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HomeMy WebLinkAbout12 C37063 - CV Strategies - EPPBID Contract ExtensionSTAFF REPORT CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT MEETING DATE: June 24, 2021 PREPARED BY: Thomas Soule, Public Affairs Manager REQUEST: Extend by one year the contract between the City of Palm Desert and CV Strategies, Inc. to provide advertising services for the El Paseo Parking & Business Improvement District. ________________________________________________________________________ Recommendation By Minute Motion that the City Council: 1. Approve a one-year extension of Contract No. C37060 to CV Strategies, Inc. to provide advertising services for the El Paseo Parking & Business Improvement District; and 2. Authorize the City Attorney to make non-substantive changes to the contract and the Mayor to execute the agreement on behalf of the City. Funds are available in Account No. 2714491-4321500. Committee/Commission Recommendation At its regular meeting on January 21, 2021, the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors recommended to the City Council that the contract with CV Strategies to represent the district as its advertising agency be renewed for one year. Background Analysis After a competitive selection process and with the full support of the EPPBID Board, the City Council approved a one-year contract with FG Creative for Fiscal Year (FY) 18/19 to provide advertising services for the EPPBID. The contract allows the City the unilateral option, at is sole discretion, to renew the agreement automatically for up to two additional one-year terms. Both of those automatic extensions have been executed. When FG Creative merged with CV Strategies, Inc., on August 1, 2020, the contract was assigned to CV Strategies. The current request is for a third extension, which was approved by Council at its regular meeting on February 11, 2021. The original contract provides CV Strategies a monthly retainer, which includes, but is not limited to, the following services: • Develop an annual budget that includes a comprehensive, strategic and diversified June 24 , 2021 -Staff Report Renew EPPBID Marketing Contract with CV Strategies Page 2 of 2 media plan . • Negotiate , schedule and maintain media buys . • Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan . • Organize and manage two merchant meetings per year. • Manage public relations efforts on behalf of the EPPBID . Hard costs associated with online advertising placement and other media buys are not included in the monthly retainer and are accounted for in Exhibit "C" of the original contract. The total amount of the contract for FY 21 -22 is $250 ,000 . Based on the recommendation of the EPPBID Board , staff recommends renewal of the contract with CV Strategies for advertising services for a one -year period , from July 1, 2021 , to June 30 , 2022 . Fiscal Analysis The cost of the subject contract and media buys are funded through the EPPBID annual assessments collected from district members and there is no impact to the City 's General Fund . Funds are available in Account No . 2714491-4321500 . LEGAL REVIEW DEPT . REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER 'Ji:o&,zt 'UJ. l'v1 ~ A lvo.-ve..z 9-""""e:r m . m()()'l,e, .Jlncfy .J'ires t ine ~~ Martin Alvarez Robert W . Hargreaves Director of Economic Janet M. Moore Andy Firestine City Attorney Development Director of Finance Assistant City Manager City Manager , L. Todd Hileman : L. Toctct HiLe V1.A..C1 v'\- VENDOR: ATTACHMENT: Stephanie D . Greene CV Strategies , Inc . 73700 Dinah Shore Drive Suite 402 Palm Desert, CA 92211 Contract C37063 CITY COUNCIL~pnoN APPROVED _ _,.v ____ DENJED _____ _ RECEIVED ______ QTHER _____ _ MEETING DATE U' lli · Wl:.L AYES:_ ±itlriltrt'v@fiir, r Nes@e,Sru1arao , lkf,f+&ltv NOES.--'--~-~--~-----------ABSENT: __ N_OY\_e __________ _ ABSTAIN: N iY\( VERIFIED BY: IY l 1S /9 5 Ori g inal on File with City Clerk's Office June 24, 2021 – Staff Report Renew EPPBID Marketing Contract with CV Strategies Page 2 of 2 media plan. • Negotiate, schedule and maintain media buys. • Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan. • Organize and manage two merchant meetings per year. • Manage public relations efforts on behalf of the EPPBID. Hard costs associated with online advertising placement and other media buys are not included in the monthly retainer and are accounted for in Exhibit “C” of the original contract. The total amount of the contract for FY 21-22 is $250,000. Based on the recommendation of the EPPBID Board, staff recommends renewal of the contract with CV Strategies for advertising services for a one-year period, from July 1, 2021, to June 30, 2022. Fiscal Analysis The cost of the subject contract and media buys are funded through the EPPBID annual assessments collected from district members and there is no impact to the City’s General Fund. Funds are available in Account No. 2714491-4321500. LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER Robert W. Hargreaves Robert W. Hargreaves City Attorney Martin Alvarez Martin Alvarez Director of Economic Development Janet M. Moore Janet M. Moore Director of Finance Andy