Vexing - Bid Cat 2 & 6.pdf

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 1 (Rev 2023-05-23)

EXHIBIT A-1 – BIDDER’S CERTIFICATION

Competitive Solicitation: No. 20422 – Communications & Marketing Services

Contract Categories and Subcategories for which Bidder is submitting a Bid:

Check appropriate box(es)

☐ Category 1 – Advertising & Marketing Campaigning

☒ Category 2 – Brand Development

☐ Category 3 – Photography ☐ Subcategory A - Portrait ☐ Subcategory B – Inside Events ☐ Subcategory C- Outside Events ☐ Subcategory D - Landscapes

☐ Category 4 – Social Marketing Campaign

☒ Category 5 – Graphic Design

☒ Category 6 – Video Production & Editing ☒ Subcategory A - Events ☒ Subcategory B- Documentary ☒ Subcategory C - Scripted

Bidder: Vexing Media LLC Type/print full legal name of Bidder

Bidder’s Address: 905 W, Riverside Ave Ste 416 Spokane, WA 99201 Type/print Bidder’s Address

Bidder Organization Type:

Check appropriate box

Corporation: ☐ Domestic ☐ Foreign

Limited Liability Company (LLC): ☒ Domestic ☐ Foreign

Partnership: ☐ Domestic ☐ Foreign

Sole Proprietorship: ☐

* Note: A sole proprietorship is an unincorporated business owned and run by an individual with no distinction between the business and the owner. It is not a legal entity. It simply refers to a person who owns the business and is personally responsible for its debts and who pays personal income taxes on profits earned from the business.

If you are a bidder who operates a business on your own, you automatically are a sole proprietor unless you have adopted a business structure (e.g., corporation, LLC, partnership).

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 2

State of Formation for Corp./LLC/Partnership :

Washington Type/print the state where the corporation, LLC, or partnership is formed – e.g., ‘Washington’ if domestic and the name of the state if ‘Foreign’ (i.e., not Washington)

Doing Business Under Another Name:

Check appropriate box

State whether Bidder has been doing business under another name during the past five years:

☒ Bidder has NOT done business under another name

☐ Bidder HAS done business under another name

If Bidder HAS done business under another name, provide the name(s) and addresses:

Name:

Address:

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief that the following are true, complete, correct, and made in good faith:

1. UNDERSTANDING. Bidder certifies that Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the Competitive Solicitation and agrees to abide by the same.

2. ACCURACY. Bidder certifies that Bidder has carefully prepared and reviewed its bid and fully supports the accuracy of the same. Bidder further understands and acknowledges that Enterprise Services shall not be responsible for any errors or omission on the part of Bidder in preparing its bid. Bidder further certifies that the facts declared here are true and accurate. Bidder further understands and acknowledges that the continuing compliance with these statements and all requirements of the Competitive Solicitation are conditions precedent to the award or continuation of the resulting Contract.

3. NO COLLUSION, ANTI-COMPETITIVE PRACTICES, OR SHARING BID INFORMATION. Bidder certifies that Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Competitive Solicitation. Bidder further certifies that Bidder’s bid prices have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (a) those prices, (b) the intention to submit a bid, or

(c) the methods or factors used to calculate the prices offered. Bidder further certifies that Bidder has not been and will not knowingly disclose its bid prices, directly or indirectly, to any other bidder or competitor before award of a Contract, unless otherwise required by law. Bidder further certifies that Bidder has made no attempt and shall not make any attempt to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

Bidder, however, freely may join with other persons or organizations for the purpose of presenting a joint bid. Whether done directly or indirectly, communicating bid information with other bidders, collusion, or anti-competitive actions among bidders are prohibited. If there is

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 3 evidence of such communication, collusion, or anti-competitive activities among bidders, Enterprise Services reserves the right to disqualify such bidders.

4. FIRM OFFER. Bidder certifies that its bid pertaining to the above-referenced Competitive Solicitation is a firm offer which cannot be withdrawn for a time period of ninety (90) days from and after the bid due date specified in the Competitive Solicitation. Enterprise Services may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder’s bid shall remain valid for such time period or until the protest and any related court action is resolved, whichever is later.

5. CONFLICT OF INTEREST. Bidder certifies that, in preparing its bid, Bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Competitive Solicitation or prospective Contract and who was assisting in other than the employee’s official, public capacity. Bidder further certifies that no such current or former public employee nor any member of such person’s immediate family have any financial interest in the outcome of Bidder’s bid.

6. NO REIMBURSEMENT. Bidder certifies that Bidder understands that the State of Washington will not reimburse Bidder for any costs incurred in the preparation of Bidder’s bid. All bids become the property of the State of Washington, and Bidder claims no proprietary right to the ideas, writings, items, or samples unless so stated in the bid.

7. PERFORMANCE. Bidder certifies that Bidder understands that its submittal of a bid and execution of this Bidder’s Certification certifies Bidder’s willingness to comply with the Contract, if awarded such. By submitting this bid, Bidder hereby offers to furnish the goods and/or services solicited pursuant to this Competitive Solicitation in compliance with all terms, conditions, and performance requirements contained in this Competitive Solicitation and the resulting Contract or, if applicable, as detailed on a Contract Issues List, if permitted, in this Competitive Solicitation.

