Strategic Communications Graphic Design Services RFQ 2023 FINAL.pdf

REQUEST FOR QUALIFICATIONS

FOR

STRATEGIC COMMUNICATIONS AND GRAPHIC

DESIGN CONSULTATION SERVICES

Release Date: Thursday, February 16, 2023

Due Date: Thursday, March 16, 2023

For additional information, please contact:

Lauren G. Howland at 562.570.2314 or lauren.howland@lbutilities.org

See Page 8, for instructions on submitting proposals.

Company Name Contact Person

Address City State Zip

Telephone ( ) Fax ( ) Federal Tax ID No.

Email Address:

Prices contained in this SOQ are subject to acceptance within 180 calendar days.

I have read, understand, and agree to all terms and conditions herein.

Signature & Date:

Print Name & Title:

mailto:lauren.howland@lbutilities.org

TABLE OF CONTENTS

1. OVERVIEW OF PROJECT

2. ACRONYMS/DEFINITIONS

3. SCOPE OF SERVICES

4. SUBMITTAL INSTRUCTIONS

5. RESPONSE REQUIREMENTS

6. SOQ EVALUATION AND SELECTION PROCESS

7. PROTEST PROCEDURES

8. TERM OF AGREEMENT

9. BUSINESS LICENSE

10. TERMS, CONDITIONS AND EXCEPTIONS

ATTACHMENTS

I: CERTIFICATION OF COMPLIANCE WITH TERMS AND CONDITIONS OF RFQ

II: STATEMENT OF NON-COLLUSION

III: DEBARMENT, SUSPENSION, INELIGIBILITY CERTIFICATION

IV: W-9 REQUEST FOR TAXPAYER IDENTIFICATION NO. AND CERTIFICATION

V: EQUAL BENEFITS ORDINANCE

REQUEST FOR QUALIFiCATIONS

Strategic Communications and Graphic Design Consultation Services

Approved this ZCe day of 2023

B. Anatole Falagan Assistant General Manager

Authorized this day of , 2023

Christopher J. Garner General Manager

Authorized this day of , 2023

Dawn Mclntosh

City Attorney

Authorized this davof J 2023

Richard Anthony Deputy City Attorney

January31st

3 | RFQ – Strategic Communications and Graphic Design Consulting Services

The Long Beach Utilities Department will not be held responsible for proposal sample envelopes mishandled as a result of the envelope not being properly prepared. Facsimile or telephone proposals will NOT be considered unless otherwise authorized; however, proposals may be modified by written notice provided such notice is received prior to the opening of the proposals.

1. OVERVIEW OF PROJECT

The Long Beach Utilities Department (LBUD) invites Consultants to submit Statements of Qualifications (SOQ) for Public Affairs services for various on-call projects. The LBUD desires to enter into multiple on-call agreements to develop a comprehensive roster of available Consultants to assist with workload as the department merges water, gas and sewer services under one Long Beach Utilities Department.

Awarded Consultants will be assigned tasks for various projects in appropriate areas, at the sole discretion of the Long Beach Utilities Department. Some examples of specialized professional services needed for Utilities Department projects may include, but are not limited to, the following:

1.1. Graphic Design Services

1.2. Branding and marketing support, including translation

1.3. Social Media Creative Content

1.4. Photography and videography services, including editing

1.5. Digital Platforms Support, including website and social media

1.6. Strategic Communications

For more information on Long Beach Utilities, please visit LBUtilities.org or @LBUtilities Facebook, Instagram and Twitter.

4 | RFQ – Strategic Communications and Graphic Design Consulting Services

2. ACRONYMS/DEFINITIONS

For purposes of this RFQ, the following acronyms/definitions will be used:

Agreement/ Contract

Awarded Consultants

City

Consultant

Department

Contract specifying the terms and conditions, and defining the scope of services to be performed by the Proposer for a specific project, or on a continuing on-call basis.

The organizations/individuals that are awarded and have an approved contract with the Long Beach Utilities Department for the services identified in this RFQ.

The City of Long Beach and any department or agency identified herein.

Organization/individual submitting qualifications in response to this

RFQ.

