Loading...
HomeMy WebLinkAbout25L - MRKTG AND PUBLIC EDUCATION SRVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: AGREEMENT ~iITH GROUP, INC. THE PETERSON CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO ~~~~._-- ----~ FILE NUMBER MANAGER 'RECOMMENDED ACTION Authorize the City Manager attached agreement with The public education services California Edison Energy exceed $390,000 subject to Manager and City Attorney. DISCUSSION and the Clerk of the Council to execute the Peterson Group, Inc. to provide marketing and to the Public Works Agency for the Southern Efficiency Partnership in an amount not-to- non-substantive changes approved by the City On November 5, 2007, the City Council adopted a resolution supporting an energy partnership with Southern California Edison and executed an agreement to deliver energy efficiency information and educational programs in 2008 to promote energy efficiency initiatives and policies that enhance our environment. Professional marketing and public educational services are currently required to develop promotional materials for distribution to the public. The partnership staff, comprised of Edison and City members interviewed two marketing firms. The Peterson Group was chosen based on their experience in developing public education materials and experience working on municipal programs. The Peterson Group will develop a partnership logo and create and deliver an Energy Efficiency Program Kit to approximately 41,000 residences in the City by the end of the calendar year at a cost of approximately $145,000. The City has received preliminary approval for the upcoming 2009 partnership cycle. Once finalized, approximately $250,000 can be spent in each calendar year to develop additional public education materials. Staff is recommending a 14 month contract with The Peterson Group at a not to exceed cost of $390,000 to develop program information and energy 25L-1 Agreement for Marketing and Public Education Services November 17, 2008 Page 2 efficiency public education materials through December 31, 2009. Each project in 2009 will be developed and approved by the City. Expenses for public education and marketing services will be reimbursed by Edison through the partnership. FISCAL IMPACT Funds to pay for the public education services will be paid from the Public Works Administration account for contractual services (account no. 101-601-6291) and subsequently reimbursed from the Partnership funds. APPROVED AS TO FUNDS AND ACCOUNTS: James G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency ~- 25L-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17th day of November, 2008 by and between The Peterson Group, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RF.CiTAi.S A. The City desires to retain a consultant having special skill and knowledge in the field of marketing and public education. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall create and deliver marketing and public education services for the Santa Ana Energy Efficiency Partnership, as set forth in Exhibit A to this Agreement. The Parties anticipate that additional funds will be made available for additional Energy Efficiency Partnership marketing and educational projects. If such funding is made available, future projects may be approved, in writing, by the Executive Director of Public Works or his designated representative. 2. WARRANTIES -OWNERSHIP -WORK FOR HIRE Consultant warrants and represents that it has the absolute right to enter into and perform this agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant's performance hereunder, including all suggestions, ideas or other contributions to the Project, and the resulting works, including without limitation visual concepts, logos and slogans, that result from the Project, shall be deemed "works made for hire" as defined in the United States Copyright Act, and City will be deemed, as to the creation of such work, the sole and exclusive author thereof. To the extent that any portion of the works from the Project is determined not to be a "work made for hire", then Consultant hereby assigns and transfers to City all worldwide right, title and interest in and to 25L-3 such work and shall execute any and all documents reasonably necessary to effect or evidence such assignment and transfer. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $390,000.00 during the term of this Agreement. Consultant acknowledges that $250,000 of the total funding for the project is contingent on CPUC approval. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 25L-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. 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 effect 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. 25L-5 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25L-6 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-21) P.O. BOX 1988 Santa Ana, California 92702 Fax 714- 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultant: Alan Peterson, Jr. The Peterson Group, Inc. 180 Newport Center Drive, Suite 270 Newport Beach, California 92660 Fax 949-721-8434 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 5 25L-7 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25L-8 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. 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, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// /// /// /// 25L-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager THE PETERSON GROUP, INC. ALAN PETERSON, JR. President/CEO Employer ID # or Individual SS # 25L-10 ~. 