HomeMy WebLinkAboutSouthwest Strategies, LLC - Service Agreement - 2-14-2023SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS AGREEMENT (Agreement) is made and entered into, effective on
�in
ity), by and between the CITY OF FRESNO, a California
municlpalporCand Southwest Strategies, LLC (Service Provider).
RECITALS
WHEREAS, City desires to obtain Outreach Development and Implementation services
for Citywide Senior Center (Project); and
WHEREAS, Service Provider is engaged in the business of furnishing such services as
a Outreach and Communications Firm and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement;
and
WHEREAS, Service Provider acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107; and
WHEREAS, this Agreement will be administered for City by its PARCS Director
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
it is mutually agreed as follows:
1. Scope of Services. Service Provider shall perform to the satisfaction of City the
services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full Force
and effect through April 30,2023, subject to any earlier termination in accordance
with this Agreement. The services of Service Provider as described in Exhibit A
are to commence upon the Effective Date and shall be completed in a sequence
assuring expeditious completion, but in any event, all such services shall be
completed prior to expiration of this Agreement and in accordance with any
performance schedule set forth in Exhibit A.
3. Compensation.
(a) Service Provider's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total
fee of $49,667.20, paid on the basis of the rates set forth in the schedule of
fees and expenses contained in Exhibit A. Such fee includes all expenses
incurred by Service Provider in performance of the services.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
City shall not be obligated to reimburse any expense for which it has not
received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
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(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this
Agreement, which modification shall include an adjustment to Service
Provider's compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized
representative for each party. Service Provider shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination. Remedies and Force Ma eure.
(a) This Agreement shall terminate without any liability of City to Service
Provider upon the earlier of : (i) Service Provider's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against Service Provider, (ii) seven
calendar days' prior written notice with or without cause by City to Service
Provider; (iii) City's non -appropriation of funds sufficient to meet its
obligations hereunder during any City fiscal year of this Agreement, or
insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, Service
Provider shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to City
any and all unearned payments and all properties and materials in the
possession of Service Provider that are owned by City. Subject to the terms
of this Agreement, Service Provider shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. Service
Provider shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of Service Provider to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, City's damages caused by such failure. in no event shall any payment
by City pursuant to this Agreement constitute a waiver by City of any breach
of this Agreement which may then exist on the part of Service Provider, nor
shall such payment impair or prejudice any remedy available to City with
respect to the breach.
(d) Upon any breach of this Agreement by Service Provider, City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that City improperly terminated this
Agreement for default. such termination shall be deemed a termination for
convenience.
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(e) Service Provider shall provide City with adequate written assurances of
future performance, upon Administrator's request, in the event Service
Provider fails to comply with any terms or conditions of this Agreement.
(f) Service Provider shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of Service Provider and
without its fault or negligence such as, acts of God or the public enemy, acts
of City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. Service Provider shall notify Administrator in writing as soon as it
is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by Service
Provider pursuant to this Agreement shall not be made available to any
individual or organization by Service Provider without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, Service Provider shall not, without the prior written consent of
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in City.
(b) Any and all writings and documents prepared or provided by Service
Provider pursuant to this Agreement are the property of City at the time of
preparation and shall be turned over to City upon expiration or termination
of the Agreement. Service Provider shall not permit the reproduction or use
thereof by any other person except as otherwise expressly provided herein.
(c) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Level of Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as Service Provider represents to City that Service
Provider and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said industry necessary to perform
the services agreed to be done by it under this Agreement, City relies upon the
skill of Service Provider and its subcontractors, if any, to do and perform such
services in a skillful manner and Service Provider agrees to thus perform the
services and require the same of any subcontractors. Therefore, any acceptance
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of such services by City shall not operate as a release of Service Provider or any
subcontractors from said industry and professional standards.
7. Indemnification. To the furthest extent allowed by law, Service Provider shall
indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of Service Provider, its
principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If Service Provider should subcontract all or any portion of the services to be
performed under this Agreement, Service Provider shall require each
subcontractor to indemnify, hold harmless and defend City and each of its officers,
officials, employees, agents, and volunteers in accordance with the terms of the
preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, Service Provider shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A -VI I" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to City, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Agreement or any extension, Service
Provider or any of its subcontractors fail to maintain any required insurance
in full force and effect, all services and work under this Agreement shall be
discontinued immediately, and all payments due or that become due to
Service Provider shall be withheld until notice is received by City that the
required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to City. Any
failure to maintain the required insurance shall be sufficient cause for City
to terminate this Agreement. No action taken by City pursuant to this
section shall in any way relieve Service Provider of its responsibilities under
this Agreement. The phrase "fail to maintain any required insurance" shall
include, without limitation, notification received by City that an insurer has
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commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Service Provider shall not be deemed
to release or diminish the liability of Service Provider, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Service
Provider. Approval or purchase of any insurance contracts or policies shall
in no way relieve from liability nor limit the liability of Service Provider, its
principals, officers, agents, employees, or persons under the supervision of
Service Provider, vendors, suppliers, invitees, consultants, sub -consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Service Provider shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
(e) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with Service Provider and City prior to the commencement of any services
by the subcontractor. Service Provider and any subcontractor/sub-
consultant shall establish additional insured status for City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non -Solicitation.
(a) Prior to City's execution of this Agreement, Service Provider shall complete
a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, Service Provider shall
have the obligation and duty to immediately notify City in writing of any
change to the information provided by Service Provider in such statement.
(b) Service Provider shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
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and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of City Service Provider shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, Service Provider and the respective
subcontractor(s) are in full compliance with all laws and regulations.
