request for proposal 6102-2019 california eew statewide ... · services (cal oes), request for...

Request for Proposal 6102-2019 California EEW Statewide Education and Outreach Campaign

REQUEST FOR PROPOSAL Notice to Prospective Proposers

RFP # 6102-2019

You are invited to review and respond to the California Governor’s Office of Emergency Services (Cal OES), Request for Proposal (RFP), entitled California Earthquake Early Warning Statewide Education and Outreach Campaign, RFP Number 6102-2019. In submitting your proposal, you must comply with the instructions found herein. The proposals must be received in the office of Cal OES no later than February 18, 2020 by 3:00 pm. Proposals received after the specified date and time will not be considered. Proposers requiring clarification of the intent and content of this RFP, or on the competitive proposal process may request clarification only by submitting written questions to:

Tim Ash, Contract Analyst California Governor’s Office of Emergency Services

3650 Schriever Avenue Mather, CA 95655

(916) 845-8119 [email protected]

To ensure a response, questions must be received, in writing, by January 20, 2020 by 3:00 pm. Questions received by this date will be answered in writing, without identifying the source of the query. Copies of all questions and Cal OES responses will be available at www.caleprocure.ca.gov. Please see Section C., Proposal Requirements and Information, Subsection 3, entitled Submission of Written Questions, for additional information. Any Attempt by a Proposer to initiate contact with any member of Cal OES staff, other than the Cal OES Contract Analyst, regarding this RFP process may disqualify the Proposer from further consideration. Please note that no verbal information provided will be binding upon Cal OES unless such information is issued in writing as an official addendum.

mailto:[email protected]

http://www.caleprocure.ca.gov/


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TABLE OF CONTENTS A. INTRODUCTION B. MINIMUM QUALIFICATIONS FOR PROPOSERS C. PROPOSAL REQUIREMENTS AND INFORMATION

1. Term 2. Key Action Dates 3. Submission of Written Questions 4. Proposal Requirements 5. Submission of Proposal 6. Rejection of Proposal 7. Evaluation Process 8. Award and Protest 9. Disposition of Proposals 10. Agreement Execution and Performance 11. Preference and Incentive Programs

D. ATTACHMENTS

1. Required Attachment Checklist 2. Proposal/Proposer Certification Sheet 3. Proposer References 4. Cost Sheet (Exhibit B-1 in Sample SOW) 5. Contractor Certification Clauses (CCC-307) 6. Bidder Declaration (GSPD-05-105) 7. Payee Data Record (STD 204) 8. Darfur Contracting Act Certification 9. California Civil Rights Laws Certification 10. Iran Contracting Act Certification 11. Proposal

E. SAMPLE AGREEMENT

1. Sample Standard Agreement (STD 213) 2. Exhibit A – Statement of Work 3. Exhibit A-1 – Work Authorizations 4. Exhibit B – Budget Detail and Payment Provisions 5. Exhibit B-1 – Cost Sheet 6. Exhibit C –General Terms and Conditions 7. Exhibit D – Additional Provisions


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A. INTRODUCTION The California Governor’s Office of Emergency Services (Cal OES) requires a contractor to: organize and coordinate a comprehensive statewide education and outreach campaign; provide public relations activities that achieve specific targets, including at least 4 million downloads of the California Earthquake Early Warning app – MyShake; as well as targeted marketing to the critical infrastructure sectors listed in the Statement of Work (SOW) to encourage both use of the app for workforce safety, as well as use of Earthquake Early Warning (EEW) technology to enable automated actions for equipment, including shutting off machinery or placing it into safe mode and notifying members of individual workforces. Cal OES encourages proposers to emphasize the media buy services in their proposal and costs. Cal OES intends to award the agreement for the full budgeted amount and expects the Media Buy section to be the major cost component to support the objective to increase downloads of the MyShake app.

B. MINIMUM QUALIFICATIONS FOR PROPOSERS

The Contractor shall have, at a minimum, the following mandatory qualifications:

1. Must meet the minimum qualifications for the labor categories: Account Project Manager, Account Principal, Communications Specialist, Media Specialist, Digital Specialist, Visual Media/Video Specialist and Misinformation Specialist as defined in the Resumes section of this request for proposals. Proposals submitted without these seven required labor categories shall be rejected.

2. Proven ability and success partnering with media outlets and/or other entities to collaborate, coordinate, and leverage resources in order to increase adoption of the California Earthquake Early Warning Program.

a. Be a creative and strategic public relations company that has experience in

producing large scale campaign messaging and materials for behavior change.

b. Have proven experience related to using a variety of media outlets.

c. Have proven experience related to social media campaigns.

3. The Contractor or its parent company must have a minimum of 5 years of public relations experience.

4. Project Manager must be an employee of the Contractor and must have at least 5 years of related experience in advertising, marketing, public outreach, visual media and/or video production and community involvement.


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5. The proposer's team (Contractor and Subcontractor) must have completed a

minimum of two statewide outreach campaigns with an average budget of no less than $2.5 million. Outreach campaigns are not limited to California or state/government agencies.

6. Knowledge/experience requirements

a. The Contractor and/or Subcontractor must have knowledge and experience with performance of services which are the same as (or substantially similar to) the services required in the Scope of Work.

b. The Contractor and Contractor's staff must be able to work with and take direction from designated California Earthquake Early Warning Program staff. They must possess strong interpersonal skills with an emphasis on customer services, teamwork and communications.

C. PROPOSAL REQUIREMENTS AND INFORMATION

1. Term The period of performance for the Agreement shall be from January 6, 2020, or upon approval, whichever is later, through June 30, 2022.

2. Key Action Dates Cal OES will use its best efforts to adhere to the time schedule. However, Cal OES reserves the right to amend the time schedule, as it deems necessary. Event Date Time RFP available to prospective proposers January 9, 2020 Written Question Submittal Deadline January 20, 2020 3:00 p.m. Cal OES Response to Submitted Questions January 23, 2020 Final Date for Proposal Submission February 18, 2020 3:00 p.m. Presentations February 21, 2020 Tentative Notice of Intent to Award March 2, 2020


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Tentative Contract Award March 19, 2020

3. Submission of Written Questions Should Proposers have questions regarding the information presented in this solicitation, Proposers must submit questions in writing to the Cal OES Contracts Analyst via e-mail at [email protected] no later than January 20, 2020. Cal OES will provide answers to questions received by January 23, 2020 in writing without divulging the source of the query. Copies of all questions and Cal OES responses will be available at www.caleprocure.ca.gov.

4. Proposal Requirements

To be eligible for evaluation, a proposal must adhere strictly to the format set forth below; failure to do so may result in disqualification. Proposers must address each of the required sections indicated below. Please label and separate each section and number all pages to allow for ease of review by the evaluation team. The content and sequence of the proposal will be as follows: a. Required Attachment Checklist

All proposals shall include the documents identified in Attachment 1, Required Attachment Checklist. Proposals not including the proper “Required Attachments” shall be deemed non-responsive. A non-responsive proposal is one that does not meet the basic proposals requirements.

b. Proposal/Proposer Certification Sheet

Attachment 2, Proposal/Proposer Certification Sheet, which shall be a part of the proposal package, must be signed by an individual(s) who is authorized to bind the Proposer contractually. An unsigned or incomplete Attachment 2 may cause the proposal to be rejected.

c. Proposer References

Proposer will provide three organizational references of similar types of services performed within the last 5 years. For purposes of the RFP, Cal OES may not be used as a reference, including current or prior Cal OES employees.




