HomeMy WebLinkAboutC37182 FY 20-21 Extension of Marketing Services - IdeapeddlerSTAFF REPORT
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
MEETING DATE: June 25, 2020
PREPARED BY: Thomas Soule, Tourism & Marketing Manager
REQUEST: Extend by one year the contract between the City of Palm Desert
and Ideapeddler to provide marketing services for Fiscal Year
2020/21.
Recommendation
By Minute Motion that the City Council:
1. Extend Contract No. C37182 to Ideapeddler to provide marketing services
for Fiscal Year 2020/2021; and
2. Authorize the City Attorney and the Finance Director to make clarifications
to the contract related to the payment terms and the Mayor to execute the
extension on behalf of the City.
Strateqic Plan Obiective
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.
Background Analvsis
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 Fiscal Year
2018/19 to provide marketing services for the City. The contract allows the City to unilaterally
renew the contract for up to two one-year periods. These services have allowed the City to
maintain a robust media presence in our drive and local markets, both in print and online.
The original contract provides Ideapeddler a monthly retainer of $4,792.26, which includes,
but is not limited to, the following services:
June 25, 2020 — Staff Report
Ideapeddler Contract Extension
Page 2 of 2
• 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 with online advertising placement, search engine optimization (SEO),
and pay -per -click (PPC) are not included in the monthly service fee and are included within
the Marketing Department's budget request for Fiscal Year 2019/20 under "media buys" in
the amount of $409,000. Ideapeddler offers creative and production services outside the
scope of the contract at an hourly or per project rate. An amendment will be prepared to
extend the contract and clarify the payment terms.
Staff recommends extending the contract with Ideapeddler for marketing services for a one-
year period, Fiscal Year 2020/21.
Fiscal Analvsis
Funds for this contract were budgeted for in the FY 20/21 Marketing budget, and are available
in Professional Other Account No. 1104417-4309000. No additional fiscal impact is created
by this request.
LEGAL REVIEW
RWH
Robert W.
Hargreaves
City Attorney
DEPT. REVIEW FINANCIAL
REVIEW
Martin Alvarez
Director of
Economic
Development
City Manager, Lauri Aylaian: 29
ATTACHMENTS: Contract C37180
Janet M. Moore
Director of
Finance
ASSISTANT
CITY MANAGER
N/A
Andy Firestine
Assistant City
Manager
CIiY Of PRIM 0ESER1
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6i i
info@cityofpalmdesert.org
September 13, 2018
Ideapeddler, LLC
3012 Corbin Lane
Austin, Texas 78704
Dear Sir or Madam:
Subject: Contract No. C37180 — Marketina Services for Fiscal Year
2018-2019
At its regular meeting of June 28, 2018, the Palm Desert City Council, by Minute Motion:
1) Concurred with the Marketing Committee's recommendation and awarded subject
contract to Ideapeddler, LLC, Austin, Texas, for marketing services from July 2018
through June 2019 in the amount of $92,560.80, which includes $68,560.80 for
marketing services plus reimbursement in an amount not to exceed $24,000 for travel
costs; 2) authorized the City Attorney to make non -substantive changes to the contract
and the Mayor to execute same on behalf of the City.
Enclosed is a fully executed Agreement for your records. If you have any questions or
require additional information, please do not hesitate to contact us.
Sincerely,
CITY CLERK
RDK/mgs
Enclosure (as noted)
cc/enc: Thomas Soule, Tourism & Marketing Manager
Finance Department
�� PRINiEO ON RE(Y(LEA PPPEA
CONTRACT NO. C37180
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
MARKETING SERVICES
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of June 2018, by and between
the City of Palm Desert, a municipal corporation, organized under the laws of the State of
California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert,
California, 92260 ("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."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional marketing consulting services required by the City on the terms and conditions
set forth in this Agreement. Consultant represents that it is experienced in providing
professional marketing consulting services to public clients, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such professional marketing consulting
services for the City's tourism and general marketing ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional marketing consulting services
necessary for the Project ("Services"). The Services are more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference. All Services shall be subject to,
and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
CONTRACT NO. C37180
3.1.2 Term. The term of this Agreement shall be from July 1, 2018 to June
30, 2019, unless earlier terminated as provided herein. The City shall have the unilateral
option, at its sole discretion, to renew this Agreement automatically for up to two consecutive
one-year terms by providing at least 60 days prior written notice. Consultant shall complete
the Services within the term of this Agreement, and shall meet any other schedules and
deadlines agreed upon the parties in writing.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Pavment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others
during the term of this Agreement. Any additional personnel performing the Services under
this Agreement on behalf of Consultant shall also not be employees of City and shall at all
times be under Consultant's exclusive direction and control. Neither City, nor any of its
officials, officers, directors, employees or agents shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents, except as set forth in this
Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel
in connection with their performance of Services under this Agreement and as required by
law. Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding,
unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform
the Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner. Upon request of City, Consultant shall provide a more detailed schedule of
anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence. In the event that City and Consultant cannot agree
as to the substitution of key personnel, City shall be entitled to terminate this Agreement upon
written notice. The key personnel for performance of this Agreement are as follows: Cimin
Ahmadi Cohen, Principal/Media Director; Ed Cohen, Senior Account Director/Creative
Strategist; Andrea Foertsch, Senior Art Director.