Service Provider shall take, and require its subcontractors to take,
reasonable steps to avoid any appearance of a conflict of interest. Upon
discovery of any facts giving rise to the appearance of a conflict of interest,
Service Provider shall immediately notify City of these facts in writing.
(c) In performing the work or services to be provided hereunder, Service
Provider shall not employ or retain the services of any person while such
person either is employed by City or is a member of any City council,
commission, board, committee, or similar City body. This requirement may
be waived in writing by the City Manager, if no actual or potential conflict is
involved.
(d) Service Provider represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit,
or procure this Agreement or any rightslbenefits hereunder.
(e) Service Provider and any of its subcontractors shall have no interest, direct
or indirect, in any other contract with a third party in connection with this
Project unless such interest is in accordance with all applicable law and fully
disclosed to and approved by the City Manager, in advance and in writing.
Notwithstanding any approval given by the City Manager under this
provision, Service Provider shall remain responsible for complying with
Section 9(a), above.
(f) If Service Provider should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Service
Provider shall include the provisions of this Section 9 in each subcontract
and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event Service Provider maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, Service Provider at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each
office and facility. Literature describing City recycling programs is available
from City's Solid Waste Management Division and by calling City of Fresno
Recycling Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at (559) 621-
1452 and schedule a free waste audit, and cooperate with such Division in
their conduct of the audit for each office and facility.
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(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the Administrator or designee.
(b) Records of Service Provider's expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to
City or its authorized representatives upon request during regular business
hours throughout the life of this Agreement and for a period of three years
after final payment or, if longer, for any period required bylaw. In addition,
all books, documents, papers, and records of Service Provider pertaining to
the Project shall be available for the purpose of making audits,
examinations, excerpts, and transcriptions for the same period of time. If
any litigation, claim, negotiations, audit orother action is commenced before
the expiration of said time period, all records shall be retained and made
available to City until such action is resolved, or until the end of said time
period whichever shall later occur. If Service Provider should subcontract
all or any portion of the services to be performed under this Agreement,
Service Provider shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Service Provider shall have
provided evidence to City that Service Provider is licensed to perform the
services called for by this Agreement (or that no license is required). If
Service Provider should subcontract all or any portion of the work or
services to be performed under this Agreement, Service Provider shall
require each subcontractor to provide evidence to City that subcontractor is
licensed to perform the services called for by this Agreement (or that no
license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, Service Provider shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, sexual orientation, ethnicity, status as
a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and
during the performance of this Agreement, Service Provider agrees as follows:
(a) Service Provider will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color,
national origin, ancestry, physical disability. mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a
disabled veteran or veteran of the Vietnarn era be excluded from
participation in, be denied the benefits of, or be subject to discrimination
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under any program or activity made possible by or resulting from this
Agreement.
(b) Service Provider will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran
or veteran of the Vietnam era. Service Provider shall ensure that applicants
are employed, and the employees are treated during employment, without
regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Such requirement shall apply to Service Provider's
employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Service
Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
(c) Service Provider will, in all solicitations or advertisements for employees
placed by or on behalf of Service Provider in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era.
(d) Service Provider will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of Service Providers commitment under this section and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(e) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Service Provider is
acting solely as an independent contractor. Neither Service Provider, nor
any of its officers, agents, or employees shall be deemed an officer, agent,
employee, joint venturer, partner, or associate of City for any purpose. City
shall have no right to control or supervise or direct the manner or method
by which Service Provider shall perform its work and functions. However,
City shall retain the right to administer this Agreement so as to verify that
Service Provider is performing its obligations in accordance with the terms
and conditions thereof.
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(b) This Agreement does not evidence a partnership or joint venture between
Service Provider and City. Service Provider shall have no authority to bind
City absent City's express written consent. Except to the extent otherwise
provided in this Agreement, Service Provider shall bear its own costs and
expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Service Provider and
its officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. Service
Provider shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all employee
benefits including, without limitation, health, welfare and retirement benefits.
In addition, together with its other obligations under this Agreement, Service
Provider shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for
and payment of Service Provider's employees, including, without limitation,
(i) compliance with Social Security and unemployment insurance
withholding, payment of workers compensation benefits, and all other laws
and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in City employment benefits,
entitlements, programs and/or funds offered employees of City whether
arising by reason of any common law, de facto, leased, or co- employee
rights or other theory. It is acknowledged that during the term of this
Agreement, Service Provider may be providing services to others unrelated
to City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party underthe terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees, and representatives.
16. _Assignment.
(a) This Agreement is personal to Service Provider and there shall be no
assignment by Service Provider of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by Service Provider, its successors
or assigns, shall be null and void unless approved in writing by the City
Manager or designee.
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(b) Service Provider hereby agrees not to assign the payment of any monies
due Service Provider from City under the terms of this Agreement to any
other individual(s), corporation(s) or entity(ies). City retains the right to pay
any and all monies due Service Provider directly to Service Provider.
17. Corn Hance With Law. In providing the services required under this Agreement,
Service Provider shall at all times comply with all applicable laws of the United
States, the State of California and City, and with all applicable regulations
promulgated by federal, state, regional, or local administrative and regulatory
agencies, now in force and as they may be enacted, issued, or amended during
the term of this Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement shall be governed by, and construed
and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any. rights and duties hereunder shall be
Fresno County, California.
20. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severabiiity. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attome 's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
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modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
27. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined
Within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both City and Service Provider.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement_ The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California municipal corpo
By:
GeoWagers
nne White, City Manager
City Office
APPROVED AS TO FORM:
ANDREW JANZ
City y
Angela M. Karst bate
Senior Deputy City Attorney
Southwest Strategies, LLC
a Limited Liability Company
By:
Name: Jessica Luternauer
Title: Senior Vice President and Partner
(if LLC., Board Chair,
PrRrqlconor
10 Pres.)
By:
Name: Malle Vaddi
Title: VP Finance
ATTEST: (if corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Cler
By:
4)0 � a.=n
Addresses:
CITY:
City of Fresno
Attention: Dalton Bennett, Projects
Administrator
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8039
E-mail: dalton.bennett@fresno.gov
Service Provider:
Southwest Strategies, LLC
Attention: Jessica Luternauer, Senior
Vice President
401 B Street, Suite 150
San Diego, CA 92101
Phone: (559) 271-6824
E-mail: jlutemauer@swspr.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and [Service Provider Name]
City,wide Senior Center
See Attached Outreach Development & Implementation for Citywide Senior Center dated
December 23, 2022, incorporated herein.
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December 23, 2022
SOUTHWEST STRATEGIES
1. Statement of a�. c'� �}
About Southwest Strategies
We are one of California's leading public outreach and communications firms, and we have the requisite
expertise in the Central Valley —including coordinating and leading a variety of facilitated discussions —that will
enable us to thrive in this role. We have assembled a team of local experts, land use experts and meeting
facilitators for this work as described in our resumes. This team is uniquely qualified to support this effort due to
the key points of distinction detailed throughout this proposal. Further, while our regional office team works
from home and our agency does not currently have a brick and mortar office, this statement is to certify that our
Fresno -based team members all live within 26 miles of City Hall as stated in the RFP. More information can be
furnished upon request.
Southwest Strategies specializes in the development of strategic communication programs for California's
leading businesses, organizations and nonprofits. We do this through innovative strategies that produce
award -winning results. Our team provides comprehensive expertise and capabilities, from community outreach
programs to planning and executing tailored public relations campaigns. We help our clients meet their goals
through the development and deployment of comprehensive community engagement plans. Working closely
with our clients, we help educate the community on complex projects and issues from inception to completion,
ensuring community input is integrated every step of the way. We build support through digital outreach,
events, stakeholder meetings and media campaigns to help our clients engage with the community.
We have a proven track record of successful community relations campaigns. Our firm has developed and
implemented public outreach programs for a number of clients throughout Califomia, including Pacific Gas and
Electric Company, Southern California Edison, the EDC of Madera County, the Merced County Association of
Governments, Poseidon Water, the San Joaquin Valley Air Pollution Control District, the California Department
of Transportation (Caltrans) and the San Diego Association of Governments (SANDAG). We help establish our
clients as leaders in the community, and as organizations that work closely with the community.
Case Studies and References
Southwest Strategies has demonstrated experience facilitating meetings among the general public and
stakeholder groups. This includes direct, recent experience moderating facilitated discussions for the general
public, public works leads, planning heads, senior organizations and healthcare stakeholders as shown below.
Simply put, our team knows the area, knows the political landscape and has the key community relationships
needed to conduct comprehensive grassroots, digital and media engagement to support this work. Our unique
experience facilitating a variety of meetings and work in a broad variety of sectors —including public health,
planning and healthcarensures we will be able to devise and implement a strategic plan that will build
consensus among unlikely partners and engage hard -to -reach populations on this important project.
should be utilized among communities. We received
over 50 survey responses from a variety of
jj stakeholders.
D-,, '1�i'[
OUR CHALLENGE
Earlier this year, the Merced County Association of
Governments (MCAG) received a suballocation of up
to $3.9 million from the State for Regional Early Action
Planning (REAP) 2.0 program administered by the
Department of Housing and Community Development
(HCD). As part of this funding process, a robust
outreach and engagement program was required.
OUR SOLUTION
Southwest Strategies has supported MCAG in
launching an online interactive web portal and
conducting virtual and in -person public workshops to
gamer feedback from residents throughout Merced
County to inform the development of the agency's
REAP 2.0 application. This grant, which is due to
the California Department of Housing and
Community Development by December 31, 2022,
had a tight timeline for conducting this outreach.
Our team first launched an online survey tool and an
online feedback portal using the tool Social Pinpoint,
which provided information about the grant and the
feedback process and included an interactive note
wall for stakeholders to submit their comments
about how the $3.9 million allocated to MCAG
From there, our team launched virtual office hours
for MCAG member agencies to participate, learn
more and provide feedback to staff. Lastly, we
conducted virtual and in -person public workshops
held at various times throughout the county,
including Livingston, Merced and Los Banos. Our
team gathered this feedback and used it to inform
the development of the grant application_ Following
a 21-day public comment period about the proposed
funding framework, our team finalized the grant
application. It is on track to be submitted to HCD
before the end of the year.
REFERENCE
Meg Prince, Senior Planner
me@,orinr&0rn ag2YL 9
(209) 769-7679
OUR CHALLENGE
In 2021, the California Public Utilities Commission
(CPUC) ordered California's largest public utilities to
revise their guidebooks for local agencies for
Electric Rule 20A, B and C. Electric Rule 20
provides guidelines for undergrounding power lines.
The CPUC gave the utilities a short amount of time
to conduct this work, and specified that outreach to
telecommunications agencies, municipalities and
other stakeholders was essential prior to the
guidebooks' submission.
OUR SOLUTION
PG&E, SCE and SDG&E retained Southwest
Strategies to conduct local government and statewide
non -governmental organizational outreach services for
Electric Rule 20 work. Pursuant to revised CPUC
guidelines, the three utilities were obligated to update
their Electric Rule 20 guidebooks for local governments
to serve as an informational resource for agencies
seeking underground utility lines in their jurisdictions.
The CPUC mandate articulated a quick turnaround
time for this outreach to occur, and it also obligated the
utilities to engage with other utilities like
telecommunications firms and statewide groups like the
League of California Cities.
