CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: March 1, 2022
SUBJECT: Award of Professional Services Agreement for Marketing Services for Summer Trolley Program with Jovenville, LLC dba We The Creative
RECOMMENDATION
Staff recommends that the City Council:
1. Approve the Professional Services Agreement with Jovenville, LLC dba We The Creative in the not-to-exceed amount of $143,000 to provide Marketing Services for the Summer Trolley Program over five years;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $14,300 for additional work and authorize the Public Works Director/City Engineer to approve the additional work with Jovenville, LLC dba We The Creative, if needed, for a total not-to-exceed amount of $157,300; and,
3. Authorize the City Manager to execute the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non- substantive changes.
BACKGROUND
On January 21, 2020, the City Council approved the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the Project V Community Based Transit Circulator Program to implement a Summer Trolley Program (Trolley Program).
Pursuant to the Cooperative Agreement, OCTA will provide Project V funding in the amount not-to-exceed $886,082 for up to five years, and the City will provide a minimum 10% local match in the amount of $98,454. Funding from OCTA and the minimum City match are contingent on meeting minimum performance requirements tied to ridership.
More details are provided in the Fiscal Impact section of this staff report.
On July 21, 2020, the City Council adopted Resolution 2020-1333 in response to COVID- 19, requesting a two-year delay from OCTA to implement the Trolley Program. The delay provided the City with time to adapt to the effects of COVID-19.
This summer marks the end of the two-year delay. The Trolley Program is scheduled to begin on May 26, 2022 to coincide with Memorial Day weekend and run through Labor Day weekend between Thursday - Sunday, and Monday service for holidays.
Service Days Thursday Fri. - Sat. Sunday Monday*
Hours of Operation 9am - 9pm 10am - 10pm | 11am - 9pm 9am - 9pm Vehicle Capacity 20-passengers
Trip Frequency 20 minutes
* Holidays only
The bi-directional fixed route will include two trolley vehicles that will travel along Crown Valley Parkway and include Laguna Niguel City Hall and the Ritz Carlton, providing access to Sait Creek Beach and transfer options to the Dana Point Trolley, Laguna Beach Trolley, and several OCTA bus routes. The Trolley Program will operate for 15 weeks each summer with a 20-minute headway (the interval between vehicles moving in the same direction on the same route).
To operate the Trolley Program, the City will hire a transportation company with experience operating local government transit programs. To promote the Trolley Program, Staff recommends that a marketing company be retained with experience developing a branding and awareness campaign for local government transit programs.
The City will develop surveys to measure ridership satisfaction and methods to measure on-time performance. The City will also report these metrics to OCTA as required by the Cooperative Agreement and implement corrective actions to address any observed deficiencies.
In January 2022, staff published a Request for Proposals (RFP), shown in Attachment ", to hire an experienced marketing firm to promote the inaugural year of the Trolley Program and provide annual marketing support to coincide with the five-year term of the Trolley Program. The Trolley Program supports City Council Goal 4 (Infrastructure and Technology) of the City's Strategic Plan.
ANALYSIS
The RFP described the City's intent to develop a marketing, branding, communications, and public outreach campaign for the Trolley Program. The awarded Consultant will develop a Trolley Program logo, print materials (brochures, fact sheets, posters), a promotional video (less than one minute), and unique content to share via the City's social media platforms.
In response to the RFP, five proposals were received. The proposals were evaluated by an RFP selection committee based on the following five criteria: (1) Key Personnel; (2) Project Management; (3) Scope of Services; (4) Relevant Experience; and (5) Project Cost. The RFP Evaluation Summary can be found in Attachment "B". Below is a summary of the ranking and proposed cost to provide five years of marketing services in support of the Trolley Program. The Project V Community Based Transit Circulator
Program reimburses public agencies for the initial marketing costs to establish service as well as for ongoing marketing efforts. Copies of the proposals are on file with the City Clerk's Office.
Proposed
Rank Firm 5-Year Cost
1 Jovenville, LLC dba We The Creative (Recommended) $143,000 2 JPW Communications $154,000
Mob Media $148,845
4 KWSM $144,050
5 Penny Promotions $105,120
Following a review of the submitted proposals, the RFP selection committee convened to discuss their independent findings. From that process, it was determined that Jovenville, LLC dba We The Creative (We The Creative) represents the best overall value to develop a marketing, branding, communications, and public outreach campaign for the Trolley Program.
We The Creative is a marketing firm that has exclusively served government clients for the last 13 years. We The Creative is based in San Juan Capistrano, CA and has not only designed marketing materials for transit agencies (John Wayne Airport and OCTA), but they also provided the most customer references from local government agencies in the region, including work for the cities of Aliso Viejo, Anaheim, Burbank, Carlsbad, Glendale, Irvine, Long Beach, Pasadena, and Santa Monica. Reference respondents reported that the work completed by We The Creative was fresh and innovative, aligning with the vision of their respective marketing programs. In comparison, the four other proposals did not have the same level of experience developing marketing, branding, communications, and public outreach campaigns for local government agencies.
Current and future success of this program will be significantly enhanced by retaining a marketing firm specifically with transit experience. Staff recommends that the City Council approve the Professional Services Agreement with We The Creative (Attachment "C") in the not-to-exceed amount of $143,000 over five years to provide marketing services tor the Trolley Program. The Agreement will also include a not-to-exceed 10% contingency of the total contract in the amount of $14,300 for additional work, if needed, for a total not- to-exceed amount of $157,300.
ALTERNATIVES CONSIDERED
1. One alternative to the recommended action is to select a different firm that responded to the RFP and negotiate a contract with that firm. Staff does not recommend this alternative since staff believes it is in the best interest of the City to contract with We The Creative, due to their level of experience working with local government agencies.
2. The second alternative is to reject all proposals and rebid the RFP. Staff believes that re-advertising and rebidding the project will not result in a more qualified firm than We The Creative with a fair and competitive cost to provide Marketing Services for the Summer Trolley Program.
FISCAL REVIEW
Trolley Program costs are comprised of Capital and Operations & Maintenance (O&M) costs. Capital costs include the vehicle lease (for fixed route and special events), stop improvements (signage, furniture, shelters), and the initial marketing costs to establish service. O&M costs include driver management, vehicle maintenance, fuel, data collection, installation of the vehicle wrap, and ongoing marketing costs (after the initial year).
Reimbursement of Trolley Program costs through Project V is tied directly to the number of passenger boardings (per vehicle service hour) for maximum reimbursement. If passenger boardings meet or exceed the minimum requirements, OCTA will pay 90% of Trolley Program costs as stipulated in the Cooperative Agreement, and the City is responsible for a minimum of 10% of costs. However, if the Trolley Program does not meet these requirements on a quarterly basis, the reimbursement of costs pivots to a Maximum Subsidy per Passenger Boarding of $10.05 and could result in an increase in Trolley Program costs for the City. This means the actual match provided by the City may be greater than 10% depending upon ridership.
Pursuant to the Cooperative Agreement in Attachment "D" ", OCTA will provide Project V funding in the amount not-to-exceed $886,082 for up to five years, and the City will provide a minimum 10% local match in the amount of $98,454. The Trolley Program is budgeted in the Capital Improvement Program (CIP) budget and the Public Works Operating budget.
The Fiscal Year 2021-22 CIP budget includes adequate funding for the first year of costs proposed by We The Creative. Costs not covered by the Cooperative Agreement are available in the Fiscal Year 2021-22 Public Works Operating budget. Subject to City Council approval, funding for We The Creative will be budgeted in subsequent fiscal years in the CIP and Public Works Operating budgets.
LEGAL REVIEW
The City Attorney's Office has approved the Agreement and this staff report as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve the Professional Services Agreement with Jovenville, LLC dba We The Creative in the not-to-exceed amount of $143,000 to provide Marketing Services for the Summer Trolley Program over five years;
2. Approve a not-to-exceed 10% contingency of the total contract in the amount of $14,300 for additional work and authorize the Public Works Director/City Engineer to approve the additional work with Jovenville, LLC dba We The Creative, it needed, tor a total not-to-exceed amount of $157,300; and,
3. Authorize the City Manager to execute the Professional Services Agreement and future amendments to the agreement, subject to the City Attorney making non- substantive changes.
Never It Smis
Tamara S. Letourneau Kevin G. Ennis
City Manager City Attorney
Jacki Sco Russell Narahara
Public Works Director/City Engineer Senior Management Analyst Attachments:
A. RFP for Marketing Services for Summer Trolley Program B. RFP Evaluation Summary
C. Professional Services Agreement with Jovenville, LLC dba We The Creative for Marketing Services for Summer Trolley Program
D. OCTA Cooperative Agreement
ATTACHMENT A
RFP for Marketing Services for Summer Trolley Program
City of Laguna Niguel
Marketing Services for
Summer Trolley Program
Request for Proposals (RFP)
Issued: January 18, 2022 / Due: February 1, 2022 by 2:00 p.m. PST The City of Laguna Niguel (City) is requesting proposals from marketing companies (Consultant) to develop a marketing program to inform the community about the City's Summer Trolley Program (Trolley Program), a new program that starts on May 26, 2022. The Trolley Program is an annual program that starts each Memorial Day weekend and ends Labor Day weekend (and connects to the trolleys operated by the cities of Dana Point and Laguna Beach).
RFP Summary
RFP Title: Marketing Services for Summer Trolley Program Scope of Work: See Section I-7 (Scope of Work).
Project Budget: The project budget for the inaugural year of the Trolley Program is between $40,000 - $75,000. The project budget for the ongoing campaign is between $10,000 - $20,000. See Section 1-1 (Program Background) for more information.
RFP Submittal Information: Interested Consultants will submit a PDF copy of your Proposal, emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.)
Late proposals will not be accepted.
RFP Submittal Location: Laguna Niguel City Hall, c/o Russell Narahara 30111 Crown Valley Parkway, Laguna Niguel, CA 92677
RFP Due Date: February 1, 2022 by 2:00 p.m. PST
RFP Submittal Requirements: | Your proposal must include the information described in Section III (Proposal Form and Content) of this RFP.
Consultant proposals will be considered non-responsive if the proposal does not provide all the information requested in Section III.
Prior to Award of Contract: The successful Consultant must submit a Certificate of Insurance and related endorsements that meets the City's criteria as described in the draft Agreement (Attachment B of this RFP).
Pre-Proposal Meeting: None
RFP Questions: Questions regarding this RFP must be submitted in the form of an email with the RFP title in the subject heading. The deadline to submit questions is January 24, 2022 by 10:00 a.m.
PST. Questions should be addressed to the City Contact.
City Contact / Russell Narahara
Project Manager: Senior Management Analyst
City of Laguna Niguel
Phone: (949) 362-4313
Email: [email protected]
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 2 of 41 Table of Contents
Section I - Project Information .. ..5
1-1. Program Background .. 5
I-2. City Background .... 5
1-3. Trolley Program Route and Operation Plan.. ..6
I-4. Regional Trolley Map. ... 7
1-5. Pre-Launch of the Trolley Program.... ...8
I-6. Project Goals and Project Deliverables... ...8
I-7. Scope of Work . 9
Section II - RFP Process.. ..11
II-1. RFP Timeline.. 11
I1-2. RFP Questions and Responses.. .11
II-3. RFP Due Date and Opening .. 12
I1-4. RFP Evaluation Process. .. 12
II-5. Request for Council Action. ..13
II-6. Execution of Agreement. .. 13
II-7. Acceptance of Agreement.. ..13
Section III - Proposal Form and Content ... ..13
III-1. General Information ..13
III-2. Proposal Submission Requirements and Response Format . 14 III-3. Certification Statement .. 14
III-4. Letter of Transmittal. .. 15
III-5. Work Approach and Timeline... .. 15
.. 15
III-6. Experience.
III-7. Key Personnel... .. 15
III-8. Itemized Cost Proposal .. 15
III-9. Other Information . 16
Section IV - Evaluation / Selection of Proposals... ...16 IV-1. Clarifications ...16
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 3 of 41 IV-2. Proposal Evaluation and Selection ... .16
16 IV-3. Single or Multiple Contracts.
IV-4. Term. . 16
. 17
IV-5. Compensation
Section V - General RFP Information ...17
V-1. Public Records ..17
V-2. Cancellation ..17
V-3. Late Proposals . 17
V-4. Disputes.. .. 18
V-5. Proposer Certifications. .. 18
V-6. Nondiscrimination.. ..19
V-7. Proposed Liability.. .19
V-8. City Requests for Clarification, Additional Research, and Revisions .19 V-9. Rejection of Proposals.. ..20
V-10. Modification or Withdrawal of Proposal by Consultant ...21 V-11. Duration of Proposal.. ..21
V-12. Local, State, and Federal Requirements. ..21
Section VI - Form to be Submitted... ..21
VI-1. Certification Statement (submit with proposal). ..22 Attachment A - Shuttle Vehicle Wrap.. ..23
Attachment B - City's Sample Professional Services Agreement. ..24 City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 4 of 41
SECTION I - PROJECT INFORMATION
I-1. PROGRAM BACKGROUND
The City of Laguna Niguel (City) is soliciting proposals from qualified firms (Consultant) to develop a marketing, branding, communications, and public outreach campaign to coincide with the inaugural year of the City's new Summer Trolley Program (Trolley Program). The Consultant will have experience in traditional and nontraditional advertising, word of mouth advertising, social media, graphic design, research, and public relations. In addition to helping promote the inaugural year of the Trolley Program, the City is seeking an ongoing campaign that incorporates a wide range of marketing strategies that effectively promote, increase awareness and ridership, and implement branding of the Trolley Program to key audiences.
The Trolley Program operates each summer, between Memorial Day weekend and Labor Day weekend (approximately 15 weeks) and will run from Thursday through Sunday. Rides are free and service will begin at approximately 10:00 a.m. and end at approximately 10:00 p.m.
The Trolley Program will not utilize a traditional open-air trolley vehicle as used by regional cities such as Dana Point and Laguna Beach. Instead, the Trolley Program will operate using two ADA- compliant, 25-foot shuttle vehicles, each with a 20-person occupancy. The City intends on leasing the shuttle vehicles and has already designed a vehicle wrap (see Attachment "A").
The City was awarded a Project V grant by the Orange County Transportation Authority (OCTA) to operate the Trolley Program for up to five summers. The City will continue to receive Project V grant funds each year if the minimum Project V grant criteria is achieved. The criteria pertain to ridership (the number of people that utilize the Trolley Program each month) and therefore, the work of the Consultant to spread awareness of the Trolley Program within Laguna Niguel and the surrounding communities is important. The Trolley Program will continue if Project V grants funds are available. If the Trolley Program continues, the City desires the Consultant to continue the ongoing campaign in advance of each summer.
The project budget for the inaugural year of the Trolley Program is between $40,000 - $75,000.
The project budget for the ongoing campaign is between $10,000 - $20,000. 1-2. CITY BACKGROUND
The City of Laguna Niguel is a 14.72 square mile bedroom community with a population of approximately 67,208 located in Orange County, California. The City was incorporated on City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 5 of 41 December 1, 1989 as a master planned community and enjoys a strong retail and commercial environment. The City is known for its mild coastal climate, low crime rate, and its numerous parks and public trails. Over the course of the year, the temperature typically varies from 49°F to 78°F and is rarely below 43°F or above 86°F.
The median age in Laguna Niguel is 45.66 where 20% of the population is younger than age 17; 30% is between age 18 and 44; 32% is between age 45 and 64; and 18% is over the age of 65.
There are 27,061 dwelling units where 73% are owner occupied and 27% are renter occupied.
The median home price is $1,076,278.
Surrounding the City are the cities of Dana Point, Laguna Beach, San Clemente, and San Juan Capistrano. Each of the cities has an established trolley program. The Laguna Niguel Summer Trolley Program will connect with the trolley programs operated by Dana Point and Laguna Beach.
I-3. TROLLEY PROGRAM ROUTE AND OPERATION PLAN
The bi-directional fixed route ("fixed route") includes five stops, where only one of the stops (Laguna Niguel City Hall) is within the City's boundaries. The main point of interest is the stop in front of the Laguna Niguel Ritz Carlton in Dana Point, CA that offers access to Salt Creek Beach.
The stop is also used by the trolley programs operated by the cities of Dana Point and Laguna Beach. All trolley programs in the region are free for riders.
Stop
Stop Name
No.
Laguna Niguel City Hall
Pacific Coast Highway -
Southbound / Monarch Bay
Drive (connection to Laguna
Beach Trolley and OCTA Bus
Routes)
®
OCTA Bus Routes)
Pacific Coast Highway -
Northbound / Niguel Road
riley tod a TA Bus Routes
Pacific Coast Highway -
Legend Northbound / Monarch Bay
Road (connection to OCTA Bus
Routes)
Lane Had
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 6 of 41 Operation Plan
Attribute Total
Service days Thu Fri-Sat Sun
Number of vehicles 2 (with 1 back up vehicle)
Vehicle Capacity 20-passenger
Service hours/day
12 12 10
(per vehicle)
9:00 AM - 10:00 AM - 11:00 AM -
Hours of operation 9:00PM 10:00 PM 9:00 PM
Type of service Seasonal Shuttle Service
Trip frequency 20 minutes
Average Service Speed 18 Miles Per Hour
Route Distance (one-way) 4 miles
Daily Trips 36 36 30
1-4. REGIONAL TROLLEY MAP
This is the inaugural year for the Trolley Program, however, other cities in the region operate established trolley programs. Along the coast, the cities of Dana Point, Laguna Beach, San Clemente, and San Juan Capistrano operate trolley programs. All trolley programs in the region are free for riders.
Within each City, desirable landmarks are accessible nearby a trolley stop:
1. Dana Point: Doheny State Beach, Strands Beach, Dana Point Harbor
2. Laguna Beach: Heisler Park, Main Beach, Sawdust Art Festival
3. San Clemente: Del Mar Shopping District, Outlets at San Clemente, San Clemente Pier
4. San Juan Capistrano: Los Rios Historic District, Mission San Juan Capistrano The Trolley Program's main point of interest is the trolley stop in front of the Laguna Niguel Ritz Carlton in Dana Point. From there, riders can walk to Salt Creek Beach or transfer to the trolleys operated by Dana Point or Laguna Beach. Since all trolley programs are free, riders who starts in Laguna Niguel (ex: teenagers without driver's licenses) can choose to visit many interesting locations. A benefit of starting in Laguna Niguel is that parking at the Laguna Niguel City Hall lot is free and safe with the presence of an Orange County Sheriff Department sub-station.