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References must include customer name and address, telephone number, and e-mail address of a contact person. Cal OES may contact referenced organizations to verify the information provided. Negative responses from any references may be cause for rejection. References will be used in the evaluation process, Attachment 3.

d. Cost Sheet All costs shall be filled in by the Proposer and shall be incorporated into the final agreement as Exhibit B-1 Cost Sheet, Attachment 4.

e. Required Attachments

Attachment 5 through Attachment 10 are attachments which require signature and must be signed by an individual(s) who is authorized to bind the Proposer contractually. Proposals submitted that do not include the proper “required attachments” may be immediately rejected.

f. Proposer to provide a proposal as described in Attachment 11.

5. Submission of Proposal a. Submit one (1) original, four (4) paper copies.

1) The original paper copy must contain the original signature of the individual(s) authorized to bind the Proposer contractually, be labeled “Original Copy,” and be un-bound.

b. All proposals must be delivered to Cal OES by February 18, 2020, at 3:00 p.m. The

sealed proposal envelopes must be plainly marked with the RFP number and title, your organization name and address. Proposals received after this date and time may not be considered. Proposals must be delivered to the following address:

RFP NUMBER 6102-2019

California EEW Statewide Education and Outreach Campaign California Governor’s Office of Emergency Services

Attn: Tim Ash, Contract Analyst 3650 Schriever Avenue

Mather, CA 95655


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c. Proposals must be submitted for the performance of all the services described herein. Any deviation from the work specifications will not be considered and will cause a proposal to be rejected.

d. Costs for developing proposals, and in anticipation of award of the agreement,

are entirely the responsibility of the Proposer and shall not be charged to Cal OES.

e. A Proposer may modify a proposal, after its submission, by withdrawing its original proposal and resubmitting a new proposal prior to the proposal submission deadline date. Proposal modifications offered in any other manner, oral or written, will not be considered.

f. A Proposer may withdraw their proposal by submitting a written withdrawal

request to Cal OES, signed by the Proposer or an agent authorized, through the contact person named in Section b. above. A proposer may thereafter submit a new proposal prior to the proposal submission deadline. Proposals may not be withdrawn without cause subsequent to proposal submission deadline.

g. Cal OES may modify the RFP prior to the date fixed for submission of proposals by issuing an addendum that will be posted on www.caleprocure.ca.gov.

h. Cal OES reserves the right to reject all proposals for reasonable cause. If the costs

of all proposals are excessive, Cal OES is not required to award an agreement.

i. Where applicable, proposer should carefully examine work sites and specifications. No additions or increases to the agreement amount will be made due to a lack of careful examination of work sites and specifications.

j. More than one proposal from an individual, firm, partnership, corporation or

association under the same or different names, will not be considered.

k. Cal OES does not accept alternate contract language from a prospective Contractor. A proposal with such language will be considered a counter proposal and will be rejected. The State’s General Terms and Conditions (GTC) are not negotiable.

l. No oral understanding or agreement shall be binding on either party.

6. Rejection of Proposal

a. A proposal may be rejected if it is conditional or incomplete, or if it contains any

alterations of form or other irregularities of any kind. The State may reject any or all proposals and may waive any immaterial deviation in a proposal. The State's waiver of immaterial deviation shall in no way modify the RFP document or excuse



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the proposer from full compliance with all requirements if awarded the agreement.

b. The awarding agency reserves the right to reject all proposals. The agency is not

required to award an agreement.

7. Evaluation Process

a. At the time of proposal opening, each proposal will be checked for the presence or absence of required information in conformance with the submission requirements of this RFP.

b. Proposals that contain false or misleading statements, or make assertions which do not support an attribute or condition claimed by the bidder, the Proposal may be rejected. If, in the opinion of Cal OES, information was intended to mislead Cal OES in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, it will be the basis for rejection of the proposal.

c. Cal OES will evaluate each proposal to determine its responsiveness to Cal OES needs. Should a proposal package not meet all of the requirements set forth in this RFP, it may be considered non-responsive and rejected from further competition. Those bidder’s submittals that pass the review will be forwarded to the evaluation committee for evaluation of the technical proposals.

d. Award, if made, will be to the highest scored responsive responsible proposal.

e. If there are tied proposals, then a coin toss shall determine the winning proposal.

f. Proposals will be rated by an evaluation committee using a consensus scoring process for determining final scores. Below is the scoring criteria that will be used to evaluate proposals for this RFP.

g. The following indicates the maximum points for each mandatory scoring requirement and an explanation of scoring:

RATING/SCORING CRITERIA

MAXIMUM POSSIBLE

TECHNICAL POINTS

A. Project Design/Approach: Provide the California Earthquake Early Warning Program application review panel with a project plan and presentation that demonstrates a well thought out strategy (what will be

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done and how) to produce the required deliverables. Please address the following items in your response. 1. Identify the successful criteria you will use to evaluate your support for the CEEW Program to assist them in meeting their goals and objectives.

2. Explain how you will leverage existing state-level earthquake preparedness and other disaster preparedness campaigns, including Listos California, to ensure seamless connectivity of EEW content with other campaigns, and maximum reach to Californians at greatest risk to the effects of earthquakes and other disasters.

3. Strategy for target workforce adoption. 4. Strategy for and track record of media purchases over a variety of delivery channels.

5. Description of capacity and staff experience generating creative products.

B. Presentation*: Present on the entirety or portions of the written proposal, as requested by Cal OES. 15 C. Qualifications: Clearly describe staff qualifications and expertise in this type of project. Include previous experience with NGOs and/or government entities as well as work in the disaster field and other knowledge and experience specifically related to the core competencies needed to complete this campaign. Please address the following in your response:

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1. Describe your organization's expertise and ability to educate the general public in a broad campaign that is language accessible and ADA compliant.

2. Describe your organization's experience capitalizing on existing state education and outreach campaign.

3. Describe your organization's industrial sector specific education and outreach campaign experience.

4. Provide 3 examples of previous work of a similar type and scale. C. Management of Projects 10 1. Ability to manage projects 2. Ability to provide quality deliverables 3. Ability to complete projects on time and within budget D. Media Buy Percent of Total Contract Value 10 1. Higher media buy percentages will be awarded higher points

*Location of presentation is 3650 Schriever Avenue, Mather, CA 95655 or, at Cal OES’ option, via phone or video conference. Cost Evaluation:

Cost* 43 Points


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*The cost evaluation will be based on the average cost per hour of the Labor Cost elements. The lowest average cost per hour will be awarded the maximum cost points.

Each proposer’s cost will be converted to a point score. Cost/value effectiveness and cost adequacy will be evaluated and awarded points as part of the technical score, in addition to cost points. All costs must be allowable, allocable, and reasonable. Cal OES will consider whether the budget has the ability to support the proposed project in an efficient and effective way while demonstrating a reasonable and appropriate allocation of funding.

The following formula will be used for the award of cost points:

1) Lowest average cost per hour of the Labor Cost elements will be awarded the

maximum cost points

2) Other proposals will be awarded cost points as follows:

a) Cost of lowest proposer’s average cost per hour of the Labor Cost elements divided by cost of other proposer = (factor) X maximum cost points = cost points for other proposer

b) In this example, Proposer B is the lowest average cost per hour of the Labor

Cost elements proposer and earns the maximum 40 points

Proposer Average

Cost Calculation Cost

Score A $675.00 $600 (B)/$675 (A) = .89 .89 x 40

= 36 36

B $600.00 $600 (B)/$600 (B) = 1.00 1.00 x 40 = 40

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C $650.00 $600 (B)/$650 (C) = .92 .92 x 40 =37

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Adjustments to scores will be made for Socioeconomic and Environmental Program incentives (SB and DVBE).

