Communications_and_Marketing_Support_Services.pdf

REQUEST FOR PROPOSAL

COMMUNICATIONS AND MARKETING SUPPORT SERVICES

26-155

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: June 23, 2026 DEADLINE FOR QUESTIONS: July 7, 2026

RESPONSE DEADLINE: July 28, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

Communications and Marketing Support Services

I. Notice of Request For Proposals II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - RFP Submittal Forms to Complete B - Exemplar_Professional_Services_Agreement C - Cost Proposal Form

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I. Notice of Request For Proposals

Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website OpenGov, until Tuesday, July 28, 2026 for: Communications and Marketing Support Services.

The scope of work, content of the proposal, and the selection process are described in the Request for Proposals (“RFP”). Interested parties may obtain copies of the RFP through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically through its eProcurement website on OpenGov. Electronic proposals must be submitted through OpenGov by the Submittal Deadline noted above. It is the sole responsibility of the Proposer to ensure that its proposal is submitted through OpenGov before the RFP closing date and time.

Electronic proposal submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only.

Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Proposers must register on OpenGov to submit proposal responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules, and regulations governing the performance of services required in this

RFP.

For more information regarding the RFP, please contact:

Michelle Broughton

Buyer mbroughton@milpitas.gov https://procurement.opengov.com/portal/milpitas-cs

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II. Introduction

II.A Summary

Through this Request for Proposal (RFP), the City of Milpitas is seeking proposals from qualified communications and marketing firms to provide comprehensive, on-call communications and marketing services supporting the planning, development, and delivery of high-quality public outreach and engagement materials. Services shall include, but not be limited to, graphic design, video production, and media planning and buying.

The awarded Contractor(s) will work with City staff on an as-requested basis to produce timely, high-quality outreach materials for both citywide and department-specific initiatives, such as event recap videos for major community celebrations (e.g., Tree Lighting, 4th of July, and Lunar New Year), public service announcements on topics like emergency preparedness and water conservation, and outreach campaigns promoting local businesses and City programs.

The City of Milpitas recognizes that effective communications are essential to building public trust, promoting transparency, and engaging its diverse community. In partnership with the awarded vendor(s), the City aims to enhance its ability to deliver consistent, strategic, and culturally responsive communications that effectively inform, engage, and connect with the Milpitas community.

The City may, in its sole discretion, elect to award to one or more vendors based on the results of this RFP.

II.B Timeline

Schedule of Activities.The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Release Date June 23, 2026

Question Submission Deadline July 7, 2026, 12:00pm

Proposal Submission Deadline July 28, 2026, 12:00pm

III. Scope of Work

III.A Scope of Work for Communications and Marketing Support Services

Project Overview:

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The selected Contractor(s) shall develop and implement strategic communications and marketing support services, including, but not limited to, the creation of public-facing content, outreach materials, branding and messaging support, and campaign development for City initiatives on an as-requested basis. All deliverables shall adhere to American Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) accessibility standards, including captioning, alt text, readable formatting, and accessibility-optimized design practices to ensure equitable access for all members of the community. Contractor(s) shall translate technical or programmatic information into clear, engaging, and culturally responsive communications that effectively reach Milpitas’ diverse community while ensuring materials are accessible, consistent, and aligned with City branding standards.

A. Video Production and Storytelling

Contractor(s) shall conceptualize, script, film, edit, and deliver professional video content optimized for social media, digital platforms, and community broadcast use. Services include, but are not limited to, the following:

• Event Recap Videos: Produce short highlight reels (30–90 seconds) and longer recap videos (2–3 minutes) for major City events such as the Tree Lighting, 4th of July Celebration, Lunar New Year Festival, and National Night Out.

• Testimonial & Storytelling Campaigns: Development of narrative video series featuring residents, business owners, and City staff (e.g., “Faces of Milpitas”) highlighting community diversity and City programs.

• Informational Videos: Create animated or live-action videos explaining City services and initiatives such as recycling programs, housing assistance, and public safety updates.

