HomeMy WebLinkAboutC34641 - Xtnsn FY 16-17 - Marketing SvcsREQUEST:
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CONTRACTOR:
DATE:
CONTENT:
Recommendation
CONTRACT NO. C34641
CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DPARTMENT
STAFF REPORT
AWARD CONTRACT NO. 34641 TO H&L PARTNERS TO PROVIDE
MARKETING SERVICES FOR FISCAL YEAR 2016/17
Thomas Soule, Tourism & Marketing Manager
H & L Partners
June 30, 2016
Contract No. 34641
By Minute Motion:
1. Award Contract No. 34641 to H&L Partners for marketing services for
Fiscal Year 2016/2017; 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.
Executive Summary
The City of Palm Desert entered into a one-year contract with H&L Partners in FY 15/16 to
provide marketing services for the City, as approved by the Marketing Committee. That
contract may be renewed for two additional one-year periods at the option of the City under
the same terms and conditions and at the same rates. In all cases, the agreement renewals
must be approved by the City Council. Staff is seeking approval of the first one-year
renewal.
Backqround
H&L Partners has provided marketing services for the City of Palm Desert for the past fiscal
year. These services have allowed the City to maintain a robust media presence in our
drive and local markets, both in print and online. In addition, the City has enjoyed great PR
success in partnership with H&L, gaining media exposure value that far outweighs the City's
investment.
Furthermore, H&L Partners have been developing a new ad campaign for the City, which
this contract will allow it to execute. Switching creative agencies at this juncture would be
unwise and could potentially derail the City's current marketing efforts.
Staff Report
Award Contract No. C34641 H & L Partners
June 30, 2016
Page 2 of 2
The agreement provides H&L Partners a monthly service fee of $9,000 which includes the
following services:
• Strategic Planning
• Account/Brand Management
• Media management and reporting (placing ads, monitoring effectiveness, making
adjustments, etc.)
• Pay -Per -Click management, adjustments, and reporting
• Production and distribution of monthly e-newsletter
Hard costs associated with online advertising placement, search engine optimization (SEO),
and pay -per -click (PPC) are not included in the monthly service fee and are included within
the marketing department's budget request for fiscal year 2016/17 under "media buys" at
approximately $500,000. H&L Partners offers creative and production services outside the
scope of the contract at an hourly or per project rate.
Staff recommends renewing the contract with H&L Partners for marketing services for a one
year period, fiscal year 2016/17.
Fiscal Analysis
Approval of this contract would ensure continued exposure for Palm Desert as a tourism
destination in a variety of marketing/advertising venues. This contract would impact the
general fund by $108,000 exclusive of media buys, production, public relations, and creative
expenses. Funds have been budgeted in FY 2016/17 for this purpose and are available in
Account No. 1104417-4309000
Submitted By:
Thomas Soule,
Tourism & Marketing Manager
Reviewed:
Lvt�_U_
Jane Moore, Director of Finance
Approved:
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J in McCarthy,
Interim City Ma
ger
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Ma
Director ofEconomic Development
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CONTRACT NO. C34641
MARKETING SERVICES AGREEMENT
This Marketing Services Agreement ("Agreement") is entered into this 301h day of
June, 2016, by and between the CITY OF PALM DESERT, a municipal corporation,
("CITY") and H & L PARTNERS, hereinafter referred to as ("AGENCY"). The CITY and
AGENCY are sometimes collectively referred to as "Parties" and individually referred to
as "Party." The Agreement is made in light of the following recitals:
RECITALS
A. CITY desires to engage AGENCY to prepare, develop, and implement certain
advertising and marketing programs for the CITY.
B. AGENCY desires to strategize, prepare, develop, and implement such programs for
the CITY.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in
light of the above Recitals, which are hereby made a part of this Agreement, the Parties
hereby agree as follows:
AGREEMENT
1. Term. The term of this Agreement shall commence on July 1, 2016, and end on
June 30, 2017, and may be renewed for one additional one-year period at the option
of the City under the same terms and conditions and at the same rates. In all cases,
the Agreement renewals shall be approved annually by the City Council and
sufficient appropriations shall have been made for the particular fiscal year for which
the renewal is sought.
