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HomeMy WebLinkAboutC37060 - EPPBID Advertising Svcs CONTRACT NO. C37060 STAFF REPORT CITY OF PALM DESERT ECONOMIC DEVELOPMENT DEPARTMENT MEETING DATE: May 24, 2018 PREPARED BY: Thomas Soule, Tourism & Marketing Manager REQUEST: APPROVAL OF CONTRACT WITH FG CREATIVE, INC. FOR ADVERTISING SERVICES FOR THE EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT Recommendation By Minute Motion that the City Council: C37060 1. Approve the award of Contract No. to FG Creative, Inc. from, July 2018 through June 2019 in the amount of $235,000 that includes $24,000 for advertising consulting services for the El Paseo Business Improvement District and a reimbursement in an amount not-to-exceed $211,000 for advertising production; and 2. Authorize the City Attorney to make non-substantive changes to the contract and the Mayor to execute the agreement on behalf of the City. Funds are available in Account No. 2714491-4321500. Committee/Commission Recommendation At its regular meeting on April 19, 2018, the El Paseo Parking & Business Improvement District (EPPBID) Board of Directors recommended to the City Council that FG Creative be awarded the contract to represent the district as its advertising agency. Executive Summary City Council approval will authorize the mayor to execute Contract No. C37060 with FG Creative to provide advertising/marketing services for the EPPBID, based on the recommendation of the EPPBID Board of Directors. Discussion: The El Paseo Parking & Business Improvement District is required this year to go out to bid for advertising services for the District. The contractor for this account is responsible for overseeing the marketing and public relations plan for the EPBID, web page oversight, internal merchant communications and event duties. A Request for Proposal (RFP) was May 24, 2018 — Staff Report Approve EPPBID Marketing Contract with FG Creative Page 2 of 2 advertised in The Desert Sun, on the City's website and posted for the required amount of time per the City's purchasing procedures. Five agencies submitted proposals: Agency Location Monthly Retainer FG Creative Palm Desert, CA $2,000 Cord Media Palm Desert, CA $2,900 Desert Publications Palm Springs, CA ' $3,000 Klick Communications Santa Monica, CA $8,167 T.E. Digital • Irvine, CA $8,250 A subcommittee of the board reviewed all proposals and narrowed the field to three finalists based on the following criteria: • Qualifications of the Firm • Management Approach • Proposed Services • Completeness of Response The complete board interviewed the three finalists in a noticed Study Session on April 18, 2018. At the regular EPPBID board of directors meeting on April 19, 2018, the board voted 4-2, with members Christine Stein and Susan Stauber voting nay, to recommend to the City Council an award of the contract to FG Creative, Inc. Therefore, staff recommends that City Council authorize the Mayor to execute a contract with FG Creative, Inc. Fiscal Analysis Funds are available in Account No. 2714491-4321500. LEGAL REVIEW I DEPT. REVIEW FINANCIAL REVIEW I CITY MANAGER 11/./1 4) Robert W. Martin Alvarez � '1 2 Hargreaves Director of Economic Janet Moore Lauri Aylaian _ . City Attorney Development Director of Finance City Manager VENDOR: Stephanie D. Greene FG Creative, Inc. 74-020 Alessandro, Suite E Palm Desert, CA 92260 ATTACHMENT: Proposal Agreement • ewe _ ._A., .... - _-. f ,.,. -'- _ ter' ,. 714,..., -7-'1"'llailr. - .- _ . - _,:,,-- — _-_, - "'-- -' .-I.;;;.' l.°'------- . -----P-r 748, ' 41111M111111Pr .., . ._ . CREATIVE .. , . ...... . _A , .... A r:easonec ' Team . A Successfu Approach . A . PERSPECTIVE • .. ......, EXPERTS IN MARKETING 74020 Alessandro Dr., Suite E., Palm Desert, CA 92260 • 760.773.1707 • FGCreative.com EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing COVER LETTER OF TRANSMITTAL PROPOSAL 1 . Agency Information 2 2. Key Personnel 3 - 4 3. Experience 5 - 9 a. Current Clients b. Past Clients c. Related Experience d. FGC Associations e. Previous Projects 4. Rates 10 5. Special Considerations 11 - 13 APPENDIX "A" Proposed Marketing Plan 2018-201 9 APPENDIX "B" FG Creative — Client Samples • 11 i - EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing • FG Creative, Inc., founded on October 2, 2002, is a 100% woman-owned S-type Corp registered in California, with offices in Palm Desert and a satellite site in Orange County. • FGC is a full-service marketing/advertising/digital/PR/media firm, specializing in all forms of traditional and leading-edge marketing strategies and tactics, including brand development & management, budget development & oversight, websites, graphic design, media planning and digital/social media. • FGC provides results-oriented marketing solutions for a variety of local and regional clients in many industries (please see the enclosed client list). We research new tactics, best practices and demographic input for clients to stay ahead of changing marketplaces and trends. • FGC has developed and maintains deep, mutually-beneficial longstanding relationships with a wide range of integral resources including local media, GPSCVB, Chambers of Commerce, professional organizations, municipalities and vendors. • FGC is a leading local media-planning firm, successfully negotiating and creating partnerships for clients that leverage expenditures with added value that increases reach and effectiveness to expand small budgets with significant results. Many of these programs are uniquely or exclusively available to our agency. FGC has managed all aspects of the EPPBID marketing efforts since 2002. 4 4 The team has consistently adopted new outbound marketing tactics, provided 1 more services and oversight than the fee structure covers, and acted as an in- house marketing department that oversees all aspects of account management, representing EPPBID both professionally and personally. 111111r ~ t .i �4,/i r r 7 ' h1 .. { - rifrLi -. , lel EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Mvrkeling • Stephanie Greene / CEO, Senior Strategist & Account Manager: Main account liaison, retail-marketing specialist. Experience includes advertising agencies, shopping centers, attractions/tourism, Native American casinos, municipalities, real estate, medical, and business-to-business. Certified Marketing Director/ICSC. • Jeff Day/ Creative Director: The creative force and brand creator for FGC clients since 2002, including all campaigns and graphics for EPPBID. 4 • Tricia Witkower / Content Management Director: Content creator, engagement oversight, social media strategist and liaison to 1 It f EPPBID merchants. t. • Chelsea Van Es / Online Media Director: Internet specialist in building and maintaining websites, SEO, creating and managing digital campaigns and social platforms. Pt.,/ • Natalie Berg / Social and Account Coordinator: Assisting with all social media and account management. • Tolle Rosa / Public Relations Manager: • .1 ,.1 Publicity management and online PR content creation and interactio " 4'h social and other digital platforms. • • Cindy Czarnowski / Office Manager: • For EPPBID, manages Merchant database and outreach, media and all invoice billing reconciliations, and account support. 3 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES t1. - i. STEPHANIE GREENE ANDREA CARTER CEO.Shnteoic Murk:• ca $lratogi:Consuirom ,. Direrlor •1 ... . ,. . ., ‘,„, . .... . . TRICIA WI11 owER JEFF DAY '-CHRIS CLEMENS Caren!Mnrkeling Dire dor Creative p'7 :: • :•der Pubiir Ilerrafibn,SpAr•uhst ri Jr am_ Al .i .; :. CHELSEA VANE -- FE'1WAY . - - TALIE ROSA 'birarciior of CommuDity Reknlions Pu. ', Rachman; • iiic, 111 HATA-LIE 6ERG Social MadiafAuourrl Caordirwtar r ;y _ 4 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing 3. EXPERIE FGC's client history encompasses 15 years of working closely with the clients listed below and many others, including over 100 prestigious awards and accolades (many for EPPBID), plus the experience and expertise from past associations and work history. Every member of the FGC team has served on various boards and given a combination of time, treasure and talent to many worthy local and national groups. A. ,CURRENT CLIENTS _ El Paseo Shopping District (EPPBID) Arrowhead Regional Medical Center Okura Robata Grill & Sushi Bar Pokehana Fresh Crafted Poke Family YMCA of the Desert Palm Desert Aquatic Center Palm Desert First Weekend City of Palm Desert - Various Projects Swing N' Hops Event (COPD) Joshua Tree Gateways Communities Friends of the Desert Mountains J Russell! The Solon Palm Springs Speaks - Speaker Series Desert Cancer Foundation Dr. Correon Foundation Town of Yucca Valley Barton CPA & Barton Advantage Yellow Cab of the Desert Cabot's Pueblo Museum Pastry Swan/Fix City of La Quinta Desert Regional Medical Center Palm Springs Art Museum The Living Desert Zoo & Gardens McCollum Theater City of Indian Wells/Vue Bar & Grille Heather James Fine Art Bighorn Golf Club & Community Westin Mission Hills Augustine Casino Mitch's on El Paseo Big Rock Pub/Indian Springs Golf Club 0 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Mari4etmg - C ; T ■ 'AST EXPERIENCE - Stephpni: Cr.�e,ne :, ` InterCommunicationsinc. City of Palm Springs/PS CVB Fashion Island/The Irvine Companies Tustin MarketPlace Westminster Mall Spotlight 29 Casino • Leadership Coachella Valley; Stephanie Greene - presenter and graduate (Class of 2007) • Palm Desert Area Chamber of Commerce • Greater Coachella Valley Chamber of Commerce • AAF Ad Fed • Greater Palm Springs Convention and Visitors Bureau • Desert Regional Concierge Association • ICSC — Certified Marketing Director Designation • Coachella Valley Women's Business Center— presenter & supporter • Women Leaders Forum ti • I ip41 Ii. +Y • • i I'I. ^3 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing X. PREVIOUS PROJECTS 1 . EL PASEO PBID ■ 2002-Present Contact: Thomas Soule, City of Palm Desert * 760-837-1660 • 2002-2003: In the first year, FGC developed a new tagline, branding campaign, new merchant outreach efforts and a new level of engagement. The media plan encompassed radio buys, print, and other invasive mediums. Tagline: El Paseo —Treasures Every Step of the Way. • 2003-2013: Each year saw an evolved branded campaign, new media outlets and new efforts to reach affluent locals and visitors, such as in-room TV spots, cab windows, outdoor billboards, and in 2008, the El Paseo page on the all-new social Facebook. Partnerships were created with various high profile events, and Fashion Week was established. • 2013-2014: A new event was created and marketed; First Fridays as a part of the new PD First Weekend promotion. ArtWalk moved to Friday nights, social media had grown to include Twitter and review sites. FGC proposed a summer Co-Op program with the City of PD, which delivered real results. • 2014-201 5: Say hello to Elle, and a completely new approach to the marketing efforts. New media partnerships, online digital advertising, a brag, new radio campaign and fresh, new compelling graphics. And a new partnership with the GPSCVB and Summer Chill, • 2016-2018: Through FCC efforts to create a closer partnership with Palm Springs Life, the campaign becomes an extension of the Catalogue, showcasing a more vibrant El Paseo. Elle continues as a spokesperson on social media, histogram becomes a must, review sites are critical, and the media buy becomes media partnerships with tremendous added value and results. Paseo A te ,a;•a 1 : ; ,l ft u. ` • • I E P P B D PROPOSAL =�� } ADVERTISING AGENCY SERVICES Experts in Marietirtg 2. Family YMCA of the Desert Various Projects and 201 7 Image Branding Campaign Contact: Rob Ballew/Terri Bona * 760-341 -9622 Since 2008, FGC has worked on various projects such as the Annual Hoedown at Sundown, Golf Tournaments and the Y Be Fit PD Challenge, creating logos 41 LOCATIONS and branded graphic elements, assisting with media partnerships and handling social media. In 2017, FGC was awarded the Branding Campaign account that involved the development of a SWOT analysis, a branded image campaign, media buy and partnerships, public relations, social media and all account management. The goal was to elevate the awareness of the YMCA for future DISCOVER Y fundraising for a capital campaign. FGC successfully created the new brandingw. the campaign, leveraged the small media buy into sustaining media partnerships, / Click Here to Discover and delivered measurable results that were showcased by the Annual Campaign raising more money than ever, with a 37% increase. 3. The Living Desert Contact: Mike Chedester * 760-346-5694 Av GET CLO Eki FGC was hired after making a cold call to the Executive }91 • Director, when the zoo had no formal marketing ' g nAHi*.vrtltvnn wane. ...wSir«yone^en, !On Cow.:M.dbn W . department and had never worked with an agency. Within a few weeks, FGC had successfully developed and launched a new award-winning branding campaign, created an integrated media plan and all elements, and brought the 15 departments together in a shared marketing campaign that drove visits up 35% in one month. Over the 6 years, FGC worked in tandem with Living Desert Staff to further gain market share, awareness and surpass all goals. 0 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing 4. City of La Quinta Contact No remaining client contacts familiar with FGC FGC managed and coordinated all marketing efforts for the City, including a new Business Co-Op Advertising program that effectively provided affordable marketing options for all businesses A M - PlOCAMI,kit:,Paz in the City. FGC developed the advertising options, brandedMEM - -~ — graphic design, PR and execution of all co-ops. The overall scope M MEM of the contract included developing a new city brand, all design ' elements, a new tourism website, an app for mobile devices, public �— — relations and social media integration. 5. Arrowhead Regional Medical Center Contact: Zachary Tucker * 909-580-3167 Based on FGC's extensive experience in ,,ARM( 7_ 1. medical marketing, ARMC chose FGC, as the ,11 first-ever outside marketing agency, to oversee �� ;ow* " Saturday,March 17 the creation of a new branding campaign that „ mime emu. amNOM �' ,,:. .. would encompass sub-brands for the service lines, messaging for staff-related initiatives, and Caletqa ?