HomeMy WebLinkAbout2024.11.19 PPFD HANDOUT - RFP for PPFD Branding and Marketing of New Pasco Quatics FacilityPasco Public Facilities
525 N Third Avenue
Pasco, WA 99301
Phone 509.521.6960
Pfd-watkins@pasco-wa.gov
REQUEST FOR PROPOSAL
Developing a Comprehensive Branding Package for the
New Pasco Aquatics Facility
Pasco, Washington
RESPONSE DUE: December ??, 2024 at 3:OOPM
November 2024
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
TABLE OF CONTENTS
1 INFORMATION AND INSTRUCTIONS................................................................................................................ 3
1.1
INVITATION TO PROPOSE.......................................................................................................................
3
1.2
INTENT OF THE PPFD..............................................................................................................................
4
1.3
PROPOSAL...............................................................................................................................................4
1.4
LATE PROPOSALS AND MODIFICATIONS................................................................................................ 4
1.5
WITHDRAWAL OF PROPOSALS...............................................................................................................
4
1.6
CONDITIONS AFFECTING THE WORK......................................................................................................
4
1.7
EXPLANATIONS FOR SUBMITTING FIRM.................................................................................................5
1.8
PPFD REPRESENTATIVES.........................................................................................................................
5
1.9
FORM OF PROPOSALS.............................................................................................................................5
1.10
BASIS FOR SELECTION.............................................................................................................................
5
1.1
PERSONAL SERVICES AGREEMENT......................................................................................................... 6
2 SCOPE OF WORK..............................................................................................................................................
6
2.1
BACKGROUND.........................................................................................................................................6
2.2
SCOPE DESCRIPTION...............................................................................................................................
6
2.3
RELATED SERVICES..................................................................................................................................8
2.4
PPFD RESPONSIBILITIES..........................................................................................................................
8
3 REQUIREMENTS AND QUALIFICATIONS...........................................................................................................
8
3.1
PROPOSAL REQUIREMENTS....................................................................................................................8
3.2
AGENCIES QUALIFICATIONS....................................................................................................................9
4 FIRM SELECTION PROCEDURES......................................................................................................................
10
4.1
PROPOSAL EVALUATION CRITERIA.......................................................................................................
10
4.2
INTERVIEW CRITERIA............................................................................................................................
11
APPENDIX
A: PROFESSIONAL SERVICES AGREEMENT..............................................................................................
1
APPENDIX
B: CURRENT COMMUNITY GRAPHICS.....................................................................................................
9
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
INFORMATION AND INSTRUCTIONS
1.1 INVITATION TO PROPOSE
The Pasco Public Facilities District (PPFD) is soliciting proposals from qualified and experienced professional
branding firms to provide comprehensive place branding for the Pasco Public Facilities District. The intent of this
request for proposals (RFP) is to partner with one or more branding firms to provide high quality service,
delivering a heavily researched and unique brand for the PPFD at a competitive cost.
The complete RFP may be obtained for no charge via the City of Pasco website — http://www. ap sco_
wa.gov/Bids.aspx. It is the sole responsibility of the Firm to obtain any RFP updates or addenda from the City
website.
The Pasco Public Facilities District, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business
enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the ground of race, color, national origin, or sex in consideration
for an award.
The PPFD reserves the right to reject any and all responses and to waive technicalities or irregularities, and after
careful consideration of all submissions and factors involved make the award to best serve the interests of the
Pasco Public Facilities District. The PPFD also reserves the right to amend terms of this RFP to circulate various
addenda, or to withdraw the RFP at any time, regardless of how much time and effort Agencies have spent on
their responses.
Pasco Public Facilities District, Washington
Prepared by Matt Watkins — Executive Director
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
1.2 INTENT OF THE PPFD
It is the PPFD's intent to have the selected Firm provide a comprehensive branding package for the Pasco Public
Facilities District and the Pasco Aquatics Facility currently in design and construction and scheduled to be
completed in April 2026.
This effort will utilize extensive research and community engagement to develop a comprehensive brand update
that is deeply unique to Pasco and resonates with our diverse community. This new brand will represent the
aquatic facilities unique attributes, the PPFD organization, and it's involvement as a regional facility in the City of
Pasco and Tri-Cities region.
The brand will be relatable, aspirational and unique while being authentic and able to win the endorsement of the
community at large.