8. Insurance. Bidder certifies as follows (must check one):

☐ BIDDER HAS REQUIRED INSURANCE. Bidder has attached a current, valid Certificate of Insurance for each and all of the required insurance coverages as specified in the Contract (note: Bidder must attach the Insurance Certificate).

OR

☒ BIDDER WILL OBTAIN REQUIRED INSURANCE. Bidder does not have a current, valid Certificate of Insurance for each and all of the required insurance coverages as specified in the Contract but, if designated as the/an Apparent Successful Bidder, Bidder will provide such a Certificate of Insurance, without exception of any kind, to Enterprise Services within twenty-four (24) hours of such designation or notification by Enterprise Services or be deemed a nonresponsive bid.

OR

☐ BIDDER DOES NOT HAVE REQUIRED INSURANCE. As detailed on the attached explanation (Bidder to provide), Bidder does not have a current, valid Certificate of Insurance for each and all of the required insurance coverages as specified in the Contract and, if designated as the/an Apparent Successful Bidder would not be able to provide such a Certificate of Insurance to Enterprise Services within twenty-four (24) hours of such designation.

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 4

9. DEBARMENT. Bidder certifies as follows (must check one):

☒ NO DEBARMENT. Bidder and/or its principals are not presently nor has ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity within the United States.

OR

☐ DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity within the United States.

10. CRIMINAL OFFENCE. Bidder (including Bidder’s officers) certifies as follows (must check one):

☒ NO CRIMINAL OFFENSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract;

violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

☐ CRIMINAL OFFENSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

11. WAGE THEFT PREVENTION. Bidder certifies as follows (must check one):

☒ NO WAGE VIOLATIONS. Bidder has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

OR

☐ VIOLATIONS OF WAGE LAWS. Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 5

12. CIVIL RIGHTS. Bidder certifies as follows (must check one):

☒ COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS. Bidder complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

OR

☐ NON-COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS. Bidder does not comply with all applicable requirements regarding civil rights.

13. WORKERS’ RIGHTS (EXECUTIVE ORDER 18-03). Bidder certifies as follows (must check one):

☒ NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

☐ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAVERS FOR EMPLOYEES. Bidder requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

14. TERMINATION FOR DEFAULT OR CAUSE. BIDDER CERTIFIES AS FOLLOWS (MUST CHECK ONE):

☒ NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

☐ TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

15. TAXES. Bidder certifies as follows (must check one):

☒ TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

☐ DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

16. FINANCIALLY SOLVENT. Bidder certifies as follows (must check one):

☒ FINANCIALLY SOLVENT. Bidder is financially stable and solvent, has adequate cash reserves to meet all financial obligations, has not commenced bankruptcy proceedings voluntarily or otherwise, and is not subject to any judgments, liens, or https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 6 encumbrances of any kind affecting title to any Goods or Services that are the subject of this Competitive Solicitation.

OR

☐ NOT FINANCIALLY SOLVENT. As detailed on the attached explanation (Bidder to provide), Bidder is not financially stable and solvent – i.e., Bidder does not have adequate cash reserves to meet all financial obligations, has commenced bankruptcy proceedings voluntarily or otherwise, or is subject to a judgment, lien, or encumbrance that affects title to the Goods or Services that are the subject of this Competitive Solicitation.

17. LAWFUL REGISTRATION. Bidder, if conducting business other than as a sole proprietorship certifies as follows (must check one):

☒ CURRENT LAWFUL REGISTRATION. Bidder is in good standing in the State of Washington and the jurisdiction where Bidder is organized, including having timely filed all required annual reports.

OR

☐ DELINQUENT REGISTRATION. As detailed on the attached explanation (Bidder to provide), Bidder currently is not in good standing in the State of Washington and/or the jurisdiction where Bidder is organized.

NOTE: This certification applies only to bidders that are organized as separate legal entities (e.g., a corporation, partnership, limited liability company). If bidder is a sole proprietor, this certification should not be answered.

18. REGISTRATION WITH WASHINGTON SECRETARY OF STATE. Bidder certifies as follows (must check one):

☒ BIDDER IS REGISTERED WITH WASHINGTON SECRETARY OF STATE. Bidder is registered with the Washington Secretary of State, is in good standing, and has the following Unified Business Identifier (UBI) number: 602936258 .

OR

☐ BIDDER WILL REGISTER WITH WASHINGTON SECRETARY OF STATE. Bidder is not registered with the Washington Secretary of State but, if designated as the/an Apparent Successful Bidder, Bidder will register with the Washington Secretary of State to obtain a UBI number and provide proof of such registration satisfactory to Enterprise Services within twenty-four (24) hours of such designation or notification by Enterprise Services or be deemed a nonresponsive bid.

OR

☐ BIDDER IS NOT REGISTERED WITH WASHINGTON SECRETARY OF STATE. Bidder is not registered with the Washington Secretary of State and Bidder declines to register with the Washington Secretary of State. Note: Enterprise Services requires all awarded bidders (including Washington firms and out of state firms) to be registered with the Washington Secretary of State. Bidders who are not registered will not be awarded a Contract.

