HomeMy WebLinkAboutC31982 - CA - Advertising Svcs for EPBID FY 2014-15 CITY OF PALM DESERT
STAFF REPORT
REQUEST: APPROVE CONTRACT AMENDMENT NO. C31982 FOR FG
CREATIVE, INC OF PALM DESERT, CALIFORNIA, IN THE AMOUNT
OF $242,500 FOR ADVERTISING SERVICES AND EXPENDITURES
FOR THE EL PASEO BUSINESS IMPROVEMENT DISTRICT
FROM: Ruth Ann Moore, Economic Development Manager
CONTRACTOR: Stephanie D. Greene
FG Creative, Inc.
74-020 Alessandro, Suite E
Palm Desert, CA 92260
DATE: June 26, 2014
CONTENTS: Contract Amendment C31982
Original Contract C31980
Recommendation
By Minute Motion:
1. Approve Contract Amendment No. C31982 in the amount of$242,500($45,000 in
Agency services and $197,500 in advertising and promotional expenditures); and
2. Authorize Mayor to execute said contract amendment.
Funds have been included in the proposed Financial Plan for 2014/2015 Other
Advertising, Account No. 271-4491-464-3215. This expenditure is not part of the
General Fund.
Executive Summary
At the June 12, 2014 meeting of the EI Paseo Business Improvement District (EPBID), the
Board of Directors voted unanimously to approve recommending to the City Council a one-year
extension pursuant to the provisions of the FG Creative, Inc. (FGCI) contract that represents
the district as its advertising agency.
The total budget to be administered by FGCI is$242,500 for the period of July 1, 2014 through
June 30, 2015. FGCI's retainer fee of$3,750 per month will be paid from the $242,500 budget
with the remainder going towards advertising and promotional expenses. FGCI's monthly
retainer fee remains the same amount as the previous fiscal year 2013-2014.
Funds are collected from the businesses through a special assessment fee and do not impact
the General Fund.
G:\rda\Ruth Ann Moore\word data\STAFF REPORTS\FG Contract Extention Amendment 6-26-14(2).doc
Staff Report
Approval of Contract Amendment No. C31982 (FG Creative, Inc.)
June 26, 2014
Page 2
Backqround
In 2012, the EPBID was required to go out to bid for advertising services for the district, and
City Council awarded the contract to FGCI. The agency is responsible for overseeing the
marketing and public relations plan for the EPBID, web page oversight, internal merchant
communications, event duties and meeting agenda creation and distribution. A provision in the
contract allows for two yearly extensions of the contract. This will be the second yearly
extension.
Fiscal Analysis
Fees for this contract are collected through a special assessment of the businesses. This
contract does not impact the General Fund.
Submitted By: Department H
�,...—_ %
� � O�y'�✓ ;� /�'
R t A n Moore, Martin Alvarez,
Economic Development Manager Director of Economic Development
Revi by: i'��%�Ci�
Rudy A osta, Assistant City Manager
P ul S. G' son, Director of Finance CITY COiJNCIL�TION
APPROVED DENIED
RECEIVED OTHER
Approval:
ME�T G DATE �
i' `�l �c� � ���;� AYESw m• / � . ,�-.
NOES: �
��John M. Wohlmuth, City Manager ABSENT: � �--
ABSTAIN:
VERIFIED BY: �
Original on File with Ci lerk's Office
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CONTRACT NO. C31982
AMENDMENT
This agreement is entered into this 1 St day of July 2014, by and between the City of
Palm Desert, California ("City") and FG Creative, Inc., for services and materials related to
the advertising and promotions of the EI Paseo Business Improvement District (EPBID").
RECITALS
1. The City and FG Creative, Inc. entered into an Agreement on July 1, 2012,
for services and materials related to the advertising and promotions of the
EPBID;
2. Per that agreement, the City Council has the right to extend the agreement
for one year up to a three year period; and
3. The EPBID Board of Directors has recommended the services to the City
Council.
THEREFORE, for good and valuable consideration, including,without limitation,the
mutual promises, conditions, and agreements set forth herein, the City and FG Creative,
Inc., agrees as follows:
A. TERM
The term of this Contract Amendment shall commence on July 1, 2014, and
end on June 30, 2015.
B. COMPENSATION
The amount for advertising and publicizing the EPBID's facilities, services
and events is a sum of Two Hundred Forty Two Thousand Five Hundred Dollars
($242,500). The City's liability for advertising materials and services under this Contract
Amendment shall not exceed the amount budgeted,therefore 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
the Contract Amendment to be undertaken and furnished by FG Creative, Inc., the City or
its designee, after conferring with FG Creative, Inc., 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 Furino/Greene Creative, Inc., as follows:
1
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Contract No. C31982
(i) In addition to the flat fee of$3,750 per month to cover services, FG Creative,
Inc., will bill for production of services such as radio production, print
production, website updates and revisions, monthly newsletter production at
costs approved by the City or its designee, after review and approval by the
EPBID Board of Directors. This fee is inclusive of the total dollar figure of
the contract as stated in Section 4 of the agreement.