2. Scope of Services. Subject to the terms and conditions of this Agreement, AGENCY
shall conduct marketing tactics, analysis and program implementation including, but
not limited to:
a. Services to be rendered by Agency pursuant to this Agreement shall be
performed in coordination with City staff. The Agency will submit to City in
writing for approval of all media recommendations including advertising plans,
media schedules, and cost estimates prior to buying and placing
advertisements. City will specify criteria and approve each advertisement and
media placement and will not be limited in placing advertisements
independently outside of this Agreement.
CONTRACT NO. 34641
b. Media Planninq: media strategies and analysis, target audience analysis and
research; product demographic research and circulation analysis; client
consultation; reach and frequency estimates (size of audience reached by
plan); special event/promotional strategies; PSA and partnership opportunities;
return on investment (ROI) analysis.
C. Neaotiatinq, Schedulinq, and Maintaininq Media Buvs: Ratings analysis; spot
rotation analysis; added value (contracted and tracked); invoice audits which
match spot time, dates, costs, and commercial numbers with original buy
schedule; tear sheets required before payment on print advertising; make
goods/credits (negotiated if media ran incorrectly); post -buy analysis/estimate.
Media will be purchased at the lowest rate available. Any added value received
from media purchases, including, but not limited to bonus advertising, e-blasts,
promotional and online opportunities, and advertorial, will be passed on to the
City at no additional cost.
d. Media Administrative Services: record keeping; flowcharts; budget recaps;
billing; processing payment; maintaining media buy schedules; buy
confirmations; tracking make goods and credits; trafficking of creative materials.
e. Options: For any other services not specified in this Agreement, for which the
City Manager or designee has provided advance written approval, the City will
pay the agreed upon Agency fee. Agency shall provide documentation to the
City supporting all expenses incurred in furnishing these other services.
f. Account management and consulting services related to all City of Palm Desert
marketing and advertising programs.
g. Develop a strategic advertising plan and annual budget in accordance with the
guidelines established by the City and its Marketing Committee. The proposed
advertising budget shall not exceed $400,000.
h. Improve the volume and quality of traffic to the City's web site via search
engine optimization efforts. Analyze results, make recommendations based on
those results, adjust SEO based on those results, and report results.
Pay -per -click management, recommendations, adjustments, and reporting.
Development of a monthly e-newsletter, including design, content, database
management, distribution and results tracking. Use Exact Target or similar
service for distribution.
k. Ensure that all work performed on behalf of the City of Palm Desert be billed to
the City at net amounts.
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CONTRACT NO. 34641
I. Work closely with members of City Staff, Marketing Committee, as well as other
City contractors and vendors as required.
M. Establish acceptable timetables for all marketing, advertising, and special
projects produced on behalf of the City.
n. Evaluate all proposals submitted to the City and issue recommendations based
on cost, validity, and perceived benefits to the marketing/advertising objectives
of the City.
o. Provide monthly reports summarizing project activities and achievements of all
services outlined in this scope of work. More extensive quarterly reports may
also be required.
p. Attend a Marketing Committee meeting to present reports as needed (minimum
of one per year).
q. Maintain regular communication with City staff including the hosting of bi-
weekly telephone conference calls.
r. Provide development and creative services as needed and under separate
agreement.
S. Development and implementation of a public relations program for
consideration outside of this contract.
t. Develop, manage and deploy programs that support digital efforts and
encourage use of Palm Desert digital resources (e.g. website, social media,
etc).
U. Plan, organize and oversee special requests or projects assigned by the City.
This could include development of a media plan for a city -sponsored event.
If for any reason one or more of the above listed items are found to be unnecessary
during the course of this agreement, CITY reserves the right to adjust fees, including the
AGENCY's monthly fee, and reapply those fees to either an alternate item contained
within the Scope of Work or a special project as determined by CITY.
Agency 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
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addition, Agency 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 Agency's indemnification of City, and prior to commencement of Work,
Agency 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 satisfactory to City.
3. Insurance:
General Liabilitv insurance: Agency 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, including without
limitation, blanket contractual liability. Defense costs shall be paid in addition to the
limits. The policy shall contain no endorsements or provisions limiting coverage for
(1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; or (3) contain any other exclusion contrary to the Agreement.