To help riders understand how to transfer from the Trolley Program to the trolley programs operated by other cities, the City is currently developing a regional trolley map. The map is not yet available but once finalized, will provide riders with instructions how to travel to various landmarks. In developing their proposal to provide a marketing program, Consultant's should consider the regional approach to the Trolley Program. This is especially true because the Trolley City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 7 of 41 Program does not travel past any shopping districts or points of interest within Laguna Niguel (such as the Metrolink Station, Crown Valley Park, or Sea Country Senior and Community Center). 1-5. PRE-LAUNCH OF THE TROLLEY PROGRAM
To help inform the community about the Trolley Program before the official start date on Thursday, May 26, 2022, the City will park one shuttle vehicle (including the vehicle wrap) at the list of locations below. The Consultant will design a double-sided advertisement that will be displayed next to the parked shuttle vehicle. The Consultant will provide the design and the City will print and develop a plan to display the advertisement.
Friday, May 13, 2022 - Sunday, May 15, 2022
Location: Crown Valley Park (29751 Crown Valley Parkway, Laguna Niguel) Purpose: Advertise during a special City sponsored event called "Jurassic Trails" Monday, May 16, 2022 - Tuesday, May 17, 2022
Location: Laguna Niguel City Hall (30111 Crown Valley Parkway, Laguna Niguel) Purpose: Advertise to the public from one of the five Trolley Program stop locations Wednesday, May 18, 2022 - Friday, May 20, 2022
Location: Aliso Niguel High School (28000 Wolverine Way, Aliso Vijo) Purpose: Advertise to a local high school
Saturday, May 21, 2022 - Sunday, May 22, 2022
Location: Ocean Ranch Village (32391 Golden Lantern, Laguna Niguel) Purpose: Advertise at a popular shopping destination
Monday, May 23, 2022 - Wednesday, May 25, 2022
Location: Aliso Village Shopping Center (23966 Aliso Creek Rd, Laguna Niguel) Purpose: Advertise at a popular shopping destination
* Parking the shuttle vehicle at Aliso Niguel High School, Ocean Ranch Village, and Aliso Village Shopping Center is contingent on the City receiving approval to park the shuttle vehicle. In case approval is not provided, the City will work with the awarded Consultant on different locations where the shuttle vehicle can be parked without issue.
I-6. PROJECT GOALS AND PROJECT DELIVERABLES
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 8 of 41 If effective marketing is critical for the success of an existing transit program, it is doubly so for a new program. For this reason, the City seeks to partner with an experienced Consultant that can effectively introduce the community to the Trolley Program.
The awarded Consultant will provide marketing services as outlined in Section I-7 (Scope of Work). The Marketing Program will be considered successful if the following project deliverables are met:
1. The Consultant understands the aggressive timeframe between the City Council award of contract (March 1, 2022) and the beginning of the Trolley Program on May 26, 2022.
2. Regarding the inaugural year of the Trolley Program, the Consultant will successfully deliver on all strategies in their submitted proposal before May 26, 2022.
3. The Consultant will film the content for the two promotional videos between May 10-12, 2022 and complete the final videos by May 19, 2022.
4. The City intends on awarding a multi-year agreement to the Consultant (until September 30, 2026) contingent on the receipt of funding from OCTA. If funding is no longer provided by OCTA, the City will no longer require the services of the Consultant.
5. The Consultant will communicate with the City on a regular basis to ensure the success of the proposed marketing program for the Trolley Program.
I-7. SCOPE OF WORK
The awarded Consultant will develop an itemized proposal that includes the services listed in this section of the RFP. Depending on the total cost of the proposal, the City will determine which services to award in consideration of the City's budget. The project budget for the inaugural year of the Trolley Program is between $40,000 - $75,000. The project budget for the ongoing campaign is between $10,000 - $20,000.
Inaugural Year (May 26, 2022 - September 5, 2022)
1. Branding and Identity Strategy: Develop a campaign for the Trolley Program with a logo and tagline to stimulate the community.
2. Graphic Design Strategy: Produce materials such as brochures, fact sheets, flyers, graphics, posters, and other collateral that are targeted at two demographics (under 18 and over 18 years of age).
3. Media Strategy:
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 9 of 41 a. Video: Plan, write, shoot, and edit two promotional videos. One video will be less than 60 seconds to share on social media. The second video will be a longer version for the City's website and YouTube page. Filming will take place between May 10-12, 2022. The final videos should be available by May 19, 2022 (as the Trolley Program starts on May 26, 2022). Itemize the cost to provide actors/actresses for the video. Depending on the cost, the City may provide actors/actresses at no cost.
b. Media Package: Develop a media package that contains the logo, images and copy formatted for sharing on social media, the City website, and other platforms.
Photos in the media package should include actors/actresses representing two demographics (under 18 and over 18 years of age). Itemize the cost to provide actors/actresses for the video. Depending on the cost, the City may provide actors/ actresses at no cost.
4. Promotional Items: Recommend branded items that will help promote the Trolley Program. If the City desires promotional items, the City will place the order (separate from the contract with the Consultant). That way, the Consultant is compensated for the recommendations, but the Consultant's contract budget is not used for the items.
5. Social Media Strategy: Evaluate the City's existing social media platforms (Facebook, Twitter, YouTube, and Instagram). Develop a social media strategy to promote the Trolley Program that includes 15 unique posts (to coincide with the 15 weeks the program will operate between Memorial Day and Labor Day weekends). Posts should target two demographics (under 18 and over 18 years of age).
6. Other Strategies: Recommend other creative strategies based on your experience. Make certain to itemize these strategies so the City can understand the cost in relation to overall budget.
Ongoing Campaign (Each summer between May 2023 - September 2026) The City was awarded a Project V grant by the Orange County Transportation Authority (OCTA) to operate the Trolley Program for up to five summers. The City will continue to receive Project V grant funds each year if the minimum Project V grant criteria is achieved. The criteria pertain to ridership (the number of people that utilize the Trolley Program each month) and therefore, the work of the Consultant to spread awareness of the Trolley Program within Laguna Niguel and the surrounding communities is important. The Trolley Program will continue if Project V grants City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 10 of 41 funds are available. If the Trolley Program continues, the City desires the Consultant to continue the ongoing campaign in advance of each summer.
Regarding the ongoing campaign, the Consultant will recommend their strategy to the City, and provide the itemized cost for each strategy.
SECTION I1 - RFP PROCESS
II-1. RFP TIMELINE
The following is the anticipated RFP Timeline. The timeline is subject to change as additional time is needed. Any timeline changes will be communicated via addendum.
Milestone Date
RFP Issued January 18, 2022
Due date for RFP Questions January 24, 2022 by 10:00 a.m. PST Responses Provided to RFP Questions January 26, 2022
RFP Submittal ("RFP Due Date") February 1, 2022 by 2:00 p.m. PST City Council Award of Project March 1, 2022
Video Production May 10-19, 2022
Trolley Program Starts Thursday, May 26, 2022
I1-2. REP QUESTIONS AND RESPONSES
Consultants interested in submitting a proposal are asked not to contact other City staff or City Council Members in connection with the RFP prior to the City Council Award of Project.
Please email all questions pertaining to the RFP to the City Contact on or before January 24, 2022 by 10:00 a.m. PST. No questions will be accepted via phone. Once all questions are received, the City will summarize all questions and their responses in an addendum to the RFP. The addendum will be provided by January 26, 2022. The addendum will be posted to the City's website:
www.cityoflagunaniguel.org/bids.
In case additional clarifications need to be provided after January 26, 2022 and before the RFP Due Date, the City will post additional addenda to the City's website.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 11 of 41 Each Consultant is responsible for obtaining all addenda prior to submitting a proposal and shall acknowledge in the proposal receipt of each addendum as part of the proposal. Failure to acknowledge receipt of all addenda as part of the proposal may result in rejection of the proposal.
I1-3. RFP DUE DATE AND OPENING
Proposals are due on or before the RFP Due Date, February 1, 2022 by 2:00 p.m. PST.
Proposals will be addressed to the City Contact:
Laguna Niguel City Hall
c/o Russell Narahara
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Interested Consultants will submit a PDF copy of your proposal, emailed to the City Contact or provided via cloud service (Dropbox, Google Drive, OneDrive, etc.).
It is the responsibility of the Consultant to ensure the proposal was received by the RFP Due Date. Late proposals will not be accepted. The City will not publicly open or read proposals aloud.
II-4. REP EVALUATION PROCESS
This RFP is not a formal bid process governed by formal bid rules typically associated with public works contracts. The evaluation and selection process are based upon consideration of a variety of factors as described below. Accordingly, the City reserves the right to waive technical errors, alter submission dates, issue subsequent requests for proposals, etc.
An assigned team from the City will be used to evaluate the proposals. The selection will be made based on the recommendation of the team and presented to the City Council for actual adoption and agreement execution. The individual rating and/or evaluation forms prepared by the team members will not be revealed but a summary of the evaluation results will be presented to the City Council.
Emphasis will be placed on the following factors to select the most qualified Consultant:
1. Key Personnel
2. Project Management
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 12 of 41
3. Scope of Services
4. Relevant Experience
5. Project Cost
Selection by the City shall be based on demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and shall not be awarded solely based on project cost. Selection will be made to ensure that such services are engaged based on demonstrated experience and qualifications at fair and reasonable prices to the City.
11-5. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the City's review team, the City will recommend a Consultant for award of contract at a City Council Meeting. The selected Consultant will enter into an agreement with the City based upon the contents of the RFP and the Consultant's proposal.
Consultants not chosen will be informed after the City Council Meeting.
II-6. EXECUTION OF AGREEMENT
A sample Professional Services Agreement is attached herein as an Attachment "B". The term of the Agreement will begin after the Agreement is fully executed and a certificate of insurance and related insurance endorsements that meet the City's standards have been received and approved.
II-7. ACCEPTANCE OF AGREEMENT
After the City Council awards the project, the City will work to fully execute the Professional Services Agreement (Attachment "B"). The term of the Professional Services Agreement will be until September 30, 2026 or, until OCTA discontinues funding for the Trolley Program.
SECTION III - PROPOSAL FORM AND CONTENT
III-1. GENERAL INFORMATION
The City reserves the right to retain all proposals submitted. Submission of a proposal indicates Consultant's acceptance of the conditions contained in this RFP, unless clearly and specifically City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 13 of 41 noted in the proposal submitted and confirmed in the contract between the City and the Consultant selected.
The City reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the City. Any Consultant may withdraw their proposal, without obligation, at any time prior to the RFP Due Date. A withdrawal will not be effective unless made personally to the City Contact prior to the RFP Due Date. Proposals may later be referred to the City Council for appropriate action.
Proposals must be valid for a minimum of 90 days.
III-2. PROPOSAL SUBMISSION REQUIREMENTS AND RESPONSE FORMAT Consultant is responsible for preparing a well-organized and concise written proposal. Emphasis should be on completeness, clarity of content, and cost effectiveness of the proposal.
To be considered for selection, Consultants must submit a complete response to this RFP that includes the following mandatory information and/or requirements in the following format and order. Failure to provide any of the information requested below may be cause for the proposal to be considered non-responsive.
1. Certification Statement
2. Letter of Transmittal
3. Work Approach and Timeline
4. Experience
5. Key Personnel
6. Itemized Cost Proposal
7. Other Information
Additional guidelines for the mandatory information and/or requirements listed above are described in the next sections.
III-3. CERTIFICATION STATEMENT
All submitted proposals must contain a signed certification statement (see Section VI-1).
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 14 of 41 111-4. LETTER OF TRANSMITTAL
All proposals must include a cover letter addressed to the City's Project Manager and signed by a duly constituted official legally authorized to bind the Consultant to both its proposal and cost schedule. The cover letter must include the name, address, phone number, and email address of the Consultant's main point of contact (to whom the City should direct correspondence). The main point of contact can be different that the Consultant's Project Manager.
III-5. WORK APPROACH AND TIMELINE
Describe the Consultant's approach and timeline to providing the marketing services described in the Scope of Work outlined in this RFP.
III-6. EXPERIENCE
Describe the Consultant's capabilities and experience. List Consultant's experience working with similar projects. Note: The focus should be on recent and local project experience that is relevant to the Scope of Work outlined in this RFP.
III-7. KEY PERSONNEL
Provide an overview of the key personnel that will staff this project. Submit a resume or other breakdown listing the experience of key personnel.
I1I-8. ITEMIZED COST PROPOSAL
Provide an itemized cost proposal to provide the marketing services described in the Scope of Work outlined in this RFP. Make certain to itemize the following costs and provide a total:
1. Design of a double-sided advertisement as described in Section I-5 (Pre-Launch of the Trolley Program)
2. Branding and Identity Strategy
3. Graphic Design Strategy
4. Media Strategy - Video*
5. Media Strategy - Media Package*
6. Promotional Items
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 15 of 41
7. Social Media Strategy
8. Other Strategies
9. Ongoing Campaign - Year Two (Summer of 2023)
10. Ongoing Campaign - Year Three (Summer of 2024)
11. Ongoing Campaign - Year Four (Summer of 2025)
12. Ongoing Campaign - Year Five (Summer of 2026)
* Itemize the cost to provide actors/actresses for the video.
III-9. OTHER INFORMATION
Provide additional information to help the City's review team evaluate your proposal in comparison to the proposal(s) submitted by other Consultants).
SECTION IV - EVALUATION / SELECTION OF PROPOSALS
IV-1. CLARIFICATIONS
The City reserves the right to seek written clarification of each proposal submitted. The City also reserves the right to require other evidence of minimum qualifications, technical, managerial, financial, or other abilities prior to selection.
IV-2. PROPOSAL EVALUATION AND SELECTION
The City will select a Consultant based on the evaluation of the submitted proposals. The City reserves the right to request a Best and Final Offer (BAFO) from the top ranked Consultants. The City will recommend the award of contract to the highest ranked and responsive Consultant.
IV-3. SINGLE OR MULTIPLE CONTRACTS
The City will award only one Consultant to provide all services described in this RFP. If multiple Consultant's desire to work together, one Consultant will enter a contract with the City and agree upon a method of compensation with the other Consultant(s), separate from the City.
IV-4. TERM
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 16 of 41 After the City Council awards the project, the City will work to fully execute the Professional Services Agreement (Attachment "B"). The term of the Professional Services Agreement will be until September 30, 2026 or, until OCTA discontinues funding for the Trolley Program.
IV-5. COMPENSATION
The contract will be negotiated on a not-to-exceed price for goods and services.
SECTION V- GENERAL REP INFORMATION
V-1. PUBLIC RECORDS
Responses to this RFP become the exclusive property of the City and are subject to the California Public Records Act. Those elements in each proposal which are trade secrets as that term is defined in California Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Consultants who indiscriminately identify all or most of their proposal as exempt from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret" , the Consultant agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney's fees, if any action or liability arising under the Public Records Act.
V-2. CANCELLATION
The City reserves the right to cancel this RFP or the contract award, at any time before execution of the contract by both parties, if cancellation is deemed to be in the best interest of the City. In no event shall the City have any liability for the cancellation of a contract award.
V-3. LATE PROPOSALS
All proposals that are not received by the RFP Due Date will not be considered and will not be returned to the Consultant. This includes proposals that are emailed.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 17 of 41 V-4. DISPUTES
In case of any doubt or differences of opinion as to the items or services to be furnished hereunder, or the interpretation of the provisions of this RFP, the decision of the City shall be final and binding upon all parties.
V-5. PROPOSER CERTIFICATIONS
By the act of submitting a Proposal in response to this RFP, the Proposer certifies that:
1. The Consultant has carefully examined all RFP documents, including the draft Agreement (attached as Attachment "B"), and all addenda, and fully understands the intention of the RFP is to perform all tasks as described in the Scope of Work of this RFP, and the proposal is made in accordance therewith. Except as otherwise noted as part of the proposal, the Consultant certifies that Consultant is ready, willing, and able to comply with all terms of the attached Agreement.
2. The Consultant is familiar with the local conditions under which the work will be performed.
3. The proposal is based upon the requirements described in the RFP, without exception, unless clearly stated in the response.
4. The Consultant accepts all of the terms of the City's Agreement and warrants that Consultant will fully meet all of the insurance requirements contained therein. If the Consultant wishes to amend or modify any terms of the Agreement, such amendment or modification must be stated in particularity in the Proposal. Proposed changes to the Agreement not stated at the time of proposal submission will not be considered. Changes stated will be considered but may not be agreed upon by the City for contract award. If the City does not agree with such noted changes, the Consultant may withdraw the proposed change, or the entire proposal and the City may elect to award the contract to the next highest ranked Consultant.
5. The Consultant certifies, and in the case of sole proprietorship, partnership, or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of Consultant's knowledge and belief, no elected official, employee, or person whose salary is payable, in whole or in part, by the City has a direct City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 18 of 41 or indirect financial interest in the proposal or in the services to which it relates, or in any of the profits thereof, other than as fully described in the Consultant's response to this RFP.
6. The Consultant has examined all parts of the RFP, including all requirements and contract terms and conditions thereof, and if its proposal is accepted, the Consultant shall accept the contract documents thereto, unless substantive changes are made in same without the approval of the Consultant.
7. The Consultant, if an individual, is of lawful age; is the only one interested in this proposal; and no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed Agreement.
8. The Consultant has quality experience providing the types of services and duties as described within the Scope of Work of this RFP.
9. The Consultant shall also certify Consultant's state of residence.
V-6. NONDISCRIMINATION
By the act of submitting a proposal in response to this RFP, the Consultant certifies, under penalty of perjury, that the Consultant has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.
V-7. PROPOSED LIABILITY
Consultants responding to this RFP do so solely at their expense, and the City is not responsible for any Consultant expenses associated with the RFP. By proposing, Consultants agree that doing so is at their own risk and the City shall have no liability related thereto. Finalists invited to participate in interview evaluations are responsible for scheduling and paying for their own travel arrangements. The City is not liable for any cost incurred by a Consultant in protesting any portion of the RFP documents or the City's selection decision.
V-8. CITY REQUESTS FOR CLARIFICATION, ADDITIONAL RESEARCH, AND REVISIONS City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 19 of 41 The City reserves the right to obtain clarification of any portion of a proposal or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a Consultant to timely respond to such a request for additional information or clarification may result in a finding that the Consultant is non-responsive and consequent rejection of the proposal.
The City may obtain information from any legal source for clarification of any proposal. The City need not inform the Consultant of any intent to perform additional research in this respect or of any information thereby received.
The City may perform, at its sole option, investigations of any Consultant. Information may include, but shall not necessarily be limited to, current litigation and contracting references. All such documents, if requested by the City, become part of the public record and may be disclosed accordingly.
The City reserves the right to request revisions of any proposal after the date and time due and before award for the purpose of obtaining best and final offers.