8. Award and Protest

a. Notice of the proposed award shall be posted in a public place in the lobby of

the Governor’s Office of Emergency Services for five (5) working days prior to awarding the agreement.


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b. If any proposer, prior to the award of agreement, files a protest with the Governor’s Office of Emergency Services and the Department of General Services, Office of Legal Services, 707 Third Street, 7th Floor, Suite 7-330, West Sacramento, CA 95605, on the grounds that the (protesting) proposer would have been awarded the contract had the agency correctly applied the evaluation standard in the RFP, or if the agency followed the evaluation and scoring methods in the RFP, the agreement shall not be awarded until either the protest has been withdrawn or the Department of General Services has decided the matter. It is suggested that you submit any protest by certified or registered mail.

c. Within five (5) days after filing the initial protest, the protesting proposer shall file

with the Department of General Services, Office of Legal Services and the Governor’s Office of Emergency Services a detailed statement specifying the grounds for the protest.

d. Upon resolution of the protest and award of the agreement, Contractor must

complete and submit to the awarding agency the Payee Data Record (STD 204), to determine if the Contractor is subject to state income tax withholding pursuant to California Revenue and Taxation Code Sections 18662 and 26131. This form can be found on the Internet at: https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx under the heading FORMS MANAGEMENT CENTER. No payment shall be made unless a completed STD 204 has been returned to the awarding agency.

e. Upon resolution of the protest and award of the agreement, Contractor must sign

and submit to the awarding agency, page one (1) of the Contractor Certification Clauses (CCC), which can be found on the Internet at https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE.

9. Disposition of Proposals

a. Upon proposal opening, all documents submitted in response to this RFP will

become the property of the State of California, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public.

b. Proposal packages may be returned only at the proposer's expense, unless such

expense is waived by the awarding agency.

10. Agreement Execution and Performance a. Service shall start no later than 14 days, or on the express date set by the awarding

agency and the Contractor, after all approvals have been obtained and the

https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE




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agreement is fully executed. Should the Contractor fail to commence work at the agreed upon time, the awarding agency, upon five (5) days written notice to the Contractor, reserves the right to terminate the agreement. In addition, the Contractor shall be liable to the State for the difference between Contractor's Proposal price and the actual cost of performing work by another contractor.

b. All performance under the agreement shall be completed on or before the termination date of the agreement.

11. Preference and Incentive Programs

Preference and Incentive Programs are each identified below. When the Proposer satisfies the requirements and requests bid preferences and incentives, the Proposer must clearly identify in their bid submission for which of the programs it qualifies. Denial of those preference or incentive requests is not a basis for rejection of the bid. a. Small Business Enterprise Preference Program

California Government Code (GC) section 14835, et seq., requires a preference be given to Proposers who are California Certified Small Business (SB). The rules and regulations of this law, including the definition of a SB for the delivery of goods and services, are contained in California Code of Regulations, title 2, section 1896 et seq. 1) A 5% preference is available to a certified SB. A Proposer claiming this

preference must be certified by the Office of Small Business and Disabled Veteran Enterprise Services (OSDS) as a SB. Questions regarding certification should be directed to the OSDS at (916) 375-4940.

To be considered as a certified SB, the Proposer must have a complete application package on file with the OSDS by 5:00 p.m. on the Deadline for RFP Submission. Questions regarding the certification approval process should be directed to the OSDS. A copy of the regulations, instructions and format for claiming the Small Business Preference is available at: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise.

To claim the Small Business Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this RFP may qualify the Proposer for a SB preference.

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise




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2) Non-Small Business Subcontractor Preference

A 5% preference is available to a non-small business (NS) claiming 25% California-certified small business subcontractor participation. A Proposer claiming this preference must list one or more SB subcontractor(s), whom the Proposer commits to subcontract in an amount of at least twenty-five percent (25%) of the work performed under this contract.

To claim the Non-Small Business Subcontractor Preference please see Attachment 6, Bidder Declaration (GSPD-05-105).

NOTE: Pursuant to GC 14837, only a SB who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this RFP may be used to qualify the Proposer for the Non-Small Business Subcontractor Preference.

b. Disabled Veteran Business Enterprise Incentive

Cal OES shall waive the Disabled Veteran Business Enterprise (DVBE) participation requirement for this contract. However, pursuant to Military and Veterans Code Section 999.5, subdivision (a), an incentive will be given to a Proposer who provides DVBE participation.

The DVBE Incentive is as follows:

Confirmed DVBE Participation

(Bidder Declaration) Incentive Amount

5% or Over 5% 4% to 4.99% Inclusive 4% 3% to 3.99% Inclusive 3% 2% to 2.99% Inclusive 2% 1% to 1.99% Inclusive 1%

A Proposer is eligible to receive this additional DVBE incentive if they are a certified DVBE or if a non DVBE Proposer commits to use a certified DVBE(s) as subcontractor(s). 1) Certified DVBE Proposer additional incentive considerations

a) Commit to performing 1% or more of the contract bid value with the prime bidder’s organization or in combination with another DVBE(s).


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b) Document DVBE participation on the Bidder Declaration GSPD-05-105, Attachment 6.

c) At the State’s option a DVBE Proposer working in combination with other

DVBE(s) will submit proof of its commitment by submitting a written confirmation from the DVBE(s) identified as a subcontractor on the Bidder Declaration GSPD-05-105. When requested, the written confirmation must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

2) Non-DVBE Proposer additional incentive considerations

a) Commit to using certified DVBE(s) for 1% or more of the bid value. b) Document DVBE participation on the Bidder Declaration GSPD-05-105,

Attachment 6. c) At the State’s option prior to contract award, a Proposer is to submit proof

of its commitment by submitting a written confirmation from each DVBE identified as a subcontractor on the Bidder Declaration GSPD-05-105. The RFP Acquisitions Analyst named in the Notice to Prospective Bidder may contact each listed DVBE, by mail, email, fax or telephone, for verification of the Proposer’s submitted DVBE information. When requested, the document(s) must be submitted to the address or facsimile number specified and within the timeframe identified in the notification. Failure to submit the written confirmation as specified may be grounds for bid rejection.

NOTE: Pursuant to Military and Veterans Code section 995.5, only a DVBE who performs a Commercially Useful Function (CUF) relevant to the Statement of Work included in this RFP may qualify the Proposer or be used to qualify the Proposer for a DVBE participation and/or DVBE incentive.

3) Locating DVBE Subcontractors a) State Resources: Access the list of all certified DVBEs by using the

Department of General Services, Procurement Division (DGS-PD), online certified firm database at: www.eprocure.dgs.ca.gov.

To begin your search, click on “Small Business and Disabled Veteran Business Enterprise Services,” then click “SB/DVBE Search.” Search by “Keywords” or “United Nations Standard Products and Services Codes (UNSPSC) that apply to the elements of work you want to subcontract to a


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DVBE. Check for subcontractor ads that may be placed on the California State Contracts Register (CSCR) for this solicitation prior to the closing date. You may access the CSCR at: www.caleprocure.ca.gov. For questions regarding the online certified firm database and the CSCR, please call the OSDS at (916) 375-4940 or send an email to: [email protected].

b) Federal Resources: Search the U.S. Small Business Administration’s (SBA)

Central Contractor Registration (CCR) online database at https://www.sba.gov to identify potential DVBEs and click on the "Dynamic Small Business Search" button. Search options and information are provided on the CCR Dynamic Small Business Search site. First time users should click on the “help” button for detailed instructions.

c) Local Resources: For a list of local DVBE organizations:

www.caleprocure.ca.gov c. Target Area Contract Preference Act (if applicable)

The Target Area Contract preference Act (TACPA) promotes employment and economic development at designated distressed areas by offering 5% worksite and 1% to 4% workforce bidding preferences in specified state contracts. The TACPA preferences do not apply to contracts where the worksite is fixed by the contract terms. These preferences only apply to Bidder’s who are California based firms, and only when the lowest responsible bid and resulting contract exceed $100,000. Bidder must certify, under penalty of perjury, to perform either 50% of the labor hours required to complete a contract for goods, or 90% of the labor hours required to complete a contract for services in the Target Area Contract Preference Act zone(s) identified (GC §4530 et seq., and 2 CCR §1896.30). To apply for these preferences, the Bidder must complete and return, with their bid submittal, the form located at the following link: https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf.

d. Applying Preference and Incentives

1) Preferences and incentives are used for bid tabulation purposes to determine the high point proposal. Strict adherence to the laws and regulations to apply the preferences and incentives will be followed. If awarded the contract, the preference and/or incentive does not alter the amount of the resulting contract. Please be aware that contracts awarded with applied preferences or incentives will be monitored throughout the life of the contract for compliance to statutory, regulatory and contractual requirements.

2) The SB preference of 5% will be applied when a responsible Proposer that is not a CA certified SB or a NS claiming 25% CA certified SB subcontractor


https://www.sba.gov/


https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std830.pdf


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participation submits the highest scored proposal. (Note: NS claiming SB subcontractor preference cannot remove an award from a certified SB.)

3) The DVBE incentive will be applied to each qualified Proposer’s verified DVBE

participation percentage from the number 1 ranked highest scored proposal, regardless if Proposer is an SB/DVBE. If a SB is ranked number 1 after SB preference has been applied, the DVBE incentive is only calculated for Proposers certified as SBs.

4) The TACPA preference will be applied after the SB preference and the DVBE incentive.


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D. ATTACHMENTS

Attachments follow this page.


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ATTACHMENT 1

REQUIRED ATTACHMENT CHECKLIST

A complete RFP proposal will consist of the items identified below. Complete this checklist to confirm the items in your proposal. Place a check mark or “X” next to each item that you are submitting to the State. All required attachments must be returned. This checklist should be returned with your proposal.

Attachment Required Attachment Name/Description

_____ Attachment 1 YES Required Attachment Checklist

_____ Attachment 2 YES Proposal/Proposer Certification Sheet _____ Attachment 3 YES Proposer References _____ Attachment 4 YES Cost Sheet (Exhibit B-1 in Sample SOW) _____ Attachment 5 YES Contractor Certification Clauses (CCC-307) _____ Attachment 6 YES Bidder Declaration (GSPD-05-105) _____ Attachment 7 YES Payee Data Record (STD 204)

_____ Attachment 8 YES Darfur Contracting Act Certification _____ Attachment 9 YES California Civil Rights Laws Certification _____ Attachment 10 YES Iran Contracting Act Certification _____ Attachment 11 YES Proposal


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ATTACHMENT 2

PROPOSAL/PROPOSER CERTIFICATION SHEET

This Proposal/Proposer Certification Sheet must be signed and returned along with all the "required attachments" as an entire package with original signatures. The proposal must be transmitted in accordance with RFP instructions. A. The signature affixed hereon and dated certifies compliance with all the requirements

of this proposal document. The signature below authorizes the verification of this certification.

An Unsigned Proposal/Proposer Certification Sheet May Be Cause For

Rejection 1. Company Name 2. Telephone Number 2a. Fax Number ( ) ( ) 3. Address Indicate your organization type: 4. Sole Proprietorship 5. Partnership 6. Corporation Indicate the applicable employee and/or corporation number: 7. Federal Employee ID No.

8. California Corporation

9. Indicate applicable license and/or certification information: 10. Bidder’s Name (Print) 11. Title 12. Signature 13. Date 14. Are you certified with the Department of General Services, Office of Small Business Certification and Resources (OSBCR) as: a. California Small Business Yes No If yes, enter certification number:

b. Disabled Veteran Business Enterprise Yes No

If yes, enter your service code below: NOTE: A copy of your Certification is required to be included if either of the above items is

h k d “Y ” Date application was submitted to OSBCR, if an application


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Completion Instructions for Proposal/Proposer Certification Sheet Complete the numbered items on the

Proposal/Proposer Certification Sheet by following the instructions below. Item Numbers

Instructions

1, 2, 2a,

3

Must be completed. These items are self-explanatory.

4

Check if your firm is a sole proprietorship. A sole proprietorship is a form of business in which one person owns all the assets of the business in contrast to a partnership and corporation. The sole proprietor is solely liable for all the debts of the business.

5

Check if your firm is a partnership. A partnership is a voluntary agreement between two or more competent persons to place their money, effects, labor, and skill, or some or all of them in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. An association of two or more persons to carry on, as co-owners, a business for profit.

6

Check if your firm is a corporation. A corporation is an artificial person or legal entity created by or under the authority of the laws of a state or nation, composed, in some rare instances, of a single person and his successors, being the incumbents of a particular office, but ordinarily consisting of an association of numerous individuals.

7

Enter your federal employee tax identification number.

8

Enter your corporation number assigned by the California Secretary of State’s Office. This information is used for checking if a corporation is in good standing and qualified to conduct business in California.

9

Complete, if applicable, by indicating the type of license and/or certification that your firm possesses and that is required for the type of services being procured.

10,11 12, 13,

Must be completed. These items are self-explanatory.

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If certified as a California Small Business, place a check in the "yes" box, and enter your certification number on the line. If certified as a Disabled Veterans Business Enterprise, place a check in the "Yes" box and enter your service code on the line. If you are not certified to one or both, place a check in the "No" box. If your certification is pending, enter the date your application was submitted to OSBCR.


21

ATTACHMENT 3

PROPOSER REFERENCES

Submission of this attachment is mandatory. Failure to complete and return this attachment with your proposal will cause your proposal to be rejected and deemed nonresponsive. List below three references of similar types of services performed within the last five years. If three references cannot be provided, please explain why on an attached sheet of paper.

REFERENCE 1 Name of Firm Street Address City State Zip Code Contact Person Telephone Number Email Address Dates of Service Value or Cost of Service Brief Description of Service Provided

REFERENCE 2

Name of Firm Street Address City State Zip Code Contact Person Telephone Number Email Address Dates of Service Value or Cost of Service Brief Description of Service Provided

REFERENCE 3 Name of Firm Street Address City State Zip Code Contact Person Telephone Number Email Address Dates of Service Value or Cost of Service Brief Description of Service Provided


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ATTACHMENT 4

COST SHEET

Submission of this attachment is mandatory. Refer to Exhibit B-1 in Sample SOW.


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ATTACHMENT 5

CONTRACTOR CERTIFICATION CLAUSES

The Contractor Certification Clauses can be found through the following link:





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ATTACHMENT 6

BIDDER DECLARATION SHEET

The Bidder Declaration Sheet can be found through the following link:

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf

*Please sign the bottom of the Bidder’s Declaration. The signature should indicate the title or position that the individual holds in the firm. Failure to do so could result in the bid considered unresponsive.

https://www.documents.dgs.ca.gov/dgs/fmc/gs/pd/gspd05-105.pdf


25

ATTACHMENT 7

PAYEE DATA RECORD

The successful bidder as a result of this RFP will be required to sign the Payee Data Record, STD. 204, before contract award. Refer this website link for more details:

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

http://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf


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ATTACHMENT 8

DARFUR CONTRACTING ACT CERTIFICATION Pursuant to Public Contract Code section 10478, if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a “scrutinized” company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3):

Company/Vendor Name (Printed)

Federal ID Number

Printed Name and Title of Person Initialing (for Options 1 or 2)

1. _____ We do not currently have, and have not had within the previous

Initials three years, business activities or other operations outside of the United States.

