CITY COUNCIL: Agreement with Jeff Burghardt for Economic Revitalization Manager Professional Services

Meeting Date: August 5, 2007
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Jeff Burghardt to provide professional services as the City’s Economic Revitalization Manager in an amount not to exceed $60,000.

Description: The scope of work for Fiscal Year 2008/2009 for Economic Revitalization is outlined in Exhibit “A”. The Economic Revitalization Plan establishes a number of priorities, including such goals as identifying current mix of businesses, recruiting new businesses, establishing more night time activity, improving signage to better locate businesses, and streamlining permit processes, among others. The consultant shall work directly with the City Administrator and present a quarterly update to the City Council on Economic Revitalization.

Overall Cost:
City Funds: $60,000
Grant Funds: $0

Staff Recommendation: Staff recommends that the Council approve entering into an agreement with Jeff Burghardt to provide Economic Revitalization services.

Important Considerations:
1. Anda/Burghardt Advertising Inc. offers a comprehensive marketing strategy, as outlined in the attached exhibit. The firm met and exceeded contract goals in FY 2007/2008.

2. Funds have been approved in the Fiscal Year 2008/2009 Annual Budget.

Decision Record: Council gave conceptual approval for the Economic Revitalization and Marketing Director at its July 3, 2007 meeting. Council has authorized entering into Destination Marketing agreements with Anda/Burghardt Advertising, Inc. in successive Fiscal Years 2006/2007, 2007/2008 and 2008/2009.

Reviewed:


Rich Guillen, City Administrator Date


ECONOMIC REVITALIZATION
PROJECT WORKSHEET PRIORITIES
ACCOMMODATIONS GOALS PRIORITY WHO STRATEGY
Provide a “Remodel Program” to support hotels and inns PRIORITY RG Offer financing, permit exceptions, and design assistance to upgrade accommodations

RETAIL GOALS PRIORITY STRATEGY
Advertise retail shopping during the holidays ANNUAL JB Increase the slow holiday season by attracting more Monterey County customers

Attract shoppers to side-street stores with tasteful signs PRIORITY JB & RG Add aesthetically pleasing wood signs marked "More Shops" on key side streets

Identify current and desired mix of business PRIORITY JB & RG

Identify existing business mix and analyze growing trends, other boutique cities, and retail standards to develop a desired mix of business. Work with landlords to provide up-to-date vacancies to the City and online.

Draw new retail stores with a Market Profile sell sheet PRIORITY JB & RG

Develop a sell sheet highlighting business opportunities, trends, demographics, and availability to attract new retail and restaurant businesses.

RESTAURANT GOALS PRIORITY STRATEGY
Advertise restaurants during the holidays ANNUAL JB Increase the slow holiday season by attracting more Monterey County customers

Identify current and desired mix of business PRIORITY JB & RG

Identify existing business mix and analyze growing trends, other boutique cities, and restaurant standards to develop a desired mix of business. Work with landlords to provide up-to-date vacancies to the City and online.

Draw new restaurants with a Market Profile sell sheet PRIORITY JB & RG

Develop a sell sheet highlighting business opportunities, trends, demographics, and availability to attract new retail and restaurant businesses.

Establish “Locals Night” on Thursday to create a buzz PRIORITY JB & Staff

Develop a turnkey seasonal campaign to increase vibrancy and expand weekend sales

Advertise events during the holidays ANNUAL JB Increase the slow holiday season by attracting more Monterey County customers

Provide “free 60-day trial period” for music permits PRIORITY RG & JB Encourage businesses to test live music by postponing the $750 permit fee

Establish “Locals Night” on Thursday to create a buzz PRIORITY JB Launch an integrated Food & Film campaign in the Fall 2008

PARKING & TRAFFIC GOALS PRIORITY STRATEGY
Review valet parking efforts to gain results PRIORITY Traffic & RG Develop a working document of best valet parking practices (traffic committee)

Improve and add better “public parking” signage PRIORITY JB & RG Increase use of public parking with tasteful, International signage

Add directional signs on Hwy 1 to reduce Ocean Ave. bottleneck PRIORITY JB & RG Add a "Downtown Carmel" sign at Hwy. 1/Rio

POLICY GOALS PRIORITY STRATEGY
Provide online permits, licenses, vacancies, resources, special event criteria, ordinances, and any other public requested info

PRIORITY RG & Planning
Provide quick-and-easy, web-based documents, forms, and information on City website. Capture opt-in emails to develop elist for communications

Streamline permit process to 30 days PRIORITY RG & Planning

Help stores open faster (faster = sales) and allow existing businesses to get new projects started faster. Plan, check, and review in 30 days.

