Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
CITY OF HERCULES
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on April 12, 2022, between the City of Hercules , a California municipality (“City”), and Tripepi Smith, a Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.
2. Term. This Agreement will become effective on April 12, 2022 (“Effective Date”), and will terminate upon the full and satisfact ory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement. Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.
3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed FORTY-TWO THOUSAND THREE HUNDRED DOLLARS and TWENTY-SIX CENTS ($42,300.26), without prior written authorization by City , pursuant to the terms set forth in Attachment B on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.
3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.
3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .
Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.
4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.
Agreement No. 22-013
Council Resolution No. 22-025
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
5. Consultant’s Warranties.
5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practic es and standards for Consultant’s profession in the Bay Area.
5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.
5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.
6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:
City: Consultant:
City of Hercules Tripepi Smith
111 Civic Drive PO Box 52152
Hercules, CA 94547 Irvine, CA 92619
(510) 799-8200 (626) 536-2173
Attn: City Clerk Attn: Ryder Todd Smith
[email protected]
Copy to: Dante Hall Copy to: _____________________
[email protected] Email: _______________________
7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.
Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.
7.1 To the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.
8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insur ance coverage required by this S ection in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
8.1 The following insurance policies and limits are required for this Agreement:
8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of S ervices under this Agreement, with limits of at least $1,000,000.00 per occurrence.
8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.
8.1.3 Workers’ Compensation Insurance and Emp loyer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E XXXXXX*
*Consultant does not own
any vehicles
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices under this Agreement , in an amount no less than $1,000,000.00 combined single limit.
8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.
8.3 The CGL policy and the automotiv e liability policy must include the following endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.
(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.
9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.
9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.
9.2 Good faith participation in mediation pursuant to this S ection is a condition precedent to either Party commencing litigation in relation to the dispute.
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
10. Early Termination.
10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.
10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason a nd the effective date of the termination.
Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that p ayment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.
12. Records. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary .
Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.
13. General Provisions.
13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.
13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.
13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.
13.3.2 Compliance with the California Equal Pay Act . Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.
13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.
13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.
13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.
13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.
13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.
13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any s uch conflicting or inconsistent provisions.
13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver o f any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.
13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the P arty delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.
13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement.
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signature page follows.]
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Council Resolution No. <22-025> Election Opinion Poll Services Agreement
The Parties agree to this Agreement as witnessed by the signatures below:
CITY: Approved as to form:
s/_______________________________ s/__________________________________
________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Lauren Berges, City Clerk
Date: ___________________________
CONSULTANT: Tripepi Smith
Business Name
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
Attachments:
Attachment A: Scope of Services
Attachment B: Payment
Attachment C: Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy Attachment D: Contractor Acknowledgment of Compliance with the California Equal Pay Act
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E 5/4/2022
5/3/2022
5/5/2022
5/9/2022
PresidentRyder Todd Smith
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Scope of Services
Attachment A
SCOPE OF SERVICES
<Following Pages Attached - Scope of Services Details>
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Proposal submitted for:
Public Education Regarding Utility Users Tax and Charter City Proposal for Property Transfer Tax for Potential November 2022 Ballot Measure Submitted: April 12, 2022 By: Ryder Todd Smith, Tripepi Smith Co-Founder & President Jennifer Vaughn, Director DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 2 CITY OF HERCULES’S NEEDS Ballot Measure Public Outreach/Education – Time & Materials Based on the City of Hercules’s recent survey conducted by FM3 and the Lew Edwards Group, the City is perceived as doing a good job at managing its budget and finances, but 62% still believe the City has a need for additional funding. And, 67% were in favor of extending Measure C, the 8% Utility User Tax (UUT), which generates approximately $3.6 million to the City’s general fund. There was a correlation between those that perceived the need for additional funding and support for the measure. Respondents were equally split on whether they would be interested in adopting a city charter in order to establish a local property transfer tax. Albeit, this survey question did not include a proposed tax rate. It was simply to gauge whether there was an appetite for it. Voters are unsure whether the City should adopt a city charter with a limited capability of establishing a real property transfer tax. However, with additional communication and education, there’s a possibility for strengthened support. Project Approach Tripepi Smith has a solid track record of supporting education and outreach efforts around City ballot measures, especially sales tax measures. Tripepi Smith’s typical approach to these projects is “measure twice, cut once”: we work with key stakeholders (especially legal counsel) to produce approved written language upfront. Any external-facing content, whatever the medium, will only use that language. This allows us to streamline the outreach/education process, ensuring voters have all the facts they need well before an election. Our Creative Team of graphic artists, videographers and animators can transform this same written language into captivating visuals. When combined with a dedicated digital placement budget—such as Boosting Posts on Facebook—we can quantitatively prove we have reached a large portion of the City’s residents. Below are a few City webpages we used as hubs for facts regarding the measures we worked on. Those pages contain a variety of content we produced: informational mailers, animated videos, infographics, Frequently Asked Questions, etc. • Carson Measure K (sales tax): https://ci.carson.ca.us/Government/measureK.aspx • Grover Beach Measure F-20 (sales tax): https://www.grover.org/410/Measure-F-20 • Culver City Measure CC (sales tax): https://www.culvercity.org/City-Hall/Election-Information/Measure-CC-March-3-2020-Special-Election DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 3 Proposed Deliverables The service will be provided from April 15, 2022 through October 31, 2022—a period of six and a half months. Tripepi Smith Deliverables Education & Outreach Deliverables Quantity/Notes Project Management Ongoing for 6.5 months One-time Kickoff Call Up to two (2) hours Every-other-week Client Check-in Call Up to sixty (60) minutes per call; Agendized meetings, with to-do item “recap” emails after Content Production Create and publish social media post content (which we will use for Digital Placements—see below) 1 post per week; Graphic design included Technology Support Obtain custom website domain name and assist City’s IT Department with URL redirect Domain name purchase and hosting fees included for twelve (12) months Social Media Management & Monitoring Ongoing for 4 months Monitor local community-run social media groups/pages Up to one (1) hour per week Respond to City social media site comments and messages Unlimited Digital Placement (Ads) Creation & Management Ongoing for 4 months; excludes digital placement budget Produce and manage digital placements of social media posts Up to six (6) “Boosted Posts” for dual display on Facebook and Instagram Produce and manage digital placement of animated video One (1) “Boosted Post” for dual display on Facebook and Instagram Informational Mailer Excludes print & mail fees Informational mailer for City voters One (1) mailer; 8.5”x11”, double-sided, folded in half or tri-fold; Digital, ADA-compliant PDF version included for upload on City website Manage print & mail production process Can use City’s vendor or one of our choosing; Mailing via Every Door Direct Mail (EDDM) or City-provided mailing list DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 4 PROJECT WORK PLAN/SCHEDULE Education and Outreach Work Schedule Task Tentative Timeframe Kickoff Meeting with Stakeholders Month 1 Gain Access to All City Communication Tools and Assets Month 1 Review Public Opinion Research Month 1 Community Mailer Months 1-2 Content Production & Launches Months 3-6 Ongoing Management & Monitoring Months 3-6 Final Analysis and Report Month 6 DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E
Professional Services Agreement Agreement No. <22-013> City Attorney Approved, 082321 Payment
Attachment B
PAYMENT
<Following Pages Attached – Payment>
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 5 COST PROPOSAL Tripepi Smith recommends a Time & Materials model for executing the work detailed above. Below are simplified tables of the specific line items and the costs associated with them. Education & Outreach Deliverables Estimated Cost Project Management $11,700.00 Mailer Design $1,750.00 Social Media Management & Monitoring $4,000.00 Digital Placement (Ads) Creation & Management $2,875.00 Flyer/Handout Design $750.00 Website Setup Fee* $4,750.00 Annual Website Hosting Fee* $610.00 Website Content Management Fee $4200.00 TOTAL COST $30,635.00 Other Costs To avoid paying a ten percent (10%) agency fee for Tripepi Smith credit card purchases, the City can opt to pay service providers directly for the two items listed below. City To Pay Directly Estimated Cost Digital placement budget (for 7 placements) $5,000.00 Print and mail fees (per mail piece, via EDDM) $6,665.26 TOTAL COST $11,665.26 Service Fees Title Client Pays Directly Client Reimburses TS Print costs, digital advertising, media placement, voiceover/captions No Fees 10% Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include: Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience.
