The URL can be used to link to this page

Home My WebLink AboutC23413 Promotion of the AB 811 ProgramCITY OF PALM DESERT COMMUNITY SERVICES STAFF REPORT REQUEST: Amend Contract No. C23413 with Full Gallop Marketing in the amount of $33,000 for increased scope of work. DATE: August 28, 2008 CONTENT: Advertising Services Contract Addendum Recommendation: By Minute Motion: 1) Amend Contract No. C23413 with Full Gallop Marketing in the amount of $33,000 for an increase in scope of work, relating to the promotion of AB 811 for Fiscal Year 2008/09; 2) authorize the Mayor to execute the addendum on behalf of the City. Executive Summary: With the passage of AB 811, the City will need additional marketing services for the creation and development of advertising and promotional materials. As to not confuse its residents, it is in the City's best interest to create a marketing campaign that is directly related to the one being implemented for the Set to Save Program. Full Gallop Marketing (FGM) is capable of developing an AB 811 marketing campaign that properly ties together all energy initiatives and best represents the City of Palm Desert. Funds for advertising services and marketing AB 811 have been included in the Department of Energy Managements funding request. Background: FGM has been responsible for establishing the Set to Save Palm Desert Partnership program's identity. The agency created and placed radio and television commercials, developed brochures and collateral pieces that support the program. The look and feel of these promotional pieces reflect the City of Palm Desert's image and yet represent the entire Palm Desert Partnership. FGM is integrally involved in the City's energy initiatives and is the most qualified agency to promote AB 811. Submitted By: Kristy Kneiing Marketing Manager Assistant City Manager Approval: Carlos L. Ora City Manag Or Sheila R. Gilli4an Paul Gibson Director of Finance REGULAR PALM DESERT CITY COUNCIL MEETING SEPTEMBER 11, 2008 XVI. OLD BUSINESS D. REQUEST FOR APPROVAL OF ADDENDUM TO CONTRACT NO. C23413 FOR ADVERTISING SERVICES WITH FULL GALLOP MARKETING TO INCREASE THE SCOPE OF WORK RELATED TO PROMOTION OF THE AB 811 PROGRAM FOR FISCAL YEAR 2008-2009. Rec: By Minute Motion: 1) Approve an Addendum in the amount of $33,000 to the subject contract with Full Gallop Marketing for increased scope of work relating to the promotion of AB 811 for FY 2008-2009; 2) authorize the Mayor to execute said Addendum on behalf of the City — funds for advertising services and marketing of AB 811 have been included in the Department of Energy Management's funding request. Action: Approved the recommendations. 4_1 (Ferguson NO) CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE AYES: F-ner/v, XPfly, Sp/€JC risan NOES: (ergs( u� ABSENT: %\/o - ABSTAIN: AI oyse VERIFIED BY: C010trtcim Original on File with' City Clerk's Office Contract No. C23413 ADDENDUM TO MARKETING SERVICES CONTRACT (Increased Scope of Work) FULL GALLOP MARKETING And CITY OF PALM DESERT This agreement ("Agreement") is made and entered into by and between Full Gallop Marketing ("FGM"), and the City of Palm Desert ("City"), to be effective August 1, 2008. WHEREAS, the City is offering funding under AB 811 to help promote its energy conservation goals and assist residents in becoming more energy efficient; and WHEREAS, the City wishes to promote and market this beneficial program; and WHEREAS, FGM is currently contracted with the City for advertising and promotion, exclusive of energy initiatives; and WHEREAS, this agreement extends the scope of the original FGM contract to include energy promotion; and NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. RESPONSIBILITIES OF THE PARTIES 1.1 Services Performed by FGM: FGM shall spend approximately twenty four (24) hours a month for the period of August 1, 2008, to June 30, 2009. All duties and activities of FGM under this Agreement shall be subject to the oversight of the Palm Desert Office of Energy Management and Marketing departments. 1.2 City Payment: City shall pay FGM a retainer of $3,000 per month, due at the beginning of each month. 2. SERVICES PROVIDED 2.1 FGM Services: FGM shall provide services including, but not limited to the design and creation of art work, collateral materials, and advertisements; and public relations activities, in accordance with those outlined in the original contract. 3. FISCAL 3.1 Pavment/Billinq: FGM shall send an invoice to City for the monthly retainer. Full Gallop Marketing Contract Addendum Contract No. C23413 4. GENERAL PROVISIONS 4.1 Ownership of Materials: Any materials shall remain the property of the City. 4.2 Term: This Agreement shall commence on August 1, 2008, and shall continue through June 30, 2009. 4.3 Indemnification: Each party agrees to fully indemnify, defend and save harmless all other parties, their elected officers, employees, and agents from any and all liability from loss, damage, or injury to property or persons, including wrongful death, in any manner arising out of or incident to the performance of this Agreement, excepting any such liability as may be caused by the fault or negligence of the other party. 4.4 Delivery of Notices: Any notice 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: FULL GALLOP MARKETING 1216 Sandpiper Palm Desert, CA 92260 Attn: Piper Close, President CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: City Manager Such notice shall be deemed made when personally delivered or, if mailed, then two post office business days following deposit in the U.S. mail, first class postage paid and addressed to the party as described above. 4.5 Entire Aareement/Modification: This Agreement contains the entire Agreement of the parties hereto with respect to the subject matter hereof. This Agreement shall only be modified in writing and signed by all parties. 4.6 Counterpart or Duplicate Copies: This Agreement may only be equivalent to a signed original for all purposes. 4.7 Assignment: This Agreement, and the rights, interests, and benefits hereunder shall not be assigned, transferred, pledged, or hypothecated in any way by any of the parties hereto, and shall not be subject to execution, attachment, or similar process, nor shall the duties herein be subcontracted or delegated without the written consent of all parties hereto. Any assignment or delegation of this Agreement to a third party shall be void unless written consent from all parties hereto is obtained. 4.8 Invalidity of Agreement: The unenforceability or invalidity of any section or provision of this Agreement shall not affect the enforceability and validity of the balance of the Agreement. 4.9 Governing Law: This Agreement and its construction and interpretation as to validity, performance and breach shall be construed under the laws of the State of California. Full Gallop Marketing Contract Addendum Contract No. C23413 4.10 Certification of Authority to Execute this Agreement: City certifies that the individual signing below has authority to execute this Agreement on behalf of the City, and may legally bind City to the terms and conditions of this Agreement, and any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to provide additional marketing services. By: Attest: CITY OF PALM DESERT Jean M. Benson, Mayor Rachelle D. Klassen, City Clerk APPROVED AS TO FORM: By: City Attorney By: Attest: FULL GALLOP MARKETING Piper Close, President Full Gallop Marketing Contract Addendum