V-9. REJECTION OF PROPOSALS
The City reserves the right to reject any or all irregularities or omissions in proposals submitted in response to this RFP to the extent it is determined to be in the best interest of the City to do so. Furthermore, the City reserves the right to reject any or all proposals or portions thereof submitted in response to this RFP. Proposals may be rejected for one or more of the following reasons, including but not limited to:
1. Failure of the Consultant to adhere to one or more of the provisions established in the RFP.
2. Failure of the Consultant to submit a proposal in the format specified herein.
3. Failure of the Consultant to submit a proposal within the time requirements established herein.
4. Failure of the Consultant to adhere to ethical and professional standards before, during, or following the proposal process.
The City may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding by the City that it is in the public interest to do so. Rejected proposals are considered to be non- responsive.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 20 of 41 V-10. MODIFICATION OR WITHDRAWAL OF PROPOSAL BY CONSULTANT A proposal may not be modified, withdrawn, or canceled by the Consultant following the time and date the proposals are due (RFP Due Date). Proposals submitted early may be modified or withdrawn only by notice to the City at the proposal submittal location prior to the time and date the proposals are due. Such notice shall be submitted to the Project Manager, by email, sent by a duly authorized representative of the Consultant submitting the proposal. All such communication shall be worded so as not to reveal the contents of the original proposal.
Withdrawn proposals may be resubmitted prior to the time and date the proposals are due, provided that they are then fully in conformance with the RFP.
V-11. DURATION OF PROPOSAL
Proposal prices, terms, and conditions shall be firm for a period of at least ninety (90) days from the time and date proposals are due. Proposals shall not be subject to future price escalation or changes of terms during the ninety (90) day period.
V-12. LOCAL, STATE, AND FEDERAL REQUIREMENTS
The City intends to select a Consultant in accordance with California law and the City's municipal code. Selection of a Consultant under this process is not a guarantee of a contract award, nor is the award of a contract for any portion of the project a guarantee of award of a contract for any subsequent work. All work is subject to budgetary and funding constraints of the City.
The selected Consultant shall comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the work under the Agreement, including, without limitation, the provisions of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (i) the Americans with Disabilities Act of 1990; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations.
SECTION VI - FORM TO BE SUBMITTED
Please complete and submit the following form as part of your proposal:
VI-1. Certification Statement
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 21 of 41 VI-1. CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:
Marketing Services for Summer Trolley Program
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Consultant to both its proposal and cost schedule.
1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.
2. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date or any revised proposal submission date, whichever is later, and will become part of the contract that is negotiated with the City.
3. The Consultant has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise.
4. The Consultant certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.
5. The Consultant has not had any communication with a City Councilmember in relation to their proposal. If so, Consultant will provide a copy of such communication for the public record.
6. The Consultant has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.
Consultant's Signature Date
Print Name Title
Consultant's Federal Taxpayer Identification Number:
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 22 of 41
ATTACHMENT A - SHUTTLE VEHICLE WRAP
Hillar
FREE TROLLEY
CITY OF LAGUNA NIGUEL
FREE TROLLEY FREE TROLLEY
CITY OFLAGUNA NIGUEL
DER
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 23 of 41
ATTACHMENT B - CITY'S SAMPLE PROFESSIONAL SERVICES AGREEMENT
AGREEMENT FOR PROFESSIONAL SERVICES
(PUBLIC WORKS DEPARTMENT)
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on , by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City", and [Company Name], a hereinafter the "Consultant".
RECIIALS:
A. The City desires to contract with selected professional consultants to provide professional [architectural/engineering/special inspection & testing services to support the Public Works Department in the following categories: 1) Design Engineering, 2) Plan Checking; 3) Project and Program Management and 4) Construction Management and/or Inspection Services.]
B. The City circulated a Request for Proposals for the above-described professional services on _, 20_
C. Consultant submitted a proposal to City to provide the above-described professional services dated _ 20_
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.
E. The City desires to enter into an agreement with Consultant for the above- described professional services.
AGREEMENI:
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 24 of 41 Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services (Scope of Services") which is attached hereto as Exhibit "A."
2. Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement
3. Term. This Agreement shall become effective on the date stated above and will continue in effect [for a period of days thereafter] [or until the work required by this Agreement is completed] subject to termination as provided in paragraph 27, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may mutually agree in writing to extend the Term of the Agreement.
4. Payment.
A. Payment for Services. City agrees to pay Consultant for providing the professional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B" (Compensation) for the not to exceed sum of $xxxx.
B. Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.
5. Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however, City shall not be liable for any unauthorized use by third parties.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 25 of 41
6. Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "C" (Schedule of Performance). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.
Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.
8. Licenses; Standard of Care.
A. Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
B. Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.
Should any errors caused by Consultant be found in such services or products, eros at no betional change Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.
Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Prevailing Wages.
A. Public Works. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 26 of 41 regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those services that are "public works", Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the rules and regulations established by the DIR implementing such statutes as though set forth in full herein.
B. Contracts. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, , does not alter the meaning or scope of paragraph A of this Section.
C. Registration with DIR. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement.
Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.
Compliance Monitoring. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR Consultant shall post job site notices, as prescribed by DIR regulations.
Copies of Per Diem Wages. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
F. Penalties. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
G. Payroll Records. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 27 of 41 subcontractor to: (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; (2) certify and make such payroll records available for inspection as provided by Section 1776; and (3) inform City of the location of the records.
Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
Debarment or Suspension. The Consultant shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.
Overtime. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
K. Workers' Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 28 of 41 compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
L. Subcontractors. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.
Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
M. Indemnification. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend at Consultant's expense with counsel reasonably acceptable to City City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions arising out of the payment of prevailing wages by any person or entity (including Consultant, its subcontractors, and each of their connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
11. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
12. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
13. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 29 of 41 Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
14. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.
The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
15. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.
16. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.
17. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
18. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.
19. Indemnification.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 30 of 41 A General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
B. For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.
Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 31 of 41 the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.
20. Liability Insurance.
A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.
Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 32 of 41 Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this agreement.
4) Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
5) Cyberliability Insurance. This section is not applicable.
D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultant.
E. Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.
F. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 33 of 41 withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
H. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
J. Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 34 of 41 insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.
P. City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
Q Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
R. Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
S. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
21. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 35 of 41
22. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.
23. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
24. Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this Agreement shall be in writing, and shall be given: (i) by email, to the applicable email address specified below; or (ii) by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight reputable private courier, addressed to the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).
CITY: City of Laguna Niguel
Attn: Public Works Director
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email:
CONSULTANT: Company Name
Attn: Name
Business Mailing Address
City, State, Zip Code
Email:
25. Entire Agreement. This Agreement supersedes any and all agreements, either Bescied in Scope of envices heree by consultan for ory are certain a c City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 36 of 41 covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
26. Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
28. Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.
Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.
29. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
30. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
31. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 37 of 41 Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
33. Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 38 of 41 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:
Thy Merritt
Acting City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis
City Attorney
"CONSULTANT"
COMPANY NAME
By:
Print Name:
Title:
By:
Print Name:
Title:
City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 39 of 41 EXHIBIT "A"
SCOPE OF SERVICES
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 40 of 41 EXHIBIT "B"
COMPENSATION
[The method of compensation may include: (i) a lump sum payment upon completion of the services, (i) payment in
between the parties.]
City of Laguna Niguel, CA - RFP - Summer Trolley Operation Services Page 41 of 41
ATTACHMENT B
RFP Evaluation Summary
City of Laguna Niguel
Public Works Department
30111 Crown Valley Parkway, Laguna Niguel, CA 92677
(949) 362-4337 - www.cityoflagunaniguel.org/pw
RFP Name: Marketing Services for Summer Trolley Program RFP Issue Date: 1/18/2022
RFP Due Date: 2/1/2022
No. of Bidders:
Evaluation Summary
Consultant Name Evaluation Average Evaluation Ranking
Jovenville, LLC dba We The Creative 91
JPW Communications 85
Mob Media 82
KWSM 80
Penny Promotions 63
ATTACHMENT C
Professional Services Agreement with Jovenville, LLC dba We The Creative for Marketing Services for Summer Trolley Program
AGREEMENT FOR PROFESSIONAL SERVICES
(PUBLIC WORKS DEPARTMENT)
Marketing Services for Summer Trolley Program
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made RECIIALS:
A. The City desires to contract with selected professional consultants to provide marketing services in support of the City's Summer Trolley Program, including the following deliverables in year one: 1) Branding and Identify Strategy; 2) Graphic Design Strategy; 3) Media Strategy; 4) Social Media Strategy; and additional marketing services in each subsequent year the Summer Trolley Program will operate.
B. The City circulated a Request for Proposals for the above-described professional services on January 18, 2022.
C. Consultant submitted a proposal to City to provide the above-described professional services dated February 1, 2022.
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant's proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.
E. The City desires to enter into an agreement with Consultant for the above- described professional services.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows:
Services to be Performed by Consultant. Consultant agrees to perform the professional services for City and to prepare and deliver the work products to City, in a manner satisfactory to City, as described in the Scope of Services ("Scope of Services and Compensation") which is attached hereto as Exhibit "A." Additional or Different Services. Any proposed changes in the Scope of Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.
Term. This Agreement shall become effective on the date stated above and, unless sooner terminated as provided herein, will continue in effect until September 30, 2027, or the City no longer receives funding from the Orange County Transportation Authority (OCTA) pursuant to the February 19, 2020 Cooperative Agreement No. C-9- 1845 between OCTA and the City, except the indemnification provisions contained in paragraph 18 shall remain in full force and effect after the Agreement is terminated. The parties may agree in writing to extend the Term of the Agreement.
4. Payment.
Payment for Services. City agrees to pay Consultant for providing the protessional services which are described in the Scope of Services, and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "A" (Scope of Services and Compensation) in the not to exceed sum of $143,000 for Marketing Services for the Summer Trolley Program.
This Agreement also includes a ten percent (10%) contingency of the total contract amount, in the not-to-exceed amount of $14,300 for unforeseen conditions or extra work, and authorizes the Public Works Director/City Engineer to approve additional work with the Consultant for a total not-to-exceed amount of $157,300, if needed.
Invoices. Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within 30 days of receipt of the invoice by the City. Such approval shall not be unreasonably withheld.
Ownership of Documents and Drawings. All original drawings, plans, designs, reports, notes, calculations, maps, and other documents developed during the course of Consultant providing the professional services required by the Scope of Services shall be the property of the City and shall be provided by Consultant to City upon their completion and payment of relevant invoices, or in the event the Agreement is terminated prior to completion, Consultant shall provide all work in progress, subject to payment of relevant invoices. Further, even if this Agreement is terminated, said documents shall be the property of the City and may be used by City as it determines appropriate. Reuse or modification of any such documents by the City for purposes outside of the Scope of Services set forth in this Agreement, without Consultant's written permission, shall be at City's sole risk, and City agrees to indemnify and hold Consultant harmless from all claims, damages, and expenses, including attorney's fees, arising out of such reuse by City or others acting through City; however City shall not be liable for any unauthorized use by third parties.
Time is of the Essence. Consultant agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth in the attached Exhibit "A" (Scope of Services and Compensation). Notwithstanding any other provisions of this Agreement, the Consultant shall not have liability for, or be deemed in breach of delays caused by, any factor outside of its reasonable control, including but not limited to natural disasters, adverse weather, or acts of the City, third parties, or other governmental agencies.
Consultant to Supply Instrumentalities. Consultant shall supply all instrumentalities required to perform the services under this Agreement.
8. Licenses; Standard of Care.
Qualifications. Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the services and work required to be performed by this Agreement. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.
Standard of Care. Consultant shall perform the services under this Agreement in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the performance of work pursuant to this Agreement.
Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to City by redoing the professional work and/or revising the work products) called for in the Scope of Services to eliminate the errors.
9. Legal Responsibilities. Consultant shall keep itself informed of all State and Federal laws and regulations which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.
10. Prevailing Wages. This section is not applicable.
Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Consultant without the prior written consent of City.
12. Subcontracting Subject to Approval. Consultant may not subcontract any portion of the work required by this Agreement to other persons or firms unless Consultant first obtains the written consent of City to engage in such subcontracting.
13. Independent Consultant. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Consultant or any of the Consultant's officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Consultant shall have no authority, expressed or implied, to act on behalf of City, and Consultant shall have no authority, expressed or implied, to incur any obligation or liability against the City Consultant shall be responsible for and pay all taxes and other payments for Consultant and its employees for Federal and State income taxes, including withholding of taxes, Social Security, workers compensation insurance, State disability insurance, unemployment insurance, and all other similar items.
14. Administration. This Agreement will be administered by the Public Works Department. The Public Works Director or his or her designee shall be considered the Project Manager and shall have the authority to act for the City under this Agreement.
The Project Manager shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement.
15. Progress. Consultant is responsible to keep the Project Manager informed on a regular basis regarding the status and progress of the work being performed pursuant to this Agreement.
16. Cooperation of City. City agrees to comply with all reasonable requests of Consultant and provide access to all documents reasonably necessary for the performance of Consultant's duties under this Agreement.
17. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the work being performed pursuant to this Agreement shall be made without prior written approval of the City. The information which results from performing the services required by this Agreement is to be kept confidential unless the release of information is authorized by the City.
18. Conflicts of Interest. Consultant represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Consultant should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Consultant shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Consultant for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. Consultant agrees not to provide services within the City boundaries for any other public or private entities without prior written approval from City.
19. Indemnification.
General Indemnity. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent consultant in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
For Design Professional Services. If Consultant's services hereunder include the performance of professional services by a "design professional," as the term is defined under California Civil Code § 2782.8(c), then to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, indemnify and hold harmless the Indemnitees, and each of them, from and against any and all Liabilities, including fees of accountants and other professionals, and all costs associated therewith, and reimbursement of attorneys' fees and costs of defense, whether actual, alleged or threatened, to the extent arising out of, pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful misconduct of the Consultant, and/or its officers, agents, servants, employees, subcontractors, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Consultant shall bear legal liability) in the performance of design professional services under this Agreement.
Notwithstanding the foregoing and as required by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Consultant, exceed Consultant's proportionate percentage of fault.
C. Subconsultants. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
Survival and Offset. The provisions of this Section 19 shall survive the termination of this Agreement. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph.
20. Liability Insurance.
A. Insurance Policies. Without limiting Consultant's indemnification of City as described in paragraph 19, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to the City Attorney. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing any work pursuant to this Agreement.
B. Named Additional Insured. The City of Laguna Niguel and its Council members, officers, officials, employees, agents, and volunteers shall be named as additional insureds under the policies required by subparagraphs General and Auto Insurances for all liability arising from Consultant's performance of services pursuant to this Agreement. This insurance shall be primary to any insurance maintained by the City. City insurance shall not contribute to any judgment rendered against the City.
C. Insurance Coverage. Prior to the commencement of any services hereunder, Consultant shall provide to City certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance coverage:
1) General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liability (errors & omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services. required by this agreement.
Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.
5) Cyberliability Insurance. This section is not applicable.
D. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultant.
Duration of coverage. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subcontractors.
F. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
G. City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Enforcement of contract provisions (non estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
K. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
L. Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
M. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
N. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its subcontractor, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultant, and others engaged in the project will be submitted to City for review.
P City's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
Q Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
S. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
21. Nondiscrimination by Consultant. Consultant represents and agrees that Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or any protected class or basis prohibited by law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
22. City's Rights to Employ Other Consultants. City reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.
23. Consultant's Records. Consultant shall keep records and invoices in connection with it work performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
24. Notices. Every notice, demand or request (hereinafter described in this Section as a "Notice") that is given by either party to the other under or in connection with this the party to be served at its address below. Either party may change its email address for Notices, or its address for Notices, by a Notice given in accordance with this Section. Notices shall be deemed to have been delivered: (i) if sent by email, on the next business day, provided the sender's email system confirms has been delivered or does not indicate that delivery did not occur, as applicable; (i) if sent by certified mail, three (3) days after deposit into the U.S. mail; and (iii) if sent by private courier, one business day after deposit with the courier for overnight delivery (unless the delivery service indicates to the sender that delivery has not occurred, in which case delivery shall be deemed to occur when the delivery service indicates to the sender that it has actually occurred).
CITY: City of Laguna Niguel
Attn: Russell Narahara, Public Works
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Email: [email protected]
CONSULTANT: Jovenville, LLC dba We The Creative
Attn: Joven Orozco
27132 Paseo Espada, Suite B 1225
San Juan Capistrano, CA 92675
Email: [email protected]
25. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services described in Scope of Services hereto by Consultant for City and contains all of the covenants and agreements between the parties with respect to the rendering of such services. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made with regard to such services by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise regarding such services not contained in this Agreement shall be valid or binding. Any modification or amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement.
Exhibits. The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.
Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.
Termination. City may terminate this Agreement, without cause or penalty, by providing written notice to the Consultant that the Agreement is terminated. Said written notice shall be provided at least fifteen (15) days in advance of the termination date.
Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in Section 3.
29. Breach of Agreement. If Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement. The failure of City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement.
30. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
Severability. If any provision in this Agreement is held by a court of competent nevertheles continue in til fore without being male do neate in any wons will
32. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.
Authority to Sign. The person(s) executing this Agreement on behalf of the Consultant warrants and represents that they the authority to execute this Agreement on behalf of the Consultant and have the authority to bind the Consultant to the performance of the obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By: _
Tamara S. Letourneau
City Manager
ATTEST:
Thy M. Merritt,
Acting City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Kevin G. Ennis
City Attorney
"CONSULTANT"
Jovenville, LLC dba We The Creative
By:
Print Name:
Title:
By:
Print Name:
Title:
EXHIBIT "A"
SCOPE OF SERVICES AND COMPENSATION
REQUEST FOR PROPOSAL
Marketing Services
for Summer Trolley
Program
ATTENTION:
Russell Narahara
Senior Management Analyst
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
PREPARED BY:
We The Creative
Joven Orozco, President and Main Contact
27132 Paseo Espada, Unit B1225, San Juan Capistrano, CA 92675 Tel. (877) 887-1318, Cell: (949) 463-7887
[email protected]
WE THE
CREATIVE
1. CERTIFICATION STATEMENT
VI-1. CERTIFICATION STATEMENT (SUBMIT WITH PROPOSAL
This certification statement is provided in response to the City of Laguna Niguel's RFP titled:
Marketing Services for Summer Trolley Program
All proposals must include this certification statement, signed by a duly constituted official legally authorized to bind the Consultant to both its proposal and cost schedule.
1. Proposal may be released in total as public information in accordance with the requirements of the laws covering the same. Any proprietary information has been clearly marked.
2. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date or any revised proposal submission date, whichever is later, and will become part of the contract that is negotiated with the City.
