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CONTRACT 3454 Professional Services Agreement CLOSED345 4. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND SHANNON DAVID, INC. This AGREEMENT is entered into this 25th day of April, 2005, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and SHANNON DAVID INC., a California Corporation, ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed one hundred twenty five thousand dollars ($125,000) for CONSULTANT'S services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. Page 1 of 10 3454. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORK. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. Payments over $2,000 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Page 2 of 10 4 55 4 Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. The term of this Agreement will be for one (1) year. This Agreement will automatically renew, on an annual basis, on its anniversary date unless otherwise terminated. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A"; B. Termination as stated in Section 15. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibit A ; this Agreement supersedes any conflicting provisions. Any inconsistency between Exhibit A will be resolved in the order in which the Exhibits appear below: A. Exhibit "A ": Scope of Services and Consideration 11. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 3 of 10 3455 4. 13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. CITY may terminate without cause upon 30 days written notice to CONSULTANT. B. CONSULTANT may terminate this Agreement at any time upon thirty (30 days written notice. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, upon receipt of final payment, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of Page 4 of 10 34x4 CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. iii. Intellectual Property Infringement. Notwithstanding any provision to the contrary, CONSULTANT will, at its own expense, indemnify and defend CITY against any claim that CONSULTANT's services or work product furnished under this Agreement infringes a patent or copyright in the United States or Puerto Rico. In such event, CONSULTANT will pay all costs damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, CITY must (a) give CONSULTANT prompt written notice of any such claim; and (b) allow CONSULTANT to control, and fully cooperate with CONSULTANT in the defense and all related settlement negotiations. CITY agrees that if the use of Page 5of10 3 4 .5, 4 . CONSULTANT's services or work product becomes, or CONSULTANT believes is likely to become, the subject of such an intellectual property claim, CITY will permit CONSULTANT, at its option and expense, either to secure the right for CITY to continue using CONSULTANT's services and work product or to replace it with comparable services and work product. B. For purposes of this section "CITY" includes CITY's elected and appointed officials, officers, employees, and volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits Page 6 of 10 set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits $1,000,000 Waived Waived Statutory requirement `4 4 B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO -CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 15. Page 7 of 10 23. USE OF SUBCONTRACTORS. CONSULTANT approval to use consultants while performing any portion consultants and the terms of compensation must be included. 4 ,:r must obtain CITY's prior written of this Agreement. The proposed 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: If to CONSULTANT: Shannon David, Inc. 119 Loma Vista, Suite 6 El Segundo, CA 90245 Attention: Shannon David Earle If to CITY: City of El Segundo — Library & Cable Services 111 West Mariposa Avenue El Segundo, CA 90245 Attention: Debra Brighton, Director Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. Page 8 of 10 41 a, Cn 30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, Page 9 of 10 �5 -4 . � ' L personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. ATTEST: CO&Cbma" , &h.) Cindy M61tesen, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Lo Karl H. Berger, Assistant City A Shannon vid Earle vid, Inc. Taxpayer I.D. No.20- 2542798 Page 10 of 10 344 Exhibit "A" Scope of Services and Consideration General Scope: 1.00 -- SPECIFICATIONS 1.01 - Objectives The primary objective of the campaign is to establish and grow the "El Segundo Business" brand that will become organic and part of the city culture, attracting new business tenants to the city for many years, regardless of the year -to -year advertising budget. Developing that brand is a long -term, primary solution to the challenges faced by El Segundo. The secondary objective is to produce an immediate increase in relocation inquiries from desirable corporations throughout the Los Angeles Metro area — more leads, higher caliber leads, a higher occupancy rate by a diverse range of businesses. The tertiary objective is to increase general awareness of El Segundo's many business and lifestyle benefits throughout the Southern California business community. 02 - Targets There are three target groups for this campaign: A. Decision makers at High- tech /R &D and light manufacturing, retail /hospitality, business, professional and creative services, and multi -media businesses. B.. Commercial /industrial real estate executives and brokers. C. The Southern California media, especially business media. 