• Public Service Announcements (PSAs): Produce short-form videos for awareness campaigns including emergency preparedness, water conservation, and public health messaging.

• Community Highlight Content: Produce videos showcasing local arts, cultural events, youth programs, and library services to promote community engagement.

B. Graphic Design Services

Contractor(s) shall provide professional graphic design support to ensure consistent and effective visual communications across all City departments. Services include, but are not limited to, the following:

• Branding and Visual Identity: Develop and maintain design standards including templates, color palettes, typography, and visual guidelines.

• Citywide and Departmental Materials: Design brochures, flyers, banners, reports, presentations, and other print and digital collateral.

• Infographics and Data Visualization: Create visually compelling graphics to communicate City data such as budget information, housing statistics, and sustainability metrics.

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C. Media Planning and Buying

Contractor(s) shall develop and execute strategic media plans to maximize the reach and effectiveness of City messaging while ensuring fiscal responsibility. Services include, but are not limited to, the following:

• Campaign Development and Execution: Plan and place integrated campaigns across digital, print, social media, outdoor, and audio platforms. Examples of Campaigns include:

o Economic development campaigns (e.g., “Shop Milpitas”) o Public safety and emergency preparedness messaging o Recruitment campaigns (e.g., “Join Team Milpitas”) o Infrastructure and transit project outreach with geotargeted and multilingual advertising

• Performance Tracking and Reporting: Monitor and submit monthly reports to City of campaign performance metrics, including reach, engagement, impressions, and conversion metrics, with recommendations for optimization.

D. Inclusive and Culturally Responsive Communications

Contractor(s) shall ensure that all services provided to City reflect Milpitas’ diverse population and are accessible, inclusive, and culturally sensitive.

E. Transparency and Community Engagement

Contractor(s) shall support the City’s commitment to transparent and effective communication by producing content that builds trust, conveys purpose, and fosters meaningful community engagement with the overall goal to strengthen ongoing dialogue between the City and its residents through creative, consistent, and strategically aligned communications.

F. Translation Services

Contractor(s) shall provide translation services as required. Materials, videos, and publications shall be translated into Chinese, Vietnamese, and/or Spanish as requested by the City.

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of the RFP, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Proposer may include any additional information they feel is relevant to the RFP, but at a minimum include each and every numbered and lettered item below in the proposal. Failure to response to each question in its entirety may result in disqualification of your proposal without further consideration.

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Once submitted, the Proposal and any supplementary documents become the property of the City.

IV.A Proposer Contact Information* Please provide your full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in either this solicitation or the attached Agreement/Contract. By confirming this question, vendor understands that failure to provide any and all documents, including but not limited to, forms, subcontractor information, bonds, insurance, and quotes within ten (10) business days of the close of this solicitation may result in the disqualification of their bid/proposal.

☐ Please confirm *Response required

IV.C Acknowledgement of Addenda* Any proposal submitted that does not acknowledge each and every addenda issued may be considered non-responsive. By confirming this prompt, you agree that you have seen and responded to all addenda to the RFP.

☐ Please confirm *Response required

IV.D Acknowledgement of Questions and Responses* Any Proposal submitted that does not acknowledge questions and the City's corresponding answers may be considered non-responsive. By confirming this prompt, you agree that you have seen all questions and answers related to the RFP.

☐ Please confirm *Response required

IV.E Current W-9* Please upload your firm's current W-9 form.

*Response required

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IV.F Prior Contract Failure* Proposer MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable.

If “None,” Proposer MUST state as follows:

“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will result in disqualification of your proposal.

*Response required

IV.G Cover Letter* Attach a cover letter in response to this Question that addresses the following:

A. The cover letter shall identify the legal name of the firm and identify the state of formation or incorporation.

B. The cover letter shall be signed by a person authorized to act on behalf of the firm.

C. The cover letter shall identify the firm’s principle address and whether or not the firm has a local office in the San José/Oakland/San Francisco area.

D. The cover letter shall note the number of employees, both overall and at the local office, if applicable.

E. The cover letter shall identify the name, title, address, telephone number, and email address for Proposer’s point of contact for follow-up regarding this RFP as well as the resulting contract, if awarded.

