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HomeMy WebLinkAboutContracts & Agreements_219-2023AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of City Branding ("Agreement") is made and entered in this 21st day of November, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Pastilla, Inc., a California corporation ("Consultant"). City and Consultant are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1— ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide City Branding services for City (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 — SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 2.2 Consultant shall comply with applicable federal, state, and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City designates Janice McConnell, Assistant City Manager, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret, and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference. 4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term"). 1 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 4.3 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff. ARTICLE 5 — PAYMENTS TO CONSULTANT 5.1 Compensation: Total compensation for Consultant's performance of the Services shall not exceed the amount of eighty-two thousand, seventy-five dollars ($82,075). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled ("Fee Schedule") which is attached hereto and incorporated herein by reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 798-7531 2 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 CONSULTANT: Rudy Manning, President/COO Pastilla, Inc. 530 S. Lake Avenue, #606 Pasadena, CA 91101 rmanning@pastilla.co (626) 415-4480 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self -insured or exempt from the workers' compensation laws of the State of California. Consultant shall execute and provide City with Exhibit "C," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. D. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor. 6.2 Consultant shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees, and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that 3 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: (i) approve a rate, rule, or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend, or revoke any City permit, license, application, certification, approval, order, or similar authorization or entitlement; (iii) authorize City to enter into, modify, or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards, or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City's immediate termination of this Agreement. 8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, 4 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF RE By: Eddie Tejeda, Mayor ATTEST: e Donaldson, City Clerk 6 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 PASTILLA, INC. By: Rudy Manning, President aiid Chief Operating Officer EXHIBIT "A" SCOPE OF SERVICES pastilla Proposal City of Redlands Branding (RFP) #20230330RW Scope of Work August 2023 Prepared for Ross Wittman Contact Rudy Manning President/CCO & Co - Founder 530 S Lake #606 Pasadena, CA 91101 +1 626.415.4480 Pastilla.co 7 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 PROJECT OVERVIEW Pastilla is honored to be entrusted with the City of Redlands' rebrand. The following scope refers to core branding services that fit within the $82,075 budget cap. I. QUALITATIVE & QUANTITATIVE RESEARCH II. BRAND PLATFORM & VISUAL IDENTITY IIL BRAND GUIDELINES & CREATIVE TOOLKIT IV. BRAND SYSTEM - TEMPLATES &COLLATERAL Scope of Services I. QUALITATIVE & QUANTITATIVE RESEARCH -$17,910 QUALITATIVE & QUANTITATIVE RESEARCH Pastilla will lead an effort to collect and analyze various community and stakeholder insights and sentiments pertaining to the City of Redlands. The research stage will include: • Master Work Plan & Timeline: Pulling from workshop findings, Pastilla will present a work plan that defines research goals and recommends questions, participant criteria, and timeline. The City of Redlands will have final approval on all questions and participant criteria used. • Research Engagements: o Discovery Workshop: Focus Group with Key Internal Stakeholders to discuss core branding questions & gather important docs and metrics o Community Digital Survey - via existing Platform by City of Redlands o Virtual Interviews - Five (5) 1:1 virtual internal stakeholder interviews and five (5) 1:1 virtual external stakeholder interviews o Virtual Focus Group - One (1) virtual focus groups: with residents or community leaders • Data Findings Report: Upon completion of engagement initiatives, Pastilla will transcribe and analyze data points and summarize in a findings presentation. Findings presentation allows for up to two rounds of revisions. Qualitative & Quantitative Research Final Deliverables -* (1) One Research Final Report in PDF format • The report will present the most relevant takeaways from the entire research phase and a recommendation for change -, Survey raw data in spreadsheet format -4 Discovery Workshop and Research Engagements audio recordings and transcriptions - 1 In -Person Visit for Discovery Workshop *Not in Scope: Recruiting - The City of Redlands will determine participants for interviews, focus groups, and other engagements, and be responsible for communicating with and scheduling these individuals. 