3. The Consultant has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, woman, or emerging small business enterprise.
4. The Consultant certifies that this proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition.
5. The Consultant has not had any communication with a City Councilmember in relation to their proposal. If so, Consultant will provide a copy of such communication for the public record.
6. The Consultant has never been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.
roger February 1, 2022
dans ants sideature -
Date
Joven Orozco President
-
Print Name Title
Consultant's Federal Taxpayer Identification Number: 274745358 City of Laguna Niguel, CA - RFP - Marketing Services for Summer Trolley Program Page 22 of 41 Marketing Services for Summer Trolley Program • City of Laguna Niguel 2 WE THE
CREATIVE
2. LETTER OF TRANSMITTAL
February 01, 2022
Russell Narahara
Senior Management Analyst
City of Laguna Niguel
30111 Crown Valley Parkway
Laguna Niguel, CA 92677
Re: Marketing Services for Summer Trolley Program for the City of Laguna Niguel Dear Russell Narahara, Senior Management Analyst;
We The Creative (WTC) is the proposer for the City of Laguna Niguel RFP for Marketing Services for Summer Trolley Program. WTC is a DBA of Jovenville, LLC.
Joven Orozco is the main contact to contractually obligate the organization, negotiate the contract and contact for clarification. I can be reached at:
We The Creative, Joven Orozco, President and Founder, [email protected] Tel. (877) 887-1318, Cell: (949) 463-7887, Fax (949) 723-1566, WeTheCreative.com 27132 Paseo Espada, Suite B 1225, San Juan Capistrano, CA 92675 Considerations for a good fit:
Public Sector Experts WTC has exclusively served government clients for 13 of the past 26 years. We understand the special acumen it takes to navigate through the sometimes rough waters of the public sector. We have immense expertise with attracting, engaging and motivating key stakeholders toward action.
Customer Service Driven WTC believes great creative results are achieved through an understanding of client business goals, great communication and strong collaboration. We have a simple process and a simple way of communicating that maintains transparency throughout the entire process.
Design Innovation With thousands of marketing messages bombarding target audiences, innovation must be used as a tool to change behavior. Once we understand project parameters, we become impassioned to challenge the status quo by exploring a wide range of possible strategies, tactics, technologies, designs and much more to positively impact a brand, campaign and metrics.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 3 WE THE
CREATIVE
Project Manager
Jillian Martinez is a consummate business professional. She will work closely with City of Laguna Niguel with responsibilities for administration, project tracking, research, handling budgets, client correspondence, creating presentations and maintaining contact lists.
She works in conjunction with Joven Orozco to manage the entire process using our proprietary 4D Approach™l
We acknowledge the receipt of the entire RFP with one (1) addenda. All information submitted with this proposal is true and correct. By submitting this proposal, we acknowledge that we have read and understand the contents and agree to comply with the requirements and conditions. The proposal shall remain valid for a period of no less than 90 days from the date of submission.
Thank you for your time and consideration.
Best regards,
for Quee
Joven Orozco, President and Founder
Marketing Services for Summer Trolley Program • City of Laguna Niguel WE THE
CREATIVE
TABLE OF CONTENTS
1. Certification Statement ... .......2
2. Letter of Transmittal. ....3
3. Work Approach and Timeline.......... ..... 6
4. Experience.. ............11
5. Key Personnel
6. Itemized Cost Proposal (BAFO) ....•....…. ....20
7. Other Information............. ...24
Work Examples..... Appendix A
Resumes Appendix B
Marketing Services for Summer Trolley Program • City of Laguna Niguel 5 WE THE
CREATIVE
3. WORK APPROACH AND TIMELINE
Creative work with great results is accomplished through trust and collaboration.
Our processes allow us to deliver on our clients objectives and push creativity to areas never thought imaginable.
4D Approach™
Each project has its own unique scope of work that needs a standard way of working and communicating.
WTC developed the 4D Approach™ to address those needs in a creative industry where chaos can easily dominate in an unstructured environment.
It serves as the model for project development to enable both the client and the design team to focus on the message and the audience to deliver a compelling and accurate product. We use an online platform to communicate efficiently and effectively.
Discovery
The very foundation of the entire project is Discovery.
Before any project begins, we use planning to establish a fundamental understanding of the parameters that helps us
DISCOVERY DESIGN
STRATEGY set achievable goals.
Design
INNOVATION INTEGRATION
Design criteria guides the project to help us achieve the goals defined in the Discovery phase. Explorations and
CRAFTSMANSHIP experimentations are presented for client review, feedback
DELIVERY DEVELOPMENT
and approval. Boardstorming happens in this phase.
Development
Concept and design become reality by blending research, art, craft and science. We develop and refine the design that best represents the established objectives.
Delivery
The project is one step closer to tangible completion by finalizing production, verifying accuracy, and
double-checking with vendors to ensure it will be delivered on time and in the right configuration.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 6 WE THE
CREATIVE
Some of our secret tools for
collaboration and fun!
Boardstorming
Boardstorming is a process Joven Orozco created to generate over a dozen loose ideas for strategic direction, image direction, printing techniques, social techniques and/or outreach ideas. Basically, every idea we can think of is placed on a board for feedback and conversation during an informal presentation with the client. It allows us to quickly understand what is possible, but more importantly, what is not possible for tactics, styles, messaging and/or strategies.
Project Data & Communication
WTC provides a secure, access-controlled website as an easy Joverville
way for our clients to communicate with WTC and stay
Dashboard
up-to-the-minute-current on projects whether sitting at a desk or out globetrotting. It's a paperless 'paper trail that keeps everyone up to date with information such as:.
0.--
0N..
Overview: Record of events and deliverables in the order of montre © 4...
their occurrence.
Messages: Up-to-date details of projects organized in
chronological order.
Contacts: Everyone involved with the project is listed and reachable..
Joverville
Calendar: Up-to-date timeline to follow during the project.
September 2016
Conferencing
Given communication technology that is available today and the secure website we provide, we prefer to largely utilize video conferencing to communicate. We reserve face-to-face
meetings for early meetings where we will spend dedicated time getting to know you and the desired direction, strategic development and Boardstorming.
7 Marketing Services for Summer Trolley Program • City of Laguna Niguel WE THE
CREATIVE
WORK PLAN
The WTC 4D Approach™ is a structured proprietary process that moves a project through strategic development, conceptual design, refinement of design direction and final delivery. Turnaround times are based on unique project needs and our desire to meet or exceed client expectations.
Phase One: Discovery
The very foundation of the entire project.
Every project begins with strategic planning that sets achievable goals, timing and deliverables. The framework of operations is established including the opening of a secure website for designated users.
Responsibilities are assigned and reporting mechanisms such as budget and timing charts are developed.
Phase One Goals
• Set time frames, establish budgets and define responsibilities • Research to gain understanding of the target market and needs ] Audit current marketing, branding, source information and ideas provided by client • Interview stakeholders (as needed)
• Determine strategy and plans to achieve goals
• Approval of strategy
Phase Two: Design
Design criteria is what guides a project toward achievement of goals.
A comprehensive visual system with core messages, collateral and communication is designed to guide the campaign toward achievement of defined goals.
Phase Two Goals
• Establish design direction to best represent the organization and its programs • Boardstorming (page 7) at this juncture is a valuable tool that is used to generate a plethora of ideas so we can quickly understand what can, and more importantly, what cannot, be done moving forward. • Round 01 - Three (3) design directions - Concepts via rough composites • Campaign (logo & tagline), Advertisment, Brochures (cover/internal), Fact Sheets, Social (3) • Round 02 - One (1) composite with client revisions and suggestions ] All tactics in the advertising campaign
Storyboard for videos and plan of action
• Round 03 - One (1) tight composite with client revisions and suggestions • All elements for the campaign
• Present actors and actresses for videoshoot
• Approval of items presented above and content
Marketing Services for Summer Trolley Program • City of Laguna Niguel 8 WE THE
CREATIVE
Phase Three: Development
Where concept and design become reality.
Approved strategy and content is refined for final approval. Collaboration takes place with key stakeholders to fine-tune and finalize all aspects of the project in preparation for implementation.
Phase Three Goals
• Photo retouch, copyedit, prepare files for print and/or digital proofs • Refine accepted design direction for approval signature • One collective revision per round of chosen design direction • Present final proof for sign-off via project website or in-person • Videoshoot: scout location and trolley
• Videoshoot & edit videos
• Approval of videos
Phase Four: Delivery
Delivery, execution and wrap-up.
All aspects of the project are finalized, verified and double-checked for accuracy. On time final delivery is ensured with the right configuration in the right manner. Wrap-up includes delivery of final files, reports and invoices.
Phase Four Goals
• Prepare final deliverables and verify accuracy for each project • Develop proofs in the format specified for each project assigned - Develop detailed printing specifications allowing printers and other vendors to understand the entire scope of the job and provide a responsive quote
• Submit final electronic artwork to selected printer or vendor • Attend selected outreach events
• Street teams (optional)
• Que social media posts and reply as needed
• Debreif when project has been completed
Marketing Services for Summer Trolley Program • City of Laguna Niguel 9 WE THE
CREATIVE
Project Flow Chart: Some tasks will need to be expedited, rescheduled or adjusted. Were flexible. lasks March April May June July Aug - Sept
P1: Discovery
Project Management
Proiect Awarded
Kick Off
Determine Strategy/Plan
- Branding and Identity Strategy
• Graphic Design Strategy
- Media Strategy
- Promotional Items
• Social Media Strategy
Strategy Approval
P2: Design
Boardstorming
Round 01 -Selected tactics
- Campaign (logo & tagline)
- Advertisment
- Brochures (cover/internal)
• Fact Sheets, Social Media (3)
Round 02 - All Tactics
- R1 items plus...
- Flyers, Graphics, Posters
- Media Package
• Promotional Items
- Storyboard for 2 videos
Round 03 - All Tactics
- R2 items plus...
• Present actors/actresses
P3: Development
Round 04 (if needed)
Sign Off Final (Print only)
Scout for Videoshoot
Videoshoot
Videoshoot (Client Review)
P4: Delivery
Press / Fulfillment (Print)
Final Video
Outreach Events
Social Media Posts
WTC Tasks Client Tasks Shared Tasks
Marketing Services for Summer Trolley Program • City of Laguna Niguel 10 WE THE
CREATIVE
4. EXPERIENCE
Company Information
We The Creative (WTC) is a DBA of 26-year-old Jovenville, LLC specializing in marketing and branding for the public sector. Jovenville has been a leading creative agency of consumer products and services since 1995.
WTC is both a Small Business Enterprise (SBE) and Disadvantaged Business Enterprise (DBE) located in San Juan Capistrano, California.
Background
In 2007, Jovenville, LLC, braced itself for a downturn in the consumer segment due to a nationwide economic slowdown. We decided to create the subsidiary We The Creative (WTC) to specifically service public sector and government agencies. Essentially, we hedged our bets against a drop-off in business which was affecting many marketing and advertising agencies at the time. That downturn never came for WTC. One of the biggest and most rewarding surprises about our work at WTC is the people we work with. It's exciting and gratifying to see how receptive and enthusiastic our clients are when they see our consumer brand tactics and strategies in action.
Location Serving All Client Accounts Primary Contact
We The Creative Joven Orozco, Main Contact
27132 Paseo Espada, Suite B 1225 T: (877) 887-1318 C: (949) 463-7887 San Juan Capistrano, CA 92675 F: (949) 723-1566
T: (877) 887-1318 C: (949) 463-7887 [email protected] F: (949) 723-1566
WeTheCreative.com
DUNS Number: 964198816
WTC takes great pride in our work process. We feel strongly about collaborating with our clients to meet expectations and deadlines for optimal results. Our process explores hundreds of ideas that push the boundaries of creative, strategy and execution. We are unconventional and are always looking to innovate.
We exist for and strive to change the status quo
of creative design in the public sector.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 11 WE THE
CREATIVE
A Match Made in Heaven.
We have been able to influence innovation in a sector
typically known for stagnant graphics.
BAY AREA
ANAHEIM AIR QUALITY ALISO ANAHEIM
PUBLIC UTILITIES MANAGENENY
VIEJO BEAUMONT
DANVILL glendale®o
City of Costa Mesa
Carlsbad 18 58 california
THE LOCALLY
H LONGBEACH
LANCASTER
HAYWARD
City of
CITY OF City of
marin transit PALO ALTO Santa Clara Santa Monica
PASADENA
CITY OF
SunLine VENTURA
TRANSIT AGINGY
ALIFORNS
City of West Hollywood
* JONWYN LONG BEACH PW
AIRPORT VELOPME a.
TOOT COUNTI ERVICI
Long Beach Water lesaWate
STRI
C A PENINSULA
Los Angeles
Waste CLEAN ENERG
World Airports
OCTA Recycling OmniTrans
Marketing Services for Summer Trolley Program • City of Laguna Niguel 12 WE THE
CREATIVE
WTC is a creative agency specializing in a wide range of services.
Our creativity coupled with a proprietary business process delight our clients time and again.
STRATEGY Developing a strategy requires a broad-yet-detailed look at the evolution of a current position and a projection of future goals. WTC has the collaborative tools and creative disposition to cultivate a fresh new look, feel and outreach.
BRANDING Branding is more than just a symbol. It defines how a business presents itself to the world and sets the tone for the future. WTC has developed some great-fitting brands for government, public organizations and programs.
MARKETING Marketing is the thoughtful research process to determine the best way of bringing methods of delivering the right message to the right audience at the right time with innovation.
MEDIA PLACEMENT WTC never markets without a purpose. The goal is to always reach a target audience where they live their lives, in ways that effectively elicit their thoughts and actions.
ADVERTISING Advertising is a combination of art and copy designed to attract, engage and motivate action within a short period of time. WTC will determine the main strategy and create a compelling, fully integrated campaign that spans all platforms.
SOCIAL MEDIA Social media is ever-evolving and quickly-changing. WTC makes it our business to have the right people following social media trends, so we can develop and execute a currently-trending, positive social media presence.
EVENT COORDINATION Coordinating an event requires an experienced staff to track the many moving pieces during execution of a strategy or campaign. WTC has managed several successful events with our bright and talented coordinators.
GRAPHIC DESIGN Graphic design is the application of artistic concepts that enliven an organization or project with widely-appealing interest. Our talented staff has received many awards for their creative achievements and always gives each project their full attention.
ANNUAL REPORTS WTC has a unique approach to developing annual reports. Our process has attracted the attention of several media outlets, and received acclaim at industry events.
WEBSITES These are the portals that connect the government with the public 24/7. WTO believes websites should have an easy-to-use experience with great visual appeal, so they can leave a positive impression on all who interface with the website.
PHOTOGRAPHY AND VIDEO WTC Photography and Video brings projects to life in expressive and memorable ways. Our team's trained and creative 'eyes' can vividly enhance any media.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 13 WE THE
CREATIVE
Projects successfully completed within the last 5 years
CITY OF ANAHEIM CITY OF SANTA MONICA
- Annual Reports - Brand Style Guide
- Water Quality Reports - Annual Report
- Rideshare Marketing - Seascape Newsletter
CITY OF SANTA CLARA TOWN OF DANVILLE
- Inside Newsletter Redesign - Activity Guides
CITY OF LONG BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY - Development Services Department Branding - Rideshare Marketing - Year in Review Reports - Vanpool Marketing
- Housing Authority 10 Year Book - Bike Safety/Bike to Work Marketing - Climate Adaptation Action Plan (CAAP) Brand - Dump The Pump Marketing - Bring Your Own Long Beach City (#BYOLBC) - RideMatch.info
CITY OF PALO ALTO ORANGE COUNTY WASTE & RECYCLING
- Standardize Email Strategy for Mayor - Interactive Annual Reports
CITY OF LANCASTER MESA WATER DISTRICT
- Outlook Magazine Redesign - Brand Identity Guidelines
CITY OF VENTURA CITY OF HAYWARD
- Housing Authority Annual Report - Economic Development Brochure - Westview Outreach Factsheets - Fire Department Annual Report
BAY AREA AIR QUALITY MANAGEMENT DISTRICT CITY OF GLENDALE - Interactive Annual Reports - Upstart Valley Brand Strategy & Marketing
CITY OF BEAUMONT SUNLINE TRANSIT AGENCY
- Pass Transit Free Fare Marketing Campaign - Alternate Fuel Marketing Campaign
MARIN TRANSIT PENINSULA CLEAN ENERGY
- Brand Strategy and Visual Language - Branding and Marketing Collateral
JOHN WAYNE AIRPORT CITY OF WEST HOLLYWOOD
- Brand Identity Guidelines - Parking Meter Graphics
- Interactive Annual Reports
Marketing Services for Summer Trolley Program • City of Laguna Niguel 14 WE THE
CREATIVE
References
The following clients are familiar with the WTC design process and work methodology.
ORGANIZATION CONTACT
Orange County Transportation Authority Ryan Armstrong, Section Manager (OCTA) (714) 560-5834, [email protected]
550 S. Main Street Dates: 2010 to present, ongoing
Orange, CA 92863 Projects: public outreach, print collateral, digital collateral, photography, videography, copywriting
Orange County Transportation Authority Kristopher Hewkin, Marketing Specialist (OCTA) (714)560-5332, [email protected]
550 S. Main Street Dates: 2016, 2018
Orange, CA 92863 Projects: Vanpool marketing, advertising and print collateral Marin Transit Aida Banihashemi, Manager of Planning and Marketing 711 Grand Avenue, Suite 110 (415) 226-0878, [email protected] San Rafael, CA 94901 Dates: 2021 - Present
Projects: Brand identity, marketing collateral, advertising SunLine Transit Agency Nicholas Robles
32505 Harry Oliver Trail Program Supervisor
Thousand Palms, CA 92276 (760) 343-3456, [email protected] Dates: 2021 - Present
Projects: Advertising campaign
City of Lancaster Alexus Merino, Project Manager
44933 Fern Ave (661) 723-6081, [email protected] Lancaster, CA 93534 Dates: 2020 - Present
Projects: Outlook Magazine Redesign and Production
John Wayne Airport Marisa Unvert, Communications
3160 Airway Avenue (949) 252-5163, [email protected]
Costa Mesa, CA 92626 Dates: 2006 to present, ongoing
Projects: annual reports, print collateral, wayfinding signage, photography, videography, copywriting, graphic design services, brand identity guidelines
Work Examples in APPENDIX A
15 Marketing Services for Summer Trolley Program • City of Laguna Niguel WE THE
CREATIVE
5. KEY PERSONNEL
WTC is an experienced, proactive team that utilizes the most modern technologies to achieve the best results, yet our management approach is traditional, personal and customer-focused. WTC schedules regular internal meetings to ensure every team member stays current and up-to-date on the status of each job.