*Response required

IV.H Company Experience and Qualifications* Attach a response to include the following. Note that the successful Proposer should demonstrate a minimum of three years’ experience providing the same or similar services for public agencies or similarly complex organizations as those required in this RFP:

A. Provide a general description of your firm, including a brief history and experience in providing services similar to those required in this RFP, specifically in video production, graphic design, and media planning and buying.

B. Demonstrate that your firm is a long-term, established entity with demonstrated experience delivering communications, marketing, and multimedia services for public sector clients, preferably within the State of California.

C. Provide examples (up to three) of comprehensive communications or marketing campaigns your firm has completed within the past five years. In doing so, please highlight integrated communications campaigns, including video storytelling, branding and design systems, and paid media strategies across multiple platforms (digital, print, Communications and Marketing Support Services 26-155 social, and broadcast) that were culturally responsive, included multilingual communications materials, reflected campaigns for diverse communities, and were accessible and inclusive.

For at least one of these examples, please provide the campaign objectives, target audiences, key deliverables, and measurable outcomes or performance results. Please provide samples of deliverables (videos, creative assets, or campaign materials) if available.

*Response required

IV.I Execution Plan & Methodology * Please provide a detailed description of your firm's approach, methodology, and execution plan for delivering the services set forth in this RFP.

A. Communications Strategy and Creative Development Describe your approach to developing communication and marketing strategies, including how you translate project objectives into messaging frameworks, creative concepts, audience-focused content, and multi-channel campaigns. Include your methodology for integrating video production, graphic design, media campaigns, and digital communications into a cohesive communications strategy.

B. Media Planning, Performance Measurement, and Optimization Describe your approach to media planning, campaign performance measurement, and reporting and the tools, platforms, key performance indicators, and methodologies you use to monitor campaign effectiveness and optimize results throughout a campaign lifecycle.

C. Accessibility and Inclusive Communications Describe your methodology for ensuring communications are accessible, inclusive, culturally aware, and compliant with applicable standards. Include your experience with ADA/WCAG requirements, closed captioning, readability standards, multilingual communications, culturally responsive messaging, and other best practices for reaching diverse audiences.

D. Organizational Capacity Describe your firm's capacity to manage multiple, concurrent, and time-sensitive projects, e.g., staffing structure, resource allocation, and ability to scale services.

E. Stakeholder Collaboration F. Describe how your firm manages stakeholder input and maintains effective communication among multiple stakeholders, if applicable, and subcontractors, if applicable, to ensure quality, consistency, and timely delivery of services.

F. Execution Plan Provide examples of your standard execution plans, timelines, tasks (including task owners), key milestones, and deliverables, from time of receipt and including client review and approval:

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• Video production (concept development, scripting, filming, editing, final delivery for event recaps, public service announcements , storytelling campaigns, and informational videos)

• Graphic design services (branding tools, templates, and production of print and digital materials, including infographics and data visualization)

• Media planning and buying (campaign development, media placement, and launch across digital, print, social, broadcast, and outdoor channels)

• Performance tracking and reporting (including ongoing monitoring, analysis, and monthly reporting of campaign results)

G. Continuous Improvement What methods does your firm use to monitor project performance, identify and mitigate risks, maintain schedules, and continuously improve service delivery throughout the contract term?

*Response required

IV.J Personnel Assigned* Please provide a response that addresses all of the following:

A. Your designated project manager authorized to act on behalf of your firm as the principal contact for the City should you be awarded a contract.

B. Any individuals expected to have backup responsibilities.

C. Brief resumes/summaries of the individuals assigned to this project; resumes/summaries should not exceed one paragraph per person.

D. Your proposal MUST state that no changes in key personnel are to be made without written consent of the City.

Failure to comply with each item A through D may be grounds for disqualification. If the City elects to interview prospective firms, the firm’s designated personnel are expected to be in attendance and materially contribute to the discussion

*Response required

IV.K References* Attach three references for work of a similar nature as that required by the City, performed within the last three years utilizing the References form in Attachment A - RFP Submittal Forms to Complete. Note that the initial evaluation for these will be based solely on the information provided you provide in the Reference form. Final scores will reflect actual reference checks, if conducted at the City's sole discretion.