�R71p4ti'FF 1U l consumer outbound marketing to include social --� --�--- �r media, media buys and other methodology. The full service scope of work continues to expand as the hospital faces a changing future, in a regional market with aggressive competition. 0 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing Since 2002, FGC has worked with the City of Palm ❑esert and EPPBID at the lowest rates while providing top-level service, brand development, graphic design, social media and all other account management including special projects at no additional cost. Based on a review of hours spent, FGC has averaged 80+ hours per month while charging for only 40 hours. Moving forward, FGC would propose a complete review and assessment of the budget to focus efforts and funds that deliver measurable results to a refined target market. FGC is proposing a monthly agency fee retainer of $2,000.00 (per month) to cover the following: • Strategic Planning • Media Planning • Administration; billing/invoice reconciliation, monthly and quarterly reports, meeting attendance. • Account Coordination Overall, FGC would recommend the following Budget Allocation: MERCHANT RELATIONS: 13.1 CITY ADMINISTRATION / 11.4% OTHER FEES: SPONSORSHIPS / PARTNERSHIPS: 1111 ADVERTISING ELEMENTS/ PRODUCTION: ACCOUNT MANAGEMENT: 57.1°io ❑UTBOUND MARKETING / MEDIA PLACEMENT (AT NET RATES): EPPBID PROPOSAL ADVERTISING AGENCY SERVICES r , Experts in Marketing IMILA_Worki.ng for Committees: FGC has successfully worked with many clients comprised of multiple stakeholders. It is one of the key strengths of the team, led by Stephanie Greene, that builds consensus and enthusiastic support. Examples include 15 years with EPPBID and other City of PD projects; The Living Desert (comprised of 15 departments); multiple hospital accounts (comprised of services lines, medical directors and administrative senior staff); City of La Quinfa; Palm Springs Art Museum, and many more. B. Shopping Center/Retail Experience, I. FGC has 15 years of working successfully with EPPBID. II, FGC developed, managed and executed a successful Business Co-Op Advertising Program for City of La Quint° for 2+ years, which allowed small businesses to be involved with larger scale advertising efforts. Ill. FGC has handled marketing and events for small retail centers throughout the Valley. IV. Stephanie Greene, a Certified Marketing Director (ICSC) has 15 years of past experience in overseeing all budgeting, marketing, advertising, brand development and merchant/community outreach for a variety of entities including Fashion Island, Westminster Mall, Tustin MarketPlace, Spotlight 29 Casino and Irvine Company Community Retail Centers (18). V The FGC team understands the benefits of leveraging the other marketing efforts of the major players on El Paseo to maximize the messaging and the budget to the best effect. Stephanie Greene has a great deal of experience in developing and managing large-scale events at the shopping centers listed above, as well as event planning with the FGC team for Swing N' Hops for 3 years (City of Palm Desert/PD First Weekend), grand openings for exhibits at The Living Desert, grand opening VIP events for restaurants, and a variety of events on El Paseo over the last 15 years (Concierge events, Merchant Meetings, Merchant Mixers). EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing D. Creativity 8 Innavratior of Des n: I. FGC has been a leading graphic design firm since its inception, winning awards and developing over 100 brands. Known as excellent brand managers, the FGC team understands the importance of consistency, evolution of design and oversight of all elements. Please see SAMPLES in Appendix B. II. FGC has been the brand development and management team for EPPBID since 2002, advocating for consistency with partners, and finding creative ways to incorporate shared photography and assets (Palm Springs Life) to create seamless campaigns. FGC has presented evolved branding ideas such as Elle, travel stories, the blog and expanded social media content and graphics that further communicate the brand messaging. III, Stephanie Greene oversaw all branding and graphics for Spotlight 29 Casino (3 years), which included Jeff Day as the senior designer for all projects and the corporate logo. FGC and senior staff all have experience in working with a variety of government agencies including: I. City of Palm ❑esert: El Paseo PBID, City Projects, Palm ❑esert First Weekend, Palm Desert Aquatic Center. II. City of La Quinta: Overall Marketing and Advertising (7 years), Economic Development, Small Business Co-Op Advertising Program, Resident Communication. III. County of San Bernardino: Arrowhead Regional Medical Center, Hi Desert Medical Center, Joshua Tree Gateway Communities. IV. Town of Yucca Valley: Creating brands for various initiatives. V. Medical/Hospitals: FGC has experience in creating multi-tiered campaigns for hospitals, clinics and medical insurance companies. VI. Native American Casinos: Spotlight 29 Casin❑ (as consulting Marketing ❑irector), Augustine Casino (FGC, 3 years) 0 EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing ; �... F. A Desire to Participate in the EPPBIID Journey: I. FGC has passionately served the EPPBI❑ Board and handled all marketing efforts since 2002 and has not only the desire, but the expertise and the bold new ideas, to continue on this journey. II. The results from the efforts to date are not only compelling in terms of achievement, but many efforts are in the early stages, and FGC definitely would like the opportunity to see these through. Ill. The FGC team is uniquely situated to continue the journey, as we are at the forefront of understanding consumer behavior, the challenges facing traditional retail and shopping districts and our deep knowledge of the So Cal drive-market region and the Coachella Valley. Consumers today are more loyal to businesses that are engaged, local and intuitive. With offices within walking distance, we can continue to provide "boots on the ground" services like no other. IV. Only FGC can continue the cross-promoting efforts with like-minded clients such as First Weekend, Friends of the Desert Mountains, Desert Cancer Foundation and other Valley entities that provide additional outbound messaging to enhance the El Paseo experience. 4,. .. - 'r c.� ,. . . . - . -',"' -- . 4 A . I ) O EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Marketing APPENDIX A FGC ispleased to offer a varietyof new marketingideas for FY 201 8-2019 to showcase our desire to continue working with EPPBID and the Board to drive awareness, revenue and traffic to El Paseo.NOTE: These ideas are for review only and remain the property of FG Creative, Inc, until a signed contract with prospective client is executed. Copyright Pending. FGC would propose a new approach to this important step in the process, by moderating the session in an effort to engage Board members at a strategic level, to determine dear direction for the goals and objectives, the top initiatives and overall focal points for budget allocation. From this meeting, FGC will prepare an in-depth Marketing Plan with strategies, tactics and budget allocations clearly defined to meet all expectations. FGC is anticipating that the overall budget will be decreased,and we are prepared to realign expenditures to maximize all efforts. Based on the outcome of the Planning Session, FGC will present a plan that will include: • A new approach to the Agency Retainer and other agency deliverables that allows the FGC senior team to reduce the fee and focus on overall strategies, pertinent reporting and results, and not on board secretarial and administrative activities • A refined Media Buy/Outbound Marketing Plan (at net rates) that enhances the existing leveraged media partnerships to new levels to continue to produce measurable and relevant results. The focus of the evaluation process will be on mediums here in the Valley (Print/Radio/TV/ Outdoor/Digital/ Social Media/Other) that directly address the core target markets of Tourists (short & long term) and affluent residents in the Valley;plus regional markets when relevant (digital/social media/other), and large events that drive visitors to the Valley (digital/social media/other). EPPBID PROPOSAL y' ADVERTISING AGENCY SERVICES Experts in Marketing • A review and evaluation of proposed Partnerships, Sponsorships and Production expenses to ensure that each area of expenditure continues to be leveraged and maximized. Continue working with Palm Springs Life with the shared photo assets, and other current partners. • Continuation of FGC assessing and negotiating Co-Op Programs to bring the maximum visibility for EPPBID. STEP 3: STRATEGIES & �ACLI -Qutof fihe $a�crF Fe t)y and_E#Fici�n#� Ideas to create multi-level Brand Touch Points are being researched by the team and include, but are not limited to the following sample areas of focus. • Creating Patron Loyalty through Incentives: o Loyalty & Revenue Generation: Develop a Rewards App to be marketed to patrons that will include merchant discounts and a points system that offers rewards at various levels, garnering points for shopping, visiting and engaging with El Paseo marketing efforts. o Website: Update the website to collect Patron Emails and build a consumer database. Continue to include links to various partners and events. o Email Marketing: Create an exciting, action-based monthly E-Blast that includes topics of interest with links and capture touch paints. • Merchant Outreach: Based on FGC's history in working with the merchants, we believe the following tactics will create more engagement and participation from the merchants: a Facebook Group: Replace the monthly request-for-info and distribution of in-store events via an F-Blast with a private Facebook Group where merchants can upload all details, photos and other information. FGC will then repurpose the content as needed for blogs, social media, etc. Current research shows that Private Groups are becoming more popular and utilized by groups with similar interests. EPPBID PR ❑ POSAL ADVERTISING AGENCY SERVICES Experts in Marketing o Merchant Outreach to Consumers: a. Create specific areas on the proposed Rewards App for merchant advertising, specials and have merchants assist with reward fulfillment. b. Further enhance and update the ShopElPaseo.com website so Merchants can upload store events and information. c. Allow interested merchants to participate in the monthly Consumer [-Blast when relevant. o Meetings: Continue to host an informational Marketing Meeting at the start of each season, and a close of season mixer to keep the merchants informed, involved and engaged. • Online Engagement Platforms o Social Media Content - A Refocused Approach. FGC recommends a continuation of the heightened focus on social media and engagement platforms such as Facebook, Twitter, lnstagram, review sites and other new platforms. This includes further refining the content to focus on personalized videos/graphics/photos, interactive sharing of ideas, contests and the added new tactic of "listening" via researching top hash-tags and engaging on multiple posts. The goal is to continue to have the social media efforts produce direct, measurable results. o Increased Budget to Paid Campaigns and Boosted Content: Continue to stay on the leading edge of viable platforms, posting tactics, and other leveraged activities that will make the social media efforts produce direct results o Review Sites: FGC has been overseeing all reviews with personalized responses, updates and overall management. Develop new programs to further enhance the current #2 of Top Things to Do rating on TripAdvisor, the 4.5-star rating on Yelp, and investigate other review sites for oversight as needed. EPPBID PROPOSAL ADVERTISING AGENCY SERVICES Experts in Mariteling • Public Relations: Traditional PR has evolved into generating content on multiple platforms and websites, in conjunction with working with local media in the Traditional manner. FGC would enhance PR to include: o Blog - Evolve the current blog to focus on positioning the trends, finds, and other content so that El Paseo becomes an "Influencer" rather than simply added content. The goal would be to make El Paseo a fashion influencer with a larger sphere of audiences, showcasing the diversity of businesses, events, top picks and more. o Online Content: Generate and post online content to relevant pages, sites, media outlets. o Traditional: Strategize and oversee traditional publicity efforts as needed to secure coverage for events, key shopping seasons, etc. • Partnerships that Enhance & Expand the EPPBID Message FGC would work with the Board to evaluate current and new partnerships to ensure that each one delivers measurable and desired results that enhance the overall marketing outreach and the brand of El Paseo. This includes but is not limited to: o Fashion Week o GPSCVB/Co-Op/Summer Chill o Concierge Association (DRCAy o Outreach to Hotels/Resorts/Short-Term Visitors: Plan an event on El Paseo in conjunction with Concierge Association, Hotel Paseo and Chambers that presents El Paseo to this influencer group. Proposed Creative Concept Current research into shoppers and visitors that make up the core audience for El Paseo shows that this demographic group is responding to marketing efforts that: 66 Seen s on El Paseo " What's happening today, what's coming tomorrow, and what must everyone have or attend or experience. Only on El Paseo, only in Palm Desert. Showcases the EXPERIENCE of the DESTINATION '.\ ,, pill 1""a; PIIIII f�- • f t. w• w c -. i1 } .. -WO ,—aa, �' .. ti. Even Ills nafwss are wlar{ul and faahianable an $srsmti"' *w sncolOti2r Dapper dogs c.v.the ammo too. ■sssnoncA ° ,_�.••�- - ■dogsofinstsgram selpasso asssnenslpasso oslpasso-sad auenandpaeca r-----Through all of the recommendations and tactics outlined above, FGC is pleased to present an evolution to the marketing campaign, that brings in a more personalized, fun aesthetic, (maybe a little retro) to cut through the clutter and showcase the true, unique aspects and personality of all that is El Paseo. w, , -- 4,- „:. ,---- - - ' 4 Features all that they will . 4,24. SEE and DO . . T.1. if they make the trek f` J 1 �n 9lmon E Q3O' \ a1w�t" boaep ° f66k" 1 4e074 w``° floKr -- ter . _ Q N.........›.. Gives a 'i ........ . , ' CALL to ACTION _ ,'i le 41 that is authentic �t,u,on5on and attainable IuenonelPay_i Qpp,n9- ahopp;o9 i " .tom i Research shows that brick-and-mortar retail is declining but not necessarily dying, especially if the brand/destination offers unique finds, an escape from the norm, and things that they would classify NOT as "needs" but RATHER as "wants and desires." And since everything old is new again (vintage fashion, vinyl records, and more), FGC is proposing a blended campaign approach using not only the supplied fashion photos from PSL, but also an increase in the weekly "shots on the street" that feature what's happening NOW that can be tagged, utilized in all efforts. iik." 111Cli!, ., , -e- ilia --,N % ' ' itte F iLH ..3 • i - . 10 I :.(triks't ' li Ilk / i -. `r r 1 IooK;ng°P Y' and on EL 4aaw. 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WERE YOU A Y-KID? • DISCOVER Y - DesertYMCA.org SHARE YOUR STORY at DesertYUrCA.org [he 1 . _ 3,800 KIDS r EVERY DAY 1 LOCATIONS SAVE THE DATE- VALLEY-WIDEIP 2018 VMC4 CH RITY . . ,N i i kr.:, - \ 1 . ., ° ° T°LIRNAMENT Indian welts country Club � DISCOVER YMCA F,V.r YMCA °""`°`HeT DISCOVER YMCA if DesertYµCA.org rAMILY'Mu ar TM D[Srea OasertYMCAorg the V. - . the 1 MR WORT LNIBIS :-. Foil WWI..IAMB fNIa ,„...... f !Iel al r CITY OF PALM DESERT CONTRACT NO. C37060 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 day of , 20 , 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 FG Creative, Inc., a corporation in California, with its principal place of business at 74-020 Alessandro, Suite 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 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, 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 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. 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. Automatic renewal of the contract is not to exceed three consecutive years. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two 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 Payment 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 "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. 3.2.5 City'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 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 Stephanie Greene, CEO, 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 at all times. 3.2.8 Standard of Care; Performance of Employees. 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 Laws and Regulations. 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. 3.2.10 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. 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 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. 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. 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. 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 Two Hundred Thirty-Five Thousand Dollars ($235,000) 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 the rates and manner set forth in this Agreement. 3.3.2 Payment 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 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 authorization from the City Council or City Manager, as applicable, per the Palm Desert Municipal Code. 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 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 three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 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. 3.5.1.2 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. 3.5.1 .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: FG Creative 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, 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 Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. 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 and data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). 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 provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. 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. 3.5.4 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 Attorney'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 Indemnity. 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 Indemnity Obligations. 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, 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 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. 3.5.8 Governing 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 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. 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. 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 Invalidity; 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 Equal Opportunity Employment. 