This RFP is not a contractual offer, nor is it a commitment to purchase services. Contents of this RFP and the
Firm's proposal will be used as the basis to determine final contractual obligations. It is understood that this RFP
and the successful Firm's proposal may be attached or included by reference, in part or in whole, to any
agreement regarding the services included in this RFP between the PPFD and said Firm(s).
1.3 PROPOSAL
Interested Agencies are required to submit one digital (electronic) copy of their proposal. Failure to provide the
proposal in the appropriate manner will result in disqualification. Hard -copy or fax proposals are not permitted and
will not be accepted. One electronic copy, including attachments, shall be transmitted to the City Clerks office and
be no larger than 20mb in size. Receipt time of submittal will be considered the time -stamp of the incoming email
created automatically by the City's email server. Consultants are encouraged to submit their proposal with
adequate time for the email to be processed by the City's email server.
Email submissions to the Executive Director:
pfd-watkins(cpasco-wa.gov
Subject line: REQUEST FOR PROPOSAL: Place Brand
1.4 LATE PROPOSALS AND MODIFICATIONS
Proposals and modifications thereof received after the stated time of closing may be returned unopened. The
PPFD is not responsible for late deliveries. Time of closing will be determined per the Pacific Time Clock at
http://www.time.gov/.
1.5 WITHDRAWAL OF PROPOSALS
Proposals may be withdrawn by written request up to one (1) hour after the stated time of closing, as mentioned
above. Determination of the one -hour grace period shall be calculated based on the same reference as identified
in Section 1.4.
1.6 CONDITIONS AFFECTING THE WORK
Before submitting a Proposal, each submitting Firm is advised to:
A. Examine the RFP documents thoroughly.
B. Familiarize himself/herself with federal, state, and local laws, ordinances, rules, and regulations that may
— in any manner — affect the cost, progress, or performance of the work.
C. Study and carefully correlate said Firm's observations with the RFP response.
Failure to do so will not relieve any Firm from any contractual obligations of the work described herein.
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
1.7 EXPLANATIONS FOR SUBMITTING FIRM
There are Eighteen (18) pages in this RFP, including the cover sheet and table of contents; each is sequentially
numbered in the bottom right corner of the page (Pages 1 through 10, and A-1 through A-7). It is the responsibility
of the submitting Firm to ensure that all pages are included. If any pages are missing, the Firm should
immediately request a copy of the missing page(s) by emailing the request to the PPFD Representatives listed in
Section 1.8. Please write "RFP — Place Brand" in the subject line. It is the responsibility of the Firm to procure
missing pages; proposals based on incomplete information will not be granted exception for any faults deriving
thereof.
Any explanation desired by a submitting Firm regarding the meaning or interpretation of the RFP, or any part
thereof, must be requested in writing (via email) and directed to all PPFD Representatives listed in Section 1.8, no
less than 72 hours prior to the time that proposals are due. Any interpretation made will be in the form of an
addendum to the RFP, issued by the PPFD and will be posted to the City Website — http://www.pasco-
wa.gov/Bids.asox . It is the sole responsibility of the Firm to obtain any RFP updates or addenda.
1.8 PPFD REPRESENTATIVES
Matt Watkins — Executive Director
Pasco Public Facilities District
525 N 3rd Avenue
Pasco, WA 99301
Pfd-watkinsa_pasco-wa.gov
1.9 FORM OF PROPOSALS
To assist in the evaluation process, proposals shall conform to the following:
1) The proposal shall be limited to a maximum of 20 numbered pages (10 double -sided pages).
2) All pages will be counted towards the page total, except for the front cover, back cover, tab pages,
resumes, references, and the cover letter. The cover letter shall be limited to a maximum of 1 double -
sided page.
3) All pages shall be printed on 8'/z" x 11" size paper and shall be printed double -sided.
4) Font shall be "Arial" no smaller than 10 point". Use of an alternate font or a size smaller that 10-point will
result in a 50% score reduction. The body of this RFP is written in "Aria) 10-point" as example.
5) Margins on all edges should be a minimum of 0.75-inches.
6) Electronic submittals only.
1.10 BASIS FOR SELECTION
A. General
The selection will be based on an understanding of PPFD's branding needs and demonstrated experience and
qualifications from similar branding efforts.
Selection Committee
The Selection Committee will be made up of three (3) or more PPFD selected individuals and may include the
PPFD Representatives listed in Section 1.8 of this RFP.