*Response required

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IV.L Cost Proposal Form* Complete Attachment C – Cost Proposal Form and attach it in response to this Question.

Complete all required fields on the spreadsheet (highlighted in yellow) and attach it in its it native Excel form. You may also attach a pdf version if needed for signature purposes.

Proposer’s completed Attachment C – Cost Proposal Form shall constitute the Proposer’s complete and binding cost proposal and shall be used for bid tabulation and evaluation purposes. Estimated quantities are for evaluation purposes only, are non-binding, and may not reflect actual usage. Any adjustment in quantities shall not entitle the proposer to an adjustment in unit pricing. Annual increases are capped at the applicable Consumer Price Index or 3%, whichever is less.

*Response required

IV.M Certification of Proposer* Complete, sign, and upload your Certification of Proposer form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.N Non-Collusion Declaration* Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.O Proposer's Statement Regarding Insurance Coverage* Complete, sign, and upload your Proposer's Statement Regarding Insurance Coverage form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.P Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.Q Nondiscriminatory Employment Certificate* Complete, sign, and upload your Nondiscriminatory Employment Certificate form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.R Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - RFP Submittal Forms to Complete.

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*Response required

IV.S Compliance with or deviation from RFP and Agreement* Complete, sign, and upload your RFP and/or Agreement Exceptions form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

V. Submission Instructions

V.A Proposal Submittal

A. Proposals must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

B. Submittal Deadline. Proposals must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

C. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded and submitted in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Proposals must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your proposal response as delays can occur. In the event that there is a problem uploading documents or submitting your proposal, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

E. Forms. To be considered for award, each proposal shall be made on forms furnished by the City in this RFP.

F. Late Proposals. The Submittal Deadline is absolute. Proposals will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each proposal shall be signed by an authorized representative of the Proposer.

V.B Proposal Modifications

Any Proposer wishing to make modifications to a proposal that has already been electronically submitted may utilize the "unsubmit response" option on their submitted proposal, make their https://procurement.opengov.com/portal/milpitas-ca https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

Communications and Marketing Support Services 26-155 modifications, and then submit their response again prior to the specified Submittal Deadline. Proposers are solely responsible for ensuring that their final responses are submitted prior to the Submittal Deadline. The eProcurement system will not allow submittal of proposal after the Submittal Deadline.

V.C Authorized Signatures

Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual submits a proposal, their signature and post office address must be listed in the proposal. If a firm or partnership submits a proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be provided in the proposal. If a corporation submits a proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

V.D Interpretation of Contract Documents

If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFP no later than the specified deadline for questions.

The City will respond either by response in the Question & Answer section of the RFP or through a formal addendum. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Proposer to check the website for addenda and questions/answers prior to submitting any proposal. In the event that this solicitation is obtained through any means other than the City's e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

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Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Tuesday, July 7, 2026

Questions answered on OpenGov are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in their proposal submittals using the form provided. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Proposer to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Any proposal submitted that does not acknowledge each and every question/answer may be considered non-responsive. Questions/answers, if any, must be acknowledged on the provided form in the space provided.

V.E Addenda

Addenda issued pursuant to this RFP, if any, will be posted on the City's eProcurement website.

However, it is the sole responsibility of the Proposer to check the website to determine whether any addenda have been issued.

Any proposal submitted that does not acknowledge each and every addendum issued may be considered non-responsive. Addenda, if any, must be acknowledged by answering the question in the Vendor Questionnaire entitled "Acknowledgement of Addenda."

VI. Evaluation and Award Process

VI.A Award of Contract

Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria." An Evaluation Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to award to the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

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VI.B References

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

VI.C Additional Discussions

Discussions, such as interviews or system demonstrations, may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers for the purpose of clarification to assure full understanding of, and responsiveness to, the RFP requirements or to provide the City with a demonstration of the proposer’s proposed product or software. Revisions may also be requested by the City, at its sole option, after original submissions and before award for obtaining best and final proposals.