To ensure the utilities met this mandated deadline,
Southwest Strategies coordinated logistics for and
facilitated public workshops for each utility in
addition to a jointly held public workshop. These
were attended by numerous public works staff from
cities and counties throughout the state. Our team
led the workshops and tracked local agency
feedback on the draft guidebooks in spreadsheets
for the teams' integration into their respective
guidebooks. We also established an email address
where we coordinated meeting logistics and
received written guidebook feedback from local
agencies.
Our team also led internal discussions with PG&E
subject matter experts (SMEs) to help guide the
revisions to each section. We designed the PG&E
guidebook to make it as user friendly as possible,
including flow charts and imagery to convey highly
technical nuances about Rule 20A, 20B and 20C
logistics. Following an intensive four months of
outreach, revisions and inter -utility coordination, the
three utilities' draft guidebooks were submitted to the
CPUC by the October 2021 deadline.
REFERENCE
Tamon Norimoto, Manager, Municipal
Projects and Programs
lamon.nor imoto e.com
(408) 693-9083
VOTE
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FRESNO COUNTY
MORE QAYs. MORE WAYSVOTE AQUI
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OUR CHALLENGE
In 2019, the Fresno County Department of Elections
retained Southwest Strategies to conduct branding,
communications, community outreach and media
relations services to educate the public about its
transition to a Voters Choice Act (VCA) voting model
for the March 3, 2020 primaries. Passed by the
California State Legislature in 2016, VCA voting
replaced the traditional precinct model with vote by
mail ballots for all registered voters that can be
returned by mail free of postage or dropped off at
vote centers or drop boxes throughout the county.
OUR SOLUTION
This project required extensive engagement and
coordination with elected officials, Fresno County
staff and public committees focused on inclusive
outreach and engagement for this effort. Southwest
Strategies began by working with several
committees of multicultural Fresno County
stakeholders to prepare branding, a logo and a
tagline for this effort that effectively conveyed the
changes from a traditional precinct election model to
a vote center model. Our team ultimately created the
tagline "Mail it. Drop it. Visit." to convey to the public
how to vote using their vote by mail ballots. Our
team also worked with the County's translators to
prepare all collateral materials in all languages
required by the California Secretary of State,
including Spanish, Hmong, Punjabi, Khmer, Korean,
Chinese, Tagalog and Vietnamese.
From there, our team prepared and implemented a
comprehensive public outreach, education and
media relations campaign. This included multilingual
Facebook ads, newspaper ads and digital billboards
in prominent locations; fact sheets and other
collateral materials specific to particular
neighborhoods and underserved communities in the
County; a digital public service announcement that
was translated and ran on local TV and public
access channels; and an extensive earned media
campaign.
In 2022, Southwest Strategies worked with the
Fresno, Madera and Merced county clerks to
develop a public service announcement educating
communities about vote by mail ballots ahead of the
June primary election.
REFERENCE
James Kus, County Clerk/Registrar of
Voters, Fresno County
'kus fresnocount ca. av
(559) 600-1730
Project Team
As shown in the organizational chart below, our project team comprises a day-to-day project manager who will
oversee the program and serve as meeting facilitator; an event logistics lead to coordinate facilitated
discussion meeting logistics; and project support, who will coordinate meeting promotion, advertising, collateral
materials development and other support services. We also have a strategic counselor to provide an overall
global vision for this work.
City of Fresno Staff
Southwest Strategies
Southwest Strategies
Rachel Audino HJessica
Luternauer
Day -to -Day Project Manager
Strategic Counsel
Southwest Strategies
Cody Dixon
Event Logistics Lead
Southwest Strategies
Paulina Sierra
Project Support
Southwest Strategies
Avery Johnston
Project Support
Southwest Strategies
Nfayra Ortiz
Graphic Designer
EDUCATION
B.A. in English
UC Santa Barbara 2002
M.A. in Literatures in English
UC San Diego 2007
EXPERTISE
• Project Management
• Strategic Planning
• Research and Messaging
• Public Affairs
• Community Outreach
• Media Relations
Jessica Luternauer: Senior Vice President
Project Role: Strategic Counsel
Jessica Luternauer is an award -winning public relations executive
who serves as Southwest Strategies' Senior Vice President and
manages the firm's Central Valley office. During her 15-year
tenure with the company, she has helped a wide variety of clients
in the transportation industry achieve their goals through
marketing and community outreach efforts. Her past work
includes support for programs related to bus rapid transit (BRT)
and freeway improvements, as well as overseeing projects for
clients such as Fresno Housing and Pacific Gas and Electric
Company (PG&E).
Luternauer holds a bachelor's degree in English from the
University of California, Santa Barbara and taught writing
techniques and grammar in the University of California, San
Diego's Revelle Humanities program while earning her master's
degree. As a result of this experience, Luternauer possesses a
deep understanding of effective writing styles that appeal to
different audiences and of best practices for proofreading and
quality control. She also knows how to work within clients'
established standards and has assisted them in developing new
style guides.
A Tulare County native, Luternauer has won several awards for
her work, including local awards for public affairs, community
relations, issues management and event planning. Her national
awards include three prestigious Silver Anvil Awards from the
Public Relations Society of America, two platinum Marc of
Excellence Awards from MarCom for print media and strategic
communications, and two platinum Hermes Awards in the
corporate social responsibility program and informational website
categories. In 2016, she was recognized as one of the Central
Valley's top 40 professionals under 40.