NOTE This certification applies only to bidders that are organized as separate legal entities (e.g., a corporation, partnership, limited liability company). If bidder is a sole proprietor, this certification should not be answered.

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 7

19. REGISTRATION WITH WASHINGTON STATE DEPARTMENT OF REVENUE. Bidder certifies as follows (must check one):

☒ BIDDER IS REGISTERED WITH WASHINGTON STATE DEPARTMENT OF REVENUE. Bidder is registered with the Washington State Department of Revenue, has a business license to do business in Washington, and has the following Unified Business Identifier (UBI) number: 602936258 .

OR

☐ BIDDER WILL REGISTER WITH WASHINGTON STATE DEPARTMENT OF REVENUE. Bidder is not registered with the Washington State Department of Revenue but, if designated as the/an Apparent Successful Bidder, Bidder will register with the Washington State Department of Revenue for a business license and provide proof of such registration satisfactory to Enterprise Services within twenty-four (24) hours of such designation or notification by Enterprise Services or be deemed a nonresponsive bid.

OR

☐ BIDDER IS NOT REGISTERED WITH WASHINGTON STATE DEPARTMENT OF REVENUE. Bidder is not registered with the Washington State Department of Revenue and Bidder declines to register with the Washington State Department of Revenue. Note: Enterprise Services requires all awarded bidders (including Washington firms and out of state firms) to be registered with the Washington State Department of Revenue. Bidders who are not registered will not be awarded a Contract.

20. SUBCONTRACTORS. Bidder certifies as follows (must check one):

☐ NO SUBCONTRACTORS. If awarded a Contract, Bidder will not utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation.

OR

☒ SUBCONTRACTORS. As detailed on the attached explanation (Bidder to provide), if awarded a Contract, Bidder will utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation. In such event, Bidder further certifies that, as to the State of Washington, Bidder shall retain responsibility for its subcontractors, including, without limitation, liability for any subcontractor’s acts or omissions. Note: Bidder must provide the precise legal name (including state of organization), business address, and federal tax identification number (TIN) for each subcontractor. Note: If the TIN is a SSN, do not provide the SSN.

21. WASHINGTON SMALL BUSINESS. Bidder certifies as follows (must check appropriate boxes):

☒ WASHINGTON SMALL BUSINESS. Bidder is a Washington Small Business as defined in RCW

39.26.010. To qualify as a Washington Small Business, Bidder must meet three (3) requirements:

☒ Location. Bidder’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel.

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 8

☒ Size. Bidder must be owned and operated independently from all other businesses and qualify as one of the following:

☒ Bidder Qualifies as a Small Business – i.e., ☒ Bidder has fifty (50) or fewer employees;

or

☒ Bidder has an annual gross revenue of less than $7,000,000 as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue over the previous three (3) consecutive years.

☐ Bidder Qualifies as a Minibusiness – i.e., Bidder has an annual gross revenue of less than $3,000,000, but $1,000,000 or more, as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue.

☒ Bidder Qualifies as a Microbusiness – i.e., Bidder has an annual gross revenue of less than $1,000,000 as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue.

☒ WEBS Certification. Bidder must have certified its Washington Small Business status in Washington’s Electronic Business Solution (WEBS).

OR

☐ NOT WASHINGTON SMALL BUSINESS. Bidder does not qualify as a Washington Small Business as set forth above.

22. CERTIFIED VETERAN-OWNED BUSINESS. Bidder certifies as follows (must check one):

☐ CERTIFIED VETERAN-OWNED BUSINESS. Bidder is a Certified Veteran-Owned Business under RCW 43.60A.190. To qualify as a Certified Veteran-Owned Business, Bidder must meet four (4) requirements:

51% Ownership. Bidder must be at least fifty-one percent (51%) owned and controlled by:

(a) A veteran as defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007;

(b) A person who is in receipt of disability compensation or pension from the department of veterans affairs; or

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 9

(c) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

Washington Incorporation/Location. Bidder must be either an entity that is incorporated in the state of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington.

WEBS Certification. Bidder must have certified its Veteran-Owned business status in Washington’s Electronic Business Solution

(WEBS).

WDVA Certification. Bidder must have provided certification documentation to the Washington Department of Veterans’ Affairs WDVA) and be certified by WDVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses).

OR

☒ NOT A CERTIFIED VETERAN-OWNED BUSINESS. Bidder does not qualify as a Certified Veteran-Owned Business as set forth above.

23. REFERENCES. Bidder certifies that the references provided to Enterprise Services have worked with Bidder and that such individuals and firms have full permission, without any additional requirement or release, to provide such references and information to Enterprise Services. Bidder hereby authorizes Enterprise Services (or its agent) to contact Bidder’s references and others who may have pertinent information regarding Bidder’s prior experience and ability to perform the Contract, if awarded. Bidder hereby authorizes such individuals and firms to provide such references and release to Enterprise Services information pertaining to the same.