3.2.5 Citv's Representative. The City hereby designates Thomas Soule,
Tourism & Marketing Manager, or his/her designee, to act as its representative in all matters
pertaining to the administration and performance of this Agreement ("City's Representative").
Consultant shall not accept direction or orders from any person other than the City Manager,
City's Representative or his/her designee. City's Representative shall have the power to act
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CONTRACT NO. C37180
on behalf of the City for review and approval of all products submitted by Consultant, but not
the authority to enlarge the Scope of Work or change the total compensation due to
Consultant under this Agreement. The City Manager shall be authorized to act on City's
behalf and to execute all necessary documents that increase the Scope of Work or change
the Consultant's total compensation, subject to the provisions contained in Section 3.3 of this
Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates Cimin
Ahmadi Cohen, or her designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full
authority to represent and act on behalf of the Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using
his/her best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the Services
under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
other staff as needed, given reasonable notice.
3.2.8 Standard of Care; Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subconsultants shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subconsultants have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, and that such licenses and approvals shall
be maintained throughout the term of this Agreement. Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to correct
material errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project, a threat to the safety of persons or property, or any employee
who fails or refuses to perform the Services in substantial accordance with this Agreement,
shall be promptly removed from the Project by the Consultant and shall not be re-employed
to perform any of the Services or to work on the Project.
3.2.9 Laws and Reaulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA requirements,
and shall give all notices required by law. Consultant shall be liable for all violations of such
laws and regulations in connection with Services. If Consultant performs any work knowing
it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible
for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees, agents, and volunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
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CONTRACT NO. C37180
3.2.10 Warrantv Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES
HEREIN, CONSULTANT MAKES NO WARRANTIES WHATSOEVER. CONSULTANT
EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. CONSULTANT DOES NOT GUARANTEE ANY SPECIFIC RESULTS OR THAT THE
SERVICES PROVIDED HEREUNDER WILL BE ERROR FREE OR UNINTERRUPTED.
3.2.11 Insurance.
Consultant shall not commence work under this Agreement until it has provided evidence
satisfactory to the City that it has secured all insurance required under this section. In
addition, Consultant shall not allow any subconsultant to commence work on any subcontract
until it has provided evidence satisfactory to the City that the subconsultant has secured all
insurance required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of Work,
Consultant shall obtain, provide and maintain at its own expense during the term of this
Agreement, policies of insurance of the type and amounts described below and in a form that is
satisfactory to City.
General Liability Insurance. Consultant shall maintain commercial general liability insurance
with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not
less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO "insured contract" language will not be
accepted.
Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as
broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with Work to be performed under
this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than $1,000,000 combined single limit for each accident.
Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers.
Umbrella or Excess Liability Insurance.
Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance
requirements. In such circumstances, Consultant may obtain and maintain an umbrella or excess
liability insurance policy with limits that will provide bodily injury, personal injury and property
damage liability coverage at least as broad as the primary coverages set forth above, including
commercial general liability and employer's liability. Such policy or policies shall include the
following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies; and
• Policies shall "follow form" to the underlying primary policies.
• Insureds under primary policies shall also be insureds under the umbrella or excess
policies.
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OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers'
compensation. Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of insurance shall be kept
on file with City at all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coverage. Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or
in connection with the performance of the Work hereunder by Consultant, his/her agents,
representatives, employees or subconsultants.
Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any
insurance or self-insurance procured or maintained by City shall not be required to contribute with
it. The limits of insurance required herein may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to
contain a provision that such coverage shall also apply on a primary and non-contributory basis
for the benefit of City before the City's own insurance or self-insurance shall be called upon to
protect it as a named insured.
City's Rights of Enforcement. In the event any policy of insurance required under this
Agreement does not comply with these specifications, or is canceled and not replaced, City has
the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by
City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay
premium from Consultant payments. In the alternative, City may cancel this Agreement.
Acceptable Insurers. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance or is on the List of
Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or
appointed officers, agents, officials, employees and volunteers, or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and
volunteers, and shall require similar written express waivers and insurance clauses from each of
its sub -contractors.
Enforcement of Contract Provisions (non estoppel). Consultant acknowledges and agrees
that any actual or alleged failure on the part of the City to inform Consultant of non-compliance
with any requirement imposes no additional obligations on the City nor does it waive any rights
hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits contained in
this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver
of any coverage normally provided by any insurance. Specific reference to a given coverage
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CONTRACT NO. C37180
feature is for purposes of clarification only as it pertains to a given issue and is not intended by
any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Consultant maintains higher limits than the minimums shown above, the City requires
and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City.
Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers
to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a
ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional Insured Status. General and automobile liability policies shall provide or be endorsed
to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will
be in compliance with these requirements if they include any limiting endorsement of any kind
that has not been first submitted to City and approved of in writing.
Separation of Insureds. A severability of interests provision must apply for all additional insureds
ensuring that Consultant's insurance shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies)
shall not contain any cross -liability exclusions.
Pass Through Clause. Consultant agrees to ensure that its sub -consultants, sub -contractors,
and any other party involved with the project who is brought onto or involved in the project by
Consultant, provide the same minimum insurance coverage and endorsements required of
Consultant. Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Consultant agrees that upon request, all agreements with consultants, sub-
contractors, and others engaged in the project will be submitted to City for review.
City's Right to Revise Specifications. The City reserves the right at any time during the term of
the contract to change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City and Consultant may renegotiate Consultant's
compensation.
Self -Insured Retentions. Any self -insured retentions must be declared to and approved by City.