'k ; . f3, ~ ~ ~ E' 1 t~ EXECUTIVE SUMMARY EXHIBIT A f j , ~ S ~ c~ ~ ~ ~ a 1 A~ ~Cj e''~: ~:'t ~ The Peterson Group (TPG) has been engaged by the City of Santa Ana (City) in partnership with Southern California Edison (SCE) to develop an "Energy Efficiency Partnership Program Kit" and distribute these kits to each single family household by the end of this year. TPG will develop the Energy Efficiency Kit program and its components and coordinate and manage the production and distribution. The City and SCE are seeking to take a leadership role in the move toward energy efficiency and conservation. The program's goal is to reduce consumption of electricity among Santa Ana residents and businesses by promoting the cost, convenience and environmental benefits of products and practices that promote energy efficiency via an effective public education program and activities. The Energy Efficiency Program Kits will serve as an opportunity to raise awareness and encourage participation. Kits will be delivered to approximately 41,000 single-family homes in the City of Santa Ana. PROGRAM COMPONENTS The recommended Energy Efficiency Program Kit would consist of the following components: • Discovery and Strategic Conceptualization: TPG will conduct situational discovery, strategy development and tactical planning for the program to determine the Partnership's specific needs, goals, benchmarks, expectations and budget. • Visual Concept/Logo/Slogan: Development of an overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. Ongoing communications, including strategic in-person consultations and presentations - as needed -will facilitate the development of powerful visual and messaging elements that can support the campaign throughout its entire lifecycle. • Recyclable Bag: A branded bag with the Energy Efficiency Program logo and slogan prominently displayed. One-color and two-color option. TPG will source a creative solution for a recycled content plastic, paper or content bag that will further theme the "green" and "conservation" effort of the overall program. The bag will hang from the door of resident's home and contain a number of promotional items, including a CFL, nightlight, magnet, sticker and informational brochure. • CFL: Individually packaged CFL in a branded box that features the Energy Efficienry Program logo and slogan to promote immediate adoption of community energy reduction. Magnet: Development of a magnet that may be in the shape of a CFL. The magnet is a fun way to promote the program and key contact information and can easily be displayed in homes and businesses. 9 25L-11 Sticker: Development of an eye-catching sticker that promotes the program and includes the program logo and slogan as well as a contact number for further information. Stickers could be vinyl with non-permanent stick surfaces so that they could be moved at will without leaving adhesive damage. • Brochure: Development of a 6-x-9-inch, four-color tri-fold brochure that tells the Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program adoption. Fact Sheet: Development of a one- to two-page document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences. Fact Sheet information could include the program's official name, mission statement, principal objectives, key contacts with email addresses and phone numbers, times and locations of scheduled events, etc. 25L~ 12 PROGRAM INVESTMENT SUMMARY TPC RFaTCO~ S~QICES 1=0R 1~FVE.I.OPI-dBNT ©F PI~GB RANGE. 'rxB ExE1tGY EPFICIErrC1' PRC)cia SrTS DISCOVERY AND PRELIMINARY PROGRAM $4,000-$5,000 DEVELOPMENT: TPG will conduct situational discovery, strategy development and tactical planning to determine the Partnership's s ecific needs, oals, benchmarks, ex ectations and bud et. VISUAL CONCEPT/LOGO/SLOGAN: Development of an $7,000-$8,000 overall "look at and feel" (color scheme, fonts, image, style, etc.) as well as a dynamic logo and memorable slogan for use on all program-related materials. On-going communications, including strategic in-person consultations and resentations - as needed. BROCHURE(S)*: Development of a brochure that tells the $4,000-$5,000 Partnership story in an emotionally compelling manner, explaining its goals and describing the role residents and local businesses will play in its success. Designed to engage target audiences and promote program ado tion. MAGNET(S)*: Development of a magnet that could be in the shape $800-$1,200 of a CFL to romote the ro ram. STICKER(S)*: Development of a program sticker to promote the $800-$1,200 ro am and disseminate ke contact information. FACT SHEET: Development of a one- to two-page, 8.5 x 11 $2,500-$3,000 document that describes the City of Santa Ana/Southern California Edison Partnership and provides essential background information to both internal and exterior audiences Estimated Total Investment for TPG Services: $19,100-$23,400 BSAT~p PAt?DU4"1'~oP+T COSTS F€aR ItE(~QMMENDED ENF,BCi]t F33TIMA'I Ei3 PItICB EFFIGtENGY PIL(!!G$AA~ 1~Y'I' CAMPONENTS BAG(S): Recyclable, branded bag with the Energy Efficiency Program $14,000-$18,000 logo and slogan prominently displayed. Range reflects one-color and two-color o tion. BROCHURE(S)*: 6" x 9", tri-fold in four-color. Paper stock is FSC $7,000-$7,500 certified with a minimum of 25 ercent consumer waste content. MAGNET(S)*: Printed on recycled paper. Range reflects one and $10,000-$12,000 two color o tion. STICKER(S)*: Static cling decals to adhere without adhesive to $3,500-$5,000 smooth surfaces. Ran e reflects one and two color o tion. **CFL(S): Individually packaged CFL in a branded box that features $55,200 the Ener Efficienc Pro ram to o and slo an. Estimated Total Investment for Printing Services: $89,700-$97,700 11 25L-13 $82I~ATBD A$SILY' AND ~}I$T$'~BUTIUN Cosx'S F(5~ LNY F4STI~dATBD PRICId EF1wTGIENCY PB~M+OrTTON ANTI SIT9 ASSEMBLY: Assembly and final boxing of 40,000 Energy Efficiency $12,000-$17,000 Pro ram Kits. DOOR HANGER DISTRIBUTION: Door to door delivery of $14,000-$18,000 40,000 Energy Efficiency Program Kits. Estimated Total Investment for Assembly and Distribution $ Services: $26,000-$35,000 F.,~TIh/ATBn TOTAL PR4GRAA+I IN1riENT FUH ESi'tlTBH I'BICE ENE~tGY SFlrICIENCY PROGRAM DEVBLOPM~?NT, PRUDUCTI©N wNp I?ISTRIBITfION Estimated Total Program Investment: $ $134,800-$156,100 ~I'hese tools could be adapted to promote subsequent Enemy E~czency programs and events. ** Pricing shown is provided by Edison. TPG will seek and propose to the City optimal products fmm its sources to optimise pricing and program ~ectiveness. Therefore, TPG may be able to reduce these prices by using alternative sources. Pricing is based on preliminary concepts. Estimates will not exceed the range shown, or a specified "not-to-exceed cost, "without the approval of the City of Santa Ana. The program components and concepts are subject to change pending further discovery and strategic conceptualization to maximize program effectiveness and City approval Category Rate Account Coordinator $ 130.00 Administrative Su ort $ 70.00 Chief Executive Officer $ 342.50 unior Co riter $ 130.00 unior Gra hic Desi ner $ 130.00 Pro ram Mana er $ 152.50 Proofreader $ 107.50 Senior Co riter $ 185.00 Senior Gra hic Desi er $ 185.00 12 25L-14 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 13 25L-15 14 25L-16