HomeMy WebLinkAbout10-23-17 City Commission Packet Materials - C3. PSA with The Nest Collective for Public Relations
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Craig Woolard, Director of Public Works
SUBJECT: Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services. MEETING DATE: October 23, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Interim City Manager to sign the Professional Services Agreement with The Nest Collective, LLC for public relations services. BACKGROUND: The Public Works Department (PWD) requires professional services to develop and implement communications strategies for public works projects and initiatives.
Timely and consistent public communications is critical to inform city residents about capital construction projects (e.g., road and utility construction), public works seasonal initiatives (e.g., leaf clean up, snow removal), code enforcement issues (e.g., sidewalk snow removal, right of way encroachments), and community wide infrastructure initiatives (e.g., water conservation, sidewalk replacement, oil and grease awareness) and marketing for solid waste and recycling
services. Effective public communication increases citizen awareness of projects and initiatives and provides citizens with the information they need to avoid construction conflicts and road closures. In September, the PWD advertised a request for proposals for Public Relations Services and
received one submittal, from the Nest Collective. We have reviewed their proposal and find it to be an excellent response to our scope of work. The PWD has held a contract with this firm for the past four years and is satisfied with their work. With a new contract in place, we can continue utilizing their services as we move forward. UNRESOLVED ISSUES: There are no known unresolved issues. ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: Approved FY18 Public Works Divisions’ budgets provide funding for
public relations services. Attachments: Professional Services Agreement Scope of Services
Report compiled on: October 11, 2017
16
Professional Services Agreement for Public Works Department Public Relations Services
Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this __23___ day of __November__, 2017,
by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, THE NEST COLLECTIVE, LLC, with a mailing address
of 570 Prospector Trail, Bozeman, MT 59718, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
professional services described in the Scope of Services attached hereto as ‘Attachment A’ and by
this reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate one year later unless extended upon mutual agreement of the Parties in
accordance with Part 30 of this Agreement. In no case will this Agreement run longer than a period
of three (3) years from the date of its initial execution.
3. Scope of Work: Contractor will perform the work and provide professional services
in accordance with the requirements of the Scope of Services provided as ‘Attachment A’ to this
Agreement. Scope of work for extended agreement terms will be mutually agreed by the Parties
prior to extending the agreement. For conflicts between this Agreement and the Scope of Services,
unless specifically provided otherwise, the Agreement governs.
4. Payment: For the initial one-year agreement term, the City agrees to pay Contractor
an amount not to exceed $70,000 for ‘time services’ completed in the performance of the agreed
Scope of Services. Time services will be billed at a rate of eighty-five dollars per hour ($85/hr)
regardless of the task, service performed, or individual performing the work. Outside costs for
media, printing, photography, talent, etc., are not considered time services and will be billed
separately from time services. A mark up of 15% will apply to outside costs unless otherwise
negotiated or paid directly by the City. Any addition, alteration, or deviation to the agreed Scope of
Services that involves costs for time services beyond the Agreement amount will be considered an
additional time service performed by Contractor. Any additional time services must be agreed to in
17
Professional Services Agreement for Public Works Department Public Relations Services
Page 2 of 10
writing by the City’s Public Works Director, or authorized representative, prior to undertaking the
work.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
18
Professional Services Agreement for Public Works Department Public Relations Services
Page 3 of 10
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s
agents
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
19
Professional Services Agreement for Public Works Department Public Relations Services
Page 4 of 10
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• The Contractor shall maintain automobile liability throughout the term of this
Agreement either through automobile insurance obtained by Nest Collective LLC or
each of the Contractor’s principles or members may obtain and carry personal
automobile liability insurance.
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on the Commercial General Liability policy. The insurance and required
endorsements must be in a form suitable to City and shall include no less than a sixty (60) day
notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
20
Professional Services Agreement for Public Works Department Public Relations Services
Page 5 of 10
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
21
Professional Services Agreement for Public Works Department Public Relations Services
Page 6 of 10
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Craig Woolard, PhD, PE, Director of Public Works or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to Craig Woolard as the City’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Kendra Callantine or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
22
Professional Services Agreement for Public Works Department Public Relations Services
Page 7 of 10
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
23
Professional Services Agreement for Public Works Department Public Relations Services
Page 8 of 10
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
24
Professional Services Agreement for Public Works Department Public Relations Services
Page 9 of 10
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement run
longer than three (3) years after the date of execution.
25
Professional Services Agreement for Public Works Department Public Relations Services
Page 10 of 10
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA THE NEST COLLECTIVE
CONTRACTOR
By________________________________ By__________________________________
Dennis Taylor, Interim City Manager Kendra Callantine, Principal
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
26
Page | 1
REQUEST FOR PROPOSAL
PROFESSIONAL SERVICES FOR PUBLIC RELATIONS
INFORMATION TO PROPOSERS
The City of Bozeman, a political subdivision of the State of Montana (hereinafter “COB” or “City”) will receive
proposals from individuals, corporations, partnerships, and other legal entities (hereafter “Consultant”)
authorized to do business in the State of Montana for the purpose of providing professional public relations
services to the COB Public Works Department (hereafter “PWD”) as described in this Request for Proposal. The
City will select the “lowest most-responsible vendor” for these professional services in accordance with its
effective purchasing policy (Administrative Order No. 2013-06) and applicable state statutes.
