-Call Public Affairs Services Statement of Issue: The City recently completed an RFQ process to retain the services of on-call public affairs services. Based on the results of the assessment, staff is requesting authorization to execute two on-call professional service contracts with FSB Public Affairs and Barrios & Associates, LLC. The specialists may provide various services, such as developing content for the City's media platforms, including print, website, social media, and community cable television channels, along with other projects as needed. The term for each contract is one year, with an option to renew annually for two successive years. Financial Impact: There is no additional appropriation requested at this time. If the on-call contracts are approved, services would be provided on an as-needed basis, subject to annual City Council budget appropriation authority. Any work performed will be funded through both the General Fund and the Surf City "3" Cable Channel Fund. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and FSB Public Affairs, Inc." and, B) Approve and authorize the Mayor and City Clerk to execute "Professional Services Contract Between the City of Huntington Beach and Barrios & Associates LLC." Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Staff is seeking approval of on-call contracts with public affairs specialists, FSB Public Affairs and Barrios & Associates, to provide community outreach and public affairs services. These services City of Huntington Beach Page 1 of 2 Printed on 10/28/2020 powerc*� LegistarTM File #: 20-1989 MEETING DATE: 11/2/2020 would be provided on an "as-needed" basis to supplement City efforts to distribute information to residents and the media, generate multimedia content, and assist with various special outreach projects. Staff issued a Request for Qualifications and received 15 responses. Following an evaluation of all responses and interviews with the top three candidates, staff is recommending that on-call contracts be approved with FSB and Barrios. Both firms are uniquely qualified to provide services to the City, due to their extensive resources, staffing, and experience working with other agencies and corporations. Pursuant to the proposed agreements, work will only be performed on an as-needed basis, with each contract containing a not-to-exceed amount of $150,000 year. The term of the agreements is for one year, with the option to renew annually for two successive years. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and FSB Public Affairs for On-Call Public Affairs Services 2. Professional Services Contract Between the City of Huntington Beach and Barrios & Associates, LLC, for On-Call Public Affairs Services City of Huntington Beach Page 2 of 2 Printed on 10/28/2020 powerelZij Legistar- PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FSB PUBLIC AFFAIRS, INC. FOR ON-CALL PUBLIC AFFAIRS SPECIALISTS TO SUPPORT THE PUBLIC INFORMATION OFFICE THIS AGREEMENT ("Agreement") is made and entered into by and between* 11 zCityof Huntington Beach, a municipal corporation of the State of California, hereina ter referred to as "CITY," and FSB Public Affairs, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a/onsultant to support the Public Information Office by providing public affairs specialist; a�d/ Pursuant to documentation on file in the offic 4f the City Clerk, the provisions of the Huntington Beach Municipal Code Chapter 3.03, relating to procurement of professional service g P p g contracts have been complied with; and CONSULTANT has been selected�'to perform these services, CONSU NOW, THEREFORE, it is aagreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERV/ICES CONSULTANT hall 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 Brandon Powers who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the erformance of this Agreement. 20-9100/238416 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are/too commence on , 20 (the "Commencement Date"). Txis Agreement shall automatically terminate one (1) year from the Commencement Dateyunless extended or sooner terminated as provided herein. All tasks specified in Exhibit A-" shall be completed no later than one year (1) 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. vent the Commencement Date precedes the Effective Date CONSULTANT In the e p, , shall be bound by all terms and conditions/rmance ided herein. 4. COMPENSATION In consideration of the perf of the services described herein, CITY agrees to pay CONSULTANT on a time and aterials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated/Vyreference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000). 5. EXTRA WORK In the e ent CITY requires additional services not included in Exhibit "A" or changes in the scop of services described in Exhibit "A," CONSULTANT will undertake such work only after eceiving written authorization from CITY. Additional compensation for such extra work s all 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." 2 0-9 1 00/23 84 1 6 2ofII 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS /z CONSULTANT agrees that title to all materials prepared hereunder, including, g � without limitation, all original drawings, designs, reports, both field and off ce notices, calculations, computer code, language, data or programs, maps, memoranda,,'lecers and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY .r 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 tit. ff� 9 8. HOLD HARMLESS '` CONSULTANT hereby agrees to protec6efend, indemnify and hold harmless f 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 ( g, /Sofincludin without limitation, costs and fe litigation of every nature or liability of any kind or nature) arising out of or in c onnection with CONSULTANT's (or CONSULTANT's subcontractors, if any)negligent(or alleged negligent)performance of this Agreement or its failure y 7 to comply with any of its obligapions 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 apply to all claims and liabili regardless of whether any insurance policies are applicable. The policy limits do not act as 1' itation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance pol' y covering the work performed by it hereunder. This policy shall provide coverage for 20-9100/238416 3of11 CONSULTANT's professional liability in an amount not less than One Million Ddllars ($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: F' A. The policy retroactive date coincides with or/precedes the initiation of the scope of work (including subsequent policies purchased as renewals or f 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 k. required extended period of coverage following PROJECT completion. If insurance is terminated /P i' for any reason, CONSULTANT agreeseto purchase an extended reporting provision of at least two (2) years to report claims arising from m 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 refu es to furnish the CITY with required proof that insurance has been procured and is in for�Tf� and paid for, the CITY shall have the right, at the CITY s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time 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. d J' <f �r ,r / 20-9100/238416 � 4 of 11 _ 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/ 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,lmits except after thirty(30)days' J prior written notice;however,ten(1,0)days' prior written notice in the event r 1 of cancellation for nonpayment,of premium. CONSULTANT shall maintain the"f regoing insurance coverage in force until the o- ;y work under this Agreement is fully completeddand 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. 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, �r social security, state disability insurance compensation, unemployment compensation and other 20-9100/238416 5of11 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/W/ orkmanlike 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 r'of this Agreement by CITY shall be made in writing, notice of which shall be delivered to/CONSULTANT as provided r' herein. In the event of termination, all finished and unfinisher ocuments, exhibits, report, and d 1• 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 personalXervice 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, delegate/sand subconsultants must satisfy the insurance requirements as set forth in Sections 9 and DLO hereinabove. 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 thew rk performed pursuant to this Agreement. No officer or employee of CITY shall have any 20-9100/238416 6ofII financial interest in this Agreement in violation of the applicable provisions of the California Government Code. m 16. NOTICES Any notices, certificates, or other communications hereunder shall be giyen either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to r 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' which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, �a a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: J City of Huntington Beach , FSB Public Affairs, Inc. ATTN: Catherine Jun ,' Brandon Powers 2000 Main Street ' 2099 S. State College Blvd., Suite 630 Huntington Beach, CA 92648 Anaheim, CA 92806 17. CONSENT When CITY's r/"onsent/approval is required under this Agreement, its f 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 waiveror modification of any language in this Agreement shall be valid unless in writing and,duly executed by both parties. i" r r r 20-9100/238416 7ofII 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 ,N or excluded from such provisions, and do not interpret, define, limit or describe, or construe the r,r intent of the parties or affect the construction or interpretation of any proy�i`sion of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a lr 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 arbitrat yo 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 w upon any other unless so expressly provid`d 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 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 iYhereby 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 /20-9100/238416 8of11 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. 1` . 22. IMMIGRATION r: CONSULTANT shall be responsible for full compliance with the``immigration and F 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. 24. ATTORNEY'S FEES In the event suit s 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' .fees, such that the prevailing party shall not be entitled to recover its attorney's fees from he 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. /20-9100/238416 9 of 11 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. r 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 y authority or power is not, in fact, held by the signatory or,is withdrawn. 28. ENTIRETY f a` r` The parties acknowledge and agreethat they are entering into this Agreement freely E�� 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 s this Agreement, and that that party has not executed this Agreement in reliance on any l� representation, inducement;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 parties respecting the subject matter of this Agreement, and supersede all prior y understandings Viand 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. T >s Agreement shall expire when terminated as provided herein. 20-9100/238416 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal FSB Public Affairs, Inc. corporation of the State of California,- p t' By: Mayor print name ITS: (circle one)Chairman/President/Vice President AND City Clerk INITIATED AND APPROVED: By: print name City Manager ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary—Treasurer 10 f `$M APPROVED AS TO FORM: cn ity Attor y r" d f l�+y fir i' f� J/!Y I 20-9100/238416 11 of I EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Develop content for the City's media platforms, which may include print,ewebsite, social media, and community cable television. *4 B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Develop content for the City's media platform, which may include print, website, social media, lit will use multi-media to build a unique and community cable television. The specialist brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to assist in faciliatting any data e� collection and interviews the CONSULTANT needs to conduct and complete the aforementioned scope of ork. D. WORK PROGRAM/PROJECT SCHEDULE: r EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the followinglhurly rate and cost schedule: See attached Exhibit B. ' B. Travel Charges for time during travel are not reimbursable. C. Billing I. All billing shall be done monthly in fifteen (15)1" inute increments and matched to an appropriate breakdown of the time that s"taken to perform that work and who performed it. �J 2. Each month's bill should include a totalo date. That total should provide,at a glance, the total fees and costs incurred to �e for the project. 3. A copy of memoranda, letters `reports, calculations and other documentation prepared by CONSULTANT7may be required to be submitted to CITY to demonstrate progress toward�ompletion of tasks. In the event CITY rejects or has comments on any such product, oduct, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shal submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Shdw the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that he 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. UYon submission of any such invoice, if CITY is satisfied that CONSULTANT is aking 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 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. �f 5. Any billings for extra work or additional services authorized in advan•'ce 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 withhel6. Any dispute between the parties concerning payment of such an invoice shatl be treated as separate and apart from the ongoing performance of the remainder;of this Agreement. .j i 2 Exhibit B Exhibit B BADFISH RFP - COMMUNICATIONS, PUBLIC AFFAIRS, AND MARKETING SPECIALIST M E D I A PRICING Rates reflecta,�pkublic�agencyh�ate whr�ch is a 35�% --. redoctton oue a standard corpoYate'liourly ate Category Project Standard Pate 25%Reduced Rate STRATEGIC COMMS Monthly Management $10,000 $7,500 Press Releases/Written Material $250/hr $187.50/hr Video - B-Roll $250/hr $112.50/hr Video - Small $4,000 $3,000 /(Single Day, Single Camera, Single Mic, Simple Post Production, 2-3 minute PSA/Mayor Update) Video - Medium $8,500 $6,375 (Single Day, Multiple Camera/Mics,Advanced Post Production,4-8 min) Video- Large $13,500 $101,125 (Multiple Day, Multiple Camera/Mics, Shortform Storyboarding,Script Dev-Visit HB Commercial) Video - Extra Large /'fAsk for Quote (Scheduled Shoots, Multiple Camera/Gear, Longform Stor yboarding, Script Dev) -Visit HB Commercial) Documentation Photography $175/hr r" $131.25/hr (Staffed Photographer) ' Professional Photography $300/hr/ $225/hr (Professional Photographer'w/professionally retouched photos) Graphic Design - Sr Designer $20,C' $150 Graphic Design -Secondary Designer, $),E 7 $125 Graphic Design - Design Support /$133 $100 H63 TV *Monthly Management $30,000 (Includes: 4xSmall Productions+fsEither 3xMedium or 2xLarge Productions per month... Extra Productions billed at above rate) �,/ *Amount is subject to finalized scope and approved content creation and management. WEBSITE DEVELOPMENT Small $7,500 $5,625 (Simple landing page, few pages/sections, Hosting, SSL certificate, SEC) Medium � $15,000 $11,250 (Multiple pages,/sections,Advanced features&coding, Hosting, SSL certificate,SEO) Large $25,000 $18,750' (Multiple pages/sections,Advanced features&coding,advanced graphics,videos, payment processing, advanced forms, Hosting, SSL certificate, SEC) Enter/prise $3,500/mo $2,625/mo (M.nage outsourced custom website developer/platform) NEW CITY NEWSLETTER Initial Construct/Setup $5,000 $3,750 Hourly Graphics $150 $112.50 Hourly Content Development/Writing $195 $146.25 ONCALL SERVICES Media Training $325 $243.75 Style Guide Updating $325 $243.75 Media Analysis $325 $243.75 Crisis Communications $325 $243.75 33 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 8� BARRIOS & ASSOCIATES LLC FOR PUBLIC AFFAIRS SPECIALISTS TO SUPPORT THE PUBLIC INFORMATION OFFICE r THIS AGREEMENT ("Agreement") is made and entered into bykand between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Barrios & Associates, LLC, a limited liability company, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the se vices of a consultant to support the Public Information Office by providing public affairs speei'alist; and Pursuant to documentation on file in t�h'e 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 an'r -ncorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." J j CONSULTANT hereby designates Brian Lochrie who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 20-9099/238403 1 of 11 f 3. TERM; TIME OF PERFORMANCE rt Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 120 (the "Commencement Date"). This Agreement shall automatically terminate one (1) year from the Commencement Date,,unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "N" shall be completed no later than one year (1) from the Commencement Date: The tifor 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 riting by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT v shall be bound by all terms and conditions as provi ed herein. 4. COMPENSATION In consideration of the perfomance of the services described herein, CITY agrees to pay CONSULTANT on a time an .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 One Hundred and Fifty Thousand Dollars ($150,000). 5. EXTRA WORK In the 'e nt CITY requires additional services not included in Exhibit "A" or changes in the scop`e of services described in Exhibit "A," CONSULTANT will undertake such g � work only after receiving written authorization from CITY. Additional compensation for such extra work Shall be allowed only if the prior written approval of CITY is obtained. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." /20-9099/238403 2of11 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, .r 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/4terials 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 CONSULTANT hereby agrees to pr/j/ct, detfend, 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 cdnnection with CONSULTANT's (or CONSULTANT's subcontractors if an negligent 'r alleged negligent)performance of this Agreement or its failure Y) � g to comply with any of its obli tions contained in this Agreement by CONSULTANT, its officers, agents or employees exce t 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 appro, e selection of CONSULTANT'S counsel. This indemnity shall apply to all claims and liab' ity regardless of whether any insurance policies are applicable. The policy limits do not act a limitation upon the amount of indemnification to be provided by CONSULTANT. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance licy covering the work performed by it hereunder. This policy shall provide coverage for 20-9099/238403 3of11 CONSULTANT's professional liability in an amount not less than One Million 7dr's ($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 ,r r� policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with orfprecedes 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 e give rise to future claims. �r CONSULTANT will make �euery effort to maintain similar insurance during the required extended period of coverage follbwing PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two ,r (2) years to report claims arisingffrom work performed in connection with this Agreement. d" If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish 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 affect Consultant's right to be paid for its time a, 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. ,f /20-9099/238403 4of11 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:,il r'r 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`limits except after thirty(30)days' prior written notice;however,ten(1.0)days' prior written notice in the event of cancellation for nonpayment of premium. r CONSULTANT shall maintain e 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 a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. f 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement a4a n 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 %! 