;, AGENDA REPORT City of Poway
··~~¢
... ~
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
March 15, 2022
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Communi~ Services~
Karen Tansey, Management Assistant 1
(858) 668-4584 or [email protected]
CITY COUNCIL
Approval of Consultant Agreement with BrainShine for the Community Services Guide Graphic Artist
On November 8, 2021, the City issued a Request for Proposals (RFP) for the graphic artist consulting services for the Community Services Guide. Two proposals were received on December 14, 2021.
Staff reviewed the proposals and is recommending award of the agreement to BrainShine.
Recommended Action:
It is recommended the City Council approve the Agreement and authorize the City Manager to execute the Agreement with BrainShine for graphic artist consulting services for the Community Services Guide.
Discussion:
The Community Services Guide is the primary tool for advertising the vast array of classes, camps, programs, and events offered by the Community Services Department. The anticipated revenue generated from those advertised programs for Fiscal Year 21-22 is $650,000. The information for the guide is generated in-house and then a graphic artist designs the magazine layout. The page count runs from 28 pages in the fall and winter to 36-40 pages in spring and summer, depending on the content. During the pandemic, the City made the decision to primarily distribute the guide digitally, printing minimal copies for recreational facilities. Beginning with the Fall 2022 issue, the Community Services Guide will only be provided electronically. The current contract is slated to end with completion of the summer guide on May 15, 2022.
On November 8, 2021, the City issued a Request for Proposals for the graphic artist consulting services for the Community Services Guide. The RFP was sent out to 15 graphic artist companies who showed interest in our project, as well as being posted on the City's website via Ebidboard. Ebidboard is a comprehensive database for public projects that is used by many local agencies. 1 of 37
March 15, 2022, Item #6
The
City
received
two
proposals,
one
from
We
the
Creative
and
one
from
BrainShine.
We
the
Creative
is
based
in
San
Juan
Capistrano
and
has
13 years
of
working
in
the
public
sector.
They
are
currently
producing
the
recreation
guide
for
the
Town
of
Danville
and
the
City
of
Lancaster
Services
Foundation.
BrainShine
has
over
20 years
of
experience
working
in
the
public
sector
and
has
produced
the
Community
Services
Guide
for
the
City
of
Carlsbad
and
Law
Enforcement
Quarterly
for
the
San
Diego
County
District
Attorney.
BrainShine
is
the
current
graphic
artist
for
the
City
of
Poway
Community
Services
Guide
and
has
performed
well
for
the
last
six
years.
The
proposals
were
evaluated
based
on
the
criteria
outlined
in
the
RFP,
which
included
demonstration
of
understanding
the
services
requested,
qualifications
of
the
firms
and
assigned
individuals,
demonstrated
record
of
success
by
the
consultant
on
work
previously
performed
for
municipalities,
schedule
of
rates,
and
references.
After
a
thorough
evaluation
of
the
two
proposals,
staff
selected
BrainShine
based
on
lower
pricing
and
past
performance
.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA).
Fiscal
Impact:
Producing
the
Community
Services
Guide
typically
costs
approximately
$19,000
per
fiscal
year.
Approval
of
this
contract
will
cover
work
commencing
in
Fiscal
Year
2022-23.
As
such,
funds
totaling
$19,600
(Account
200020-17999)
are
being
included
as
part
of
the
Fiscal
Year
2022-23
operating
budget
for
Council
consideration.
While
the
guide
will
only
be
produced
digitally
beginning
in
Fall
2022,
pricing
is
still
based
on
the
number
of
pages
in
the
guide,
as
reflected
in
the
attached
scope
of
services.
Use
of
the
contract
is
contingent
upon
City
Council
adoption
of
the
budget.
Public
Notification:
None
.
Attachments: A.
Standard
Agreement
for
Consultant
Services
with
BrainShine,
including
Scope
of
Work
and
Fee
Schedule.
Reviewed/
Approved
By:
Wen
~
erman
Assistant
City
Manager
2 of
37 Reviewed
By:
Alan
Fenstermacher
City
Attorney
, ..............
"""
e
City
Manager
March 15, 2022, Item #6
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 15th day of March, 2022, by and between the CITY OF POWAY (hereinafter referred to as "City") and BrainShine (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform graphic art design services for the Poway Community Services Guide; WHEREAS, Consultant is a graphic design consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City.
Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by 3 of 37
March 15, 2022, Item #6
delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice.
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement.
For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
4 of 37
March 15, 2022, Item #6
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway
. Consultant
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it
to
disqualify
itself
from
any
matter
on
which
it
might
perform
services
for
the
City.
