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HomeMy WebLinkAboutC31160 Tourism Advertisement Campaign ProductionCITY OF PALM DESERT STAFF REPORT REQUEST: APPROVAL OF CONTRACT NO. C31160 WITH SCOTT BURCH DESIGN FOR CREATIVE DESIGN SERVICES RELATED TO TOURISM AD CAMPAIGN PRODUCTION SUBMITTED BY: Donna Gomez, Visitor Center Manager CONTRACTOR: Scott Burch Design 75-280 Highway 111, Suite 103 Indian Wells, CA 92210 DATE: September 8, 2011 CONTENT: Scott Burch Design Proposal Proposed Contract Recommendation By Minute Motion: 1. Approve Contract No. C31160 with Scott Burch Design for creative design services in an amount not to exceed $5,500; and 2. Authorize the Mayor to execute the contract as approved by the City Attorney. Funds have been budgeted and are available in the Marketing Account No. 110- 4417-414-3219. Background Over the past ten years, the City has undertaken an aggressive, image -awareness campaign. Palm Desert is shifting its marketing focus from an emphasis on branding to advertising specific calls to action. To that end, the City is seeking the development of a new advertising campaign that is creative, action -oriented, and reflective of the brand. The Marketing Committee at its meeting of May 18, 2010, unanimously approved a RFQ for creative advertising services on a project basis. Thirteen proposals were received and a Marketing subcommittee selected three agencies for final interviews: Off Madison Ave, Greenhaus, and Scott Burch Design. Pricing for the top three proposals was as follows: Off Madison Ave (Phoenix, AZ) $24,875 Scott Burch Design (Indian Wells, CA) $5,500 Greenhaus (San Diego, CA) $20,000 Staff Report Scott Burch Design Contract No. C31160 September 8, 2011 Page 2 of 3 Selection methodology included a review of not only cost, but creativity, experience, strategy, and vision for the Palm Desert brand. At a special meeting in June 2010, the three finalists presented their ideas and concepts to the Marketing Committee. In an effort to blend local services with online testing expertise, the Committee voted to recommend the campaign presented by Scott Burch Design with additional online services offered by OMA for advertising testing and website integration. However, this arrangement could not be negotiated, as OMA requires several campaigns in order to test which is the most successful, and cannot test just one creative message. The item was reconsidered at the subsequent Marketing Committee meeting in July. The Committee reviewed the options and after much discussion, voted to recommend four campaigns by OMA with the final campaign being selected after significant online testing of each one. The Committee was attracted to the multiple creative campaigns offered by OMA and the ability to test each online against the other to gauge which attracted the most viewership. At its meeting of July 27, City Council continued this item and the program was delayed for several months during a review and transition within the marketing department. Over the last several months much input and brainstorming has occurred with the Marketing Committee and through strategy meetings held with Palm Desert hoteliers and retailers. This input has resulted in the development of a Marketing Plan that incorporates new marketing concepts, target markets, and messaging. This new direction generated additional review of the creative proposals with the Marketing Committee reconsidering this item at its July 19, 2011 meeting. By a unanimous vote (with two abstentions), the Marketing Committee endorsed its original decision to contract with Scott Burch Design. If the contract is approved, staff intends to work closely with the Committee and Scott Burch Design to develop an ad campaign that addresses the needs of our target markets and brand messaging goals. Working with Scott Burch will provide the following advantages: • Understands the Coachella Valley market • Supports a local business • Readily available access to vendor during the creative process • 1/3 the price of the alternative choice (OMA) • Qualified and proven ability — good references G \rda\Agenda Items\2011\9-8-11\Scott Burch Design Services Staff Report 9-8-2011 FINAL. doc Staff Report Scott Burch Design Contract No. c31160 September 8, 2011 Page 3 of 3 Fiscal Analysis Approval of this agreement will allow staff to move forward with a new tourism advertising campaign. The cost of this one-time project is $5,500, well under the budgeted $25,000 for creative ad design services, Account No. 110-4417-414-3219. Submitted By: :e Department Head: PA McCarthy, ACM for_,Rodepelopment CITYCOUNCILAC TON Approval: APPROVED ✓ DENIED RECEIVED OTHER TME,E,,TTINC D TE: F i� n M. Wohlmuth, CityManager aJa� NOES:�/1�. g ABSENT: _1� ZIn ABSTAIN: - VERIFIED BY: - Original on File with City Clerk Office G \rda\Agenda Items\2011\9-8-11\Scott Burch Design Services Staff Report 9-8-2011 FINAL doc CITY OF PALM DESERT SCOTT BURCH DESIGN KRISTY KNEIDING 75-280 HIGHWAY 111 SUITE 103 73-510 FRED WARING DRIVE, INDIAN WELLS, CA 92210 PALM DESERT, CA 92260 PROJECT INFORMATION JOB TITLE: SEASONAL AD CAMPAIGN DEVELOPMENT PROJECT SCOPE Scott Burch Design will develop a full scale print advertisement campaign for the City of Palm Desert that will consist of four individual ads. This campaign will will promote specific calls to action with the primary subject matter revolving around seasonal happenings and activity for residents and visitors throughout the City of Palm