CITY COUNCIL: Agreement with Anda/Burghardt Advertising, Inc. for Destination Marketing Services

Meeting Date: July 1, 2007
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Anda/Burghardt
Advertising, Inc. for Destination Marketing services in an amount not to exceed
$128,750.
Description: The scope of work for Fiscal Year 2008/2009 for Destination Marketing
will include advertising and public relations components as outlined in Exhibit “A”. The
consultant shall work directly with the Assistant City Administrator. Jeff Burghardt will
present a quarterly update to the City Council on Marketing.
Overall Cost:
City Funds: $128,750 will be paid for the costs associated with Destination
Marketing to Anda/Burghardt Advertising, Inc. per the agreement.
Grant Funds: $0
Staff Recommendation: Staff recommends that the Council approve entering into an
agreement with Anda/Burghardt Advertising, Inc. to provide Destination Marketing
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 and 2007/2008.
Reviewed:
Rich Guillen, City Administrator Date
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July,
2008, by and between the CITY OF CARMEL-BY-THE-SEA, herein
referred to as the "CITY") and Anda-Burghardt Advertising, Inc.,
Jeff Burghardt, President hereinafter referred to as
"CONSULTANT".
W I T N E S S E T H
WHEREAS, the CITY has prepared a Destination Marketing
Plan; and
WHEREAS, the CITY desires to retain the services of a
qualified consultant to assist in the preparation of said
Marketing 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 One Hundred Twenty Eight Thousand Seven Hundred
Fifty dollars ($128,750) for Destination Marketing.
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,
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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
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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,
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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.
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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 Destination Marketing
SCOPE OF SERVICES
Strategy:
Continue to build on the integrated destination marketing campaign to increase visitor business and
brand awareness. The marketing campaign will primarily focus on targeting upscale consumers during
the shoulder and slow seasons.
Recommendation:
A strong mix of advertising, Internet, direct marketing, collateral, and public relations will continue to be
the foundation for the City’s marketing efforts. This year, we recommend enhancing the website;
printing a stylish rack brochure; increasing Internet search marketing to include all of the US with some
geotargeting in Europe and Canada; increase press submissions; and provide coop media opportunities
to the hotels/inns. New online videos and direct mail are TBD.
The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750
1) Marketing:
Scope of Work:
Market Research
Marketing & Media Plan
Promotional Campaigns (ads, direct mail, emarketing, and PR) including all printing/media costs
Website
Coop Marketing
List Development
Brand Partnerships
City Rack Brochure
Event Marketing
2) Public Relations:
Scope of Work
Crisis Communications Plan
Feature Stories
Pitching seasonal press releases
Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report
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
ANDA/BURGHARDT ADVERTISING, INC. FOR DESTINATION
MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750
IN FISCAL YEAR 2008/2009
WHEREAS, the City Council has approved funding for Destination Marketing
services for Fiscal Year 2008/2009;
WHEREAS, a specific scope of work for Destination Marketing scope has been
created;
WHEREAS, Jeff Burghardt, President, Anda/Burghardt Advertising Inc. 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 Anda/Burghardt Advertising, Inc
agreement in an amount not to exceed $128,750 for Destination
Marketing.
2. Authorize payment for the professional services rendered in the agreement
from the Account Nos. 01-85300 and 01-85200, respectively.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 1st day of July 2008 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
SIGNED:
ATTEST:
_______________________
SUE McCLOUD, MAYOR
______________________
Heidi Burch, City Clerk