City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced
by a deductible. Self-insurance will not be considered to comply with these specifications unless
approved by City.
Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or
suits instituted that arise out of or result from Consultant's performance under this Agreement,
and that involve or may involve coverage under any of the required liability policies.
Additional Insurance. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the Work.
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Safety. Consultant shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Consultant shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be performed.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "B" attached hereto and incorporated herein by reference. Based on an
approved annual media budget of $490,000, the total compensation shall not exceed sixty-
eight thousand, five hundred and sixty-one dollars ($68,561) without authorization of the City
Council or City Manager, as applicable, per the Palm Desert Municipal Code. 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).
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
invoice which indicates work completed and hours of Services rendered by Consultant. The
invoice shall describe the amount of Services provided since the initial commencement date,
or since the start of the subsequent billing periods, as appropriate, through the date of the
invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all
non -disputed and approved charges thereon. If the City disputes any of Consultant's fees,
the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice
of any disputed fees set forth therein.
3.3.3 Reimbursement for Exoenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City, or included in Exhibit "B" of this Agreement.
3.3.4 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. Extra Work shall be memorialized by a memorandum of agreement.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant
to Section 3.1.2, the rate set forth in Exhibit "B" may be adjusted each year at the time of
renewal as set forth in Exhibit "B."
3.4 Accounting Records.
3.4.1 Maintenance and Inspection,. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of one (1) year from the date of final payment under this Agreement.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination.
A. City may, by written notice to Consultant, terminate the whole or any part of
this Agreement at any time and without cause by giving written notice to Consultant of
such termination, and specifying the effective date thereof, at least thirty (30) days
before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City,
and Consultant shall be entitled to no further compensation.
B. Consultant may terminate this Agreement upon written notice i) if the City
breaches any of the terms of this Agreement or ii) if the monthly fee payable by the
City falls below $4000.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Work
Product and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen business (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated
in whole or in part as provided herein, City may procure, upon such terms and in such manner
as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: Ideapeddler
P.O. Box 41928
Austin, TX 78704
ATTN: Cimin Ahmadi Cohen
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Thomas Soule, Tourism & Marketing Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 Work Product. Upon payment of all amounts owed under this
Agreement, all records, papers, reports, computer programs, strategies, documents,
opinions, evaluations, ideas, technical data, products, services, processes, procedures
and/or interpretations that Consultant develops solely and exclusively for the City in relation
to providing Services to City (collectively, the "Work Product") will be considered the City's
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sole property. Notwithstanding anything to the contrary in this Agreement, this Agreement
does not give the City any ownership interest: (i) in Consultant's proprietary information, or
processes that it uses with respect to other clients; or (ii) in any third party products (e.g.
software) that Consultant uses in developing its work product. Consultant will b acquiring
ownership interest or other appropriate rights, including copyrights, trade secret, patent and
other intellectual property rights, with respect to any copy, photograph, advertisement, music,
lyrics, or other work or thing created by Consultant or at Consultant's direction for the City
under this Agreement and utilized solely by the City. .
3.5.3.2 Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Work Product either created by or provided to Consultant in connection
with the performance of this Agreement shall be held confidential by Consultant. Such
materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed
to any person or entity not connected with the performance of the Services or the Project.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally
known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity
pertaining to the Services or the Project in any magazine, trade paper, newspaper, television
or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from
the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnitv. To the fullest extent permitted by
law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands,
causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity,
to property or persons, including wrongful death, in any manner arising out of, pertaining to,
or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with the
performance of the Consultant's Services, the Project or this Agreement, including without
limitation the payment of all consequential damages, expert witness fees and attorneys fees
and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.6.2 Additional Indemnitv Obliaations. To the fullest extent
permitted by law, Consultant shall defend, with counsel of City's choosing and at Consultant's
own cost, expense and risk, any and all claims, suits, actions or other proceedings of every
kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors,
9
CONTRACT NO. C37180
officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against City or its directors, officials,
officers, employees, volunteers and agents as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City
or its directors, officials, officers, employees, agents or volunteers as part of any such claim,
suit, action or other proceeding. Such reimbursement shall include payment for City's
attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and
its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials officers, employees,
agents, or volunteers.
3.5.7 Entire Aareement. This Agreement contains the entire Agreement of
the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governina Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision
of this Agreement.
3.5.10 Citv's Riaht to Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assians. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
3.5.13 Construction: References; Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subconsultants of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents, and volunteers
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit, augment,
or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
10
CONTRACT NO. C37180
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third -Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invaliditv; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it
has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the
term of his or her service with City, shall have any direct interest in this Agreement, or obtain
any present or anticipated material benefit arising therefrom.
3.5.19 Eaual Opportunity Emplovment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities
related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that
it is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation, or to undertake self-
insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Aareement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each
Party warrants that the individuals who have signed this Agreement have the legal power,
right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Reauired. Consultant shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior
written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
11
CONTRACT NO. C37180
3.7 Limited Liability. EXCEPT FOR INDEMNIFICATION OBLIGATIONS DUE
TO LIABILITIES TO THIRD PARTIES, NOTWITHSTANDING ANY PROVISION
CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO PARTY TO THIS
AGREEMENT WILL BE LIABLE TO ANY OTHER PARTY TO THIS AGREEMENT FOR
ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
(INCLUDING DAMAGES FOR LOSS OF USE, POWER, BUSINESS GOOD WILL,
REVENUE OR PROFIT, NOR FOR INCREASED EXPENSES, OR BUSINESS
INTERRUPTION) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON
PERFORMANCE OF THIS AGREEMENT UNLESS THE DAMAGES AROSE DUE TO A
PARTY'S GROSS NEGLIGENCE OR WILLFUL BREACH OF THIS AGREEMENT. THE
FOREGOING SHALL NOT LIMIT THE CITY'S PAYMENT OBLIGATIONS UNDER
SECTION 3.3. EXCEPT FOR INDEMNIFICATION OBLIGATIONS, CONSULTANT'S
AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT WILL NOT
EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CITY HEREUNDER OR, WITH
RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT PAID BY THE CITY
HEREUNDER IN THE THREE MONTHS PRECEDING THE INCIDENT.
[SIGNATURES ON NEXT PAGE]
12
CONTRACT NO. C37180
SIGNATURE PAGE TO
PROFESSIONAL
BETWEEN THE
IDEAPEDDLER
CITY OF PALM DESERT
pr Sabby Jonathan
Mayor
Attest:
SERVICES AGREEMENT BY AND
CITY OF PALM DESERT AND
mZ--
4k--h'W1le'-D-.City Clerk
_
Annrnvarl ac to Fnrm-
IDEAPEDDLER, LLC
By:
OCinihZOCohen
Principal
13
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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.
V•U
State of 66ifarigie- �`Gx� )
County of TI o,6I< vv )
On MW 20 4� before me, LI�L't� LADO &V) Nok(L( Podu
!fate Here Insert Name and Title of the Officer
personally appeared C 1 IM'( n A-vw&d-1 I//�c%,c.1r1
Name(s) of Signer(s)
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.
LIZZETTE LOGAN WITNESS my ;hnda and official seal.
.P; �;; Notary Public, State of Texas
Comm. Expires 06-14-2022
�;;��,;:�Notary ID 131605324 Signature _
'f Signature of Wotary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02016 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907
CONTRACT NO. C37180
EXHIBIT "A"
SCOPE OF SERVICES
Digital
• 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.
• Develop, manage and deploy a monthly e-newsletter including design, content
development, database management, distribution, segmentation, tracking, and
optimizations.
• Provide strategic counsel toward furthering the synergy among owned media
channels, including website, social media and e-newsletter.
Media Plan
Develop an annual budget that includes a comprehensive, strategic and diversified
media plan and account management that promotes Palm Desert to its target
audiences, in accordance with direction provided by the City. This media plan is to
include both digital and traditional media, encompassing both the City's tourism (out
of market) ad campaign and its in -market advertising for local community events
such as First Weekend and Concerts in the Park. This media plan should
demonstrate maximum efficiency of spend and a clear ability to measure return on
investment (ROI).
• Negotiate, schedule and maintain media buys in accordance with the approved
media plan. Ensure that all work performed on behalf of the City is billed to the City
at net amounts.
• Provide media administrative services including, but not limited to, record keeping;
flowcharts; budget recaps; billing; processing payment; maintaining media buy
schedules; buy confirmations; tracking make goods and credits; trafficking of
creative materials.
• Attend quarterly Marketing Committee meetings to present reports as needed
(minimum of one per year).
• Evaluate up to 12 media proposals submitted to the City and issue
recommendations based on cost, validity, and perceived benefits to the
marketing/advertising objectives of the City.
• Provide monthly and quarterly reports summarizing project activities and
achievements of all services outlined in this scope of work.
• Submit detailed invoices to include the projects and services worked on or
completed with supporting documentation for the previous month's activities.
• For any other services not specified in this Agreement, for which the City Manager or
designee has provided advance written approval, the City will pay the agreed upon
Agency fee. Agency shall provide documentation to the City supporting all expenses
incurred in furnishing these other services.
To the extent consistent with the City -approved Media Plan, the City appoints Consultant as
the City's exclusive advertising agency in connection with the media placements described
14
CONTRACT NO. C37180
above. The City authorizes Consultant to execute agreements in the City's name and on the
City's behalf to the limited extent that the contracts directly relate to the Services. The City
acknowledges that any third party that receives a copy of this Agreement may rely on
Consultant's authority to execute the agreements referenced in the preceding sentence on
the City's behalf, and any revocation of this authority is not effective as to a third party until
that third party receives actual notice of, the revocation. Even if Consultant does not execute
agreements in the name of and/or on behalf of the City, if Consultant executes an agreement
with a third party for the benefit of the City as part of the Services, the City is ultimately liable
for such agreement. Consultant shall fully indemnify City for any liability deriving from
contracts entered into on City behalf that are not consistent with the City -approved Media
Plan.
15
CONTRACT NO. C37180
Annual Media Budget
0- $500,000
$500,001 or more
EXHIBIT "B"
COMPENSATION
Monthly Fee
1.166% of Media Budget
1.116% of Media Budget
The CITY will pay CONSULTANT a monthly retainer of $5,713.40 for services as outlined in
Exhibit 'A" in an amount not to exceed $68,560.80.
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.
Travel expenses in an annual amount not to exceed $24,000 for visits to Palm Desert required
to fulfill the scope of work will be reimbursed by the CITY to the CONSULTANT at cost. Travel
costs will be reimbursed for travel and lodging 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. Travel costs should not exceed the
per diem rates on a daily basis, as provided by the General Services Administration (GSA)
website. Consultant shall fly coach class on the lowest cost flight(s) available for the most
direct route to the final destination, which could reasonably include scheduled layovers of 1.5
to 2 hours along the route.
All invoices for media, travel, or other approved expenses as outlined in this agreement shall
be due within 30 days of the invoice date.
16
CONTRACT NO. C37180
CONSULTANT'S PROPOSAL
CITY OF PALM DESERT MARKETING RFP
SUBMISSION BY: IDEAPEDDLER,.._
APRIL 18, 2018
_ r i
peddler
SECTION 1 // Why Palm Desert?
SECTION 2 11 Who We Are
SECTION 3 11 Our Philosophy
SECTION 4 // Relevant Work Experience
SECTION 5 11 Our Process: Media
SECTION 6 // Our Process: Creative
SECTION 7 // Our Process: Account Management
SECTION 8 // The Scope: What We Should Do for You
SECTION 9 // Our Strategy for Palm Desert
SECTION 10 /1 Media Cost .Out
SECTION 11 Creative Cost Out
SECTION 12 // Logistics
SECTION 13 // References
page 2
page 3
page 4
page 5
page 11
page 13
page 14
page 15
page 16
page 18
page 19
page 20
page 21
w4r 944ne -P&WIP
I fell in love with palm Desert at an early age. It was a
frequent and beloved destination of our family, as my
grandparents had a home there for many, many years.
Palm Desert signaled a time of respite, of being with
family and having laughs and experiences I would never
forget. The occasion was always marked when we'd drive
into town with the windows down, the night desert
breeze carrying the scent of jasmine through the car.
Then the pink wails of Marrakesh would rise up, going on
forever until we finally entered the gates and turned into
to their garden home, which backed up to the golf course
and a view of the mountains. So many beautiful
memories of mine take place in Palm Desert: Rolling
down the putting green hill with my sister to the back
patio door of my grandmother's house. Staring up at the
San Jacinto mountains, always [creaming of taking the
tramway. Lying in the sun by the pool and gazing up at
the impossibly tali and perfect palm trees.
I learned how to fine dine at the best restaurants
in Palm Desert, I fell in love with the idea of shopping just
by walking down El Pase❑ and seeing how a place can
transform how you feel about yourself entirely. My
grandmother gave us great gifts by teaching us about art
and culture during our time with her there, attending the
theater and strolling through galleries. My favorite spot
had to be The Living Desert, which I visited so often that I
memorized the tour --I eventually worked my way up to
being invited to sit next to the guide in the trams as he
graciously let me parrot his routine, reciting every line by
heart.
Now that I have my own family, it's clear what a
magical place Palm Desert is for multi -generational
travel. The Southern California desert has transformed in
the decades since I was a kid, and it's now even easier for
families to start, extend, or end a vacation in Palm Desert.
I'm passionate about helping Palm Desert extend the
reach of its campaigns to invite visitors to experience its
beauty and make memories that really do last a lifetime.
Cimin Ahmadi Cohen
Principal // Media Director
E: cim1naideapeddler.com
Principal and Media Director, ideapeddler, 2015 to present; Associate Media Director,
Starcom MediaVest Group, 2013 to 2015; Media Supervisor, Mindshare Worldwide/Group
M, 2011 to 2013; Senior Account Manager, Spiceworks LLC, 2009 to 2011; Media Associate,
Starcorn MediaVest Group, 2008 to 2009
Ed Cohen
Senior Account Director // Creative Strategist
T; 773.544,7588 E: ed a ideapeddler.com
Senior Account Director, Ideapeddler, 2016 to present; Chief Marketing Officer, Nine Banded
Whiskey, 2015 to 2018; Chief Marketing Officer, Angel Fire, 2014 to 2015; Vice President of
Marketing, Gatti's Pizza, 2006 to 2009; Managing Director, Fusion 5, 2002 to 2004; Market
Director, MKTG, 1996 to 2002
Andrea Foertsch
Senior Art Director
T: 312.593.1313 E: andrea a ideapeddIer.com
Art Director, Minding Your Business, Inc., 2006 to 2018; Manager of Creative Services, NCH
Marketing Services, 2002 to 2006; Associate Marketing Manager, Amtrak, 1999 to 2000; Client
Service Manager, The Sunflower Group,1996 to 1999
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Raised on social, rooted in traditional. Thinkers and doers sit at the same table. We break the
traditional agency mold —everyone takes personal responsibility for their role and deliverables.
:: We start With the consumer.
We use data and human understanding to get to
the hearts and minds of your visitors. We use
research to illuminate the way and to surprise and
delight guests-
:: We bring everyone on board.
Adding teams to an evolving campaign requires a
nuanced approach. We are skilled marketing
leaders who thoughtfully listen to department
heads to ensure that macro messaging meets
individual tactical needs.
:: We treat your brand like it's our own.
We never half-step. We do things the right way or
not at all. We invest your dollars like they're our
own, because we know that government funding
means that we're accountable to every taxpayer.
We only put you in the best light, with the best
placements, s❑ all of our work is something we're
proud to showcase as having produced.
:: We drive growth.
We measure everything and make meaningful, real-
time optimizations along the way to ensure your
dollars go further. We put heads in beds. We are
focused on the real problems destinations face: not
just branding, but moving the needle in visitor
spending, overnight stays, and hotel occupancy.