EDUCATION
B.A. in English and French
Literature
University of California, San Diego
Master's of Public Administration
Fresno State
EXPERTISE
■ Project Management
e Strategic Planning
. Government Relations
o Message Development
. Technical writing
e Community outreach
Rachel Audino, Senior Director of Public Affairs
Project Role: Day -to -Day Project Manager
Percent Available: 20%
Rachel Audino is a Senior Director of Public Affairs at Southwest
Strategies supporting public agencies on energy, air quality and
other projects in Central and Northern California. Her varied
background In government relations, health care and the more
technical aspects of regional planning make her a vital asset to
the team. At Southwest Strategies. Audino leverages her
expertise to develop forward -thinking solutions for the challenges
public sector agencies face today.
Prior to joining Southwest Strategies, Audino held positions at
several San Joaquin Valley councils of government, UCSD's
Qualcomm Institute, Fresno State and most recently as
Community Medical Centers' Manager of Public Affairs. She holds
a Masters in Public Administration €tom Fresno State and a
Bachelor of Arts in English and French Literature with a minor in
Russian, East European and Eurasian studies from UCSD.
I:DUCATIO
B.S. Sports & Entertainment Facility
Management
Fresno State University
EXPERTISE
r Copywriting
e Community Outreach & Relations
a Video Production
. Message development
o Research & analytics
a Digital marketing
s Public speaking
A Event coordination
Cod), Dixon, Manager of Public Affairs
Project Role: Event Logistics Lead
Percent Available: 10%
Cody Dixon is a Manager of Public Affairs at Southwest
Strategies and provides project support out of our Fresno
office. He has more than 10 years of experience in public
relations, stakeholder communications, public affairs and
community outreach in governmental, private, consumer and
nonprofit work environments. Dixon utilizes this experience to
help clients within the energy, housing and air quality
industries to develop and implement strategic outreach plans.
He currently serves as the project manager for our work with
Fresno COG.
Cody develops diverse marketing, public relations and public
affairs plans for clients including Pacific Gas & Electric,
Fresno Housing Authority, Fresno County of Elections, and
Central California Faculty Medical Group. He also forms
strategic community partnerships to advance client goals. He
is responsible for developing multilingual communications
materials, including fact sheets, newsletters, brochures and
e-blasts, as well as internal communications documents, such
as message platforms, talking points and Q&As. Cody creates
award -winning digital content including animated video and
graphic pieces for multicultural outreach efforts, as well as
drafts and distributes news releases, media advisories,
statements and opinion editorials to generate earned media.
B.A. in Public Relations
Fresno State University
2021
. Copywriting
® Community Outreach & Relations
a Message development
o Research & Analytics
m Event Coordination
C Digital Marketing
Avery f ohnston, Account Coordinator
Project .mole: Project Support
Percent Available: 15%
Avery Johnston is an Account Coordinator at Southwest
Strategies supporting public and private sector clients across the
state. Her background in marketing and journalism make her a
great addition to the team. At Southwest Strategies, Johnston
applies her knowledge to develop complex and innovative
solutions for the challenges our clients face today.
Prior to joining Southwest Strategies, Johnston held positions in
joumaIism as a Staff Reporter for Central Valley newspapers The
Rampage and The Collegian where she worked on a variety of
controversial stories. She was honored with the Eli Setencich
Journalism Scholarship for her work in the field. Most recently,
she was a Marketing and Communications Intern for the Girl
Scouts of Central California South where she assisted in graphic
design, outreach and social media. She earned a Bachelor of Arts
in Public Relations from California State University, Fresno, and
an Associate in Arts from Fresno City College.
EDUCATION:
B.A. in Economics
University of San Diego
2020
EXPERTISE
m Copywriting
* Community Outreach & Relations
* Data analysis
Event coordination
* Public speaking
Q Research and analysis
Paulina Sierra, Account Coordinator
Project Role: Project Support
Percent Available: 20%
Paulina Sierra is an Account Coordinator at Southwest Strategies.
Her background in political science, journalistic writing and
outreach initiatives makes her a vital part of the team. In her role,
Sierra supports project managers with marketing and community
outreach for a wide range of clients.
Prior to joining the firm, Sierra worked as an intern for South
County Economic Development Council, where she helped
strengthen the economic development of San Diego's south bay
area by supporting business outreach. She also served as an
editor of the University of San Diego (USD) newspaper, where
she worked to highlight marginalized voices and ofteri-overlooked
stories. Sierra holds a Bachelor of Arts in Economics with rninors
in Political Science and Theater Arts from USD.
JN
EDUCATION
B.A. in Graphic Design
UABC Facultad de Ciencias de la
Ingenierfa y Tecnologia
2014
EXPERTISE.
• Identity Design
e Print Design
• Layout Design
• Creative Direction
• Adobe Illustration
• Adobe Photoshop
• Adobe InDesign
■ Adobe Premiere
• Adobe AfterEffects
a Figma
• Sketch
• Procreate
• Microsoft Word
Mayra Ortiz, Designer
Project Role: Graphic Designer
Percent Available: 15%
Mayra Ortiz is a Designer at Southwest Strategies. She is a
firm believer in a "less is more" design philosophy, which
dictates that design doesn't need to be adorned with lots of
colors, shapes, and photos to be good. Rather, she believes
that design needs only two things to be successful: beauty
and functionality.
Ortiz loves feeling challenged and enjoys staying current on
design trends, drawing inspiration from design blogs and
podcasts. Her design experience ranges from working as a
lead designer in a small firm in Tijuana to freelancing at
places like BASIC, Grizzly and her small design studio,
Fenotipo, which specializes in identity design. Ortiz holds a
bachelor's degree in graphic design from UABC Facultad de
Ciencias de la Ingenierfa y Tecnologia_
Our Experience
Boots on the Ground Engagement
Southwest Strategies has demonstrated experience with door-to-door outreach. When planning outreach
efforts for SANDAG's South Bay Bus Rapid Transit project, we were able to notify residents about the project
and invite them to attend a series of open houses being held in their neighborhood. During the walk, our team
members spoke to more than 100 residents, providing door hangers featuring information. When speaking with
residents, Southwest Strategies followed a script offering a brief overview of the project, asked if they would
like to join the interested parties list, wrote down particularly strong comments and answered questions.
