HomeMy WebLinkAboutA39221 FY 20-21 Palm Desert Aquatic Center (PDAC) Advertising Svcs and AssignmentCONTRACT NO. A39221
STAFF REPORT
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
MEETING DATE: July 9, 2020
PREPARED BY: Thomas Soule, Tourism & Marketing Manager
REQUEST: Extend by one year the contract between the City of Palm Desert and FG
Creative, Inc. to provide Advertising Services for the Palm Desert Aquatic
Center, and consent to the assignment of the contract from FG Creative to
CV Strategies.
Recommendation
By Minute Motion that the City Council:
1. Approve a one-year extension of Contract No. A39220 to FG Creative, Inc. to
provide advertising services for the Palm Desert Aquatic Center; and
2. Consent to the assignment of the contract from FG Creative to CV Strategies, and
3. Authorize the City Attorney to formulate an extension and assignment acceptance
to the contract and the Mayor to execute the extension on behalf of the City.
Funds are available in Aquatic Center Account No. 2424549-4309000 and Advertising
Production Account No. 1104417-4321900.
Background Analvsis
The City oversees marketing for the Palm Desert Aquatic Center (PDAC), and for the past five
years marketing services have been provided to PDAC by FG Creative. FG has done a wonderful
job of marketing the center with a very lean budget of $25,000 for the year.
Last year, after a competitive selection process, the City approved a one-year contract with FG
Creative for Fiscal Year (FY) 2019/2020 to provide advertising services for PDAC. The contract
allows the City the unilateral option, at its sole discretion, to renew the agreement automatically
for up to three additional one-year terms. This would be the first extension of the agreement.
Staff is requesting your approval of extending by one year the contract with FG Creative for a total
amount of $25,000 for FY 2020/21.
Furthermore, partly as a response to the COVID-19 crisis, FGC will merge on August 1, 2020,
with CV Strategies, a local PR firm, to create a new agency that will be able to offer more services
and new areas of expertise. When the merge is complete, staff requests the City Council's
consent to assign Contract No. A39220 to CV Strategies.
July 09, 2020 — Staff Report
Renew PDAC Marketing Contract with FG Creative
Page 2of2
Fiscal Analvsis
Funds have been earmarked for marketing purposes in the Aquatic Center Account No. 2424549-
4309000, and in the Advertising Production Account No. 1104417-4321900 for FY 2020/2021.
LEGAL REVIEW
RH
DEPT. REVIEW
Ma4--i Alvarez.
FINANCIAL REVIEW ASSISTANT
CITY MANAGER
Robert W. Martin Alvarez
Hargreaves Director of Economic Janet M. Moore
City Attorney Development Director of Finance
Citv Manager, Lauri Aylaian:
VENDOR: Stephanie D. Greene
FG Creative, Inc.
73-585 El Paseo, Suite A-1126
Palm Desert, CA 92260
ATTACHMENT: Contract No. A39220
N/A
Andy Firestine
Assistant City Manager
C 1 If Y 06 P 0 [ M 9 1 $ERi
7 3 —5 10 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-25 78
TEL: 760 346-o6i z
info@cityofpalmdesert.org
September 4, 2019
Ms. Stephanie Greene
CEO
FG Creative
74-020 Alessandro, #E
Palm Desert, California 92260
Dear Ms-Geene: E�
Subject: Contract No. A39220 - Palm Desert Aauatic Center Marketinq
Services
Enclosed is a fully executed copy of the subject Agreement for your records. If you
have any questions or require additional information, please do not hesitate to contact
us.
Sincerely,
RACHELLE D. KLASSEN, MMC
CITY CLERK
RDK:mm
Enclosure (as noted)
cc/enc: Thomas Soule, Tourism and Marketing Manager
Finance Department
Ca PRINTED DR AIMED PAPER
CONTRACT NO. A39220
CITY OF PALM DESERT
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this First day of July, 2019, by and between
the City of Palm Desert, a municipal corporation organized underthe laws of the State of California
with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-
2578, County of Riverside, State of California ("City") and FG Creative, a Corporation, organized
under the laws of the State of California, with its principal place of business at 74-020
Alessandro, #E, Palm Desert, CA 92260 ("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 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, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such professional services for the Palm
Desert Aquatic Center (PDAC) project ("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.