"Consultant"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
5 of
37 (A)
Makes
a
governmental
decision
whether
to:
1. Approve
a
rate,
rule
or
regulation;
2. Adopt
or
enforce
a
law;
3. Issue,
deny,
suspend,
or
revoke
any
permit,
license,
application,
certificate,
approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into,
modify,
or
renew
a
contract
provided
it
is
the
type
of
contract
that
requires
City
approval;
5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract;
6. Grant
City
approval
to
a
plan,
design,
report,
study,
or
similar
item;
7. Adopt,
or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof;
or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City's
Conflict
of
Interest
Code.
DISCLOSURE
DETERMINATION:
~
1. Consultant/Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Consultant/Contractor
will
be
"making
a
government
decision"
or
"serving
in
a
staff
capacity"
as
defined
in
Sections
A
and
B
above.
As
a
result,
Consultant/Contractor
shall
be
required
to
file
a
Statement
of
March 15, 2022, Item #6
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted,
except
as
otherwise
specifically
provided
herein,
or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void.
11. Maintenance
of
Records.
Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs
incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
6 of
37 March 15, 2022, Item #6
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a
result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Consultant's
negligence.
(c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly employed
by
it or
anyone
for
whose
acts
it may
be
liable,
the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining;
however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. 7
of
37 March 15, 2022, Item #6
(g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought 8 of 37
March 15, 2022, Item #6
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Consultant
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Consultant
in
the
event
of
termination,
Consultant's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Consultant
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it,"
"Consultant"
shall
mean
the
individual
or
corporate
consultant
and
any
and
all
employees
of
consultant
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents
delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Consultant
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Consultant.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing,
shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby.
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Contractor
hereby
certifies
that
all
persons
providing
services
to
City
by
Contractor
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
Contractor
further
provides
that
in
the
event
Contractor
assigns
a
retired
annuitant
receiving a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
section
7522.56.
A
copy
of
Government
Code
section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Contractor
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Contractor
to
provide
services
to
City
has
been
misclassified.
9 of
37 March 15, 2022, Item #6
25. Severability.
If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that provision
shall
, if possible,
be
construed
as
though
more
narrowly
drawn,
if a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if
that
is
not
possible
, such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written.
CITY
OF
POWAY
By:----------
Chris
Hazeltine,
City
Manager
Date:
------------
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
(JJ.1vf;;fb.
BRAINSHINE By:
___________
_
Blaise
Nauyokas,
President
Date:
-------------
By:---------------
Alan
Fenstermacher,
City
Attorney
1 O
of
37 March 15, 2022, Item #6
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the graphic art design services further described in the Scope of Services submitted with the proposals dated December 14, 2021, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposals dated December 14, 2021, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 19, 2022, and ending May 19, 2025, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended with a total of two (2) separate, one-year time extensions. The maximum length of the Agreement can be up to five (5) years. The option to renew may be by mutual agreement between the City and the selected Consultant and subject to appropriation of funds. For the final two, one-year extensions of the contract, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less.
Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises- operations, products/completed, broad form property damage, and blanket contractual 11 of 37
March 15, 2022, Item #6
liability
with
the
following
coverages:
General
Liability
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(c)
Consultant
shall
obtain
and
maintain,
during
the
life
of
the
Agreement,
a
policy
of
Professional
Errors
and
Omissions
Liability
Insurance
with
policy
limits
of
not
less
than
$1,000,000
combined
single
limits,
per
claim
and
annual
aggregate.
(d)
Workers'
Compensation
insurance
in
statutory
amount.
All
of
the
endorsements
which
are
required
above
shall
be
obtained
for
the
policy
of
Workers'
Compensation
insurance.
2. Endorsements: Endorsements
shall
be
obtained
so
that
each
policy
contains
the
following
three
provisions:
(a)
Additional
Insured.
(Not
required
for
Professional
Errors
and
Omissions
Liability
Insurance
or
Workers'
Compensation.)
"City
of
Poway
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees
are
additional
insureds
with
respect
to
this
subject
project
and
contract
with
City."
(b)
Notice.
"Said
policy
shall
not
terminate,
nor
shall
it
be
canceled,
until
thirty
(30)
days
after
written
notice
is
given
to
City."
(c)
Primary
Coverage.
"The
policy
provides
primary
coverage
to
City
and
its
elected
and
appointed
boards,
officers,
agents,
and
employees.
It
is
not
secondary
or
in
any
way
subordinate
to
any
other
insurance
or
coverage
maintained
by
City."
3. Insurance
Certificates:
Consultant
shall
provide
City
certificates
of
insurance
showing
the
insurance
coverages
described
in
the
paragraphs
above,
in
a
form
and
content
approved
by
City,
prior
to
beginning
work
under
this
Agreement.
E.
Notices. All
notices,
billings
and
payments
hereunder
shall
be
in
writing
and
sent
to
the
following
addresses: To
City:
12 of
37 City
of
Poway
P.O.