Broaden “zoning ordinance” to expand retail categories PRIORITY RG & Planning

Expand the use of commercial spaces to include new types of businesses such as wine tasting rooms, etc.

Develop a comprehensive database for ongoing communication with businesses and landlords

PRIORITY City Admin
Create an online database starting with available lists. Then refine the database using email campaigns and online forms.

Increase utilization of City parks for events PRIORITY City Staff

Expand use of City parks for events. Consider building a permanent stage at Devendorf Park to encourage ongoing entertainment.

AMBIANCE GOALS PRIORITY STRATEGY
Add attractive night lights in commercial district, especially for safety reasons
PRIORITY RG & Planning Research tree lighting powered by inconspicuous small solar panels

Add benches in commercial district PRIORITY RG & Planning Research benches, identify locations and develop implementation plan

MARKETING GOALS PRIORITY STRATEGY
Add visitor itineraries to website PRIORITY JB Reach more target visitors by increasing circulation, frequency, and magazine titles

Improve automation of website PRIORITY JB Optimize SEO, PPC, and marketing call-to action to increase unique daily visitors

Coop marketing opportunities PRIORITY JB Continue to develop coop opportunities that help smaller businesses

Expand PR capabilities PRIORITY JB Streamline PR requests and pitch national and regional media with new stories

Branded map for citywide distribution PRIORITY JB Improve the visitor's experience with a printed map that offers fun facts and tours

Interactive, online map for visitors and businesses PRIORITY JB Develop an interactive map that provides on-demand, citywide information

Conduct visitor and resident research PRIORITY JB & RG Contract a research firm to conduct primary research on visitors and residents


AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 5th day of August 2008, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and Jeff Burghardt hereinafter referred to as "CONSULTANT".

W I T N E S S E T H

WHEREAS, the CITY has prepared a Economic Revitalization Plan; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the implementation of said Economic Revitalization Plan; and

WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES

A. CONSULTANT shall perform all of the necessary services and prepare such reports as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION

A. The CITY shall pay CONSULTANT for services in accordance with the detailed scope of work as shown in Exhibit “A” with this agreement an amount not to exceed Sixty Thousand ($60,000) for performing the duties of the Economic Revitalization Manager.

B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.

3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall vest with the CITY.

B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.

4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve Consultant’s invoices to the CITY under this Agreement.

B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing Consultant’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.

5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks according to the Scope of Services as set forth in Exhibit “A” and during Fiscal Year 2008/2009.

B. CONSULTANT will diligently proceed with the work contracted for, but it is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors which could not
reasonably have been foreseen at the time of execution of this Agreement.

6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.

7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.

8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services include those due to abnormal conditions beyond Consultant’s control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.

9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.

10. HOLD HARMLESS
A. CONSULTANT is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional insured and hold harmless
from any loss, damage or liability arising directly from any negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. CONSULTANT shall not be responsible for any loss, damage or liability arising from any act or omission by the CITY, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by
CONSULTANT and over which CONSULTANT has no supervision or control.

11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage

B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.

12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.

13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the extent and at the times required by the City’s Conflict of Interest Code and applicable law.

B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.

C. During the term of this Agreement, CONSULTANT shall conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.

14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):

THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921

CONSULTANT: Jeff Burghardt, President
Anda-Burghardt Advertising, Inc.
419 Webster Street, Suite 201
Monterey, CA 93940

Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CONSULTANT or to the CITY at the addresses set forth above.

Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.

15. ATTORNEY’S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.

16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.

17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.

18. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect.

N WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY

By: ____________________________
Rich Guillen
City Administrator

CONSULTANT

By: __________________________
Jeff Burghardt, President
Anda-Burghardt Advertising, Inc.
Its: __________________________


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH JEFF BURGHARDT FOR ECONOMIC REVITALIZATION MANAGER SERVICES IN AN AMOUNT NOT TO EXCEED $60,000 IN FISCAL YEAR 2008/2009

WHEREAS, the City Council has approved funding for an Economic Revitalization Manager for Fiscal Year 2008/2009; and

WHEREAS, an Economic Revitalization Plan has been developed for implementation; and

WHEREAS, a specific scope of work for the Economic Revitalization Manager has been created from this Plan; and

WHEREAS, Jeff Burghardt is in agreement with the services to be provided as outlined in Exhibit “A”;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize the execution of the Jeff Burghardt agreement in an amount not to exceed $60,000 for Economic Revitalization Manager services.

2. Authorize payment for the professional services rendered in the agreement from the Account No. 01-85300.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of August 2008 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

______________________
Heidi Burch, City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR