2012-2013 Advertising and Communications
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IOWA ONE CALLSM Underground Location Company Administrative Office 9001 Hickman Rd, Ste 220 Des Moines IA 50322 Email: [email protected] www.iowaonecall.com ______
2012-2013 Advertising and Communications Request for Proposals
Re: Request for Proposals on Advertising and Communications Services for Underground Location Company doing business as Iowa One Call
Dear Proposers:
Please find enclosed the following documents: Attachment A: Request for Proposal Description Attachment B: Intent to Respond Form Attachment C: Instructions and Information to Proposers Attachment D: Proposal Form Attachment E: Statement of Proposer’s Qualifications Attachment F: Professional Advertising Services Contract Attachment G: Deviation from Request for Proposal Documents Attachment H: Questions to Proposer Attachment I: Excavator Awareness Pocket Manual
Underground Location Company d/b/a Iowa One Call is seeking proposals from qualified service providers and invites you to review the enclosed documents relating to advertising and communications services for Iowa One Call during the contract term September 1, 2012 through August 31, 2015.
A mandatory pre-bid meeting has been scheduled for March 15, 2012 at 1:00 p.m., local Iowa time, at the West Des Moines Learning Center, located at 3550 Mills Civic Parkway in West Des Moines, Iowa. Attendance at this meeting is a requirement to submit a proposal.
You may submit your proposal, in triplicate, to Underground Location Company c/o/ Craig Walter at the address shown in the Instructions and Information to Proposers on or before, April 11, 2012, 4:00 p.m., local Iowa time.
If you have any questions or concerns in relation to the enclosed, please feel free to contact me at (515) 278-8700.
Sincerely,
Craig D. Walter Administrative Director Enclosures cc w/o enc.: Officers and Directors
1 Attachment A
REQUEST FOR PROPOSAL DESCRIPTION
Please provide pricing on advertising services. The service is to be performed for Underground Location Company doing business as Iowa One Call (Iowa One Call).
Pricing is to be firm based on annual fixed pricing and subject to annual review.
Iowa One Call requires an advertising agency to: develop creative, place media, provide communications counsel and produce materials.
Iowa One Call, the state of Iowa’s non-profit underground facilities damage prevention system, provides notification services related to underground facility damage prevention throughout the state of Iowa and encompasses all areas of the state and communities- commercial, industrial, residential, urban and rural. While some design, production and overall communications strategies are internally directed, the advertising agency will act as an extension of Iowa One Call’s communications, advertising and education strategy – providing creative development, writing, design and production support, and bringing an external, professional view to communications, advertising and education plans.
Expectations This process should provide: - Advertising representation for Iowa One Call’s logos, service marks, excavator safety awareness meetings, community events, public service announcements, materials, dig safely campaigns and other campaigns as assigned. -A Public Service Announcement (PSA) media plan that effectively reaches all Iowa excavators (including the commercial, private, residential homeowner and rural farmstead/landowner segments), particularly during key time periods. - Creative development and implementation, as well as integration of new creative as related to the enhancement of existing programs. -Support of all outreach/communications and marketing needs as well as delivery. -Program fulfillment and collateral warehousing on an as-needed basis. -Selective, integrated earned media/public relations.
Project Overview Iowa One Call is seeking a communications partner who will work with Iowa One Call on the development of a three- to five-year communications/marketing strategy that will strengthen Iowa One Call’s image/identity, deliver dig safely messages to Iowa’s commercial, private, residential and rural excavators, and enhance the satisfaction of persons utilizing Iowa One Call’s notification system and related services through improved relationships.
Background and History Iowa One Call’s campaigns include education; Protect What Really Matters, Call Before You Dig /Dig Safely; and Iowa One Call image with the general public, excavators, and government
2 officials. Traditionally, these have been separate campaigns, but Iowa One Call is looking for ways to cohesively deliver these messages.
Budgets for each program are separate and require separate tracking due management directives. .
Excavator and Community Communications Iowa One Call’s campaigns are managed or reviewed by the Iowa One Call Manager of Public Relations and Communications and Iowa One Call’s advertising committee (comprised of Iowa One Call board members).Campaigns and schedules are coordinated to ensure efficient and consistent messaging. A goal is consistent messaging for Iowa One Call, taking into consideration the dig safe initiatives of two entities that were formed subsequent to the creation of Iowa One Call; the Common Ground Alliance (a national dig safe entity) and Common Ground Iowa (an Iowa association). Duplicity and multiple versions of similar materials is not uncommon in the advertising, educational and dig safe messages.
The goal is to educate Iowans about the fundamentals of digging safely, to call the Iowa One Call notification center for underground facility location information prior to excavating, how excavators can utilize the notification center in an efficient manner ( it’s fast, it’s free, it’s the law) while improving excavator satisfaction with Iowa One Call.
Due to the fast-paced nature of our industry, many projects demand quick turnaround or are revisions or enhancements of previous projects.
Being comprised of many regulated entities, and with a requirement of providing an annual report to the Iowa Utilities Board, communications budgets are conservative and creativity is required in the traditional sense and in production and media planning. Many times, a new program or unplanned campaign will be needed, and that will provide positive impact to the budget. These usually are based on regulatory demands or are related to local issues that need to be addressed quickly.
We strive for high quality, smart communications vehicles that grab attention and support Iowa One Call’s image. We require an agency that will deliver on these goals. Proofing to and knowledge of Associated Press journalistic style standards are a necessity, as is the implementation of Iowa One Call graphic and style standards.
Our communications programs can be divided into three general areas of contract work: -General account work, quick response and resource -Creative, production and design -Media planning and media relations
Creative, Production and Design Our partner must have full knowledge of broadcast, print and electronic media production. Sometimes print production is done in-house, depending upon time and complexity. Our partner also must have excellent creative, design concept, graphic and writing capabilities to generate fresh and refreshed communication, following corporate graphic standards.
3 This is a representation of the type of work that the advertising and marketing partners undertake on Iowa One Call’s behalf.
Creative and Strategic Development Lead strategic development of external campaigns, including: Produce promotional brochures for all programs (may be printed in-house) Produce letterhead, envelopes, etc. for communications (may be printed in-house) Produce television spots Produce radio spots Produce print ads Produce Web banner ads Produce outdoor advertising Manage talent (actors) for all media
Public Service Announcements Broadcast television Cable television Radio Outdoor Print Web banners (note to committee: “print” covers this as well as all print mediums)
Web Site Development and Maintenance Site strategy Site maintenance Research
Educational Outreach
Trade Allies Provide creative for support materials. Assist with the planning and delivery of excavator safety awareness meetings (first quarter each year). Process trade ally supply orders
Research Efforts Focus groups Web-based surveys One-on-one interviews Event Marketing Coordinate special events to garner media attention and to create community awareness. (e.g.: “Gabby the Groundhog” mascot appearances, Arbor Day tree planting event, etc)
Analyze Advertising Opportunities Sent Directly to Iowa One Call Manage contracts or ads with magazines and trade journals outside of normal PSA campaign
Media Relations Draft and coordinate news releases and media alerts with internal resources Distribute press releases, media alerts and provide media follow up contacts Coordinate earned media opportunities 4 Account work Quick responses and short deadlines occur regularly, even though Iowa One Call tries to manage them as much as possible and has processes in place to manage them. It is our responsibility as Iowa One Call’s communications team to be responsive, flexible and accurate with our service.
Iowa One Call’s advertising agency relationship is a partnership and an extension of the company. Projects and workload may shift internally and externally. Our partners will attend project meetings to provide updates and receive information about upcoming company projects.
Agency experience Iowa One Call’s partner must have knowledge related to the utility industry or be able to demonstrate the ability to work within a regulated environment. Understanding our non- marketing communications and educational/informational is critical. Iowa One Call requires that communications continue to evolve – remaining fresh and creative, and ultimately reflecting favorably on the Iowa One Call’s image through increased customer satisfaction.