Each Proposer shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Proposers.

VI.D Contract Negotiations

A Notice of Intended Award will be posted to the RFP on OpenGov. Final award is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions.

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner with the top-ranked Proposer, the City may, in its sole discretion, initiate negotiations with the next highest scoring Proposer.

The City reserves the right to contract in the manner that most benefits the City, including awarding more than one contract if desired. The City also reserves the right to cancel this RFP in its entirety and at its sole discretion.

Once negotiations are successfully completed, the Proposer will be recommended to the City Council for contract approval, and the City Council has the final authority to approve or reject the contract award.

VI.E Protest Procedure

Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

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VII. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFP Requirements Has the firm successfully and completely provided the requested information? Overall, has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein. Has the proposer taken exceptions to the City's standard terms and conditions

0-10 Points 10 (10% of Total)

2. Company Experience and Qualifications Has the Proposer demonstrated sufficient experience and qualifications, preferably with public agencies or similar complex organizations within the State of California? Does response include relevant history and experience in video production, graphic design, and media planning and buying? Has the firm demonstrated that they are a long-term, established entity with the necessary experience? Are provided examples relevant and complete and did the proposer provide all requested information?

0-10 Points 25 (25% of Total)

3. Execution Plan & Methodology Did the proposer provide a detailed description of its firm's approach, methodology, and execution plan for delivering the services set forth in this RFP, including satisfactorily addressing and responding to the following sections:

A. Communications Strategy and Creative Development

B. Media Planning, Performance Measurement, and Optimization

C. Accessibility and Inclusive Communications

D. Organizational Capacity

E. Stakeholder Collaboration

F. Execution Plan

G. Continuous Improvement

0-10 Points 25 (25% of Total)

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4. Personnel Assigned What are the qualifications of the personnel to be assigned to the project team members? Do they have sufficient demonstrated experience performing similar services to other public entities of similar complexity, preferably in California? Do assigned personnel have the requisite education, experience, and professional qualifications?

0-10 Points 15 (15% of Total)

5. References The initial evaluation is based solely on the information provided by Proposer in the Reference Form. Are the firm’s references from past clients and associates for the same or similar services as those required in this RFP? Are they from public entities in California? Are the contracted services of a similar scale and complexity as the City’s?

Final scores will reflect actual reference checks if conducted at the City's sole discretion, to confirm customer satisfaction for items such as:

Were the contracted services were provided on time and within budget? if the firm’s communication and collaboration were satisfactory; if the firm took direction well from the customer staff; etc.

0-10 Points 5 (5% of Total)

6. Proposed Compensation Cost proposals be provided on the provided Attachment C – Proposed Compensation spreadsheet. Pricing shall be inclusive of all labor, materials, equipment, tools, facilities and all management and overhead expenses and profit required to complete the Services in accordance with the Scope of Work. Cost proposals must contain all information to accurately and completely capture all Proposer's costs.

0-10 Points 20 (20% of Total)

VIII. Terms & Conditions

VIII.A Term of the Agreement

The City intends to enter into an agreement with the awarded vendor(s) for a five-year term. The Agreement is currently anticipated to begin on or around October 1, 2026. The City reserves the right to review the successful Proposer’s performance at any time throughout the term of the Agreement and cancel all or part of the Agreement, with or without cause, in its sole discretion.

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VIII.B Anti-Discrimination

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

VIII.C Background Checks

All employees of the successful Proposers assigned to perform any services and duties identified in this RFP may be required to undergo a background security check (LifeScan or other background check as required by the City) and must be a minimum of twenty-one (21) years of age.

VIII.D Attachment Review

Please review attachments to ensure the proper Sample Contract and forms are included.

VIII.E California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VIII.F Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.

VIII.G Communication

Each Proposer must comply with the communication requirements specified herein. Any Proposer who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFP.

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center https://www.milpitas.gov/241/Business-License-Center

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VIII.H Offers of More than One Price

Proposer is NOT allowed to submit more than one proposal.

