Tulsa Marketing Partnership RFP V3 02 27 2013

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 CITY OF TULSA FINANCE DEPARTMENT REQUEST FOR PROPOSAL 12-636A  PROFESSIONAL CONSULTING SERVICES FOR  Marketing Partnership Opportunities NIGP CODE 918-76 Submit proposals to: Deputy City Clerk City of Tulsa 175 E. 2  ND St. Suite 260 Tulsa, OK 74103

Transcript of Tulsa Marketing Partnership RFP V3 02 27 2013

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 About Tulsa

 Tulsa is the second largest city in Oklahoma with a 2010-estimatedmunicipal population of 391,906 and 168,669 occupied households. Tulsahas developed a widely diversified business base which includes

nationally prominent companies in aerospace, telecommunications,manufacturing, construction, high technology, healthcare, education,transportation and energy.

 Tulsa’s municipal government is a Mayor-Council system. In this form of government, the Mayor serves as the chief executive and administrativeofficer of the City. Among other powers and duties, the Mayor mayestablish standards of administration and coordinate all administrativeservices and manage the overall organization of the City (City Charter,Article III, Sections 1.4 and 1.6).

Mayor Dewey Bartlett has been in office since December 2009. Allcouncilors currently serve in staggered three-year terms. In November2011, Tulsan's voted to change the charter so councilors would serve two-year terms in non-partisan elections. The City employs approximately3,922 full-time equivalent positions.

I. STATEMENT OF PURPOSE:

 The City of Tulsa (“City”) is requesting Proposals from qualified vendors toassist the City developing marketing partnerships with outside entities.

 This includes, but may not be limited to, sponsorships, advertising,marketing, and/or naming rights.

 The City will consider partnerships between vendors to provide the fullrange of required services. The City reserves the right to split the workcontemplated in this RFP among multiple vendors, to award only part of the services specified in this document, to use additional vendors, or toreject all proposals.

We enthusiastically look forward to receiving your proposal.

II. INSTRUCTIONS FOR SUBMITTING A PROPOSAL: 

 A. General Requirements

1.  The proposal must be received by 5:00 p.m. on June 26,2013, Central Daylight Time. Please place proposals inan envelope or box clearly labeled RFP 12-636A for Marketing Partnership Opportunities. 

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2. Proposals should be sent to:

Deputy City ClerkCity of Tulsa

175 E. 2nd St.Suite 260 Tulsa, OK 74103

3. All interested Respondents are required to register with theBuyer, David Richardson, in order to receive updates, addendaor any additional information required. The City is notresponsible for any failure to register.

4. Inquiries to the Buyer requesting clarification regarding theRequest for Proposal or the content therein must be made via e-

mail and must be received prior to 5:00 p.m. on, June 17,2013, Central Daylight Time.

David Richardson, Buyer [email protected]: 918-597-5574FAX: 918-699-3022 

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5. Any questions regarding this RFP will be handled as promptlyand as directly as possible. If a question requires onlyclarification of instructions or specifications, it will be handledverbally. If any question results in a change or addition to theRFP, the changes or additions will be forwarded to all registeredRespondents as quickly as possible by addendum, though no

later than seven calendar days prior to the proposal due date.

6. Respondents shall designate a contact person, with appropriatecontact information, to address any questions concerning aproposal. The Respondents shall also state the name and titleof individuals who will make final decisions regardingcontractual commitments and have legal authority to executethe contract on the Respondent's behalf.

B. General Notifications

1.  The City of Tulsa notifies all possible respondents that noperson shall be excluded from participation in, denied anybenefits of, or otherwise discriminated against in connectionwith the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physicaldisability, sex, age, ethnicity, or on any other basis prohibited bylaw. 

2. All respondents shall comply with the terms of Title 5 of TulsaRevised Ordinances relating to minority, female, disadvantagedand BRIDGE program business utilization and equal

employment opportunity.

3. All respondents shall comply with the Americans with Disabilities Act (ADA) and all proposals and a subsequentcontract, if any, shall include the following statement: 

“The Respondent shall take the necessary actionsto ensure its facilities are in compliance with therequirements of the Americans with Disabilities Act.It is understood that the program of the Respondentis not a program or activity of the City of Tulsa. The

Respondent agrees that its program or activity willcomply with the requirements of the ADA. Any costsof such compliance will be the responsibility of theRespondent. Under no circumstances will theRespondent conduct any activity which it deems tonot be in compliance with the ADA.”