We recommend moving away from door-to-door outreach, as other engagement methods are more cost
effective and yield higher turnout. While we are happy to conduct door-to-door engagement, we recommend a
hybrid approach that involves extensive digital advertising and engagement to geo target key audiences and
lookalike audiences within a to be determined radius of the proposed site. Our team will provide
recommendations for opportunities to maximize impact, reach and engagement. We also regularly prepare
comprehensive communications plans, marketing plans, digital engagement plans and community outreach
plans to help our clients achieve their goals. Depending on your needs, our team can prepare and implement
any or all of these comprehensive plans, which will guide our work providing general marketing,
communications and website support.
Meeting Facilitation
Our Fresno team has demonstrated experience facilitating in -person and virtual community meetings. This
includes Assembly Bill 617 meetings for the San Joaquin Valley Air Pollution Control District with members of
the public and air quality advocates; MCAG's REAP 2.0 facilitated discussions with the general public and
housing organizations; and Electric Rule 20 Guidebook facilitated discussions for PG&E, SCE and SDG&E for
stakeholders from San Diego to the Northern California border.
At Southwest Strategies, we have mastered perfect virtual and hybrid public meetings to ensure equal
engagement and interaction opportunities. We strongly believe in using all the major meeting platforms in
various formats, because one size does not fit all. We have begun incorporating virtual engagement hubs,
which enable people who cannot attend an in -person or virtual meeting to participate when its convenient for
them. Our team has determined that the most equitable and inclusive way to conduct meaningful,
comprehensive public outreach is to meet people where they are — whether that's out at public gathering
places or community events in person or virtually on local news sites and social media.
Further, we regularly conduct open houses and facilitated discussions to obtain community feedback for
clients. We have used Social PinPoint, which serves as a virtual engagement hub to get input from members of
the public who are not comfortable attending in person engagement meetings. This platform allowed our team
to disseminate project information about MCAG REAP 2.0 to the community while centralizing parallel and
cross jurisdictional project efforts. A Social PinPoint site that we have developed can be found b=.
Managing Feedback and Inquiries
We regularly manage stakeholder feedback, inquiries and outreach for clients. This includes operating project
specific hotlines and email addresses for projects, preparing responses and logging all feedback into a master
tracker. We have done this for clients ranging from PG&E, the City of Carlsbad, Poseidon Water, SCE,
SDG&E, MCAG, SANDAG and many others.
Relationships and Outreach
As Central Valley natives, our team has built long -last relationships throughout the community of Fresno. This
includes healthcare organizations, community -based organizations, advocacy groups, public health advocates
and many others. The relationships we propose leveraging for this program include but are not limited to the
following organizations:
Fresno Community Health Improvement Partnership (FCHIP)
e Fresno -Madera Agency on Aging
■ Every Neighborhood Partnership
• Cultiva la Salud
• Fresno State Office of Community and Economic Development
Fresno Housing
p Fresno Economic Development Corporation
Our team has experience developing campaigns designed to identify platforms, types of content and
stakeholders who will best respond to projects. After evaluating content platforms that best reach your desired
audience, we will deliver a cross -platform campaign and track best performing metrics to drive an expanded
campaign throughout the City of Fresno. Southwest Strategies has utilized Google's display and search
network to place digital advertisements in front of stakeholders most likely to engage with our content. We will
also thoroughly track engagement across channels such as interest websites, major news and weather,
YouTube and mobile applications using Google's network. Our team will also develop an overarching message
platform to inform a social media campaign and digital advertisements for this effort.
Multilingual Outreach, Volunteer Capacity and Ability to Complete Scope
Our team includes fluent Spanish speakers, and we regularly coordinate translation in Hmong and Punjabi for
clients. Most recently, we coordinated interpretation and translation into Hmong, Punjabi and Portuguese
virtually and in person through our work with MCAG. We recognize the challenges of translating technical
concepts into multiple languages and creating translations that are readily understood by a wide variety of
audiences, eliminating jargon.
If selected, our staff have the capacity to support this effort as shown in our percent availability allocations on
the teams' resumes. Further, we are happy to coordinate volunteer support through your channels or other
means if desired to bolster our team. Southwest Strategies is ready to hit the ground running to support
projects with a quick deadline. We look forward to meeting with your team to ramp up quickly and complete this
work by April 2023. Our approach provides more detail about how we will achieve this.
2. Outreach Strategy Goals
Southwest Strategies has demonstrated experience facilitating meetings among the general public and
stakeholder groups. This includes direct, recent experience moderating facilitated discussions for the general
public, public works leads, planning heads, senior organizations and healthcare stakeholders. For this project,
we recommend strategic digital, grassroots and media engagement to draw disparate audiences to participate
in these events, with a strategic focus on senior stakeholders. Our engagement will be citywide to reflect the
citywide nature of the senior center, but we also propose additional engagement in communities directly
adjacent the site as indicated below, including Fig Garden, Hoover, McLane, Manchester, Fresno
High-Roeding, Tower District, Mayfair, West Fresno and South Fresno in zip codes 93703, 93704, 93728,
93726, 93710, 93711, 93650, 93721, 93706, 93725. Further, while the below represents a high-level overview
of our strategies, these are subject to change as we learn more about your goals and objectives.