CLARIFICATION REQUESTS: Clarification requests concerning information contained within this RFP shall be
emailed to the individual listed below. The subject line shall read “Public Relations RFP Clarification Request”:
Craig Woolard, PE, PhD
Public Works Director
cwoolard@bozeman.net
PROPOSAL DEADLINE AND DELIVERY: Proposals will be received until October 4 at 5:00 PM MST. Late
proposals will not be considered. Five (5) copies of the proposal, including one electronic copy, shall be
submitted to the address below.
Engineering Office, City of Bozeman
Craig Woolard, Public Works Director
P.O. Box 1230
20 East Olive Street
Bozeman, MT 59771-1230
APPLICABLE LAWS: Consultant, including any subconsultants, must be authorized to transact business in the
State of Montana. All applicable laws and regulations of the State of Montana and ordinances and regulations
of the COB will apply to any resulting agreement.
NON-DISCRIMINATION POLICY: Discrimination in the performance of any contract awarded under this
request for proposal on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual
or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the
hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under
this request for proposal must sign and return the attached affirmation statement with their bound response to
this request for proposal.
27
Page | 2
SCOPE OF SERVICES
The COB PWD is requesting proposals from qualified firms or individuals for the performance of professional
public relations services. These services include but are not necessarily limited to developing and implementing
strategic communication plans and public outreach and education campaigns for various Public Works
Department services and divisions.
BACKGROUND INFORMATION: The COB PWD is comprised of a diverse array of divisions and provides a
host of various services to the community of Bozeman. Over 100 full-time department employees provide
resources and expertise that help ensure a high quality of life for Bozeman’s residents by providing a safe and
healthy place to live, work, visit, and recreate. Department divisions are listed below:
• Engineering
• Geographic Information Systems
• Stormwater
• Vehicle Maintenance
• Water Treatment
• Water Conservation
• Traffic Signs and Signals
• Solid Waste
• Streets
• Water and Sewer
• Water Reclamation
SCOPE OF SERVICES: It is the intent of the PWD to provide public communications that inform the
community of its efforts in a consistent, proactive, and effective fashion. The Consultant will develop an over-
arching PWD strategic communications plan, implement plan elements, and continuously advise the PWD on
communications strategy. The overarching communications plan will form the foundation for public
engagement activities and outreach and education material/campaign development for PWD divisions and
services. Outreach and education materials/campaigns may take various forms and span a full range of media
services including print, radio, web, and video productions. Scope of services will include:
1. On-going support and continued development of the Bozeman Street Report including preparing
creative materials, media buys, weekly radio announcements, social media, and interactive web
content.
2. On-going support and continued assistance with the Solid Waste division single-stream recycling service
media campaign, and other services such as compost and brush pickup, including preparing creative
materials, media buys, radio announcements, social media, web content, and equipment/supplies
advertising.
3. Developing marketing and branding for the Water Conservation division including community surveys,
assisting with education and outreach materials/campaigns, public engagement, timely development
and implementation of the drought management plan communications campaign, media buys, and
equipment/supplies advertising.
4. Assisting the Stormwater division with public engagement activities including education and outreach
material/campaign development, community events, website development, MS4 discharge permit
compliance issues, and stormwater utility enhancement.
28
Page | 3
5. Assisting the Streets division with public engagement activities including education and outreach
material/campaign development for streets division services such as fall leaf pickup, snow plowing, and
spring cleanup.
6. Assisting the Engineering division with public engagement activities including education and outreach
material/campaign development for issues such as sidewalk snow removal, sidewalk trip hazard
removal, SID creation community outreach, development review procedures, floodplain mapping,
capital projects construction, and long-range infrastructure planning.
7. Assisting the Water and Sewer division with public engagement activities including education and
outreach material/campaign development for issues such as smart water metering, water meter
replacement, backflow prevention, leak detection and repair, hydrant flushing, sewer flushing, and
sewer service root intrusion.
8. Assisting the Water Treatment division with public engagement activities including education and
outreach material/campaign development for issues such as drinking water supply, drinking water
quality, municipal watershed health, drought preparedness, and municipal watershed projects.
9. Assisting the Water Reclamation division with public engagement activities including education and
outreach material/campaign development for issues such as watershed health and discharge permit
compliance.
10. Preparation of media releases and continuous engagement with local media outlets.
11. Identification and coordination with community partners and stakeholder groups to assist the overall
effectiveness of PWD public communications.
12. Additional public communication and outreach activities as required by the PWD.
Final scope will ultimately be agreed to upon successful completion of contract negotiations with the Consultant
which is determined by the COB to be the lowest most-responsible vendor for these services.