This team has cohesively worked together on several projects *KEY STAFF
Client
Jillian Martinez* loven Orozco*
Account Manager President &
Chief Creative Officer
Ashley Patterson* Andy Ruiz* Kenneth Lim Eric Lumba
PR / Social Creative Director Art Director Production
Julie Bos Laura Lanzi Janelle Bourdon: Chris Eusebio
Copywriter PR & Marketing Social Media Photographer
Specialist Specialist Videographer
Key members of the WTC team will be available for the duration of the project. No person designed as Key Personnel shall be removed or replaced without the prior written agreement of the client.
WTC will subcontract and use vendors if necessary. WTC does not employ or retain any lobbying or advocating services on behalf of WTC
Marketing Services for Summer Trolley Program • City of Laguna Niguel 16 WE THE
CREATIVE
Project Management Services
We The Creative has many skills and a wide field of experience. However, our proprietary 4D Approach™ to project management sets us apart from the competition with a structured discipline applied to the creative development process.
Jillain Martinez is an experienced Project Manager who is a key reason for the success of We The Creative.
She is organized and detail-oriented with extensive experience using the 4D Approach™. Jillian works closely with the entire project team in conjunction with Creative Director Joven Orozco and Senior Art Director Kenneth Lim to deliver on-time and within-budget results.
JILLIAN MARTINEZ Project Manager
Jillian Martinez is a graduate of California State
University, Fullerton with a Bachelor of Arts
Communications: Advertising. She is a consummate
business professional with 3 years experience as a
project manager working with Joven Orozco to manage
the proprietary 4D ApproachTM. She has delivered
on-time and within-budget projects for OCTA, City of
Long Beach, City of Anaheim, John Wayne Airport, City
of Costa Mesa, OC Waste & Recycling, City of Santa
Monica and many others.
As the primary communicator and direct connection to the WTC project team, she establishes and maintains orderly process operations, develops/delivers reports and resolves conflict. She initiates and manages a secure website for authorized users to follow project progress with a 24/7 voice.
Nikita Morton, Joven Orozco, Kenneth Lim and other key personnel typically attend in-person meetings at client offices, but COVID health and safety restrictions necessitate the project be conducted in a virtual environment. WTC staff is comfortable and experienced working in a virtual environment to share ideas, files and documentation. WTC is open to alternatives as the situation changes.
Communication and Accessibility
Although Joven Orozco is the primary contact, key personnel Jillian Martinez will be available on a daily basis to respond to any requests in a timely manner for the duration of the project.
Jillian Martinez (877) 887-1318, [email protected] Marketing Services for Summer Trolley Program • City of Laguna Niguel 17 WE THE
CREATIVE
Qualifications of the Project Team
This project team has worked together on several projects and is fluent working within the 4D Approach™.
This team understands what it takes to deliver projects that are on time and within budget to meet or exceed expectations.
NIKITA MORTON Account Manager
Jillian Martinez is a graduate of California State University, Fullerton with a Bachelor of Arts Communications:
Advertising. She is a consummate business professional with 3 years experience as a project manager working with Joven Orozco to manage the proprietary 4D ApproachTM. She has delivered on-time and within-budget projects for OCTA, City of Long Beach, City of Anaheim, John Wayne Airport, City of Costa Mesa, OC Waste & Recycling, City of Santa Monica and many others.
JOVEN OROZCO President & Chief Creative Officer
Joven Orozco is the President, Founder and Creative Director of We The Creative (WTC) with 26 years of experience specializing in branding and marketing. Joven earned a Bachelor of Fine Art with an emphasis in Graphic Design at California State University, Fullerton. He leads the WTC team toward creativity with a steady business hand. Clients include OCTA, City of Long Beach, City of Anaheim, John Wayne Airport, City of Costa Mesa, City of Santa Monica and more.
ASHLEY PATTERSON Public Relations Strategy/Planning
Ashley Patterson is the Founder and CEO of The ACE Agency. Her public relations and social media firm is dedicated to client advancement and the development of innovative, meaningful and effective campaigns.
She breaks through the 'noise' to effectively connect with regional audiences. Ashley has collaborated with We The Creative on projects and social media initiatives since 2014 ANDY RUIZ Creative Director
Andy Ruiz is a Creative Director with over 10 years of experience in the marketing and advertising industry. He loves everything creative, including illustration, branding, typography and the latest trends in UX/Ul. Through conceptual thinking, attention to every detail and high aesthetic sensibility, he strives to create meaningful and uniquely crafted physical and digital products
KENNETH LIM Senior Art Director
Kenneth Lim is a 'visual scientist' with an exceptional commitment to customer service. He is one of the main reasons for the growth and success of We The Creative, Kenneth has a Bachelor of Fine Art with an emphasis on Graphic Design from California State University, Fullerton. He has collaborated with Joven Orozco to strategize, create and deliver marketing campaigns for OCTA, City of Long Beach, City of Anaheim, John Wayne Airport, City of Costa Mesa, OC Waste & Recycling, City of Santa Monica and several others.
ERIC LUMBA Production Designer
Eric Lumba earned a Bachelor of Fine Art with an emphasis on Graphic Design from California State University, Fullerton. He is proficient in the latest graphic programs including Adobe Photoshop, Illustrator, InDesign, MS Word & Excel and HTML coding. Projects with WTC include City of Long Beach, City of Costa Mesa, City of Santa Monica, OCTA, John Wayne Airport and many others.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 18 WE THE
CREATIVE
JULIE BOS Copywriter
Julie Bos is a skilled copywriter for journals, newsletters, web content, e-mail blasts, product branding/messaging, sales literature, brochures, ads, feature stories, case studies, white papers, direct-response marketing, videos, press releases, product demonstrations and annual reports. She has collaborated to translate WTC visions to the written word since 2014.
LAURA LANZI PR & Marketing
Laura attended California State University, Fullerton, where she received her bachelor's degree in Public elations and Communications. Prior to ioinina ACE in fall 2018, Laura held the position of PR Coordinator a egerstrom Center for the Arts where she promoted and publicized hundreds of events and shows annuall Project Duties: Copywriting, email marketing, influencer and media communication, media, reporting.
JANELLE BOURDON Social Media Specialist
Janelle is a broadcast journalism graduate of California State University, Fullerton. She joined the ACE team in 2018 as a Social Media Coordinator and leads social media strategy and community management for established destinations and brands, many of which have verified profiles with tens to hundreds of thousands of followers. Project Duties: Social media content creation and execution, paid social, community management, photo/video management, reporting
CHRIS EUSEBIO Photographer and Videographer
Chris is the President and Founder of Eusebio Photography. Chris has over 22 years of experience as an exceptional creative thriving in the fast-paced advertising industry. He captures noteworthy images that may be tiniest of insects or large fast moving vehicles in motion. Collaborative projects with WTC included the City of Long Beach, Orange County Transportation Authority, John Wayne Airport and others.
Refer to APPENDIX B: Resumes
Marketing Services for Summer Trolley Program • City of Laguna Niguel 19 WE THE
CREATIVE
6. BEST AND FINAL OFFER - ITEMIZED COST PROPOSAL
We The Creative, Joven Orozco, President and Main Contact, [email protected] 27132 Paseo Espada, Suite B 1225, San Juan Capistrano, CA 92675 Tel. (877) 887-1318, Cell: (949) 463-7887
Fees
Tasks
1. Design of a double-sided advertisement as described in Section I-5 (Pre-launch of the Trolley Program
Advertisement: Section 1-5 (Pre-Launch) describes how the trolley vehicle will be parked at different locations throughout the City. To accompany the parked trolley vehicle, an outdoor sign board (with a base that can be filled with water) will be placed next to the vehicle. Submitted proposals will include the cost to design (Qty = 1) advertisement that will be printed on 22" × 60" paper. $2,375
2. Branding and Identity Strategy:
Develop a campaign for the Trolley Program with a logo and tagline to stimulate the community.
$9,500
3. Graphic Design Strategy
Brochures: Submitted proposals will include the cost to design (Qty = 2) brochures for the two demographics (under 18 and over 18 years of age). Each design will be printed on 8.5° × 11" letter size paper and utilize a half-fold, creating two panels on each side, like a book. $3,000
Fact Sheets: Submitted proposals will include the cost to design (Qty = 2) fact sheets for the two demographics (under 18 and over 18 years of age). Each design will be printed on 8.5"x 11" letter size paper. $2,000 Flyers: Submitted proposals will include the cost to design (Qty = 2) flyers for the two demographics (under 18 and over 18 years of age). Each design will be printed on 8.3" × 3.9" DL paper. $2,000
Graphics: Submitted proposals will include the cost to design (Qty = 2) vector graphics for the two demographics (under 18 and over 18 years of age). $2,000 Logo: Submitted proposals will include the cost to design (Qty = 1) logo for the Trolley Program. The logo will be universally used for all graphics. $2,500 Posters: Submitted proposals will include the cost to design (Qty = 2) posters for the two demographics (under 18 and over 18 years of age). Each design will be printed on either 18" × 24" paper or 24" × 36" paper.
$3,000
Marketing Services for Summer Trolley Program • City of Laguna Niguel 20 WE THE
CREATIVE
Trolley Stop Signage: Coordinate with the City's traffic consultant to help design signage for the five trolley stops. The dimensions for each sign are 18" × 30".
Coordination will take approximately 10 hours where the goal is to provide graphic resources to the traffic consultant who will be responsible for the actual design of the trolley stop signage.
$3,325
Other Collateral: After providing itemized pricing for the graphic design materials above, Consultants that plan to submit a proposal are welcome to recommend additional graphic design material(s) based on your experience. Consultants that decide to recommend additional graphic design material (s) will describe the material and the itemized cost in their submitted proposal.
Hourly
4. Media Strategy - Video (Itemized cost to provide actors/actresses for the video) Video: Plan, write, shoot, and edit two promotional videos. One video will be less than 60 seconds to share on social media. The second video will be a longer version for the City's website and YouTube page. Filming will take place between May 10-12, 2022. The final videos should be available by May 19, 2022 (as the Trolley Program starts on May 26, 2022). Itemize the cost to provide actors/actresses for the video. Depending on the cost, the City may provide actors/actresses at no cost.
The City plans to lease the trolley vehicle, therefore, access to the vehicle requires a trained driver from the lease company.
II. The City will negotiate with the lease company to make the trolley vehicle available starting May 2, 2022; however, the awarded Consultant should be aware that the driver will not be available for more than four hours per day. Also, the driver will likely not be available for more than three days.
III. In consideration of the limited availability of the driver, the awarded Consultant will develop a videography schedule that includes talent that will star in the videos.
IV. The majority of the talent is the responsibility of the awarded Consultant. The City may be able to provide three to four people to help lower the cost of talent.
V. The first version of the video should be available on May 12, 2022, to allow the City to provide comments or recommend edits.
VI. The City's project manager will be available the weekend of May 14-15 to comment or recommend edits (and if necessary, reach upper management to confirm edits that weekend).
VIi. The final videos are due on May 16, 2022. The final videos will be introduced to the community at the City Council meeting on May 17, 2022, at 7 pm.
Videoshoot & Editing Plan, write, shoot, and edit <60 Seconds $11,000 Actor/actress day rate for each ($600 x 4 actors x 2 days) $4,800 Marketing Services for Summer Trolley Program • City of Laguna Niguel 21 WE THE
CREATIVE
5. Media Strategy - Media Package (Itemized cost to provide actors/actresses for the video) Media Package: Develop a media package that contains the logo, images and copy formatted for sharing on social media, the City website, and other platforms. Photos in the media package should include actors/actresses representing two demographics (under 18 and over 18 years of age). Itemize the cost to provide actors/actresses for the video. Depending on the cost, the City may provide actors/actresses at no cost. $2,000
6. Promotional Items
Recommend branded items that will help promote the Trolley Program. If the City desires promotional items, the City will place the order (separate from the contract with the Consultant). That way, the Consultant is compensated for the recommendations, but the Consultant's contract budget is not used for the items. $500
7. Social Media Strategy
Evaluate the City's existing social media platforms (Facebook, Twitter, YouTube, and Instagram). Develop a social media strategy to promote the Trolley Program that includes 15 unique posts (to coincide with the 15 weeks the program will operate between Memorial Day and Labor Day weekends). Posts should target two demographics (under 18 and over 18 years of age). (reduced since WTC is only providing design) $7,500
8. Other Strategies
Recommend other creative strategies based on your experience. Make certain to itemize these strategies so the City can understand the cost in relation to the overall budget.
Street Team - We recommend hiring a street team for the 5 events. The price is a total price for two team members for 5 events totaling 13 days. The sign and the trolly may not be enough. Human interaction tends to have better results. (The price is for 2 team members for 6 hours per day) $7,500
Year 1 - (Summer of 2022) Line items 1-8 Combined $63,000 Year 2 - Ongoing Campaign - (Summer of 2023) $20,000*
Year 3 - Ongoing Campaign - (Summer of 2024) $20,000*
Year 4 - Ongoing Campaign - (Summer of 2025) $20,000*
Year 5 - Ongoing Campaign - (Summer of 2026) $20,000*
TOTAL $143,000
* Not to exceed $20,000 on a time and materials basis.
Marketing Services for Summer Trolley Program • City of Laguna Niguel 22 WE THE
CREATIVE
Name Tasks Rate/Hr
Jillian Martinez Account Manager $103.75
Joven Orozco Chief Creative Director $147.58
Andy Ruiz Creative Director $126.45
Ashley Patterson PR/Social Media Strategy $127.88
Kenneth Lim Senior Art Director $112.04
Eric Lumba Graphic Designer $95.10
Julie Bos Copywriter $102.77
Julie Bos Proofread $65.95
PR & Marketing Specialist $125.25
Laura Lanzi
Social Media Specialist $105.50
Janelle Bourdon
Photo/Video $125.55
Chris Eusebio
1. I acknowledge receipt of Marketing Services for Summar Trolley Program with one (1) Addenda.
2. This offer shall remain firm for 90 days from the date of the proposal. for One
Name Joven Orozco
Title President And Founder
Date Signed February 21, 2022
23 Marketing Services for Summer Trolley Program • City of Laguna Niguel WE THE
CREATIVE
7. OTHER INFORMATION
None
Marketing Services for Summer Trolley Program • City of Laguna Niguel 25 WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Bus Fare Promotional Marin Transit 2021 Aida Banihashemi 711 Grand Ave. Ste. 110 Manager of Planning and Marketing Campaign
San Rafael, CA 94901 (415) 226-0878,
[email protected]
DESCRIPTION OF WORK
In August 2021, Marin Transit's board approved a series of fare promotional and pilot programs including free fares for seniors and low income families. The campaign is geared to promote their new near term fare promotions and raise rider awareness on various fare assistance programs offered by the District. WTC created fun, eye-catching ads to drive traffic to their fare promotion web page.
1838
1 CONTAY
Instagram Instagram
marintransi marintanut
IT'S CLEAN, SAFE IT's CLEAN, SAFE
AND CONVENIENT AND CONVENIENT
PCH 2022
° C
10.871 LA43
LEE RIDE
CREE RIDE
UP TO
REE MONTHS UP TO
THREE MONTHS S
APPENDIX A
WE THE
CREATIVE
YOU'RE HEADED, WHEREVER
WEVE COT YOU COVERED!
save on your fore. Leam how to
TAREE MONTHS
FREE RIDE
CREE RIDE
ON UST
UPT THREE MONTHS
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Rider Guide Design and Marin Transit 2021 Aida Banihashemi Production 711 Grand Ave. Ste, 110 Manager of Planning and Marketing San Rafael, CA 94901 (415) 226-0878,
[email protected]
DESCRIPTION OF WORK
WTC is responsible for Marin Transit's rider's guide each update. We are responsible for all route changes on the tables and maps. WTC also has streamlined the entire process so all parties work efficiently and effectively.
RIDER'S GUIDE
Winter 2021/22 Dec 12 Mar 12
15 511
INFO те 210 202)
ADDITI Your guide to transit in Marin Cou
© marintransit.org
APPENDIX A
wE THE
CREATIVE
WTC reviewed all branded communications and redesigned Display and Rider Panels.
LOCAL SERVICE
71 BASIL
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
The Collection Brochure Shea Properties 2017 Marcelo Sandoval 130 Vantis, Suite 200 Marketing Director
Aliso Viejo, CA 92656 949.389.7063
[email protected]
DESCRIPTION OF WORK
We designed a high-quality brochure intended to appeal to potential retail tenants of The Collection shopping center, located in the heart of West Ventura County. Jovenville was responsible for the discovery, design, development, and delivery of The Collection Brochure for its client, Shea Properties. The artwork reflects the center's highly artistic, young, and modern brand appeal. The brochure's contents visualized the center's strategic location, retail space architecture, as well as its buzz-worthy appeal to consumers. Light, bright pastel colors were used to create a simple and easy-to-read elegant design.
WHY ST BUSY
AREN T
YOU
HERE?
COLLECTION
B U222,
BUZZ
соста E
SERA
TRADE AREAS FROM A DISTANCE
ART AND
ARCHITECTURE
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Ctr City Anaheim Marketing City of Anaheim 2019 Jessica Garcia Community & Economic Development
(714) 765-4300 x 4569,
[email protected]
DESCRIPTION OF WORK
WTC developed an annual social media plan and content strategy, identified the client voice and target audience buckets and developed unique contests, social promotions and campaigns that drive fan growth and consumers to visit and experience all that Anaheim has to offer. WTC also included recommendations on targeting, performing hashtags, user generated content, event pages, influencer programs, third party apps for shoppable feeds, reservations on social and other valuable opportunities
Introducing: FRAN
Total Growth per platform Year 1
Total Followers 2,116 : 86.4%
Total followers increased by
Total Net Follower Growth 979
- 86.4%
Twitter Net Follower Growth 65 since previous date range Facebook Net Fan Growth 110 ≥ 28.5%
Instagram Net Follower Growin 804 > 107%
APPENDIX A
WE THE
CREATIVE
FRAN
Introducing: FRAN
Pies-Up 6 Drop Out Rem
353
APPENDIX A
WE THE
CREATIVE
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Youth Bus Pass Ad Campaign, Orange County 2015 Stella Lin De-Zombify Yourself Transportation Authority Marketing Manager, (714)560-5342, [email protected]
DESCRIPTION OF WORK
The goal of OCTA was to develop a cohesive marketing campaign to sell Youth Bus Passes by appealing to two audiences - the parents and their kids. In collaboration with OCTA, WTC was tasked to produce compelling marketing materials in the way that engages each of the audiences to reverse the decline in youth ridership and revenue. OCTA was responsible for purchasing and managing media.