Box
789
Poway,
CA
92074
March 15, 2022, Item #6
To Consultant: BrainShine
11650 Ramsdell Court
San Diego, CA 92131-3607
13 of 37
March 15, 2022, Item #6
EXHIBIT
"8"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated
>
GOVERNMENT
CODE
>
Title
1 General
>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
>
Article 4
California
Public
Employees'
Pension
Reform
Act
of
2013
§
7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a
pension
benefit
from
a
public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a
contract
directly
by,
a
public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section.
(c)
A
person
who
retires
from
a
public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a
public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
(e)
14 of
37 (1
)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a
public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
March 15, 2022, Item #6
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
a
public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement. (2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a
period
of
12 months
following
the
last
day
of
employment.
(f)A
retired
person
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
15 of
37 (2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by the
Department
of
Human
Resources.
The
department
may
establish
a
process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and
may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a
public
meeting.
The
appointment
may
not
be
placed
on
a
consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
March 15, 2022, Item #6
University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
History
Annotations
Notes
Amendments:
Note-
Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 37
March 15, 2022, Item #6
17 of 37
Attachment 1
Proposal for
City of Poway
Recreation Guide
Design Services
Submitted: Tuesday, December 14, 2021
Brain~hine
brand development & marketing
11650 ramsdell court • san diego, california • 92131-3607 usa p 858.635.8900 • www.brainshine.com
contact: blaise nauyokas • [email protected]
March 15, 2022, Item #6
18 of
37 STRENGTH
THROUGH
DIVERSITY
.
THAT
'S
THE
PHILOSOPHY
BEHIND
BRAINSHINE
.
BrainShine
is
composed
of
some
of
San
Diego's
top
creative
minds
and
marketing
professionals,
allowing
us
to
supply
our
clients
with
benefits
that
large
agencies
could
never
manage.
We'll
give
you
quick,
personal
service.
In
other
words,
the
people
you're
meeting
with
are
the
same
ones
doing
your
work.
Our
fees
are
more
than
reasonable.
And
fewer
layers
of
management
mean
overhead
costs
are
virtually
nil.
By
hiring
BrainShine,
you
actually
get
the
best
of
San
Diego's
most
creative
design
firms
and
ad
agencies
wrapped
up
in
a single
package.
Each
member
has
worked
at
some
of
the
top
advertising
and
design
firms
in
town
and
serviced
a variety
of
clients
bringing
a wealth
of
experience
and
knowledge
to
your
projects.
March 15, 2022, Item #6
CONTRACTOR
EXPERIENCE
Please
see
our
Client
History
list
for
a sampling
of
the
many
categories
&
clients
we've
helped.
These
are
the
resumes
of
key
BrainShine
team
members.
Blaise
Nauyokas
president
&
creative
director
As
an
art
director,
Blaise
has
been
steadily
winning
awards
since
he
started
his
career
with
Cross
Associates,
Los
Angeles
in
1984.
working
for
this
prestigious
firm,
his
design
skills
flourished.
Within
a few
years,
he
enhanced
his
design
ability
with
conceptual
art
direction
and
sought
a position
in
the
world
of
advertising.
Blaise
eventually
moved
south
and
joined
San
Diego's
most
creative
agency,
Franklin
&
Assoc.
(later
Franklin
Stoorza).
In
time,
he
accepted
a position
as
Associate
creative
Director
at
agency
Arnold
• Buck
• Inc
•. There
he
honed
his
creative
and
marketing
skills
down
to
a science.
Then
in
1990,
Blaise
left
to
start
his
own
advertising
and
design
business.
With
an
arsenal
of
creative
skills,
marketing
sa\Ny
and
a network
of
established
professionals,
his
company
thrived.
In
2000,
with
the
increase
of
multi-media
and
internet
related
projects,
Blaise
incorporated
his
business
under
the
name
BrainShine.
His
focus
on
multi-channel
brand
development
and
marketing
has
lead
to
increased
success
as
his
firm
continues
to
grow.
Blaise
has
freelanced
as
a senior
art
director
for
all
of
San
Diego
1s top
agencies.
He's
also
been
an
instructor
and
guest
lecturer
at
The
Advertising
Arts
College,
teaching
classes
in
art
direction,
copyvvriting
and
design.
Recently
Blaise
was
one
of
nine
professionals
asked
to
help
guide
the
advertising
program
at
the
Art
Institute,
a nationally
accredited
college
with
over
45 campuses
in
the
U.S.
&
Canada,
and
has
worked
with
parent
company
EDMC
to
develop
their
Advertising
&
Design
Masters
program.
Today
he
is the
President
and
Creative
Director
of
BrainShine
with
a diverse
list
of
national
and
international
clients.