4 r ") f 4 1.03 - Challenges Based on our research regarding the El Segundo business community and the current vacancy rate, we have determined that the city faces the following challenges that can be addressed by our approach to this campaign: A. The city lacks a strong, widely known /understood brand. Previous advertising campaigns failed to address the need to develop a "brand" for El Segundo —a simple, emotionally appealing idea that tells the audience what the city stands for and what they can expect there. Strong brands are the capital of modern business, and El Segundo's lack of a well- recognized and fully understood brand is one of the elements that has contributed to its unjustified low profile in the Southern California business community. Through this campaign, we will develop a memorable, advantageous, appealing brand for El Segundo. B. The city lacks "mindshare" in the business community. Partially due to the lack of a brand, El Segundo is not among the first areas thought of when people think of business - friendly, prosperous regions. The Westside, Burbank, Downtown, The Irvine Spectrum and the Wilshire Corridor have a higher profile for relocating business. Our goal is to increase awareness and mindshare for El Segundo. C. The city lacks a strong, compelling online tool for business prospects. The current El Segundo business Website does not reflect a strong city brand, nor does it have the many online tools that would allow business prospects to download information, make key contacts, research business case histories, view testimonials, and more. 1.04 - Strengths As evidenced by the presence of major corporate tenants like Chevron, Mattel, Raytheon, Northrup Grumman and Xerox, El Segundo offers businesses many benefits – benefits that should and must be an integral part of the campaign. Our approach will leverage these strengths to enhance the perceptions of the business community. Those strengths include: A. Low tax rate & small government. According to commercial real estate broker Jason Warner, a vice president at Trammel Crow Company, El Segundo offers municipality incentives far more competitive than the cities of New York, San Francisco, and Los Angeles. This ability to provide competitive financially incentives for businesses is the most important factors to prospective business tenants looking to relocate. B. Great location. The city is located very close to LAX and the 405, and is a short drive from the business centers of the Westside and Downtown. C. Small town atmosphere. El Segundo's charming downtown and sense of "being worlds apart from Los Angeles" are very appealing to companies seeking a good place for their employees to relocate, as well as an inviting environment for building ties with surrounding businesses and the community. D. Business - friendly city government. El Segundo civic leaders work to create an environment that is attractive to businesses, including financial incentives, fair and moderate regulation that provides easy access to government. 1.05 - Our Strategy Shannon David will approach the City of El Segundo business branding campaign from a strategic point of view, with a single vision that drives all spending and media. In a single phrase, our strategy is: Employ multiple, integrated channels to build a powerful El Segundo brand that will change perceptions about the city within the business community. Specifically, this strategy has 4 major components: A. Develop and promote a single, memorable idea. We will build the City of El Segundo brand around one simple, memorable, compelling idea to be represented by a phrase, a tagline that will be used on all branding materials and media. This brand statement will be the core of all work. B. Use the Web as a communications hub and promotion vehicle. We will leverage the fact that nearly 90% of Southern California businesses have a high -speed Internet connection by driving all interest to the El Segundo business Website. The site will become the business hub for the city, where all information exchange, lead capture and communication originate. 3454. 4 c C. Focus on commercial real estate brokers as "gatekeepers." Since businesses frequently turn to real estate professionals for recommendations about where to locate their companies, we will develop tools that focus on capturing the awareness of and gaining the loyalty of commercial real estate brokers. We will inform these "gatekeepers" about El Segundo and give them tools to more easily communicate the city's benefits to their clients. D. Leverage current tenant testimonials -We feel it is critically important to generate credibility and notoriety by leveraging positive, "real -life" experiences of such current city tenants to promote and inform prospects why they should choose El Segundo. E. Finally, our driving philosophy behind this campaign is "Keep It Simple." Our goal will be to develop a comprehensive campaign that is easy to implement, track and maintain, spends money wisely, and when possible, delivers measurable results. 