m. Date: To: From: By: Subject: II.!I. May 5, 2015 STAFF REPORT Steven A. Preston, FAICP, City Manager Community Development Department Armine Chap aryan, Community Development Director itt. Monika Koos, Economic Development Consultant J)$- Professional Services Agreement with Allegra Consulting, Inc. for On-Call Marketing Services SUMMARY The services of a qualified marketing consultant are needed to continue the momentum of the San Gabriel "We Thrive" marketing campaign and other citywide marketing initiatives. Staff recommends that the City Council enter into a Professional Services Agreement with Allegra Consulting Inc., to provide on-call design and marketing and promotions services that include the creation of various collateral materials for several City departments. I. BACKGROUND In 2013, an extensive procurement process was held to select a suitable marketing firm that had a keen understanding of the San Gabriel community and a strong vision for furthering the City's economic development efforts. Allegra Consulting Inc. (Allegra) was selected to provide the requested services due to their extensive experience, quality, and creativity of their products and semces. Staff has been very pleased with Allegra's work product. Allegra's design skills and attention to detail have garnered the company numerous industry accolades and awards. Given the time Allegra has invested in understanding how best to market San Gabriel, staff is recommending that the City continue to use Allegra for its ongoing design services and creation of marketing and promotional materials. The proposed Professional Services Agreement is for a three (3) year term with a biennial consultant performance appraisal. Services would not be limited to economic development efforts but would also extend to other departments such as Community Services, Finance, and Administration. The services Allegra is available to provide include, but are not limited to, graphic design, signagemarketing, public relations, video and photography, social media outreach, branding, and printing.
STAFF REPORT- Professional Services Agreement -Allegra May 5, 2015 Page 2 o(3 Their current assignments with San Gabriel are: the ''We Thrive" marketing campaign; the Business Friendly Action Plan 2; development of a new economic development website; creation of the City's strategic plan brochure; promotional posters; and fliers for the International Council of Shopping Center (ICSC) conference. Having a marketing ftrm available on an on-call basis will facilitate the mobilization of their services as the need arises for the City. II. ENVIRONMENTAL REVIEW The Agreement for Professional Services does not constitute a "project" as defined in the California Environmental Quality Act (CEQA). III. FISCAL IMPACTS Allegra's services are billed on a time-and-materials basis. Allegra Consulting, Inc.'s services will only be used by different departments where the department has an approved account that can pay for the costs. Purchase Orders will also be issued accordingly by Finance to each department to ensure that any expenditure remains within budgeted amounts. IV. RECOMMENDATIONS Staff recommends that the City Council: Approve an on-call Agreement for Professional Services with Allegra Consulting, Inc. for a three (3) year term and a biennial Consultant Performance Appraisal. Attachments: 1. Professional Services Agreement 2. Exhibit A: Scope of Work 3. Exhibit B: Fee Schedule 4. Exhibit C: Equal Opportunity Compliance Form
PROFESSIONAL SERVICES AGREEMENT BE1WEEN THE CITY OF SAN GABRIEL AND ALLEGRA CONSULTING INC. FOR ON-CALL MARKETING SERVICES Tbis Agreement, made and entered into this 5th day of May, 2015, by and between the City of San Gabriel, a municipal corporation of the State of California ("CI1Y'') and Allegra Consulting, Inc., a Nevada corporation ("CONTRACTOR"). Recitals: WITNESSETH 1. Authority of City to Enter Agreement - Tbis Contract is entered into under the authority of Section 53060 of the California Government Code which permits the legislative body of any public or municipal corporation to contract with and employ any person for the furnishing to the corporation of special services such person is specially trained and experienced and competent to perform the special services required. 2. CONTRACTOR represents that it is experienced in providing services requested and has submitted a work program to work under the general direction of the City of San Gabriel. Said scope of work is attached hereto as "Exhibit A" and is incorporated herein by this reference. I. CONTRACTOR'S OBUGATIONS A. CONTRACTOR agrees to provide all services necessary for the CI1Y as described in Exhibit "A", and incorporated herein by this reference. Specific assignments within the scope of work will be authorized in advance by the Director of Community Development. B. CONTRACTOR agrees to comply fully with all applicable Federal, State and local laws and regulations as they pertain to the performance of this Agreement. II. INDEPENDENT CONTRACTOR RELATIONSHIP The parties intend that CONTRACTOR shall perform the services required by this agreement as an independent contractor engaged by the CI1Y and not as an officer or employee of the CI1Y nor as a partner of or joint venturer with the CI1Y. No employee or agent of Contractor shall be or shall be deemed to be an employee or agent of the CI1Y. CONTRACTOR shall be solely responsible for the acts and omissions of its officers, employees, subcontractors or agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to CI1Y employees by virtue of their employment with the CI1Y.