19 of
37 March 15, 2022, Item #6
Patty Kevershan senior designer
Patricia "Patty" Kevershan started her professional career with MarketDesign in San Diego, and worked with the agency for four years before becoming a partner at Quorum Graphic & Marketing Communications from 1987 to 2004. During that time she continued to build her strengths as a graphic designer and creative director and became adept at full project and budget management, hiring and coordinating in-house staff as well as creative freelance professionals.
Patty has won many awards for her design work in brand development, tradeshow exhibit design, product packaging, website design, and branding materials for both trade and consumer markets. Her philosophy: the best results happen when you take the time to get to know your clients. And she has proven that time and again by producing outstanding creative solutions for clients in a wide variety of industries. Key clients have included: Jabra/GN Netcom, Jacuzzi Hot Tubs, San Diego State University (SDSU) I SDSU Foundation, Sundance Spas, Sycuan Tribal Development Corporation, VA San Diego Healthcare System, T.B. Penick & Sons and many other small startup companies.
Patty is a professional, experienced graphic designer who adds value to any project. Beyond being skilled in the latest computer programs1 she understands the role of creativity in marketing.
She brings relentless attention to detail matched with inventive design exploration to each project, from an annual report to an interactive web presentation.
Patty stays involved with professional design organizations, such as The American Institute of Graphic Arts (AIGA) and the San Diego Ad Club. Her work has been recognized locally and nationally with various design awards and several projects have been published in a variety of design books.
20 of 37
March 15, 2022, Item #6
Michele
Davison
senior
designer
From
her
early
work
hand-inking
graphs
and
directions-for-use
illustrations,
Michele
has
shown
a strong
command
of
the
designer's
toolbox.
She
used
those
skills
as
the
science
illustrator
for
the
Biology
and
Physics
departments
at
UCSD
before
moving
into
the
Senior
Graphic
Artist
position
for
medical
device
firm
IVAC
Corporation.
After
seven
years,
Michele
accepted
the
position
of
Senior
Art
Director
at
San
Diego
creative
boutique,
Euro
Style
Advertising.
There
she
gained
valuable
consumer
retail
experience
designing
packaging,
point-of-purchase
displays,
brochures,
ads
and
catalogs.
Now,
with
over
27 years
of
visual
communication
experience,
she
heads
up
Fox
House
Design.
Michele
has
won
numerous
awards
for
her
outstanding
concepts
including
a Creative
Show
Gold
Award,
tvvo
Creative
Show
Awards
of
Excellence
and
an
ADDY
Award
of
Excellence.
Clients
have
included
large
corporations
such
as
Playtex,
Prince
Lionheart,
Rokenbok
Toys,
Hewlett-Packard,
Sweet
Factory
and
Alaris
Medical
Systems;
smaller
businesses
like
Santa
Cruz
Mountain
Vineyard,
Bayside
Paint,
See
Spot
Sit
and
The
History
Lady;
and
non-profits
such
as
Anza-Borrego
Foundation
and
The
Heart
of
the
Healer
Foundation.
An
expert
in
computer
production,
her
work
has
been
featured
in
Step
by
Step
Electronic
Design
(Rocky
Shoes
&
Boots
catalog
design),
and
appeared
in
the
book
Adobe
Illustrator,
a Visual
Guide
for
the
Mac
(Packaging
for
Novi
Kids).
Michele
also
offers
design
consultation
on
architectural
projects
including
sophisticated
color
specification
for
historic
and
contemporary
structures.
curb
appeal
consultations
for
condo
conversions
and
other
commercial
and
residential
projects,
leaded
glass
design
for
entryways
and
other
applications.
21 of
37 March 15, 2022, Item #6
Patti Testerman senior copywriter
Patti Testerman is a copywriter, content developer and creative director. As an award-winning copywriter, Patti provides creative communications services and has directed the development and execution of strategic campaigns for various companies and organizations, including Qualcomm, IMI Severe Service companies CCI division, Jacuzzi Brands, Solar Gard, and San Diego Sports Medicine Center Executive Health.
Patti is experienced in online communications, specializing in website information design and content development, as well as developing editorial calendars and writing original biogs, Facebook posts, and marketing email. In addition to working directly with clients, Patti collaborates with several agencies to provide copy for print, interactive, video and public relations initiatives.
She was formerly an associate of Quorum Graphic and Marketing Communications in San Diego.
Patti served a president of the San Diego Civic Youth Ballet Board of Directors, was a member of the board of directors of the Grant School Community Foundation, and a volunteer for the San Diego Foundation.
22 of 37
March 15, 2022, Item #6
Chris
Hixon
senior
digital
programmer
Chris
started
his
career
writing
code
for
the
gaming
industry
but
has
since
become
an
expert
in
Web
site
design
and
interface.