8 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 II. BRAND PLATFORM & VISUAL IDENTITY - $51,750 BRAND PLATFORM A brand is only as strong as its platform. Ultimately, a clear brand platform leads to easier business decisions. We help discover, develop, and refine your brand's core values and translate those values into tangible assets. W BRAND STRATEGY & MESSAGING • Positioning Statement & Key Differentiators: The goal is to determine factors that help potential/current residents and businesses understand what makes the City of Redlands a unique and desirable city to visit. We'll aim to create short yet memorable statements that are concise, targeted, and potentially deliver a call to action. • Values, Voice & Tone, & Key Attributes: We will concept and develop a comprehensive list of brand attributes that identify the brand's values, voice, and personality traits. • Audience Personas: We will pull from our research findings in the Discovery phase to pinpoint personas and family profiles, using information like age, income, location, occupation, race, ethnicity, household size, and language to best communicate with audiences. • Tagline: Most modern cities utilize a tagline to support the visual identity. This key piece of messaging is derived from the discovery process, and communicates the key point of differentiation and value for Redlands. The tagline accompanies the visual identity, but can also appear on its own in certain applications. • Headlines: We will also develop accompanying headlines to help further tell the City of Redlands story. Brand Platform Final Deliverables -, One (1) Messaging presentation - ♦ All messaging elements listed above will be summarized in a deck, which will later be included as a chapter within the brand guidelines as a resource for future copywriters. 4 (1) City Council Meeting mid brand development 4 For further details on what is fully contained in the brand guidelines, please refer to Section Brand Standards & Style Guide. BRAND VISUAL IDENTITY Armed with data from strategy, Pastilla will bring our design experience and branding intuition to deliver an expanded City of Redlands branding system. From the start of any initiative, we are already testing, designing, connecting, and thinking about the big picture of how this branding initiative will be applied. Note: This scope is only for the city logo, with no modifications to the current city seal that is being used. Those separate costs to modify the city seal are listed in the "Optional Services" section at the end of the proposal. This approach and level of design thinking is why our clients connect with us most. Your expanded brand identity will include the following elements: (1) Concept / Logo Design & Lockup As we think, sketch, research, and develop your logo, we'll consider the entire picture from how it is applied to how it will interact with a variety of applications. We then consider all other elements that define your brand from copy, communication of the images and media, how we plan to reach your target audience, and how we plan to build your brand perception. 9 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 (2) Identity System A logo is only one piece of the branding initiative as we consider how the logo lives and breathes on its own. Your company wants to look dependable, sturdy, and forever there for its inhabitants, long through the future. We will build an entire visual language that reinforces your brand strategy: • Typography & Layout Design • Color Palettes • Graphic Elements ie. shapes, patterns, systems, etc. • Photography Style (3) Application Mockups & Guidance for Brand Applications We'll help you visualize the final identity system on some real -life applications that would be deemed appropriate for the brand. Some of the applications we choose might come from the marketing prioritizing, or will be built based on marketing collateral that was previously listed in the RFP Scope. • Note: These are not templates or working art files, but mockup visuals for the sake of inspiration imagery. Note on Design for Multilingual & Accessibility Considerations - We understand that the brand identity and logo must utilize typography and colors that support visual and neurodiversity, as well as provide flexibility for various language and writing systems. In our work with local governments, we've built up the experience to maintain ADA compliance across our deliverables. We also consider what's appropriate culturally, having worked across multicultural communities. City Logo & Visual Identity Design Final Deliverables -- (3) Three distinct logo and visual identity system concepts for review, showcased in a presentation. Each concept containing the following elements: • Logo & Logo Variations (Primary, Secondary, Scaled for Mobile) • Font type, Color Palette • Graphical Elements & Photography Style • Department Lockup Variations • Examples of how design applies for Multilingual & Accessibility Considerations • Visual System applied on Mockup Applications (marketing collateral examples to demonstrate the brand in action, reflecting some of those on the original RFP scope — listed above) -� (1) One Round of Revision on (1) Selected Concept 4 (1) Final Presentation document, as a PDF of completed revisions on (1)Chosen Concept -� (1) City Council Presentation In -Person Upon signoff of the final concept, we will start to compile the native art files into a creative toolkit in the next section. III. BRAND GUIDELINES & CREATIVE TOOLKIT - $4,300 BRAND GUIDELINES We can create a "graphics standard" manual that illustrates the proper uses for the parent brand identity. We will also include other usages such as typography, photography, and application examples, such as print and digital applications from websites to social media. The "graphics standard" manual can be hosted digitally on a secure site for access or produced as a PDF. Both mediums will contain visual samples for all working files. How is this valuable? Let's say a team member needs to create a newsletter. They can refer to the digital graphics manual to open, share, or download the creative asset needed. We will create different formats and sizes to provide various options for multiple scenarios. This can be used by anyone working for the Library, from the marketing to branding departments, to an outsourced vendor. 