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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