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Project Details
Plan and negotiate all paid media efforts on a
national, local, and regional scale across all media
channels for the state of New Mexico. Work to gain
maximum efficiency with the state's limited ad dollars
to correct the misperception that New Mexico is a dry,
barren desert with nothing to do.
Negotiations: Reguiarly achieve between 20-40% price
advantage off rate card for clients based an rigorous
negotiation process and well -fostered relationships.
17% improvement in YoY CPMs achieved for
NMTD in national and local print
Negotiated 54% off of rate card for premium
airport placements in Chicago
35% increase in digital impressions while
simultaneously shifting plan from banners to
premium inventory video
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Project Details
Video Campaigns: Deploy high-level brand awareness
campaigns through cross -channel video placement on
premium, geo-targeted networks including Hulu, NBC
Universal, and local cable buys, as well as cable video -
on -demand and over -the -top.
Social Campaigns: Manage and execute paid and
owned social posting for New Mexico Tourism,
delivering robust engagement and CTRs on paid
posts, driving qualified leads at efficient cost -per -
acquisition rates, and growing the state's Instagram
following by 2x in just one year
Search Campaigns: Ad Words certified. Oversee all
search engine marketing for New Mexico Tourism
programs. Implemented and managed SEM marketing
for Sunrise Springs Resort in Santa Fe, New Mexico,
where we drove over 33% of their online traffic across
39,000 clicks and 3.5MM impressions.
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Project Details
O/A and Results Analysis: Work with best -in -
class verification partners like MOAT and
Flashtalking to provide ad serving, bot and
fraudulent -activity monitoring, and viewability
reporting to ensure that every digital dollar is
spent on actual verified humans. Deliver proof
of performance and launch status documents
at regular intervals during pre- and post -
media launch.
Technical Competencies Demonstrated:
Media Buying
Digital and Traditional Advertising
Project Management
Social Media
Quality Assurance
:: Results Analysis
NMTI) FY17 Spring Simmer Campaign Laurrth Status Report- 24 hour launch report
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Cimin and her team are arnongg
the most knotvledgeable digital
marketers/ know Their keyword
strategies and informative SEINI
reporting were instrumental in
guiding several components of
our overall marketing effort.
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Project Details
Led a design team in the development of a new brand
aesthetic for marketing and sales departments that
was later adopted by all resort business units. This
included the resort's first Brand Guide.
Deliverables: Website relaunch, sales collateral
(brochures, data visualization, presentations), event
posters, web and social ads, F&B menus, special event
table/tent, and managed May -Corn calendar
Technical Competencies Demonstrated:
Project Management
Digital & Traditional Advertising
Social Media
Results Analysis
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Project Details �
Created and executed a destination sales book and
presentation deck for the Dallas Convention and
Visitors Bureau (CVB) salesforce. Each piece
showcased all that Dallas has to offer to the
meetings/convention industry, from the
convention center to a variety of hotels,
restaurants, and sporting events. Developed a
compelling visual identity and standardized
materials to create consistency across markets.
Deliverables: Creative design and production of
bid book and standardized sales presentation for
national sales team.
Technical Competencies Demonstrated:
Project Management
Creative Design
Quality Assurance
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Project Details
Developed rebrand and experience design for a hundred -
year -old trade show, formerly 1HMRS (International Hotel,
Motel + Restaurant Show). Led development of new
brand identity, including renaming the show and new.,•. z. �y- ewtwcoe
logo. Directed the buzz video and acted as account lead mood
for all creative elements of the launch.
Deliverables: New wehsite, emails, print ads, social media,
print and digital creative campaigns and messaging, buzz
video.
Technical Competencies Demonstrated:
Project Management
Creative Design
Digital & Traditional Advertising
Social Media
Quality Assurance
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ASSESS
Understand your goals
and set clear campaign
success metrics
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2 Develop a strategic media
recommendation to align an
budget, timing, target, go -to -
market strategy, media mix,
and KPIs based on the
campaign goals
BUY
6 Once approved, place
media insertion orders
MANAGE
OIA test all placements and 8
tracking, confirm proof of
performance with all partners,
and proactively update clients
on launch status
RECOMMEND
5 Share tactical media
recommendation with
the clients
REPORT
Measure and report
on findings on a
monthly basis
EXPLORE
3 RFP the marketplace
C+7i1FuWI"
NEGOTIATE
4
Negotiate with partners to
deliver the best value on
behalf of Palm Desert
9 Optimize media
plan as necessary to
continue to drive
growth and
efficiency
STEWARD
10 Wrap up
reporting, billing,
and media
actualizations
ongoing
U/�at4t, a4 o* fit?
We subscribe to professional buying software
(STRATA), specifically built to execute local and
regional buys across TV, radio, outdoor and digital.
This ensures your plans are built and bought to
appropriate communication levels and makes billing
a breeze.
We never, take media kickbacks or place buys
based on anything other than what is in your
brand's best interest and makes most efficient use
of your dollars.
We have years of experience managing multi-
million -dollar media budgets for travel and
hospitality brands and can tap into our expertise,
networks, and data to ensure you get the best of
the big -agency process with boutique -agency
nimbleness.
I've tvarked with dozens of media
planl7ers in my career of creating and
glowing 1>>rands, and Cimin is at the top
of the heap! She's a rare talent that is
equally adept at bath high level
strategy and in -the -weeds analytics.
Her collaborates e style at-, boundless
energy make working with, her not ord,'
productive, but an absolute pleasure.