20-9099/238403 5of11 f` 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 X;" 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 �,P d'' cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by 3d 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 DELEGAyTION i�. This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted b?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.k0 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material r Y produced as a result of this Agreement. 15.E°°� CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the,ork performed pursuant to this Agreement. No officer or employee of CITY shall have any 20-9099/238403 6of11 i financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be/jiven 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 notifyingthe other party via personal delivery, N fl� a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: /eTO CONSULTANT: City of Huntington Beach ` l Barrios & Associates, LLC ATTN: Catherine Jun fta Arianna Barrios, CEO 2000 Main Street ' 701 E. Chapman Avenue Huntington Beach, CA 92648 Orange, CA 92866 r' 17. CONSENTp. 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 r. subsequent occurren e�6f the same or any other transaction or event. 18. MO.DIFICATION o waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. p 1 x� 8 11~ /20-9099/238403 7of11 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 descri-ptive and are included solely for convenience of reference only and are not representative of matters included I' or excluded from such provisions, and do not interpret, define, limit or describe, or construe the J' intent of the parties or affect the construction or interpretation of any,rprovision 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/ or or against any of the parties. If any d� provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such,,"/Wing shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent P p� 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 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 l ,f bring it within the requirements of the law. 0 i 21,t 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 20-9099/238403 8of11 s 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 sr �y CONSULTANT shall be responsible for full compliance with the immigration and h. naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. fi. �f. 23. LEGAL SERVICES SUBCONTRACTING PRORIBITED 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. CO+NSULTANT 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. 24. ATTORNEY'S FEES J In the event suit/is brought by either party to construe, interpret and/or enforce the �p terms and/or provisions of,this Agreement or to secure the performance hereof, each party shall bear its own attomeys es, such that the prevailing party shall not be entitled to-recover its attorney's fees from the nonprevailing party. 25. SURVIVAL ,r*Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. > /209099/238403 // 9 of 11 f�.f 26. GOVERNING LAW / This Agreement shall be governed and construed in accordance with the law`s of the r State of California. 27. SIGNATORIES , Each undersigned represents and warrants that its signa. re hereinbelow has the .l power, authority and right to bind their respective parties to each of/the terms of this Agreement, r and shall indemnify CITY fully for any injuries or damage 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 Yents, t ng this Agreement. The parties also acknowledge and agree that no representations, induceY 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 o this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement', 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 parties respecting the subject matter of this Agreement, and supersede all prior understandin s" and agreements whether oral or in writing between the parties respecting the subject matter hereof. 9. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. his Agreement shall expire when terminated as provided herein. 20-9099/238403 10of11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,/ f by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH;a`municipal Arianna Barrios, CEO corporation of the State of California Barrios & Associates, LLC '� By: Mayor print name ITS: (circle one)Chairman/President/V ice President Clty110r1{ AND INITIATED' AND APPROVED: B / City Manager print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. � Secretary—Treasurer APPROVED AS TO FORM: �n City Attorney r A i J ! J/ Ali f'f ✓ r, r` l 20-9099/238403 11 of 11 EXHIBIT "A" ,f4s t x A. STATEMENT OF WORK: (Narrative of work to be performed) <' Develop content for the City's media platforms, which may include print, website 'social media, and community cable television. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Develop content for the City's media platform, which may include,'prmt, website, social media, and community cable television. The specialist will use multi media to build a unique brand for s f, the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhanee'its credibility as a trusted source of information. '' C. CITY'S DUTIES AND RESPONSIBILITIES: The CITY shall work collaboratively with the CONSULTANT to assist in faciliatting any data 1r f/' collection and interviews the CONSULTANT needs to conduct and complete the aforementioned scope of work. D. WORK PROGRAM/PROJECT SCHEDULE: r s r d" e f d� ,f EXHIBIT A EXHIBIT "B" .r' A. Hourly Rate Payment Schedule (Hourly Payment) CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: See attached Exhibit B. r 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. a 3. A copy of memoranda, letters6eports, 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. r Such invoice shall,: A) Reference this Agreement; B) Describe the services performed; C) Slow the total amount of the payment due; D) Anclude 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. riJpon 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 r 1 Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 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. i' e Ct f' f i1r f` S' r d" Aid. ee �a ✓/ fir, 1' �r AJt J N�y, i �d e� I b' P �y. r a 2 Exhibit B P' Fee Schedule Barrios &Associates, LLC 1. Flat Monthly Retainer Fee -$7,500 "fl a. This fee includes services related to Strategic Communications, HBTV Chann"el 3 programming, website development, city newsletter development, and on-call services for up to 50 hours per month. , P r : 2. Other Supplemental Services -$135/hour r�rl a. See attached letter/proposal dated October 23, 2020. ' r f t r i h e` f,. 1. 