Automobile Liability Insurance: Agency 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 Agency 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.
Professional Liability (Errors & Omissions) Insurance: Agency shall maintain
professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of $1,000,000 per claim
and in the aggregate. Any policy inception date, continuity date, or retroactive date
must be before the effective date of this agreement and Agency agrees to maintain
continuous coverage through a period no less than three years after completion of
the services required by this agreement. Covered professional services shall
specifically include all work to be performed under the Agreement and delete any
exclusions that may potentially affect the work to be performed (for example, any
exclusions relating to lead, asbestos, pollution, testing, underground storage tanks,
laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis,
the retroactive date shall precede the effective date of the initial Agreement and
continuous coverage will be maintained or an extended reporting period will be
exercised for a period of at least three (3) years from termination or expiration of this
Agreement.
Workers' Compensation Insurance: Agency shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Agency shall submit to City, along with the certificate of insurance, a
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Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers,
agents, employees and volunteers.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional
insureds under the Agency's policies, or the Agency shall be responsible for causing
Subconsultants to purchase the appropriate insurance in compliance with the terms
of these Insurance Requirements, including adding the City as an Additional Insured
to the Subconsultant policies. Agency shall provide to City satisfactory evidence as
required under Insurance Section of this Agreement.
Proof of Insurance: Agency 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 endorsement
must be approved by City's Risk Manager prior to commencement of performance.
The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. 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 Coveraqe: Agency 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 Agency, his agents, representatives, employees or subconsultants.
City's Riqhts 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 Agency or
City will withhold amounts sufficient to pay premium from Agency 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 in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VI (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 Subroqation: 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 Agency or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss.
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Agency hereby waives its own right of recovery against the City of Palm Desert, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
Enforcement of Contract Provisions (Non Estoppel): Agency acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Agency of
non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
Primary and Non-Contributinq Insurance: All insurance coverages shall be primary
and any other insurance, deductible, or self-insurance maintained by the indemnified
parties shall not contribute with this primary insurance. Policies shall contain or be
endorsed to contain such provisions.
Requirements Not Limitinq: 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.
Notice of Cancellation: Agency 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 liability, Automobile Liability, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the City of
Palm Desert and its officers, officials, employees, and agents 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 liability policies.
Citv's Riaht 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 Agency ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Agency, the City and Agency may
renegotiate Agency'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.
Timelv Notice of Claims: Agency shall give City prompt and timely notice of claims
made or suits instituted that arise out of or result from Agency's performance under
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CONTRACT NO. 34641
this Agreement, and that involve or may involve coverage under any of the required
liability policies.
Safety: Agency shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Agency 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: Agency 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.
4. Compensation. Prior to performing any services or furnishing any material
contemplated by this Agreement to be undertaken and furnished by AGENCY, the
CITY or its designee, after conferring with AGENCY, shall authorize the services
rendered and materials to be furnished, the agreed compensation to be paid for
these services, the manner of payment, the description of the 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 AGENCY as follows:
a. The CITY will pay AGENCY a monthly fee of $9,000.00 to cover services
outlined in Section 1. The Parties estimate that AGENCY will provide an
average of approximately seventy (70) hours per month of services; the actual
number of hours provided in a given month may be more or less than seventy
(70), but over the 12 month period of the Agreement, hours of services shall not
exceed eight hundred (850).
b. Any work outside the scope contained in this Agreement, including but not
limited to public relations services, design work, video production, etc. will be
determined by an agreed upon project fee.
c. AGENCY will purchase online media at the lowest rate available. All billings will
be submitted at net costs for payment by the CITY. AGENCY will not markup
billings or receive commissions.
d. CITY shall pay AGENCY the fee as outlined in Section 3a at the beginning of
each month for the prior month. Each invoice shall contain, in reasonable
detail, the projects and services worked on and rendered with supporting
documentation or reimbursable costs and expenses for the previous month's
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activities. Payment and reimbursement will be made in due course of payment
by the CITY.
e. AGENCY shall keep full and accurate books of accounts and records and other
pertinent data in accordance with generally accepted accounting principles
reflecting all transactions contemplated by this Agreement.