He
has
experience
maintaining
and
enhancing
database
driven
applications,
including
testing
and
migration
between
development
and
production
environments
and
a strong
understanding
of
Web
technologies
and
Internet
protocols
including
HTTP(S),
Shell,
SFTP,
FTP
and
TCP/IP.
As
a programmer,
Chris
is an
expert
in
the
Unix/Linux
environment
and
is skilled
in Apache
Web
Server
customization,
object
oriented
languages
such
as
JAVA
and
PHP,
MySQL
data
bases,
AJAX,
XML,
PEAR,
CMS
and
css.
Chris
has
a strong
understanding
of
application
security
(encryption/
decryption)
and
is an
excellent
problem-solver,
accurate
software
planner
and
has
great
projection
skills.
Chris
has
the
imagination
and
ability
to
create
nearly
anything
we
ask
of
him.
Sky
Esser
web
designer/
flash
animator
A
Quantitative
Econ
Undergrad
with
an
MBA,
Sky
has
spent
the
last
nine
years
as
a Web
designer,
including
three
years
at
an
internet
startup
and
two
years
focusing
on
nonprofit
organizations.
With
over
ten
years
of
Flash
animation
experience,
Sky
has
excelled
in
creating
action
scripts
for
Web
sites,
online
promos,
ads
and
interactive
training
programs.
He
is
also
an
expert
in
wordpress,
HTML,
css
and
general
front-end
web
production
and
participates
in
site
architecture
and
usability
development.
Sky
has
excellent
organizational
and
communication
skills
and
displays
his
talents
as
both
a
web
designer
and
graphic
designer.
We're
proud
to
have
Sky
on
our
team.
23 of
37 March 15, 2022, Item #6
SCOPE
OF
SERVICES
client:
City
Of
Poway
client
contact(s):
Karen
Tansey
Project: Our
proposal
is for
the
continued
design
and
production
of
the
Poway
Recreation
Guide,
a quarterly
publication.
Details:
Agency
fees
are
estimated
for
meetings,
concept,
design,
production,
production
&
photo
supervision,
revisions,
and
delivery
of
files
for
online
display.
Costs
are
based
on
these
specs:
• Poway
Recreation
Guide
publishes
at
28,
32 or
36 pages
per
issue
4-color
covers
and
interior
pages.
Size:
1r
x
11"
flat,
8.5"
x
11"
folded
• No
paid
advertising
-most
content
is designed
by
Agency
• All
copy
to
be
supplied
electronically
by
Client
to
Agency
• Photos
are
supplied
by
Client
or
pulled
from
stock
resources
• Final
PDF
is
uploaded
to
Client
ISSUU
account
and
navigational
links
are
added;
print
version
is delivered
to
Client's
print
ing
vendor,
currently
Advanced
Web
Offset
Conc
ept/S
trategy
Estimate
accounts
for
up
to
four
(4)
hours
of
meeting
time
between
City
of
Poway
(referred
to
as
Client)
and
BrainShine
(Agency)
each
year
either
in-person,
by
phone,
or
through
email.
Additional
meeting
time
will
be
billed
at
$60
per
hour.
Cove
r &
Con
tent
Design
Current
cover
and
content
template
will
be
used
to
create
Poway
Recreation
Guides.
Content
to
be
provided
by
Client
in
electronic
format.
Agency
will
add
type
design,
illustrat
ion
or
photography
as
it deems
necessary
for
the
completion
of
the
total
design.
Round
1:
Agency
provides
first
draft
created
from
Client-provided
content.
Client
will
make
1 global
revis
ion
to
cover
design
and
1 set
of
global
revisions
to
each
section
of
interior
pages.
Round
2:
Agency
provides
"final"
design
for
review
and
any
last-minute
changes
prior
to
preparing
art
for
display
online
at
ISSUU
and
printing.
Upon
approval,
Agency
provides
a print
ready
PDF
to
printer
and
adds
all
necessary
digital
links
and
uploads
that
PDF
to
ISSUU.
24 of
37 March 15, 2022, Item #6
Photo Illustration
Agency will use provided or stock photos it deems necessary to complete the design. Agency will use Client's 123RF account for stock photography Any purchased work outside of these sources will be estimated for, agreed upon by both parties and billed for separately Original Photography and/or Illustration
Original photography and/or illustration will be contracted through the Client, estimated for, agreed upon by both parties and billed for, separately
Photo/ Art Direction
Agency will photo/art direct in-person any story if appropriate (or through coordination with the photographer/illustrator if circumstances related to the shoot prevent agency from direct participation).
Payment of Vendors
Client to contract with 3rd party Vendors directly (i.e. printers, photographers1 etc). Agency will apply a 10% mark-up to any vendor fees contracted through, and paid by Agency. If necessary, VISA payment to Vendors may be made through the Agency by Client, a 5% convenience fee will be added to total VISA purchase.
Printing Supervision
Agency will review proofs and supervise contract printer in creation of final publication.
Scheduling
Each phase will be scheduled as approvals are made by client. These include:
1. concept and Copy, 2. Initial Prototype Design, 3. Final Prototype Design
4. Client Changes1 and 5. Final Design I Printing and web-ready PDF for online viewing. services:
we shall perform the following services in connection with the assignment: consultation, concept, design, copy editing, project management, preparation of electronic files/ interaction with printer, delivery of final product in electronic form to printer and as PDF for on line publication. 25 of 37
March 15, 2022, Item #6
Compensation: Client
agrees
to
reimburse
agency
according
to
the
following
Estimatet:
Concept,
Design
&
Production
per
issue
fee
based
on
recent
project
history
28 pages:
$4,100.00
32 pages:
36 pages:
Additional
pages
billed
at
$100.00
per
page
Prepare
PDF,
ISSUU
publication,
navigational
links
added,
per
issue:
$4,500.00 $4,900.00 $200.00
Below
are
the
agency's
fee
structure
regarding
work
unaccounted
for
above
estimate.
The
fees
are
billed
on
an
hourly
basis
and
are
fully
accountable.
A statement
of
hours
will
be
presented
with
billing. Additional
Production
Revisions:
Copy
editing:
Photo
Direction
(billed
in
1 /2
or
full
day
increments):
Photography: Illustration
:
$60.00
hr
$60.00
hr
$400.00
day
estimated
as
needed
estimated
as
needed
tsased
on
information
currently
available
about
the
Project
and
subject
to
reasonable
changes
stated
above.
Materials
(stock
photography,
etc.),
shipping,
or
other
out-of-pocket
expenses
are
not
included
in
the
Estimate
but
will
be
borne
by
Client.
Payment
schedu
le:
Client
agrees
to
pay
BrainShine
in
full
the
previously
agreed
upon
fees
at
time
of
delivery
of
final
work
for
print
and/or
online
display.
Total
fees
will
be
determined
and
agreed
upon
by
both
parties
as
work
progresses
and
final
goals
are
identified
by
Agency
and
will
be
submitted
in
writing
no
later
than
approval
of
final
prototype
design. All
invoices
are
payable
net
30 days
from
the
date
of
the
invoice.
Accounts
unpaid
after
30 days
are
subject
to
finance
charges
of
1.5%
per
month
(18%
annually).
All
questions
concerning
charges
on
a job
must
be
addressed
within
10 days
from
date
of
receipt.
All
quoted
fees
herein
are
good
for
90 days.
26 of
37 March 15, 2022, Item #6
COST
OF
SERVICES
BrainShine
normally
does
not
charge
by
the
hour
(like
attorneys
and
auto
mechanics).
Rather
we
charge
a project
fee
based
on
the
task
itself,
the
value
of
the
task,
and
on
a multitude
of
factors
such
as
how
and
where
it will
be
used,
and
what
type
of
licensing
is being
contracted.
Here's
our
process:
First,
we
start
with
fair
market
value
-the
industry
standard
for
the
type
of
project.
Second,
we
create
our
best
estimate
of
hours
needed
to
concept,
design,
write,
revise
and
produce
the
finished
product.
Third,
we
evaluate
the
importance
of
the
work
to
your
business
(i.e.
worldwide
campaign
vs.
local
flyer).
And
last,
consider
any
budgetary
restrictions
for
the
project.
With
this
information
in
mind,
we
deliver
as
accurate
a quote
as
possible.
BrainShine
works
as
a virtual
agency
-an
alliance
of
top
freelancers.
we
assess
each
job
and
assemble
the
best
team
to
service
each
project.
The
rates
on
the
following
chart
cover
most
of
the
services
that
these
team
members
can
perform.
Here
is a partial
list
of
key
personnel
that
assist
BrainShine
and
its
clients:
Blaise
Nauyokas
I president
&
creative
director
Concept,
art
direction,
graphic
design,
web
design,
production
Patty
Kevershan
I senior
designer
Concept,
art
direction,
graphic
design,
web
design,
production
Michele
Davison
I senior
designer
Concept,
art
direction,
graphic
design,
web
design,
production
Patti
Testerman
I senior
copywriter
concept,
copywriting
Chris
Hixon
l senior
programmer
Custom
coding
for
websites
and
apps
Sky
Esser
I designer/
flash
animator
Website
design
and
build,
Flash
animation
BrainShine
also
contracts
with
talented
media
buyers,
public
relations
experts,
photographers,
illustrators,
printers,
web
hosting
companies
and
more.
Bios
for
the
above
team
are
in
the
next
section.