Long Beach Utilities Department

Evaluation Committee

Fee

LBUD

A committee comprised solely of representatives of the Department established to review qualifications submitted in response to the RFQ and select Consultant(s).

Compensation paid to the Consultant for professional services rendered.

Long Beach Utilities Department

May Indicates something that is not mandatory but permissible.

Principal Public Affairs Consultant

Public Affairs Services

A firm that is held responsible for the overall performance of the professional service, including that which is accomplished by others under separate or special service subcontracts.

Professional services of a marketing, advertising, public relations nature, required to be performed

RFQ

SOQ

Request for Qualifications.

Statement of Qualifications in response to this RFQ.

5 | RFQ – Strategic Communications and Graphic Design Consulting Services

Shall / Must Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of the SOQ as non-responsive.

Should Indicates something that is recommended but not mandatory. If the Consultant fails to provide recommended information, the LBUD may, at its sole option, ask the Consultant to provide the information or evaluate the SOQ without the information.

Subcontractor Third party not directly employed by the Consultant who will provide services identified in this RFQ.

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3. SCOPE OF SERVICES

Utilities Consolidation: As of January 2023, The Long Beach Water Department and the Gas Division of Long Beach Energy Resources Department are now merged under one, unified department: Long Beach Utilities. The Department is in the process of rebranding and updating communications materials and strategies amid the consolidation.

General: The Long Beach Utilities Department desires to engage the services of professional consulting firms to provide support for all aspects of Public Affairs for various on-call projects at the Utilities Department. These could include conservation messaging, gas safety information, bill pay assistance, etc.

Basic Services: There are five predominant categories of Consultant services that will be primarily utilized for various on-call projects at the Utilities Department. These categories may include, but are not limited to, deliverables A through E listed below.

Consultants can submit a proposal for one or multiple categories of service but are not required to respond to all categories.

A. Graphic Design Services for Digital, Print, and Audiovisual Marketing Materials

i. Consultant(s) will show demonstrated competency in design and development of marketing materials for various outlets, including:

1. Print, including publication design, stationary and print advertising

2. Digital, including social media

3. Banner advertisements, including flash

4. Video, motion graphics

5. Translated materials

ii. Assist with animations and character development

iii. Work under direction of Department’s graphic designer

B. Branding and marketing support, including translation

i. Consultant(s) will show demonstrated competency in creating brand strategies including:

1. Establish a full implementation plan and rollout of brand refresh

2. Ability to articulate the Department’s brand, identify the brand’s major elements, and recommend means and methods of aligning communication and program materials with the brand.

3. Provide metrics and analytics to design programs and evaluate effectiveness

ii. Provide supplementary translation to incorporate into multi-lingual branding outreach campaigns

1. Assist in determining successful marketing strategies and tools for hard-to-reach audiences

2. Support community outreach efforts including building demographic statistics, personas, touch point analysis, journey maps, etc.

3. Copywriting

iii. Provide support for ongoing implementation of Department’s Strategic

Communications Plan

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C. Social Media Creative Content

i. Consultant(s) will show demonstrated competency across various social media sites, including:

1. Facebook, Twitter, Instagram, YouTube

ii. Integration of social media content and strategy with broader marketing campaign initiatives

iii. Graphics, copywriting

iv. Create monthly social media calendars for pre-approval

v. Monthly metrics reports

vi. Provide on-call emergency social media support

D. Photography and videography services

i. Consultant(s) will show demonstrated competency and have knowledge and experience in professional photography and videography services

ii. Provide on-call photo and video services

iii. Provide full-service editing, final touches and production for video and photo projects

E. Digital Platforms Support

i. Consultant(s) will show demonstrated competency and have knowledge and experience in website content management, including WordPress and Granicus OpenCities

ii. Assist with page edits and updates, copywriting and graphics

iii. Assist with process of merging gas and water/sewer websites into

LBUtilities.org

iv. Provide on-call, emergency support for website(s)

Submit examples of relevant work with SOQ. See Section 5F for portfolio requirements.

NOTE: LBUD reserves the right to commission additional consulting services throughout the duration of the contract period.