6� f i' rF« J' f C f }f f P f d� I p9s CommunicafionsLM discover your voice October 23, 2020 Catherin Jun, Assistant to the City Manager City of Huntington Beach RE: Supplemental Capabilities Overview For the City of Huntington Beach, Communications LAB has provided a comprehensive outline of services as they pertain to the Public Affairs RFP advertised by the City earlier this year. In addition, Communications LAB is pleased to offer the following Supplemental Capabilities Overview to be used at the City's discretion and on an as-needed basis. These additional capabilities and service areas would be billed separately from the base retainer agreement outlined in our RFP response. However, Communications LAB is prepared to offer the City a deeply discounted, blended hourly rate for use of these supplemental services. Should our team be called upon to perform any of the duties outlined in this document, the cost to the City would be a blended hourly staff rate of $135 per hour and any material costs incurred by Communications LAB. Our understanding is that an estimate of hours and costs would be submitted to the City for approval prior to any Supplemental Service was undertaken. Thank you, Arianna Barrios, CEO Office: (949) 215-5539 ext. 101 Mobile: (714) 878-4864 Email: Arianna@CommunicafionsLAB.com Web: www.CommunicationsLAB.com 701 e chapman ave.orange,ca92866 www.communicaflonslab.com i 91*4 Communications-L. discover your voice Services Overview I • Administrative Assistance & • Electronic/Print Management design & layout I • Advertising • Embedded Staffing Support • Branding & Marketing awareness campaigns • Photography • Change Management • Publications Management Consulting • Public Policy Consulting • Communications & Media Training • Media Relations • Community Outreach • Media Planning & Buying • Crisis Communications • Social Media Support Management • Construction Relations • Marketing Strategy & Campaigns • Copywriting & Editing • Special Events • Impact Evaluation & Management Measurement for projects, programs and initiatives • Translation Services: Spanish • Graphic Design & Illustration • Video Production • Government Relations . Website Development & Management • Hispanic Outreach & Media Relations i 701 e chapman ave.orange,ca 92866 www.communicaflonsiab.com o, a.IL CommunicafionsLAB discover your voice Services Overview • Administrative Assistance & • Electronic/Print Management design & layout • Advertising • Embedded Staffing Support • Branding & Marketing awareness campaigns • Photography • Change Management • Publications Management Consulting • Public Policy Consulting • Communications & Media Training • Media Relations • Community Outreach • Media Planning & Buying • Crisis Communications • Social Media Support Management • Construction Relations • Marketing Strategy & Campaigns • Copywriting & Editing • Special Events • Impact Evaluation & Management Measurement for projects, programs and initiatives • Translation Services: Spanish • Graphic Design & Illustration • Video Production • Government Relations • Website Development & Management • Hispanic Outreach & Media Relations 701 e chapman ave.orange,ca 92866 www.communicationsiab.com CommunicaflonsLAB discover your voice Service Description Advertising Communications LAB has an award-winning record in the creation of print and digital outreach tools that generate enthusiasm and communicate complex ideas to broad audiences.We create print and digital content based on the branding and messaging established for the campaigns.Our in-house creative team includes experts in their field who are adept at responding quickly to all design requests. Our team specializes in designing and producing a wide range of collateral materials in support of client programs, marketing campaigns, and outreach initiatives. Our materials feature compelling graphics, message-driven content, and easy-to-understand illustrations.To achieve the goals of the client,we can create posters, brochures, guides,take ones, postcards,and other collateral that best suits the strategic goals and your audience. We can produce a suite of unique materials in support of promotions and campaigns as part of any overall marketing program. Branding & Marketing Campaigns As experienced brand builders, Communications LAB has the expertise necessary work within established agency brands or create a fresh corporate identity. For public agencies,we are often called upon to build identities for signature projects that clearly identifies the effort. Our team has an expert graphic designer on staff who has decades of experience in brand building,including the creation of the Irvine Company logo. Our goal is to create a visual messaging iconography that speaks clearly to audiences and key stakeholders. Once developed, Communications LAB will use this visual identity across all project collateral, social media posts and in every project touchpoint with a distinct voice. Our team has the technical expertise to translate the complex verbiage used by experts into language that your core audience can understand.We also have the graphic design and production skills to design and produce eye-catching material and PowerPoint presentations that maintain a client's current or project-specific branding. Communications LAB has built award-winning marketing awareness campaigns for public and private organizations including Orange County Transportation Authority, Disneyland Resort, Orange County Vector Control,The Toll Roads, CalOptima,SDG&E,and many other organizations. Communications & Media Training For Communications LAB,one of our core values is to share our knowledge.We are inspired by communications and take great pride in our ability to train others to become communicators.Training programs, seminars,on-camera practice sessions, pre-debate practice sessions are all part of our toolkit. As a national member of the Public Relations Society of America,we have several team members who have achieved national APR accreditation and who lead certification training in turn. In addition,we conduct trainings for the tools we create,such as web and email. Our goal is to ensure that our clients can'manage their own communications if they so desire. Construction Relations As an agency with experience managing public outreach on many large-scale, public infrastructure projects,we have a deep understanding of the need to keep internal lines of communication strong and open.Over the years,we have built strong relationships within the building trades communities and have worked hand-in-glove with many of Southern California's leading construction companies. Working together,we develop partnerships to insure there are no surprises for the local community. Copywriting & Editing 701 e chapman ave.orange,,ca 92866 www.communicationslob.com CommunicafionsLAB discover your voice Communications LAB is staffed with professional writers and former reporters who understand how to effectively communicate key messages to a variety of audiences. We adhere to AP Style and institute agency-wide quality control rules