Digital ads: This process includes placing targeted web display and social media advertisements among key
demographics using tailored look -alike audiences. Particular emphasis will be placed on Facebook and the
Google display network due to their high level of access and engagement among adult and senior populations.
We estimate digital ads will reach 80,000-100,000 users within the City and anticipate each community
meeting should have around 70 attendees each.
Grassroots engagement: This will include working with community -based organizations, senior centers,
healthcare stakeholders and others to promote these meetings and gain feedback. Our team will work with City
staff to gain a sense of specific community groups to be engaged within a particular radius of the site to
maximize outreach and engagement. Further, our team will work with organizations to further promote the
meetings via:
Flyers at community centers
o Digital flyers to leaders to distribute to their networks
n Promote meetings via recurring eblasts, newsletters and other established lines of communication
o Promote events on social media
We estimate this engagement will generate approximately 10,000 impressions.
Media engagement: We will work with City staff to promote the event among various media channels,
including The Business Journal, The Fresno Bee, GV Wire, KMJ, Radio Bilingue, KVPR, KBIF and others. This
would include potentially buying web -based banner ads and promoting them for earned media pieces. We
estimate this will generate 300,000 impressions.
Community calendars: We will work to promote the meetings among these agencies by having them placed
on community calendars, including media outlets above, the City of Fresno's calendar, the County of Fresno,
the Fresno EDC and the Fresno Chamber of Commerce, among others. We estimate this will generate 2,000
impressions.
Hybrid workshops: In the aftermath of COVID-19, we have found success in convening hybrid workshops
both in -person and virtually to maximize attendance among those who may not feel comfortable attending
in -person meetings. This is particularly vital given the potentially higher risk associated with engaging senior
communities. With this in mind, we recommend conducting several virtual meetings at various times to ensure
engagement of those who are unable to attend an in -person event.
Virtual engagement hub: We recommend launching a virtual engagement hub, which we regularly develop for
clients. These serve as a digital open house for those to review items at their own pace and provide feedback,
which has been vital to maximizing feedback across diverse audiences. We regularly use Social PinPoint,
which has features like online surveys, polls, comment walls and interactive maps for stakeholders to leave
comments.
3.Line Item
Southwest Strategies proposes to bill on a time and materials basis every month as detailed below. Any direct
costs listed in the proposed operational expense breakdown section will be approved in advance by your staff
prior to our incurring these expenses. This budget is subject to change based on further discussions with you.
Facility Fees for Two In Person Meetings
Digital advertisements
Hmong and Punjabi Translation/Interpretation
SECTION A TOTAL
Rachel Audino, Meeting
$170
15
Facilitation and Planning
Cody Dixon, Event Planning
$125
20
and Logistics
Avery Johnston, Event
$95
40
Planning and Logistics
Paulina Sierra, Digital
$95
40
Engagement Coordination
Mayra Ortiz, Graphic Design
$90
15
Support
Avery Johnston, Grassroots
$95
100
Outreach Implementation
Rachel Audino, Day -to -Day
$170
100
Project Management
Paulina Sierra, Outreach
$95
10
Summary Preparation
Rachel Audino, Outreach
$170
2
Summary Finalization
Rachel Audino, Weekly
$170
16
Check -in Meeting
SECTION 8 TOTAL
358
$500
$3,500
$1,000
$5,000
Anticipated Cost
$2,500
$3,800
$3,800
$1,350
$9,500
$17,000
$950
$340
$2, 720
$44,510
4 round trips for senior director from home address to Fresno City Hall at $0.625 $84.80
2 round trips for manager from home address to Fresno City Hall at $0.625 $30.40
2 round trips for account coordinator from home address to Fresno City Hall at $42.00
$.625
SECTION C TOTAL $157.20
TOTAL AMOUNT REQUESTED $49,667.20
Jessica Luternauer
Senior Vice President and Partner
EXHIBIT B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno (City)
and [Service Provider Name] (Service Provider)
Cit ide Senior Center
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage for
"bodily injury," "property damage" and "personal and advertising injury" with
coverage for premises and operations (including the use of owned and non -
owned equipment), products and completed operations. and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non -owned automobiles or other licensed
vehicles (Code 1- Any Auto). if personal automobile coverage is used, the
CITY, its officers, officials, employees, agents and volunteers are to be
listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
SERVICE PROVIDER'S profession.
MINIMUM LIMITS OF INSURANCE
SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall
maintain limits of liability of not less than those set forth below. However, insurance limits
available to CITY, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
ALL-B GSP Agt Total Fee (12-2022)
Page 1 of 5
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(1) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) appropriate to the
Service Provider's profession:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of Insurance, this insurance policy(ies) shall
"follow form" and afford no less coverage than the primary insurance policy(ies). in
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and
non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
SERVICE PROVIDER shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and SERVICE PROVIDER shall also be
responsible for payment of any self -insured retentions. Any deductibles or self -insured
retentions must be declared to on the Certificate of Insurance, and approved by, the
CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects CITY, its officers, officials, employees, agents
and volunteers; or
(ii) SERVICE PROVIDER shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be
responsible for the payment of any deductibles or self -insured
retentions.
ALL-B GSP Agt Total Fee (12-2022)
Page 2 of 5
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liabilitv and Automobile Liability insurance ooficies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. SERVICE PROVIDER shall establish
additional insured status for the City and for all ongoing and completed
operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 04 13 and
CG 20 37 04 13 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3_ For any claims relating to this Agreement, SERVICE PROVIDER'S
insurance coverage shall be primary insurance with respect to the CITY, its
officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents
and volunteers shall be excess of SERVICE PROVIDER'S insurance and
shall not contribute with it. SERVICE PROVIDER shall establish primary
and non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO Form
CG 20 01 04 13.