5. Termination. Either Party may terminate this Agreement at any time by giving the
other Party thirty (30) days written notice of its intent to terminate, provided,
however, the CITY's obligation to compensate and reimburse AGENCY for services
rendered or materials furnished or contracted for as of the date of notification by
either Party of the election to terminate, shall continue in accordance with the terms
herein.
6. Owner of Work. Once Agency is paid in full, all art work, advertisement of any form,
online content, or other materials ("Advertising Materials") shall be property of the
CITY subject to any third party ownership and/or use restrictions. AGENCY
specifically transfers any "right of reproduction" as defined by California Civil Code
Section 982 and Section 988 to the CITY and its assigns. Advertising Materials are
governed by the following Selections:
a. To the extent applicable, AGENCY agrees that all Advertising Materials created
for the CITY are considered "work made for hire" as defined in the United
States Copyright Act, Title 17, United States Code. Notwithstanding the
foregoing, AGENCY may use and disseminate any Advertising Materials
developed by AGENCY for the CITY to promote AGENCY, including disclosure
of the Parties' relationship to others, work performed, and projects developed
and/or implemented.
b. Notwithstanding the foregoing, all software applications, databases, computer
programs (including source code and object code for any such programming),
and executable code (collectively "Code") as well as other creative content and
materials in existence prior to this Agreement (or created outside the scope of
this Agreement) and all Code or portions thereof developed or provided by
AGENGY hereunder, excluding any materials provided by the CITY ("Agency
Property"), shall remain the sole and exclusive property of AGENCY. Upon full
payment of all sums due and owing to AGENCY, AGENCY hereby grants a
fully paid -up perpetual, non-exclusive, non -transferable license to the CITY to
use internally and only for the benefit of the CITY such Agency Property solely
as integrated into the Advertising Materials. For clarity, it is understood the
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AGENCY shall own all modifications, improvements or enhancements to the
Agency Property and any and all Code utilized by AGENCY, or made available
by AGENCY for use by the CITY, that is not integrated within the Advertising
Materials, may not be used by the CITY after the term of this Agreement except
pursuant to a separately negotiated license agreement.
c. Notwithstanding the foregoing, any Advertising Materials prepared or proposed
by AGENCY but not produced and published or broadcast within the term of
this Agreement, and any Advertising Materials prepared or proposed by
AGENCY and rejected by the CITY, shall remain property of AGENCY, which
shall have the right to use same as it sees fit, including use for any other client,
provided such use shall not involve the release of any confidential information
regarding the CITY's business or methods of operation.
7. Confidentiality. Each Party (the "Recipient") shall take reasonable steps to protect
proprietary and confidential information and materials (hereinafter "Confidential
Information") provided by the other Party or its representatives (the "Discloser") from
improper disclosure. Confidential Information shall not include information previously
known to Recipient or materials to which Recipient had access prior to the provision
of such information or materials by Discloser; information or materials that are now
or later become publicly known; or information or materials provided to Recipient by
a third Party not bound by a duty of confidentiality to Discloser. Recipient shall
inform Discloser of all inquiries into or requests for Discloser's Confidential
Information by third parties and shall disclose Confidential Information to such third
parties only when legally compelled to do so and after notice to Discloser, or when
so permitted or instructed by Discloser. Notwithstanding any other provision of this
Agreement, Confidential Information shall not include any CITY information or
material that is not conspicuously marked as Confidential Information upon delivery
to AGENCY. Further the CITY acknowledges that the media rates negotiated by
AGENCY on behalf of the CITY are protected by AGENCY as trade secrets and are
not generally known by the public or AGENCY's competitors. The disclosure of rate
information to third parties, including but not limited to any advertising agency or
media planning or buying service, or discussions of these rates with the media by
the CITY, may cause the media to withdraw the rates. AGENCY also agrees to
maintain adequate books and records all works in progress throughout the duration
of this Agreement. Said books and records shall be and remain the property of the
CITY upon the expiration or earlier termination of this Agreement. Within five (5)
days of any expiration or earlier termination of this Agreement, AGENCY agrees that
it shall provide the CITY with the aforementioned books and records.