Page2 III. CITY'S OBliGATIONS CI1Y shall promptly pay CONTRACTOR as provided for under Section V, METHOD OF PAYMENT. IV. TERM OF SERVICES Tills Agreement shall commence on May 5, 2015 for a three (3) year term, subject to renewal, by mutual written consent of both parties, on the basis of a comprehensive performance evaluation to be performed at least biennially. The CI1Y will conduct such evaluation to determine if the CONSULTANT has met the goals of the program as the basis for contract extension and determine if it is in the best interest of the CI1Y to extend the contract. V. METHOD OF PAYMENT CI1Y shall pay CONTRACTOR for services rendered under this Agreement on a time and materials basis, as set forth in the Scope of Services, attached as Attachment A hereto. The hourly rates, attached as Attachment B, include salary, fringe benefits, overhead and profit. CI1Y shall compensate CONTRACTOR for performance of this Agreement upon receipt of a detailed invoice. Invoice shall include a description of each project and the total number of hours, by employee, for whom services are being charged. VI. TERMINATION A. Termination of Agreement for Cause - If, through any cause, the CONTRACTOR shall fail to fulfill, in a timely and proper manner, his obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Agreement, the CI1Y shall thereupon have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination and by specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONTRACTOR under this Agreement shall, at the option of the CI1Y, become its property and the CONTRACTOR shall be entitled to receive actual cost for any work satisfactorily completed hereunder. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the CI1Y for damages sustained by the CI1Y by virtue of any breach of the Agreement by the CONTRACTOR, and the CI1Y may withhold any payments to the CONTRACTOR for the purpose of off-set until such time as the exact amount of damages due the CI1Y from the CONTRACTOR is determined. B. Termination for Convenience of the City - The CI1Y may terminate this Agreement at any time by giving at least thirty (30) days' notice in writing to the CONTRACTOR. If the Agreement is terminated by the CI1Y as provided herein, the CONTRACTOR will be paid for the salary, overhead costs and expenses incurred up to the termination date. If this Agreement is terminated due to the fault of the CONTRACTOR, then Paragraph VI, Section A, hereto relative to termination shall apply.