4. SUBMITTAL INSTRUCTIONS

4.1 All questions and inquiries regarding this RFQ, must be submitted via email to lauren.howland@lbutilities.org by Thursday, March 2, 2023 4:00 p.m.

Reponses to the questions will be posted on https://longbeachbuys.buyspeed.com under the RFQ invitation project title.

All Consultants are recommended to visit the above-mentioned website on a regular basis as the responses may be posted earlier than the deadline posted in the timeline below.

mailto:lauren.howland@lbutilities.org https://longbeachbuys.buyspeed.com/

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4.2 RFQ Timeline

Task Description Date/Time RFQ Release Thursday, February 16, 2023 Deadline for submitting questions

Thursday, March 2, 2023, 4 p.m.

Posting of all answered questions

Monday, March 6, 2023, 5 p.m.

Deadline for SOQ submission

Thursday, March 16, 2023, 4 p.m.

Prospective Interviews March/April 2023 Selection of Consultant(s) April 2023

NOTE: These dates represent a tentative schedule of events. LBUD reserves the right to modify these dates at any time, with appropriate notice to prospective Consultants.

Consultants shall submit SOQ and attachments through the Long Beach Buys online platform at https://longbeachbuys.buyspeed.com.

4.3 The SOQ shall be received by 4:00 p.m. local time, Thursday, March 16, 2023. SOQs that do not arrive by the specified date and time WILL NOT BE ACCEPTED. Consultants may submit their proposal any time prior to the above stated deadline. Consultants may submit via email, with approval from LBUD, if they have issues with the Long Beach Buys system.

4.4 The SOQ should be presented in a format that corresponds to and references sections outlined below and should be presented in the same order.

Responses to each section and subsection should be labeled so as to indicate which item is being addressed. For ease of evaluation, the SOQs should be presented in the format described within this RFQ.

4.5 SOQs are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFQ.

Emphasis should be concentrated on conformance to the RFQ instructions, responsiveness to the RFQ requirements, and on completeness and clarity of content.

4.6 The SOQ shall be signed by the individual(s) legally authorized to bind the

Consultant.

4.7 The Long Beach Utilities Department reserves the right to reject any or all SOQs, or select the SOQ most advantageous to the Department. The Long Beach Utilities Department reserves the right to verify all information submitted in the proposal.

https://longbeachbuys.buyspeed.com/

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4.8 The Long Beach Utilities Department reserves the right to amend an RFQ or issue to all Proposers a Notice of Amendment to address questions for clarification.

4.9 Proposer may modify or amend its SOQ only if Long Beach Utilities Department receives the amendment prior to the deadline stated herein for receiving proposals.

4.10 If Proposer forms a joint venture, a copy of the joint venture agreement will be requested if Proposer is selected for award. Do not submit the joint venture agreement with the proposal.

4.11 A SOQ may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the SOQ. Proposer shall carefully follow the instructions under “Response Requirements” when preparing their proposal for submission.

4.12 SOQs shall be organized in two (2) distinct parts – the narrative/technical section and the cost section. The narrative/technical section will be reviewed first and then the cost section.

4.13 Upon award of contract, Consultant will be required to submit insurance according to the guidelines and requirements listed below:

INSURANCE. As a condition precedent to the effectiveness of this Contract, Contractor shall procure and maintain at Contractor’s expense for the duration of this Contract from an insurance company that is admitted to write insurance in the State of California or that has a rating of or equivalent to an A:VIII by A.M. Best and Company the following insurance:

a. Commercial general liability insurance equivalent in coverage scope to ISO

CG 00 01 10 93 which does not exclude coverage for liability resulting from XCU (explosion, underground, and collapse) perils, cross liability protection, sudden and accidental pollution and cleanup liability, mobile equipment, and products and completed operations liability and that names the Board of Utilities Commissioners, the City of Long Beach, and their officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate.

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b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One Million Dollars (US $1,000,000) per accident or occupational illness.

