HomeMy WebLinkAboutC-6252 - PSA for On-Call Design and Marketing Services for Water ConservationPROFESSIONAL SERVICES AGREEMENT WITH
DESIGNMATRIX FOR ON -CALL
DESIGN AND MARKETING SERVICES FOR WATER CONSERVATION
THIS AGREEMENT is made and entered into as of this 11th day of June, 2008,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),
and Deborah Shaw doing business as DB SHAW STUDIOS, a sole proprietor, whose
address is 1401 Cliff Dr., Newport Beach California, 92663 (Consultant) and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance in design and marketing of water
conservation messages.
C. City. desires to engage Consultant to perform on -call design and marketing
services of on an as needed basis to design and implement a viable water
conservation message and education. ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Project shall be
Deborah Shaw of DB SHAW STUDIOS.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 20th day of December, 2009, unless terminated earlier as set forth
herein.
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3.
SERVICES TO BE PERFORMED
Consultant shall provide "On -Call" design and marketing services as described in
the Statement of Qualifications attached as Exhibit "A." Upon verbal or written
request from the Project Administrator, Consultant shall provide a letter proposal
for services requested by the City (hereinafter referred to as the "Letter
Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery, email or mail.
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4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit "B" and incorporated herein by
reference.
No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Twenty Eight Thousand Five Hundred Dollars and No Cents ($28,500)
shall require a separate Professional Service Agreement approved by per Council
Policy F -14.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
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any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Deborah Shaw to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. Steve Myrter
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
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commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
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action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
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the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than two million
dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
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under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
1. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
2. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
Documents, _ including drawings physical or electronic and specifications,
prepared by Consultant pursuant to this Agreement are not intended or
represented to be suitable for reuse by City or others on any other project. Any
use of completed documents for other projects and any use of incomplete
documents without specific written authorization from Consultant will be at City's
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sole risk and without liability to Consultant. Further, any and all liability arising
out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes
full responsibility for such changes unless City has given Consultant prior notice
and has received from Consultant written consent for such changes.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Consultant shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
21. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant
shall not discontinue work as a result of such withholding. Consultant shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Steve Myrter
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3011
Fax: 949 - 646 -5204
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
DB Shaw Studios
1401 Cliff Dr.
Newport Beach, ca 92663
Phone: 949 - 645 -7731
Fax: 949 - 650 -3580
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26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports and other information
developed or accumulated in the performance of this Agreement, whether in
draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
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30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
32. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
By: Cif _ By:
Aaron d. Harp, Steve Myrter
Assistant City Attorney Utilities Director
for the City of Newport Beach - for the City of Newport Beach
ATTEST: q ` ,� CONSULTANT:
�R N to
( F
By: By: /
LaVonne Harkless, (Corporate Officer)
City Clerk
Title: "
Print Name:
al Officer)
Title: bww
Print Name: ::� Vy '6 L �
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
T
I1401 Clif Drive
j H Newport Eeach Ca 92663
TEL: 449.645.7731
FAX: 949.650.3580
email: designmatrix @adelphia.net
Date: 16 June 2008
To: Steve Myrter, P.E.
Utilities Director
City of Newport Beach
3300 Newport Blvd.
P. 0. Box 1768
Newport Beach, California 92659 -8915
From: Deborah Shaw
Re: Community Outreach Marketing and Design Services
Dear Mr. Myrter:
We appreciate the opportunity to be considered for Community Outreach Marketing and Design
Services, and enthusiastically submit the attached proposal. We are a small, local, full service agency
that provides personal service, with the experience and team members to handle large, complicated
campaigns that require extensive coordination with various agencies, vendors and communities.
We pride ourselves on the longevity of our relationships with our clients and vendors, and look for-
ward to the opportunity to work with the City of Newport Beach on an ongoing basis.
Please let me know if you have any questions, or need any further information.
Sincerely,
Deborah Shaw
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
DESCRIPTION OF SERVICES PROVIDED
Company History, Background and Qualifications
Designmatrix is an award - winning, multi - disciplinary company, specializing in the design and development of print and market-
ing communications, interactive multimedia and web design. Based in Newport Beach, California, Designmatrix serves clients
throughout the United States and Canada, and has enjoyed steady growth throughout its 29 -year history. We have served a
diverse group of clients and pride ourselves on the longevity of our client and vendor relationships.