3.1.2 Term. The term of this Agreement shall be from July 01, 2019 to June 30,
2020, unless earlier terminated as provided herein. The City shall have the unilateral option, at
its sole discretion, to renew this Agreement automatically for no more than 3 additional one-year
terms. Consultant shall complete the Services within the term of this Agreement, and shall meet
any other established schedules and deadlines.
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
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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 "B".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 Key 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 upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Stephanie Greene.
3.2.5 City's Representative. The City hereby designates Thomas Soule, or
his/her designee, to act as its representative in all matters pertaining to the administration and
performance of this Agreement ("City's Representative"). City's Representative shall have the
power to act 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 which enlarge the Scope of Work or change the
Consultant's total compensation subject to the provisions contained in Section 3.3 of this
Agreement. Consultant shall not accept direction or orders from any person other than the City
Manager, City's Representative or his/her designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Stephanie
Greene, or his/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 at
all reasonable times.
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.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and `expense and without reimbursement from the City, any services necessary to
correct 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 a manner acceptable to the. City, 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 Period of Performance. Consultant shall perform arid,complete all Services
under. this Agreement within the term set forth in Section 3.1.2 above ("Performance. Time").
Consultant shall also perform the Services in strict accordance with any completion schedule or
Project milestones described in Exhibits "A" or "B" attached, hereto, or which may separately
agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees
that if the Services are not completed within the aforementioned Performance Time and/or
pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, -it is
understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Emplovee/Labor Certification. 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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3.2.10.1 Emplovment Eligibility: Consultant. By executing this
Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
and federal law respecting the employment of undocumented aliens, including, but not limited to,
the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status -of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement, and shall not violate any
such law at any time during the term of the Agreement. Consultant shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Consultant shall maintain records of each such verification, and
shall make them available to the' City or -its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Consultant's compliance with the.requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Emplovment Eligibility: Subcontractors. Consultants. Sub -
subcontractors and Subconsultants. To the same extent and under the same conditions as
Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and
subconsultants performing any work relating to the Project or this Agreement to make the same
verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Emplovment. Eligibility; Failure to Comply. Each person
executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer
of Consultant, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub -
subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with
such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in
compliance with such requirements.
3.2.10.4 Equal 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. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
3.2.10.5 Air Qualitv. To the extent applicable, Consultant must fully
comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
providing services, including, but not limited to, emissions limits and permitting requirements
imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more
broad, Consultant shall specifically be aware of their application to "portable equipment", which
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definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -
powered engine. Consultant shall indemnify City against any fines or penalties imposed by
SCAQMD, CARE, or any other governmental or regulatory agency for violations of applicable
laws, rules and/or regulations by Consultant, its sub -consultants, or others for whom Consultant
is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 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. Safety
precautions, where applicable, shall include, but shall not be limited to: (A) adequate life
protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all
employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring; equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.2.11 Insurance.--, .
3.2.11.1. Minimum Requirements. 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 amount§ described below and in a form that is satisfactory to City.
(A). General Liabilitv 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 $1,000,00O.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.
(B) 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. The City's Risk Manger may modify this requirement if it is determined that Consultant
will not be utilizing a vehicle in the performance of his/her duties under this agreement.
(C) 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.
(D) .. Umbrella or Excess Liability Insurance. Consultant may opt
to utilize umbrella or excess liability insurance in meeting insurance requirements. In such
circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance
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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:
(1) 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;
(2) Pay on behalf of wording as opposed to reimbursement;
(3) Concurrency of effective dates with primary policies;
and
(4) Policies shall "follow. form" .to the underlying primary
policies.