The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the Board of Utilities Commissioners, the City of Long Beach, and their officials, employees, and agents.

c. Commercial Automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) covering Symbol 1 (“any auto”).

d. Excess liability insurance on a following form basis insurance in excess of the coverage provided by (a) and (c), including, but not limited to, additional insured coverage, in an amount not less than Four Million Dollars ($4,000,000) per claim and in aggregate covering the services provided pursuant to this Contract.

Any self-insurance program or self-insurance retention must be approved separately in writing by LBUD and shall protect the Board of Utilities Commissioners, the City of Long Beach, and their officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions.

Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to LBUD, and shall be primary and not contributing to any other insurance or self-insurance maintained by LBUD.

Contractor shall deliver to LBUD certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless LBUD Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than one hundred eighty (180) days. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract. LBUD reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of LBUD Risk Manager. The procuring of insurance shall not be construed as a limitation on liability or as full performance of the indemnification provisions of this Contract.

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5. RESPONSE REQUIREMENTS

The Statement of Qualifications, not including the Appendices, shall be limited to 15 single-sided 8.5” x 11” pages with standard (1-inch) margins. Font shall be at least 11 point. Each page, including portfolio, must be clearly and consecutively numbered at the bottom of each page. SOQ portfolio shall not exceed an additional 5 single-sided 8.5” x 11” pages. Key team member resumes shall not exceed one page per person on core team. The total proposal length shall not exceed 15 pages, not including requested attachments

The information requested below will be used to evaluate the Consultant’s SOQ proposal based on the criteria outlined. Consultant may be deemed non-responsive, if they do not respond to all items below: A through J. SOQs may be deemed non-responsive if minimum requirements are not met.

Consultant’s proposal shall be clear, accurate and comprehensive. Excessive or irrelevant materials will not be favorably received.

SOQ shall be organized with headings in the order presented below:

A. Title page B. Scope of Services Understanding and Approach C. Experience of Firms D. References E. Subcontractors F. Portfolio G. Fee Schedule H. Certificate of Insurance I. Statement of Compliance J. Validity of Proposal

A. Title page

Vendor shall complete and sign the title page at the front of this document to identify submission.

B. Scope of Services Understanding and Approach

This section should demonstrate and understanding of the scope of services.

Consultant shall specify which of the five predominant service(s) categories Consultant is applying for. It should describe the general approach, organization, and staffing. The consultant shall include a matrix/summary identifying key personnel responsible for accomplishing all phases of the contract.

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C. Experience of Firms

Relevant experience of the consultants included in this RFQ shall be identified, including related work with public sector agencies such as City of Long Beach, Long Beach Water and other municipal utilities agencies. The focus should be on experience for municipal projects of similar complexity. Only recent projects, preferably projects completed in the past three years, should be included in this section. Do not include projects by the consultant unless the key staff proposed had a significant role in the project.

D. References

Consultant shall submit a minimum of three client references within the past three

(3) years similar in size and scope of services, who may be contacted by LBUD.

Please submit the three references on the proposer’s company letterhead.

E. Subcontractors

Consultant shall submit herein a list of any subcontractors they intend to contract with to meet the requirements of this RFQ.

F. Portfolio

Portfolio shall not exceed 5 pages. The portfolio shall include examples of design and communications projects completed by the consultant, specifically projects designed by staff assigned to this project. The portfolio can include reproductions of project items (brochure, poster, logos, style guides, etc.), screen shots, or other representations of projects. Items in the portfolio may be accompanied by a project description, including client, media used (print, electronic, etc.), or other details.

G. Fee Schedule

Consultant need only provide one copy of the fee schedule. Fee schedule shall include any additional platforms, equipment, services, etc. that might not be addressed in the RFQ scope of services.

H. Certificate of Insurance

Consultant shall state herein the willingness and ability to provide the required insurance coverage and Accord insurance form at the time of award. Insurance requirements are listed in Section 4 herein. The Long Beach Utilities Department shall request the actual Accord insurance form when recommendation for award is made.

I. Statement of Compliance

Include in this section either a statement of compliance with all parts of this solicitation (terms and conditions, scope of services, sample agreement, etc.) or a

13 | RFQ – Strategic Communications and Graphic Design Consulting Services listing of exceptions. The listing of exceptions may include: suggested rewording;

reasons for submitting the proposed exception; and any impact the proposed exception may have on the services to be provided, and suggested changes.