(ii) The City retains the right to increase, decrease, or with thirty(30)days notice
to suspend or cancel the service for any period at any time.
(iii) Should the contract be suspended or canceled or not renewed, all
advertising materials, contracts taken on behalf of the EPBID, merchant
newsletters, merchant contact lists and social media account information will
be turned over to the City or its designee within thirty (30) days of the notice
to cancel, suspend or non-renewal of the contract.
The undersigned represents that they are authorized to execute this Contract
Amendment on behalf of the parties hereto on whose behalf they purport to sign. This
Contract Amendment shall be deemed executed on the date first above written.
CITY OF PALM DESERT FG CREATIVE, INC.
VAN G. TANNER, MAYOR STEPHANIE D. GREENE, CMD
ATTEST:
By:
RACHELLE D. KLASSEN
CITY CLERK
Approved as to Form:
DAVID J. ERWIN, CITY ATTORNEY
2
G:1rda\Ruth Ann Moore\word data\EI Paseo\Furino Green Contract Amendment(2)14-15.doc
� CONTRACT NO. c3i9so
A�iENCY SERVICE CONTRACT
1. PA�'�I�: This eontract is enteced in� this Z� day ot June• 2012� by and
between the CITY OF PA�M DESERT� a munkipal corporatfon, hereinaRer
refecred to as."CITY"� and FG CI�EATNE, tNC.� Rakn besert, CA, formally known
as "FURIN� GREENE CREATIVE, INC".
2. SCOPE OF SERVICE: Subject to tha terma and conditiona of this contract� FG
CREATtVE shail fumish and:provide the services and materials as outlined in the �
Addendum� in accordance with the proposat presented to and accepted by the Et
Paseo Business Improvement District(EPBtD):
(a) Prepare or cause to be prepared�art work ar� advertisements for approvai
by t#�e CtTY or its designee (EPBif�j. In connec�ion therewith, FG
CREATNE shaN; .
(i) Woiic within the marke�ng pian as approved by the CtTY or its
designee� which plens� and schedules shall inctude
recommendations- as to the r�edia, art and c�py� budgets� and �
coordination of such advertisir�g with otMer rriartce�ng� advertisir�
and even#ec�vities wi�hin,the EP81D;
(ii) Prepare cost estimates and fumish the same to the CITY or its
designea for their approval, enter into cotrtrac�s for space or�me in
media:�cr approved advertiseme�t and forward copy and instruction
foc placement; �
a:wal��rr M.Moa�wo�a.r�lsrMl�,tBroRTea�o a.lh. m�bm�a aa�e.oeaoat 1
. . � CONTRACT NO. C3I98Q
(iii) Croate, design, and auperviae tMe producEiort of adverasing to be
published in newapapera,, periodicais, m�gazines, trade jaumals,
radio� television, intemet and other medta; �
(iv) Check insertion of approved adv�rtising and othervvise verify proper
detivery ar�d distribution therec�#;
(v) Mai�tain a permac�ent file of ali sr� work and advertising. rnaterisls
. (including meeting mi�utes)� which ma�erials ahall be the property of
the CI�1! and shall be made availabte to th�� �ITY for use by� it
without additional cost or charge; and
(vi) Eva�uats and reaommend�payrnent for al� expertses iricurred for art
work, advertisements,,and`for the pta�nt and publi�hing thereo�
in newspapers, peciodicals� magezines� trade joumals, radio,
tel�vision, intemet and other fnedia subject to reirrfbursement in
, accordance with the pcov�iona of SecNo�►4.
(b) Prepare, publish, and dis�ibu�e or cause fio be pr�epered, published, and
distributed suctti ptibik�tl�s cont�ning matfer publia��EPBID� as may
be requested by the C� or ite des�gnee: In connectio�t thenewith� FG
CREATIVE shall: �
(i) Fumish or cause to be fumished alt required research� writing�
edi�ng, type speciflcation, h���9� Pb��Phy, layout,
illustration� aasembly and all other details connected with any such
a:�e.wrr��ee�w�e.�rrnr.�n�ro a.d.. m�ym��aw.�a�2
CONTRACT NO. b�
requested pubiicaations;
(ii) Perform auch other s�rvices as may�be necessa�ta p�int� publish,
and diatribute any�such publicaations; and
(iii) Evaluate and recommend paymeat for all expenses irtcurred for the
preparation and distrihution of �ny such publica�on subject to
� reimbursement in eccordance wi#h the provisions of Section 4.