The Designmatrix core team has a unique combination of diverse skills and the ability to execute a wide variety of projects,
including:
• strategic and social marketing campaigns
• general marketing and branding campaigns
• strategic marketing plans
• marketing communications
• advertising
• corporate/product branding and identity
• collateral (printed) materials
• newsletter and publication design and production
• merchandising and product development
• point of purchase displays
• trade booth design and production
• web design, development and programming
• user interface design
• multimedia design and development
• information design
• cartography
• illustration, botanical illustration and scientific /technical illustration
Unique to Designmatrix is its expertise in informational graphics and adult cognitive learning methodologies, which enables the
company to present highly technical data and information in an easily accessible manner.
Many of Designmatrix's clients, including non - profit organizations and government agencies, have special needs that differ from
those of the conventional business community. Designmatrix provides services tailored to meet the needs of each client, includ-
ing the necessary documentation and accountability for deadlines, budgets, approval processes, and bidding procedures.
The Designmatrix core team has provided award - winning services on many social marketing and branding campaigns as well as
multi- faceted marketing campaigns. For many of these, Designmatrix has created outreach tools that can be subsequently
updated and produced by internal staff. This strategy allows our clients flexibility in campaign execution as well as campaign
longevity and real cost - savings. Designmatrix has provided staff training and ongoing support for all of these types of cam-
paigns.
Social Marketing Campaigns
The Designmatrix core team has been responsible for many social marketing campaigns that built brand awareness while moti-
vating behavioral change in a meaningful, measurable way. Many of these campaigns have been health - related, including public
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
outreach campaigns for reading /literacy, nutrition, disabilities, general health and health information, and anti -drug campaigns.
Additional campaigns have been specifically about children— targeting parents, the children themselves and educators. These
campaigns have included outreach and education regarding television viewing, reading, vaccinations, nutrition, and wearing hel-
mets.
Designmatrix has worked on numerous conservation and public transportation campaigns. Designmatrix was the agency of
record for 14 years for the North San Diego County Transit District. As such, the firm was responsible for all public outreach to
encourage rail and bus commuting as well as signage, individual bus maps and bus books for a 1,000 square mile area.
Additional outreach campaigns were designed to partner with large employers and businesses in the area to incentivize employ-
ees to commute to work and to large sporting events. Additional campaigns were designed to meet the special needs for Camp
Pendleton. Designmatrix assisted in setting up an internal department within NCTD once budgets were available to do so. Other
past projects have included nature maps of the Back Bay, and trail and public education guides for Glacier National Park.
Deborah Shaw is currently participating in an international campaign for endangered species awareness, illustrating endangered
native California species.
A collaborative program for the Governor's Committee on People with Disabilities, California Employment Development
Department and the California Health Incentives Improvement Program entitled "Talent Knows No Limits ", that encourages
employers to hire the disabled is currently being developed.
In addition to achieving measurable results in public behavior awareness and changes, all of these campaigns involved compli-
cated coordination with multiple governmental agencies, with detailed documentation and reporting to ensure that Federal, State
and local regulations were met. Frequently, qualitative and quantitative market research was employed to determine needs, chal-
lenges, opportunities and results. Extensive reporting mechanisms were created to accurately report results and provide feed-
back that allowed adjustments to the campaign to further refine and target the message and the audience.
Branding Campaigns
A solid, instantly recognizable brand is a cornerstone to any campaign. The Designmatrix team has created award - winning
branding campaigns and logos for hundreds of clients, their products and services, most recently the name change for the
Orange County Federal Teacher's Union.
All branding campaigns have unique challenges, some more complex than others. Few branding campaigns are just about the
logo, stationery, advertising and collateral material. Designmatrix has conducted branding campaigns that required design ser-
vices of products, packaging, signage across multiple buildings /locales, vehicles, uniforms, print and multi -media venues. In
addition to the brand /logo design process, Designmatrix services have included "pre- selling" employees and internal audiences
as well as external audiences on the need for a branding change; inventories and orchestration of branding transitions; and full
branding and image campaigns.
Current technology requires logos in a variety of digital formats; Designmatrix provides all design elements to the client in every
conceivable file format that will be used in print, web, multi -media and specialty items, along with a matrix and key describing
which files to use in which circumstances. This ensures that the brand will always be presented in the highest quality format.
Web and Multi -media
Designmatrix has extensive experience and capabilities in providing both traditional print and web services. These projects range
from large sophisticated sites involving both front- and back -end programming with large databases, to smaller sites.