to ensure a client's project is extensively reviewed and properly edited. Crisis Communications Support We understand that it is not our job to set policy, but to appropriately communicate a client's position, clearly and consistently.As an advocate,this role is never more important than when there is a crisis.As a resource or as an extension of staff, our team has the experience to handle a wide variety of issue with a steady hand to protect your reputation. Our team also has experience in developing op-ed articles for board members or community stakeholders to consider for submission.These can often prove to be a great benefit,showing strong support for the client in moments of great difficulty and reminding community members that there is always another side to the story. Communications LAB can coordinate media briefings and provide crisis communications assistance with the media. Our team has experience crisis when it hits and before-building communications plans for clients to follow well before a problem ever arises. In the moment, our media relation skills will be important to help a client frame issues well in the media since the initial stories will be the referral articles used by reporters on a go forward basis. Electronic/Print design and layout Communications LAB has web design specialists and social media experts on staff.We understand how to leverage Facebook,Twitter, E-Newsletters and other online communications resources to reach Laguna Niguel residents and businesses. We also have experts on staff who develop and manage e- newsletters through the Constant Contact program. Our team works in concert with its clients to update and manage the graphic design and electronic outreach component of any project.We can create and produce banners, posters and signage needed for any potential public hearings, community coffees or open houses. Our subconsultant, Bieber Communications,is a recognized expert in direct mail and print communications. His on-demand print expertise will be invaluable when its time to inform the key stakeholders that public meetings and community open house activities are taking place. Graphic Design & Illustration Communications LAB's Graphic Designer will produce all project-related collateral material for our client's projects including project banners, posters with timelines and maps, Frequently Asked Questions (FAQ) and Fact Sheets, email templates.Our team is dedicated to acting as an extension of your team to bring your vision to life. Public Affairs & Policy Support Communications LAB team members are former journalists and public affairs professionals with decades of experience.We understand the media and can provide counsel in a wide variety of community affairs issues and message management. Our extensive government relations will extend our relational reach throughout our engagement period.You will not find an agency that knows the political landscape better than our team. Working with closely with our clients,we will draft media advisories and news releases,develop talking points and scripts and train key spokespeople as directed.With our extensive political experience,we can assist your team at strategically addressing the needs and issues that most directly affect your audience.When necessary,we can provide additional insight for an agency by conducting internal and external ascertainments, employee surveys, or key stakeholder interviews to take the temperature of your community. 701 e chapman ave. orange,,ca 42866 i www.communicationsiabcom Q Communications A B discover your voice Communications LAB is staffed with professional writers and former reporters who understand how to effectively communicate key messages to a variety of audiences. We adhere to AP Style and institute agency-wide quality control rules to ensure a client's project is extensively reviewed and properly edited. Crisis Communications Support We understand that it is not our job to set policy, but to appropriately communicate a client's position, clearly and consistently.As an advocate,this role is never more important than when there is a crisis.As a resource or as an extension of staff, our team has the experience to handle a wide variety of issue with a steady hand to protect your reputation. Our team also has experience in developing op-ed articles for board members or community stakeholders to consider for submission.These can often prove to be a great benefit,showing strong support for the client in moments of great difficulty and reminding community members that there is always another side to the story. Communications LAB can coordinate media briefings and provide crisis communications assistance with the media.Our team has experience crisis when it hits and before—building communications plans for clients to follow well before a problem ever arises. In the moment, our media relation skills will be important to help a client frame issues well in the media since the initial stories will be the referral articles used by reporters on a go forward basis. Electronic/Print design and layout Communications LAB has web design specialists and social media experts on staff.We understand how to leverage Facebook,Twitter, E-Newsletters and other online communications resources to reach Laguna Niguel residents and businesses.We also have experts on staff who develop and manage e- newsletters through the Constant Contact program. Our team works in concert with its clients to update and manage the graphic design and electronic outreach component of any project.We can create and produce banners, posters and signage needed for any potential public hearings, community coffees or open houses. Our subconsultant, Bieber Communications,is a recognized expert in direct mail and print communications.His on-demand print expertise will be invaluable when its time to inform the key stakeholders that public meetings and community open house activities are taking place. Graphic Design & Illustration Communications LAB's Graphic Designer will produce all project-related collateral material for our client's projects including project banners,posters with timelines and maps, Frequently Asked Questions (FAQ) and Fact Sheets,email templates. Our team is dedicated to acting as an extension of your team to bring your vision to life. Public Affairs & Policy Support Communications LAB team members are former journalists and public affairs professionals with decades of experience.We understand the media and can provide counsel in a wide variety of community affairs issues and message management. Our extensive government relations will extend our relational reach throughout our engagement period.You will not find an agency that knows the political landscape better than our team. Working with closely with our clients,we will draft media advisories and news releases, develop talking points and scripts and train key spokespeople as directed.With our extensive political experience,we can assist your team at strategically addressing the needs and issues that most directly affect your audience.When necessary,we can provide additional insight for an agency by conducting internal and external ascertainments, employee surveys, or key stakeholder interviews to take the temperature of your community. 