Kale Conn:):I OFvey
Gow prernk: CPIMI�11�
Perform initial review of existing documents,
research, assets, and guidelines, and conduct
stakeholder interviews to understand what's
currently working and what isn't.
21 Develop priority plan to address any upcoming
critical projects by department and cross -
department initiatives.
Design multi -tiered approach to launching
3deliverables to create brand cohesion and minimize
1 confusion. Identify ad -hoc projects that allow us to
transition multiple tools at the same time.
41 Build a toolbox and brand templates while
simultaneously developing an internal design request
portal for larger campaign assets.
Check -ins throughout the project lifecycle to assess
5 success, recommend refinements, and manage
expectations.
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Live Listening Session
This is where we do exactly what it sounds Pike: we
listen. After this Rl"P and pitch process, you'll have
heard enough about what we think. You're the
owners of the brand. We want to know directly from
you what's worked, what hasn't, and how we can
help you bring your vision to reality, address any
pain points, and score wins for the City of Palm
Desert.
Weekly status calls and web -based
project management tools
We streamline costs and bureaucracy by allowing
each department lead to take direct ownership of
their projects. We work holistically on weekly calls
and via transparent collaboration tools to make sure
we're all working on the same projects, at the same
time, and driving towards the same goals.
Quarterly in -{person feedback sessions
We'll set up two-day workshops in person on a
quarterly basis. We'll include a half -day feedback
session where all parties can openly and
productively discuss desired "stop/start/continue"
workflow needs. We'll then get into no-nonsense
collaboration sessions, working together in one
room without distractions to bring results and
efficiency that our other clients swear by.
LizMA
Because of the success of the "So Worth It"
campaign, Palm Desert is simultaneously extending
and evolving the campaign while onboarding
additional departments. This progression includes
enhanced marketing efforts to attract core Southern
California visitors, as well as increasing attendance
for community events and concerts by residents of
the greater Coachella Valley.
Marketing efforts are vital the Palm Desert economy
and should deliver:
increased number of visits
Extended visitor stays
Greater event and concert attendance
Deeper visitor engagement
Fewer, bigger, better
You cannot effectively use a cross -channel media
plan to reach some of the most expensive markets in
the US at under $500K. Any agency that's telling
you differently isn't telling you tha truth. The fact of
the matter is, you can spend as little or as much
money with any given partner ❑r media channel you
want, and the market will take it. Your agency should
be sharing reach and frequency levels for all
channels— TV, print, social, and digital video—t❑
show you if the money you're putting into that
channel is effectively reaching a large
enough percent of your audience to make a dent in
their behaviors. Based on the targeting parameters
available on digital, you will gain the most by shifting
away from print and into more digital video. Even
terrestrial TV, which is a strong medium in general, is
not effective at extremely low and infrequent levels.
Based on this, we recommend slimming down the
partner set and even the number of media channels,
and focusing those dollars into making a bigger
impact.
Syndication of inspirational content
Dissemination of paid, owned, and earned content
that aligns with uniquely ownable experience pillars
is already an area of focus based on the 17/18
Marketing Plan. What we recommend is bringing in
more content sources and extending that content to
more outlets —for example, using an editorial content
creator to create a listicie article about Palm Desert.
That content would then be promoted and shared
across not only the Brightside e-newsletter, social
outlets, and the website, but also given to co-op
partners t❑ share to their networks, and distributed
through paid syndication partners like StackAdapt or
Outbrain (more cost-efficient and mass -reach
versions of Nativo).
Increase quality & quantity of social
The City of Palm ❑esert's social numbers across
Facebook and Instagram show that concerted
effort has been put into increasing follower count.
However, the engagement rates show that your
followers need more consistent and inspiring
content.
Social content should include not only
events and popular places to visit within Palm
Desert but also user -generated content. Leveraging
content from visitors and locals alike (and crediting
them!) is a low -or -no -cost way to enhance your
digital presence. We also have a number of avenues
for sourcing beautiful license -free photos that will
elevate the Instagram feed into something people
feel excited about following.
Your Facebook presence should serve two
main purposes: providing a platform for tactical
event promotion and showcasing inspiring
destination photos and ideas. This can be done
across paid, owned, and earned with partnerships
with First Weekend, Fashion Week El Paseo, and
Palm Desert Food and Wine, among others.
Partnerships should be organized with a succinct
and specific posting calendar. This collaboration
allows partners to leverage the larger "So worth it"
brand, provides high -quality content for your social
channels, and creates continuity across all brand
mentions.
Bring events to the forefront
We know from our experience with other travel
clients that events provide a strong call -to -action
and timely messaging to create urgency around
trip planning. Highlighting the city's first-rate
events across social, newsletters (owned and paid),
as well as radio, can bring in net -new and recurring
visitors for marketable overnights.
Our proposed media mix
Drive qualified traffic to website: Use traveler data to target in -market leisure travelers via video, newsletters,
and social. Measure effectiveness with return -on -ad -spend reports from partners like Sojern or Adara.
Drive e-newsletter signups: A mix of conversion and endemic travel partners will drive to your e-newsletter sign-
up page and optimize targeting based on e-newsletter completes.
Social media engagement: Deploy Facebook and Instagram promoted posts to drive e-newsletter sign-ups, as
well as engagement on event and trip -inspiration content.