24. WASHINGTON STATE ENTERPRISE LEADERSHIP COMPETENCIES – DIVERSITY, EQUITY, & INCLUSION. Bidder certifies as follows (must check one):

☒ UNDERSTANDS & WILL FOLLOW WASHINGTON STATE ENTERPRISE LEADERSHIP COMPETENCIES.

Bidder has reviewed, understands, and if awarded a Contract, will follow the Washington State Enterprise Leadership Competencies in performing such Contract and, if utilizing subcontractors, will ensure that such subcontractors also follow the Washington State Enterprise Leadership Competencies in performing such Contract.

OR

☐ DOES NOT FOLLOW WASHINGTON STATE ENTERPRISE LEADERSHIP COMPETENCIES. Bidder does not follow the Washington State Enterprise Leadership Competencies.

25. COOPERATIVE PURCHASING AGREEMENT. Bidder certifies as follows (must check one):

☒ BIDDER CAN SERVICE ALL ELIGIBLE PURCHASERS. Bidder understands that this Competitive Solicitation is to establish a cooperative purchasing agreement that may be used by Washington State Agencies, Oregon Cooperative Purchasing Program (ORCPP) Members, and other eligible purchasers to specified Categories of Communications & Marketing Services. Accordingly, if awarded a Contract, Bidder can and will service all eligible purchasers in Washington and Oregon.

OR

https://des.wa.gov/sites/default/files/public/documents/Training/LeadershipDevelopment/Leadership_Competencies.pdf?=420bb https://des.wa.gov/sites/default/files/public/documents/Training/LeadershipDevelopment/Leadership_Competencies.pdf?=420bb McLane, Angie (DES) Utilized this example, as it points to one specific point and the exact document, rather than the entire DEI site at OFM.

EXHIBIT A-1 – BIDDER’S CERTIFICATION: 20422 – COMMUNICATIONS & MARKETING SERVICES PAGE 10

☐ BIDDER CANNOT SERVICE ALL ELIGIBLE PURCHASERS. Bidder cannot service all eligible purchasers in Washington and Oregon.

26. WORK FOR HIRE. Bidder certifies as follows (must check one):

☒ BIDDER ACKNOWLEDGES THAT MATERIALS ARE CONSIDERED “WORKS FOR HIRE”. Bidder understands that all materials produced under this contract shall be considered ‘works for hire’ as defined by the U.S. Copyright Act and will be owned by Purchaser.

Purchaser shall be considered the author of such Materials. If the Materials are not considered ‘works for hire’ under the U.S. Copyright laws, Bidder hereby irrevocably assigns all right, title, and interest in such Materials, including all intellectual property rights, to Purchaser effective from the moment of creation of such Materials.

OR

☐ BIDDER CANNOT ACKNOWLEDGE THAT MATERIALS ARE CONSIDERED ‘WORKS FOR HIRE”. Bidder cannot acknowledge that Materials produced under this contract shall be considered “works for hire”.

Bidder further certifies that it shall provide immediate written notice to Enterprise Services if, at any time prior to a Contract award, Bidder learns that any of its certifications set forth herein were erroneous when submitted or have become erroneous by reason of changed circumstances.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am duly authorized to make these certifications on behalf of the Bidder listed herein.

BIDDER NAME: Vexing Media LLC Print Name of Bidder – Print full legal entity name of the firm submitting the Bid If Bidder is a sole proprietor, print the full legal name of the individual who is the Bidder submitting the Bid

By: ______________________________ Signature of Bidder’s authorized person

Brandon Smith Print Name of person making certifications for Bidder

Title: Chief Executive Manager Title of person signing certificate

Place: Spokane WA Print city and state where signed

Date: 11/8/23

Return this Bidder’s Certification to Procurement Coordinator at:

descontractsstrategy@des.wa.gov mailto:descontractsstrategy@des.wa.gov

EXHIBIT A-2 – BIDDER’S PROFILE: 20422 – COMMUNICATIONS AND MARKETING SERVICES PAGE 1 (Rev 2023-05-15)

EXHIBIT A-2 – BIDDER’S PROFILE

Subcategories for which Bidder is submitting a Bid:

Check appropriate box(es)

☐ Category 1 – Advertising & Marketing Campaigning

☒ Category 2 – Brand Development

☐ Category 3 – Photography ☐ Subcategory A - Portrait ☐ Subcategory B – Inside Events ☐ Subcategory C- Outside Events ☐ Subcategory D - Landscapes

☐ Category 4 – Social Marketing Campaign

☒ Category 5 – Graphic Design

☒ Category 6 – Video Production & Editing ☒ Subcategory A - Events

Type/print full legal name of Bidder

BIDDER INFORMATION

Legal name of Bidder:

Address of Bidder:

Note: This information must match the information from Bidder’s Business License.

Vexing Media LLC Business Name 905 W. Riverside Ave Ste 416 Address Spokane, WA 99201 City, State, Zip Code

Bidder’s Washington State Department of Revenue Registration Number/Unified Business Identifier (UBI) Number:

Note: A nine-digit UBI number is assigned to each registered businesses in Washington.