Earned media/public affairs To maximize budget and build upon messages delivered via Public Service Announcements , the company will at times ask its partner to work with the in-house media relations staff to support and deliver traditional earned media work. This can include writing, story presentation, and at times event support and planning.
Internal communications Iowa One Call’s in-house team will provide and coordinate internal communications, but the chosen partner may at times be expected to support and provide appropriate materials for distribution..
Considerations Iowa One Call has logo and graphic standards that will be maintained. There is no plan to change style standards and current materials.
Iowa One Call manages print production on certain projects and passes the responsibility to the agency on other projects, depending upon size, complexity, budget and timing.
5 Attachment B
INTENT TO RESPOND FORM
Proposal to provide advertising and communications services for Iowa One Call
Please return this form by March 21, 2012 before 4:00 p.m. central standard time:
To: Advertising RFP Iowa One Call [email protected]
Fax: 515-278-0245 Proposer must confirm facsimile has been sent by sending an e-mail response to “Advertising RFP” at: [email protected]
From: Company Name ______Primary Contact: ______Name:______Address: ______Telephone: ______Fax: ______E-mail: ______
We herewith confirm receiving the Iowa One Call RFP and ____ I plan to submit a proposal ____ I do not plan to submit a proposal.
Dated this ____ day of , 20 .
Proposer: By:
Title: Printed:
Address ______
City/State/Zip ______
6 Attachment C
INSTRUCTIONS AND INFORMATION TO PROPOSERS
Proposal to provide advertising and communications services for Iowa One Call
1. PROPOSALS
The purpose of this Request for Proposal (RFP) is to solicit responses from qualified service providers to provide advertising, communications, and related services for Iowa One Call as designated in the RFP. Services will be provided throughout the state of Iowa.
1.1 Intent to Respond Form. Review, complete and return Attachment A to “Advertising RFP” at” [email protected] on or before March 21, 2012 before 4:00 p.m. central standard time acknowledging receipt of this RFP and intent to submit or not submit a proposal.
1.2 One original and two copies of the Proposal and Statement of Proposers Qualifications shall be submitted in a sealed envelope distinctly marked "Proposal" with the title of the Work as shown above and delivered to:
Underground Location Company Attention: Advertising RFP Iowa One Call 9001 Hickman Road, Suite 220 Des Moines, Iowa 50322
1.3 The Proposal shall be signed with the full name and local address of the Proposer; if a co-partnership, by a member of the firm with the name and address of each member; if a corporation, by an officer, in the corporate name, and with the corporate seal if a seal has been procured by said Corporation. Proposal documents shall be treated as confidential and proprietary information and will not be distributed to, nor reproduced to any third party unless required by law.
1.4 Unless otherwise stipulated herein, Underground Location Company reserves the right to accept the proposal that, in its judgment, is the lowest responsive, responsible bid, reserves the right to reject any and all proposals, to accept other than the lowest Proposal, to accept one part of a Proposal and reject the other, to effect a combination of Proposals and to waive any irregularities in any Proposal.
1.5 A Proposer may, without prejudice to itself, withdraw its Proposal before the time set for the opening of the Proposals, provided request is made to Craig Walter, Administrative Director, of Underground Location Company.
1.6 The submission of a Proposal is a representation that the Proposer has become familiar with Iowa One Call Operations, and the local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents.
7 1.7 The Proposer shall submit on the proposal form a fixed price for performance of the work.
2. PREBID PROPOSER INQUIRY
If the Proposer discovers any errors or omissions in the Contract Documents or fails to understand any portion of same during the preparation of its Proposal it shall bring same to Underground Location Company's attention prior to the bid date. All such notices and questions shall be addressed to Craig Walter, Administrative Director, at the address for submission of the Proposal. To ensure consistent communications, all questions and answers will be conveyed to all bidders via email. Upon receipt of this RFP, complete the Intent to Respond form (Attachment A) and email to “Advertising RFP” at: [email protected].
3. DUE DATE AND FORMAT OF DELIVERABLES
The Proposal must be received no later than 4:00 p.m. CDT on or before April 11, 2012 at Underground Location Company, Attention: “Advertising RFP,” Iowa One Call, 9001 Hickman Road, Suite 220, Des Moines, Iowa 50322. Any Proposals received after that time and date will be deemed unresponsive and will not be considered. The Proposal response shall be provided on 8 ½” x 11” US sized paper in addition to sending an electronic copy and attachments via email to “Advertising RFP” at [email protected]
The following formats are allowed: - Texts: Microsoft Word, version 2003 or newer, Times New Roman 12 pt. font. - Spreadsheets: Microsoft Excel, version 2003 or newer. - Graphic Files: Microsoft PowerPoint, version 2003 or newer.
The formatting of the files must allow them to be printed on 8 ½” x 11” paper, with consistent page breaks. In addition, bind each copy of your proposal in 3-ring binders; number pages consecutively within a section using section and page numbering (e.g. Page 3 – 30) and follow the Proposal outline. For each response, identify the RFP item to which you are responding. IMPORTANT: EVEN WITH AN ELECTRONIC RESPONSE, PROPOSERS ARE REQUIRED TO SUBMIT HARD COPY RESPONSE TO Underground Location Company AT THE LOCATION DESIGNATED HEREIN.
4. CONTRACT PRICE
Pricing shall be stated in U.S. Dollars in the Proposal and payment will be made in U.S. Dollars. Pricing shall include as a separate item the costs associated with specific projects or campaigns. Iowa One Call may elect to obtain specific services independent of Proposer.
5. SALES TAXES AND FEES
The price stated in the Proposal shall include all costs and itemize as a separate item all state sales or use taxes, royalties, custom duties, federal taxes, local taxes, license fees and assessments which may be lawfully assessed against Underground Location Company or Contractor. Applicable sales, use or other taxes, fees or assessments for the Work or portions thereof shall be paid by the Contractor to the appropriate authority and listed separately, itemized and easily identifiable on invoices or applications for payment.
8 6. PERFORMANCE BOND
A Performance Bond is not required with this Proposal.
7. REQUIRED CONTRACT DOCUMENTS
This Request for Proposal must be returned with all completed attachments as applicable. A signed Proposal Form (Attachment C). A completed Deviation from Request for Proposal/Contract Documents (Attachment J), if applicable. A copy of a Certificate of Insurance. Statement of Proposer’s Qualifications (Attachment D). Professional Advertising Services Contract (Attachment E).
NOTE: Your Proposal will be considered non-conforming and will not be accepted by Underground Location Company unless all the above listed documents are complete and included with your Proposal.
All costs associated with the preparation of a Proposal shall be borne by the Contractor. Nothing in this RFP is to be construed as obligating Underground Location Company to make an award or pay for information solicited.
8. CODE OF ETHICS
Throughout the bidding process, the Proposer shall not engage in any conduct that could be viewed as improperly influencing Underground Location Company’s decision. The exchange or offering of any money, gift item, personal service or unusual hospitality by any party involved with this RFP to the other is expressly prohibited. This prohibition is equally applicable to party’s officers, directors, employees, agents or immediate family members. Failure to comply with this direction will disqualify a Proposer from consideration.
9. NON-DISCRIMINATION
Neither Underground Location Company nor any Proposer will discriminate in the provisions of services in connection with this RFP on the basis of age, race, color, national origin, religion, sex, disability, being a qualified disabled veteran, being a qualified veteran of the Vietnam era or other campaign badge, or any other category protected by law.
10. SELECTION PROCESS
The Proposal should include all information that is pertinent to its ability to service Underground Location Company notification center requirements. Blank responses will be interpreted as an inability to provide the required service. The factors that will be evaluated include, but are not limited to the following; Price, Coverage, Service Guarantees, Implementation Plan, Training, Process Improvements, Cost Reduction Initiatives, Quality Process, Reporting Capabilities, Regulatory and Statutory Compliance, Safety Practices and Safety Record.
11. SUPPLEMENTAL INFORMATION
9 The following items, attached hereto, are supplemental information to the Proposers to assist with a Proposal:
Information related to Iowa One Call Advertising Campaigns on Proposal Form (Attachment D). Electronic Link to Excavator Awareness Pocket Manual (Attachment H).
10
Attachment D
PROPOSAL FORM Proposal to provide advertising and communications services for Iowa One Call In response to the Invitation for Proposals dated March 1, 2012, received from Underground Location Company to provide advertising, communications and related services in Iowa for Underground Location Company d/b/a Iowa One Call, the undersigned hereby proposes and agrees to undertake and complete the Work described in the Contract Documents commencing September 1, 2012 and completing August 31, 2015 for an annual fixed price.
Cost Range Notes TV PSA
The TV portion of the PSA campaign should launch in early April and run through September. Initial requests to the media for placement should take place prior to the April implementation and periodic contacts with the TV media (follow ups) should occur as necessary to ensure potential placement throughout the campaign timeline.
Prior to implementation, the Advertising Committee shall be presented with rough concepts (thumbnails/story-boards) that clearly depict the strategic and tactical concepts as intended by the agency.
Services will include:
Conceptual (thumbnails/storyboard) Creative/graphic design Production (all areas) Distribution (to media) Media placement with Iowa TV stations (broadcast, cable and satellite ) Media follow up Media tracking when applicable
Tradition Iowa One call TV PSA’s are developed as 30-second spots. Radio PSA
11 The radio portion of the PSA campaign should launch and run in conjunction with the TV PSA. Traditional IOC radio spots are developed as 30-second PSAs.
The agency will work closely with Iowa radio media to insure potential placement, including periodic and necessary follow up contacts.
Prior to implementation, the agency will provide a radio script and samples of the voice actors for approval.
Services will include:
Conceptual (rough scripting) Creative/writing final script Production (all areas) Distribution (to media) Media placement / media follow up Media tracking when applicable Outdoor PSA
The launch of the outdoor portion of the PSA campaign shall coincide with the TV and radio.
Prior to the launch, the agency shall communicate directly with Iowa outdoor companies to determine an estimated number (“pre-order”) of outdoor posters (requested/committed to by each outdoor company).
The agency shall provide rough graphic design concepts to the committee for approval.
Services will include:
Conceptual (rough art) Creative/graphic design Production (all areas) Distribution (to media) Media placement/follow up Tracking when applicable
Print PSA 12 Print PSAs may be used to supplement the TV, Radio and Outdoor campaign. The recommendations of the agency will be taken into consideration (i.e.: if the agency believes certain print strategies to be more effective than the other PSA mediums, the committee will discuss possible alternative PSA media strategies).
Print services should include:
Conceptual (rough art/copy) Creative design and copy Production (all areas) Distribution (to media) PSA Management
Includes the conceptualizations, development and implementation of the PSA campaign, including effective coordination and management of the campaign via strong communications and negotiations with all Iowa media groups.
Media Relations
Communications/outreach to all potential media groups – with follow up contacts – maintaining a current list of Iowa media contacts (email and mailing addresses and other contact information).
Keeping the media current via follow up contacts, media alerts and planning. Coordinating media interviews with the Iowa One call spokesperson,
Public Relations/Press Releases
Develop and produce press releases in conjunction with IOC in-house communications staff and distribute to all Iowa media groups/organizations
Based on established media relations,
13 follow up contacts, media alerts, media advisories, etc., with Iowa media groups/representatives, promote placement of all IOC press releases.
Services will include:
Developing themes/stories/events Promote media interest in IOC news Write/edit multiple press releases Produce and distribute press releases Provide a current Iowa media contact list/mailing list. Distribute electronically
Traditionally, IOC has implemented (6) press releases annually. Agency recommendations will be considered. Iowa State Fair Event Marketing
The Iowa State Fair is an important trade show for Iowa One Call. Currently. IOC purchases space at each state fair (ehibit space in the Varied Industries Bldg.). the exhibit features a custom display, collateral promotional materials and appearances by the “Gabby the Groundhog” mascot
Agency recommendations to enhance current IA state fair activities will be considered. Other Event Marketing Concepts
Develop event marketing opportunities that generate media attention and promote media interest via media relations.
Examples:
Arbor Day “Tree-planting” event.
Mascot partnership events (e.g.: with other industry mascots).
14 Electronic Newsletter (Quarterly)
Editing Formatting Management - coordinate with Email marketing company(s) (e.g.: Constant Contact”). Website Maintenance
Hourly rates Strategic partnerships
Develop ideas and partnership strategies in conjunction with key industry stakeholder groups (Common Ground Iowa, Iowa Utilities Board, Common Ground Alliance, etc.)
Example;
Events, promotions, communications and other marketing outreach efforts in conjunction with common industry stakeholder groups. Social Media
Provide suggestions and recommendations for implementing social media efforts. Plan accordingly (IOC is not currently staffed to handle daily web/social media communications protocols).
IOC is currently utilizing “YouTube” and the IOC website to post media PSA and education materials (Youtube does not require daily or routine maintenance). Tracking (media and electronic clipping services)
The agency will provide suggestions and recommendations for tracking campaign progress. Other strategic proposals…..
Proposer recommendations…
Total Proposed Cost
15 Provide any assumptions associated with the proposed price.
It is understood that this Proposal constitutes a firm offer which cannot be withdrawn for sixty (60) days after the date set for opening of Proposals unless Underground Location Company accepts a Proposal by another party on the same Work prior to the expiration of such sixty (60) day period. When accepted in writing as hereinafter provided this Proposal shall constitute a Contract by the undersigned to perform the Work in accordance with the Contract Documents issued for this Project, all of which are by this reference incorporated in this Proposal. The undersigned hereby certifies that it has examined and is familiar with the Contract Documents covering this Work, has visited the site of the Work, informed itself fully as to all the conditions and circumstances that might affect the Work, and that it has taken all of such into consideration in preparing this Proposal and understands that Underground Location Company will not be responsible for any errors or omissions on the undersigned's part in making up this Proposal. The undersigned further certifies that it can and will commence and complete the Work in accordance with the Time specified for this Project. Work to be performed under this Contract shall commence September 1, 2012 be completed August 31, 2015 in accordance with the Contract Documents. Dated this ____ day of , 20 . Proposer By Title Address Telephone Accepted this day of , 20 Email . Underground Location Company By: Title:
16 Attachment E
STATEMENT OF PROPOSER'S QUALIFICATIONS (To be submitted by each Proposer as required in the Contract Documents)
All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Qualification statements made herein shall reflect the PROPOSER (Individual, partnership or corporation) proposing to enter into contract for the Work and not prior business experience of the PROPOSER. The PROPOSER may submit any additional information it desires.
1. Name of PROPOSER.
2. Permanent main office address, including City, State and Zip Code and telephone number.
3. Provide website address.
4. When organized/year established (include former firm name and year established if applicable).
5. Type of ownership and parent company, if any. If a corporation, state of incorporation.
6. State whether firm is licensed to do business in the state of Iowa.
7. How many years have you been engaged in providing advertising or communications services under your present firm or trade name?
8. Representative list of current clients.
9. Have you ever failed to complete any work awarded to you? If so, where and why?
10. Have you ever defaulted on a contract? If so, where and why?
11. Experience in advertising, communications or promotions similar in scope to this Work.
12. Background and experience of the principal members of your organization. Organization structures, including names, titles and experience of managers and employees, if known, that will provide services to Iowa One Call. The organization structure that will support the services. Number of staff that will be associated with this Work and breakdown of skills competence. Include copies of resumes.
13. Give bank reference including name and phone number of individual who can discuss your line of credit. Upon request, provide audited balance sheets and income statements for the current and previous year.