B. Ranking:
The Selection Committee will review the RFP Proposal and evaluate all responses received based on the criteria
listed herein. The PPFD intends to select the Firm who is evaluated as the highest ranking Firm. The PPFD will
then begin the award process based on the evaluated scores. Submittals will be scored based on Evaluation
Criteria from Section 4.1 PROPOSAL EVALUATION of this RFP. The PPFD reserves the right to make a
selection based solely on the information contained in the written submittal.
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
The PPFD further reserves the right to either interview selected Firm(s) or request additional information to help in
determining the most qualified Firm. Should the PPFD elect to conduct an interview for shortlisted candidates,
interviews will be evaluated per criteria from Section 4.2 INTERVIEW CRITERIA of this RFP. The PPFD may
make a selection based on any combination of written or interview evaluations. Selection of the committee shall
be final. The selected Firm shall be notified in writing by the PPFD, and no other method shall be considered to be
an official notification of selection by the PPFD.
The PPFD reserves the right to reject any or all of the submittals. If the PPFD elects to select one of the
submitting Firms, the PPFD will have the right to negotiate with said submitting Firm over the final terms and
conditions of the contract in the best interest of the PPFD. The primary objective of the negotiations is to
maximize the PPFD's ability to obtain the best value, based on the requirements and evaluations relating to this
RFP. If an agreement cannot be reached, the negotiations will be terminated and similar negotiations will occur
with the next -ranked submitting Firm.
1.1 PERSONAL SERVICES AGREEMENT
The successful Firm(s) will be required to sign the PPFD's Professional Services Agreement, a copy of which is
enclosed to this RFP in [Appendix A]. Please write "RFP — Place Brand" in the subject line for all emails and
correspondence related to this project. All submitting Firms are directed to carefully review the Professional
Services Agreement before preparing their submittal, as the successful Firm(s) will not be able to significantly
modify the wording of the PPFD's Professional Services Agreement. The successful Firm'(s) refusal to sign the
PPFD's Personal Services Agreement will render their submission nonresponsive, all dialogues will be
immediately terminated, and negotiations will begin with the next ranked submitting Firm.
SCOPE OF WORK
2.1 BACKGROUND
In 2022, Pasco voters approved a new sales tax of 0.2% to pay for a new aquatics facility. The facility is
scheduled to be opened in the spring of 2026. The Pasco Public Facilities District copied and then modified a logo
from the City of Pasco as a working logo in 2022 and uses currently. The PPFD has a close affiliation with the
City of Pasco including a plan to manage and operate the new facility in 2024, likely through it's Parks and
Recreation Department in parallel with an ongoing municipal seasonal pool. More information on the logo
process can be found at https://www.pasco-wa.aov/999/City-Logo-Redesign-Process
2.2 SCOPE DESCRIPTION
The qualified Consultant will be responsible for the coordination of a fully completed brand and position
development, including a recommended plan for brand implementation and economic development marketing.
This work is to include project management, research, strategic planning, brand creative development, and an
implementation plan:
• Brand Development and Coordination
The consultant will lead all aspects of the PPFD's branding, positioning, and destination marketing initiative,
including but not limited to the following:
o Coordination with PPFD staff regarding schedule, deliverables, and scope of work
o Facilitating one or more community meetings/focus groups with PPFD board and staff, PPFD staff,
board members, City of Pasco staff, business partners, and residents to determine existing attitudes,
perceptions, strengths, and assets
• Graphics
Develop creative elements that include slogan/tagline, typeface, voice/tone, market positioning, personality,
and other deliverables to support overall brand initiative. A minimum of three distinct options must be delivered;
the final option, as selected by the PPFD, to be delivered with a style manual and guidelines for use. If fonts to
be considered require licensing, disclosure of detail
o Pasco Aquatic Center Logotypes
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
o Typographic packages that will include specific options for branding, wayfinding, ADA
compliance, written communication, and social media use
o Color palettes (i.e. colors and accents) for print and screens (ADA and WCAG compliant)
o Signage guidelines for future development
o Letterhead (formal letter, and invoice templates)
o Business Card template
o Nametag/badge template
o Social Media templates (3 for Instagram, 1 Facebook/Twitter)
o Events Poster template
o Visual assets such as icons
o Graphic patterns
o Retail Graphics for Retail Area
o Mascot suggestions (3) and associated iconography
o Staff uniforms iconography, color, and layout
o If any fonts or graphics require licensure, those terms will be disclosed including estimated costs,
restriction, or impact to the PPFD and considered when choosing graphic options.
Implementation
Develop creative elements that include slogan/tagline, typeface, voice/tone, market positioning, personality,
and other deliverables to support overall brand initiative. A minimum of three distinct options must be
delivered; the final option, as selected by the City, to be delivered with a style manual and guidelines for use
in the following:
o Marketing materials (Activity Guides, Canva templates, etc.)
o Website
o Media placement (TV/radio/outdoor/digital)
o Events
o Collateral (letterhead, business cards, memos, etc.)
Presentations
o Community Groups — Up to two (2) reports to community/focus groups
o PPFD — A brief report of the brand and the development process to the Board of Directors upon
completion; consultant shall be prepared to answer questions and provide clarification.
• Goals/Objectives
The primary goals/objectives to be achieved by the brand development include but are not limited to:
• Consistency — the brand should convey a consistent message and image to the audiences both
within and outside the Pasco Public Facilities District and be a defined message that reflects
community values and will market Pasco locally, statewide, and nationally.
• Community Identity/Pride — identify and promote what makes the Pasco Public Facilities District
distinct and appealing in a competitive market for investors, businesses, retailers, visitors, and
residents.
• Economic Development — the new brand should promote a healthy economy, support the City and
Tri-Cities with tourism and business promotion.
• Flexibility — the brand must be flexible and adaptable to meet the evolving needs of the PPFD.
• Endorsement — The brand must be authentic and original and resonate with residents and community
members.
Project Deliverables
• An executive summary report with findings
• A detailed report, separated sections and addressing items in Section 2.2 Scope Description
• Focus group(s) and other community meetings as mutually deemed necessary
• A minimum of three distinct options, and a style manual and guidelines for the final option, as
selected by the PPFD
• Presentation(s) to PPFD Board (virtual or in person)
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
2.3 RELATED SERVICES
Any contract award resulting from this solicitation may be expanded to cover related items provided that such
services are normally furnished by the Vendor. An estimate for ongoing/on-call services to support
implementation should be a part of the response, and it will be at the PPFD's discretion whether to include in the
final contract.
2.4 PPFD RESPONSIBILITIES
PPFD staff will assist the selected Firm(s) where possible but said Firm should anticipate and be prepared to be
completely self-reliant in accomplishing the tasks associated with this RFP. The PPFD will provide, when
available, project information, community connections and any other associated project documents, as well as
base information (such as original survey, base map with existing utility data, PPFD Standards, etc.).
REQUIREMENTS AND QUALIFICATIONS
3.1 PROPOSAL REQUIREMENTS
Formatting of the submittal shall be as set forth in Section 1.9 of this RFP. In addition to these formatting
requirements, per Section 4.1 the following items, at a minimum, shall be included in the submittal:
A. Proposal Costs:
1) Provide a current rate schedule for the description of associated work necessary to complete the request
services.
B. Report/Response Time:
1) Within your proposal please note the response and completion time your Firm would need for the
requested services.
C. Availability:
1) Provide a statement of your Firm's current availability and communication plan with the PPFD.
D. Ex erne. Qualifications & References:
1) Demonstrated expertise of key personnel in relation to the scope of potential work; including relative
degrees, licenses and certifications. Submitted resumes shall not exceed one page in length per team
member. Resumes are not counted in the overall page total and shall be included as an appendix. DO
NOT submit resumes for employees who will not actively work on this project.
2) In a statement, provide names and phone numbers of a minimum of three (3) references. References
should have direct experience with the proposing Firm and other proposed key personnel. Reference
sheet(s) are not counted in the overall page total and shall be included as an appendix.
3) Statement of guarantee and warranty for selected candidates which leave employment within 12 months
of appointment.
E. Presentation Organization, & Clarity of RFP documents
1) The organization of the RFP submittal and the manner in which information is presented is well
organized, clear, and concise.
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
3.2 AGENCIES QUALIFICATIONS
The required minimum qualifications for submitting Agencies are as follows:
A. Staff should currently possess all applicable certifications and licensing from the State of Washington required
to complete requested services. Including a City of Pasco Business License (or in the process of obtaining
one).
B. Knowledge of all applicable Federal, State, and local regulations and standards.
C. Minimum of 5 years' experience
• Proven history of branding projects of similar size and scope, municipal clients preferred.
Page 9 of 91
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
4 FIRM SELECTION PROCEDURES
4.1 PROPOSAL EVALUATION CRITERIA
A. RFP Submittals received by the Pasco Public Facilities District will be reviewed by the Selection
Committee, and will be evaluated based upon criteria including, but not limited to, the following:
CATEGORY I Points I
PROPOSAL COSTS
a. Provide a current rate schedule for the description of associated work necessary to
complete the request services. Travel costs for consultants included in fee proposal. 15
REPORT/RESPONSE TIME
a. Within your proposal please note the response and completion time your Firm would
need for the requested services. 15
AVAILABILITY
a. Provide a statement of your Firm's current availability and communication plan with the
PPFD. 15
EXPERIENCE, QUALIFICATIONS, & REFERENCES
a. Demonstrated expertise of key personnel in relation to the scope of potential work, -
including relative degrees, licenses and certifications. Submitted resumes shall not
exceed one page in length per team member. Resumes are not counted in the 25
overall page total and shall be included as an appendix. DO NOT submit resumes
for employees who will not actively work on this project.
b. In a statement, provide names and phone numbers of a minimum of three (3)
references. References should have direct experience with the proposing Firm and 10
other proposed key personnel. Reference sheet(s) are not counted in the overall
page total and shall be included as an appendix.
c. Statement of guarantee and warranty for selected candidates which leave 15
employment within 12 months of appointment.
PRESENTATION, ORGANIZATION AND CLARITY OF RFP SUBMITTAL
a. The organization of the RFP submittal and the manner in which information is
presented in the submittal will be evaluated as an indication of the Firm's ability to
assemble clear and concise documents and to present the project to the PPFD.
TOTAL
100
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
4.2 INTERVIEW CRITERIA
Should the PPFD elect to conduct interviews with short-listed candidates, Firms should plan for the following:
1) Interview format (if used):
a. 20-minute presentation & 10 minute question/answer period or a 30-minute dialogue style
presentation which involves question/answer's throughout presentation.
b. Presentation team shall have a maximum of three (3) people.
c. The PPFD may elect to conduct a phone or online interview without the requirement of a presentation
2) Presentation: The objective of the interview will be to clearly demonstrate the Firm's qualifications to
provide Place Branding to the satisfaction of the PPFD. The presentation shall be brief and concise and
shall include but shall not be limited to:
a. A demonstration of understanding, objectives, and challenges.
b. A presentation of how the team proposes to manage requested work
c. A description of how the Firm propose to work and communicate with the PPFD
d. Following a review of the submittals, the PPFD may establish specific requirements and content for the
interview to further aid in the determination of the Firm's qualifications.
e. Questions: The selection team may prepare a list of standard questions for the interview. Additional
questions may be developed based on the Firm's Proposal to clarify information submitted.
The PPFD will then negotiate a specific scope of services, fees, and schedule with the selected Firm. If an
agreement cannot be reached with the first selected Firm, the PPFD will terminate negotiations with said Firm and
open negotiations with the second ranked Firm. The compensation discussed with one Firm is confidential and
will not be discussed or disclosed with others.
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PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
APPENDIX A: PROFESSIONAL SERVICES AGREEMENT
Place Branding
Agreement No. XXXXX
THIS AGREEMENT is made and entered into between the Pasco Public Facilities District, a Washington
Municipal Corporation, hereinafter referred to as "PPFD", and {CONSULTANT}, hereinafter referred to as
"Consultant," on the day of 12024.
RECITALS
WHEREAS, the PPFD desires to have certain services and/or tasks performed as set forth below
requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience,
equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform
the services and/or tasks as set forth in this Agreement upon which the PPFD is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the
parties agree as follows:
Scope of Services. The Consultant shall perform such services and accomplish such tasks, including
the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as
identified and designated as Consultant's Responsibilities throughout this Agreement, and as more
particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the
"Project").
2. Term. This Project shall begin on the execution date listed above and extend through the calendar years
2025.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance of such services.
Such payment shall be full compensation for work performed or services rendered, and for all labor,
materials, supplies, equipment, and incidentals necessary to complete the Projects.
3.2 No payment shall be made for any services rendered by the Consultant except for services identified
and set forth in this Agreement except as may be authorized by a written supplemental agreement
approved by the PPFD.
3.3 The PPFD shall pay the Consultant for work performed under this Agreement upon timely submitted
invoices detailing work performed and expenses for which reimbursement is sought. The PPFD shall
approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 The PPFD shall pay the Consultant for all work performed and expenses incurred under this
Agreement, as follows.
Other: As mutually agreed upon between the parties, plus actual expenses, pursuant to
Exhibit B — Schedule of Compensation and Exhibit C — Schedule of Hourly Rates.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the PPFD may require, shall furnish to the PPFD
such statements, records, studies, surveys, reports, data, and information as the PPFD may request
pertaining to matters covered by this Agreement.
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
4.2 The Consultant shall, at any time during normal business hours and as often as the PPFD or the
Washington State Auditor may reasonably deem necessary, make available for examination all of its
records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall
permit the PPFD, or its designated authorized representative to audit and inspect other data relating
to all matters covered by this Agreement. The PPFD shall receive a copy of all audit reports made by
the agency or firm as to the Consultant's activities. The PPFD may, at its discretion, conduct an audit
at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or
indirectly, to this Agreement. Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents
necessary for the performance of its work and for the execution of services at its own expense, and
shall maintain its validity. Upon request, the Consultant shall deliver to the PPFD copies of these
licenses, registration documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all
direct and indirect costs related to the performance of this Agreement, and shall maintain such
accounting procedures and practices as may be necessary to assure proper accounting of all funds
paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to
inspection, review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement
for three (3) years after its expiration. Consultant agrees that the PPFD, or its designee, shall have
full access and right to examine any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected,
or prepared by the Consultant for performing the services subject to this Agreement, as well as any
final product, collectively referred to as "work product," shall be deemed as the exclusive property of
the PPFD, including copyright as secured thereon. Consultant may not use them except in connection
with the performance of the services under this Agreement or with the prior written consent of the
PPFD. Any prior copyrighted materials owned by the Consultant and utilized in the performance of
the services under this Agreement, or embedded in with the materials, products and services
provided thereunder, shall remain the property of the Consultant subject to a license granted to the
PPFD for their continued use of the products and services provided under this Agreement. Any work
product used by the Consultant in the performance of these services which it deems as "confidential,"
"proprietary," or a "trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its
completion, the work product of the Consultant, along with a summary of the services performed to
date of default or termination, shall become the property of the PPFD, and tender of the work product
and summary shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is terminated through
default by the Consultant. If the Agreement is terminated through convenience by the PPFD, the
PPFD agrees to pay Consultant for the preparation of the summary of services provided
6. Public Records.
6.1 Consultant acknowledges that the PPFD is an agency subject to Chapter 42.56 RCW "Public
Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and
recommendations of the Consultant are exempt prior to the acceptance by the PPFD or public citation
by the PPFD in connection with PPFD action.
6.2 If the Consultant becomes a custodian of public records of the PPFD and request for such records is
received by the PPFD, the Consultant shall respond to the request by the PPFD for such records
within five (5) business days by either providing the records, or by identifying in writing the additional
time necessary to provide the records with a description of the reasons why additional time is needed.
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is
shown.
6.3 In the event the PPFD receives a public records request for protected work product of the Consultant
within its possession, the PPFD shall, prior to the release of any protected work product or as a result
of a public records request or subpoena, provide Consultant at least ten (10) business days prior
written notice of the pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this Agreement. The
PPFD is interested primarily in the results to be achieved; subject to the scope of services and the
specific requirements of this Agreement, the implementation of services will lie solely with the
discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be
deemed to be an employee, agent, officer, or representative of the PPFD for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the PPFD provides for
its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, officers, subcontractors or representatives during the performance of this
Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an independent
contractor with full authority to control and direct the performance of the details of the work, however,
the results of the work contemplated herein must meet the approval of the PPFD and shall be subject
to the PPFD's general rights of inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a Pasco Public Facilities District business license.
7.4 The PPFD may, at its sole discretion, require the Consultant to remove any employee, agent or
servant from employment on this Project who, in the PPFD's sole discretion, may be detrimental to
the PPFD's interest.
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the PPFD, its officers, officials, agents,
employees, and volunteers from any and all claims and causes of action, including, but not limited to,
actions of law or administrative proceedings for all injuries to persons or damages to property, and all
losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of,
or in connection with the work performed under this Agreement, and caused or occasioned in whole
or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in
the performance of this Agreement, except for injuries and damages caused by the sole negligence of
the PPFD, its officers, employees, agents, and volunteers.