OR 2. _____ We are a scrutinized company as defined in Public Contract Code

Initials section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission from DGS is included with our bid or proposal.

OR

3. _____ We currently have, or we have had within the previous three years, Initials business activities or other operations outside of the United States,

+ certification but we certify below that we are not a scrutinized company below as defined in Public Contract Code section 10476.

CERTIFICATION For # 3. I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California.


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By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in the County and State of


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ATTACHMENT 9

CALIFORNIA CIVIL RIGHTS LAWS CERTIFICATION

The California Civil Rights Laws Certification can be found through the following link:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Forms/CALIFORNIA-CIVIL-RIGHTS-LAWS-ATTACHMENT.ashx




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ATTACHMENT 10

IRAN CONTRACTING ACT CERTIFICATION

A bidder must complete the Iran Contracting Act Certification located at the following internet site:

https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx

https://www.dgs.ca.gov/-/media/A7EE965578CA4CC1A63087423C7BED0C.ashx


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ATTACHMENT 11

PROPOSAL

Proposal to address Exhibit A – Statement of Work. Refer to Section C.7. of this RFP for details of how the proposal shall be evaluated. Proposal shall include, at a minimum, the following: A. Project Design/Approach: Provide the California Earthquake Early Warning Program

application review panel with a project plan that demonstrates a well thought out strategy (what will be done and how) to produce the required deliverables. Please address the following items in your response. 1. Identify the successful criteria you will use to evaluate your support for the CEEW

Program to assist them in meeting their goals and objectives. 2. Explain how you will leverage existing state-level earthquake preparedness and other

disaster preparedness campaigns, including Listos California, to ensure seamless connectivity of EEW content with other campaigns, and maximum reach to Californians at greatest risk to the effects of earthquakes and other disasters.

3. Strategy for target workforce adoption. 4. Strategy for and track record of media purchases over a variety of delivery channels. 5. Description of capacity and staff experience generating creative products. Include

resumes for all key staff identified in RFP Section B.1. Minimum Qualifications for Proposers.

B. Qualifications: Clearly describe staff qualifications and expertise in this type of project. Include previous experience with NGOs and/or government entities as well as work in the disaster field and other knowledge and experience specifically related to the core competencies needed to complete this campaign. Please address the following in your response: 1. Describe your organization's expertise and ability to educate the general public in a

broad campaign that is language accessible and ADA compliant. 2. Describe your organization's experience capitalizing on existing state education and

outreach campaign. 3. Describe your organization's industrial sector specific education and outreach

campaign experience. 4. Provide 3 examples of previous work of a similar type and scale.

C. Management of Projects

1. Describe your ability to manage projects 2. Describe your ability to provide quality deliverables


31

3. Describe your ability to complete projects on time and within budget


32

E. SAMPLE AGREEMENT

Sample agreement follows this page.

Sample

California Governor’s Office of Emergency Services Contractor Name California EEW Statewide Education and Outreach Campaign Agreement No. 6102-2019

EXHIBIT A STATEMENT OF WORK (SOW)

CALIFORNIA EARTHQUAKE EARLY WARNING STATEWIDE EDUCATION AND OUTREACH CAMPAIGN

1. OBJECTIVE

The California Governor’s Office of Emergency Services, hereinafter referred as “Cal OES”, requires [Insert Contractor Name], hereinafter referred as “Contractor”, to organize and coordinate a comprehensive statewide education and outreach campaign; provide public relations activities that achieve specific targets, including at least 4 million downloads of the California Earthquake Early Warning app – MyShake; as well as targeted marketing to the critical infrastructure sectors listed in the Statement of Work (SOW) to encourage both use of the app for workforce safety, as well as use of Earthquake Early Warning (EEW) technology to enable automated actions for equipment, including shutting off machinery or placing it into safe mode and notifying members of individual workforces.

2. TERM/PERIOD OF PERFORMANCE

A. The period of performance for the Agreement shall be January 6, 2020, or upon approval, whichever is later, through June 30, 2022, with the option to extend for one (1) additional twelve (12) month term at the original rates evaluated and considered.

B. The Contractor shall not be authorized to deliver or commence the performance of services as described in this SOW until the Agreement has been fully executed. Any delivery or performance of service that is commenced prior to the execution of the Agreement shall be considered voluntary on the part of the Contractor and non-compensable.

C. Consistent with the terms and conditions of the original solicitation, and upon

mutual consent, Cal OES and the Contractor may execute written amendments.

3. BUDGETED AMOUNT The initial award of this Agreement shall not exceed $6,650,000.00 and there is no obligation on Cal OES’ part to utilize the entire amount. Any increases in the budgeted amount will be at the rates evaluated and considered herein.

California Governor’s Office of Emergency Services Contractor Name California EEW Statewide Education and Outreach Campaign Agreement No. 6102-2019 4. PROJECT TASKS AND DELIVERABLES The Contractor must perform project tasks and/or deliverables including, but not limited to, the following: The purpose of this agreement is to drive the download and adoption of the MyShake app. Contractor will maximize their activities to deliver that objective by emphasizing innovative and traditional media buys.

A. Campaign Management 1) The Contractor shall coordinate a team to lead and drive campaign

objectives, the shall include at minimum:

a. Designated public relations lead/accounting principal b. Designated project manager/account project manager c. Communication specialist d. Media specialist e. Digital specialist f. Visual media/video specialist

g. Misinformation specialist h. Support staff as required

2) The contractor shall direct and oversee subcontractors, partners and vendors,

such as those providing graphic printing and studio services. 3) The contractor shall review existing California Earthquake Early Warning and

general earthquake preparedness educational materials. 4) The contractor shall maintain and drive ongoing campaign calendar. 5) The contractor shall coordinate, lead, and participate in meetings and weekly

conference calls, to successfully achieve the campaign objectives. 6) The contractor shall provide communications technical assistance as

necessary to the California Earthquake Early Warning Program. 7) The contractor shall create a consistent branding guide and collateral toolkit

for statewide engagement. 8) The contractor shall create, operate within and foster a one-stop shop to

coordinate all communication about the California Earthquake Early Warning System, including by any partner agencies including but not limited to other state agencies, federal agencies and university partners. The contractor.


B. Communications Plan

1) The Contractor shall submit a written marketing plan to the California

Earthquake Early Warning Program within two weeks of the contract execution. The marketing plan must align with the joint Cal OES/USGS gap analysis and user enlistment strategy.

2) The Contractor shall leverage existing state-level earthquake preparedness and other disaster preparedness campaigns, including Listos California, to ensure seamless connectivity of EEW content with other campaigns, and maximum reach to Californians at greatest risk to the effects of earthquakes and other disasters.

3) The education and outreach plan will outline how the Contractor will creatively utilize paid and earned media, strategic public/private partnerships, and creative tactics to outreach to diverse communities and provide education to increase statewide adoption of California Earthquake Early Warning.

4) The plan must include a specific sector driven approach to increase downloads within specific sectors, including but not limited to:

a. Education b. Lifelines c. Medical d. Business e. Transportation f. Public Safety

g. Utilities h. Telecommunications i. Workforce Protection j. Private Businesses

5) The Contractor shall proceed according to its media plan of the campaign,

which include: a. Innovative Media – Non-traditional Media (in contrast to newspaper, radio

and television, which are considered traditional media) b. Online Advertising c. Social Media d. Live Traffic and News Sponsorships e. Radio Outreach f. Television


g. Public and Private Partnerships

C. Implementation 1) Media Buys

a. The Contractor must use commercially reasonable efforts to negotiate the

most cost effective media buy-outs, capped at ten (10) percent mark-up, and added value components.

b. A cost-effective and scalable paid media plan must be able to balance the need to drive statewide EEW adoption. The strategy may include but is not limited to:

i. Television (TV) – Broadcast and Cable TV with a broad reach in varied day parts and programming, and Direct Response Media (DRTV) placement.

ii. Radio, out-of-home, print, direct mail and e-mail, and paid digital media and e-mail, and paid digital media including premium and programmatic display, and mobile advertising to support and extend the mass media campaign.

iii. Integration of the paid media strategy with other digital efforts (Social Media, Paid Social and Search Engine Marketing).

c. The Contractor will:

i. Research statewide and regional buying opportunities available to both public and private buyers.

ii. Budget and negotiate media purchasing. iii. Ensure media-buys have added value components. iv. Finalizing media buy contracts and oversee implementation

and production process. v. Provide timely updates to state, to effectively collaborate

media buys with federal and regional buys.

2) Production a. Shall facilitate public-private partnerships and contract with talent, when

required, to produce any media content required for the campaign. b. All final products created under the agreement, will be the sole product of

Cal OES and the California Earthquake Early Warning Program will have the final review and approval of all products.


c. The Contractor will:

i. Identify and secure effective and inclusive content for individuals with access and functional needs.

ii. Budget and negotiate talent contracts, if applicable. iii. Develop effective messaging, scripts and creative. iv. Conduct market research (such as focus groups, and

intercepts) to test the Contractor’s proposed creative ideas if applicable.

v. Provide spokesperson training. vi. Staff messengers, if applicable. vii. Oversee production process. viii. Provide timely updates to the California Earthquake Early

Warning Program.

d. Website following ADA and industry best practices, the Contractor shall design, add and maintain creative content on an interactive website hosted by Cal OES to improve the user experience both at the individual and business levels, including features for real-time feedback when actual early warnings are issued.

e. Cal OES will grant the contractor access to change WordPress based website. The website will continue to be hosted by the State and State template must be utilized.

f. Any concerns raised by Cal OES to the Contractor about the website must be addressed within 24 hours (extending beyond Monday through Friday from 8 am to 5 pm).

3) Document Accessibility and Translation

a. The Contractor shall secure professional and quality translation services to

translate creative materials, including but not limited to messaging, advertisements, and scripts.

b. Have the capacity, direct or indirect, to provide certified and timely translation services.

c. All materials need to be translated into the following languages: i. Arabic ii. Armenian iii. Cantonese iv. Farsi v. Hindi vi. Hmong


vii. Japanese viii. Khamer ix. Korean x. Lao xi. Mandarin xii. Portuguese xiii. Punjabi xiv. Russian xv. Spanish xvi. Tagolog xvii. Thai xviii. Vietnamese

d. Have the capacity, directly or indirectly, to check quality of translations. e. Ensure that all materials are accessible to people with access and

functional needs, including but not limited to the use of alternative text.

4) Collateral Development a. The Contractor shall develop additional campaign collateral assets to

support the California Earthquake Early Warning System outreach efforts. b. Develop innovative solutions to address the unique challenges of

increasing adoption of new technology through diverse populations within the state of California with an enhanced focus on reaching individuals with access and functional needs.

c. Develop customized materials to support the sector specific outreach efforts.

d. Develop, pre-test, produce, place and evaluate creative concepts for and approved by the California Earthquake Early Warning Program.

e. Be responsible for the printing and costs of printing campaign and collateral materials.

f. The Contractor shall develop education and outreach presentations geared to children, the general public, and tailored to people with access and functional needs.

g. The Contractor shall prepare a draft press release announcing the kick-off of the campaign within 30 days after contract execution. The press release (and related media advisories, alerts, and materials) must be forwarded to the Contract Manager for approval at least two weeks prior to the issuance date of the release.


h. The Contractor shall prepare draft press releases, media advisories and alerts and submit to Contract Manager for approval two weeks prior to participating in any advertised events or distributing any information.

i. All final products created under the agreement, will be the sole product of Cal OES and the California Earthquake Early Warning Program will have the final review and approval of all products.

5) Quarterly Written Reports outlining statewide and regional media and

Contractor (including subcontractor) efforts: a. Updated communication plan b. Updated strategic timeline c. Messaging and branding progress d. Creative development process and placement e. Message testing results f. Social and Traditional Media purchasing progress, budget and results

g. Analysis and statistics about the quarter

i. Measure results and provide documentation showing trends based on the increases in both EEW users and user satisfaction

ii. Online click-thru rates iii. Television and radio impressions iv. Social media impressions and clicks

h. Media partners i. Subcontractor activities

6) Strategy Adjustments

a. Contractor must develop a flexible outreach and education strategy that reaches many diverse audiences within the state of California. This strategy need to be adaptable based on the rate/level of adoption as well as innovations in the system and alert distribution technologies.

D. Final Report - Upon completion, the Contractor shall provide Cal OES with a final

report, detailing the campaign results, including the work of all subcontractors. The report shall include: 1) Campaign highlights and wins

2) Measure results and provide documentation showing trends based on the

increases in both EEW users and user satisfaction


3) Summary and timeline of the overall efforts, including:

a. Media buys b. Collateral buys c. Budget summary d. Testing results e. Added value media f. Earned Media

g. Media clips

4) Summary of collaboration efforts with local governments

5) Analysis and statistics

a. Online click-thru rates b. Television and radio impressions c. Social media impressions and clicks

6) Conduct an awareness survey that is representative of the general population

in California by April 30, 2021 and April 30, 2022.

5. ACCEPTANCE OF SERVICES

Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. The approval process is outlined in the Performance Section of this SOW. Acceptance criteria shall consist of the following:

A. The Contractor is responsible for obtaining approval from Cal OES Contract Manager before beginning any services.

B. The Contractor shall meet all time-lines and deliverable due dates as described herein.

C. It shall be Cal OES’ sole determination as to whether services have been

successfully completed and are acceptable.

D. The Contractor costs related to rework of unacceptable work products shall be costs of the Contractor, and shall not be billed to Cal OES.

California Governor’s Office of Emergency Services Contractor Name California EEW Statewide Education and Outreach Campaign Agreement No. 6102-2019 6. UNANTICIPATED TASKS AND WORK AUTHORIZATIONS

A. If it is determined by both parties that unanticipated work is required in order to accomplish the objective of the SOW, the procedures outlined in this Section will be employed.

B. For each item of unanticipated work not specified in the SOW, a Work Authorization (WA) will be prepared in accordance with the sample provided as Work Authorization, Exhibit A-1.

i. Prior to the commencement of work associated with an unanticipated task, a WA must be completed by Cal OES Contract Manager and signed by both parties.

ii. Each WA shall consist of a detailed statement of the purpose, objective, and goals.

iii. Cal OES has the right to require the Contractor to stop or suspend work on

any WA.

iv. If the Contractor determines that they will exceed the authorized estimated work hours for the WA, the Contractor must notify Cal OES Contract Manager by submitting an additional WA for approval of the excess hours. It is at the discretion of Cal OES Contract Manager to either authorize or deny the request for additional hours.

v. It is understood and agreed upon by both parties that all of the terms of this

Agreement shall remain in force with the inclusion of any such WA. A WA shall in no way serve to amend or supersede the provisions outlined in this Agreement.

vi. In the event of unanticipated tasks, the Contractor will be compensated in

accordance with the rates specified in the Cost Worksheet, Exhibit B-1. Additional classifications and applicable rates may be added with Cal OES’ written approval and will be proposed at the time service is requested and approved in the applicable Letter of Authorization/Statement of Work.