YOUTH SUMME
DE-ZOMBIE
- YOURSELF FOR 20
YOUTH FINISH THE STORY
1 SUMMER PASS
BUT PASS
THE SAFE
FOR SUMMER YOU TELL US.
BOREDONI
ZOMBIES
FREEDOM
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Triangle Square Marketing Triangle Square 2019 Anais Tange 1870 Harbor Blvd, Costa A. T. Connection
Mesa, CA 92627 1835 Newport Bivd. A109 - 239,
Costa Mesa, CA 92627
[email protected]
(949) 274-3214
DESCRIPTION OF WORK
We were responsible for the branding, marketing, and social media for Triangle Square, Costa Mesa. We did a deep dive into The Triangle brand through research, competitive audits and interviews with key executives, city officials, vendors, tenants, and community members. In discovery we developed the strategy and position of The Triangle. square.com
TRIANGLE SQUARE
SQUARE TRIANGLE ACILITY MA
Bivd Suite 105 SQUARE TRIANGLE
0. CA 02027
TRIANGLE SQUARE JEFE SACK FACILITY MANAGER
1670 Harbor dive Suite 10G Costa Mata
CA 92827
JEFF SACK FACILITY MANAGER SQUARE TRIANGLE
7143766278
1E70 Harbor Bivd. Suite 105 Costo Mero. CA 92027
TRIANGLE SQUARE
APPENDIX A
WE THE
CREATIVE
PLAY PLAY
STOP STOP
APPENDIX A
WE THE
REATIVE
SITE PLAN
MAJOR TENANTE
PROPERTY
HIGHLICHTS
WHAT COLOR
PALETTE
ALTERNATE
LOGO
COLORS • D
comA
Fora
APPENDIX A
WE THE
CREATIVE
QUARI
APPENDIX A
WE THE
REATIVE
A PLACE TO
500+ COME
COMMUNITY
MEMBERS SURVEYED TOGETHER
WE'RE GOING BACK
TO BASICS STOP
VALET
LEVEL
1 COLUMNIO GRAPHICS 12 DIGITAL PARKING COUNT SIGN DEVATOR ID BLADE
VALINID A LEVEL ID GRATICS
00>
LEVEL 2
47) COLUMN ID GRAPHIS AID LEVEL ID GRAPECS - OVERHIAD AL LEVEL ID DOOD CANNIES
I LEVEL ID GRAPHKS COLUMNIO CRAPHYS AT COLLAM IO GRAPHICS
SINCE MAY
goZtrlangto
The Trianglo
Messape ContacT
35,000+
FUN
AND IMPRESSIONS
FOOD
1000+
ENGAGEMENTS
APPENDIX A
WE THE
REATIVE
Community Outreach: Independence Day Celebration
This allowed the person to grasp the "play" and "stop" concept. 300+ conversations
125+ pins handed out
STOP
60+ email addresses gathered
TRIANOLE
STOP IN FOR A STOP IN FO
STOP IN FOR A
¡QUARE SQUARE SQUA
MEAL ME ME
HARBOR BLVD Y NEWPORT ELVD HARBOR BLVD. * NEWPOR
HARBOR BLYD. X NEWPORT BLVD
APPENDIX A
WE THE
CREATIVE
• | Instagram Q Search
Following ...
go2triangle
2,123 posts 3,150 followers 182 following
The Triangle
The premier entertainment destination in Costa Mesa, The Triangle offers an assortment of exciting Eat+ Play options | #Go2Triangle
www.go2triangle.com
Followed by localereilly, donjulio, hanoldpropertles + 8 more @ POSTS I TAGGED
APPENDIX A
WE THE
CREATIVE
a Search
Thain
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED LIK
Miscellaneous Videos Various 2010-2020 https://vimeo.com/jovenville
DESCRIPTION OF WORK
WTC has produced several videos and animations for a variety of clients. Please click on the link above to access our vimeo account.
vimeo Why Vimeo? - Features Resources v Watch Pricing Search videos. people,@r Log in Join Now Video @ https://ovenville.com
+ Follow E Message:
FRANES
Activity
Showcases
Followers 2014 OCTA Dump the Pump - Carpool Video FRAN 20 Following
Collections
Membership plan
Member since Oct 2009
Collaborators
2018 Eusebio Productions Year in Review Shell_FR_BMW_Driving_Experience_FINAL Lake-Forest-Traveler-30-rev1 Lake-Forest-Business-30-Rev1_1
LAKE FORES
0OD
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Dump the Pump Outreach Orange County June 2017 Stella Lin Campaign Transportation Authority Marketing Manager,
(714)560-5342, [email protected]
DESCRIPTION OF WORK
Orange County Transportation Authority and WTC developed a 'Dump the Pump' campaign to encourage solo-commuters to consider and try another mode of transportation for the month of June, 2017. We were involved with the development campaign strategy, headline, call to action, body copy and photography supervision. OCTA was responsible for purchasing and managing media.
THREE WAYS TO
DUMP THE PUMP 2017
REWARD YOURSELF
FOR DUMP THE PUMP!
Ride Dump the pump for a happler commute to all your OC destinations.
GET YOUR FREE OC RUS PASSES
Chine
Ride OC Bus tree June 15 - 221 Dowmload Dump The Pumg
ENTER TO WIN A DUMP
THE PUMP PRIZE PACK
ant a coe-year subscriptise to Appie Masket
WIN A ONE YEAR FAMILY
MEMBERSHIP TO DISCOVERY
CUBE OC
FREE BUS PASSES AND GREAT PRIZES
TO HELP YOU DUMP THE PUMP!
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Dump the Pump Outreach Orange County June 2017 Stella Lin Campaign Transportation Authority Marketing Manager,
(714)560-5342, [email protected]
Ride ANG PUMB 2012
Shine
Ride mie
BUS Shine
OC Bus
@ocbus
Home
Posts
if Like 5) Follow * Share Watch Video • Send Message
Videos
Photos
¡ Status @ Photo/Video Government Organization
About
29***--
Communiy
Emall Sign Up
instagram feed
Posts
Reviews
OC Bus Community Ste AL
Create a Pape
1l Invite your frionds to like this Page
21 buses filled at the Stuft-A-Bus event at Honda Center! Thanks to de 13,947 people üke this everyone who participated!
) 13,712 people followe this
ll Anna Morono and 1 other like this
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Rideshare Campaign: 101 Orange County 2013 Stella Lin
Reasons to Rideshare Transportation Authority Marketing Manager (714) 560-5342, [email protected]
DESCRIPTION OF WORK
OCTA charged WTC to refresh Rideshare Week with creative messaging and media tactics. The goal was to make Rideshare Week friendly, progressive and modern with a bold OC component so that it resonated with HR departments and commuters. We launched a multi-leveled marketing outreach that speaking directly and personally to the target audience gon
Get horte while #RIDESHAREWEEK
OCTOBER 7-11
sQuali sen
Orange
Money
IT'S LIKE GIVING
101 59 CALM KEEP
REASONS You want to me
internet dating
Pidesharer
DISCOVER SAN
YOURS
I37 NICE
Enter to Win Great Prizes
frem some of Orange County's Enjoy A great way to
hottest brands and destinations increase your
Pledge now to Shore the Ride dunng
Rideshare Week Oct. 7-11
@CShareTheRido.com
WHAT YONA REASON TO
ninESHAHtIS, ISONGAS
13 money is like caving
DISCOVER THE COMMUTE
YOUVE DEEN MISSINGI
GRAB PRIMO PARKING
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Rideshare Campaign: 101 Orange County 2013 Stella Lin
Reasons to Rideshare Transportation Authority Marketing Manager (714) 560-5342, [email protected]
DESCRIPTION OF WORK
Street Teams, Flyers, Social Media Assets
AT Word They haber
BAR RUSA
101 Te Skey
REASONS DONUT
Rideshare
DISCOVER SAVE MONEY
YOURS I Pledge to
SLEEP MORE bike the Hus
tot the hat time
Enter to Wan Great Prizes
Ritnihare Week Oet 7-11 KEEP
YOUR
REaSON 46
Your Car GET To Work KICK BACK
STAYS
To Snag
XaCe THAT CHOCOLATE SPRINKLED
STAYS
CLEAN "GREAT way
Time to Shine! CLEAN D
REASON 101 INCREASE
111
Piece pom to Dohar and kane toe a chacce owli Feast
your
SMILEAGE
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Rideshare Campaign: 101 Orange County 2013 Stella Lin
Reasons to Rideshare Transportation Authority Marketing Manager (714) 560-5342, [email protected]
DESCRIPTION OF WORK
Animated Gif Memes
KEEP
GET TO (Love alegrade
YOUR
EA GIG
GET To Work KEEP
YOUR anarna
ARLE sinueation
To Snage T0 a Venilon
TRA: CRACKATE S
DONUT pasier
PLUMP
101 101 101 101
REASONS
Ridesharer Ride Ridesharer
BISCOVER DISCOVER
YOURS YOURS
Enter to Win
Great Prizes Enter to Win
Enter to Win Sates to Na
Great Prizes Great Prizes
OCShateTheRide.com
4-
PROJECT NAME CLIENT COMPLETED CONTACT
APPENDIX A
WE THE
CREATIVE
Rideshare Campaign: 101 Orange County 2013 Stella Lin
Reasons to Rideshare Transportation Authority Marketing Manager (714) 560-5342, [email protected]
DESCRIPTION OF WORK
Tchotchkes, Shared Images, #rideshareweek
DISCOVER
YOUR 1O1 I Pledge to
REASONS TO REASONS take the Bus!
Ridesharer #rideshareweek
Rideshare
ocsharoTheRide.com
I PLEDGE
I Pledge to Ridesharer
ride my Bike! #rideshareweck
#rideshareweek
Rideshaer
I PLEDGE
19) Ridesharer
DISCOVE
Pideshanen
ride my Bike! I Pledge to
I Pledge to
ride my Bike!
trideshareicel
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
A New Way to Work, Vanpool Orange County 2015 Kristopher Hewkin Campaign Transportation Authority Marketing Specialist (714)560-5332, [email protected]
DESCRIPTION OF WORK
This integrated marketing plan for OC Vanpool had two main goals: awareness and conversion. The goals were to create an awareness of the OC Vanpool for those consumers who were unaware about vanpools and to incentivize target audiences to inquire about vanpool resources. WTC purchased ads based on a consumer demographic profiles for the awareness campaign and focused their B2B efforts to reach out to companies with more than 100 employees in Orange County via email and direct marketing tactics. There was an increase in activations however with the layoffs within Orange County number of users stayed the same.
OC VANPOOL
$200
A NeW WOV
SHONTA
TO WORK
FASTER EASIER CHEAPER:
FIDEN ERIS TING
ỚC VANPOOL WE CAN IMPROVE Is Just a
EMPLOYEE MORALE cinn
WITHOUT COSTING A Free CLICK AWA....
YOU A DIME!
COMMUTE
A New Way to
BOOST
MORALE
Is Just e
CLICK AWAY... A New Way
TO WORK
ATE
WANT TO TALK HOWT
OC VANPOOL
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
U-Pass and C-Pass Ride & Win Orange County 2017 Ryan Armstrong, Section Manager Promotional Campaign Transportation Authority (714) 560.5834, [email protected]
DESCRIPTION OF WORK
WTC and OCTA assembled a promotional campaign for their University Pass (UPass) and College Pass (Cass) programs, designed specifically for student commuters. University and college riders who submit an entry form and take a minimum of 20 bus trips between Aug. 21 and Sept. 30 will be entered into a drawing to win a $150 gift package. There will be one UPass winner and one CPass winner. The goal of the promotion is to increase participation in each type of pass by at least 10 percent. Campaign components include posters, flyers, social media marketing, blog posts, Facebook banner ads and email marketing. The results have not yet come in however OCTA is happy with the design.
OCous A
TAKE THE 4-
RIDE
A00 WIN
CHALLENGE
FOR A CHANCE TO WIN A...
GIFT CARD
$150 PACKAGE
OR CHIPOTLE, STARBUCKS, BARNE
NOBLE, TARGET, ITUNES, AND BEST BU
RIDE
CHALLENCE
$150 MANS
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Bike Safety Campaign Orange County 2018 Ryan Armstrong, Section Manager Transportation Authority (714) 560.5834, [email protected]
DESCRIPTION OF WORK
The Orange County Transportation Authority launched a new safety campaign to educate drivers, pedestrians and cyclists about the rules of the road. The digital marketing campaign centered on driving users to a landing page with educational content.
To make the campaign more fun, memorable and engaging, Orange County Transportation Authority used elements of gamification to motivate participation. On the landing page, viewers could watch safety videos and play a retro-style video game to test their safe driving knowledge. OCTA was responsible for purchasing and managing media
PLAY PLAY PLAY
IT
SWE SAFE
PLATA LAN
MOD GIFT CARD! MOD CIFT CARD!
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Bike Safety Campaign Orange County 2018 Ryan Armstrong, Section Manager Transportation Authority (714) 560.5834, [email protected] 10 000
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
91 Express Lanes Gantry Orange County 2011 Nora Yeretzian Signage Transportation Authority Marketing Account Executive (714) 560-5356, [email protected]
DESCRIPTION OF WORK
WTC revised the 91 Express Lanes gantry signage. The goal was to incorporate the 91 Express Lanes and OCTA's brand and not distract from the sign's purpose. Our solution was to use the brand's primary colors and make the design more monochromatic so the lane names and arrows popped out first. This artwork has been the sign for over the last 10 years.
During this process WTC also refined the 91 Express Lanes logo and has been their logo ever since. 9 Express
Lanes Sign Upl
3+ LANE 1-800-600-9191
TOLL LANES
APPENDIX A
WE THE
REATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Calendar John Wayne Airport 2021 Unvert, Marisa, Communications Manager 3160 Airway Avenue | 949.252.5163, [email protected]
Costa Mesa, CA 92626
NEW YORK NASHVILLE VANCOUVER:
LOSA MESEA
FLE
SANTA ROSA DENVER
& SONOMA САВО
SAN LUCAS
EXD NOODE
lese
CSAHERA
101
CHARLEE AL SCHULZ
DENVER
САВО TRARCTICO
JOROUAIURA
SAN LUCAS
норовила
OCTOBER
2022
Su M Tu W
Th Sa
26 21 35 29
30 6 8
10 al 12 13
16 14
17 15
18 19
23 20 21
24 22
30 31
28 29
EW YORK
22 24
27 29 2
101
CHICAGO SEATTLE
APPENDIX A
WE THE
REATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Rideshare Week 2018 Orange County 2018 Ryan Armstrong, Section Manager Transportation Authority (714) 560.5834, [email protected]
DESCRIPTION OF WORK
The 2018 Rideshare Week theme was "It's Your Life, Enjoy the Ride." OCTA reached out to the WTC team to commission a series of eye-catching digital and print marketing pieces, including a landing page, email templates, retractable banners, postcards, posters and ads. The playful campaign includes line art illustrations of animals such as rabbits, bears, sloths and owls doing anthropomorphic things while engaging in ridesharing activities such as carpooling, alongside pun-y taglines such as "Don't drive owl by yourself."
RIDESHARE WEEK E
PLEDGE TO SHARE
THE RIDE AND WIN!
THE NOn
EDGE AND LEARN MOI
a.mut/Adesbarowe
APPENDIX A
WE THE
CREATIVE
49 &
Go gle
RIDESHARE WEEK
Bus Make your commute more Bearable octant/itdoshareweak TURE
on: best
RIDESHARE
WEEK
CARPOOL
Don't drive
Ow by
yourselt
OCT.
LEARN MORE
Instagram
OCTA
RIDESHARE
WEEK RIDESHARE
CARPOOL
RIDESHARE
PLEDGE TO WINI
PLEDGE a 7
OCTA Ridesharo Woekl! @plodgelown
Q
APPENDIX A
WETHE
CREATIVE
PLEDGE TO SHARE TH WINI RIDE AND
octa.net/tidecharoweok
090.
PLEDGE TO THENIN
SHARE RIDE AND octa.not/ridesharewook
PLEDGE TO RIDEAND WINE
octa.net/ridosharoweok
dee!
RIDESHARE
WEEK 2018
17-5
PLEDGE TO SHARE
THE RIDE AND WINI
Fede and Learn More
APPENDIX A
WE THE
CREATIVE
Rodeshare Week
RIDESHARE WEEK Jest
RIDESHARE WEEK
RIDESHARE
WEEK 2018
PLEDGE TO SHARE
THE RIDE AND WINI
Pledge and Learn Horr
KEY TAKEAWAYS:
Among Facebook Email marketing was RideMatch. info traffic Google display ads conversions: send to three distinct lists spiked by 2,000%, with served up 173,795 Overwhelmingly female, - CTRs slightly higher 67% of traffic coming impressions, producing a with the average among than industry average from new users. CTR of .32%, consistent all ages being nearly 60%. with industry averages.
COMBINED FACEBOOK AND GOOGLE DISPLAY ADS PRODUCED 881,158 IMPRESSIONS.
APPENDIX A
WE THE
CREATIVE
PROJECT NAME CLIENT COMPLETED CONTACT
Bring Your Own Long Beach City of Long Beach 2018 Erin Rowland City #BYOLBC Environmental Services Waste Diversion/Recycling Officer Bureau (ESB), (562) 570-2851
[email protected]
DESCRIPTION OF WORK
Develop a strategic marketing campaign and execution plan to engage and convert residents to bring their own reusable coffee/drink cups, straws, to-go containers and grocery/produce bags to reduce their reliance on disposable single-use items.
• Increase awareness of the EPS ordinance
• Educate residents on BYO options
• Increase participation in the City of Long Beach's Bring Your Own (BYO) initiatives • Develop measurable metrics
The design direction chosen was a play on the iconic Rosie the Riveter "Call to Arms" poster. By reinforcing the "We Can Do It" message, the concept was to show different forearms holding up a variety of reusable containers alongside the tagline "I choose to reuse" personifying empowered and passionate residents making the choice to make the change. The bright primary color palette and varying patterned backgrounds were eye-catching and representative of Long Beach's diversity.
The campaign ran during the summer of 2018 and partnered with the City Park/Rec/Marine Bureau to educate residents through a booth at City Events and through the use of Street Teams reaching out to residents at the events.
This was one way we were able to directly interact with city residents. Overall, the Street Teams were present at more than 20 city-wide events.