Designmatrix also provides maintenance and updating services on sites for some clients, while on others Designmatrix has pro-
gramming simple, effective administrative and content management tools so that clients are able to update the site themselves.
In all cases, Designmatrix provides ongoing support and training.
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
Designmatrix has also served as a "digital consultant" to many clients, translating "geek" to English for clients and their vendors,
as well as providing site analysis, competitors' analysis, and best practices recommendations. Due to our many government,
non - profit and healthcare clientele, Designmatrix designs and programs sites with an eye toward accessibility whenever possi-
ble, including useability for the vision - impaired and disabled.
Designmatrix also designs and programs blogs, e- newsletters, list management and e-mail blasts for clients for internal and
external audiences.
Designmatrix was responsible for re- coding the City of Newport Beach's water quality site, to overcome existing problems with
accessibility and printing.
Case Studies
Designmatrix would be happy to provide specific case studies, references and portfolio pieces for any of our past clients and
campaigns. Please let us know if you would like us to provide detailed campaigns, or contact names and information for past or
current clients.
LOCAL PROJECT STAFFING
Designmatrix has clients around the world, but operates out of Newport Beach, giving the firm a unique perspective on the his-
tory and demographic make -up of the community. In fact, all of the core team participants are local to Orange County. The fol-
lowing is a brief description of our proposed team members:
Deborah Shaw, Project Manager, Creative Director
Deborah Shaw will be the direct contact with the City of Newport Beach and will be responsible for managing all aspects of the
campaign.
The core project team will include:
Claudia Ponder
Project Responsibilities: Messaging and Content Development, Focus Groups and Market Research
Bonnie Stein
Project Responsibilities: Design, Information Design, Lead Front End Programming
Jerome A Domingo
Project Responsibilities: Front End and Back End Database Connectivity. Additional project responsibilities may include: Software
Engineering and Database Programming (if included in project scope of work)
Additional support and specialized services, depending on the type of project, may be provided by:
Patricia Sueme
Project Responsibilities: Graphic and Print Design
Maria Nepite
Project Responsibilities: Copywriting and Spanish Translation
Sherry Angel
Project Responsibilities: Copywriting and Editing
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
Resumes have been included for the core team.
BASIS OF CONTRACT
If selected for outreach marketing and design services, the Contract will be established for a one -year period, with not -to-
exceed budgets on a per project basis as designated by the City of Newport Beach. The City will authorize and approve each
individual project prior to Designmatrix beginning the work. Work will not commence until Designmatrix receives written approval
from the City of Newport Beach.
Designmatrix charges an amalgamated fee of $100.00 per hour for non - profits and government agencies. Some work, such as
data entry, for example, may be charged at a lower rate and would be estimated within the parameters of a specific project.
Expenses such as printing, etc. will be billed at cost plus 12 percent. Whenever possible, Designmatrix will advise and create an
account for the City to be billed directly, at cost. Local sales tax will be charged on those items required by the State Board of
Equalization.
Designmatrix will base each estimate on a time and material basis. For each project, Designmatrix will provide a mutually agree-
able schedule for completion.
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
RESUMES OF CORE TEAM
Deborah B. Shaw
Project Responsibilities: Project Manager, Creative Director, Facilitator, Lead Design, Information Design
Deborah Shaw has been principal of Designmatrix throughout its 29 -year history. Ms. Shaw has been responsible for many
large -scale integrated information design projects. These have included customer interface design and information solutions that
require surmounting multi - lingual, multi - cultural and socioeconomic barriers.
She has designed and directed a wide variety of projects, including: corporate identity development and branding; collateral
materials; web and multimedia design; promotional materials design and production; product design and development (toys);
signage and facility interior design; marketing communications; strategic marketing planning; information design; public rela-
tions; advertising; conference development, communications and marketing; physician and healthcare personnel education;
patient education; magazine and newsletter publications, scientific illustration, etc.