14. Provide your most current annual report.
17 15. A credit review and financial analysis and/or assessment may be conducted to determine the creditworthiness of the Proposer. Please provide Proposer’s financial statement(s). The most preferable option is the audited version of financial statements prepared in accordance with the standards of generally accepted accounting principles (GAAP) in the U.S. for interim period and/or year-to-date results and for the past two consecutive fiscal years. If available, provide a Dun and Bradstreet number and rating. If no D&B rating available, explain.
16. List any current litigation involving Proposer resulting from previous or current work similar to the proposal within this RFP and Contract Document. Are you in the process of litigation or do you have a claim or notice of potential litigation relating to any client or business related contract? If so, give the dollar amount of claim. Were you the claimant or the defendant? Who are you in litigation with?
17. Are you or any affiliated company performing work that may have the appearance of conflicting with or complimenting the work to be performed for the One Call Center?
19. Escalation procedures and associated contact names, phone and fax numbers.
20. Remit-to address.
21. Purchase Order address.
22. References: Provide references from customers with notification center operations of similar size and scope. Include reference company name, mailing address, email address, and telephone number as well as a contact name, mailing address, email address, and telephone number. Describe how your achievements at referenced sites have enabled your clients to add value to their business.
23. Why should we choose your firm over the other proposers.
24. Account Support/Service: Describe your account team support/service structure and its benefits to Company. Will you provide a single point of contact to manage the Work, ensure consistent customer interface, proper authorization. Explain how you intend to manage Company account to ensure work product and service satisfaction. What is your customer service philosophy?
25. Invoicing and Reporting: Describe the procedure Company will use to report billing discrepancies. How are credits obtained and processed. Explain all billing procedures associated with this Work; timing of billings, payment terms. Describe your invoicing and issue resolution process.
26. The undersigned hereby authorizes and requests any person, or firm or corporation to furnish any information requested by the corporation in verification of the recitals comprising this Statement of Proposer’s Qualifications.
18 The Proposer, being duly sworn, confirms the answers to the foregoing questions and all statements therein relating to the Proposer’s qualifications are true and correct.
______(Name of Proposer)
By: ______
Title: ______
State of: ______) ) ss. County of: ______)
This instrument was acknowledged before me on ______(date) by ______(name of person) as ______(type of authority, e.g., officer, trustee, etc.) of ______(name of party on behalf of whom instrument was executed).
(Notary Public)
19 Attachment F
Underground Location Company
Professional Advertising Services Contract
September 1, 2012 – August 31, 2015
Underground Location Company Doing Business As Iowa One Call PROFESSIONAL ADVERTISING SERVICES CONTRACT
THIS PROFESSIONAL SERVICES CONTRACT is made and entered into______, 20_____, by and between UNDERGROUND LOCATION COMPANY d/b/a IOWA ONE 20 CALL (“Company”), an Iowa corporation, with its principal offices in Des Moines, Iowa, and Davenport, Iowa, and ______(“Agency”), a(n) ______corporation, with its principal office in ______.
WITNESSETH:
WHEREAS, Company requires professional, consulting, marketing communications and advertising services from time to time, and
WHEREAS, Agency is willing to provide such services upon the terms and conditions hereinafter set forth,
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows:
PG 1. CONTRACT DOCUMENTS. The Contract Documents include the Purchase or Work Order, Proposal, Scope/Statement of Work, Professional Services Contract, or other documents applicable to the Services.
The intent of these documents is to include all supervision, labor, equipment, materials (except as specified), of every kind necessary for the proper execution of the Services, and the terms and conditions of payment therefor.
The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all.
PG 2. SERVICES TO BE PERFORMED BY THE AGENCY. The professional Services (“Services”) to be performed by the Agency may include but are not limited to advising, consulting, marketing communications, advertising, special studies, project management, advertising services, and Services for projects of undefined or indefinite scope pursuant to Purchase Orders, Proposals and relevant statements of work. The specific Services to be provided pursuant to this Contract are outlined in the Contract Documents. On a monthly basis the Agency will provide to Company, at no additional charge, a report summarizing the services performed by Agency for Company during the prior month.
PG 3. INDEPENDENT CONTRACTOR. Agency shall undertake the Services provided for in the Contract as an independent contractor, at Agency's sole risk, and shall employ all persons performing Services under the Contract, such persons to be Agency's sole employees and subject to Agency's direction and control and not the employees of Company or subject to Company's direction and control. Agency is to determine the manner and method in which the Services shall be performed by it to attain the results required by the Contract, and Company's general right of supervision of the Services shall not make the Agency or its agents and employees the agents or employees of the Company.
PG 4. EQUIPMENT, MATERIALS, EMPLOYEES. Except as otherwise specifically provided for in the Contract, Agency shall provide and pay for all materials, labor, tools, and other items necessary to complete the Services provided.
21 PG-5. COMPANY'S RESPONSIBILITIES. Agency understands and agrees that Company will be responsible for the following:
1. Approve all procedures established to govern the relationships among Company, Agency and third parties.
2. Make final communications, advertising and marketing decisions utilizing information supplied by Agency.
3. Approve all terms, conditions and budgets for Services to be performed from time to time.
4. Enter into contracts for purchases of any required Third Party Licenses and make payments in accordance with the terms of the contract(s).
Company may assign any responsibility described in this section to Agency by providing written instructions to Agency to act as the Company's agent and assume responsibility on behalf of the Company.
Company approvals and authority are provided for as follows:
The Agency will submit the following to Company for approval: all advertising plans and campaigns; copy, layouts, artwork, storyboards and scripts; media schedules; cost estimates of these various items when required; and other specified projects. The Agency will seek the Company’s authority before ordering production materials, making contracts with suppliers and making reservations or contracts for media space or time and talent.
Company will designate in writing who may sign approvals and authorizations.
The Agency will notify the Company of all space and/or time ordered and amendments thereto.
The Company, for Company’s convenience, shall have the right to request changes or cancellations, or stop any work in progress, provided they are within the Agency’s contractual obligations. Where changes or cancellations are requested on previously approved work, the Company will reimburse the Agency for unrecoverable charges or expenses for services performed through date of termination. The rights and obligations pertaining to ownership of the commercial and other materials arising from this Contract, and the indemnification and liability sections of this Contract shall survive termination.
AGENCY’S RESPONSIBILITIES. Agency understands and agrees that it will be responsible for the following after the Company grants approvals and authorization as described above:
1. Purchase advertising time, space, services and materials within budgets, plans, policies and terms approved by Company.
2. Counsel and act for and on the behalf of Company in the preparation, purchasing, and distribution of advertising, publicity, and other forms of communications, and in the performance of such other assignments as Company may delegate to Agency and Agency may accept.
22 3. Allocate time to thoroughly familiarize Agency personnel with Company's short-term corporate objectives and philosophies; products, services and markets; and corporate and marketing strategies.
4. Recommend research projects if a need is determined, and implement the projects if Company agrees.
5. Develop communications plans and estimates based on Company's objectives and strategies. If possible, Agency will relate these plans to measured objectives to determine effectiveness. Agency will also assist in developing marketing objectives and strategies if desired.
6. Provide all creative, production and media services to develop advertisements, broadcast material, media advertising plans, direct mail, brochures and other projects as required by the plan and as agreed to by the Company. Arrange for photography, printing, display construction, publicity, talent, etc., as needed. Carry through production in all aspects to completion.
7. Provide continuous, as-needed, account service and consultation to ensure prompt completion of projects and arrange for Company’s participation in sales meetings if requested.
8. Provide public relations counsel on corporate or marketing matters as they relate to the product group and maintain ongoing publicity projects in accordance with the Company approved plan.
9. Develop and implement specialized areas of promotion as needed, including but not limited to, internal communications, sales presentations, incentive promotion.
10. Coordinate all projects ensuring adherence to standards, providing budget information, and maintaining good relations with media representatives on Company’s behalf. Agency will bring to Company’s attention any special media opportunities that arise.
11. Maintain internal procedures that ensure budget control, prompt billing and quality control.
12. Provide regular contact reports on all meeting decisions, regular financial and project status reports.
PG 6. NONDISCLOSURE OF PROPRIETARY INFORMATION. Agency shall consider all information provided by Company and all drawings, reports, studies, design calculations, plans, specifications, and other documents resulting from the Agency's performance of the Services to be proprietary unless such information is available from public sources. Agency shall not publish or disclose proprietary information for any purpose other than the performance of the service without the prior written authorization of Company.
Company may provide to Agency, its employees or subcontractors a limited, non-exclusive and non-transferable right to utilize or access Company’s passwords, access codes, computers, computer systems, data, computer networks, or secure web sites and related areas for the purpose of providing specific Services pursuant to this Contract. Under no circumstance will Agency, its 23 employees or subcontractors utilize or access this information or equipment after termination of employment by Agency or termination of Services for the Company. Agency shall instruct and bind Agency employees and subcontractors to these same provisions for the protection of Company. Agency and its agents, employees, or other persons performing Services under this Contract will be required to execute a separate Confidentiality Agreement and Nondisclosure Statement as applicable.
Agency shall not make any written or verbal statement to any press or news media, or other party concerning the Services without the written authorization of Company.
PG 7. OWNERSHIP OF IMAGES, PRINTS, SLIDES, ARTWORK, VOICE RECORDINGS, DOCUMENTS, DISCOVERIES OR OTHER MATERIAL. All images, commercials, films, prints, slides, movies, artwork, voice recordings, reports, summaries, plans, and other documents generated, developed, created or arising out of this Contract (“Property”) shall become the Property of the Company and shall be delivered to Company upon completion of Services. Such works or material shall be deemed as “works made for hire”. It is the intent of this Contract that all copyright and ownership rights in the Property are vested in Company, including but not limited to all extensions or renewals of copyrights, all derivative rights, and all rights to reproduce, publish, perform, broadcast , rebroadcast and display the Property. Original notes, calculations and investigative information, and copies of other documents shall remain in the files of the Agency, but shall be made available and supplied to the Company if requested.
Agency hereby assigns and transfers all right, title and interest associated with Agency’s appearance or performance under this Contract to Company, its agents, successors and assigns, and consents to the use by Company of all audiovisual, photographic, film and/or video graphic images and services pursuant to this Contract. Agency agrees to cooperate and execute any assignment or other document necessary to secure total ownership rights of all Property to Company. It is expressly understood that the graphic production, audio recording, audiovisual, photographic, film and/or modifications thereof, may be reproduced, distributed, sold or leased in whole or in part for advertising, publicity, or other legitimate and reputable purposes without further notice or consideration to Agency. It is understood and agreed that all copyrights, trademarks, and derivative or related ownership rights in the Gabby the Groundhog, Fried Guy/Iowa One Call image, theme and related matters belong to and are vested in the Company. Agency understands and agrees that professional services rendered to the Company utilizing or incorporating the Fried Guy, Gabby the Groundhog, and other Iowa One Call themes or images in any manner or form are exclusive to the Company and shall not be used in any other form or format, or provided to any entity other than Company without the prior written consent of Company. Agency shall not make any public or private appearance in any way connected with Gabby the Groundhog, Fried Guy/Iowa One Call; portray Gabby the Groundhog, Fried Guy, act appear, write, direct or render any other services of any kind in any way connected with commercials, motion pictures, theatrical, musical, night club, radio, television or other productions, shows, performances or entertainment, or engage in similar activity utilizing the Gabby the Groundhog, Fried Guy/Iowa One Call images, themes or related roles without the prior written consent of Company.
Agency shall furnish Company with complete information on any invention or discovery made or conceived by Agency in the course of, in connection with, or under the terms of this Contract. Company shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to and the rights under any application or patent that may result. The judgment of Company on these matters shall be accepted as final 24 and the Agency agrees that he will execute all documents and do all things necessary or proper to carry out the judgment of Company, including compliance with Company's request for conformance to its policies and procedures pertaining to the filing of foreign patent applications.
PG 8. COMPENSATION. The Agency shall be entitled to the compensation stated in the Contract Documents. The Agency shall submit to Company on a monthly basis, a detailed invoice for payment including any necessary documentation for reimbursable expenses. In relation to expenses, the most reasonable and cost effective means of travel and other services shall be used by Agency. Company will only pay actual charges incurred without markup or additional surcharges for travel, living, and related expenses that are reasonably incurred in providing Services under this Contract. Automobile travel will be reimbursed at actual cost of a mid-sized rental vehicle or the Internal Revenue Service’s standard mileage rate, whichever is less. Airline travel will be pre-approved by Company and reimbursed at no greater than economy class fares. Agency shall submit to Company a detailed invoice for payment and any necessary documentation for reimbursable expenses.
The price(s) stated in the Contract Documents shall include all costs and should be itemized as a separate item, all state and local sales or use taxes, royalties, customs duties, federal taxes, license fees and assessments which may be lawfully assessed against the Company or the Agency. Applicable sales, use and other taxes, fees or assessments for the Work or portions thereof shall be paid by the Agency and listed separately, itemized and easily identifiable on the Agency’s invoice. Company shall pay to the Agency the invoiced amount within thirty (30) days from receipt of an approved invoice.
In order to meet requirements of regulatory bodies, it is essential that the total of all payments made under this contract be itemized to permit distribution of costs to be designated accounts and to meet requirements with respect to accounting for property units. Company has the right to withhold payment should the invoice rendered by Agency not contain a reasonable detail of the charges.
PG 9. GUARANTEES AND WARRANTY. The Agency warrants and guarantees it shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances. Agency further guarantees and warrants that such Services shall be governed by the Codes of Advertising Standards and Industry Ethics and other codes of standards set forth by media to ensure that all advertising placed is legal, in good taste, honest and truthful. Agency shall, at no cost to Company, re- perform Services which, in sole judgment of the Company, fail to attain the results required by the Contract Documents. Agency shall at all times during the performance of the Services exercise the highest degree of care possible to protect the property of the Company from damage and to prevent interference with or interruption of Company operations.
The Agency shall enforce strict discipline and good order among the Agency’s employees and other persons carrying out the Contract. The Agency shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The Company shall have the unilateral right to notify the Agency of any person on the Services who is in the Company’s opinion unsatisfactory. The Agency shall immediately remove such persons from the Services and shall not re-employ them on the Services.
PG 10. COMPLIANCE WITH LAWS AND INCIDENT REPORTING. Agency shall comply with all laws including federal, state, local laws, rules, orders, codes, standards and regulations. 25 Agency shall be responsible for procuring permits, certificates, and licenses required for the Services.
Agency shall report within 24 hours any accidents and/or occupational injuries or vehicle accidents that occur to any of Agency’s employees while engaged in projects specific to the Company. Such reporting shall be to the local Company safety and training coordinator.
PG 11. LIABILITY AND INDEMNIFICATION.
Professional Liability. Agency agrees to defend and indemnify Company from and against legal liability for damages arising out of the performance of professional Services for Company where such liability is caused by an error, omission, or negligent act of, or advice or consultation given by, the Agency, its Agents, Employees or any person or organization for whom Agency is legally liable.
Patent or Copyright Infringement. Agency agrees to defend all suits or claims for infringement of any copyright or patent arising out of the Services provided, and shall hold harmless the Company from loss or damage resulting therefrom.
Protection of Property and Persons. Agency agrees to defend, indemnify and hold Company harmless from and against all damages, claims, loss or liability on account of damage to property, bodily injury or death, or personal injury of any person(s) caused by an occurrence arising out of Agency's presence or performance of the Services.
Additionally, any injury or death or property damage sustained on the premises of Company by Agency or by an employee or representative of Agency, or by his subcontractor, or by any employee or representative of his subcontractor, or by any other person whose presence or the presence of whose property on Company's premises is due to Agency's or his subcontractor's invitation, license or procurement shall be deemed conclusively to have arisen out of Agency's performance of the Services, and Agency shall be obligated to defend and indemnify Company against liability, except that the foregoing indemnification provision shall not cover the sole negligence of the Company, its agents, representatives and employees.
