CITY COUNCIL: Resolution for Agreement with Burghardt + Dore Advertising, Inc.

Meeting Date: August 4, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into an agreement with Burghardt + Doré
Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.

Description: The City has a contract with Burghardt + Doré for destination marketing services. Jeff Burghardt of Burghardt + Doré has developed a marketing plan for the new fiscal year starting July 1, 2009 (see Exhibit “A”).

The City wishes to continue to contract with Burghardt + Doré for the fiscal period
July 1, 2009 through June 30, 2010, per the attached agreement. The City’s approved
FY 2009/10 budget includes $128,750 for Regional Destination Marketing.

Overall Cost: City Funds: $128,750, to be funded from General Fund Account 01-85200.

Staff Recommendation: Staff recommends Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services, as outlined in Exhibit “A”.

Important Considerations: During FY 2008/09, Jeff Burghardt provided marketing services to the City through his firm, Burghardt+Doré. Prior to that time, he provided marketing services to the City through his previous firm, Anda-Burghardt.

Decision Record: 1) Resolution 2009-22 dated April 7, 2009, approving a destination contract with Burghardt + Doré; 2) Resolution 2008-43, dated July 1, 2008, approving a destination marketing contract with Anda/Burghardt Advertising.

Reviewed by:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO AN AGREEMENT WITH BURGHARDT + DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750 IN FISCAL YEAR 2009/2010

WHEREAS, the City Council has approved funding for destination marketing services for
Fiscal Year 2009/2010; and

WHEREAS, for its fiscal year 2009/10 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective July 1, 2009, for services 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 City Administrator to execute the Burghardt + Doré Advertising, Inc.
agreement for fiscal year 2009/10 in an amount not to exceed $128,750 for
destination marketing.

2. Authorize payment from the General Fund account 01-85200 for the professional
services rendered.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of August 2009 by the following roll call vote:

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

SIGNED:

ATTEST:
_______________________
SUE McCLOUD, MAYOR
______________________
Heidi Burch, City Clerk

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July
2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein
referred to as the "CITY") and Burghardt+Doré, 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 and payment
schedule shown in Exhibit “A” with this agreement an
amount not to exceed one hundred twenty-eight thousand
and 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.
Deleted: as
18
2
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 2009/2010.
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,
19
3
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. The compensation entitled by the
CONSULTANT will be in accordance to the payment schedule
referenced in Exhibit A.
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
20
4
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.
21
5
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
Burghardt+Doré
PO Box 223491
Carmel, CA 93922
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
22
6
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
Burghardt+Doré
Its: __________________________
23
Exhibit A
2009-10 Destination Marketing
SCOPE OF SERVICES
Agency:
Burghardt+Doré Advertising, Inc.
Strategy:
Increase hotel room nights, retail sales, and overall brand awareness by building on the destination marketing
campaigns and website. Target upscale California consumers, especially the core Northern California drive
markets, through advertising, Internet, and PR. Expand Carmel’s marketing reach by targeting niche markets,
especially the lucrative destination wedding industry.
Recommendation:
Launch a summer marketing blitz to capture market share during these slow economic conditions, and continue
with ongoing marketing through the slow season. Enhance the Official Travel Website with a “Wedding Guide,”
“What’s New” page, improved visitor’s map, revised online videos, business directory, and itineraries with images.
The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750
FY/Q1 Budget (Jul-Sep) $75,000
FY/Q2 Budget (Oct-Dec) $25,000
FY/Q3 Budget (Jan-Mar) $15,000
FY/Q4 Budget (Apr-Jun) $13,750
1) Marketing - Scope of Work:
• Marketing and media plan to increase hotel room nights, retail sales, and overall brand awareness
• Execute marketing campaigns (advertising, Internet, and PR)
• Website upgrades and ongoing maintenance to increase room nights and brand awareness
• Video production and editing to keep videos fresh and increase brand awareness
• Business outreach to increase website listings and overall sales
• Provide marketing consulting, as needed
2) Public Relations - Scope of Work
• Feature Stories
• Seasonal press releases
• Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report