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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. Q 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. oil 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 3 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 0 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 5 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 0 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 7 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 4J, 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. 10 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 11 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. 12 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. 13 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 2 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 3 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. 4 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 5 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. 6 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 7 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- 8 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. 9 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. 11 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 12 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 13 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.