J. Validity of Proposal

Responses to this RFQ shall be valid for a minimum of six (6) months.

Submissions not valid for at least six (6) months will be considered non-responsive.

The Consultant shall state the length of time for which the submitted proposal shall remain valid.

6. SOQ EVALUATION AND SELECTION PROCESS

6.1. SOQs will be reviewed to verify compliance with submission instructions and response requirements. Any proposal not meeting these requirements may be deemed non-responsive.

SOQs shall be evaluated on the basis of the responses to all questions and requirements in this RFQ. The evaluation of a Consultant’s ability to provide the required services will be based on the written material submitted. Each SOQ will be competitively evaluated on the criteria listed below in no order of importance. A Selection Panel will review the SOQ and consider the following factors to select the most qualified firm(s).

• Experience and expertise on similar scope of services; Demonstrated competence;

• Expertise and availability of key personnel;

• Reasonableness of cost, timeliness and efforts proposed to meet the scope of requests;

• Conformance with the terms of this RFQ.

6.2. SOQs shall be kept confidential until a contract is proposed to be awarded by staff.

6.3. LBUD may also contact references provided, contact any Consultant to clarify any response, contact any current users of a Consultant’s services, solicit information from any available source concerning any aspect of the SOQ, and seek and review any other information deemed pertinent to the evaluation process.

Consultants should not misconstrue a request for clarification as negotiations.

6.4. SOQ evaluation will commence immediately following the review conducted by

LBUD staff. Consultants will be notified via email regarding status of Consultant’s

SOQ.

6.5. Interview Presentations. Long Beach Utilities Department reserves the right to interview prospective Consultants. If contacted, Consultants shall be prepared to attend an interview within one week of notification of interview if selected. LBUD reserves the right to provide interview topics and evaluation criteria in notification.

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6.6. Consultant Selection. LBUD staff may rank prospective Consultants. LBUD staff will convene to discuss and evaluate for purposes of determining the highest qualified Consultant(s) for requested services. LBUD may select zero, one, or multiple Consultants from each category of services offered.

6.7. Selected Consultant(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, LBUD reserves the right to negotiate a contract with another Consultant or withdraw the RFQ.

6.8. Following selection, prior to the start of contract negotiations, selected Consultant must submit to LBUD required insurance certificates (including listed subcontractors).

6.9. Any contract resulting from this RFQ shall not be effective unless and until approved by the Board of Utilities Commissioners.

7. PROTEST PROCEDURES

7.1. Who May Protest?

Only a Consultant who has actually submitted a SOQ is eligible to protest a is eligible to protest a contract awarded through a Request for Qualifications (“RFQ”). A Consultant may not rely on the protest submitted by another Consultant, but must timely pursue its own protest.

7.2. Time for Protest

A bidder/Consultant desiring to protest a bid/proposal shall file the protest within five (5) business days following the date of the electronic notification of intent to award. The General Manager, or designee, must receive the protest by the close of business on the fifth (5th) business day following the issuance of notice of intent to award.

7.3. Form of Protest

LBUD will post a notice of the intent to award a contract at least ten (10) business days before an award is made. The notice will be available to all Consultants who submitted a SOQ via the City’s electronic bid notification system at https://longbeachbuys.buyspeed.com.

A Consultant desiring to submit a protest for a SOQ must do so within five (5) business days of the electronic notification of intent to award. LBUD must receive the protest by the close of business on the fifth (5th) business day following posting of notification of intent to award the contract. Consultants are responsible for registering with the City’s electronic bid notification system and maintaining an updated Consultant profile. LBUD is not responsible for Consultants’ failure to obtain notification for any reason, including but not limited to failure to maintain https://longbeachbuys.buyspeed.com./

15 | RFQ – Strategic Communications and Graphic Design Consulting Services updated email addresses, failure to open/read electronic messages and failure of their own computer/technology equipment. LBUD’s RFQ justification memo will be available for review by protestors once the notification of intent to award has been posted via the City’s electronic bid notification system.

