CITY COUNCIL: Agreement with Jeff Burghardt for Economic Revitalization Manager

Meeting Date: September 9, 2008
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: Exhibit “A” of Jeff Burghardt’s Economic Revitalization (ER) Manager agreement was revised and simplified as the result of City Council deliberation at a special meeting held on August 19, 2008. The revised Exhibit “A” identifies four tasks to be completed in Fiscal Year 2008/2009. The agreement provides for quarterly Council reports which will focus on the progress on the identified tasks. The ER Manager works directly under the direction of the City Administrator.

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

Staff Recommendation: Adopt the Resolution entering into an agreement with Jeff Burghardt as the ER Manager.

Important Considerations: In his first year as the ER Manager, Jeff Burghardt has met on several occasions with the Carmel Chamber of Commerce, the Carmel Innkeepers Association, numerous business owners and other individuals.

Decision Record: The City Council approved hiring an ER and Marketing Director in July 2007.

Reviewed:

_______________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: SEPTEMBER 9, 2008
SUBJECT: ECONOMIC REVITALIZATION MANAGER CONTRACT

RECOMMENDED MOTION
Adopt the Resolution.

BACKGROUND
The City Council reviewed and deliberated on the proposed Economic Revitalization (ER) Manager contract at its August 5, 2008 meeting and again at its August 19, 2008 special meeting.

Under consideration at both meetings was an agreement with Mr. Jeff Burghardt to provide professional services as the ER Manager. At the August 5th meeting, Mr. Burghardt distributed a worksheet that outlined the ER Work Plan for the current fiscal year. The Work Plan was initially generated by an ER Team (which no longer meets) and refined over the past fiscal year after input from individual merchants and property owners, the Carmel Innkeepers’ Association, and the Carmel Chamber of Commerce.

Two town hall meetings were held to seek public input and further refine the ER Work Plan. At the August 5, 2008 City Council meeting, a question was raised about the development of a written plan. In addition, a recommendation was made by Council Member Ken Talmage to reorganize the ER projects into those requiring action and those requiring more research and resources. The City Council approved postponing the execution of the ER Manager contract until the August 19th Special City Council meeting.

Jeff Burghardt and staff prepared an ER Project Worksheet for the Special meeting which was divided into two categories: 1) Actionable Projects, and 2) ER Development Projects. The revised Worksheet project list was scrubbed again to eliminate redundancy and duplications. Even though we recognized that marketing can go hand in hand with economic revitalization, we felt it would be clearer to eliminate projects that were already incorporated in the Anda Burghardt marketing contract.

Other revisions made to the ER Project Worksheet at that time were the inclusion of a column labeled “Current Plan” and “Next Steps”. The Current Plan column describes the project in broad terms while the Next Steps column identifies what immediate action will be taken by the ER Manager and staff. In addition, a timeline by fiscal year quarters was developed to track progress of the ER projects.

STAFF REVIEW
Based on public input and Council comments received at the Special meeting, the scope of work for the ER Manager was simplified into four major projects (see attachment “A”). The major projects identified and recommend by Mr. Burghardt and staff are:
1. Draft a Economic Revitalization Strategic Plan;
2. Attract new businesses with a market profile;
3. Identify current and desired mix of business; and
4. Develop a comprehensive database for ongoing communication with businesses and landlords.

The above Work Plan Projects focus on developing a comprehensive data to develop a market profile for the business area. Besides developing a written plan, it is important to start working with commercial property owners to create a financial environment that will attract a diversity of new businesses.

FISCAL IMPACT
The ER Manager annual contract is $60,000, which is typically paid on a monthly basis. This would be the second year that Mr. Burghardt has worked in this capacity, if the proposed contract is approved. The City Council previously approved his expenditure when it adopted the F.Y. 2008-09 Annual Budget.

SUMMARY
Much of the initial ER Manager work over the past year was formulating and presenting an ER Worksheet. Exhibit “A”, which is attached to the agreement, reflects the public input received. It was organized to simplify the tasks to be completed in the current fiscal year.


AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 9th day of September 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 Work Plan 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 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 Work Plan 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.

IN 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: __________________________


Exhibit A
2008-09 Economic Revitalization
SCOPE OF SERVICES
In fulfillment of the Contract entered into between the City of Carmel-by-the-Sea (“City”) and Jeff Burghardt (“Consultant”), Consultant shall perform the following duties: Economic Revitalization Plan:
The City of Carmel-by-the-Sea’s economic revitalization goal is to attract and retain the strongest mix of business; provide opportunities for businesses to improve their quality, service, and sales; expand on the city’s charm with enhanced ambiance and expanded entertainment; and become a “business-friendly city” by streamlining City policy and communication.

The Economic Revitalization Consultant will maintain and update the economic revitalization plan, which includes accommodations, retail, restaurants, entertainment, parking/traffic, policy, ambiance, and marketing. In addition, the Consultant will update the City by presenting at scheduled City Council Meetings.

Implementation Plans:
Consultant will execute and oversee the implementation of the economic revitalization plan with the help of the City and community. Priorities established in FY08 are the focus for implementation in FY09 (see Attachment “A”).

Hours:
Consultant will dedicate a minimum of 10 hours per week to meet with community leaders, conduct research, and implement the plans. Community leaders should include business owners, elected officials, property owners, residents, and other individuals and groups with an interest in the economic health of the City’s business area.

Agency Staff:
Consultant will also provide agency staff, when necessary, for research, administration, and coordination of projects.

Vendors and additional services:
Consultant will manage vendors and additional services as appropriate to implement the plans. Other vendors and services might include printing, signage, event materials, eblasts/web pages, presentations, guest speakers/specialists, interactive map development, etc. Management of landscaping, pavement repairs, and other similar projects will need to be discussed further. Retainer Fee:
Consultant will bill $5,000/month ($60,000/annually).


ATTACHMENT “A”ECONOMIC REVITALIZATION MANAGER
WORK PLAN FOR F.Y. 2008/2009
1. Draft an Economic Revitalization Strategic Plan
The ER Plan will provide a strategic focus, City business demographics, market/trend analysis, strategic action goals and objectives, implementation timeline, and budget.

2. Attract new businesses with a market profile
Develop a sell sheet highlighting business opportunities, trends, demographics, and City information to attract new businesses.

3. Identify current and desired mix of business
Research existing business diversity, identify the business mix, and analyze the growing trends to determine the best mix.

4. Develop a comprehensive data base for ongoing communication with businesses and
landlords
Create an online database starting with available lists – refine the database using email campaigns and online forms.


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 9th day of September 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