PG 12. INSURANCE.
Prior to the start of the Services, and at all times during the term of the Services and this Contract, the Agency shall purchase, at its own expense, and maintain with insurance companies in good standing and acceptable to the Company, such insurance as will protect the Agency from liability and claims for injuries and damages which may arise out of or result from the Agency’s operations under the Contract and for which the Agency may be legally liable, whether such operations are by the Agency or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.
The Company intends that this Contract shall also be one of indemnity, and that such indemnification shall be covered by insurance. For the further protection of the Agency and the Company, but without restricting or waiving any obligations of the Agency herein contained, the Agency shall insure the risks associated with the Services and this Contract with minimum coverages and limits as set forth below:
26 1. Workers’ Compensation Insurance and Occupational Disease Insurance in accordance with statutory requirements of the state and/or Federal Regulations (FELA, USL&H, Jones Act) and Employers’ Liability Insurance with limits of not less than:
Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee covering location of all work places involved in this Contract.
2. The most recently approved ISO Commercial General Liability Insurance policy, or its equivalent, written on an Occurrence Basis, with limits not less than $1,000,000 per occurrence/$2,000,000 general aggregate (on a per location and/or per job basis) Bodily Injury and Property Damage, including the following coverages.
a. Premises and Operations Coverage b. Independent Agency’s Coverage c. Contractual Liability d. Products and Completed Operations Coverage e. Coverage for explosion, collapse, and underground property damage f. Broad Form Property Damage Liability g. Personal Injury Liability, with the contractual exclusion removed h. Sudden and Accidental Pollution Liability, as appropriate
3. Professional Liability insurance covering damages arising out of negligent acts, errors, or omissions committed by Agency in the performance of this Contract, with a liability limit of not less than $1,000,000 each claim. Agency shall maintain this policy for a minimum of two years after completion of the work or shall arrange for a two-year extended discovery (tail) provision if the policy is not renewed. The intent of this policy is to provide coverage for claims arising out of the performance of professional Services under this contract and caused by any error, omission, breach or negligent act for which the Agency is held liable.
4. The most recently approved ISO Business Automobile Liability Insurance policy, or its equivalent, covering owned, hired and non-owned vehicles with limits not less than $1,000,000 each accident Bodily Injury and Property Damage combined, including Sudden and Accidental Pollution Liability, as appropriate.
5. Umbrella Liability Insurance with a minimum limit of $5,000,000 each occurrence/aggregate where applicable to be excess of the coverages and limits required in subsections 1 (employer’s liability only), 2 and 4 above. Agency shall notify Company, if at any time their full umbrella limit is not available during the term of this Contract, and will purchase additional limits, if requested by Company.
The Agency shall, on or prior to the date Services commence, deliver to the Company certificates of insurance evidencing valid coverage in effect as specified in this Contract. All Workers’ Compensation, Commercial General Liability and Umbrella Liability policies shall contain provisions that the insurance companies will have no right of recovery or subrogation against the Company, its parent, divisions, affiliates, subsidiary companies, co-lessees, or co- venturers, agents, directors, officers, employees, servants, and insurers, it being the intention of 27 the parties that the insurance as effected shall protect all parties. The Commercial General Liability policy waiver of subrogation endorsement shall be ISO Form CG 24 04 or its equivalent. All required insurance policies shall provide that the policy is primary and will not contribute with any policy carried by Company.
Underground Location Company, Iowa One Call, its co-lessees, or co-venturers, agents, directors, officers, employees, and servants shall be named as an additional insured in each of Agency’s insurance policies, except statutory Workers’ Compensation and Professional Liability. The Commercial General Liability additional insured endorsement shall be ISO Form CG 20 10 or its equivalent.
Any and all deductibles in the above-described insurance policies or inadequacy of limits shall be assumed by, for the account of and at Agency’s sole risk.
No cancellation or material reductions of coverage in the policies shall become effective except on thirty (30) days’ written notice thereof to the Underground Location Company d/b/a Iowa One Call Company Contract Administrator at the Company’s office. For those insurance coverages whereby Company is required to be named as an additional insured, the Agency shall at any time be requested by the Company prior to or during the term of the Services or this Contract, deliver to the Company certified copies of any and all insurance policies so requested. Further, should a loss arise during the term of the Contract that may give rise to a claim against the Agency, and/or the Company as additional insured, the Agency shall deliver to the Company, or shall cause its insurers or agents to deliver, certified copies of the policies maintained during the term of the Services or this Contract, if so requested by the Company.
Should the Agency or its Subcontractors fail to provide or maintain any of the insurance coverages referred to in this Contract, the Company shall have the right, but no obligation, to provide or maintain such coverage, or coverage affording equivalent protection, at the Agency's expense, either by direct charge or set-off.
Company does not represent that the insurance coverages specified herein, whether in scope of coverage or amounts of coverage, are adequate to protect the obligations of the Agency, and the Agency shall be solely responsible for any deficiencies thereof. Nothing in this Section shall be deemed to limit the Agency's liability under this Contract.
SUBCONTRACTORS INSURANCE
Should the Company permit the Agency to further sublet or subcontract any portion of the Services, the Agency shall, before permitting any of its Subcontractors to perform any Services at the site, require each Subcontractor to carry insurance with terms and limits identical to that specified in this Contract, or provide evidence that such Subcontractors are covered as Named Insureds under the Agency’s insurance coverages as required in this Contract. Prior to the commencement of Services by any Subcontractor, the Agency shall provide to the Company certificates of insurance evidencing that each Subcontractor carries insurance as required by this Contract, or evidencing that such Subcontractors are named insureds under the Agency’s insurance coverages. As with the Agency’s insurance coverage, the Company, its parent, divisions, subsidiary companies, affiliates, co-lessees, or co-venturers, agents, directors, officers, employees and servants shall be named as an additional insured on any Subcontractor insurance required by this section.
28 PERFORMANCE AND PAYMENT BONDS
If requested by the Company, the Agency shall furnish and deliver prior to the commencement of Services, a Performance and Payment Bond satisfactory to the Company in the minimum amount of one-hundred percent (100%) of the Contract Sum to cover the faithful performance of the Contract, all bills, labor, equipment and materials and the payment of all obligations thereunder. Such bonds shall be written by insurance/surety companies acceptable to the Company and having a rating equivalent to A.M. Best of “A-“ or better.
PG 13. TERMINATION OF CONTRACT. Should Agency neglect to perform the Services properly or fail to perform any provision of the Contract, Company, after seven (7) days’ written notice to Agency, may, without prejudice to any other remedy Company may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due Agency or, at Company's option, may notify Agency and immediately terminate the Contract and take possession of all materials and documents and finish the Services by such means as Company sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the Services, such excess shall be paid to Agency, but if such expense exceeds the unpaid balance, Agency shall pay the difference to Company.
Company shall have the right to terminate this Contract for Company's convenience upon written notice to Agency, and Agency shall terminate performance of Services on a schedule acceptable to Company. In the event of termination for Company's convenience, Company shall pay Agency for all Services performed through date of termination.
Termination of this Contract by the Company for any reason whatsoever shall not affect any obligation with respect to Services performed prior to such termination or the indemnity or insurance provisions contained herein.
PG 14. SEVERABILITY AND GOVERNING LAW. Each of the provisions of this Contract shall be enforceable independently of any other provision of this Contract and independent of any other claim or cause of action. In the event of any dispute arising under this Contract, it is agreed between the parties that the law of the State of Iowa will be given the interpretation, validity and effect of this Contract without regard to the place of execution or place of performance thereof.
PG 15. ASSIGNMENT AND BENEFIT. Neither the Contract nor any interest therein nor any claim arising therefrom shall be assigned by Agency to any person, firm or corporation without the written consent of Company. Notwithstanding any other terms or provisions to the contrary, no provision of this Contract shall be construed to limit Company's authority or right to assign all of its authority, rights or obligations under this Contract to any corporation or any other business entity which is the result of or the survivor of a merger, consolidation or other business combination to which Company is a party. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the Company and Agency.