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 Authority 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. 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 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] SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND FG CREATIVE, INC. CITY OF PALM DESERT FG CREATIVE, INC. By: _ By: Sabby Jonathan, Mayor Stephanie Greene, CEO Attest: By: Rachelle D. Klassen, City Clerk City of Palm Desert, California Approved as to Form: Best Best & Krieger LLP City Attorney EXHIBIT "A" SCOPE OF SERVICES • Develop an annual budget that includes a comprehensive, strategic and diversified media plan and account management that promotes El Paseo to its target audience, in accordance with direction provided by the Board. 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. Please note that all buys performed on behalf of the EPPBID must be billed 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. • Develop and implement a monthly merchant outreach program. • Attend and present pertinent updates at the monthly EPPBID Board meetings. • Evaluate all media proposals submitted to the Board and issue recommendations based on cost, validity, and perceived benefits to the marketing/advertising objectives of the Board. • 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. • Develop an annual branding campaign and create all graphic assets as needed to fulfill the media plan and all outbound marketing. To include but not limited to: digital, print, radio and collateral material, and other elements, as mandated by the media plan. • Create a strategic Social Media Plan and manage all aspects of the EPPBID social media channels, including but not limited to Facebook, Instagram and Twitter. • Organize and manage two Merchant meetings per year (Pre-Season and Post- Season). • Develop and implement a program to boost community and tourism outreach, such as a Desert Resort Concierge mixer on the street. • Develop and coordinate a program that offers savings from a majority of El Paseo businesses to consumers, such as an El Paseo Visitor Savings Pass. • Manage Public Relations efforts as needed on behalf of the EPPBID. • Maintain a blog on behalf of the EPPBID. • Update and maintain the EPPBID website monthly. • Agency shall represent EPPBID's voice and vision when working with media partners, in the best interest of the "El Paseo" brand. EXHIBIT "B" SCHEDULE OF SERVICES Ongoing monthly services as directed by the El Paseo Parking & Business Improvement District Board of Directors. EXHIBIT "C" COMPENSATION The CITY's budget for advertising and publicizing the EPBID's facilities, services and events is established as part of the CITY's fiscal year budget for the period of July 1, 2018 - June 30, 2019 at $240,000. The CITY's liability for advertising materials and services under this Contract shall not exceed the contracted amount of $235,000. The CITY reserves the right, at any time during the term or any extension thereof, to adjust the amount budgeted for advertising and promotion services. Prior to performing any services or furnishing any material contemplated by this Contract to be undertaken and furnished by FG CREATIVE, the CITY or its designee, after conferring with FG CREATIVE, shall authorize the services rendered and materials to be furnished, the agreed compensation to be paid for their services, the manner of payment(lump sum or periodic progress payments), the description and estimate of reimbursable expense, and such other matters as may be deemed proper. Subject to the limitations and provisions set forth in this section, the CITY shall compensate and reimburse FG CREATIVE as follows: (a) The CITY will pay FG CREATIVE a flat fee of $2,000 per month to cover advertising services in accordance with the proposal presented by FG CREATIVE as attached in the Addendum to the EPBID and/or any marketing mutually agreed to by the parties hereto. The fee covers not less than 40 hours per month; such services include, but are not limited to, meetings, account planning and service, production management, media planning and buying, and clerical. (b) FG CREATIVE will purchase media at the lowest rate available. All billings will be submitted at net costs for payment by the CITY. FG CREATIVE will not markup billings or receive commissions. (c) FG CREATIVE shall bill the CITY monthly for the previous month's activities. Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation of reimbursable costs and expenses. Payment and reimbursements provided for in this Section 4 will be made in due course by the City of Palm Desert. (d) FG CREATIVE shall keep full and accurate books of account and records and other pertinent data in accordance with generally accepted accounting principles reflecting all transactions contemplated by this Contract.