(5) Insureds. under primary policies shall also be insureds
under the umbrella.or excess policies.
3.2.11.2 Other Provisions or Requirements. "
(A) 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.
(B) 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.
(C) Primarv/Non-Contributinq. 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.
(D) 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.
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(E) 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.
(F) 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.
(G) 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.
(H) 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 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.
(1) 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.
(J) Additional Insured Status. General liability, automobile
liability, and if applicable, pollution liability and cyber 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 with regard to liability and defense of suits or claims arising out of the
performance of the Agreement, under such policies. This provision shall also apply to any
excess/umbrella liability policies.
(K) 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.
(L) Separation of Insureds. A severability of interests provision
must apply for all additional insureds ensuring that Consultant's insurance shall apply separately
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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.
(M) Pass Throuqh 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.
(N) Citv's Riqht to Revise Specifications. The City or Risk
Manager 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. If the City. reduces the insurance
requirements, the change shall go into effect immediately and require no advanced written notice.
(0) Self -Insured Retentions. Any self -insured retention's 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.
(P) 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.
(Q).. 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 Services.
3.2.12 Water Qualitv Management and Compliance.
3.2.12.1 _. Storm Water Management. Storm, surface, nuisance, or other
waters may be encountered at various times during the Services. Consultant hereby
acknowledges that it has investigated the risk arising from such waters, and assumes any and all
risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws. Ordinances and
Regulations. .Consultant shall keep itself and all subcontractors, staff, and employees fully
informed of and in compliance with all local, state and federal laws, rules and regulations that may
impact, or be implicated by the. performance of the Services including, without limitation, all
applicable provisions of the City's ordinances regulating water quality and storm water; the
Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne
Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or
permits issued pursuant to any such authority. Consultant must additionally comply with the lawful
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requirements of the City, and any other municipality, drainage district, or other local agency with
jurisdiction over the location where the Services are to be conducted, regulating water quality and
storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the work assigned to them
without impacting water quality in violation of the laws, regulations and policies described in
Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and
subcontractors have or will receive adequate training, as determined by the City, regarding these
requirements as they may relate to the Services.
3.2.12.4 Liabilitv for Non-compliance.
(A); . Indemnity: Failure to comply with laws, regulations, and
ordinances listed in Section 3,.2.14.'2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify
and hold harmless the City, its officials, officers, agents, employees and authorized volunteers
from and against any and all claims, demands, losses or liabilities of any kind or nature which the
City, its officials, officers, agents; employees and authorized volunteers may sustain or incur.for
noncompliance with .the laws, regulations, and ordinances listed above, arising out of:or in
connection with the Services, except for liability resulting from the sole established negligence,
willful misconduct or active negligence of the City, its officials, officers, agents, employees or
authorized volunteers.
(B) . Defense: City reserves the right to defend any enforcement
action or civil action brought against the City for Consultant's failure to comply with any applicable
water quality law, regulation, or ,policy. Consultant hereby agrees to be. bound by, and to
reimburse the City for the costs associated with, any settlement reached between the City and
the.relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant's failure to comply with the laws,
regulations and policies described in Section 3.2.12.2 of this Agreement, or. any other relevant
water quality, law, regulation, or policy.
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 "C" attached hereto and incorporated herein by reference. The total compensation shall
not exceed Twenty-five Thousand Dollars ($25,000) without written approval of the City Council
or City Manager as applicable. , Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
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
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -9-
CONTRACT NO. A39220
written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set
forth therein. Consultant shall submit its final invoice to City within thirty (30) days from the last
date of provided Services or termination in accordance with section 3.6.1 and failure by the
Consultant to submit a timely invoice may constitute a waiver of its right to final payment.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" 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 written authorization
from the City.
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 "C" may be adjusted each year at the time of renewal
as set forth in Exhibit "C."