1.06 - The City of El Segundo Brand for Business The brand message we have developed reflects a few powerful ideas: A. El Segundo is overshadowed by LAX and other South Bay cities. B. It is equally overshadowed by the more well -known L.A. business districts. C. It offers a wonderful small town quality of life that provides a unique feel to Southern California. D. It is home to some of the best corporate brands in the nation. Based on these ideas, we have developed a brand message based on the phrase "Best Kept Secret." Below are our current options for a possible phrase: Southern California's Best Kept Secret. SoCal's Best Kept Secret. L.A.'s Best Kept Secret. Whichever phrase is chosen, it will be used on all materials in coordination with the City of El Segundo business logo. All communication, creative work and branding will be driven by this idea that El Segundo is the best kept secret in the Southern California business community. 4 ._ 4 . �4 07 - Tactics As stated earlier, one of our goals is to keep this campaign simple and easy to implement. To that end, we propose only 4 types of brand marketing tactics to be used to reach the city's goals. Keeping this campaign fairly "stripped down" will keep costs under control and prevent waste, allow us to be more responsive to feedback and changing market conditions, and move work through the city's approval process more easily. We have chosen the following tactics: A. New El Segundo Business "Brochure- ware" Website. We propose developing a completely new and separate business Website for the city as the heart of this campaign. The new site would reflect the El Segundo brand and would offer businesses a complete range of interactive tools that would allow them to gather information about the city business environment, send inquiries, communicate with city officials, locate local resources, and provide their contact information. Features of the web site would include: 1. A max. of 25 HTML pages. 2. A brief overview on the location of El Segundo. 3. A brief overview on the history of El Segundo. 4. A brief overview on the statistics of El Segundo. 5. A brief overview on current major development projects in El Segundo. 6. Downloadable documents providing comprehensive business information. 7. Written testimonials from local business leaders currently located in El Segundo. 8. A sign -up for an El Segundo business e- newsletter. 9. A quarterly direct email newsletter. 10. Contact information 11. Statistical tracking and reporting. Features of the web site would NOT include: 1. Database back -end 2. Content Management System (CMS) 3. Original art — such as photography and /or custom illustration 4. Flash effects including sound and /or animation 4 Possible and currently available Web addresses for this site: 1. www.elsegundobusiness.com 2. www.elsegundoforbusiness.com 3. www.elsegundobiz.com 4. www.smalltownbigbusiness.com B. Advertising. We will develop an integrated advertising campaign designed to boost awareness of El Segundo, shift perceptions about the city, and drive traffic to the business Website. We will focus on two kinds of advertising: 1. Print advertising —We will develop a series (3 -6 ad layouts in total) of bold, powerful print advertisements that will convey substantial information to readers about the benefits of doing business in El Segundo. The ads will also serve as a "call -to- action" driving traffic to the El Segundo Business Web Site. These ads will run in the following publication: Los Angeles Business Journal: 3 -5 Insertions* ` Sizes, quantities, color, etc. will be determined at the time of negotiation and /or purchase per the final approved designs. 2. Outdoor advertising— Outdoor is high visibility and effective in building brand awareness. We will design a variety of outdoor ads —most likely for billboards in key commute corridors for corporate executives —that coordinate with the print advertising. The two will share the same design template, look and feel, copy style and call to action: to drive people to the business Website for more detailed information. 12'x 24' unit, 2 -3 units at 3 months per unit* 3. Direct response. Our direct response component will take 3 forms: a. Direct mail to commercial real estate brokers —We will design and launch a direct mail piece to be sent to major commercial real estate firms through the Los Angeles metro area, focusing on the South Bay. The focus of the piece will be to announce the city's new web site and build brand awareness. s �a b. Direct e-mail to an "opt in" list of interested parties — We will deliver monthly HTML and text a -mails to be sent to either real estate brokers or corporate contacts who indicate on the Website that they wish to be contacted with more information. This will allow us stay "connected" with brokers, prospective tenets and anyone else who would like to keep abreast of El Segundo Business. 4. Bi- annual or quarterly outreach* 5. Marketing Materials 6. Brokers PDF Brochure —This piece will make it easier for the city to control the type of information that flows from brokers to potential tenants, and will encourage brokers to provide said information. This will be a PDF that brokers can download and print on demand for inclusion in their offerings and proposals. 7. City Tri -Fold Brochure - A standalone one -page, tri -fold brochure that the city can distribute to promote the city to prospective businesses. 