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HomeMy WebLinkAbout13 C37183 - Ideapeddler Contract ExtensionCONTRACT NO. C37183 STAFF 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 Ideapeddler to provide marketing services for Fiscal Year 2021/22. ________________________________________________________________________ Recommendation By Minute Motion that the City Council: 1. Approve a one-year extension of Contract No. C37180 to Ideapeddler to provide marketing services for Fiscal Year 2021/2022; 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. Strategic Plan Objective The City’s Media Plan supports the following specific objectives from the City’s Strategic Plan: • Tourism & Marketing Priority No. 3–Attract new and developing travel/tourism markets; and • Tourism & Marketing Priority No. 4–Support the City’s tourism industry through enhancement of its marketing efforts with an allocation of additional City resources, the development of partnerships, and coordination of existing efforts. Board/Committee Input At its regular meeting on February 2, 2021, the Marketing Committee enthusiastically and unanimously voted to recommend Council to authorize the extension of Ideapeddler’s contract with the City for marketing services. Background Analysis After an extensive competitive selection process and with the full support of the Marketing Committee, the City Council approved a one-year contract with Ideapeddler in FY 18/19 to provide marketing services for the City, with the possibility of two additional one-year June 24 , 2021 -Staff Report ldeapeddler Contract Renewal Page 2 of 2 extensions . At its regular meeting on February 11 , 2021 , Council authorized staff to move forward with an additional one-year extension , due to extenuating circumstances caused by the pandemic . The original contract provides ldeapeddler a monthly retainer that includes , but is not limited to , the following services : • Develop and execute a Search Engine Optimization (SEO) strategy for the City 's tourism website. Analyze results , optimize based on those results , and report results monthly . • Provide strategic counsel toward furthering the synergy among owned media channels , including website , social media and e-newsletter. • Develop an annual budget that includes a comprehensive , strategic and diversified media plan and account management that promotes Palm Desert to its target audiences . • Negotiate , schedule and maintain media buys in accordance with the approved media plan . • Provide monthly and quarterly reports summarizing project activities and achievements of all services outlined in this scope of work . Hard costs associated the advertising program and associate media plan are not included in the monthly service fee and are included within the Marketing Department's budget request for Fiscal Year 2021/22 under "media buys " in the amount of $409 ,000 . ldeapeddler offers creative and production services outside the scope of the contract at an hourly or per project rate. Staff recommends renewing the contract with ldeapeddler for marketing services for a one- year period , fiscal year 2021/22 . Fiscal Analysis Funds for this contract were budgeted for in the FY 21/22 Marketing budget , and upon approval of that budget will be available in Professional Other Account No . 1104417-4309000. No additional fiscal impact is created by this request. LEGAL REVIEW RH Robert W . Hargreaves City Attorney DEPT. REVIEW fv1 o..,vfi.,i,v A wo.,ve,,z Martin Alvarez Director of Economic Development FINANCIAL REVIEW ASSISTANT CITY MANAGER 9~e::t1-11. 1'1100-t;e, .'A.nay :Firestine Andy Firestine Assistant City Manager C ity Manager, L. Todd Hileman : L. To(i{(i{ HiLen-tlil ~PPROVED_.._ ____ DENIED---1----- ATTACHMENT: Contract C37183 ~s1:1£f~r~~*~ Qu,@ , lkl ;Wei!\('. NOES: \\JD.!)e. I ABSENT: \\[Dne ABSTAIN: NQnt'. VERIFIED_B_Y:_: --:f\J~t):'."':$:--r/ ~S -.r✓VJ~------ Original on File with City Cl~rk's Office CONTRACT NO. C37183 CITY OF PALM DESERT EXTENSION TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT MARKETING SERVICES CONTRACT No. C37180 This THIRD EXTENSION (“Extension”) to the Ideapeddler Professional Consultant Services Agreement for Marketing Services No. C37180 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 "City") and Ideapeddler, LLC, a Texas Limited Liability Company with its principal place of business at 3012 Corbin Lane, Austin TX 78704 ("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. C37180, by and between the City of Palm Desert and Ideapeddler, LLC, dated June 28, 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. 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 agreement; this Extension is the third Contract extension. 2. Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" to this Extension of the Contract, which is attached hereto and incorporated herein by reference. Based on the approved annual media budget, the total compensation shall not exceed the calculated amount as set forth in Exhibit “B” without CONTRACT NO. C37183 authorization of the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. If the Approved Media Budget changes during the year, in no event, including any COVID-19-related budget cuts, will the monthly retainer be less than $2,500. Extra Work may be authorized, as described below, and if authorized, will be compensated at an hourly rate of two-hundred and twenty-five dollars ($225). 3.Reimbursement for Expenses. Reimbursement for expenses shall be as described in the Contract in section 3.3.3, except that Travel Expenses shall be reimbursed as follows: The CITY will pay to the CONSULTANT up to $3,000 for each visit by CONSULTANT for costs related to travel required to fulfill the scope of work during this extension when such travel is authorized in advance by the City’s representative and is completed in a cost-effective manner, generally consistent with the City’s travel and expense reimbursement policy. 4.Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 5.Reimbursement for Media Spend. In conjunction with the Scope of Services listed in Exhibit A, the Consultant has the authority to perform media placement services and place media buys on behalf of the City as authorized by the City. The City shall reimburse the Consultant for all placement fees, charges and expenses made on behalf of the City by the Consultant within 30 days of the invoice by Consultant. 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 IDEAPEDDLER, LLC By: ____________________________ By: __________________________ Kathleen Kelly Cimin Ahmadi Cohen Mayor Principal Attest: M.Gloria Sanchez Acting City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney (BB&K 2019) 72500.00001\32374887.1 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. C37183 CONTRACT NO. C37183 EXHIBIT "B" COMPENSATION The Consultant’s compensation is calculated in accordance with the following table: Annual Media Budget Monthly Fee 0- $500,000 1.166% of the Approved Annual Media Budget $500,001 or more 1.116% of the Approved Annual Media Budget The CITY will pay CONSULTANT a monthly retainer calculated at the beginning of each year based on the above formula for services as outlined in Exhibit “A” of Contract C37180. If any portion of the Approved Annual Media Budget is carried over to another year, CONSULTANT’S Monthly Fee will be based on the current Approved Annual Media Budget not including any carried over budget. During the term of the contract, the Monthly Fee will not be less than $2,500. In the event more than five revisions are requested to the final annual media plan, CITY shall pay CONSULTANT an additional incremental fee in the amount of $1,500 for each such revision. A revision shall include any of the following: a) Plan change that requires a budget adjustment (incremental or budget cut) of 10% or more; b) Additional markets or DMA’s required to be added or removed from the plan; c) A change of more than 10% in the media mix; or d) A publisher or vendor added or removed from the plan after contracts have been issued, with the exception of reasonable digital optimization per the CONSULTANT advisement in monthly analytics reporting. All invoices for media or other approved expenses as outlined in this agreement shall be due within 30 days of the invoice date.