7.4. Additional Information

The protest must be in writing and signed by the individual who signed the SOQ or, if the Consultant is a corporation, by an officer of the corporation, and addressed to LBUD. Protests may be submitted via U.S. Mail, hand delivery or email, and must include a valid email address, street address and phone number sufficient to ensure that the Department’s decision concerning the protest will be received. Protests must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated and must refer to specific portions of the RFQ and attachments upon which the protest is based. Once the protest is received by LBUD, additional information on the protest will not accepted unless LBUD requests it.

7.5. Limitation of Remedy

The procedure and time limits set forth herein are mandatory and are the Consultant’s sole and exclusive remedy in the event of a protest. The Consultant’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a protest, including filing a Government Code Claim or initiation of legal proceedings.

8. TERM OF AGREEMENT

The initial term of the Agreement will be twelve (12) months from the contract. The Agreement may be extended by mutual agreement for up to three additional one-year periods in accordance with the terms and conditions stated herein. It is agreed that if any renewal is to be exercised, the Long Beach Utilities Department shall so notify the contractor prior to the expiration date.

9. BUSINESS LICENSE

The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license. Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. For more information, go to www.longbeach.gov/finance/business_license.

http://www.longbeach.gov/finance/business_license

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10. TERMS, CONDITIONS AND EXCEPTIONS

10.1. This contract will be for a period of one (1) year with three annual renewal options at the discretion of the Department. The contract term will not exceed 48 months.

10.2. LBUD reserves the right to alter, amend, or modify any provisions of this RFQ or issue to all Vendors a Notice of Amendment to address questions for clarification.

LBUD reserves the right to withdraw this RFQ, at any time prior to the award of a contract pursuant hereto, if it is in the best interest of the Department to do so.

10.3. LBUD reserves the right to waive informalities and minor irregularities in SOQs received.

10.4. LBUD reserves the right to reject any or all SOQs received prior to contract award.

10.5. LBUD shall not be obligated to accept the lowest priced SOQ, but will make an award in the best interest of the Department after all factors have been evaluated.

10.6. Any irregularities or lack of clarity in the RFQ should be brought to the Department designee’s attention as soon as possible so that corrective addenda may be furnished to prospective Consultants.

10.7. LBUD reserves the right to purchase additional items not listed on specifications.

10.8. SOQs shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements and the Consultant’s standard contract language. The omission of these documents may render a SOQ non-responsive.

10.9. Alterations, modifications or variations to a SOQ may not be considered unless authorized by the RFQ or by addendum or amendment.

10.10. SOQs which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

10.11. SOQs may be withdrawn by written notice received prior to the SOQ opening time.

10.12. The price and amount of this SOQ shall have been arrived at independently and without consultation, communication, agreement or disclosure with or to any other consultant, Contractor or prospective Consultant.

10.13. No attempt may be made at any time to induce any firm or person to refrain from submitting a SOQ or to submit any intentionally high or noncompetitive SOQ. All SOQs shall be made in good faith and without collusion.

10.14. Prices offered by Consultants in their SOQs are an irrevocable offer for the term of the contract and any contract extensions. The awarded Consultant agrees to provide the purchased services at the costs, rates and fees as set forth in their

17 | RFQ – Strategic Communications and Graphic Design Consulting Services

SOQ in response to this RFQ. No other costs, rates or fees shall be payable to the awarded Consultant for implementation of their SOQ.

10.15. LBUD is not liable for any costs incurred by Consultants prior to entering into a formal contract. Costs of developing the SOQs or any other such expenses incurred by the Consultant in responding to the RFQ, are entirely the responsibility of the Consultant, and shall not be reimbursed in any manner by the Department.

10.16. SOQ will become public record after the award of a contract unless the SOQ or specific parts of the SOQ can be shown to be exempt by law. Each Consultant may clearly label all or part of a SOQ as “CONFIDENTIAL” provided that the Consultant thereby agrees to indemnify and defend LBUD for honoring such a designation. The failure to so label any information that is released by LBUD shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

10.17. A SOQ submitted in response to this RFQ shall identify any subcontractors, and outline the contractual relationship between the awarded Consultant and each subcontractor. An official of each proposed subcontractor shall sign, and include as part of the SOQ submitted in response to this RFQ, a statement to the effect that the subcontractor has read and will agree to abide by the awarded Consultant’s obligations.