(c) Assist in preparation and/or execution of such pub�ic relations events as the
CITY ar its designee may request. In connection therewi�h� FG CREATtVE
shall:
(i) Prepare or cause to,be prepared such exhibit and display ma#erials
as may be requested and approved by the CITY or ita designee;
, (ii) Coordinate communica�on with the merchants for various events
and attempt to elicit participa�on by merchants for street wide
events; � �
(iii) Coordinate during all EPBID sanc�oned evenffi; a�d
(iv) Evaluate and recommend payment of all expenses incumed in the _
preparation of exhibits and d�splay materiala subject to
reimb�rsement in accordance with the proviaiona of 3ecdon 4.
(a) Prepare or cause to prepare such other brochures� maps, reporCa� exhibits,
display materials, and other prinfied materiai twtlined in�the A+ddendum as
may be requested and approved by the CITY or its designee, and evaluafe
and recommend payment of all expenaes incurred in connectlon therewith
a:w�w.r n..woo��+ew�sr��a�en�a G.rti. m��-mu oo.n.s.�3
CONTRACT NO.t�i�o
subject to reimbursernent in accordance wi#h the provisiona of Sectlon 4.
(b) Coordina�e ali use of sc�cial media ele�tronic communications inc(uding but
�not limited to websites� merchant email lists� Facebook and Twitter.
3. TERM: The ter�of thla�ontract shall commence on July 1, 201�2 and end on June
30, 2013. The CITY may� at its sole option, extend said term for an additional
twelve (12) month term by notifying FG CREATIVE in writing of its seteation to
extend the term not less than thirty (30) days before the �xpiration of the initial
term. Said extension shall not exceed a three-year period.
4. � COMPENSATtON: The CITY's budget for advertising and pubiicizing the EPBlD's �
� facilities, services and eventa is established as part of the CITY's fiscal year
budget for the period of July 1� 2012 - June 30� 2013 at $2'f0,000. The CITY's
liability for advertiaing materials and services under this Contract shall not exceed
. the amount bWdgeted therefore. The ClTY reserves the right� at any�me during
the term or any extension thereof� to adjust the amourrt budgeted for adverqsing
and promotion services. Prior to pertoRning any servic� or fumishing any
material cor�nplated by thia Contract to be undertaken and fumished by FG
CREATIVE, the CtTY or its designee� after coMerring with FG CREATIVE, shall
authorize the senric�s rendered and materials to be fumist�ed, the agreed
comPensation to be paid for their services, the manner of paymenf (lump sum or
periodlc progresa payments)� the dea+crip�on and est�mate of reimbursable
expense,.and such other matters as may be deemed proper. Subject to the
limitations and provisions set forth Irt th�a secction� tne emr'shall compensate and
o:w.w.M ai.Alao,�,o,a er.vrAP!�,sMo c,n.u,. m�D�o��ca.u.acaost 4
CONTRACT NO. c.3i�o
reimburse F� CREATN�E�as fbilows:
(a)1'he C!'F1f wi� pay FE3 CR�ATNE a flat fee af �3►50f? Per month Eo cover
advertiaing services in accordance with the proposal presented by FG
CREATNE as attached in the Addendum to the EPBI�andlor any �narice�ng
mutuaily agreed to by the parties hereto. The fee covers rrot fesa tFrtan 80
hours per monttr; such services inctude, but are not` limited to, mee�ri�s,
account pianning and senric,�� production management, media pianning �tnd
buying, and clericail.
(b) FG CREATI1/E wiit purc�ese medi�at the fbwest rata ava�ebte. Al!billings wit� �
be submitted at net cosfa foc paymenE by the CITY. FG CREATiVE wilt not
mgrk up bittings or reee�ve co�lons.
(c) F� CREATIVE shaif bitl the CITY monthly for tl�e previous month's activitiea.
Each invoice shall contain, in reasonabte detsil, th� projects ar�d`�services
worked on and rerxlered with supparting doct�mentstion of reimbwsable�cx�s�s
and expenses. Payment and reimbursernents provided for in thia 3ec�on 4 .
will be macle in due c�urse by the City of Pahn �eaert �
(d) FG CREATNE �ha!! keep fult and accurate books of a�ccount and rec�rds and
other pertiner�t data in acxordanc•,e wi#h generaliy acoepted accoun�ng
principl�s reflecNng all transactions corrtemptated by this Cot�tract.