2.00 – RFP PROPOSAL SHEET I, Shannon Earle, have read and understand the attached specifications for the Business Recruitment Campaign. Further, if awarded contract, I agree to perform the work in accordance with the terms and conditions of the bid and enter into the City of El Segundo's Professional Services agreement as written. A. Bid Amounts: For Business Recruitment Campaign, as outlined in specifications: Total cost for "ALL" deliverables specified in this RFP: Not to Exceed $75,500 - 90,000 2. Cost Breakdown: a. Creative Services: Not to Exceed $45,500 b. Projected Media Buys & Other Costs *: Not to Exceed $30,000 - $44,500 344 * Sizes, quantities, color, etc. will be determined at the time of negotiation and /or purchase per the final approved designs. 3.00 — VENDOR QUESTIONNAIRE 3.01. Organization: Shannon David, Inc. is a full service graphic design firm. We specialize in Brand Development with experience of implementing brands in Print, Interactive, Environmental Graphics, Packaging & Advertising. Shannon Earle founded Shannon David, Inc. on January 1, 2000. Shannon David, Inc. is a home -based business that works with experienced freelance talent around the world via the internet. We are positioned to provide high -end creative services without large agency bureaucracy and fees. Our web site is currently being redesigned, but please feel free to visit our latest web site archived at: http:/ /www.shannondavid.com /v2.0 3.02. Professional References: A. Frances Vandal, Manager Raytheon 310- 647 -0125 B. Scott Reed, Owner Second City Bistro 310- 322 -6085 C. Todd Hooper, Vice President Trillium Lane Studios 206 - 390 -8614 D. Jeff Snyder, Vice President The ALS Association 818- 880 -9007 3.03. Quality Control Program: A. Our quality control program consists of intimate client interaction through the entire design process. We present our work with a series of presentations, from rough to final, that allows for our designs to be reviewed and approve by the client at each and every important step, very similar to an architect. Once the client has approved our designs, we work directly with the vendor /fabricator producing the final delivered product We require every vendor /fabricator to submit shop drawings, and mock- ups if necessary, before any fabrication can begin. Once fabrication has begun, we inspect the work at the vendor /fabricator location. 4 V • y We may also follow up with surprise inspections at anytime during the fabrication process. During installation, we may supervise the vendor /fabricator to insure the product is installed to our specifications. Once installation is complete we inspect the work and create a "punch list" of final items for the vendor /fabricator to correct. The vendor /fabricator is not paid "punch list" is complete to our and our clients satisfaction. 3.04. Contract Administrator & Emergency Contact: A. Shannon Earle, Principal 310- 779 -5295 15 Years of Experience 3.05. Subcontracting: A. Shannon David, Inc. has no plans to sub- contract any work for this contract. 3.06 Employees: A. None 3.07 Affiliations & Accreditations: A. "Business of the Year 2004" — El Segundo Chamber of Commerce B. Member — El Segundo Chamber of Commerce C. Member — Society of Environmental Graphic Design D. Member — American Institute of Graphic Arts 3.08. Certificate of Insurance: Shannon David, Inc. obtains professional liability insurance on a per - project basis. Shannon David, Inc., if awarded contract, will immediately obtain and maintain insurance for the duration of the project per the requirement set forth in the Professional Services Agreement. 4.00 -- TERMS & CONDITIONS 4.01. Payment terms of this contract shall be in the form of retainer scheduled per the following: 20% of Total ($18,000) or amount due upon commencement of contract. 4.02. Balance to be invoiced monthly upon completion & delivery of individual deliverables. A. A 4.03. SDI will submit a monthly invoice and statement outlining time accrued on the account in the form of weekly time sheets, including reimbursable expense reports. 4.04. In addition to the Basic Services, SDI shall be reimbursed for all out -of- pocket expenses incurred on client's behalf, for items such as graphic reproduction services, delivery charges, mileage, etc. Reimbursable expenses will be invoiced monthly at 1.20 times actual cost. 4.05. For Additional Services requested by client, or for time spent on revisions caused by changes to work previously approved, SDI shall be compensated on an hourly basis at $100 an hour. Banner Design: 1.00 -- SPECIFICATIONS 1.01 — Design: Design a minimum of three (3) initial designs for Caltrans and City review and approval with a final deliverable of two (2) actual sets of banners for light poles. Submitted designs must meet Caltrans requirement 501.513, Decorative Banners. The banners will be 80" H x 30" W and will be installed as either single or double banners per the final and approved Placement Plan. The designs will utilize a maximum of (4) colors (CMYK)with a minimum of two (2) colors (PMS) and be made of weather resistant material TO BE FABRICATED BY OTHERS. 