No provision of this Contract shall be construed as limiting Company’s right to permit its parent, divisions, affiliates, subsidiary companies to use or benefit from the Services provided for in this Contract.
PG 16. SUCCESSORS. Company and Agency each binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other party to this Contract and 29 to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, contracts, and obligations of this Contract.
PG 17. FOREIGN CORPORATIONS. If Agency is a corporation organized under the laws of any state other than the State of Iowa, it shall furnish Company with a certified copy of its permit to transact business in Iowa prior to commencing work under the Contract.
PG-18. WAGE AND LABOR LAWS. Agency shall comply with all federal, state, and municipal laws and ordinances and all wage and labor laws and regulations thereunder, and shall indemnify and hold harmless Company from any violation thereof by Agency or any subcontractor, including failure to withhold from wages or salaries of employees under state or federal tax laws, and nonpayment of any contributions or assessments under any unemployment or social security law based on employment in the course of performance of this Contract.
PG-19. EQUAL OPPORTUNITY (FAR 52.222-26).
During the performance of this Contract, the Agency agrees as follows:
1. The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, 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. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the government contracting officer setting forth the provisions of this non discrimination clause.
2. As required by law, the Agency will in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
3. The Agency 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, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Agency’s commitments under Section 202 of Executive Order 11246, as amended, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Agency will comply with all provisions of Executive Order 11246, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Agency will furnish all information and reports required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor, for purposes of investigation to ascertain compliance with such rules, regulations and orders.
30 6. Pursuant to the Vietnam Veterans Readjustment Act of 1972, (41 CFR 60 250), as amended, the Agency will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The Agency agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Agency agrees that all suitable employment openings of the Agency which exist at the time of the execution of this Contract and those which occur during the performance of this Contract, including those not generated by this Contract and including those occurring at an establishment of the Agency other than the one wherein the Contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Agency further agrees to provide such reports to such local office regarding employment openings and hires as may be required. The provisions of 41 CFR 60-250.5(A) are incorporated by reference herein.
7. Pursuant to Section 503 of the Rehabilitation Act of 1973, the Agency will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Agency agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The provisions of 41 CFR 60-741.5(A) are incorporated by reference herein.
8. In the event of the Agency's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further government contracts or sanctioned in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor on Equal Employment Opportunity, or as otherwise provided by law.
9. The Agency will include the provisions of subsections 1 through 9 in every subcontract or Purchase Order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or Purchase Order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Agency may request the United States to enter into such litigation to protect the interest of the United States.
31 CERTIFICATION OF NON SEGREGATED FACILITIES (FAR 52.222-21)
The Agency certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. It certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Agency agrees that a breach of this certification is a violation of the Equal Opportunity Clause. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit direction or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. It further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files.
REVISED REPORTS
If this Contract is in the amount of $50,000 or more and if the Agency has fifty (50) or more employees and if not exempted from the requirements contained in subsections 1 and 2 below by any rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, then the Agency agrees to the provisions contained in both subsections 1 and 2 below.
1. Reporting Requirements. The Agency agrees to file with the appropriate federal agency a complete and accurate report on Standard Form 100 (EEO 1) within thirty (30) days after the acceptance of this Contract (unless such a report has been filed in the last 12 months), and agrees to continue to file such reports annually, on or before March 31. (41 CFR 60- 1.7).
2. Written Affirmative Action Program. The Agency agrees to develop and maintain a current written affirmative action compliance program for each of its establishments in accordance with the regulations of the Secretary of Labor promulgated under Executive Order 11246, as amended. (FAR 22.804-1) (41 CFR 60-1.40).
UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (FAR 52.219-8, 19.708(a))
The Agency shall comply with Executive Order No. 12432, dated July 14, 1983, as amended, if applicable, which promotes Small Business and Disadvantaged Small Business concerns as follows:
1. It is the policy of the United States that small business concerns owned and controlled by socially and economically disadvantaged individuals, as well as service disabled veteran owned small business concerns, veteran owned small business concerns, women owned 32 small business concerns, and HUBzone small business concerns shall have the maximum practicable opportunity to participate in the performance of contracts let by any company that has contracts with any Federal agency.
2. The Agency hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract. The Agency further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Agency's compliance with this clause.
3. As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern:
a. Which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
b. Whose management and daily business operations are controlled by one or more of such individuals.
Additional definitions may be found at FAR 52.219-8.
4. Agencys acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.
5. The Agency, unless it is a small business concern, shall include the clause entitled "Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals" in all subcontracts exceeding the simplified acquisition threshold which offer further subcontracting opportunities.
6. All provisions of this Section shall apply to subcontractors except as noted in Executive Order No. 12432 when subcontracts are less than the simplified acquisition threshold or when the Agency is a small business concern.
7. Where required, the Agency shall submit to Company Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report. (FAR 19.704)
NOTICE TO EMPLOYEES
If the value of the goods/services exceeds $100,000, Agency agrees to comply with the provisions of 29 CFR Part 470 “Obligations of Federal Agencys and Subcontractors; Notice of Employee Rights Concerning Payment of Union Dues or Fees.”
33 PG-20. FEDERAL SECURITY REGISTRY. Agency warrants that Agency, its employees and subcontractors are not on Federal Government’s list of suspected terrorists or suspected terrorist organizations.
PG-21. CRIMINAL BACKGROUND CHECK, IDENTITY VERIFICATION AND RELATED SCREENING.
1. If requested by the Company, the Agency shall conduct, at Agency's cost and expense, criminal background checks for the current and past counties of residence on all employees, agents, Subcontractors or independent contractors and the employees, agents or representatives of Subcontractors or independent contractors, that have cyber or unescorted physical access to Services or Company facilities or North American Electric Reliability Corporation critical infrastructure protection (CIP) assets or protected information. The background checks shall be updated no less frequently than every seven (7) years or for cause. At a minimum, an identity verification (social security number verification for U.S. citizens) and seven-year criminal background check, including felony or misdemeanor convictions involving: (a) violence to persons/property; (b) theft/fraud; (c) drug/alcohol; or (d) traffic/other are required. Employment history, education verification, and professional certifications may also be required by the Company. All background checks will be conducted in accordance with federal, state, provincial, and local laws, and subject to existing collective bargaining unit agreements or other agreements, if any. Agency shall not allow persons who have not met the Company's criteria to perform Services, unless Agency has received assent from Company. Agency shall supply a certification that meets Company's criteria for each Agency employee, agent or representative and for employees, agents or representatives of any Subcontractor or independent Agency employed by Agency. Agency shall ensure that employees, agents, Subcontractors or independent contractors and the employees of Subcontractors or independent contractors sign an appropriate authorization form prior to criminal background checks being conducted, acknowledging the background check is being conducted and authorizing the information obtained to be provided to Company.
Agency shall have and ensure compliance with a substance abuse/drug and alcohol policy that complies with all applicable federal, state and/or local statutes or regulations.
Agency shall ensure DOT compliance, including but not limited to valid drivers license, equipment inspections, hours of service and all appropriate documentation.
Agency warrants that Agency, its employees, agents, Subcontractors or independent contractors and the employees of Subcontractors or independent contractors have met the Company's criteria or received assent from the Company and are in compliance with Agency's substance abuse/drug and alcohol policy.
It is understood and agreed that Company may review Agency's policies, background checks and related documentation upon request, subject to applicable federal, state and/or local statutes or regulations. Company may also request that Agency provide an ongoing and updated list of persons that have been denied authorization to perform Services for Company or denied access to Company facilities.