10.18. The awarded Consultant(s) will be the sole point of contract responsibility. LBUD will look solely to the awarded Consultant for the performance of all contractual obligations which may result from an award based on this RFQ, and the awarded Consultant shall not be relieved for the non-performance of any or all subcontractors.

10.19. The awarded Consultant must maintain, for the duration of its contract, insurance coverages as required by the City. Work on the contract shall not begin until after the awarded Consultant has submitted acceptable evidence of the required insurance coverages.

10.20. Each Consultant shall disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFQ.

Any such relationship that might be perceived or represented as a conflict should be disclosed. LBUD reserves the right to disqualify any Consultant on the grounds of actual or apparent conflict of interest.

10.21. Each Consultant shall include in its SOQ a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Consultant or in which the Consultant has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any SOQ. LBUD reserves the right to reject any SOQ based upon the Consultant’s prior history with the Department or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

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10.22. LBUD will not be liable for Federal, State, or Local excise taxes.

10.23. Execution of Attachment I of this RFQ shall constitute an agreement to all terms and conditions specified in the RFQ, including, without limitation, the Attachment II contract form and all terms and conditions therein, except such terms and conditions that the Consultant expressly excludes.

10.24. LBUD reserves the right to negotiate final contract terms with any Consultant selected. The contract between the parties will consist of the RFQ together with any modifications thereto, and the awarded Consultant’s SOQ, together with any modifications and clarifications thereto that are submitted at the request of the Department during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFQ, any modifications and clarifications to the awarded Consultant’s SOQ, and the awarded Consultant’s SOQ. Specific exceptions to this general rule may be noted in the final executed contract.

10.25. Consultant understands and acknowledges that the representations above are material and important, and will be relied on by the Department in evaluation of the SOQ. Any Consultant misrepresentation shall be treated as fraudulent concealment from the LBUD of the true facts relating to the SOQ and may result in termination of an awarded contract.

10.26. No announcement concerning the award of a contract as a result of this RFQ may be made without the prior written approval of the Department.

10.27. Consultants are advised that any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Long Beach Municipal Code Section 2.73 et seq, the Equal Benefits Ordinance. Vendors shall refer to attachment/appendix for further information regarding the requirements of the ordinance. All Vendors shall complete and return, with their bid, the Equal Benefits Ordinance Compliance form contained in the attachment/appendix.

Unless otherwise specified in the procurement package, Vendors do not need to submit with their bid supporting documentation proving compliance. However, supporting documentation verifying that the benefits are provided equally shall be required if the Vendor is selected for award of a contract.

10.28. All creative content as a result of this contract, including original sketches, drawings, models, illustrations, graphics, logos, videos and other artwork and materials become the property of LBUD, and shall be delivered to LBUD upon completion of services.

Attachment I | RFQ – Strategic Communications and Graphic Design Consulting Services

ATTACHMENT I:

CERTIFICATION OF COMPLIANCE

WITH TERMS AND CONDITIONS OF RFQ

COMMUNICATIONS, GRAPHIC DESIGN SERVICES

I have read, understand and agree to comply with the terms and conditions specified in this Request for Qualifications. Any exceptions MUST be documented.

YES _______ NO _______ SIGNATURE ____________________________________

EXCEPTIONS: Attach additional sheets if necessary. Please use this format.

EXCEPTION SUMMARY FORM

RFQ SECTION

NUMBER

RFQ PAGE

NUMBER

EXCEPTION (PROVIDE A DETAILED EXPLANATION)

Attachment II | RFQ – Strategic Communications and Graphic Design Consulting Services

ATTACHMENT II:

STATEMENT OF NON-COLLUSION

This proposal is submitted as a firm and fixed request valid and open for 90 days from the submission deadline.

This proposal is genuine and not sham or collusive nor made in the interest or in behalf of any person not herein named; the Vendor has not directly or indirectly induced or solicited any other Vendor to put in a sham proposal and the Vendor has not in any manner sought by collusion to secure for himself or herself an advantage over any other Vendor.