Ms. Shaw has particular expertise in the healthcare and medical industries, and has directed and participated in projects for
physician groups, hospitals, health systems, public health departments, pharmaceutical companies and researchers. In 1999,
Ms. Shaw was part of the Santa Ana, California team that was awarded a one -year project grant from the CityMatCH Urban
Maternal and Child Health Project. The team examined reasons for absenteeism in an impoverished, largely Latino Santa Ana,
California elementary school and studied biostatistics with the Centers for Disease Control and Prevention (CDC). Other large -
scale health projects have included the English /Spanish "California Campaign for Kids' N" for the Center for Media Education,
Washington, D.C., Children's Hospital of Orange County /Mission, and Safe Moves; and community outreach campaigns for
CalOptima. Ms. Shaw also has worked on outreach campaigns on emotionally charged issues, including information about
maternity and delivery care for Sudanese circumcised women living in the United States. She is currently developing a collabora-
tive program for the Governor's Committee on People with Disabilities, California Employment Development Department and the
California Health Incentives Improvement Program entitled "Talent Knows No Limits."
Ms. Shaw has extensive experience in branding and extending branding to specialty items design and production: she has
designed many original items, including new product development, plush toys and clothing. Many of the products and graphics
she has designed and produced for various specialty items have been featured in new product marketing for many manufactur-
ers and distributors.
Ms. Shaw was a faculty member for the Design and Digital Arts Program, University of California, Irvine Extension, where she
taught from 1996 through 2000. She taught core curriculum classes (required for graduation) in the graphic design, print and
web design curriculums. She also was responsible for the development of the curriculum for a new Information Design Program.
As a speaker for the UCI Digital Arts Symposium Series, Ms. Shaw has participated in panel discussions and has delivered pre-
sentations on new technology, new media and information design. One of these symposiums, with Bonnie Stein (see biography
below) included a live, improvisational, on -stage web site design, using an audience of 250 as "the client." Ms. Shaw has served
on the UCI Extension Digital Arts Graphic Design Advisory Committee and the UCI Extension Web and MultiMedia Advisory
Committee, and was the recipient of the "Distinguished Instructor" Award for the year 2000. She served on the original UCI
Extension Design and Marketing Advisory Committee to revise the curriculum in 1994 -1996.
Ms. Shaw is currently the Technology Editor for the quarterly newsletter for the Botanical Artists' Guild of Southern California,
writing "how -to" columns about the intersection of computers, peripherals, software and art and illustration.
Recognition
Received numerous awards for creativity and effectiveness of work developed for print, advertising and information design.
These include "Heroes of the Heart", corporate award; American College of Surgeons Award; numerous HPRMA Golden
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Designmatax: City of Newport Beach
Public Information Campaign and Design Services
Advocate, gold, silver and bronze awards; Healthcare Advertising awards; Orange County Ad Awards; Dr. Toy's Top 100 Toy List
(national ranking); Early Childhood News, 100 best products (national ranking); Cairo's Best Toys; Duracell Best Toy Design
Award finalist; Orange County Business in the Arts Award.
Education
B.A. in Fine Art, Pomona College, The Claremont Colleges, 1978, cum laude.
Affiliations
Orange County Youth Symphony Orchestra, Executive Board and Board Member; Botanical Artists Guild of Southern California,
Executive Board Member and Board Member; American Society of Botanical Artists, member.
Jim-
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
Claudia Ponder
Project Responsibilities: Messaging and Content Development, Focus Groups (if included in project scope of work)
Ms. Ponder has worked with Designmatrix for 15 years on projects that have included market research, market analysis, brand-
ing and identity, advertising (print, radio, television and movie previews), marketing campaigns, annual reports, videos /DVDs,
community education /outreach, and health /education outreach.
A leader in social marketing for more than a decade, Claudia Ponder is an expert in efforts that affect social change. As Chief
Strategic Officer for Ponder Ideaworks, an award - winning marketing, branding and advertising agency based in Huntington
Beach, California, she directed extensive social marketing campaigns that built brand awareness while motivating behavioral
change. Her work on numerous programs has helped people eat better, live longer, and read more. These campaigns have
included the California 5 a Day campaign for the California Department of Health Services, Cancer Prevention and Nutrition
Section, California Nutrition Network, READ California for the Governor's Office of the Secretary for Education, and Afteft, an
anti -Club Drug campaign for the Department of Alcohol and Drug Programs. She is currently developing a collaborative program
for the Governor's Committee on People with Disabilities, California Employment Development Department and the California
Health Incentives Improvement Program entitled "Talent Knows No Limits." Known as an innovator, Claudia co- chaired the
Literacy in the Media Awards, an organization that recognizes efforts of the entertainment industry to address issues of improv-
ing literacy through their work in film and television. She increases the effective value of programs through her long- standing
relationships and valuable partnerships.
She believes that most marketing campaigns get caught in the continuous loop of promoting awareness, while never seeing
their target audiences complete the cycle. Her personal mission is to move those audiences to action.