Page} VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: TO CONTRACTOR: City of San Gabriel P. 0. Box 130 San Gabriel, California 91178-0130 Attention: Community Development Director Allegra Consulting, Inc. 20 East Colorado Blvd., Suite 202 Pasadena, CA 91105 Attention: Suzanne Madison VIII. AUTHORIZED CONTACTS A. The contact for CONTRACTOR authorized to execute action and respond to inquiries on behalf of CONTRACTOR shall be Suzanne Madison, unless otherwise changed. B. The sole contact for CITY authorized to execute actions and to respond to inquiries on behalf of CITY, or to obligate CITY to any action, or to interpret any portion of the Scope of Services (Exhibit "A") or this Agreement shall be the Community Development Director, or the City Manager in her absence. IX. ASSIGNABILI1Y CONTRACTOR shall not in any way assign or transfer any interest in this Agreement without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONTRACTOR for CITY under this Agreement may be assigned to a bank, trust company or other financial institution or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to CITY. X. HOLD HARMLESS A. CONTRACTOR shall indemnify and hold harmless CITY, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and hold harmless CITY, its officers and employees, from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, Worker's Compensation claims, resulting from or arising out of the negligent acts of CONTRACTOR, its employees and/ or subcontractors. B. CONTRACTOR shall indemnify and hold harmless CITY, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and hold harmless CITY its officers and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional misconduct or
Page4 malicious acts of CONTRACTOR, its employees and/ or subcontractors. XI. LEGAL AND INSURANCE REQUIREMENTS A. The CONTRACTOR will not assign, transfer, convey or otherwise dispose of its contract or rights, title or interest in or to the same, without prior written consent of the CITY. B. At the time of execution of the contract, the CONTRACTOR will be required to carry the following insurance: 1) Commercial General liability/umbrella Insurance: The CONTRACTOR shall obtain, at its sole cost prior to exercising any right of performing any obligation, a policy or policies of general liability insurance, or certificate of such insurance, satisfactory to the City Attorney, which provides coverage not less than that provided against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations. Insurance shall provide coverage for both bodily injury and property damage. Total limits shall be not less than one million dollars ($1,000,000) per occurrence for all coverage and two million dollars ($2,000,000) general aggregate. Said general liability policy and certificate thereof shall name the City of San Gabriel and its policy shall be primary to any insurance carried by the CITY. 2) Workers' Compensation: The CONTRACTOR shall furnish the CITY with an insurance certificate from its Workers' Compensation insurance carrier, certifying that it carried such insurance in accordance with the requirements of state law, and the policy shall not be cancelled nor the coverage reduced during the term of the contract. 3) Business Auto/Umbrella liability Insurance: Primary coverage shall be written on ISO Business Auto Coverage from CA 00 01 06 92 including symbol1 (Any Auto). limits shall be no less than one million dollars ($1,000,000) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General liability policy described above is acceptable. 4) Employer's liability insurance of at least $500,000. C. Any deductibles or self-insurance retention must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductible or self-insurance retention as respects the city, its officers, employees and volunteers; or the CONTRACTOR shall procure a bond guaranteeing payment oflosses and related investigations, claims administration and defense expenses. D. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1) The CITY, its officers, officials, employees, agents and volunteers are to be covered as insured as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. 2) For any claims related to the services requested, the contractor's insurance coverage shall be primary insurance as respects the city, its officers, officials, employees, agents and
volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Page5 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the city, its officers, officials, employees, agents or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this Section shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days' notice thereof has been given in writing to the CITY. CONTRACTOR shall give the CITY prompt and timely notice of any claim made or suit instituted. E. Insurance is to be placed with insurers with a current AM Best's rating of no less than A: VII, unless otherwise acceptable to the CI1Y. F. CONTRACTOR shall provide the CI1Y complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications. XII. CITY OWNERSHIP OF WORK PRODUCT MATERIALS The CITY shall be the owner of the materials produced by the CONTRACTOR under the Scope of Work (Exhibit "A"). XIII. USE OF MATERIALS AND CONFIDENTIAL INFORMATION CI1Y shall make available to CONTRACTOR such materials from its files as may be required by CONTRACTOR to perform services under this Agreement. Such materials shall remain the property of the CI1Y while in the CONTRACTOR'S possession. Upon termination of this Agreement or completion of work under this Agreement, CONTRACTOR shall return to CITY any property of CI1Y in its possession and any calculations, notes, reports, electronic files, or other material prepared by CONTRACTOR or otherwise obtained by CONTRACT in the course of performance of this Agreement. CONTRACTOR further agrees that it will not disclose, or utilize information obtained in confidence from businesses and organizations in San Gabriel, except as necessary to provide the services in this Agreement. Any such confidential information obtained during provision of services by CONTRACTOR shall be delivered to CITY for appropriate retention or destruction. XIV. COMPLIANCE WITH LOCAL LAWS The CONTRACTOR shall comply with all applicable laws, ordinances and codes of the state and local governments.