California Governor’s Office of Emergency Services Contractor Name California EEW Statewide Education and Outreach Campaign Agreement No. 6102-2019 7. CONTRACTOR RESPONSIBILITIES

A. The Contractor shall provide all equipment and/or software necessary to perform the required duties outlined herein.

B. The Contractor shall designate a primary contact person to whom all project communications may be addressed and who has the authority to act on all aspects of the services.

C. If a Contractor employee is unable to perform due to illness, resignation, or other

factors beyond the Contractor’s control, the Contractor shall provide qualified and suitable substitute personnel.

D. The Contractor shall notify Cal OES, in writing, of any changes to the personnel

assigned to the tasks. The substitute personnel shall meet all requirements and must be approved in advance of any performance under the Agreement by Cal OES via an approved Amendment.

E. Weekly campaign calls with the California Earthquake Early Warning Program, led

by the Contractor's project manager.

i. Frequency can be adjusted during the campaign contract. ii. Call to begin immediately upon contract execution. iii. Reports to be provided on paid ad performance and content performance.

F. Media planning calls, every other week including the California Earthquake Early

Warning Program, and media partners lead by the Contractor project manager.

i. Frequency can be adjusted during the campaign contract. ii. Calls to begin 1st quarter of 2020.

G. Monthly in-person meetings at Cal OES headquarters that can serve in place of

the weekly campaign and media calls once per month.

H. As any point in time during the duration of this agreement, Cal OES can require the Contractor to conduct daily calls to address urgent situations and work hours outside of Monday to Friday from 8 am to 5 pm. If it falls within the scope of work the task will not fall under the provisions of item 7. Unanticipated Tasks and Work Authorizations.


I. The Contractor shall obtain approval to participate in an event or program from

the contract manager at least one month in advance. On a case-by-case basis and in special circumstances the contract manager may approve participation with less notice.

8. CAL OES RESPONSIBILITIES

A. Cal OES shall designate a person to whom all Contractor communication will be addressed, and who has the authority to act on all aspects of the services. This person will review the SOW and associated documents with the Contractor to ensure understanding of the responsibilities of both parties.

B. Cal OES shall provide access to department staff and management, offices and operation areas, as required, to complete the tasks and activities defined under this Agreement.

9. PERFORMANCE

Cal OES will be the sole judge of the acceptability of all work performed and all work products produced by the Contractor as a result of this SOW. Should the work performed or the products produced by the Contractor fail to meet Cal OES’ conditions, requirements, specifications, guidelines, or other applicable standards, the following resolution process will be employed, except as superseded by other binding processes:

A. Cal OES will notify the Contractor of such problems in writing within five (5) business days.

B. The Contractor must respond to Cal OES within (5) business days after initial problem notification. The response shall include a corrective action plan and detailed explanation of how the Contractor plans to mitigate the issue.

i. Failure by the Contractor to respond to Cal OES’ initial problem notification

within the required time limit may result in immediate termination of the Contract. In the event of such termination, Cal OES shall pay all amounts due the Contractor for all work accepted prior to termination.

C. Cal OES will, within five (5) business days after receipt of the Contractor’s corrective action plan, notify the Contractor in writing whether it accepts or rejects the plan.


i. If Cal OES rejects the corrective action plan, the Contractor will submit a

revised plan within three (3) business days. Failure by the Contractor to respond to Cal OES’ notification may result in immediate termination of the Agreement.

D. Upon receipt of the revised corrective action plan, Cal OES will notify the Contractor in writing whether it accepts or rejects the revised plan within three (3) business days.

i. Rejection of the revised corrective action plan will result in immediate termination of the Agreement.

E. In the event of Agreement termination, Cal OES shall pay all amounts due the Contractor for all work accepted prior to termination.

10. PROBLEM ESCALATION

The parties acknowledge and agree that certain technical and project related problems or issues may arise, and that such matters shall be brought to Cal OES’ attention. There may be instances where the severity of the problem(s) justifies escalated reporting. To this extent, the Contractor will determine the level of severity and notify the appropriate Cal OES personnel. Cal OES personnel notified and the time period taken to report the problem or issue shall be at a level commensurate with the severity of the problem or issue. The relevant Cal OES personnel include, but are not limited to, the following:

First level: Ryan Arba, Seismic Hazards Branch Chief (916) 845-8132 [email protected]

Second level: Christina Curry, Acting Chief Deputy Director (916) 845-8506 [email protected]

Third level: Tim Perry, Chief of Staff

(916) 845-8820 [email protected]




California Governor’s Office of Emergency Services Contractor Name California EEW Statewide Education and Outreach Campaign Agreement No. 6102-2019 11. TERMINATION OF AGREEMENT

Cal OES reserves the right to terminate this Agreement subject to 30 days written notice to the Contractor. In the event of such termination, Cal OES shall pay all amounts due the Contractor for all services rendered and accepted prior to termination. Additional conditions for termination include, but are not limited to, the following:

A. This Agreement can be immediately terminated for cause. The term “for cause” shall mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the Agreement. In this instance, the Agreement termination shall be effective as of the date indicated on Cal OES’ notification to the Contractor.

B. This Agreement may be suspended or cancelled without notice, at the option of the Contractor, if the Contractor or Cal OES’ premises or equipment are destroyed by fire or other catastrophe, or so substantially damaged that it is impractical to continue service, or in the event the Contractor is unable to render service as a result of any action by any governmental authority.

C. The Contractor may submit a written request to terminate this Agreement only if

Cal OES should substantially fail to perform its responsibilities as provided herein.

12. SUBCONTRACTING PROVISIONS

A. The Contractor will act as prime contractor under this Agreement. In addition to identifying all personnel proposed to work under this Agreement, the Contractor shall also identify its subcontractor affiliation, as applicable.

B. Cal OES reserves the right to approve all subcontractors prior to the performance of any work by the subcontractor.

C. All subcontractors must meet or exceed the minimum qualifications for the project

team personnel set forth in Section B of RFP# 6102-2019.

D. Nothing contained in this Agreement shall create any contractual relationship between Cal OES and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor is fully responsible to Cal OES for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them.


E. If a subcontractor is a California Certified Small Business and/or Disabled Veteran Business Enterprise, then those amounts paid to certified subcontractors shall be identified on the Contractor’s invoice(s).

F. The Contractor’s obligation to pay its subcontractors is an independent obligation from Cal OES’ obligation to make payments to the Contractor. As a result, Cal OES shall have no obligation to pay or to enforce the payment of any monies to any subcontractor.

13. AUTHORIZED REPRESENTATIVES

The authorized representatives during the term of this Agreement are identified in the tables below. Changes to the Authorized Representatives are allowed without contract amendment via written notice.