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8. Mutual Indemnification. Except to the extent caused by a Party's (the "Indemnifying
Party") negligence or willful misconduct, the Indemnifying Party hereby indemnifies
and holds the other Party (the "Indemnified Party") harmless for any loss, costs
(including all reasonable attorneys' fees) or damage suffered by the Indemnified
Party due to, or related to, an material or information furnished by the Indemnifying
Party; materials and/or projects developed by the Indemnified Party in any
advertising or public relations; other material or projects developed for the
Indemnifying Party; or any claims made against the Indemnified Party by a present
or former employee of the Indemnifying Party due to or related to the Indemnifying
Party's investigation or interviewing of such employee, and the results thereof, for
the project.
9. Notices. Whenever it shall be necessary for either Party to serve notice on the other
regarding this Agreement, such notice shall be served either in person, by certified
mail, return receipt requested to the addresses below.
CITY: City of Palm Desert
73-510 Fred Waring Dr.
Palm Desert, CA 92260
ATTN: City Manager
AGENCY: H & L Partners
30 Maryland Plaza
St. Louis, MO 63108
ATTN: Mark Schaeffer
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.
10. Legal Costs. In the event of any legal action between the CITY and AGENCY arising
out of the obligations of the Parties pursuant to this Agreement, the prevailing Party
will be entitled to payment of its costs and expenses, including its attorneys' fees.
11. Bindina Effect; Successors. AGENCY shall not assign or transfer, either directly or
by operation of law, this Agreement or any interest herein without the prior written
consent of the CITY, which may be given in the CITY's sole and absolute discretion.
Any attempt to do so shall be null and void, and any assignees or transferees shall
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acquire no right or interest by reason of such attempted assignment or transfer. This
Agreement shall bind and inure to the benefit of the Parties and their respective
heirs, legal representatives, successors and assigns and all of the Parties thereto
shall be jointly and severally liable hereunder.
12. Counterparts. This Agreement may be executed in counterparts each of which shall
be deemed an original and all of which together shall constitute one and the same
instrument which shall be binding upon the Parties notwithstanding that the Parties
may not be signatories to the same counterpart or counterparts. The Parties may
integrate their respective counterparts by attaching the signature pages of each
separate counterpart to a single counterpart.
13. Further Assurances. Whenever requested to do so by the other Party, each Party
shall execute, acknowledge, and deliver any further conveyances, assignments,
confirmations, satisfactions, release, powers of attorney, instruments of further
assurance, approvals, consents, and any further instruments or documents that are
necessary, expedient, or proper to complete anything contemplated by this
Agreement. In addition, each Party shall do any other acts and execute,
acknowledge, and deliver any requested documents in order to carry out the intent
and purpose of this Agreement.
14. Modifications. All modifications to the Agreement must be in writing and signed by
the Parties.
15.Third-Party Riqhts. Nothing in this Agreement, express or implied is intended to
confer upon any person, other than the Parties and their respective successors and
assigns, any rights or remedies.
16. Govemina Law; Choice of Venue. This agreement shall be governed and construed
in accordance with California law. Venue shall be Riverside County.
17. Severability. If any provision of the Agreement becomes or is declared by a court to
be illegal, unenforceable or void, that clause will be omitted and the remainder of the
Agreement will continue in full force and effect. Such holding shall in no way affect
the validity or enforceability of this Agreement.
18. Entire Agreement. This Agreement is the agreement between the Parties and
supersedes any prior or contemporaneous representations, understandings or
agreements, whether written or oral.
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CONTRACT NO. 34641
19. Non -Solicitation of AGENCY Emolovees. CITY agrees that during the term of this
Agreement and for a twelve (12) month period following any termination of this
Agreement, CITY will not, either directly or indirectly, on its own behalf or on behalf
of its affiliates or other solicit, employ, manage, divert or hire away, or attempt to
solicit, divert or hire away any person who is (or was at any time during the term of
this Agreement or such twelve (12) month period following) employed, contracted or
consulting with the AGENCY. The obligations of this Section shall survive the
termination of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their respective authorized officers or representatives as of the date and year first above
written.
H & L PARTNERS
Mark Schaeffer, President
Date:
(Signature must be notarized)
CITY OF PALM DESERT
A Municipal Corporation
as
Robert A. Spiegel, Mayor
Date:
ATTEST:
in
Rachelle D. Klassen, City Clerk
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