3.4. Labor Code Requirements.
3.4.1 Prevailing Waqes. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., .("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply
with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates
of per diem wages in effect at the commencement of this Agreement. Consultant shall make
copies of the prevailing, rates of per diem wages for each craft, classification or type of worker
needed to execute the Services available to interested parties upon request, and shall post copies
at the Consultant's principal place of business and at the project site. It is the intent of the parties
to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the
Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code
sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the
City, its officials, officers, employees, agents, and volunteers free and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
. 3.4.2 Registration/DIR Compliance., If the Services are being performed on a
public works project of over $25,000 when the project is for construction, alteration, demolition,
installation, or repair work, or a public works project of over $15,000 when the project is for
maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and
1771.1, the Consultant and all subconsultants must be registered with the Department -of
Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project
and require the same of any subconsultants. This project may also be subject to compliance
monitoring and enforcement by the.DIR. It shall be Consultant's sole responsibility to comply with
all applicable registration and labor compliance requirements, including the submission of payroll
records directly to the DIR. Any stop orders issued by the Department of Industrial Relations
against Consultant or any subconsultant that affect- Consultant's performance of services,
including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting
(BBBK 2018)
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CONTRACT NO. A39220
from such stop orders shall be considered Consultant caused delay and shall not be compensable
by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees
and agents free and harmless from any claim or liability arising out of stop orders issued by the
Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 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 Accounting Records.
3.5.1 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 three (3) years
from the date of final payment und,e& this Agreement.
3.6 General Provisions..
3.6.1 Termination of Aqreement.
3.6.1.1 Grounds for Termination. 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 seven (7) 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. Consultant may not terminate this
Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated ' as
provided herein, City may require Consultant to provide all finished or unfinished Documents and
Data 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 (15)_days of the request.
3.6.1.3 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.
3.6.2 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:
(BB&K 2018)
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CONTRACT NO. A39220
Consultant: FG Creative, Inc.
74-020 Alessandro, #E
Palm Desert, CA 92260
ATTN: Stephanie Greene, CEO
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
ATTN: Thomas Soule
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.
3.6.3 Ownership of Materials.and Confidentiality.
3.6.3.1 Documents & Data: Licensing of Intellectual Propertv. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this" Agreement ("Documents & Data"). All Documents & Data shall
be and remain the property of City, and shall not be used in whole or.in substantial part by
Consultant on other projects without the City's express written permission. Within thirty (30) days
following the completion, suspension, abandonment or termination of this Agreement, Consultant
shall provide to City reproducible copies. of all Documents & Data, in a form and amount required
by City. City reserves the right to select the method of document reproduction and to establish
where the reproduction will be accomplished: The reproduction expense shall be borne by City
at the actual cost of duplication. ; In, the. event of a dispute regarding the amount of compensation
to which the Consultant is entitled under the termination provisions of this. Agreement;. Consultant
shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant
shall have no right to retain or fail to provide to City any such documents pending resolution of
the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a
minimum of fifteen (15) years following completion of the Project, and shall make copies available
to City upon the payment of. actual reasonable duplication costs. Before destroying the
Documents & Data following this, retention period, Consultant shall make a reasonable effort to
notify City and provide City with the opportunity to obtain the documents. .
3.6.3.2 .. Subconsultants. Consultant shall require all subconsultants to
agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subconsultant prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to -license any -and all Documents & Data. Consultant makes no
such representation and warranty in,regard to Documents & Data.which were prepared by design
professionals other than Consultant "or its subconsultants, or those provided to Consultant by the
City.
3.6.3.3:.. Right to Use. City shall not be limited in any way in its use or
reuse of the Documents and Data orany part of them at any time for purposes of this Project or
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -12-
CONTRACT NO. A39220
another project, provided that any such use not within the purposes intended by this. Agreement
or on a project other than this Project without employing the services of Consultant shall be at
City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project,
it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless
Consultant and its officers, directors, agents and employees from claims arising out of the,
negligent use or re -use of the Documents & Data on such other project. Consultant shall be
responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only
with respect to the condition of the Documents & Data at the time they are provided to the City
upon completion, suspension, abandonment or termination. Consultant shall not be responsible
or liable for any revisions to the Documents & Data made by any party other than Consultant, a
party for whom the Consultant is legally responsible or liable, or anyone approved by the
Consultant.