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4.  The City of Tulsa also notifies all Respondents that the City hasthe right to modify the proposal and final selection of workproduct requirements as needed.

5. Although it is the City’s intent to choose only the most qualifiedRespondents to interview, the City reserves the right to choose

any number of qualified finalists for interview and/or finalselection.

6.  This Request for Proposal does not commit the City of Tulsa topay any costs incurred in the submission of a proposal or thecosts incurred in making necessary studies and designs forpreparation thereof, or contract for service or supplies.

III. SCOPE OF WORK 

The Consul tant shall

Conduct interviews with all identified stakeholders;

Assist the City in developing a marketing partnership policy that preservesthe integrity of the City’s assets and brand and meets all applicable lawsand regulations;

Perform research and/or offer best practices for municipal marketingpartnerships;

Review, identify, and prioritize assets that may be subject to sponsorships,

advertising, marketing, and/or naming rights;

o The City is presently considering an initiative that would reservecertain sponsorship, promotion, and branding rights for theConvention Center. This agreement would not preclude otherpersons or entities to sponsor portions of the Center, however anysingle person or entity could not sponsor more than one discreteportion of the Center and such sponsorship would be subordinate tothe Title Sponsorship. Additionally, no single person or entity wouldbe allowed to sponsor the Grand Ballroom portion of the Center or todisplay exterior signage.

Upon approval of recommendations, develop a strategic plan, timeline,and revenue estimates for the implementation of identified opportunities;

Explore collaboration opportunities with other governmental entities, non-profit agencies, and/or corporate partners;

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Prepare, solicit, and assist with the evaluation of marketing partnershipprocurements (through Request for Proposals, Request for Information,Request for Qualifications, Competitive Sealed Proposals, etc.);

Negotiate contracts on behalf of the City (with the assistance of CityLegal); and

Prepare and deliver reports for the City as requested.

IV. TIME FRAME FOR REVIEW:

 The initial recommendations shall be provided to the City within three (3) monthsof contract finalization. If a more appropriate timeline is needed, please includethis in your response.

V. DELIVERABLES:

 The products, reports, and plans to be delivered to the City shall include:

1. Executive Summary2. Marketing Partnership Policy3. List of Prioritized Assets4. Strategic Plan, Timeline, and Revenue Estimates5. Applicable Purchasing Documentation to Solicit Partnerships6. Comprehensive Final Report and Presentation

VI. FIRM AND PROPOSAL REQUIREMENTS 

 To be considered, interested firms should submit or address the following:

 A. One (1) unbound original and five (5) bound copies of the proposalplus one (1) copy on electronic media (CD, DVD, flash drive).

B. A description of the firm’s qualifications and experience and that of key personnel assigned to this project (including any additional firmsor sub-contractors recommended as part of the team). Additionally, if sub-contractors are to be utilized, a statement should be included asto how the Respondent will ensure the quality and integrity of thesub-contractor’s work. It is noted that equipment, material and staff 

shall be provided by the Respondent.

C. A description of the firm’s vision for the project and a justification asto why it is best suited to provide the report. This should include anyobstacles or impediments that the firm has encountered in similarprojects and a description of how they were addressed.

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D.  Two (2) deliverables from a previous project that your firm (and thoseof each firm proposed as part of the team) has conducted for anorganization of similar size and complexity on a comparableengagement to that contemplated by this RFP. Include reference tothose recommendations that were implemented and theappropriateness of the revenue estimates. Provide contact names

and telephone numbers of no less than three references for whomsimilar projects have been conducted.

E. Provide a project schedule, identifying beginning and ending dates of work, as well as critical path milestone dates.

F. Include the completed Price Sheet Summary attached to this RFPand/or describe your method of compensation. A firm that proposesa commission basis, or some other similar arrangement, will receiveparticular consideration.

G.  To ensure that this project be completed in a timely manner, the Cityrequires that the selected Respondent perform steps concurrently toexpedite results and recommendations, as feasible.

H. At the discretion of the City, one or more Respondents may beinvited to be interviewed for purposes of clarification or discussion of the proposal.

I. Any expenses incurred by the Respondent(s) in appearing for aninterview or in any way in providing additional information as part of 

the response to this Request for Proposals are solely theresponsibility of the Respondent. The City of Tulsa is not liable forany costs incurred by Respondents in the preparation of proposals orany work performed by the Respondent prior to the approval of anexecuted contract by the City of Tulsa.

VII. EVALUATION OF PROPOSALS:

A panel consisting of not less than three City of Tulsa employees will evaluateproposals. Selection shall be determined to be in the best interest of the City asevaluated by the City of Tulsa. The approval of the selected firm will be subject to

the final determination of the City and will be contingent on the successfulcompletion of a contract between the City and the successful Respondent.

VIII. AWARD OF BID:

 The City shall evaluate proposals based on those criteria identified in the City’sPurchasing Ordinance, TRO Title 6, Chapter 4.

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 The City shall evaluate responses to this RFP based on the following:

1. Qualifications (35%): Specialized experienced and technicalcompetence of the firm with respect to the types of service

required; capacity and capability of the firm; record of pastperformance with the City and other jurisdictions (please providereferences); and qualifications and experience of the principals of the firm.

2. Operational/Technical Approach (35%): Quality and thoroughnessof proposed work plan in meeting the required Scope of Work.

3. Proposed project cost and/or proposed method of compensation.A firm that proposes a commission basis, or some other similararrangement, will receive particular consideration. (30%).

IX. MISCELLANEOUS

 A.  Your response to this RFP and any subsequent correspondencerelated to this proposal process will be considered part of thecontract, if one is awarded to you.

B. All data included in this RFP, as well as any attachments, areproprietary to the City of Tulsa.

C.  The use of the City of Tulsa’s name in any way as a potentialcustomer is strictly prohibited except as authorized in writing by theCity of Tulsa.

D.  Your proposal must clearly indicate the name of the respondingorganization, including the firm’s e-mail address and web siteinformation, if applicable, as well as the name, address, telephonenumber and e-mail address of the organization’s primary contact for

this proposal. Your proposal must include the name, address,telephone number and e-mail address of the consultant and/or teamof consultants assigned to the City account, as well as the name of the consultant assigned to be the proposed project lead.

E.  The City assumes no responsibility or liability for any costs you mayincur in responding to this RFP, including attending meetings orcontract negotiations.

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 F.  The City is bound to comply with Oklahoma's Open Records Act, and

information submitted with your proposal is a matter of public recordunless a specific exception in the Act applies. For specifics, see theprovisions of the City of Tulsa Open Records Policy, available via thefollowing link:

www.cityoftulsa.org/OurCity/documents/OpenRecordsActPolicy.pdf  

Further, your company will be bound to comply with the provisionsset forth in this RFP unless any and all deviations are explicitly statedin your proposal. The City shall not infringe upon any intellectualproperty right of any vendor, but specifically reserves the right to useany concept or methods contained in the proposal. Any desiredrestrictions on the use of information contained in the proposalshould be clearly stated. The City shall not be under any obligationto return any materials submitted in response to this RFP.

G.  The City expects to enter into a written Agreement (the “Agreement”)with the chosen vendor that shall incorporate this RFP and yourproposal. In addition to any terms and conditions included in thisRFP, the City may include in the Agreement other terms andconditions as deemed necessary.

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BIDDER INFORMATION SHEET

Bidder’s Exact Legal Name:(Must be Bidder’s company name as reflected on its organizational documents, filed with the state in which bidder is

organized; not simply a DBA)

State of Organization: _____________________________________________________________________________ 

Bidder’s Type of Legal Entity: (check one)( ) Sole Proprietorship ( ) Limited Liability Company( ) Partnership ( ) Limited Liability Partnership( ) Corporation( ) Limited Partnership ( ) Other:

Bidder’s Address:Street City State Zip Code

Bidder’s Website Address:  Email Address: 

Sales Contact:  Legal or Al ternate SalesContact: 

Name: Name:

Street: Street:

City: City:

State: State:

Phone: Phone:

Fax: Fax:

Email: Email:

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INTEREST AFFIDAVIT

STATE OF )

)ss.

COUNTY OF )

I, _____________________________________, of lawful age, being first duly sworn, state that I am the

agent authorized by Seller to submit the attached Proposal. Affiant further states that no officer or 

employee of the City of Tulsa either directly or indirectly owns a five percent (5%) interest or more in the

Bidder's business or such a percentage that constitutes a controlling interest. Affiant further states that the

following officers and/or employees of the City of Tulsa own an interest in the Bidder’s business which is

less than a controlling interest, either direct or indirect.

 ____________________________________________________________________________________ 

 ___________________________________________________________________________ 

 ____________________________________________________________________________________ 

By:

Signature

 Title:

Subscribed and sworn to before me this ________day of ______________, 20____.

 Notary Public

My Commission Expires:

 Notary Commission Number:

County & State Where Notarized:

The Affidavit must be signed by an authorized agent and

notarized 

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NON-COLLUSION AFFIDAVIT

(Required by Oklahoma law, 74 O.S. §85.22-85.25)

STATE OF )

)ss.

COUNTY OF )

I, , of lawful age, being first duly

sworn, state that:

(Seller’s Authorized Agent)

1.  I am the authorized agent of Seller herein for the purposes of certifying facts

 pertaining to the existence of collusion between and among Bidders and 

municipal officials or employees, as well as facts pertaining to the giving or 

offering of things of value to government personnel in return for special

consideration in the letting of any contract pursuant to the bid to which this

statement is attached.

2.  I am fully aware of the facts and circumstances surrounding the making of 

Seller’s Bid to which this statement is attached, and I have been personally and 

directly involved in the proceedings leading to the submission of such bid; and 

3. Neither the Seller nor anyone subject to the Seller’s direction or control has been

a party:

a. to any collusion among Bidders in restraint of freedom of competition by

agreement to bid at a fixed price or to refrain from bidding,

 b. to any collusion with any municipal official or employee as to quantity,

quality, or price in the prospective contract, or as to any other terms of 

such prospective contract, nor 

c. in any discussions between Bidders and any municipal officialconcerning exchange of money or other thing of value for special

consideration in the letting of a contract.

By:

Signature

Title:

Subscribed and sworn to before me this ________day of ______________, 20____.

 Notary Public

My Commission Expires:

 Notary Commission Number:

The Affidavit must be signed by an authorized agent and

notarized 

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 AFFIDAVIT OF CLAIMANT

STATE OF )

)ss.COUNTY OF )

The undersigned person, of lawful age, being first duly sworn on oath, says that all invoices to be submitted  pursuant to this agreement with the City of Tulsa will be true and correct. Affiant further states that the

work, services or material furnished will be completed or supplied in accordance with the plans,

specifications, orders, requests or contract furnished or executed by the affiant. Affiant further states that

(s)he has made no payment directly or indirectly to any elected official, officer or employee of the City of 

Tulsa or of any public trust where the City of Tulsa is a beneficiary, of money or any other thing of value toobtain payment of the invoice or procure the contract or purchase order pursuant to which an invoice is

submitted . Affiant further certifies that (s)he has complied with all applicable laws regarding equal

employment opportunity.

Company: _____________________________________________________________ 

TIN:

Remit toAddress: _________________________ 

City, State

Zip: ____________________________ 

Phone: _________________________ 

 Name (print): ________________________ 

Signature: _______________________ 

Title:

Subscribed and sworn to before me this day of , 20 .

 ___________________________  Notary Public

My commission expires: _______________ My commission number: _______________ 

The Affidavit must be signed by an authorized agent and

notarized 

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COST PROPOSAL

If proposing a fixed fee, please present a not to exceed cost for the scope of 

work and deliverables described herein.

Marketing Partnership Opportunities: $ ____________ 

If proposing a commission basis, or some other similar arrangement, pleaseprovide your proposed professional fee structure here. A firm that recommendsthis type of arrangement will receive particular consideration.

Bidder Name: _________________________________________________

Date: ______________________

Signature: ____________________________________________________ 

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City of Tulsa General Contract Terms

It is anticipated that the City of Tulsa will enter into a contract with the selected vendorfor an initial term ending one (1) year from the date of its execution by the City’s Mayor,with one (1) one-year renewal available at the option of the City. All contracts entered

into by the City of Tulsa shall include, but not be limited to, the following general terms:

1. Renewals. Contractor understands and acknowledges that any future contracts orrenewals are neither automatic nor implied by this Agreement. The continuingpurchase by City of the Services set forth in this Agreement is subject to City’sneeds and to City’s annual appropriation of sufficient funds in City’s fiscal year(July 1st to J une 30th) in which such Services are purchased. In the event Citydoes not appropriate or budget sufficient funds to perform this Agreement, thisAgreement shall be null and void without further action by City.

2. No Indemnification or Arbitration by City. Contractor understands andacknowledges that City is a municipal corporation that is funded by its taxpayers to

operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law,City shall not indemnify nor hold Contractor harmless for loss, damage, expense orliability arising from or related to this Agreement, including any attorneys’ fees andcosts. In addition, Contractor shall not limit its liability to City for actual loss ordirect damages for any claim based on a breach of this Agreement and thedocuments incorporated herein. City reserves the right to pursue all legal andequitable remedies to which it may be entitled. City will not agree to bindingarbitration of any disputes. 

3. Intellectual Property Indemnification by Contractor. Contractor agrees toindemnify, defend, and save harmless City and its officers, employees and agentsfrom all suits and actions of every nature brought against them due to the use of 

patented, trademarked or copyright-protected appliances, products, materials orprocesses provided by Contractor hereunder. Contractor shall pay all royalties andcharges incident to such patents, trademarks or copyrights.

4. General Liability. Contractor shall hold City harmless from any loss, damage orclaims arising from or related to the performance of the Agreement herein.Contractor must exercise all reasonable and customary precaution to prevent anyharm or loss to all persons and property related to this Agreement.

5. Liens. Pursuant to City’s Charter (Art. XII, §5), no lien of any kind shall existagainst any property of City. Contractor agrees to indemnify and hold the Cityharmless from all claims, demands, causes of action or suits of whatever nature

arising out of the services, labor, and material furnished by Contractor orContractor’s subcontractors under the scope of this Agreement.

6. No Confidentiality. Contractor understands and acknowledges that City is subjectto the Oklahoma Open Records Act (51 O.S. §24A.1 et seq.) and therefore cannotassure the confidentiality of contract terms or other information provided byContractor pursuant to this Agreement that would be inconsistent with City’scompliance with its statutory requirements there under. 

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7. Compliance with Laws. Contractor shall be responsible for complying with allapplicable federal, state and local laws. Contractor is responsible for any costs of such compliance. Contractor shall take the necessary actions to ensure itsoperations in performance of this contract and employment practices are incompliance with the requirements of the Americans with Disabilities Act. Contractorcertifies that it and all of its subcontractors to be used in the performance of this

agreement are in compliance with 25 O.S. Sec. 1313 and participate in the StatusVerification System. The Status Verification System is defined in 25 O.S. Sec.1313 and includes, but is not limited to, the free Employee Verification Program (E-Verify) available at www.dhs.gov/E-Verify.

8. Right to Audit.  The parties agree that books, records, documents, accountingprocedures, practices, price lists or any other items related to the Servicesprovided hereunder are subject to inspection, examination, and copying by City orits designees. Contractor shall retain all records related to this Agreement for theduration of the contract term and a period of three years following completionand/or termination of the contract. If an audit, litigation or other action involvingsuch records begins before the end of the three year period, the records shall bemaintained for three years from the date that all issues arising out of the action areresolved or until the end of the three year retention period, whichever is later.

9. Governing Law and Venue.  This Agreement is executed in and shall begoverned by and construed in accordance with the laws of the State of Oklahomawithout regard to its choice of law principles, which shall be the forum for anylawsuits arising under this Agreement or incident thereto. The parties stipulate thatvenue is proper in a court of competent jurisdiction in Tulsa County, Oklahoma andeach party waives any objection to such venue.

10. No Waiver. A waiver of any breach of any provision of this Agreement shall notconstitute or operate as a waiver of any other provision, nor shall any failure toenforce any provision hereof operate as a waiver of the enforcement of suchprovision or any other provision.

11. Entire Agreement/No Assignment.  This Agreement and any documentsincorporated herein constitute the entire agreement of the parties and supersedeany and all prior agreements, oral or otherwise, relating to the subject matter of thisAgreement. This Agreement may only be modified or amended in writing andsigned by both parties. Notwithstanding anything to the contrary herein, the Citydoes not agree to the terms of any future agreements, revisions or modificationsthat may be required under this Agreement unless such terms, revisions ormodifications have been reduced to writing and signed by both parties. Contractormay not assign this Agreement or use subcontractors to provide the Goods and/orServices without City’s prior written consent. Contractor shall not be entitled to anyclaim for extras of any kind or nature.

12. Minority, Female, and Disadvantaged Business Enterprises and EqualEmployment Opportunity. Contractor shall comply with the terms of Title 5 of 

 Tulsa Revised Ordinances relating to minority, female, disadvantaged andBRIDGE program business enterprise utilization and equal employmentopportunity.

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The undersigned agrees to the inclusion of the above provisions, among others,in any contract with the City of Tulsa. 

Company Name: ______________________________ 

Date: ____________________ 

By: ________________________________________ 

Name Printed: _______________________________ 

 Title: _______________________________________