701 e chapman ave.orange,ca 92866 www.communicationslab.com CommunicafionsLAB discover your voice Impact Evaluation & Measurement of Projects, Programs and Initiatives We will maintain quality across all tasks and deliverables. Each team member is fully accountable for their work, and our formal quality control system ensures the continued integrity of all of our services and deliverables. In addition,we take great pride in carefully tracking individual campaigns and providing metrics to our clients that underscore the ROL Working with the client, evaluation tools and measurements will be defined before any outreach program is launched.Throughout a campaign and at its conclusion,Communications LAB will provide a detailed report and evaluation. In addition,we will maintain agency records for archival purposes and track any and all public feedback. Media Planning & Buying Media relations is one of the many strengths of the Communications LAB team.Our relationships with Los Angeles, Orange County and Inland Empire media, both print, radio and television.As the agency of record for several large agencies,we have been called upon to handle traditional media channels and Hispanic media,a growing competency for Communications LAB. Our reach stretches as far as the desert communities of Palm Spring and northward to Ventura and Santa Barbara.Communications LAB has the experience and expertise to develop media alerts, news releases and manage media events such as groundbreakings or dedication ceremonies. Furthermore, our team has been responsible for millions of dollars of ad placement on behalf of large public agencies and private industry clients. Building on careful audience research and client marketing goals,we are experienced at crafting target, multi-channel marketing programs and negotiating cost- effective placement on a client's behalf.Our relationships with leading print, outdoor, digital and radio give our client's access to unique programming opportunities that reach the right audience at the right time. Photography Creating a library of good,solid photography and video play an important role in an agency's ability to communicate key messages to their audience in a creative, digestible manner.Communications LAB has experienced photographers and videographers on staff who can photograph and record for many purposes. We also have photo processing software for our skilled on-staff graphic designers to use. For extremely sophisticated needs,such as staged photography and video production,we have access to nationally recognized experts in both fields,should the need arise.Whether the need is public meeting documentation, project illustration or,event archive,we can provide the services necessary to add value to any communications program. Publications As a respected vendor for a wide array of public agencies, Communications LAB is a trusted source for creating, producing, and distributing publications.Our talented team has extensive skill in managing projects from soup-to-nuts. Under the direction and guidance of a dedicated Project Manager, design and development are shepherded to completion with client input.Our team boasts a talented bench of design, editorial, copywriting and production professionals.Communications LAB has experience in creating all types of collateral material pieces including fact sheets, FAQ,webpages, newsletters,'' presentations,fliers, direct mailers,social media posts and other such documents.We are committed to clearly describing the benefits and impacts of infrastructure projects or agency initiatives so that the stakeholders can provide an informed opinion to decision-makers. Social Media Management& Strategies Communications LAB has the in-house staff,resources and expertise to develop branded e-newsletters,direct mail brochures,websites and webpages. We are equally comfortable working with legacy systems or creating new and exciting website and social media platforms to keep your audience updated on the status of any project or initiative.Communications LAB will assign staff to manage and update these electronic outreach tools under the supervision and approval of your team.Working together,we develop detailed online editorial calendars to prepare the distribution of information well in advance.These calendars,and the online tools we employ to work with our clients allow us to implement online marketing strategies that are 701 e chapman ave.orange,ca:92866 www.communicatonsiab.com �p CommunicafionsLAB discover your voice consistent and timely.We are also well versed in online ad buying and post-boosting that help our client's build an audience. We will employ content marketing in the form of engaging social media promotions, graphics, and interactive apps.A varied mix of posts will keep audiences engaged and showcase our client's value proposition.These may include testimonials, news, marketing, promotions, education and feel-good stories for the communities you serve. Special Events Management Special events are a cornerstone of Communications LAB services. Whether a client requires additional staffing or complete event management,we can offer a comprehensive solution.Communications LAB specializes in hosting special events such as groundbreakings, press briefings and dedication ceremonies.These events can also serve as positive press opportunities and, as appropriate,we can manage and assist with the execution of project tours as well. As an extension of staff,we are often called upon to man booths at community events and present knowledgeable surrogates for your agency. In addition,we also manage large-scale,formal events such as galas and fundraisers.We provide planning services and vendor management as well as guest management and onsite staffing. We can bring the full strength of our team to brand these activities, distribute materials,seek sponsors and prove video support and stage production. Translation Services: Spanish As a trusted vendor for several of Southern California's largest public agencies, Communications LAB is proud to offer translation services for Hispanic communities.The agency has several staff members who are native Spanish-speakers and can provide outreach services to this burgeoning community. In addition, Communications LAB is pleased to offer the services of our team members who are certified, legal translators in written,Spanish-language communications. Video Production Services Communications LAB is one of the few community outreach firms in Orange County that has in-house video production services. Comm LAB has both expert personnel with more than two decades of video production experience as well as state-of-the-art equipment including a Phantom IV drone that shoots 4K video, a Sony A and a Panasonic DVX200. Comm LAB also has lighting, sound equipment, TelePrompTer and other high-quality professional equipment for both studio and field video production work. Embedded Staffing Communications LAB has the ability,when called upon, to provide embedded staff to supplement the administrative and professional capabilities of our clients on site. Grant Writing When called upon, Communications LAB is happy to provide grant writing services for clients seeking additional funding support from private, public and federal funding sources.Our capabilities include identifying opportunities, copy writing and graphic design,interview preparation and submission tracking. 