13.6:3.4 ... Indemnification — Proprietarv- Information. Consultant; shall
defend, indemnify and hold -.the City,•its.directors, officials, officers, employees, volunteers and
agents free and. harmless, pursuant to the indemnification provisions of this Agreement, for any
alleged infringement of any patent, copyright, trade secret, trade name, trademark; or, any,other
proprietary right of any. person or entity in consequence of the use on the. Project by City of the
Documents & Data, including any .method, process, product, or concept specified or depicted...
3.6.3.5 : Confidentialitv. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input . record data, written
information, and other. Documents & Data 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.
3.6.3.6 Confidential Information. The City shall refrain from releasing
Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel
determines that the release of the Proprietary Information is required by the California Public
Records Act or other applicable state or federal law, or order of a court of competent jurisdiction,
in which .case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written
notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall
indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents
from and against all liability, loss; cost or expense (including attorney's fees) arising out of a legal
action brought to compel the: release of Proprietary Information. City shall not release the
Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to
fully indemnify, defend (with City's.choice of legal counsel), and hold City harmless from any legal
action brought to compel such release; and/or (2) a final and non -appealable order by a court of
competent jurisdiction requires that City release such information.
3.6.4 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,
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -13-
CONTRACT NO. A39220
appropriate or convenient to attain the purposes of this Agreement.
3.6.5 fReservedl
3.6.6 Indemnification.
3.6.6.1 To the fullest extent permitted by law, Consultant shall defend
(with counsel of City's choosing), indemnify and hold the City, its 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
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subconsultants or agents in connection with the performance of the Consultant's Services, the
Project or this Agreement, including without limitation the payment of all damages, expert witness
fees and attorney's fees and other related costs and expenses. Consultant's obligation to
indemnify shall survive expiration or termination of this Agreement and shall not be restricted to
insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees,
agents, or volunteers.
3.6.6.2 If Consultant's obligation to defend, indemnify, and/or. hold
harmless arises out of Consultant's performance as a "design professional" (as that term is
defined under Civil Code section. 2782.8), then, and only to the extent required by Civil Code
section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
3.6.7 Entire Agreement. 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.
3.6.8 Governing.Law: Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in Riverside County. In
addition to any and all contract requirements pertaining to notices of and requests for
compensation -or payment for.:extra work, disputed work, claims and/or changed conditions,
Consultant must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit . against the City. Such Government Code claims and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been. followed by Consultant. If no such Government Code claim is
submitted, or if any. prerequisite contractual requirements are not otherwise satisfied as specified
herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.6.10 City's Right.to Emplov Other Consultants. City reserves right to employ
other consultants in connection with this Project.
(BB&K 2018)
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CONTRACT NO. A39220
3.6.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.6.12 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.
3.6.13 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.
3.6.14 Amendment; Modification. No supplement, modification, or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.15,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.
3.6.16 No Third -Party. Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.6.17 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.
3.6.18 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.'-.
3.6.19 Authoritv to Enter Agreement. 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.
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -15-
CONTRACT NO. A39220
3.6.20 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. 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.
[SIGNATURES ON NEXT PAGE]
(BB&K 201.8)
72500.00001\31605678.1 Rev 11-9-18 -16-
CONTRACT NO. A39220
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF PALM DESERT AND FG
CREATIVE
CITY OF PALM DESERT FG CREATIVE
By: 75� By: �Jl..c•�
-6AORI AfL�AN C6P it REEN
CITY MANGER CEO
ATTEST:
By: -
C CIe .
APPROVED -AS Ta FORM:
B sty st & eger LP
Ckr Attorne
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18
6itE
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 R)
On —C7G)l / VW 20 l , before me, �i%/-�' / , " Notary Public,
personally appeared �Sb�P�� D• $�•r.�.e , 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.
�rrrrrrrrrrrrrorrrrrrrrrirrrrrrrrrraap
R ARTHUR ABRAHAMYAN
a COMM. #2132155
NOTARY PUBLIC
- CALIFORNIA "V
RIVERSIDE COUNTY m
� 11 •M �- � � �
v My Coinmisslon Evlres 10/29/2019
�9rererrrrrrrrrrrrerrr+�°�arrr�i�rrrrrrrR
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
Fj Corporate Officer
Title(s) Title or Type of Document
❑ Partner(s) F Limited'
❑ General Number of Pages
❑ Attorney -In -Fact
❑ Trustee(s)
ri Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
(BB&K 2018)
72500.00001\31605678.1 Rev 11-9-18 -18-
Date of Document
Signer(s) Other Than Named Above
CONTRACT NO. A39220
EXHIBIT " A"
SCOPE OF SERVICES
L.ij+.Z..Jc..J[�a•� - W��.....+.s��:J.i�-IC._.A�.: �J` �`.S`..-....-....a^>.' �� r.--..-..
THE PLAN
CKEATNE
As 1he markefing partner for PDAC over the last 5 years. FGC has been
responsible for deterrnlning and coordinailon all efforts. For 2019-2020, FGC
recommends the following steps:
• Marketing Input Session
Q ;Stakeholders meeting to complete ca SWOT Anahrsis:.
C, Review of past efforts to determine the best use of the static budget: - 5
C. Presentation of a navi marketing rood map.
Evolution of the Brant!
o Update the brand with a new color palette;
Update all assets.
• fresh Approach to Budget Allocations
c Review all cplicris;
Chvase mediums that will partner with PDAC and lavergge the nut's via added
veluc.
(BB&K 2018) Exhibit "A"-1
72500.00001\31605678.1 Rev 11-9-18
CONTRACT NO. A39220
CREkTN'E
m,
FHE GOALS ; (
I
nnrllr�-Mq
Budget: $25,000
. ... . .... . . . ..
THE TARGET& THEMESSAGE CRIATNE
r. — . ..1%
FamMilos
Adulbs",
Location
2 1 -55
I Ratidc-rils
Kid� 0, 5 -
Acf1Vf1 Seniors
oc_ello
C h
• Kid5 6-12
0 Kia� 6-12-
'
Resick-rits,
di Teens
• Teens 13-17 0
Lprig Term Visilcus
Message,
Message.,
Message:
Swim Lessons
Lap Swim
0 In the pearl of the
Frimlly Urne at tho Pool
Exercise Prograrn.
'Valley.
C, Arnenitins
Overall P004
C', All Arnonli;u:i
0 Facility Rentals
Experience
Special Events
C Spociol Progrorns
C Facility Rentals
(BB&K 2018) Exhibit "K-2
72500.00001\31605678.1 Rev 11-9-18
CONTRACT NO. A39220
EXHIBIT "B"
SCHEDULE OF SERVICES
Tr-f E Tip C7iC s
1. CREATIVE
Monthly Account Management
Strategic Planning
C. CWrdinoKon of Iiihol Input Semsiorn, SWC 11 Anoly.*.
Inifial Budget Allocolions: Research options, meetings wilh refis and partners.
pruporntion of Proposed Plon, Frmcnlation, rr:f nc:rncnt through to oppfovdl.
Orm�oinp -)vnrsi$)ht of oM-rove.d Mrnketina Pan.
Public Relations
Development of six press e9orh per year.
Press release; distribution; falow up.
• Media Planning
Incluued in the m6rJhly retainer, whir -ro meciu ccxnrri51iiom..