Recognition
Received numerous awards for creativity and effectiveness of work developed for print, broadcast, videos and documentaries.
These include Addy, Telly, Aurora, Beldings, New York Festivals, The National Diamond Crystal Award, Literacy in Media Awards,
several International Globals and the Community Action Network — National Ad Council recognition.
Education
University of Chicago, Graduate School of Business, Executive Program, focusing on strategic marketing management and
strategic thinking, December, 2000
Affiliations
Literacy Network of Greater Los Angeles, Board of Directors; Literacy in the Media Awards, past Chairperson; International
Documentary Association, member, FIND (Film Independent, formerly IFP LA), member; American Film Institute, member
Publications
"Taking the Brand (and Behavior) to Kids: The Use of Social Marketing to Ameliorate Health Problems and Issues of Special
Populations." Presenting faculty. University of South Florida, College of Public Health, Clearwater, Florida, June 16 -19, 2004.
"Empowering Healthy Change through Effective Advertising and Public Relations," presenter. State of California Department of
Health Services Best Practices and Skill Building conference. Sacramento, California, August 6, 2003.
"Removing Barriers by Creating Effective Breakthrough Advertising for a Social Marketing Campaign," conference presentation.
ARF (Advertising Research Federation. New York City, New York, September 22, 2002.
"Media Message Design: Partnering Science and Creativity to Build Awareness and Affect Behavioral Change." Presenting facul-
ty. University of South Florida, College of Public Health. Clearwater, Florida, June 12 -16, 2001.
"How to Tailor Behavioral Messages to Reach the Target Audience," conference presentation. State of California Department of
Health Services annual conference. Sacramento, Ca, August 6, 2001.
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
Bonnie Stein
Project Responsibilities: Design, Information Design, Lead Front End Programming
Bonnie Stein has been a part of the Designmatrix team for 12 years, working on such diverse projects as web site design, infor-
mation design, graphic design, branding and identity, collateral materials and illustration. Additionally, Ms. Stein and Ms. Shaw
have worked together as faculty members (UCI Extension) and have led seminars and workshop panel discussions together.
Bonnie Stein has owned and operated Labyrinth Designs, a design studio primarily dedicated to creating effective visual commu-
nication for its clients and secondarily elevating the aesthetics of the community -at- large, for fifteen years. Design work includes
web site design (including information design and interface design), logo design and corporate identity, package design, collater-
al materials, direct mail marketing and illustration. Client list includes IBM (various large -scale integrated information design
projects); and Silicon Systems, Inc. designing an intranet site for the human resources department; Children's Hospital of Orange
County (CHOC); UCI Extension's Digital Arts program; The Boeing Company (McDonnell Douglas) designing projects for the C -17,
the Delta missiles and the International Space Station.
Ms. Stein was a faculty member of the University of California, Irvine Extension Digital Arts program, where she has taught from
1992 - 2006. In addition to teaching core courses for print media, convergent media and intemet design, she was actively
involved in curriculum development for the Digital Arts program throughout its history. Ms. Stein is a recipient of the 1999
Distinguished Instructor Award. She has also taught courses in design at UCLA Extension, UC Riverside Extension and Otis Art
Institute. She has worked as a software /design consultant for St. John Knits, Irvine, California.
Education
Master of Arts, Art; June 1978, California State University, Northridge
Bachelor of Arts, Art: June 1972, California State University, Northridge
Affiliations
Design Lead for Temple Beth El of South Orange County, The Samueli Center for Progressive Judaism
io
Designmatrix: City of Newport Beach
Public Information Campaign and Design services
Jerome A Domingo
Project Responsibilities: Front End and Back End Database Connectivity. Additional project responsibilities may include: Software
Engineering and Database Programming (f included in project scope of work)
Jerome Domingo has worked with the Designmatrix team for two years, providing back end database programming, search
function programming, and "diagnostic programming" where clients have hired Designmatrix to find and fix database problems
from their previous web designers.
Jerome Domingo has worked in the area of software and applications design for 20 years. Mr. Domingo has been involved with
the full development cycle from architecture and design, to implementation, verification and testing. Mr. Domingo has particular
expertise in software design and implementation, specializing in device drivers, system programming, application development,
software design, support and project management. He has recently been developing applications for communication and audio
hardware with both high -level and low -level programming languages. Recent projects include: developing kernel mode device
drivers and subsystem software on Windows platforms; communications software and hardware development; and web -based
design and programming.