In addition, this organization and its members are not now and will not in the future be engaged in any activity resulting in a conflict of interest, real or apparent, in the selection, award, or administration of a subcontract.

Authorized signature and date

Print Name & Title

Attachment III | RFQ – Strategic Communications and Graphic Design Consulting Services

Debarment, Suspension, Ineligibility and Voluntary Exclusion Certification Please read Acceptance of Certification and Instructions for Certification before completing

As a current or potential vendor for the City of Long Beach (City) your firm, through its business relationship with the City, may be the recipient of federal grant funds. As such, the City is required to document that neither your business entity or organization, nor any of your principals are debarred, suspended, ineligible, or have voluntarily been excluded from receiving federal grant funds. Consistent with Executive Order No.

12549 Title 2 CFR Part 180 Subpart C, all potential recipients of federal grant funds are required to comply with the requirements specified below. By submission of proposal/bid/agreement, the undersigned, under penalty of perjury, certifies that the participant, nor any of its principals in the capacity of owner, director, partner, officer, manager, or other person with substantial influence in the development or outcome of a covered transaction, whether or not employed by the participant:

• Are not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, been suspended, debarred, voluntarily excluded or declared ineligible by a federal agency;

• Do not presently have a proposed debarment proceeding pending;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct;

• Have not, within a three (3) year period preceding this bid/agreement/proposal, had one or more public transactions (Federal, State, or local) terminated for cause or default.

If reorganization, management turnover, or a shift or change of principals’ status occurs, written notice must be submitted within 21 days. Subsequent disclosure of unfavorable information will be subject to thorough review and remedial action. Updated versions of this certification may be requested on a routine basis.

Where the potential prospective recipient of Federal assistance funds is unable to certify to any of the statement in this certification, such prospective participant shall attach an explanation to the applicable bid/agreement/proposal.

Business/Contractor/Agency

Name of Authorized Representative Title of Authorized Representative

Signature of Authorized Representative Date r20141001

ATTACHMENT III:

DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

CERTIFICATION

Attachment III | RFQ – Strategic Communications and Graphic Design Consulting Services

Acceptance of Certification

1. This bid/agreement/proposal or like document has the potential to be a recipient of Federal funds. In order to be in compliance with Code of Federal Regulations, the City requires this completed form. By signing and submitting this document, the prospective bidder/Vendor is providing the certification and acknowledgement as follows:

2. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.

3. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

4. The potential recipient of Federal assistance funds agrees by submitting this bid/agreement/proposal or like document that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

Instructions for completing the form, Attachment –Debarment Certification

1. The City of Long Beach sometimes receives Federal funding on certain purchases/projects. To ensure that the City is in compliance with Federal regulations we require this form to be completed.

2. The City of Long Beach checks the System for Award Management at www.sam.gov to make sure that Contractors who are awarded City contracts and/or purchase orders are not debarred or suspended. Prospective contractors should perform a search on this website for your company and or persons associated with your business.

3. If your business is in compliance with the conditions in the form, please have the appropriate person complete and sign this form and return with your bid/proposal/agreement.

4. If at any time, your business or persons associated with your business become debarred or suspended, we require that you inform us of this change in status.

5. If there are any exceptions to the certification, please include an attachment.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception, indicate to whom it applies, initiating agency and dates of action.

6. Note: Providing false information may result in criminal prosecution or administrative sanctions.

Attachment IV | RFQ – Strategic Communications and Graphic Design Consulting Services

ATTACHMENT IV:

W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION

[W-9 Form must be signed and dated, and submitted with proposal.]

[Form-Fillable PDF available at http://www.irs.gov/pub/irs-pdf/fw9.pdf] http://www.irs.gov/pub/irs-pdf/fw9.pdf

Attachment IV | RFQ – Strategic Communications and Graphic Design Consulting Services

Attachment V | RFQ – Strategic Communications and Graphic Design Consulting Services

ATTACHMENT V:

EQUAL BENEFITS ORDINANCE