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 6 Digital Placements: Tripepi Smith is a Google Partner and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often, this comes with digital advertising fees. For this engagement, Tripepi Smith anticipates using Facebook’s and Instagram’s built-in “advertising” features to broaden the reach of informational and educational messaging. Hourly Rates for Ad Hoc Work The City may request work beyond the Scope of Service listed above. In such cases, we will use the Standard hourly ad hoc rates through June 30, 2022: Title Hourly - Standard Principal $300.00 Director $200.00 Art Director $200.00 Senior Business Analyst $160.00 Business Analyst $110.00 Junior Business Analyst $85.00 Senior Videographer/Animator $160.00 Photographer/Videographer $110.00 Senior Graphic Designer $145.00 Graphic Designer $110.00 Web Developer $160.00 Drone Operator $160.00 Annual Increase Tripepi Smith will increase the Standard hourly ad hoc rates for all resources by five percent (5%) or the regional CPI index—whichever is higher—on July 1, 2022. Those new hourly rates will remain in effect through June 30, 2023. Billing Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. We will invoice the City at the end of the month in which work was performed. *Website setup and hosting will be invoiced upon launch.
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E City of Hercules / Public Education Regarding Sunset of City’s UUT 7 Travel Costs Tripepi Smith does not anticipate any travel as part of this engagement. Video Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: Title Half Day Full Day Video Equipment $350 $550 Drone Equipment N/A $500 Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). “Full day” is defined as a shoot lasting four (4) or more hours. Three-hundred-fifty dollars ($350) for a half day of video equipment use. “Half day” is defined as anything under four (4) hours of video production. Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate).
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E Pag e 1
CONTRACTOR ACKNOWLEDGMENT OF CITY OF HERCULES NEPOTISM AND CRONYISM POLICY SECT
ION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name
SE
CTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SE
CTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid favoritism or discrimination in making decisions to award contracts for supplies, construction, maintenance, professional or other services. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person with whom she or he has a family relationship or a consensual romantic and/or sexual relationship, is regarded as a violation of t his Section. Nepotism and cronyism as defined in Section 2-3.402 are hereby prohibited from City contracting decisions to the full extent permitted by law.
I
have read Hercules Ordinance Number 486 and certify that I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 486.
If
circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SE
CTION D:
To Be Completed by Administrative Services Departmen t with the City of Hercules after Submission of the Completed Form by Contractor
Date Received by City By
Dante Hall 510-799-8200
Agreement No. 22-013
City Council Resolution 22-____
City Manager Election Opinion Poll Services
Agreement
X
Tripepi Smith 626-536-2173
PO Box 52152 Irvine CA 92619
X
XXXXXXXXXXXX
via DocuSign
XXXXXXXXXXXXX
via DocuSign
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E Ryder Todd Smith President
5/9/2022
CONTRACTOR ACKNOWLEDGMENT OF COMPLIANCE WITH CALIFORNIA EQUAL PAY ACT SECTION A:
To be completed by City Representative Prior to Distribution to Contractor:
City Representative Phone Project Spec No.
Department Contract/Proposal Name __
SECTION B:
This is an Original Revised form (check one). If Original, complete all that applies. If revised, complete Contractor Name and include any changed data.
Contractor/Consultant Name____________________ Phone
Street Address City State Zip
Type of Submission (Check One) Bid Proposal Qualification Contract/Agreement/Amendment SECTION C:
The undersigned Contractor’s Representative acknowledges by his or her signature the following:
It is the policy of the City of Hercules to avoid awarding contracts for supplies, construction, maintenance, professional or other services to contractors who are not in compliance with the equal pay requirements of the California Equal Pay Act.. The awarding of a contract or the approval of payments or expenses under a contract by a City Official, to a person or contractor not in compliance with the California Equal Pay Act, is regarded as a violation of this Section.
I have read Hercules Ordinance Number 534 and certify that I/we have not in the past 5 years been found to be in violation of the California Equal pay Act, and I/we have not knowingly, nor will I/we in the future, enter into a contract with the City of Hercules or accept payment from the City of Hercules when to do so is in violation of Ordinance Number 534 .
If circumstances require changing the information on this form while I/we have a bid, proposal, or qualifications under review, or while we are under contract with the City, we will amend this form within five business days.
Signature Date
Print Name of Signer Position
SECTION D:
To Be Completed by Administrative Services Department with the City of Hercules after Submission of the Compl eted Form by Contractor
Date Received by City By
Dante Hall 510-799-8200
Agreement No. 22-013
City Council Reso 22-_______
City Manager Election Opinion Poll
Services Agreement
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Tripepi Smith 626-536-2173
PO Box 52152 Irvine CA 92619
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via DocuSign
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via DocuSign
DocuSign Envelope ID: E08B7EF5-A05C-4954-958F-01FACE706E9E Ryder Todd Smith
5/9/2022
President