PG-22. AUDIT. The Agency shall keep such full and detailed documentation as may be necessary for substantiation of all charges incurred or compliance with the Contract 34 requirements. The method for maintaining documentation shall be satisfactory to the Company. The Company, or its designee, shall be afforded access to, and allowed to make copies of, all the Agency’s calculations, records, books, correspondence, instructions, drawings, receipts, vouchers, invoices, agreements, memoranda and similar data that, in the Company’s judgment, relate to this Contract. This documentation will be available at the Agency’s regular place of business during normal working hours or provided to Company in a reasonable alternative manner as may be requested by Company. The Agency shall preserve all such documentation for a period of three (3) years after the final payment, or longer where required by law. These requirements shall also apply to all Subcontractors, Sub-subcontractors and to all companies that are wholly or partially owned by or are affiliated with the Agency. The provisions of this section do not apply to fixed price Contracts; however, they do apply to termination of the Contract, Change Orders or other changes, escalation or amendments to such Contracts.
PG-23. BUSINESS ETHICS. Agency, its employees, agents, representatives and subcontractors shall at all times maintain the highest ethical standards and avoid conflicts of interest in the conduct of Services for the Company.
PG-24. NORTH AMERICAN ELECTRIC RELIABILITY CORPORATION (NERC) CRITICAL INFRASTRUCTURE PROTECTION (CIP) STANDARDS.
Agency, Agency’s employees, agents, subcontractors or independent contractors with authorized cyber or authorized unescorted physical access to Company’s CIP covered assets and/or protected information (“Personnel”), shall comply with
(a) all requirements of NERC CIP standards, including and not limited to,
(b) Company’s Personnel Risk Assessment Program, Training Program, Security Awareness Program and Information Protection Program, incorporated herein by this reference, or Agency’s programs for personnel risk assessment, training, security awareness and information protection If Agency’s programs are provided to Company for review and verification.
In conjunction with NERC CIP standards, the Agency shall ensure NERC CIP compliance and communicate all requirements to Personnel. Agency shall:
(a) conduct personnel risk assessments consisting of an identity verification (at a minimum social security verification for U.S. citizens) and seven (7) year criminal background check and provide written certification as specified in PG-21;
(b) fully inform and train Personnel on requirements of CIP standards prior to accessing CIP covered assets and/or protected information and shall quarterly reinforce security awareness. If Agency feels any of Company’s training or security awareness materials are inappropriate or desires to use Agency’s training or security awareness materials, Agency shall notify Company, and provide Agency’s training and/or security awareness documents and any improved practice to Company for review and verification;
(c) furnish Company a list that shows by name of Personnel the completion date of each training course and what materials were utilized;
35 (d) furnish Company a list describing the security awareness materials used and dates and how the security materials were distributed;
(e) provide Company with a list of Personnel authorized to handle Company’s protected CIP information that shows Personnel’s information sensitivity classification clearance level and assure Personnel adhere to protected information handling procedures;
(f) report Personnel terminations for cause immediately to Company but not longer than twelve (12) hours from time of termination and report all other Personnel terminations or changes in employment status for those who no longer require access within twelve (12) hours from time of occurrence; and
(g) keep accurate and detailed documentation to confirm compliance with requirements of NERC CIP standards as specified in PG-22.
Agency and its Personnel shall be required to execute a separate Confidentiality Agreement and Non-Disclosure Statement. Agency shall designate one person to be responsible for compliance with the Contract requirements. Reporting relating to this section shall be to the Company’s designated representative. In case of conflict or inconsistency between the Company’s programs and requirements of NERC CIP standards, the NERC CIP requirements shall govern.
PG-25. ENTIRE CONTRACT. The provisions contained in this Contract constitute the entire agreement between the Agency and the Company. It is understood and agreed between the parties that during the term this Contract is in effect Company is not bound by any representation, statements, terms, understandings or agreements that are not specifically set forth within this Contract. This Contract shall be effective and binding when executed by a duly authorized representative of both parties.
PG-26. SURVIVAL. Termination of this Contract by either party for any reason whatsoever shall not affect any obligation of the Parties with respect to services or maintenance performed prior to such termination or the indemnity, confidentiality or insurance provisions contained herein.
PG-27. TERM. The term of this Contract shall be from September 1, 2012 through August 31, 2015, unless terminated in accordance with other provisions of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.
UNDERGROUND LOCATION COMPANY AGENCY
By: By:
Name Printed:
Title:
Name Printed:
Title: 36 Attachment G
DEVIATION FROM REQUEST FOR PROPOSAL AND CONTRACT DOCUMENTS
Proposal to provide Advertising , Communications and related Services Underground Location Company
Address specific issues with all Contract Documents in this Attachment. This is a very important part of the evaluation process and must be thoroughly addressed in your response. Any requested deviation from Underground Location Company’s base document will be considered a concession by the Corporation and will be reflected in the final evaluation. A Proposer who signs the base agreements that are included in this Proposal will be given an advantage by submitting a conforming bid.
Any requested changes should site the document or attachment title, section or paragraph number, existing as well as proposed wording.
Document: STATE ATTACHMENT #
Section: STATE SECTION #
Existing Wording: COPY AS STATED ABOVE
Proposed Wording: PROPOSE NEW WORDING
37 Attachment H
Iowa One Call Questions to Proposer:
1. Describe your approach to developing media plans, giving consideration to urban and rural areas, and commercial and casual excavators. i. How well do you understand the commonalities and differences between the various types of excavators served by the Iowa One Call notification center? Discuss your understanding of the variances.
2. The Iowa One Call notification center maintains a data base of underground facility information for utility companies and other that own and operate underground facilities. Describe your experience on utility (or related) accounts. (If no utility experience but “related” – how is it related/relevant)? i.Do you have experience working with the utility industry? If so, provide examples and references ii.Do you have experience developing campaigns targeted at encouraging persons to utilize a specific service, particularly as required by law? iii.How have you used Internet capabilities in your media campaigns?
3. Provide relevant samples of work (production, media and earned).
4. Describe your typical creative process. i. What levels of your organization are involved?
5. Proofing and knowledge of AP style standards are a necessity, as well as implementing corporate graphic and style standards. i. Discuss how these considerations would be incorporated into your process. ii. Who is involved in this process? iii. Does it vary from project to project? If so, how and why?
6.Iowa One Call expects the selected agency to be flexible and to effectively manage timelines and expectations. In order to be responsive, provide results and be financially efficient, how would your account team: i. Be set up for day-to-day activities? ii. Be set up for creative/image campaign development? iii. Manage quick turnarounds?
7. One primary agency will be selected for Iowa One Call’s communications needs. Campaign creative development and production Media planning and buying Day-to-day account work, quick turns, resource Public relations
Which segments are your greatest strengths and why?
8. Describe your most highly integrated customer communications execution – e.g. multiple media, direct mail, electronic/digital outreach, etc.
38 9. Describe your abilities to provide fulfillment services, such as inventory management, shipment of materials to requesting parties, and direct mail of Iowa One Call program materials to customers and trade allies.
10.Provide three credit references from trade creditors related to buying media time and at least one bank reference.
11. Describe your proposed method for creating and updating documents, such as program brochures. How will your agency work with Iowa One Call to make this an efficient and accurate process?
12. We are interested in producing a public relations campaign aimed at promoting a positive image of Iowa One Call. i. Would this be handled in-house or contracted to an external provider? ii. Provide examples of feature placements in support of a successful brand positioning campaign.
13. The selected agency needs to demonstrate success in executing internal launches and sustained communications strategy. i. Describe your proposed approach for a successful internal launch. ii. Provide an example of a successful internal launch you previously facilitated.
14. Given the information Iowa One Call provided and the industry, how would you approach our business, and what modifications to your typical process would have to be made?
15. Describe your process for integrating materials you did not create with materials you did.
16. What do you feel uniquely qualifies your agency to execute this work?
17. Discuss the intangibles that make your agency the right match for this partnership.
39 Attachment I
Iowa One Call Professional Excavators Manual
Please refer to the following LINK: http://www.iowaonecall.com/contractors/professional-excavators-manual
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