27 of
37 March 15, 2022, Item #6
Other Clients & Services
As demonstrated here, BrainShine can handle a wide range of projects, and deliver results that meet or exceed expectations. Talk to any of our clients and they'll tell you how their proj ect(s) was delivered on-time and within budget.
But there are less tangible results in regards to brand building. For each client, we've created a unique personality that differentiates them within their industry. Whether it be branding for Carlsbad's HR department to attract new businesses, retail campaigns for products at First Northern cu or a highly talked-about campaign for Mears that gave them instant recognition, BrainShine approaches each project with an eye towards furthering the brand while creating memorable solutions. Services offered:
Marketing & PR: brand positioning, events & community marketing, guerrilla marketing, internet marketing, marketing plan development, naming programs, strategic planning & development.
Advertising: broadcast production CTV & radio), corporate & promotional videos, direct mail, direct response, in-store advertising and POP, infomercials, video & film production.
Design: annual report design, collateral design & production, corporate identity, package design, press kits, publications, newsletters, signage, trade show production & support.
Digital: web site design & development, web site hosting, banner advertising, CDs & DVDs, direct e-marketing & strategies, interactive services, search engine optimization & strategy, social media strategies and counseling.
Media planning & buying: business & trade publications, newspaper & consumer publications, internet banner ads, free-standing inserts, network/cable T\/, infomercials & radio, outdoor. 28 of 37
March 15, 2022, Item #6
STATEM
ENT
OF
UNSPECIFIED
VALUE
-ADDED
OFFERINGS
Each
project
that
BrainShine
works
on
is
considered
unique,
with
it's
own
set
of
issues
and
outcomes
to
address.
Yet
to
arrive
at
the
best
solutions,
BrainShine's
personnel
brings
years
of
experience
and
skill
sets.
senior
team
members
each
have
35+
years
of
experience
in
advertising
and
design
and
over
25 years
of
experience
with
digital
and
website
design.
Each
time
BrainShine
approaches
a project,
we
bring:
• Design
skills
including:
concepting,
typography,
color
theory,
composition,
production,
file
prep
and
prepress,
and
graphic
editing
• Production
expertise
including:
advanced
knowledge
in
the
use
of
software
needed
to
accomplish
tasks
such
as
page
layout,
photo
manipulation,
drawing,
animation,
website
and
digital
design,
and
programming
Experts
skills
with
lnDesign,
Quark
Xpress,
Photoshop,
Illustrator,
Microsoft
Office,
and
more
• Writing
expertise
including:
voice
and
tone
consistency,
concepting,
grammar
and
usage,
styling
techniques,
behavior
change
techniques,
and
search
engine
optimization
• Research
skills
including:
general
market
research,
competitive
market
analysis,
and
image
research
• Marketing
expertise
including:
brand
development,
positioning,
media,
and
distribution
• vendor
management
including:
photography
and
illustration
direction,
photo
editing,
print
specifying,
materials
specifying,
professional
relationships,
and
billing
As
previously
mentioned,
BrainSh
ine
offers
seasoned
professionals
that
bring
timeless
designs
to
their
work.
But
we
offer
more
than
just
clean,
attractive
layouts:
• All
design
done
with
an
eye
towards
brand
development
• Computer
illustration
capabilities
resulting
in
useable
electronic
files
for
all
employees
• The
ability
and
knowledge
to
further
the
brand
through
marketing
channels
29 of
37 March 15, 2022, Item #6
Denise
Vedder
San
Diego
county
water
Authority
4677
overland
Avenue
San
Diego
CA
92123
(858)
522-6709
dvedder@sdcwa
.org
Jay
watts
AFM
Safecoat
3251
Third
Avenue
San
Diego,
CA
92103
(619)
239-032
1 [email protected] Ben
Cohen
Good
Feet
worldwide
5923
Farnsworth
Court
Carlsbad
CA
92008
(857)
445-1790
[email protected] 30
of
37 REFERENCES
Cynthia
Paes
Registrar
Of
Voters
5600
Overland
Ave.
Ste.
100
San
Diego
CA
92123
(858)
505-
7205
[email protected] Steve
Walker
San
Diego
District
Attorney's
Office
330W
Broadway
Suite
1300
San
Diego
CA
92101
(619)
531-3890
[email protected] Brenda
Simmons
Institute
for
Public
Strategies
2615
Camino
del
Rios.
#300
San
Diego
CA
92108
(619)
476-9100
x132
[email protected] Ben
Schindler
Sustainable
Print
and
Mail
5988
overlake
Avenue
San
Diego,
CA
92120
(619)
206-3593
[email protected] More
references
are
available
upon
request.
March 15, 2022, Item #6
AUTOMOTIVE American
Sunroof
Company
California
Buick
Dealers
Dick
Cepek
Auto
Centers
Honda
scooters
Lance
Campers
Marvin
K.