5. TERMINATION: Eitt�r party�may ierminate this Confract at any tim�by giving the
other party thirty (30) days written notice of its intent to tenninate; provkied.
however� the CITI('s obliga�on to compensate and t+eimburse FG CRFATNE for
a:w.uwa no.�.�a am�r���ra�ro aw�. miymn ca.d.a.a�e.5 .
- CONTRACT NO. pi9eo
services� rendered or materiala fumished or contracted fof as o� the date of
notifica�on by eithec party af the electicm taterminate,shall oor.rtinue in acconisnoe
with the tertna herein.
6. EL PASEO BUSINESS IMPROVEMENT�6NS'FRICT: The CITY reserves the right
to destgnate the EPBID of the City of Palm Desert or ar�y otk�er cornmittee or
individ�al as its represeMative fqr any part af the review and approval retained by
the CITY under any provisions of this Contract and will advise FG CREATIVE of
such designation and such designation shall contin�e until mod�ied by the CITY.
7. 41RVNER OF WORK: Afl art work, advertisement of any form, exhibit at�d display
materials or other printed material, logos, designs,drawinga, and modets prepared
or pertormed under this Contract shall bacortte the p�operty of the CITY. FG
�REATIVE specifically transfers any "right of reproduc�tion" as defined by
Califomia Civil Code S982 and S888 to the CITY and CITY assigns.
FG C�tEATlVE agrees to mairrt�an adeqNate books and rec�Fds o#all completed
designs, plans� reports, drawi�gs� socia� media electronic communic�ions a�d
processes and adequafie book$ and records of aN works in progress throughout
the dw�atlon of this Agreerr�t SakJ books �nd records sheN be and remain tl�e
property of the Cih/ upon the expire#ion or earlie�termina�on vf this Agreement
Within five (5) days of any expiration or earfier termin�on of this Agfleement, FG
C�EATNE ag�ees that it shall provide the City wi�h th�aforementioned books and
records.
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� COI+tTRA£T N�. t�i98o � rt
IN IRVtTNESS WHEREOF, the parEiea have caused this Agreement to be executed by
their respective authorized offiCcers or representaatives as the dat� ac�f yeer flr�t abov�e
written. .
STEPHANIE D. GREENE, CITY OF PALM DE3ERT
FG CREATIVE, IN�.
' gy /��.��
E HANIE D: GR NE ROBERT A. SPl E�.
. ATTES�:
By
CHELL� D. KLASSEN, CITY CLE
� APPR D AS TO FOf�M: �
� By � �
nsvm J. . . , crri �+a�i
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o:ae.wue,ln.Meoislworea.u�Er�►n�R��t�s1loca.Mir. m�bZo�3cm��aLeo��
�ALII�QRNIA AL4PURPO�E ACKI�MILEDOMtNT
St�e of Ca�ibmia .
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who proMed t�me on the baeia of satlsisc�ory evidence to
. be fhe person(s� rM�oee na�t�e(a}is/ers�s�ibed to tl�e
within instrument and admowledged to me that ,
he�IBt�e�lM+ey eoaecuted the san�e fn a�ieA�erAheN�eud�torf�ed
c��padtyEies�, and thst by#�ie�herAl�ir sigr�iu�(a� on the
l�S�Tt� , I�tr�xrient the pe�on(�, or the eMity upon behalf of
, Caan�is�N t�� which the person(s}acted� e�aeaited the instrument.
NNMr I�WNic-C�MfbN�
���h � I certHy under PENALTY OF PERJLIRY under the laws
Ca�. FN 1s ZOts of the State of CalMomie that the foregoing pare9raph is
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WlTNESS my hand and otflcial seal.
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CALIFORNIA ALL-PU�t ACKMOWLEDqMENT
3t�e of CaNiomia
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p� Jnl� 18, 2012 ��� Grace L. �eodou, �otar�r Pnblic
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P��Y aPPeaned �ouert s. spi.s.l
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witt►ln instrument end adcnowledged to me that
(�opa�pEie�r eoaecubed tFte Ir�ha►�4�p�autl�orized
a��icity(�a�j, and that signa�urgh)on the
� GR�cE�.ME�OOZA instcument the pe�son(s�, or fhe en�Eq upon behalf of.
commhuon�ta��teo whk:h the person(s}acted,eoaecu�ed�e lr�nun�t.
NM�ryr Pu01k-C�forni�
Rhnn�Couery • I cerdfy unde� PENALTY OF PERJUFlY ur�er the laws
M� Canwn:Ex In�Mu 2,20t� of the State of Callbmia that the bregoi�9 P8ra9rapF►�8
� true and coRec�
WITNES3 my hand and oi�cial seal.
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