1.02 — Location: The RFP states a requirement to install banners on each and every light pole through the Sepulveda Boulevard from Imperial to Rosecrans. Based on our experience, we feel this would be overkill and a waste of city funds. We highly recommend a staggered Placement Plan placing banners every 3 -5 light poles. Thus reducing the final banner count to roughly 25 -50 banners. See attached initial Placement Plan. 1.03 — Installation: Installation, including all necessary hardware (brackets), to be provided by fabricator per Caltrans requirements. Fabricator to also obtain necessary permits. Installer is Gold Graphics, an approved vendor by the City. 1.04 — Cost Estimates: A. Design Services Fees Not to $10500 Exceed: B. Fabrication & Installation Estimates $24500 Not to Exceed (by others) *: C. (i) Configuration A: 20 -25 D/S Double Banners (ii) Configuration B: 30 -35 D/S Double Banners (iii) Configuration C: 40 -45 D/S Double Banners "NOTE: Exact quantities will be dependent upon field survey results and photographic renderings that will help determine quantities and achieve the desired aesthetic effect. 2.00 — RFP PROPOSAL SHEET I, Shannon Earle, have read and understand the attached specifications for the Light Pole Banner Project Services. Further, if awarded contract, I agree to perform the work in accordance with the terms and conditions of the bid and enter into the City of El Segundo's Professional Services agreement as written. 2.01. Bid Amounts: For Light Pole Banner Project services, as outlined in specifications: A. Total projected costs for "ALL" products & services specified in this RFP Not to Exceed: $35,000 Cost Breakdown: Design Services Not to Exceed: $10,500 2. Fabrication & Installation Not to Exceed (by others): $24,500 3.00 — VENDOR QUESTIONNAIRE 3.01 Organization: Shannon David, Inc. is a full service graphic design firm. We specialize in Brand Development with experience of implementing brands in Print, Interactive, Environmental Graphics, Packaging & Advertising. Shannon Earle founded Shannon David, Inc. on January 1, 2000 and is the sole 34;.:)4. proprietor. Shannon David, Inc. is a home -based business that works with experienced freelance talent around the world via the internet. We are positioned to provide high -end creative services without large agency bureaucracy and fees. Our web site is currently being redesigned, but please feel free to visit our latest web site archived at: http: / /www.shannondavid.com /v2.0 3.02 Professional References: A. Frances Vandal, Manager Raytheon 310- 647 -0125 B. Scott Reed, Owner Second City Bistro 310 - 322 -6085 C. Todd Hooper, Vice President Trillium Lane Studios 206 - 390 -8614 D. Jeff Snyder, Vice President The ALS Association 818- 880 -9007 E. Mr. Jim Hansen City of El Segundo 3.03 Quality Control Program: Our quality control program consists of intimate client interaction through the entire design process. We present our work with a series of presentations, from rough to final, that allows for our designs to be reviewed and approve by the client at each and every important step, very similar to an architect. Once the client has approved our designs, we work directly with the vendor /fabricator producing the final delivered product. We require every vendor /fabricator to submit shop drawings, and mock- ups if necessary, before any fabrication can begin. Once fabrication has begun, we inspect the work at the vendor /fabricator location. We may also follow up with surprise inspections at anytime during the fabrication process. During installation, we may supervise the vendor /fabricator to insure the product is installed to our specifications. Once installation is complete we inspect the work and create a "punch list" of final items for the vendor /fabricator to correct. The vendor /fabricator is not paid "punch list" is complete to our and our clients satisfaction. v. 44 s id 3.04 Contract Administrator & Emergency Contact: A. Shannon Earle, Principal 310- 779 -5295 15 Years of Experience 3.05 Subcontracting: A. Shannon David, Inc. has no plans to sub - contract any work for this contract. 3.06 Employees: A. None 3.07 Affiliations & Accreditations: A. "Business of the Year 2004" — El Segundo Chamber of Commerce B. Member — El Segundo Chamber of Commerce C. Member — Society of Environmental Graphic Design D. Member — American Institute of Graphic Arts 3.08 Certificate of Insurance: A. Shannon David, Inc. obtains professional liability insurance on a per - project basis. Shannon David, Inc., if awarded contract, will immediately obtain and maintain insurance for the duration of the project per the requirement set forth in the Professional Services Agreement. . *I W 4.00 -- TERMS & CONDITIONS 4.01. Payment terms of this contract shall be in the form of retainer scheduled per the following: A. 20% of Total amount due upon commencement of contract — $2,100. B. Balance to be paid upon project completion at NET 30. 4.02. In addition to the Basic Services, SDI shall be reimbursed for all out -of- pocket expenses incurred on client's behalf, for items such as graphic reproduction services, delivery charges, mileage, etc. Reimbursable expenses will be invoiced monthly at 1.20 times actual cost. 4.03 For additional services requested by client, or for time spent on revisions caused by changes to work previously approved, SDI shall be compensated on an hourly basis at $100 an hour.