Deliverables/marketing items:
- Social Media (Facebook, Instagram, Twitter)
- Google Ads
- Weekly Emails (welcome/signup email, event update email) - Website Landing Page
- 2 Billboard Ads
- Tchotchke/Giveaway Items
- Street Team Events (included canopy and table signage, t-shirts and marketing material)
APPENDIX A
WE THE
CREATIVE
SAVE MONEY
Instagram SIGN UP
Find us at
MARINE OLSET REUS ONLINE
City of Long Boach
Sponsored
STADIUM
#EVOLBC
TO REUSE
Find us at
4TH FRIDAY
ON 4TH STREET SO TEMBER WINER
JULY #BYOLBC
WINNER
Leam Moce
SAVOTE ANNOUCEMENT
11.280 Likos
CityofLongBoach I choose lo reuse! PBYOLBC СОВТ ТРЕНИЯ РЕ РОВА +
TONGMACH
FIND US AT
#BYOLBC EL DORADO
savotic: PARK WEST
"BYOLBC
SOCIAL CAMPAIGN (More than 150 posts in 13 weeks)
I CHOOSE TO REUSE I CHOOSE
TO REUSE protect #BYOLBC 3
"VOLBC
orBeach goviBYOLEC
ne for Changel It'a Time to Choose to Reuse!
contanen in focus thered singe we diposabies. By bringi Long choroLic 3 REASONS
TO CHOOSE TO REUSE
Why Do You Choose to Rouse? money
I CHOOSE
TO REUSE protoct protoct You'll
YOLBC 3
and our city You'l help our
EMAIL CAPTURE HANDOUT 3 REASONS HANDOUT
APPENDIX A
WE THE
REATIVE
I CHOOSE
Nawieale
Event's
Get inched
TO REUSE tPS Orcnaxe
#BYOLBC
Connect Wilh Us
For Updale:
Srn Uo Here
I CHODSE TO REUSE Fine Us Online
WHAT'S GOINS
UCHUUSE
TO REUSE
12 #BYOLBC
HT DD YOU CHODSE TO REUSE?
1.58 WEBSITE DESIGN
SMALL STEPS,
BIG STRIDES
MELCEMEL
WHAT'S
GOING ON?
SEPT SEPT
28 29 30
25 -
ENTER ERR A CHASTE TO WIN
0000
Consr Coromt. "
EMAIL DESIGN
APPENDIX A
WE THE
CREATIVE
STREET TEAM OVERVIEW
MISSION ESE TAR
PLAYBOOK
Te start the upcoming Exist ff yore s
Bring Your Own Campaign charging the bower at city roside targetes
I CHOOSE
TO REUSE
OBJECTIVE #BYOLBC
can caffestek case stando go nectar
plastic item
LONGBEACH
STREET TEAM HANDBOOK
I CHOOSE TO REUSE #BYOLBC
I CHOOSE
TO REUSE
#BYOLBC
I CHOOSE
CITY OF
LONG
BEACH TO REUSE
#BYOLBC
STREET TEAM POP-UP TENT
APPENDIX A
WE THE
CREATIVE
I CHOOSE TO REUSE #BYOLBC
• CHOOSE
* REUSE
NEP OLEC
I CHOOSE
TO REUSE
#BYOLSC
CONCERTS
BENSI
T CHUOSE TO REUSE #BYOLBC
ICHOOSE,
#E
ING. MUD MANIA
CHOOSE
TO RELAS
I CHOOSE
CITY OF
#BYOLBC
LONG TO REUSE
BEACH
#BYOLBC 4TH FRIDAY
ACTIVATIONS
APPENDIX A
TILL
WE THE
CREATIVE
LONGBEACH
#BYOLBC
LONGBEACH
#BYOLBC
TO GO CONTAINERS BAGS
ICHOOSE
TO REUSE
#BYOLEC
REUSABLE METAL STRAWS CAMPAIGN PIN
APPENDIX A
WE THE
CREATIVE
JILLIAN MARTINEZ Project Manager (Key Staff)
Jillian works closely with clients and internal teams to best meet client needs. Her responsibilities encompass administration, project tracking, research and handling budgets as well as composing client correspondence, creating presentations and maintaining contact lists.
GOVERNMENT EXPERIENCE
3 Years: City of Lancaster, City of Long Beach, City of Santa Monica, John Wayne Airport, Orange County Transportation Authority, Town of Danville, SunLine Transit Agency and Sonoma County
EDUCATION
Bachelor of Arts Communications: Advertising, California State University, Fullerton, 2017
EXPERIENCE
07/18 - Present
Jovenville, LLC/We The Creative
27132 Paseo Espada, Suite B1225, San Juan Capistrano, CA 92675 Duties: Responsible for client services and traffic for all projects. Works closely with all clients with the ability to understand client needs and get projects done on time and within budget. 10/17 - 05/18
Digital Marketing Specialist, Your Marketing People
200 Spectrum Center Dr Suite 300-B, Irvine, CA 92618
Managed different client accounts on social media, website content, email marketing, SEM campaign creation and copywriting. Managed and assigned tasks to myself and coworkers for clients' projects through Asana and participated in weekly meetings. Created and edited email marketing campaigns through marketing automation tools like Dotmailer, Marketo, and MailChimp. Built social media campaigns, create and manage social media calendars, create content, and edit pictures in Photoshop for clients. Read clients' Google Analytics and Google Ad Words reports.
COMPUTER SKILLS
Proficient in all the latest graphic programs including, Adobe Suite, Dotmailer, MailChimp, Google Analytics/Adwords, Marketo, Social Media, Microsoft Office
APPENDIX B
WE THE
CREATIVE
JOVEN OROZCO President & Chief Creative Officer (Key Staff) Joven integrates the fundamental understanding of business goals and objectives with precise creative solutions to produce and deliver accurate products. He provides strategic supervision on all client projects from initial discovery to final delivery. Joven always works hard to remain fresh, competitive and ahead of the market.
GOVERNMENT EXPERIENCE
15 Years: City of Aliso Viejo, City of Anaheim, City of Carlsbad, City of Costa Mesa, City of Hayward, City of Irvine, City of Long Beach, City of Palo Alto, City of San Buenaventura, City of Santa Monica, John Wayne Airport, Los Angeles County, Los Angeles World Airports, Omnitrans of San Bernardino, Orange County Council of Governments, Orange County Transportation Authority, Sonoma County, Van Nuys Airport
EDUCATION
Bachelor of Fine Art with an emphasis in Graphic Design, California State University, Fullerton, 1995
EXPERIENCE
07/95 - Present
Chief Creative Officer, Jovenville, LLC/We The Creative, 27132 Paseo Espada, Suite B1225, San Juan Capistrano, CA 92675
Duties: Team leader responsible for strategic and creative direction for all projects and to oversee all work through production and delivery
07/96 - 01/00
Partner, Joken Industries 2814 Lafayette Ave., Newport Beach, CA 92663 Duties: Responsible for creative development, sales and marketing 09/96 - 05/97
Typography Instructor, Cal State University, Fullerton, 800 N. State College Blvd., Fullerton, CA 92831 Duties: Responsible for class structure and nurturing students to become good designers who understand the importance and fundamentals of type
CLUBS / ORGANIZATIONS
AIGA Orange County, Board Member, Vice President of Operations Orange County Ad Federation, Member
AWARDS
Orange County Ad Club Judges Choice, AIGA OC Design Awards, Best of Show, OCPRSA, Best of Show, and How Magazine Best of Category
APPENDIX B
WE THE
CREATIVE
ANDY RUIZ Creative Director (Key Staff)
Andy works professionally in tandem with his education. He has gained valuable on-the-job practical experience to supplement textbook knowledge with his work on concept-driven branding and marketing campaigns. As a passionate designer, he continues to challenge himself by making visually-compelling designs that are both purposeful and solution-oriented
GOVERNMENT EXPERIENCE
6 Years: City of Anaheim, City of Costa Mesa, City of Hayward, City of LancasterCity of Long Beach, City of Palo Alto, City of Santa Monica, John Wayne Airport, Los Angeles County, Marin Transit, Orange County Transportation Authority, SunLine Transit Agency, Sonoma County
EDUCATION
Bachelor of Fine Art with an emphasis in Graphic Design, California State University, Fullerton, 2015
EXPERIENCE
04/15 - Present
Jovenville, LLC/We The Creative, 27132 Paseo Espada, Ste. B1225, San Juan Capistrano, CA 92675 Duties: Works closely with design team to carry out designs across a variety of mediums. 04/15 - 06/15
Graphic Design Assistant, CSUF Mihaylo College of Business and Economics Focused on print-driven projects. Collaborated with lead designer and marketing manager. Work on large college campaigns and projects from concept to design and production. 12/09 - 02/13
Graphic Designer, Komet Creations LLC
Responsible for print projects, consisting of product catalog and ads. Maintained website and designeo monthly eblast. Developed and designed plush products. Photographed all product images.
Communicated with art directors of major corporations to produce licensed products.
COMPUTER SKILLS
Proficient in all the latest graphic programs including, Adobe Photoshop, Illustrator, Acrobat, Indesign, Microsoft Office, Macromedia Dreamweaver, Fireworks, Flash, and Quark Xpress
CLUBS / ORGANIZATIONS
AIGA Orange County, Member
AWARDS
Orange County Ad Club Judges Choice, AIGA OC Design Awards, Best of Show, OCPRSA, Best of Show, and How Magazine Best of Category
APPENDIX B
WE THE
CREATIVE
ASHLEY PATTERSON Public Relations Strategy / Planning (Key Staff) Ashley Patterson has been a communications consultant for nearly two decades and founded The ACE Agency in 2009. Today destinations, cultural institutions, corporations, non-profits, and communities rely on the agency's uniquely designed media and community outreach campaigns to expand and increase visibility within targeted demographics. Honors and achievements throughout her career include "40 Under 40 Most Successful Entrepreneurs and Executives", "Best Promoter" and "Women to Watch".
Project Duties: Research and discovery, strategy, and PR, media, marketing and advertising planning
EDUCATION
Orange County High School of the Arts and the School of life
EXPERIENCE
2001-Present
The Ace Agency: CEO & Director
221 N. Sycamore Street, Santa Ana, CA 92701
Duties: Staff leadership, business development, strategy and oversight of execution of all programs and campaigns from concept to execution and wrap.
CIDe APPENDIX B
ATTACHMENT D
OCTA Cooperative Agreement
1 COOPERATIVE AGREEMENT NO. C-9-1845
2 BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 CITY OF LAGUNA NIGUEL
6 FOR
7 LAGUNA NIGUEL SUMMER TROLLEY (PROJECT V COMMUNITY - BASED 8 TRANSIT/CIRCULATORS, PROJECT NO. 19-LNIG-CBT-3954)
9 10 THIS COOPERATIVE AGREEMENT is effective this 14 day of Febrvar → 2020 11 ('Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, 12 P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California 13 (hereinafter referred to as "AUTHORITY" or "OCTA"), and the City of Laguna Niguel, 30111 Crown 14 Valley Parkway, Laguna Niguel, California 92677, a municipal corporation (hereinafter referred to as 15 "CITY"), each individually known as "PARTY," and/or collectively known as "PARTIES." 16 RECITALS:
17 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the 18 roles and responsibilities related to funding between AUTHORITY and CITY for capital and operating 19 subsidy funds for community-based transit services for the Laguna Niguel Summer Trolley (hereinafter 20 referred to as PROJECT) in accordance with Exhibit A Scope of Work, entitled "Laguna Niguel Summer 21 Trolley"; and
22 WHEREAS, AUTHORITY's Board of Directors (Board) approved the Renewed Measure M2 23 Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent 24 amendments, most recently on April 8, 2019; and
25 WHEREAS, AUTHORITY's Board approved the most applicable updated Comprehensive 26 Transportation Funding Programs (CTFP) Guidelines on February 12, 2018; herein
L:1CammICLERICALIWORDPROCIAGREEV4G91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 referred to as 2018 CTFP; and
2 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility 3 Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent 4 update is incorporated herein by reference; and
5 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY annually fulfilling M2 eligibility requirements; and
7 WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the 2018 CTFP 8 except where specific instruction is provided through Project V Guidelines or within this Cooperative 9 Agreement; and
10 WHEREAS, CITY will contract directly with service provider to operate PROJECT; and 11 WHEREAS, CITY's service is open to the public, and fully accessible for persons with 12 disabilities, in compliance with the Americans with Disabilities Act (ADA); and 13 WHEREAS, AUTHORITY has agreed to provide Project V funding in the amount not-to-exceed 14 Eight Hundred Eighty-Six Thousand, Eighty-Two Dollars ($886,082) for up to five (5) years, of which the 15 AUTHORITY and CITY agree the capital to be provided by AUTHORITY is Two Hundred Eighteen 16 Thousand, One Hundred Sixty Dollars ($218,160) and the annual operating subsidy will be provided 17 consistent with operating statistics as defined in the CTFP Guidelines in an uninflated amount of Six 18 Hundred Sixty-Seven Thousand, Nine Hundred Twenty-Two Dollars ($667,922); and 19 WHEREAS, CITY has agreed to provide a minimum of Ten Percent (10%) local match of at 20 least Twenty-Four Thousand, Two Hundred Forty Dollars ($24,240) for capital costs and Seventy-Four 21 Thousand, Two Hundred Fourteen Dollars ($74,214) for operating match for up to five (5) years in 22 accordance with Exhibit B, entitled "Laguna Niguel Trolley Funding Table" subject to performance 23 requirements outlined in the CTFP Guidelines and AUTHORITY funding limitations; and 24 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and 25 funding responsibilities between the AUTHORITY and CITY for PROJECT; and 26
L:1Camm\CLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 WHEREAS, the AUTHORITY's Board approved this PROJECT on October 14, 2019; and 2 WHEREAS, CITY's Council approved this Cooperative Agreement on this Z/day of 3 Janvary 2020, and
4 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as 5 follows:
6 ARTICLE 1. COMPLETE COOPERATIVE AGREEMENT
7 A. This Cooperative Agreement, including any attachments incorporated herein and 8 made applicable by reference, constitutes the complete and exclusive statement of the terms) and 9 condition(s) of this Cooperative Agreement between the AUTHORITY and CITY and it supersedes 10 all prior representations, understandings, and communications on the terms of the Cooperative 11 Agreement. The invalidity in whole or in part of any term or condition of this Cooperative Agreement 12 shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above 13 referenced Recitals are true and correct and are incorporated by reference herein. 14 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any 15 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or 16 relinquishment of AUTHORITY's right to such performance or to future performance of such terms) 17 or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. 18 Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY 19 except when specifically confirmed in writing by an authorized representative of AUTHORITY by way 20 of a written amendment to this Cooperative Agreement and issued in accordance with the provisions 21 of this Cooperative Agreement.
22 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any 23 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or 24 relinquishment of CITY's right to such performance or to future performance of such terms) or 25 condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. 26 Changes to any portion of this Cooperative Agreement shall not be binding upon CITY except when
L:1CammICLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 specifically confirmed in writing by an authorized representative of CITY by way of a written 2 amendment to this Cooperative Agreement and issued in accordance with the provisions of this 3 Cooperative Agreement.
4 ARTICLE 2. SCOPE OF COOPERATIVE AGREEMENT
5 This Cooperative Agreement specifies the roles and responsibilities of both AUTHORITY and 6 CITY as they pertain to the subjects and PROJECT addressed herein. Both AUTHORITY and CITY 7 agree that each will cooperate and coordinate with the other in all activities covered by this Cooperative 8 Agreement and any other supplemental Cooperative Agreements, including Letter Agreements, which 9 may be required to facilitate purposes thereof.
10 ARTICLE 3. RESPONSIBILITES OF AUTHORITY
11 AUTHORITY agrees to the following responsibilities for PROJECT:
12 A. Upon acceptable invoice, to provide CITY operating subsidy in the amount up to and 13 not-to-exceed Six Hundred Sixty-Seven Thousand, Nine Hundred Twenty-Two Dollars ($667,922) for 14 up to five (5) years consistent with Exhibit B, entitled "Laguna Niguel Trolley Funding Table". Operating 15 subsidy will be net of fares and no more than Nine Dollars ($9.00) per boarding or Ninety Percent (90%) 16 of operations and maintenance (O&M) costs whichever is lower. 17 B. AUTHORITY shall provide PROJECT funding for Ninety Percent (90%) of capital costs 18 in the amount up to and not-to-exceed Two Hundred Eighteen Thousand, One Hundred Sixty Dollars 19 ($218,160).
20 C. AUTHORITY will review CITY's project operating statistics and provide regular updates to 21 the OCTA Board on service performance.
22 D. AUTHORITY shall provide sixty (60) days' notice to CITY that support for service will be 23 discontinued in the event that the minimum performance standards are not met by the end of the first 24 year of service and maintained every year thereafter. 25 26
L:1CammICLERICALIWORDPROC/AGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 After sixty (60) calendar day notice, AUTHORITY will discontinue funding due to 2 minimum performance standards not being met in accordance with the Board approved Project V 3 Guidelines.
4 F. AUTHORITY will provide M2 (OCGO) logos, which may include decals for vehicles and 5 digital artwork for marketing and publication purposes. CITY shall coordinate with OCTA in regard to the 6 sizing, placement, and furnishing of decals.
7 ARTICLE 4. RESPONSIBILITIES OF CITY
8 CITY agrees to the following responsibilities for PROJECT:
9 A. To provide transit or community shuttle service consistent with the project scope 10 identified in Exhibit A.
11 B. To provide eligible local match funds at a minimum of ten percent (10%) of Capital costs 12 and a minimum of ten percent (10%) of O&M costs (less fares) or to provide O&M costs (less fares) 13 required after AUTHORITY has paid Nine Dollars ($9) per boarding, inflated annually as needed, 14 whichever O&M contribution is greater, in accordance with Exhibit B, entitled "Laguna Niguel Trolley 15 Funding Table".
16 C. If CITY receives operating or capital subsidy for PROJECT from any other 17 non-AUTHORITY source, including fares, CITY will not invoice AUTHORITY for the amount received 18 from the other non-AUTHORITY source(s).
19 D. CITY will submit project reports to AUTHORITY using Exhibit C, entitled "Project V 20 Quarterly Report", herein referred to as Exhibit C, and shall provide to AUTHORITY the monthly 21 Revenue Vehicle Hours, Revenue Vehicle Miles, Boardings, and project cost related to the PROJECT 22 service on a quarterly basis, as identified in the Project V Guidelines and as applicable. 23 F. CITY will invoice AUTHORITY not more frequently than quarterly to receive 24 reimbursement consistent with ARTICLE 5. REQUEST FOR REIMBURSEMENT. Furthermore, the 25 CITY shall provide separate and distinct cost accounting for all Project V funded services and include 26 and identify any non-AUTHORITY or grant revenues, including fares, received along with any
L: (Camm|CLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 requirements associated with external fund sources for the PROJECT to confirm AUTHORITY share 2 and local match. A sample invoice is provided as Exhibit D. 3 G. CITY service shall meet minimum performance standard of an average of six (6) 4 boardings per revenue vehicle hour by the end of Year 1 of operation. In Year 2 of operation, City 5 service shall maintain an average of six (6) boardings per revenue vehicle hour each reporting period 6 and meet or exceed an average of ten (10) boardings per revenue vehicle hour by the end of Year 2. 7 CITY service shall maintain an average of at least ten (10) boardings per revenue vehicle hour 8 thereafter.