602936258

EXHIBIT A-2 – BIDDER’S PROFILE: 20422 – COMMUNICATIONS AND MARKETING SERVICES PAGE 2

BIDDER INFORMATION

Taxpayer Identification No. (TIN):

Note: Your TIN will be either a number issued by the IRS (e.g., Employer Identification Number, Federal Tax Identification Number) or a number issued by the Social Security Administration (i.e., your Social Security Number). Do Not provide a Social Security Number.

30-0660709

Is your firm certified as a minority or woman owned business with the Washington State Office of Minority & Women’s Business Enterprises (OMWBE)?

Yes ☐ No ☒

If yes, provide Bidder’s MWBE certification no.:

Is your firm a self-certified Washington State Small Business?

Note: See Exhibit A-1 – Bidder’s Certification for criteria to qualify as a Washington State Small Business.

Note: Regardless of size, a qualifying business must be owned and operated independently from all other businesses. In regard to size, the gross revenue thresholds, as reported on Bidder’s tax returns, are as follows:

Microbusiness: Annual gross revenue of less than one million dollars.

Minibusiness: Annual gross revenue of more than one million dollars, but less than three million dollars.

Small Business: Annual gross revenue of less than seven million dollars over each of the three prior consecutive years.

Yes ☒ No ☐

If yes, provide the location for Bidder’s principal place of business:

905 W. Riverside Ave Ste 416 Street Address Spokane WA 99201 City, State, Zip Code

If yes, what is your business size (based on annual gross revenue)?

Microbusiness ☒

Minibusiness ☐

Small Business ☒

Is your firm certified as a Veteran-Owned Business with the Washington State Department of Veteran Affairs?

Note: See Exhibit A-1 – Bidder’s Certification for criteria to qualify as a Certified Veteran-Owned Business.

Yes ☐ No ☒

If yes, provide Bidder’s WDVA certification no.:

CONTRACT MANAGEMENT POINTS OF CONTACT FOR BIDDER

Authorized Representative

Name: Brandon Smith Email: brandon@vexingmedia.com Phone: 509.868.6727

Contract Administrator

Name: Brandon Smith Email: brandon@vexingmedia.com Phone: 509.868.6727

EXHIBIT A-2 – BIDDER’S PROFILE: 20422 – COMMUNICATIONS AND MARKETING SERVICES PAGE 3

CONTRACT MANAGEMENT POINTS OF CONTACT FOR BIDDER

Sales Reporting Representative

Name: Brandon Smith Email: brandon@vexingmedia.com Phone: 509.868.6727

Sales Reporting Alternate

Name: Tom Dineen Email : tom@vexingmedia.com Phone: 509.981.5679

Management Fee Representative

Name: Brandon Smith Email: brandon@vexingmedia.com Phone: 509.868.6727

Management Fee Contact Alternate

Name: Tom Dineen Email: tom@vexingmedia.com Phone: 509.981.5679

Address for Enterprise Services to send management fee invoices:

Company name: Vexing Media LLC

Attn: Brandon Smith Address: PO BOX 1462 City/State/Zip: Spokane, WA 99210

Address for Enterprise Services to send legal notices:

Company name: Vexing Media LLC

Attn: Brandon Smith Address: PO BOX 1462

City/State/Zip: 99210

Signature Authority (if awarded a contract)

Name: Brandon Smith

Title: Chief Executive Manager

EXHIBIT A-2 – BIDDER’S PROFILE: 20422 – COMMUNICATIONS AND MARKETING SERVICES PAGE 4

REFERENCES

Provide a minimum of three (3) commercial (clients/customers) or government references for which bidder has delivered goods and/or services similar in scope as described in the Competitive Solicitation.

REFERENCE 1

Company Name:

Contact:

Phone:

Email:

Sister Sky, Inc Monica Simeon 509.993.7604 monica@sisterskyinc.com

REFERENCE 2

Company Name:

Contact:

Phone:

Email:

HMA Associates Carlos Velazquez 202.342.0676 cvelazquez@hmaassociates.com

REFERENCE 3

Company Name:

Contact:

Phone:

Email:

The NATIVE Project Joe Dressler 509.325.5502 jdressler@thenativeproject.org

PURCHASE CARDS (I.E., CREDIT CARDS)

Please indicate which types of purchasing (credit) cards are accepted (note: any card fees must be included in the unit price of the bid):

☒ Visa ☒ Master Card ☒ American Express ☒ Discover ☐ Other:

Return this Bidder’s Profile to Procurement Coordinator at:

descontractsstrategy@des.wa.gov mailto:descontractsstrategy@des.wa.gov

EXHIBIT B – PERFORMANCE REQUIREMENTS – AM3 PAGE 1

EXHIBIT B -1 – PERFORMANCE REQUIREMENTS -AM3

Subcategories for which Bidder is submitting a Bid:

Check appropriate box(es)

☐ Category 1 – Advertising & Marketing Campaigning

☒ Category 2 – Brand Development

☐ Category 3 – Photography

☐ Subcategory A - Portrait

☐ Subcategory B – Inside Events

☐ Subcategory C- Outside Events

☐ Subcategory D - Landscaping

☐ Category 4 – Social Marketing Campaign

☒ Category 5 – Graphic Design

☒ Category 6 – Video Production & Editing ☒ Subcategory A - Events

Instructions

1. In the Category Box above, select the Category and/or Subcategory in the drop-down menu.

2. Mark YES or NO if bidder meets each requirement in Bidder’s Compliance column.

EXHIBIT B – PERFORMANCE REQUIREMENTS – AM3 PAGE 2

3. In the Written Response column for every requirement that indicates a "Written Response Required," provide a written response that addresses how bidder will meet the requirement. Limited responses may receive lower scoring than those that demonstrate knowledge of the subject matter. Bidder can include screen shots or diagrams if needed. Written responses must not reference or link to any material outside of this document.

