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HomeMy WebLinkAboutC28340 - Nancy J. Friedman Public Relations CONTRACT NO. c28340 PUBLIC RELATIONS SERVICES AGREEMENT 1. Parties: This Agency Service Agreement ("Agreement") is entered into this 1 st day of November, 2008, by and between the CITY OF PALM DESERT, a municipal corporation, hereinafter referred to as "CITY," and Nancy J. Friedman Public Relations, Inc. hereinafter referred to as "NJFPR." 2. Scope of Services:Subject to the terms and conditions of this Agreement, NJFPR shall furnish and provide the following services and materials, including but not limited to those services outlined in the proposal presented to and accepted by the Palm Desert Marketing Committee: (a) Prepare or cause to be prepared comprehensive media relations programs for approval by the CITY or its designee. In connection therewith, NJFPR shall: (i) Work within the approved proposal and schedule as set forth by NJFPR for the period between November 1, 2008, and October 31, 2009, for approval by the CITY or its designee, which proposal and schedule shall include recommendations as to media relations, designated subjects, and coordination of such public relations as it relates to other marketing and advertising activities within the CITY of Palm Desert; (ii) Prepare cost estimates and furnish the same to the CITY, or its designee, for approval; (iii) Implement an ongoing media relations program; (iv) Provide marketing counsel to attach Palm Desert to existing and emerging travel trends and industry programs; 1 CONTRACT NO. c2834o (v) Assist in evaluating existing collateral and press materials; and (vi) Provide news bureau and account support. (b) Furnish or cause to be furnished all required research, writing, editing, and distribution of, and all other details connected with any such requested projects; (i) Evaluate and recommend payment for all expenses incurred for the preparation and distribution of any such projects in accordance with Section 4. (c) Assist in the promotion of such public relations events as the CITY or its designee may request. (d) Any advertising and/or promotional pieces (including but not limited to collateral materials, brochures, website design, and special projects) shall be developed and produced by CITY through an already approved contract with Full Gallop Marketing or its successor. (e) Term: The term of this contract shall commence on November 1, 2008, and end on October 31, 2009. 3. Compensation: Prior to performing any services or furnishing any material contemplated by this contract to be undertaken and furnished by NJFPR, the CITY or its designee, after conferring with NJFPR, 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 NJFPR as follows: 2 CONTRACT NO. c2s34o (a) The CITY will pay NJFPR a flat fee of five thousand dollars ($5,000) per month to cover public relations services and other projects, including but not limited to development and implementation of a comprehensive media relations program, counseling and planning, development of inedia database, and arranging media visits and interviews. (In accordance with the proposal presented by NJFPR to the Marketing Committee and/or any marketing mutually agreed to by the parities hereto). Such services include, but are not limited to meetings, account planning and service, production, management, public relations, secretarial and clerical. The parties estimate that NJFPR will provide a maximum of 35 hours per month of services for each fee. (b) Any work over and above the scheduled $5,000 fee must receive prior approval by the City or its designee. (i) Such work shall be billed at the hourly rate of $350 to all time Nancy J. Friedman will spend related to this matter. The hourly rate of $300 applies to all time NJFPR's Senior Vice President spends, $250 applies to all time the Associate Director spends, $200 applies to all time the Senior Account Executive spends, $150 applies to all time the Account Executive spends and $65 applies to all time Administrative spends. (c) The hourly rates set forth in this paragraph 3B shall apply with respect to all hours expended by such personnel on the services provided by NJFPR under this Agreement, but only to the extent such hours exceed, in the aggregate, 30 hours per month for the Initial Term, and Company has authorized NJFPR to incur such additional hours and expense for the benefit of the Company. 3 CONTRACT NO. c2s34o (d) NJFPR shall bifl the CITY monthly in advance for the coming month's approved activities the fee set forth in 4 a). Each invoice shall contain, in reasonable detail, the projects and services worked on and rendered with supporting documentation or reimbursable costs and expenses. Payment and reimbursement will be made in due course by the CITY. (e) NJFPR 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 and provide the same to CITY upon request therefor. 4. 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 NJFPR 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. 5. Non-Competition: The CITY shall not hire or retain directly any NJFPR employee for at least one (1) year following termination of this Agreement. 6. CITY Approval: The CITY approval for all services, materials and project shall be designated as the City Manager or his designee/representative. 7. Owner of Work: NJFPR specifically transfers any "right of reproduction" as defined by California Civil Code § 982 and § 988 to the CITY and its assigns. NJFPR also agrees to maintain adequate books and records of all works in progress throughout the 4 CONTRACT NO. c2s34o 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, NJFPR agrees that it shall provide the CITY with the aforementioned books and records. 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. NJFPR MARKETING CITY OF PALM DESERT COMMUNICATIONS A Municipal Corporation By: By: (SIGNATURE MUST BE NOTARIZED) Printed Name: Jean M. Benson Date: APPROVED AS TO FORM: ATTEST: David J. Erwin, City Attorney Rachelle D. Klassen, City Clerk 5