Ideapeddler does not necessarily recommend a TV buy for City of Palm Desert. If however, it is a "must -buy"
channel, Ideapeddler recommends a shift from cable to targeted network sponsorship in select markets.
Ideapeddler also does not necessarily recommend
continued presence in the Palm Springs Airport for outdoor
placement, but if it is a "must -buy" has allocated •dollars PMWS
accordingly. JOIN
Digital (including
prerniurn online video
$215,000
52%
and VOD)
Social
$75,000
18%
Search
85,000
21%
Select Network
$25 D00
6%
TV Sponsorships
Outdoor
$10,000
2%
Refreshment, Not Reinvention
Clean lines. Clear visuals. Effortless elegance allows the beauty of Palm Desert to be the star of the
show. We'll work with rising -talent photographers, copywriters, designers, and videographers to
modernize Palm Desert's assets while keeping the core messaging consistent.
SMALL
Collateral/
Production
$75,280
Fees
$142,936
Operations
$7,700
Community
Relations
$80,000
Media Buys
$410,000
Co-ops
$135,000
Special Events
$60,000
Public
Relations
$42,000
Hotel Co-Ops
$200,000
iota)
$1,152,916
Includes all the deliverables
you've asked for in
the RFP
MEDIUM
Collateral/
Production
$212,090
Fees
$165,G56
Operations
$7,700
CoMMUnity
Relations
$80,000
Media Buys
$425,000
Co-ops
$135,000
Special Events
$48,000
Public
Relations
$42,000
Hotel Co-ops
$200,000
Total
$1,315,356
Tier 1 deliverables + content
FAM trip, tradeshow assets, &
event experiential
footprint
LARGE
Collateral/
Produc jpn
w/-r �,W:00
Fees
$202,203
Operations
$7,700
Cammunity
Relations
$80,000
Media Buys
$600,000
Co-ops
$135,000
Special Events
$78,000
Public
Relations
$52,000
Hotel Co-ops
$200,000
Total
$1,631,903
Tier 2 deliverables + websites
content integration,
key influencer
programming & TV media
Fees & Billing
Business Specs
Transparency is one of our core values and it permeates Ideapeddler is a limited liability company based in
all of our client communication, even (and especially!) Austin, Texas, formed in 2011, We are an advertising
around fees. agency and marketing consultancy that provides
Proposed Agency Fees: services related to marketing, media, creative, and
Total contract <$500K : 14% experiential brand marketing. Ideapeddler is a
Total contract $500K-$750K: 13.4°ti certified Historically Underutilized Business (HUB)
Total contract $75OK-$IMM: 13%
Total contract $1MM+: 12.5°%
Billing and 'third Party Costs:
Ideapeddler will bill client monthly against the agreed -
upon retainer and fee schedule outlined in creative
costs, and is due on a net 30. Media will be billed at
time of placement and is due on a net 30. Ideapeddler
operates using sequential liability for media placement:
all payment to vendors For media placed on behalf of
the client will ultimately be the responsibility of the
client (COPI]).
Assumptions & Exceptions
None
in the state of Texas.
Response to Contract Terms and Conditions
I accept the terms and conditions set Forth in the
RFP Sample Contract (Exhibit A) and offer no
additional and/or alternate terms.
Signed April 17th, 2018
Cimin Cohen, owner, Ideapeddler, LLC
Jordan Guenther
Former Tourism Marketing Director, New Mexico
Tourism Department — 2.5 years
Currently Director of Marketing, Indian Pueblo
Cultural Center
2401 12th St. NW
Albuquerque, NM 87104
JGuenther a indianpueblo.com
505.212.7032
Katie Connolly Olivey
Marketing Strategist/Consultant for the New Mexico
Tourism Department -- 3 years
Katie Connolly & Associates, LLC
3245 W. Main St., Suite 235-198
Frisco, TX 75034
katie u.kconnollyassoc.com
214.850.3370
Wendi Ge{found
Former Marketing Director, Ojo Caliente Resort/
Sunrise Springs Resort - 1 year
Currently Area Director of Marketing at The Howard
Hughes Corporation, Hospitality Division
Two Hughes Landing
179❑ Hughes Landing Blvd., Suite 600
The Woodlands, TX 77380
wendi a bigwinc.com
281.719.6100
Michael Carr
Director of Marketing, Microsoft Office - 2 years
1 Microsoft Way, Redmond, WA 98052
miccar a microsoft.com
425.882.8080
SECTION 1 1/ QUESTION 2 // Why Palm Desert?
page 2
SECTION 2 11 QUESTIONS 1+12+14 1/ Who We Are
page 3
SECTION 3 II QUESTION 5 II Our Philosophy
page 4
SECTION 411 QUESTION 7 11 Relevant Work Experience
page 5
SECTION 5II QUESTION 17II Our Process: Media
page 11
SECTION 6 // QUESTION 19 // Our Process: Creative
page 13
SECTION 7 // QUESTION 8 // Our Process: Account Management
page 14
SECTION 8 /1 QUESTION 3 // The Scope: What You Need From Us
page 15
SECTION 9 // QUESTIONS 4+6 // Our Strategy for Palm Desert
page 16
SECTION 10 11 QUESTION 16 11 Media Cast ❑ut
page 18
SECTION 11 // QUESTION 18 II Creative Cost Out
page 19
SECTION 12 // QUESTIONS 10+11+9+15 // Logistics
page 20
SECTION 13 // QUESTION 13 // References
page 21
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