4. Submit the exhibit as a Microsoft Word document and without modifying the font or formatting. If you need to print out this document for any reason, note this document is size Legal 8.5” x 14”.

Please note: Not following any of the specified instructions may be grounds for the bid to be considered non-responsive.

PERFORMANCE REQUIREMENTS AND FACTORS

Requirement

ID

Performance Requirement and Stated Business Need

Points Available Bidder’s Compliance Written Response

1. Bidder or Bidder’s principal has a minimum three (3) years’ experience providing professional services. Pass/Fail

☒ Yes ☐ No No Written Response Required.

2. Number of projects completed by Bidder or Bidder’s principal in the last three (3) years. Pass/Fail

☒ Yes ☐ No

Written Response Required.

EXHIBIT B –2 NON-COST FACTORS & QUALIFICATIONS - CATEGORY 2 BRAND DEVELOPMENT – AM3 PAGE 1

EXHIBIT B-2 – NON-COST FACTORS & QUALIFICATIONS- CATEGORY 2 BRAND DEVELOPMENT – AM3

Bidder: Vexing Media, LLC Type/print full legal name of bidder company

This document outlines the Competitive Solicitation’s scored non-cost performance factors/qualifications for the services. This exhibit is for Category 2 Brand development. There are 750 points available for responses in this document.

Instructions

1. Bidder must fill out the legal name of bidder company above.

2. Requirement ID 3 bidder must provide a link to a Portfolio Website.

3. All samples submitted must be from personnel who will provide services if bidder is awarded a Cooperative Purchasing Agreement.

4. Requirement ID 1-2 and 3.1-3.4 require written responses. Failure to provide a response will constitute a nonresponsive bid.

5. All attachments must be clearly identified for the relevant category. Enterprise Services suggests labeling documents with the Requirement ID number.

6. Submittals shall be in Microsoft Word and/or Adobe PDF format. Enterprise Services may request clarification of the bidder’s submission during the responsiveness check. Any pages in excess as specified in the individual question will be deleted prior to forwarding the submittals to the evaluation team.

Please note: Not following any of the specified instructions may be grounds for the bid to be considered nonresponsive.

EXHIBIT B –2 NON-COST FACTORS & QUALIFICATIONS - CATEGORY 2 BRAND DEVELOPMENT – AM3 PAGE 2

NON-COST FACTORS & QUALIFICATIONS

Requirement

ID

Non-Cost (Projects and Key Personal) Requirements and Stated Business Need

Points Available Written Response

1. Number of branding projects completed by Bidder or Bidder’s principal on time to meet the customer deadline and at/or under budget in the last three (3) years.

50 points

Number of projects completed on time at budget: 100 Number of projects completed on time under budget: 0

2. How many years of experience does bidder's key personnel have: List experience of all key personnel, who will perform the services, if awarded.

100 points

Key Personnel 1 (Name, job title): Airam Gessner, Prinicpal, Graphic Design (and Creative Director) (Number of years with a brief description of experience):

20 years of experience in graphic design. He has a deep sense of creative aesthetics and specializes in providing clients with the that’s exactly how I envisioned it experience. Airam also has a diverse background, designing for fields such as governmental communications, public health, Tribal Nations, entertainment, and more. Creating award-winning designs is his expectation, as he combines brand awareness, outstanding user experience, and an inspiring visual calls-to-action. Whether the design is for print or digital materials, for a website or a display, for social media or a video, Airam customizes the work to meet and exceed their expectations. Holding an Associate of Arts and Sciences in Graphic Design from Spokane Falls Community College, his education and experience create a powerhouse designer.

Key Personnel 2 (Name, job title): Brandon Smith, Principal, Digital Media (and Chief Executive Manager) (Number of years with a brief description of experience):

20 years of experience in web development, coding, and the digital realm. Brandon is well versed in XHTML, CSS, JavaScript, PHP, ColdFusion, and MySQL, providing a team that can meet and work in any of the languages and content management systems WSSDA may leverage for the distribution of materials. His time in the digital realm provides a wide range of skills, including compliance with the American with Disabilities Act Section 508 Compliance Standards, allowing Vexing to ensure all our products are accessible to everyone using the highest standard. He regularly uses his Bachelor of Science in Computer Science he earned from Eastern Washington University for his work here, but it’s his unique perspective clients love. Congruent to the rest of the Vexing team, Brandon produces award-winning work, brings experience in cultural communications, and has led national, state, and local projects in a wide array of subjects. The common thread? The quality of the work Key Personnel 3 (Name, job title):Dr. Amanda Cantrell, Director of Communications (Number of years with a brief description of experience): 20 years of communications experience in various fields such as nonprofits, arts organizations, education, public health, governments, and more.