Page6 XV. INTEREST OF CONTRACTOR AND EMPLOYEES The CONTRACTOR covenants that he presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONTRACTOR further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. XVI. EXCLUSIVITY AND AMENDMENT OF AGREEMENT 1bis Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONTRACTOR by CITY and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. The scope of services (Exhibit A) can be modified, with consent of both parties, as needed during the term of the agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by CITY and CONTRACTOR. XVII. LAWS GOVERNING THIS AGREEMENT 1bis Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. XVIII. VALIDITY The invalidity, in whole or in part, of any provision of this Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
Page 7 CITY OF SAN GABRIEL, a Municipal Corporation State of California ALLEGRA CONSULTING INC. a Nevada Corporation Steven Preston, City Manager Suzanne Madison, Vice President ATTEST: APPROVED AS TO FORM: Eleanor K. Andrews, City Clerk Robert L. Kress, City Attorney Exhibit A: Exhibit B: Exhibit C: Scope of Services Compensation/Fee Schedule EEOC Form
Page8 EXHIBIT A SCOPE OF WORK General Marketing and Creative Design Work Product Branding Summary of Services As needed overall identity and master branding and strategy. As needed positioning, naming and key messaging statements. Background research when necessary to support strategy recommendations. Video and Photography Graphic Design Printing Public Relations Signage - Marketing Website Design and Programming Creation of digital photos and motion video (as needed), to support various projects and or programs. Photography to include items such as interior and exterior architectural elements, City features, open space, events and other as needed photography. Develop marketing tools and media assets to effectively market the City and its projects and or programs as needed. Deliverables would include various items such as logos, websites, brochures, advertisements, displays, signage, fliers, annual reports and promotional materials and elements. As needed printing and production of various marketing collateral materials. Items could include business cards, stationary, brochures, handouts, promotions items, posters and displays. Public relations services to support the community outreach efforts, including event strategy, social media design, social media implementation and social media management. Semi-permanent signage services in support of marketing campaigns/programs. Semi-permanent signage would include window graphics, plex-displays, way finding signage, street pole banners, over the street banners, event and trade show exhibits and other temporary signage on an as needed basis. Website design and programming to support marketing activities. Full site design and or updates as needed.
Page9 EXHIBITB FEE SCHEDULE The Hourly Rates for each Allegra Consulting, Inc. Team Member are as follows: Project Manager Project Assistant Manager Copy Writing/Editing Social Media Coordinator Creative Design Director Senior Graphic Designer Graphic Design Associate Web Programmer/Developer Illustration and Photo Retouching Professional Photographer* (*or a day rate established) $110.00 $65.00 $75.00 $65.00 $95.00 $85.00 $65.00 $85.00 $125.00 $95.00 Quality Control/ Assurance Coordinator $85.00 Language Translations - Outsourced to Global Language Solutions, Irvine, California Chinese is $0.30/word, Spanish is $0.24 and Vietnamese is $0.38. Courier Services- Federal Express/ Action Messenger- TBD
Page 10 EXHIBITC EQUAL OPPORTUNI1Y COMPLIANCE PROGRAM EQUAL SERVICE CERTIFICATION Allegra Consulting, Inc., by its Principal or its duly authorized representative's signature affixed hereto, certifies and agrees to comply with the following Federal provisions: a. Executive Order 11246 requires that during the performance of this Contract, the Firm agrees not to discriminate against any employee or applicant for employment for race, religion, sex, color or national origin. The Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Firm setting forth the provisions of this nondiscrimination clause. b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. c. Under Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing and Community Development Act of 1974, no person shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. DATE Suzanne Madison Allegra Consulting, Inc.