MONTHLY FEE. $750 - no increase requested
THE PLAN �
Cf'T1+TfvE
tts;
As the marketing partner fox PDAC over the last 5 years, FGC has been
F;`•t;
responsible tot deterrnlning and coordination all efforts. For 2019-2020, FGC
recommends the following steps:
{
• Marketing Input Session
,, Stakeholders meeting to complete a SWOT Analysis;
r, Review of past efforts to determ;ne the best use of the sfotic budget;
! ;
Presentation of o now motketing rood mop.
!
• EVOlUtion of the Brand
C:
o UpG7tP the brand with o new color ncrlette;
Update all assets.
i Y'
• Fresh Approach to iRudget Allocations
C. Rtyrew all eptictri;
'..
n C'ticoae rnediurm tbat will pt;rtner with PDAC and laveroge the ouvs via QddeCi
VC-lue.
(BB&K 2018) Exhibit "B"-1
72500.00001\31605678.1 Rev 11-9-18
CONTRACT NO. A39220
4. Nlc�ailCl BIty' c�Ea �
+ Radio
- Rodio remoins a vloble option in the Coac-,ella Valley:
t
■ Stations are willing to patlnar and leverog3 oudgets.
■ With a Strong call to action• stich Gs event registrations or Citter•dance,
radio remains effective -,vhen used ir, carefully planned flights.
■ The odyition of live remotes directly enrarces the etrect'ven�ss of the
i
radio messci3inq and targets specific demographics,
^ Recommendation
■ Al locale budget c_,fing Fpy events iimos: Surnmer and Spring.
`t '
■ Leverage the buvs to include online wemrte resence and remotes.
■ f -velop a series of radio commercia's that Fvomote the overall amenities
t.'•.:
at POAC, and promote specific events [Swim Lessons. Dive in Movies. etc.]
+ Online Digital
Uilliring targeted outrecch such as audience er.temion (tiveb banners on slles 1hat
target specific detnographics) and d-rect A-ebsite presence wit1) The Dcsert Sun
has resulted In above average clics to the wet -site an direct ROL
Recommendation
■ hlfor_ote rudget d ring key events times; Summer and pr:/�.
r P.ota1c, o series of graphic inesxiges to pxoinott: a vari9ty of Hlernents.
CREATNE
Social Medio Plafform Management (Focebook iwiffer. rns;agrom)
o Content Development, K C will create ongoiN. content to promote the events. tip,
progroms, ernplo)Tnent and other topics throughout the year. r
■ 2 to 3 posts per week, with dieni-supplied phut cdrophy or sourcud stock
photos if needed. f
r
■ C:urot�on of cantent to strategically carnrr...nicote various mezzaging to
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thy forget m=kols.
Engagernentr �C
■ FGC will support Ne client with monoging all engagernerit arvf
interaction.; on all social media p'atfcrir,s..
Social Media - Paid Campaigns
Poy-Per-Uke: Conilnue this program to drive nxore followers to the page, which f
nelps with the optimaation and algorithms.
Boosted PosW Inccrporote paid bGooi to sulacted posts to drive awareness to a ?S`M
rarger ecrcentoge of the Wallas oricourage engaycmeni and clicks to the
weosii U. 'r''"
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(BB&K 2018) Exhibit "B"-2
72600.00001\31605678.1 Rev 11-9-18
CONTRACT NO. A39220
THEBUDGET
11 PROPOSED kARKFnNQ PLAN A TIMEUW--
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(BB&K 2018) Exhibit "B"-3
72500.00001131605678.1 Rev 11-9-18
I
CONTRACT NO. A39220
EXHIBIT "C"
COMPENSATION
The City will pay Consultant a monthly fee of $750.00 for services as outlined in Exhibit "A".
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above
may be increased or reduced each year at the time of renewal, but any increase shall not exceed
the Consumer Price Index, All Urban Consumers, Los Angeles -Riverside -Orange Counties.
(BBBK 2018) Exhibit "C"-1
72500.00001\31605678.1 Rev 11-9-18