701 e chapman ave.orange, ca 42866 www.communicationslab.com o, 4 CommunicafionsLAB discover your voice consistent and timely.We are also well versed in online ad buying and post-boosting that help our client's build an audience. We will employ content marketing in the form of engaging social media promotions,graphics, and interactive apps.A varied mix of posts will keep audiences engaged and showcase our client's value proposition.These may include testimonials, news,marketing, promotions, education and feel-good stories for the communities you serve. Special Events Management Special events are a cornerstone of Communications LAB services.Whether a client requires additional staffing or complete event_management,we can offer a comprehensive solution.Communications LAB specializes in hosting special events such as groundbreakings, press briefings and dedication ceremonies.These events can also serve as positive press opportunities and,as appropriate,we can manage and assist with the execution of project tours as well. As an extension of staff,we are often called upon to man booths at community events and present knowledgeable surrogates for your agency. In addition,we also manage large-scale,formal events such as galas and fundraisers.We provide planning services and vendor management as well as guest management and onsite staffing.We can bring the full strength of our team to brand these activities, distribute materials,seek sponsors and prove video support and stage production. Translation Services: Spanish As a trusted vendor for several of Southern California's largest public agencies,Communications LAB is proud to offer translation services for Hispanic communities.The agency has several staff members who are native Spanish-speakers and can provide outreach services to this burgeoning community. In addition, Communications LAB is pleased to offer the services of our team members who are certified, legal translators in written,Spanish-language communications. Video Production Services Communications LAB is one of the few community outreach firms in Orange County that has in-house video production services. Comm LAB has both expert personnel with more than two decades of video production experience as well as state-of-the-art equipment including a Phantom IV drone that shoots 4K video,a Sony A7 and a Panasonic DVX200. Comm LAB also has lighting,sound equipment, TelePrompTer and other high-quality professional equipment for both studio and field video production work. Embedded Staffing Communications LAB has the ability,when called upon,to provide embedded staff to supplement the administrative and professional capabilities of our clients on site. Grant Writing When called upon, Communications LAB is happy to provide grant writing services for clients seeking additional funding support from private, public and federal funding sources.Our capabilities include identifying opportunities,copy writing and graphic design,interview preparation and submission tracking. 701 e chapman ave. orange,ca 92866 www.communicationslab.com PROFESSIONAL AND SERVICES SERVICE: Public Affairs Specialist SERVICE DESCRIPTION: VENDOR: Communications LAB (Barrios & Associates, LLC) OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Public Works Specialist 2. P10 3. PIO/Assistant to the City Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VENDOR NAME Miini1mum'Q6a1f6ati6ns v RI y Ir MO Total Weighted Maximum Criteria Score Score Compliance with RFP 130 Technical Approach 300 Qualifications 350 Clarity 130 Local Vendor Preference Cost 325 References and Background 65 Total .14 1300 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 of 3 VENDQR,NAflRE,� �`Summaary ofReu�ew �; ' • Diverse team that represent all the skillsets that the P10 would need to successfully convey information to the broader public. VENDOR NAME Pncing�' }���` € �4 • Pricing is competitive with most other vendors, if not slightly better. We will be receiving good value for the cost. PROFESSIONAL AND SERVICES SERVICE: Public Affairs Specialist SERVICE DESCRIPTION: The specialist will develop content for the City's media platforms, which may include print, website, social media, and community cable television. The specialist will use multi-media to build a unique brand for the City; effectively communicate the City's core messaging to the broader community; widen its reach among all demographic groups; and enhance its credibility as a trusted source of information. VENDOR: FSB/Badfish Media OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Public Works Specialist 2. P10 3. PIO/Assistant to the City Manager I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: VENDOR NAME Mmimum!Qualification§1A sp lr b. r M` fit, 211? Total Weighted Maximum Criteria Score Score Compliance with RFP 120 Technical Approach 375 Qualifications 350 Clarity 140 Local Vendor Preference Cost 275 References and Background 65 Total Ij� 4 ���. aE� t�. � II. DUE DILIGENCE REVIEW • Interview Ranking: 2 of 3 VENDOR NAME ,Summary,of'Reu�ew _��;; • Proven team that can handle unique projects and offers high quality visuals and copy that we need to supplement the team's abilities. �UENDOR'NAME��Pricmg �t` irC � �;k`' '� • Pricing is competitive with most other vendors. CITY OF HUNTINGTON BEACH s Inter-Office Memo TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: TRAVIS HOPKINS. ASSISTANT CITY MANAGER DATE: November 2, 2020 SUBJECT: SUPPLIMENTAL COMMUNICATION REGARDING AGENDA ITEM 16 (20-1989) - Approve and authorize the Mayor and City Clerk to execute Professional Service Contracts with FSB Public Affairs and Barrios &Associates, LLC, for On-Call Public Affairs Services Based on recent developments Staff is withdrawing Agenda Item 16 (20-1989) and will re- agendaize for City Council consideration at a future date. SUPPLEMENTAL COMMUNICATION MeWMg Date. //L�_2 a2y :agenda Item No..* Ill ND_M8Gl