EXHIBIT B –2 NON-COST FACTORS & QUALIFICATIONS - CATEGORY 2 BRAND DEVELOPMENT – AM3 PAGE 3

She brings a history of creating award-winning campaigns for state and federal entities (7 in 2022) and leverages her diverse experience to expand her view of the work. This unique perspective provides for surprising, but successful, partnerships, an ability to microtarget an audience, and a comprehensive approach to communications, among others. Amanda brings almost 10 years of media buying experiences in local, state, and national environments. Her understanding of the changing media scene allows her to adjust a campaign when needed, and ensure the desired results are delivered. Amanda holds a Doctor of Public Administration from Valdosta State University, a Master of Science in Human Relations & Business (Business Communications) from Amberton University, two Bachelor of Science degrees, one in Communications and one in Theatre, from Texas A&M- Commerce, and an Associate of Arts in Performance from KD Conservatory. She also holds certifications in Leadership (Valdosta State) and Social PR Virtuoso (Shonali Burke Training).

Key Personnel 4 (Name, job title): Isaiah Gessner, Digital Marketing Specialist (Number of years with a brief description of experience): 3 years of experience, Isaiah is a growing professional, finishing his Bachelor of Science in Marketing, with a minor in Journalism and Communications from Eastern Washington University, which is expected to be done in 2023. Not to be underestimated, Isaiah is the current Editor-in-Chief for EWU’s publications. During this time on the team, he has worked with Vexing on content creation for all outlets, provides in-depth analysis of metrics, and views creating effective search engine optimization as one of the fun parts of the work.

Prior to joining Vexing, Isaiah worked on the marketing team of the Spokane Indians, partnering his analytical focus with digital marketing on some of the largest platforms, such as Google and Meta.

Key Personnel 5 (Name, job title): Maria Griffin, Researcher, Spo-Ka’Nay Enterprises (Subcontractor) (Number of years with a brief description of experience): 20 years of experience, Maria is the owner of Spo-ka-nay Enterprises, a Tribally focused communications and research firm. A member of the Spokane Tribe, Maria combines her lived experience as an Indigenous woman with her education, including a Bachelor of Science degree in Biology and Chemistry from Eastern Washington University, a Clinical Laboratory Science diploma (equivalent to a Master of Science in Biology) from Sacred Heart Medical Center School of Medical Technology, and a Master of Arts in English (Rhetoric, Composition, and Technical Communications) from Eastern Washington University. Her time in the medical field, followed by her time in communications, means she is able to translate the technical to easily understood common language. She can speak to providers and patients, and has done so in a variety of her previous experiences.

EXHIBIT B –2 NON-COST FACTORS & QUALIFICATIONS - CATEGORY 2 BRAND DEVELOPMENT – AM3 PAGE 4

Key Personnel 6 (Name, job title):

(Number of years with a brief description of experience):

Key Personnel 7 (Name, job title):

(Number of years with a brief description of experience):

Key Personnel 8 (Name, job title):

(Number of years with a brief description of experience):

Key Personnel 9 (Name, job title):

(Number of years with a brief description of experience):

Key Personnel 10 (Name, job title):

(Number of years with a brief description of experience):

repeat as needed.

Requirement

ID

Non-Cost Requirements - Project Samples

Points Available Written Response

3. Provide an electronic portfolio link showing four (4) branding projects samples completed within the past five

(5) years. Project samples should demonstrate your understanding of branding package, rebranding package, brand refresh, and event and program branding.

Portfolio should include a description, samples, deliverables, and any awards or recognition associated with each project. The portfolio will be evaluated based on the extent to which each of the branding examples demonstrates skills, quality, strategy, and guidelines.

600 points for all four (4) project samples. Each project sample worth up to 150 available points allocated among the criteria specified in 3.1 through 3.4.

Link to Portfolio Website (All 4 project samples must be in the link) https://drive.google.com/drive/folders/11e7aNUtSL9P0bot2bSDfb7ZMdUP3bCy-?usp=sharing

EXHIBIT B –2 NON-COST FACTORS & QUALIFICATIONS - CATEGORY 2 BRAND DEVELOPMENT – AM3 PAGE 5

One project sample must showcase diversity, equity, and inclusion principals and your teams ability to provide culturally appropriate and effective communications and marketing to overburdened, underserved audiences including non- English speakers, tribes, diverse cultural or gender groups, or those with disabilities.

3.1

Branding package 150 points

Written Response Required:

Bidder Submits Branding package: Include analysis and what planning was done to create this and include any logo and iterations; examples of templates; style/branding guide; color palette; implementation plan or brand strategy, which may include brand positioning and voice. (2-page limit for the description of the analysis and planning for this project sample.)

3.2

Rebranding package

150 points Written Response Required:

Bidder Submits Rebranding package: Include analysis and what planning was done to create this and include any original branding and brief narrative about rebrand case; logo and iterations; examples of templates;

style/branding guide; color palette; implementation plan or brand strategy, which may include brand positioning and voice. (2-page limit for the description of the analysis and planning for this project sample.)