VIII.I Proposal Prices and Notations

Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

VIII.J Price Discrepancies

In the event that there are unit price items in a compensation proposal and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation proposal, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly. The Proposer will be bound by said corrections.

VIII.K Conflict of Interest

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its proposal submittal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.L Examination of Contract Documents

It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with the RFP, all attachments including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract

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Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the Contract Documents.

VIII.M Definition of Terms

For the purposes of this RFP, the following definitions will be used:

A. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party selected to enter into a contract with the City as a result of this RFP.

B. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

C. May. Indicates something that is not mandatory but permissible.

D. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

E. Proposer. The person or firm making a legally binding offer.

F. Proposal. The offer submitted by the Proposer.

G. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

H. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal but may result in lower scores during evaluation.

I. Submittal Deadline. The date and time on or before all proposals must be submitted.

VIII.N Disqualification of Proposer

If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.

Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. Proposers shall submit as part of their proposal documents the completed Non- Collusion Declaration provided herein.

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VIII.O Documents to be Returned with Proposal

Failure to completely execute and submit the required documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed in the Vendor Questionnaire section.

VIII.P Execution of Agreement

The Contractor shall execute the Agreement in substantially the form provided in this RFP. A copy of the Agreement is attached hereto as Attachment B and incorporated herein by this reference. The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms under the Contractor’s proposal, whether incorporated directly into the Agreement or incorporated by reference. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance prior to contract execution. In case of failure of the Contractor to negotiate in good faith, provide all required documents, and execute the Agreement within a reasonable timeframe, the City may, at its option, terminate negotiations with the selected Contractor and engage the next highest-ranked Proposer in contract negotiations. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence the services/project within ten (10) working days or as otherwise agreed to by the City.

VIII.Q Experience and Competence

The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. Proposer should have no less than three years of experience in the magnitude and character of the services/project proposed. It is the intention of the City to award a contract to a Proposer(s) who furnishes satisfactory evidence that they have the requisite experience, ability, sufficient capital, and facilities to enable them to prosecute the services/project successfully and properly and to complete it within the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the City will weigh any evidence that the Proposer has satisfactorily performed other contracts of like nature, magnitude, and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the work specified in the RFP. To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References,” which is a part of the RFP (see Attachment A).

Contractor’s personnel assigned to the contract awarded from this RFP should each have a minimum of three years of training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement, that he or she speaks English, and that he or she preferably has a minimum of three years of supervision experience in work of similar scope to this RFP.

These experience and competence requirements must be maintained throughout the term of

Communications and Marketing Support Services 26-155 the resulting contract. Contractor may not substitute assigned Contractor staff without pre-approval by the City.

VIII.R Force Majeure

If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to, acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather.

VIII.S Formation of Contract

Proposer’s signed proposal and City’s acceptance shall constitute a binding contract.

VIII.T Informed Proposer

Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

VIII.U Insurance Requirements

The successful Proposer must furnish to the City a Certificate of Insurance and accompany endorsements proving coverage as specified in Exhibit D of the Exemplar Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the Agreement.

VIII.V License Confirmation

Proposer represents that it is duly licensed and experienced in providing services similar to those being performed under this RFP, that it and its employees or subcontractors have all necessary licenses and permits to perform these services in the State of California, and that it is familiar with the plans of City.

VIII.W Nomenclatures

The terms successful Proposer, successful Contractor, and Contractor may be used interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract as a result of this RFP.

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VIII.X Non-Collusion Declaration

Each Proposer is required to submit a signed copy of the Non-Collusion Declaration with its proposal.

VIII.Y Wage Theft Prevention

Proposers are required to submit a certification disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft Certification is attached hereto and must be completed and submitted as part of the proposal.

VIII.Z Prevailing Wages

Proposer shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.

(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. It shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this RFP and applicable law in its proposal.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

VIII.AA Proposal Content

(See Vendor Questionnaire) Proposer must describe in detail how they will meet the requirements of this RFP and may provide additional related information with its…