Desert. Each ad will contain specific, individual messaging (both visual and written), but will overlap in overall theme and their specific calls to action. Design Et Copywriting Scott Burch Design will present 3-5 initial concepts for the campaign that will demonstrate the use of photography, graphic treatments, balance of copy vs. visuals, and headline treatments that will be integral this campaign. Once a concept is selected by the Client for development, Scott Burch Design will begin an in depth exploration of photography, and will begin crafting appropriate headlines and supportive copy for each individual ad. All copy developed for this campaign will reflect strategic positioning and creative collaboration with the Client Resizing Upon finalization of each ad, Scott Burch Design will resize each (ad) up to seven times for placement in eight distinct publications as specified by the Client. This project will be developed in 4 Phases. *Please note that the phases apply to each individual ad. Phase I Scott Burch Design will demonstrate the basic balance of parts for the ad in three distinct configurations. Shown during this phase will be type selection, use of accent colors, volume of text, quantity of photography, and overall graphic treatment. The Client will select one of three (to five) designs for refinement during Phase II. Phase II A first draft of copy and actual photography will be incorporated into the ad design selected by the Client during phase I. Revisions will be requested by the Client and processed by Scott Burch Design for presentation during Phase III. Copy/messaging will also be refined for final presentation during the next phase. Phase III Final/approved copy will be rendered within the ad layout, along with all design revisions requested by the Client during Phase II. Client is to request all final design changes during this phase. Phase IV The final ad will be presented to the Client for their records, and artwork will be supplied the appropriate publication. The approved ad will also be resized up to seven times for placement in subsequent publications. COST Total: $5,500 DELIVERABLES (4) Individual Ads for the City of Palm Desert Seasonal Ad Campaign (28) Ad resizes (7 subsequent resizes per ad, upon approval of artwork) ESTIMATE DATE 1 6/2/2010 DUE DATE A 50% deposit is required before the commencement of work. PAGE 1 2 of 3 JOB NUMBER I CPD2646 PO TIMING Work will commence upon receipt of the signed contract and required (50%) deposit. Scott Burch Design will require 3-5 business days for the development of 3-5 initial concepts for presentation to the Client. PLEASE NOTE A signed, original contract is required to be on file with Scott Burch Design before completion of this project. PAYMENT SCHEDULE 50 % Deposit Due Before Commencement of $2,750.00 50 % Due Upon Completion $2,750.00 TOTAL $ 5, 500.00 ESTIMATE DATE 1 6/2/2010 DUE DATE I DISCLOSURE PAGE 1 3 of 3 JOB NUMBER I CPD2646 PO I GENERAL For Scott Burch Design to adhere to the proposed timeline and budget, it is imperative that the Client maintains timely, and thorough, communication throughout this project. If Client fails to meet timeline specifications, Scott Burch Design reserves the right to charge additional time at our project rate. Any subsequent changes that are made to this project's scope, deliverables or timeline will require cost reevaluation. Pricing and statements listed in this estimate are considered null and void after 15 business days. All jobs are closed and invoiced for work -to -date every 60 days. PRINT All additional rounds will be billable at an hourly project rate, which will be added onto the final invoice. Any changes desired after sign off of final review will incur charges. If the project is terminated at any time, all charges incurred up until the date of termination will still apply. RUSH All projects that have a turn around time within 48 hours is considered a rush. Rush charges will be added to estimate based on a 20 percent of the total project cost. PAYMENT NOTES Please make all checks payable to Scott Burch Design, Inc. We also accept credit cards. A swipe fee of 4% will be added to the total amount due. A finance charge of 1.5% will be added to all balances over 30 days. ACCEPTANCE In order for design to commence, and for Scott Burch Design to adhere to the timeline, client must sign and�� fax/email a copy of this estimate to Scott Burch Design; 760.406.4240. Your signature creates a binding contract between Scott Burch Design and City of Palm Desert and constitutes acceptance of the terms of this Proposal. Scott Burch Design's performance is conditioned upon City of Palm Desert's acceptance and execution of this Proposal. Scott Burch Design and City of Palm Desert will keep the terms and details confidential. City of Palm Desert By: Kristy Kneiding Title: Date: Scott Burch Design By: Authorized Signature Title: Date: GENERAL RATE SHEET CITY OF PALM DESERT Valid through June 1st , 2011 Hourly rates for the Scott Burch Design team fall under three categories: Creative Design Et Concepting ($175/hr) and Project Management Et Coordination ($100/hr) and Copywriting ($125/hr). The cost for each project is based on our hourly rates and take many factors into consideration, including resources readily made available by the Client, and quite simply their overall "needs". Listed below is a general pricing guide that will give you ballpark costs for standard projects handled by our Studio. NEW AD DESIGN It DEVELOPMENT Ad design cost listed below includes conceptual development, visual execution and written content. Costs below do not include the use of stock photography in print ready files. Individual Ad Development Cost - $1,650 BROCHURE/DIRECT MAIL DEVELOPMENT Brochure cost listed below includes conceptual development, visual execution and written content. Costs below do not include printing or the use of stock photography in print ready files. 