The Workers' Cam ensation insurance PQlic is to contain, or be endorsed to contain, the
following provision: SERVICE PROVIDER and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Errors and Omissions insurance policV is written on a claims -made
form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by SERVICE PROVIDER.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first, or, in the alternative,
the policy shall be endorsed to provide not less than a five (5) year discovery
period.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of
the Agreement or the commencement of work by SERVICE PROVIDER,
SERVICE PROVIDER must purchase "extended reporting" coverage for a
minimum of five (5) years completion of the Agreement work or termination
of the Agreement, whichever occurs first.
ALL-B GSP Agt Total Fee (12-2022)
Page 3 of 5
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non -renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. SERVICE PROVIDER is also responsible for providing written notice to
the CITY under the same terms and conditions. Upon issuance by the Insurer, broker, or
agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits,
SERVICE PROVIDER shall furnish CITY with a new certificate and applicable
endorsements for such poiicy(ies). In the event any policy is due to expire during the
work to be performed for CITY, SERVICE PROVIDER shall provide a new certificate, and
applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to
release or diminish the liability of SERVICE PROVIDER, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not act as
a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of SERVICE PROVIDER, its principals, officers, agents,
employees, persons under the supervision of SERVICE PROVIDER, vendors, suppliers,
invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or
indirectly by any of them_
VERIFICATION OF COVERAGE
SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the CITY'S Risk Manager or his/her
designee prior to CITY'S execution of the Agreement and before work commences. All
non -ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall
immediately furnish City with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
SUBCONTRACTORS
If SERVICE PROVIDER should subcontract all or any portion of the services to be
performed under this Agreement, SERVICE PROVIDER shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated. The
ALL-6 GSP Agt Total Fee (12-2022)
Page 4 of 5
subcontractors' certificates and endorsements shall be on file with SERVICE PROVIDER
prior to the commencement of any work by the subcontractor.
ALL-B GSP AM Total Fee (12-2022)
Page 5 of 5
DATE(MMIDDIYYYY)
�+ca°J'& CERTIFICATE OF LIABILITY INSURANCE 1/3I1?a?3
6----
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
Vanbridge, an EPIC Company CONTACT
PRODUCER fh CONTACT
___ Jennifer LSOSSVIellar
1140 Avenue of Americas, 8 Floor —
New York, NY 10036 fta[4ta.fxtl
LnoueAS• 0assweilwavantlridge,COm
INSURED lnaunrno: --
SOUTHWEST STRATEGIES, LLC INsuRgRc-. VallayForgitInsufance Cam an
401 B Street #150 INSUR"D. Continental Casualty COmpanv
San Diego CA 92101
INsuRER E -
COVERAGES CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ -
L. I POLLICY EFF I cY EXv I.iM[75
LTAR TYPE OF INSURANCE ! POLICY [NUMBER i
C COMMERCIAL GENERAL LIABILITY 7013489180 12/1312022 12/13/2023 EArK occuMsCe s S2 000 000
f�RYRr�A s 1 t1gDA00
CLAIMS -MADE rV-1 OCCUR -- T
LIED EXP IAN cn a Pe --) $ 1 t] 000
I PPTLSD'ML S ADV INJURY 1 a 2.000,000
GENt.AGGREGATE LIMIT APPLIESPER:
I
`
C3cHERALACiGR'cGATE
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t POLICY LJ jEC _� LOG
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C
AUTOMOBILE LIABILITY
BODILY INJURY (Per parson) S
ANY AUTO
OWNED SCHEDULED
r acent)I S T
BODILY INJURY fF.accident)
AUTOS ONLY AUTOS
HIRED NON -OWNED
KtOPER,TY Wili AG S _
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AUTOS ONLY AUTOS ONLY
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?01.3"9762
12/131202211211312023
EACHQCCt1RREVCE 33.000.000 ,
AGORCOKIC
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EXCESS LIAR CLVRSS. L1AOe
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I PER U• EF
5
I DEO y AMNT ' 0.000 1
B IWORHEfls CDIVPENSATION !
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.AND EMPLOYERS' LIABILITY YIN
1
Ah1YPROPRI ETORTPMTNERIc7C6 CLITME
OFFICFA,4aENDEAEXGLUDEA� N f A'
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'DESCRIPTIONN OF OPERA(IONS tWl-
A ,Professional` L1abffi
f LHF T3334261 05
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f
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$15K Retention
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD
101, Additional Remarks Schedule, maybe
attached If more space Is required)
For WC, a Waiver of Subrogation is extended to the Certificate
Holder its officers, officials,
employees, agents, and
volunteers
Cut of Fresno
2600 Fresno Street
Fresno CA 93721
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATiON DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATME
Philip Moyle$
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
1�9030]E Nzs'rr Ci..-_; ic�_c Senni Ear 1/31/2523 1:51:33 =A !SST, 1 _ _s 1 of 1
EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
[Project Titles
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization, or person who is in litigation
with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the City
of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals. managers, or professionals, related
by blood or marriage to any City of Fresno employee who has any
significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation: Our firm supports numerous
projects with Pacific Gas and Electric
Company, and we support the Fresno
Council of Governments. While any
work between these two agencies and the
City of Fresno is unknown to us, we reco nize
they perform work with and in the City.
3 Additional page(s) attached.
January 30, 2023
Date
Jessica Lutemauer
Name
Southwest Strategies
Company
401 B Street, Suite 150
Address
San Diego, CA 92101
City, State, Zip
ALL-B GSP Agt Total Fee (05-2022)
Page 1 of 1
YES* NO
Li
❑ 0
a ❑
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