He has designed software systems for the Multiple Listing Service for the real estate industry and has worked in the semicon-
ductor industry, designing software systems for communication equipment.
Mr. Domingo is well versed in various programming languages, including C, C + +, HTML, PERL, PHP, Java and JavaScript. He
has experience in MySQL database design and management. His technical expertise includes:
Operating Systems: DOS, Windows 98, ME, NT, 2000, XP, 2003, Vista, Linux Hardware
Architectures: USB systems, PCI systems, ISA systems, Azalia systems, Intel microprocessors, MMX, 8250/16550 Serial Port
UARTs, AMD64 microprocessor
Software Architectures: Windows 98, ME, NT, 2000, and XP internals and device driver architectures, Virtual Device Driver (VxD),
Windows Driver Model (WDM), TAPI, Plug and Play, Microsoft Foundation Class (MFC), SDK, WIN32 API
High -Level Languages: C, C + +, C#, Visual Basic, Pascal, HTML, JavaScript, Perl, PHP
Low -Level Languages: Intel 80x86 assembler (including MMX), kernel level debugging Development Tools Microsoft Visual C + +,
Microsoft Visual C#, Win32 Platform Software, Development Kit, Windows Device Driver Kit, Vireo VtoolsD, DriverWorks,
DriverStudio, SoftICE, WinDbg,
Database: MySQL
Education
B,S, Electrical Engineering, California Polytechnic University, 1997
Affiliations
MentorME Ministries, Board Member; Philippine Church Outreach, Board Member.
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
PARTIAL LIST OF CLIENTS
Business /Industry
American Marketing Association, Southern California
Another Dancing Bear Productions, Inc.
Aon
ArtPlantae
Best Botanical Art, Canada
Bike Barn Motorcycles
Cacciamatta Accountancy Corporation
Civilsoft
Cofiroute
Couture Flowers
Crummack Huseby, Inc.
The Disney Stores, Inc.
FlexPoint Funding
IBM Global E- Business
Lenocker & Associates
Motivators, Inc.
Panel Concepts
Ponder Ideaworks
The Premier Group
Prescott Art and Design
Presoldered Fittings
Scott Machine Development Corp.
Screenflex Inks, Canada, Ltd.
Smartguard Software
Sock Science
sOlarEye Communications
Sunwest Graphics, Canada
Tekmar
Union Bank of California
Whitener Graphics
Government, Education, and Not - for - Profit
American Society of Botanical Artists
City of Newport Beach, Newport Beach, California
North San Diego Transit District (NCTD)
Orange County Fire Authority, California
Orange County Health Needs Assessment, California
Orange County Superior Court, California
Public Relations Round Table, San Francisco, California
Raise Foundation
The Getty (Education /Classes)
University of California, Irvine, Administration
University of California, Irvine Extension, Design and Digital Arts
Western Heritage Association
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Designmatdx: City of Newport Beach
Public Information Campaign and Design Services
Medical /Healthcare
Catholic Healthcare West
Cedars -Sinai Medical Center /Cedars -Sinai Health System
Children's Hospital of Orange County (CHOC) /Children's Hospital at Mission
CCA, Inc.
Hoag Memorial Hospital Presbyterian
Integrated Health Care Associates (IHA)
Mission Hospital Regional Medical Center
Restore Medical Group, Inc.
San Antonio Community Hospital
St. Joseph Hospital
UCI Medical Center
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Designmatrix: City of Newport Beach
Public Information Campaign and Design Services
EXHIBIT "B"
Hourly Rate and Expense Reimbursement
Designmatrix charges an amalgamated fee of $100.00 per hour for non - profits and government agencies.
Some work, such as data entry, for example, may be charged at a lower rate and would be estimated within the parameters of a
specific project. Expenses such as printing, etc. will be billed at cost plus 12 percent.
Whenever possible, Designmatrix will advise and create an account for the City to be billed directly, at cost.
Local sales tax will be charged on those items required by the State Board of Equalization.
Designmatrix will base each estimate on a time and material basis. For each project, Designmatrix will provide a mutually agree-
able schedule for completion and not -to- exceed quote for approval by the City of Newport Beach. Work will not commence until
a signed approval is provided by the City of Newport Beach. Significant requested changes to a project will necessitate an
approved "Project Change Request" (PCR) to authorize any additional time, expenses or schedule changes.