3.3

Brand refresh

150 points Written Response Required:

Bidder Submits Brand refresh: Include summarized research results; original branding and brief narrative about refresh; logo and iterations; examples of templates; style/branding guide; color palette;

implementation plan or brand strategy, which may include brand positioning and voice. (1-page limit for the summarization of the research results for this project sample. )

3.4

Event or program branding

150 points Written Response Required:

Bidder Submits Event or program branding: Include logo and iterations; associated graphics; style/branding guide; color palette; implementation plan or brand strategy, which may include brand positioning and voice.

(1-page limit for the implementation plan and strategy for this project sample.)

RFP 20422 DES Communications, Exhibit

B-2 Non-Cost Category 2: Brand

Development, Amendment 3 Vexing Media Written Responses Category 2 Online Portfolio:

https://drive.google.com/drive/folders/11e7aNUtSL9P0bot2bSDfb7ZMdUP3bCy-?usp=sharing

3.1 Brand Packaging Portfolio:

https://drive.google.com/drive/folders/1ddO0vuF52day22XoezBzT_TZUySxDaaP?usp=sharing

3.2 Rebranding Package Portfolio: https://drive.google.com/drive/folders/1PSoW6VEJZBh9UK-fGuzVDTUMovkDYWZf?usp=sharing

3.3 Brand Refresh Portfolio:

https://drive.google.com/drive/folders/1HrRcoOYt8V8QX3cpYUdzI0Fj0R8mUe1G?usp=sharing

3.4 Event or Program Branding:

https://drive.google.com/drive/folders/15NfX4MU0QtWokoNu4MCGYx7IC_UBfc8D?usp=shari ng

2 Key Personnel Experience For brand development, the following two professionals would be the key personnel.

Airam Gessner, Principal, Graphic Design, is one of the founders of Vexing Media with over 25 years of experience in graphic design. He has a deep sense of creative aesthetics and specializes in providing clients with the that’s exactly how I envisioned it experience. Airam also has a diverse background, designing for fields such as governmental communications, public health, Tribal Nations, entertainment, and more. Creating award-winning designs is his expectation, as he combines brand awareness, outstanding user experience, and an inspiring visual calls-to-action. Whether the design is for print or digital materials, for a website or a display, for social media or a video, Airam customizes the work to meet and exceed their expectations. Holding an Associate of Arts and Sciences in Graphic Design from Spokane Falls

Community College, his education and experience create a powerhouse designer.

https://drive.google.com/drive/folders/11e7aNUtSL9P0bot2bSDfb7ZMdUP3bCy-?usp=sharing https://drive.google.com/drive/folders/1ddO0vuF52day22XoezBzT_TZUySxDaaP?usp=sharing https://drive.google.com/drive/folders/1PSoW6VEJZBh9UK-fGuzVDTUMovkDYWZf?usp=sharing https://drive.google.com/drive/folders/1PSoW6VEJZBh9UK-fGuzVDTUMovkDYWZf?usp=sharing https://drive.google.com/drive/folders/1HrRcoOYt8V8QX3cpYUdzI0Fj0R8mUe1G?usp=sharing https://drive.google.com/drive/folders/15NfX4MU0QtWokoNu4MCGYx7IC_UBfc8D?usp=sharing

Brandon Smith, Principal, Digital Media, a founding member of Vexing Media has more than

20 years of experience in web development, coding, and the digital realm. A compliment to

Thomas, Brandon is well versed in XHTML, CSS, JavaScript, PHP, ColdFusion, and MySQL, providing a team that can meet and work in any of the languages and content management systems WSSDA may leverage for the distribution of materials. His time in the digital realm provides a wide range of skills, including compliance with the American with Disabilities Act

Section 508 Compliance Standards, allowing Vexing to ensure all our products are accessible to everyone using the highest standard. He regularly uses his Bachelor of Science in Computer

Science he earned from Eastern Washington University for his work here, but it’s his unique perspective clients love. Congruent to the rest of the Vexing team, Brandon produces award-winning work, brings experience in cultural communications, and has led national, state, and local projects in a wide array of subjects. The common thread? The quality of the work.

Dr. Amanda Cantrell, Director of Communications, has over 20 years of communications experience in various fields such as nonprofits, arts organizations, education, public health, governments, and more. She brings a history of creating award-winning campaigns for state and federal entities (7 in 2022) and leverages her diverse experience to expand her view of the work. This unique perspective provides for surprising, but successful, partnerships, an ability to microtarget an audience, and a comprehensive approach to communications, among others.

Amanda brings almost 10 years of media buying experiences in local, state, and national environments. Her understanding of the changing media scene allows her to adjust a campaign when needed, and ensure the desired results are delivered. Amanda holds a Doctor of Public

Administration from Valdosta State University, a Master of Science in Human Relations &

Business (Business Communications) from Amberton University, two Bachelor of Science degrees, one in Communications and one in Theatre, from Texas A&M-Commerce, and an

Associate of…