10 I:\ cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 Brand Style Guide & Creative Toolkit Final Deliverables -, (1) One creative deck detailing the rules and usage guidelines for executive the approved branding and identity system. Delivered in an easy -to -edit format, so the client can make adjustments in the future. Includes the following chapters: • Who is this for? • Brand Strategy documentation • Logo Usage Rules & Links to Download Logo Variation Native Files (PNG, JPEG, SVG, & Al) • Color Usage Rules & Color Codes for Pantone, RGB, & CMYK • Typography Rules & Links to Download Files • Photography Style Guide • Graphical Assets - How to use guide • Mockup Applications - Reference images for how brand should be applied CREATIVE TOOLKIT This toolkit consists of a folder on the cloud or your system containing all the working files we created. This ensures that the branding and identity system remains unified. In addition, team members will download the most current working files for immediate access. Creative Toolkit Final Deliverables -> (1) One creative toolkit delivered as a folder for client to upload to their database including: • Logos - All approved logos in PNG, JPEG (Cannot be edited), and SVG, Al formats (Native Files, can be edited), with color and black & white variations. • Font files • Graphical Assets IV. BRAND SYSTEM - TEMPLATES & COLLATERAL - $8,115 TEMPLATES Pastilla will design editable, readily -accessible templates for each of the following deliverables. Template production allows for up to three rounds of revisions per asset. Client will have final say in which one (1) format each template will be produced (Adobe, Canva, Office, etc.). The following assets are in scope. Business Card Template (x1 variations) $590 Stationary Templates (x3 variations) - Letterhead; Meeting Bid Packets; City Council and Commission Meeting Agendas $1,250 PPT Presentation Template - Title slide, Section divider slide, Thank you slide, Full -bleed image slide with optional headline, Light copy + image slide, Medium copy + image slide, Heavy copy slide, Two column slide, & Three column slide *Data visualization is not included in template design $2,360 Social Media Templates: In Square format, 1080x1920, & 1080x1350 4 Layout variations - Text Only Layout (short, med, large), Text & Image Layout (1 & 2 images), Image Only Layout, Quote Layout $2,170 11 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 Electronic Signature S 1,745 Templates & Collateral Anal Deliverables -� Templates - All templates will be submitted as working art files that are editable. Up to client what format it will be held on, whether the preference is Canva, Illustrator, Indesign, etc. - Collateral - All working art files, as well as print -ready files will be provided. Note: Client typically is responsible for sourcing print vendors and managing communications with them for both deliverables, as well as identifying the type/material of apparel and swag items. Client is also responsible for translation services on template and materials. 2023-2024 Project Timeline The following timelines may shift due to extended approval or feedback windows. Pastille will remain in regular communication with client should there be City of Redlands dates or city council sessions that require a shift in this timeline. Year One considers work completed in the Calendar Year 2023, and Year Two, work completed in the Calendar Year 2024. 2023 - Project Timeline qualitative & quantitative Research Check In Check In 2024 - Project Timeline Brand Platform & Visual Identity &and Platform (Strategy & Messaging) Parent Brand logo & Visual Identity Development Check In Brand Guidelines & Creative Toolkit Brand Platform & Visual Identity 111111111111111111111 reigallWEr Application of Branding to Templates & Collateral JAN FEBRUARY MARCH APRIL MAY JUNE 2024 2024 2024 2024 2024 2024 12 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 EXHIBIT "B" FEE SCHEDULE Cost of Services These breakdowns are our best guess for how work will be applied between phases, but may be flexible according to project needs. Pastilla commits to not working above the total cap and staying in regular communication with the client on the pacing of these budget milestones. These do not reflect the costs for Optional Services, only costs that are within the $82,075 budget cap. �CCrnF Qualitative & Quantitative Research SCOPE II Brand Platform & Visual Identity Cron; IfP cf',n7r_ I\i Brand Guidelines & Brand Standards - Creative Templates & Toolkit Collateral $17,910 $51,750 $4,300 $8,115 Total Cost for Offerings: $82,075 13 I:\cmo\AgreementsWastilla Inc. Agreement FY22-0246.docx-msv2 EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' 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 and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. PASTILLA, INC. By: Rudy Maiming, President/COO 14 I:\cmo\Agreements\Pastilla Inc. Agreement FY22-0246.docx-msv2 Date: October 20, 2023