FORM OF PROPOSAL
This section identifies specific information which must be contained within the Consultant’s proposal. The
information provided shall be used to determine the lowest most-responsible vendor to enter contract
negotiations and perform scope generally described in the previous section. Upon review of the proposals,
interviews with Consultants objectively evaluated as qualified for award may be conducted in order to
determine the lowest most-responsible Consultant. The decision to perform interviews will be based upon the
quantity and quality of proposals received and is at the sole discretion and determination of the COB.
Proposal responses must include the following information.
A. Consultant’s legal name, address, telephone number, web site (if any), and email address.
29
Page | 4
B. Statement of qualifications that includes Consultant’s professional credentials, experience, and
qualifications in providing the Scope of Services stated in this Request for Proposal.
C. A narrative describing the Consultant’s proposed approach to developing an over-arching strategic
communications plan for the PWD. Formal preparation of a strategic communications plan within
the proposal is not necessary. The narrative must instead provide sufficient detail as to how the
Consultant will develop the plan. Include the necessary tasks to complete this effort together with a
schedule for how the plan will be developed and implemented.
D. A portfolio of creative materials including print, radio, web, and video media.
E. A proposed annual budget for the completion of scope generally described within this RFP. Budget
shall be presented as total hours estimated to perform the scope along with the hourly billing rates
of individuals providing professional services. Estimated budgets for media buys and printing costs
shall be provided as well.
F. Identify each principal of the firm and other key personnel who will be professionally associated
with the COB PWD with this contract. Describe their respective areas of expertise and contract role.
Include personalized resumes which identify the qualifications, training and experience of each key
personnel.
G. A description of the firm’s current work activities and how these would be coordinated with the
project, as well as specific current workloads of the project team members.
H. A list of any subconsultants including information required in parts E and F above.
I. Project management and organizational chart of key personnel assigned to the project including any
subconsultants that may be used. Indicate how the PWD will interact with the key personnel on the
project.
J. A description of no more than three similar projects completed for a local government entity
including whether the projects were completed on time and within budget. Include primary client
contact information for each in order to facilitate reference checks.
ADDITIONAL INFORMATION: Submit any other additional information which would assist the COB in the
evaluation of the proposal. The COB reserves the right to make any investigation and solicit additional
information or submittals as it deems necessary to determine the ability of any Consultant to perform the Scope
of Services stated within this Request for Proposal.
SELECTION
Evaluation of proposals will be conducted by an evaluation committee. The committee will identify the lowest
most-responsible Consultant to perform the Scope of Services stated with this Request for Proposals. The
identity of committee members will not be released prior to review of the proposals.
30
Page | 5
EVALUATION CRITERIA: Consultants will be evaluated according to the following criteria.
A. Overall approach to the development and implementation of the strategic communications plan.
B. The qualifications of professional personnel assigned to the project.
C. Capability to meet time and budget requirements.
D. Location of the firm.
E. Present and projected workloads.
F. Related experience with local government entities on similar projects.
G. Recent and current work for the COB.
RELATIVE IMPORTANCE OF EVALUATION CRITERIA: No weighting factors have been assigned to the
individual evaluation criteria stated above. Proposals will be evaluated as a whole not as a summation of
component parts.
RANKING: The evaluation committee shall determine from the responses to this Request for Proposals, and
any subsequent investigation as necessary, the Consultant considered the lowest most-responsible to be
selected for contract negotiation.
NEGOTIATION OF THE AGREEMENT
The Scope of Services stated in this Request for Proposal serves as the basis for beginning negotiations
concerning the eventual form of the contractually agreed scope. The selected Consultant agrees to negotiate in
good-faith to develop a scope of tasks and a fee sufficient to produce an effective public relations system for the
COB PWD.
AGREEMENT FORM: The COB’s standard Professional Services Agreement shall serve as the template for the
agreement. The PSA form is available upon request.
AGREEMENT EXTENSIONS: This professional services agreement will begin no earlier than the time the city’s
current agreement with its public relations contractor expires in November 2017. Options for two (2) fiscal year
extensions beyond the initial fiscal year contract term will be included in the agreement if agreed upon by both
parties.
NEGOTIATION TERMINATION: If the COB is unable to negotiate a satisfactory contract with the firm initially
selected as most qualified at a fee the COB deems to be fair and reasonable, negotiations with that firm will be
31
Page | 6
formally terminated and the COB shall select another firm in accordance with its Purchasing Policy
(Administrative Order No. 2013-06) and continue until an agreement is reached or the process is terminated.
32
Page | 7
ATTACHMENT A: NON-DISCRIMINATION AFFIRMATION FORM
[name of entity proposing] hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of
actual or perceived sexual orientation, gender identity, or disability in the performance of work performed for
the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will
contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the
hiring and treatment of the [name of entity proposing] employees
and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman.
Signature of Consultant:
Person authorized to sign on behalf of the proposer
33