4-Panel Rack Brochure 6-Panel Rack Brochure Cost - $2,250 Cost - $2,900 DIRECT MAIL POSTCARD Direct mail postcard cost (including oversized) listed below includes conceptual development, visual execution and written content. Costs below do not include printing or the use of stock photography in print ready files. Cost - $1,400 EBLAST DEVELOPMENT Includes conceptual development, visual execution and written content. The design will reinforce print and digital brand messaging. Once the initial template is designed, cost for subsequent eblasts will be reduced. Template Cost - $1,600 STOCK PHOTOGRAPHY The fee for stock photography utilized in final/approved ad or brochure designs pulled from the Scott Burch Design library will run at a fee of $100. Once purchased, Luxe Electric Cars will have unlimited use to each stock photograph purchased. CUSTOM Other advertising/marketing material not listed on this rate sheet will be priced on a project -by -project basis. CONTRACT NO. C31160 CREATIVE DESIGN SERVICES AGREEMENT This Creative Design Services Agreement ("Agreement") is entered into this 8th day of September, 2011, by and between the CITY OF PALM DESERT, a municipal corporation, ("CITY") and SCOTT BURCH DESIGN, 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 tourism ad campaign for the CITY. B. AGENCY desires to 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 September 8, 2011, and end at the completion of the scope of services (approximately January 1, 2012). 2. Scope of Services. Subject to the terms and conditions of this Agreement, AGENCY shall conduct creative design services including: a. Creation of print advertising campaigns for review and approval by CITY. b. Creation of a print advertising campaign that is reflective of the Palm Desert brand and focuses on a call to action. c. Resizing of advertisements at a minimum of four ads in eight publications. d. Create a campaign that is easily translated to online and radio mediums. 3. 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. 1 CONTRACT NO. C31160 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 $2,750 deposit prior to commencement of services. Final payment of $2,750 will be due and payable by CITY at completion and acceptance of final ad campaign development. b. Any work outside the scope of services contained in this Agreement, including but not limited to, additional print resizing not included within contract specifications, photography oversight, stock photography purchase, etc. shall be paid as outlined in the AGENCY General Rate Sheet or an agreed upon project fee. 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 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. 5. Owner of Work. Once Agency is paid in full, all art work, advertisement of any form, 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 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 CONTRACT NO. C31160 AGENCY. Upon full payment 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 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. 6. 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. 7. 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 3 CONTRACT NO. C31160 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. 8. 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: Scott Burch Design 75-280 Highway 111, Suite 103 Indian Wells, CA 92210 ATTN: Scott Burch 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. 9. 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. 10. Bindinq 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 acquire no right or interest by reason of such attempted assignment or transfer. This Agreement shall bind and inure to the benefit of the 4 CONTRACT NO. C31160 Parties and their respective heirs, legal representatives, successors and assigns and all of the Parties thereto shall be jointly and severally liable hereunder. 11. 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. 12. 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. 13. Modifications. All modifications to the Agreement must be in writing and signed by the Parties. 14. Third -Party Rights. 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. 15. Governing Law; Choice of Venue. This agreement shall be governed and construed in accordance with California law. Venue shall be Riverside County. 16. 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. 17. Entire Agreement. This Agreement is the agreement between the Parties and supersedes any prior or contemporaneous representations, understandings or agreements, whether written or oral. 18. Non -Solicitation of AGENCY Employees. CITY agrees that during the term of this Agreement and for a twelve (12) month period following any termination of this 5 CONTRACT NO. C31160 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. SCOTT BURCH DESIGN in Scott Burch, Owner Date: (Signature must be notarized) ITY OF PALM DESERT A Municipal Corporation la Jean Benson, Mayor Date: ATTEST: Im Rachelle D. Klassen, City Clerk A