9 H. CITY acknowledges that if the Project V funded service does not adhere to the minimum 10 performance standards identified in Article 4, subsection G, AUTHORITY will cancel funding for service 11 upon sixty (60) calendar day written notice.
12 I. CITY agrees to place AUTHORITY's M2 (OCGO) decals on the vehicles used for 13 service and on marketing and related service publication materials, including software applications. 14 J. CITY is required to use capital goods purchased with Project V funding, such as but not 15 limited to bus/vehicles, equipment, facilities, and bus stop amenities, for their entire useful life and/or 16 through the termination of the service. For vehicles purchased with Project V funding, if termination 17 occurs prior to the completion of the capital item's useful life and/or grant term, CITY is responsible for 18 repaying AUTHORITY the same percentage of the sale price (or estimated value of the assets) based 19 on straight line depreciation of the assets]), consistent with the Project V percentage of the initial 20 purchase. Useful life shall be based upon AUTHORITY's policy for service life, where applicable. 21 K. CITY is required to coordinate and seek approval from AUTHORITY regarding any 22 changes to project scope in Exhibit A.
23 L. CITY shall be responsible for providing ample notification to its customers at a minimum 24 of fourteen (14) calendar days prior to any significant service changes and/or service cancellation. 25 M. CITY shall submit an ADA Service Plan to AUTHORITY for review and approval prior to 26 the starting services identified in Exhibit A and shall ensure service meets ADA requirements.
L:1CammICLERICALIWORDPROCIAGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
ARTICLE 5. REQUEST FOR REIMBURSEMENT
2 A. CITY shall contribute matching funds, as is specified within this Cooperative Agreement 3 in Article 4, paragraph B, toward the actual costs of PROJECT. 4 B. CITY shall invoice AUTHORITY within ninety (90) days of special event service or 5 seasonal service to receive reimbursement in accordance with Exhibit B, entitled "Laguna Niguel Trolley 6 Funding Table" and provide supporting documentation according to the payments procedures identified 7 in the 2018 CTFP Guidelines and incorporated into this Cooperative Agreement. CITY's invoice shall 8 include allowable PROJECT costs incurred and paid for by CITY consistent with the PROJECT's Scope 9 of Work. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the 10 accuracy of the included information. Advance payments by AUTHORITY are not allowed 11 C. The invoice must be submitted on CITY's letterhead. 12 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts 13 Payable Office. Each invoice shall include the following information:
14 Cooperative Agreement Number C-9-1845;
15 2. The total PROJECT expenditures including the percent and amount to 16 be reimbursed shall not exceed Ninety Percent (90%) of Capital cost and not exceed Ninety Percent 17 (90%) of O&M costs or Nine Dollars ($9) per boarding for O&M (less fares), whichever is less for O&M 18 in accordance with Exhibit B, entitled "Laguna Niguel Trolley Funding Table". In addition, if CITY 19 receives capital or operating subsidy from any other non-AUTHORITY source, CITY will not invoice 20 OCTA for the amount received from the other non-AUTHORITY sources). Supporting documentation 21 for all expenses must be provided, including invoices. 22 3. Adequate detail describing all work completed.
23 4. Documentation providing evidence that the contractors), including 24 service provider/operator, has been paid by CITY.
25 5. Each invoice for O&M subsidy will include the following operating 26 statistics for the invoicing period and for the fiscal year (July 1 through June 30) to date: revenue vehicle
L:1CammICLERICALIWORDPROCIAGREE/AG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 hours, total boardings, boardings per revenue vehicle hour, operating costs, net operating costs (costs 2 less fares), reimbursement per net operating costs, and reimbursement per boarding. 3 6. Such other information as requested by AUTHORITY.
4 E. Total payments shall not exceed the Funding Amount specified in Article 3, paragraphs 5 A and B above.
6 F. CITY shall submit final invoice no later than one hundred eighty (180) days after 7 completion of PROJECT.
8 ARTICLE 6. DELEGATED AUTHORITY
9 The actions required to be taken by CITY in the implementation of this Cooperative Agreement 10 are delegated to its Director of Public Works, or his/her designee, and the actions required to be taken 11 by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's 12 Chief Executive Officer or his designee.
13 ARTICLE 7. AUDIT AND INSPECTION
14 AUTHORITY and CITY shall maintain a complete set of records in accordance with generally 15 accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized 16 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, 17 and other data and records of CITY for a period of five (5) years after final payment, or completion of 18 audit by the AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of 19 audit, the date of completion of this Cooperative Agreement shall be the date of AUTHORITY'S 20 payment of CITY's final billing under this Cooperative Agreement. AUTHORITY shall have the right to 21 reproduce any such books, records, and accounts. The above provision with respect to audits shall 22 extend to and/or be included in contracts with CITY's contractors). 23 ARTICLE 8. MUTUAL INDEMNIFICATION
24 A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and 25 expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold 26 harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified
L:1Camm|CLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, 2 judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses 3 including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising 4 from injuries to or death of persons (CITY's employees included), for damage to property, including 5 property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, 6 alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, 7 directors, employees or agents in connection with or arising out of the performance of this Cooperative 8 Agreement.
9 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 10 cost and expense with legal counsel reasonably acceptable to CITY, indemnify, protect, and hold 11 harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), 12 from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, 13 arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal 14 costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to 15 or death of persons (AUTHORITY's employees included), for damage to property, including property 16 owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be 17 caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, 18 employees or agents in connection with or arising out of the performance of this Cooperative 19 Agreement.
20 C. The indemnification and defense obligations of this Cooperative Agreement shall survive 21 its expiration or termination.
22 ARTICLE 9. ADDITIONAL PROVISIONS:
23 PARTIES agree to the following mutual responsibilities:
24 A. Term of Cooperative Agreement: This Cooperative Agreement shall continue in full force 25 and effect from the effective date until December 31, 2025, unless otherwise terminated as provided in 26 this Article. This Cooperative Agreement may only be extended upon mutual consent by both
L:1CammICLERICALIWORDPROCIAGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 PARTIES.
2 B. Termination: In the event either PARTY defaults in the performance of their obligations 3 under this Cooperative Agreement or breaches any of the provisions of this Cooperative Agreement, 4 the non-defaulting PARTY shall have the option to terminate this Cooperative Agreement upon sixty 5 (60) calendar days' prior written notice to the other PARTY. 6 C. Termination for Convenience: Either PARTY may terminate this Cooperative 7 Agreement for its convenience by providing sixty (60) days' prior written notice of its intent to terminate 8 for convenience to the other PARTY.
9 D. Amendments: This Cooperative Agreement may be amended in writing at any time by 10 the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in 11 writing by all PARTIES.
12 E. PARTIES shall comply with all applicable federal, state, and local laws, statues, 13 ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 14 F. Legal Authority: PARTIES hereto consent that they are authorized to execute this 15 Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative 16 Agreement, PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. 17 G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 18 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent 19 jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, 20 provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the 21 fullest extent permitted by law.
22 H. Counterparts of Cooperative Agreement: This Cooperative Agreement may be executed 23 and delivered in any number of counterparts, each of which, when executed and delivered shall be 24 deemed an original and all of which together shall constitute the same Cooperative Agreement. 25 Facsimile signatures will be permitted.
26
L:1CammICLERICALIWORDPROCIAGREEI4G91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 1. Force Maieure: Each of the PARTIES shall be excused from performing its obligations 2 under this Cooperative Agreement during the time and to the extent that it is prevented from performing 3 by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; 4 acts of God; commandeering of material, products, plants or facilities by the federal, state or local 5 government; national fuel shortage; or a material act or omission by the other PARTY; when 6 satisfactory evidence of such cause is presented to the other PARTY, and provided further that such 7 nonperformance is unforeseeable, beyond control and is not due to the fault or negligence of the 8 PARTY not performing
9 J. Assignment: Neither this Cooperative Agreement, nor any of the PARTIES' rights, 10 obligations, duties, or authority hereunder may be assigned in whole or in part by any party without the 11 prior written consent of the other parties in their sole and absolute discretion. Any such attempt of 12 assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be 13 deemed consent to any subsequent assignment, nor the waiver of any right to consent to such 14 subsequent assignment.
15 Governing Law: The laws of the State of California and applicable local and federal 16 laws, regulations and guidelines shall govern this Cooperative Agreement. 17 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the 18 performance thereof, the court shall award costs and expenses, including attorney's fees, to the 19 prevailing party.
20 M. Notices: Any notices, requests, or demands made between the parties pursuant to this 21 Cooperative Agreement are to be directed as follows:
22 /
23 24 /
25 /
26
L:1CammICLERICALIWORDPROCIAGREE/AG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 TO CITY: To AUTHORITY:
City of Laguna Niguel Orange County Transportation Authority 2 3
30111 Crown Valley Parkway, 550 South Main Street
Laguna Niguel, CA 92677 P. O. Box 14184
4 Orange, CA 92863-1584
5 6 Attention: Jacki Scott Attention: Luis Martinez
7 Public Works Director Associate Contract Administrator 8 9
10 Tel: (949) 362-4337 Tel: (714) 560-5767
E-mail: [email protected] E-mail: [email protected] 12 13 N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and 14 inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES 15 hereto.
16 18
19 20 /
21 /
22 /
23 /
24 /
25 26
L:1CammICLERICALIWORDPROCIAGREEIAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
1 This Cooperative Agreement shall be made effective upon execution by both parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Cooperative Agreement 3 No. C-9-1845 to be executed on the date first above written. 4 CITY OF LAGUNA NIGUEL
5 on Tamara setonna on.
Tamara S. Letourneau Darrell E. Johnson
7 City Manager Chief Executive Officer
Date: _ 713/200 Date: 2-19-2026
8 7
9 APPROVED AS TO FORM
lens ton By: Cassi tr,for
10 11 Eileen C. Gomez James M. Donich
City Clerk General Counsel
12 APPROVED AS TO FORM: APPROVAL RECOMMENDED
13 By: Reveri 9L. Emis
By:_
14 Kevin G. Ennis Kia Mortazavi
15 City Attorney Executive Director, Planning
16 2/3/2020 Dated: 2-18-2020
Dated:
17 18
19 20
21 22
23 24
25 26
L:1CammICLERICALIWORDPROC/AGREEVAG91845.doc
COOPERATIVE AGREEMENT NO. C-9-1845
EXHIBIT A
SCOPE OF WORK
LAGUNA NIGUEL SUMMER TROLLEY
PROJECT SUMMARY
The Laguna Niguel Summer Trolley Service is a summer program service that shall operate between Memorial Day weekend and Labor Day weekend (approximately 15 weeks) and would run from Thursday through Sunday for a total of five (5) summers. The service includes a total of two (2) vehicles and one (1) back up vehicle. The vehicles shall hold a total of twenty (20) passengers and shall include branding/wrapping of the vehicle to clearly distinguish itself from local buses and/or shuttle services.
The City shall outsource administration and operations of the trolley service to a contractor. The trolley service contractor shall also develop and provide a real-time vehicle tracking application for passenger use. This application shall provide real-time vehicle location and arrival/departure times for stop locations.
In addition, the transit service contractor shall develop and provide General Transit Feed Specification (GTFS) data for the service route. The GTFS data shall assist with integrating the proposed service with other public transportation routes/systems such as the Orange County Transportation Authority (OCTA) or other Project V routes; this data may also be used by various trip planning software.
As the City shall be outsourcing for the administration and operations of the trolley service to a contractor, maintenance and maintenance facilities shall not be needed by the City. Maintenance of vehicles shall be performed by the vendor at the vendor's maintenance facility. In addition, a single back-up trolley shall be made available by the vendor in the event of vehicle breakdown/shut-down.
The proposed route times and connections are provided as follows, actual times and location may vary slightly:
Trolley Route Time Table
Stop Locations Time
Laguna Niguel Library 0:00
SB Pacific Coast FS Monarch Bay 0:07
Ritz Carlton Dr at Ritz Carlton 0:08
Loading/Unloading 0:12
NB Pacific Coast FS Niquel 0:14
NB Pacific Coast FS Monarch Bay 0:16
_aguna Niguel Library 0:22
_oading/Unloading 0:26
Fixed Route Transit Connections
Service Provider Route
Dana Point Trolley
Laguna Beach Trolley 2 - South Laguna/Rilz
Laguna Beach Trolley 7 - Long Coastal
OCTA 1 - Long Beach - San Clemente
OCTA 85 - Mission Viejo - Laguna Beach
OCTA 187 - Rancho Santa Margarita - Laguna Niguel
1 COOPERATIVE AGREEMENT NO. C-9-1845
EXHIBIT A
PROJECT LOCATION/SERVICE AREA
Stop No. Stop Name
Laguna Niguel City Hall
Metrosint
Station
Pacific Coast Highway-
Crown Valley Phary Southbound / Monarch Bay
Drive
Library,
CNic Canter Ritz Carlton Drive
(connection to Laguna
Beach / Dana Point trolleys)
Pacific Coast Highway -
Northbound / Niguel Roac
Legend acific Coast Highway.
orthbound / Monarch Ba
• OCTA ROLlAs
Road
Beach 0 025 05 15 3Mos
Laguna figuel Trolley Transfer
SPECIAL EVENTS
Special event services shall also include the following events:
Special Event Transit (Revised)
Event Name Time Location
Held each year, four separate
Annual Summer concerts on a Thursday or Friday Thursday or Friday: Laguna Niguel, CA Concert Series between June - August. 5pm - 9pm
hursday
am - 9pr
Fourth of July Available each year if July 4" falls on Friday & Saturday: Laguna Niguel, CA Celebrations a Thursday - Sunday. 10am - 10pm
Sunday
11am - 9pr
Friday & Saturday:
Held each year, the third Friday - 10am - 10pm Laguna Niguel, CA Annual Carnival Sunday of August. Sunday:
11am - 9pm
Annual Haunted Held each year, the third Thursday - Thursday - Sunday:
Trails (Halloween Saturday of October. Laguna Niguel, CA 5pm - 10pm
Event)
Annual Holiday Held each year, the second Saturday Saturday: Laguna Niguel, CA * Dare and imes may change coco fear at the discretion of the cly 8am - 1pm 2 COOPERATIVE AGREEMENT NO. C-9-1845
EXHIBIT B
Laguna Niguel Trolley Funding Table
Year 1* Year 2 Year 3 Year 4 Year 5
CAPITAL
OCTA Capital 90% 1/ 42,525 42,525 $ 44,370 44,370 $ 218,160 Local Match 10%2 Total Capital S 4,725 $ $ 14,930
47,250 47,250 49,300 49,300 49,300
0&M
OCTA Operations 90%1 136,922 $ 127,458 129,960 $ 134,307 $ 139,275 $ 667,922 Local Match 10% 15,214 14,162 14,440 14,923 15.475 $
Total 08M $ 141,620
152,135 144,400 149,230 154.750 $
OCTA 90% Share $ 179,447 169,983 174.330 $ 178.677 $ 183,645 $ 886,082 City 10% Match $ 19,853 20,405 $
Proiect Total Cost $ 199,385 $ 188,870 $ 193,700 $ 198,530 204,050 $ *Service anticipated to start May 2020
1 Award may be escalated based on need and Consumer Price Index for future vears.
OCTA operating subsidy will be no more than $9 per boarding, or 90% of net O&M costs, whichever is lower. There is no guarantee that OCTA will reimburse at 90% unless there is sufficient ridership to achieve a 90% reimbursement based on $9 per passenger.
COOPERATIVE AGREEMENT NO. C-9-1845
EXHIBIT C
OCTA PROJECT V QUARTERLY REPORT
Ridership & Statistical Data
Instructions for Submittal
Use this form to submit the required quarterly ridership reports for Project V funded services in operation. To remain in compliance with the CTFP Guidelines, service must the minimum service performance standards as Project Title: Click here to enter text.
Agency: Click here to enter text.
Fiscal Year Quarter Time Period Estimated Costs
19/20 1 July 1 - September 30 Click to enter.
Ridership and Statistical Data
Month/Year Revenue Vehicle Revenue Vehicle Cost per Cost per RVH Miles (RVM) Boardings Hours (RVH) Boarding Cost per RVM Click to Click to Click to
Click to enter. Click 1o enter. Click to enter. Click to enter. enter. enter. enter.
Click to Click to Click to
Click to enter Click to enter Click io enter. Click to enter. enter. enter. enter.
Click to Click to Click to
Click to enter. Click to enter. Click to enter. Click to enter:
enter. enter. enter.
TOTAL Click to Click to
Click to enter. Click to enter. Click io enter. Click to enter. enter. enter:
Total Boardings per
RVH
(Boardings/RVH)
I hereby certify that the information provided here is true, complete, and correct in all material respects.
Click to enter.
Print Name Signature Date
Orange County Transportation Authority
550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 COOPERATIVE AGREEMENT NO. C-9-1845
EXHIBIT D
INVOICE TEMPLATE
PROJECT V - CAPITAL AND OPERATIONS & MAINTENANCE INVOICE Project Title:
Agency: Invoice Date:
To: Orange County Transportation Authority Invoice Number 600 S Main Street Contract Number
Orange, CA 92863-1584 Total Request_$
Attn: Joseph Aicock
IS I Total
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7
FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX FY 20XX-XX OCTA $ $
County Share : : :
$ $ $
(minimum 10%)
Billing Period Costs Match % Local Share OCTA Reimbursement (A) (B) |(C =(A*B)) (D= (A-C))
Month Year - Month Year $0.00 $0000
$0.00 $0.00
$0.00 50.00
$0.00 $0.00
Total Reimbursement Requested: $0.00
Date Ridership and Statistical Data for Period Invoiced Required for O&M Invoicing Total Revenue Vehicle Hours (E) $0.00
Total Boardings (F) non-OCTA subsidy)'
Boardings per Revenue Vehicle Hour (F/E=G)? #DIV/O! Reimbursement/Net Operaling Costs(HI)' #DIVIO! Operating Costs 0.00 Reimbursement per Boarding (HIF) #DIV/O! The invoice is a true, complete and correct statement of work performed, reimbursable costs and progress; The backup information included with the invoice is true, complete and correct in all Signed Date
'Reimbursement shall not exceed 59 per boarding.