For service related inquiries:

The California Governor’s Office of Emergency Services Contractor

NAME:

Contract Manager - Rachel Sierer Wooden, Cal OES Earthquake Program Manager

NAME: TBD

ADDRESS: 3650 Schriever Ave. Mather, CA 95655 ADDRESS:

PHONE: (916) 845-8970 PHONE:

EMAIL: [email protected] EMAIL:



For administrative Agreement inquiries:

The California Governor’s Office of Emergency Services Contractor

NAME: Tim Ash, Contract Analyst NAME: TBD

ADDRESS: 3650 Schriever Avenue Mather, CA 95655 ADDRESS:

PHONE: (916) 845-8119 PHONE:

EMAIL: [email protected] EMAIL:



EXHIBIT A-1 WORK AUTHORIZATIONS

WORK AUTHORIZATION NUMBER PAGE(S)

of TITLE

TASK SUMMARY (Brief description of tasks to be performed under work authorization)

START DATE COMPLETION DATE

TOTAL ESTIMATED LABOR HOURS TOTAL ESTIMATED COST

This task will be performed in accordance with the Work Authorization and the provisions of Agreement No.

APPROVALS

CONTRACTOR PROJECT MANAGER NAME TITLE

SIGNATURE DATE

Cal OES CONTRACT MANAGER NAME TITLE

SIGNATURE

DATE


EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payment for services performed under this Agreement shall be in accordance with the Cost Sheet, Exhibit B-1. It shall be Cal OES’ sole determination as to whether a service has been successfully completed and is acceptable.

2. Invoices shall be submitted in triplicate after services are rendered and shall include the following information:

A. Agreement No. B. Contractor C. Service D. Itemized Cost E. Invoice Date

Invoices shall be due and payable, and payment shall be made, only after Cal OES’ Contract Manager’s acceptance of services.

3. The Contractor will be reimbursed for actual incurred travel expenses based on the per diem rates used for State employees; on receipt and approval of an itemized invoice. Travel reimbursement rates and applicable restrictions are identified on the Employee/Travel Reimbursement section of the California Department of Human Resources website:

http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx. Travel reimbursement rates as identified by Cal HR can vary from year to year. Rates for future years will conform to Cal HR rates for the corresponding contract year.

4. Submit invoices to:

California Governor’s Office of Emergency Services Attention: Accounting Unit

3650 Schriever Ave. Mather, CA 95655

5. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, Cal OES shall have no liability to pay any funds whatsoever to the Contractor

http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx


or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.

6. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, Cal OES shall have the option to either cancel this Agreement with no liability occurring to Cal OES, or offer an amendment to the Contractor to reflect the reduced amount.

7. All payments will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.


EXHIBIT B-1 COST SHEET

The Contractor shall provide all labor, materials, equipment, and every other item of expense, direct or indirect, necessary to complete the services in accordance with the specifications described in the Statement of Work, Exhibit A, at the rates specified below. Cal OES makes no guarantee, expressed or implied, on the actual amount of services/hours that shall be required for this Agreement, and reserves the right to omit portions or quantities of work, as may be deemed necessary. Payment for service performed under this Agreement shall be for actual expenditures incurred. The rates referenced below shall be binding for the term of the Agreement.

Proposers should utilize the entire budgeted amount (identified in Exhibit A. 3.) in their Cost Sheet. For the purpose of the RFP evaluation the proposer with the lowest average Labor Costs will be awarded the maximum cost points. Additionally proposers will be evaluated on the Media Buy percentage compared to the total cost.

Labor Cost

List Position Titles that apply Number of

Hours Rate* Total Public Relations Lead/Accounting Principal Project Manager/Account Project Manager Communication Specialist Digital Specialist Visual Media/Video Specialist Misinformation Specialist Support Staff

Total Labor Cost Media Cost (Except Labor)

Item Percent Total Net Media Buy Media Buy Mark-up (10% max) Media buy percent of total contract (Media buy plus mark-up)


Total Media Cost Direct Cost (Except Labor)**

Item Total

Creative Production (Inclusive costs to produce advertisements and website development) Research - Mid/Post Surveys Collateral & Education Materials Travel*** Other Direct Costs (Itemize)

Total Direct Cost

Grand Total Note:

*Hourly labor rate shall include all labor related indirect costs such as overhead and fringe benefits. **Direct cost to be billed at cost (no mark-up). Receipts are required for reimbursement. ***All travel expenses will be paid at Department of Human Resources (CalHR) rates for travel reimbursements.


EXHIBIT C GENERAL TERMS AND CONDITIONS

The General Terms and Conditions (GTCs) 04/2017 are hereby incorporated by reference and can be accessed by visiting the following links:

Non-IT Services:

https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC601




EXHIBIT D ADDITIONAL PROVISIONS

1. INSURANCE REQUIREMENTS

The Contractor, at its own expense, shall maintain Workers’ Compensation Insurance in compliance with California Labor Code, section 3700, and General Liability Insurance, which must include personal injury coverage throughout the term of this Agreement.

The Contractor shall submit original Certificates of Insurance for both Workers’ Compensation Insurance and General Liability Insurance and must show "occurrence" coverage. If a syndicate is used, the syndicate's name must be included.

In the case of Workers’ Compensation Insurance, a certificate of consent to self-insure issued by the Department of Industrial Relations is also acceptable. Both types of insurance must be issued by an insurer with a minimum Best Classification Rating of B + V, or equivalent as determined and deemed acceptable by the Department of General Services, Office of Risk and Insurance Management.

A. General Liability Insurance

The Contractor must maintain general liability with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. The policy should include coverage for liabilities arising out of premises, operations, independent contractors, products/completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Contractor’s limit of liability. The policy should contain an annual aggregate twice the occurrence limit of $2,000,000. When a contractor operates more than one location, the aggregate limit of liability shall apply on a per location basis for all insured locations, which can be accomplished in one of the following manners:

i. An individual policy for each insured location or; ii. By a singular policy providing aggregate limits of liability per location utilizing

Insurance Services office endorsement CG2504 Designated Location(s) General Aggregate Limit, or equivalent policy amendment. This amendment is to specify a separate Designated Location General Aggregate Limit applicable to each designated location and that limit equal to the amount of the general Aggregate Limit shown in the policy Declarations.


B. Workers’ Compensation

The Contractor shall maintain workers’ compensation coverage in accordance with statutory law. Furthermore, the Contractor will provide employers’ liability coverage in the following minimum amounts:

i. Bodily injury by accident - $1,000,000 each accident. ii. Bodily injury by disease - $1,000,000 per employee. iii. Bodily injury by disease - $1,000,000 policy limit.

The above coverage shall be maintained for all employees who will be engaged in the performance of the Agreement, including special coverage extensions where applicable.

C. Other Required Insurance Provisions

Certificate of Insurance must also contain all of the following provisions:

i. In the event any of the above-described insurance coverage expires during the term of this Agreement, the Contractor agrees to provide to Cal OES at least thirty (30) calendar days prior to said expiration date, a new certificate of insurance evidencing coverage as provided for herein for not less than one (1) year or the remainder of the term of this Agreement, whichever is greater.

ii. Name and address of the insurance company, the policy number, and the beginning and ending dates of the policy.

iii. Statement requiring the Insurer to provide written notice to Cal OES thirty (30) calendar days prior to cancelling the Contractor's policy.

iv. Statement that Cal OES, its officers, agents, servants and employees are included as additional insured on the policy, but only insofar as the services under this Agreement are concerned.

v. Statement that neither Cal OES, nor any of its agents, will be responsible for any premium or assessment on said policies. In the event Contractor fails to keep the insurance coverage as herein prescribed in effect at all times during the term of this Agreement, Cal OES may, in addition to any other remedies it may have, terminate this Agreement effective the last day of insurance coverage.

vi. The Contractor shall submit the certificate of insurance, identifying the Agreement number, to Cal OES at the following address:


California Governor’s Office of Emergency Services Attention: Contracts Unit 3650 Schriever Avenue

Mather, CA 95655

Note: To expedite processing, certificates may be faxed to: (916) 845-8303.

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