Brown
Cadillac
Pacific
Nissan
Rhino
Linings
BUSINESS
TO
BUSINESS
Ad
Club
of
San
Diego
Knowledge
Capture
Services
Nan
McKay
&
Associates
ENTERTAINMENT California
Center
for
the
Arts
Columbia/Embassy
Television
Del
Mar
Fair
Fox
Television
House
of
Blues
KPBS KSON Jazzercise
I Jazzerjym
San
Diego
Bluegrass
society
San
Diego
Chargers
San
Diego
Padres
San
Diego
Symphony
ShowFX Summergrass
San
Diego
FINANCIAL credit
unions
:
Anheuser-Busch First
Northern
Mid-States
Federal
Mission
Federal
Sherwin
Williams
CoreLogic
Consumer
Services
First
American
Great
American
Bank
FOOD
&
BEVERAGE
1888
Coffee
Company
Buddies
Burgers
Jitters
Coffee
&
Sweets
McDonald's Paragon
Restaurants
Inc
.
Rusty
Pelican
Restaurants
31 of
37 PARTIAL
CLIENT
HISTORY
GOVERNMENTAL
AGENCIES
MANUFACTURERS
The
City
of
Carlsbad
AFM
Safecoat
Carlsbad
Municipal
Water
District
Business
Machines
security
The
City
of
Poway
Creative
Nail
Design
Law
Enforcement
Quarterly
Encad
San
Diego
County
Foster
&
Adoptive
The
Good
Feet
Store
Resource
Fami
ly services
GreenbioWood
Hardwood
Flooring
San
Diego
County
General
services
Hot
spring
Portable
spas
San
Diego
County
DistrictAttorney's
Office
J. D. I. Inc.
Collectibles
San
Diego
County
Health
&
safco,
Inc.
Human
services
San
Diego
county
Office
Of
Emergency
SeNices
San
Diego
County
Registrar
of
voters
San
Diego
County
Sheriff's
Department
San
Diego
water
Authority
HEALTH
CARE
The
Active
Foot
Store
Alvarado
Hospital
Medical
Center
Ask-A
-Nurse,
San
Diego
The
Center
For
Health
Promotion
Mercy
Hospital
Paradise
Valley
Hospital
Partners
For
Prevention
Sharp
Health
Care
HI
TECH
-BUSINESS
TO
BUSINESS
ABB
HAFO
AD/SAT
Satellite
Communications
Cubic
corporation
Flour
corporation
General
Microgrids
Lascom
Technologies
SAIC HOSPITALITY Avenue
Hotel,
Chicago
Comfort
&
Quality
Suites
The
Edgewater
Inn,
Capistrano
Flamingo
Hilton
Ramada
Inn
Solana
Beach
San
Diego
Convention
Center
Travelodge
I Thriftlodge
REAL
ESTATE
/ DESIGN,
DEVELOPMENT
&
MANAGEMENT
Aquatic
Equipment
Supply,
Inc
.
Barratt
American
Bren
Company
Building
Industry
Association
Colliers
International
Great
American
Development
Company
Hollis
&
Associates
Property
Mgmt
Home
Capital
Development
Ironwood
Country
Club
INine
Company
McMillin
Compan
ies
Presley
of
San
Diego
Prudential
Pickford
Realty
Radelow
-Gittins
Property
Management
Tucker,
Sadler
&
Associates.
TC
Construction
Welk
Development
MISCELLANEOUS America's
Cup
Defense
Corky's
Pest
control
Education
Management
Corporation
International
Order
of
Forresters
(!OF)
Mears
Group,
Inc
.
Mueller
College
Party
Plan-It Super
Moms
360
Event
Connection
360
Wedding
Concierge
360
San
Diego
Flyfishers
Association
San
Diego
Gas
&
Electric
San
Diego
Union-Tribune
San
Diego
Telephone
Seltzer,
Wilkins,
Caplan
&
McMahon
sustainable
Print
&
Mail
March 15, 2022, Item #6
CREATIVE SAMPLES
The best way to get to know BrainShine is to visit www.brainshine.com to see samples of our advertising, design and digital work. Submitted here is a variety of work from the clients described previously.
City of Poway
CSG redesign and
editorial design sample pages
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32 of 37
SUMMER 2017
REGISTRATION BEGrNS
MAY16
AT7:JOAM
POWAY.ORO/CLASSES
March 15, 2022, Item #6
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37 March 15, 2022, Item #6
City
of
Carlsbad
(earl
had
l
;I'.,
:
~
II
\
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~
......... ,, ... ~--&•--~
2007 WJYH
I
34 of
37 APRIL 'br
d
14 ~
) l ,
;
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)u
1!11y
.,,.,,
I
TEEN EVE
NT
5 •• i....
1;;
City
Library:
kids
calendars redesign
Municipal
Water
District
annual
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