Firestine Andy Firestine Assistant City Manager City Manager, L. Todd Hileman: L. Todd Hileman VENDOR: Stephanie D. Greene CV Strategies, Inc. 73700 Dinah Shore Drive Suite 402 Palm Desert, CA 92211 ATTACHMENT: Contract C37063 CONTRACT NO. C37063 CITY OF PALM DESERT EXTENSION TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT MARKETING SERVICES CONTRACT No. C37060 This THIRD EXTENSION (“Extension”) to the CV Strategies Professional Consultant Services Agreement for Marketing Services No. C37060 is made as of June 24, 2021, (“Effective Date”) by and between the CITY OF PALM DESERT, a municipal corporation, organized under the laws of the State of California, having a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the "Authority") and CV Strategies, Inc., a corporation in California with its principal place of business at 73700 Dinah Shore Drive Suite 402, Palm Desert, CA 92211 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties.” RECITALS A. The City of Palm Desert is a municipal corporation, organized under the laws of the State of California. B. The Consultant is engaged in the business of providing professional marketing consulting services to public clients, and has represented to the City that the Contractor is experienced and competent in said business. C. The City and Consultant desire to enter into this Extension to the Agreement. D. The Parties entered into that certain Professional Consultant Services Agreement for Marketing Services Contract No. C37060, by and between the City of Palm Desert and FG Creative, Inc., dated May 24, 2018 (“Contract”). E. Pursuant to the First Extension to the Contract, effective July 1, 2019, the Contract was extended through June 30, 2020. F. Pursuant to the Second Extension to the Contract, effective July 1, 2020, the Contract was extended through June 30, 2021. G. The City assigned Contract No. C37060 to CV Strategies, Inc. on August 1, 2020. NOW, THEREFORE, the Parties agree to amend the Contract as follows: 1. Term. The parties agree that the term ("Term") of the Contract shall be extended, for an additional twelve (12) month term beginning July 1, 2021, and ending June 30, 2022 or to such later date as may be agreed in writing between parties. The Contract allows for an option of an extension based on Contractor’s performance and mutual CONTRACT NO. C37063 agreement, this Extension is the third Contract extension. Any additional extensions will be contemplated based on performance. 2. Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" to this Extension of the Contract, which is attached hereto and incorporated herein by reference. The total compensation shall not exceed $250,000, without authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. All other terms of the Contract to remain unchanged and in full force and effect. IN WITNESS THEREOF, the Parties have executed this third Extension on the date first above written. CITY OF PALM DESERT CV STRATEGIES By: ____________________________ By: __________________________ Kathleen Kelly Stephanie Greene Mayor Principal Attest: M. Gloria Sanchez Acting City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney CONTRACT NO. C37063 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) CONTRACT NO. C37063 EXHIBIT "A" COMPENSATION The CITY's budget for advertising and publicizing the EPPBID's facilities, services and events is established as part of the CITY's fiscal year budget for the period of July 1, 2021 - June 30, 2022 at $250,000. The CITY's liability for advertising materials and services under this Contract shall not exceed the contracted amount of $250,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by this Contract to be undertaken and furnished by CV STRATEGIES, the CITY or its designee, after conferring with CV STRATEGIES, shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment (lump sum or periodic progress payments), the description and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the CITY shall compensate and reimburse CV STRATEGIES as follows: (a) The CITY will pay CV STRATEGIES a flat fee of $2,500 per month to cover advertising services in accordance with the proposal presented by CV STRATEGIES as attached in the Addendum to the EPPBID and/or any marketing mutually agreed to by the parties hereto. The fee covers not less than 40 hours per month; such services include, but are not limited to, meetings, account planning and service, production management, media planning and buying, and clerical. (b) CV STRATEGIES will purchase media at the lowest rate available. All billings will be submitted at net costs for payment by the CITY. CV STRATEGIES will not markup billings or receive commissions. (c) CV STRATEGIES shall bill the CITY monthly for the previous month’s activities. Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation of reimbursable costs and expenses. Payment and reimbursements provided for in this Section 4 will be made in due course by the City of Palm Desert. (d) CV STRATEGIES shall keep full and accurate books of account and records and other pertinent data in accordance with generally accepted accounting principles reflecting all transactions contemplated by this Contract.