8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injuries or damages to property caused
by or resulting from the concurrent negligence of the Consultant, and the PPFD, its officers,
employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall
only be the proportionate extent of the Consultant's negligence.
8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of
immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
8.4 No liability shall attach to the PPFD by reason of entering into this Agreement except as expressly
provided herein.
8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of
Consultant's delayed or failed performance of Section 6 above.
8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall
survive the expiration or termination of this Agreement.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, employees, or
subcontractors.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below:
9.1.1. Automobile Liability insurance covering all owned, public owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
9.1.2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, independent contractors
and personal injury and advertising injury. The PPFD shall be named as an insured
under the Consultant's Commercial General Liability insurance policy with respect to
the work performed for the PPFD.
9.1.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
9.1.4. Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
9.2.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
9.2.2. Commercial General Liability insurance shall be written with limits no less than:
$1,000,000 each occurrence;
$2,000,000 general aggregate; or
$ each occurrence; and $ general aggregate
9.2.3. Professional Liability insurance shall be written with limits no less than:
$1,000,000 per claim;
$1,000,000 policy aggregate limit; or
$ per claim; and $ per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability, Professional Liability, and Commercial General Liability
insurance:
9.3.1. The Consultant's insurance coverage shall be primary insurance as respects the PPFD.
Any insurance, self-insurance, or insurance pool coverage maintained by the PPFD shall
be excess of the Consultant's insurance and shall not contribute with it.
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9.3.2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the PPFD.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the PPFD with original certificates and a copy of
the amendatory endorsements, including, but not necessarily limited to, the additional insured
endorsement evidencing the insurance requirements of the Consultant before commencement of the
work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against
any employee or applicant for employment on the grounds of race, creed, color, national origin, sex,
marital status, age or the presence of any sensory, mental or physical handicap; provided that the
prohibition against discrimination in employment because of handicap shall not apply if the particular
disability prevents the proper performance of the particular worker involved. The Consultant shall ensure
that applicants are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin, sex, marital
status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such
action with respeci to this Agreement as may be required to ensure full compliance with local, State and
Federal laws prohibiting discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any
company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to
solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm,
other than a bona fide employee working exclusively for the Consultant, any fee, commission,
percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the PPFD shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The PPFD has awarded this Agreement to the Consultant due to its unique qualifications to perform
these services. The Consultant shall not assign (or subcontract other than as specifically identified in
Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior
written consent of the PPFD, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this
Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding
procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written
approval by the PPFD.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving
the other party no less than ten (10) business day's written notice in advance of the effective date of
such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement,
or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct
such noncompliance within five (5) business days of written notice thereof, the PPFD may terminate
this Agreement for cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
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paid for services and expenses complying with the terms of this Agreement, incurred prior to
termination.
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
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14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1. Personal service upon the Project Administrators; or
14.2.2. Certified mail to the physical address of the parties, or by electronic transmission to the e-
mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1. For the PPFD: Matt Watkins
Executive Director
525 North 3rd
PO Box 293
Pasco WA 99301
pfd-watkins@pasco-wa. gov
14.3.2. For the Consultant: XXXXXXXXXX, or his/her designee
XXXXXXXXX
XXXXXXXXX
XXXXXXXXX
XXXXXXXXX
XXXXXXXXX
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
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15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered into and
delivered within the State of Washington and it is agreed by each party hereto that this Agreement
shall be governed by the laws of the State of Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this
Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to
resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said
dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties
waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and
costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the PPFD of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other similar event or other provision of this
Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document and any
exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this
Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and empowered to
execute this Agreement binding the PPFD and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written
above.
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON CONSULTANT
Matt Watkins, PPFD Executive Director {Consultant}
ATTEST:
Debra C Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, PPFD Attorney
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
APPENDIX B: CURRENT COMMUNITY GRAPHICS
Pasco
PPFD logo used 2022 to present
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City of Pasco logo, departmental variations, and Tri-Cities logo and colors
PASCO PUBLIC FACILITIES DISTRICT, WASHINGTON
RFP — Place Brand
TR!-CITIES TTR!-CITIES TTR!-CITIES
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Tri-Cities Wayfinding Plans (Merje)
Examples of Tri-Cities Signage