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To:
From:
Subject:
CITY OF CARMEL-BY-THE-SEA
Council Report
March 4, 2014
Honorable Mayor and Members of the City Council
Jason Stilwell, City Administrator
Receive Update Regarding the City's Destination Marketing Plan and
Consideration of Resolution(s) Authorizing the City Administrator to
Adopt a Fiscal Year (FY) 2013-2014 Professional Services Consulting
Contract with Burghardt+Dore for Destination Marketing Services in an
Amount Not to Exceed $180,000 and a Professional Services Consulting
Contract with Richard Tavener for Community Services and Event
Coordination in an Amount Not to Exceed $55,000.
Recommendation(s): Receive Update Regarding the City's Destination Marketing Plan
(Attachment I) and Adopt Resolution(s) (Attachment II) Authorizing the
City Administrator to Adopt a Fiscal Year (FY) 2013-2014 Professional
Services Consulting Agreement with Burghardt+Dore for Destination
Marketing Services in an Amount Not to Exceed $180,000 (Attachment
Ill) and a Professional Services Consulting Agreement with Richard
Tavener for Community Services Event Coordination in an Amount not to
Exceed $55,000 (Attachment IV).
Executive Summary: On August 6, 2013, the City Council received a report regarding the City's
Destination Marketing Plan. The Plan set forth various strategic
marketing priorities and performance measures that were based on
research performed in the development of the Plan. During the meeting
the City's marketing partners: the City's own destination marketing effort
(Burghardt+Dore}, the Chamber of Commerce, Hospitality Improvement
District (HID}, the Monterey County Convention and Visitors Bureau
(MCCVB), and the Sunset Cultural Center, provided an update on their
individual efforts related to the Plan. Since that time the marketing
partners have continued to work toward the Plan's marketing priorities.
Updates on their efforts are included in Attachment I. Some marketing
2013 highlights include:
Achieved #6 rating on Conde Nast Travelers listing.
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Travel & Leisure Magazine recently ranked Carmel-by-the-Sea as
one of the world's best cities for romance ranking Carmel 3 rd
place head of Florence, Italy and just behind Paris and Venice.
TOT growth over the previous year was approximately 10.85%.
Expanded offers and packages.
Expanded social media- Pinterest, Twitter, and Google.
Expanded Facebook and YouTube presence.
Increased sales efforts and activities.
Planned and executed a number of Meeting Planner Foundation
Trips (FAM) that were hosted at various Carmel-by-the-Sea
properties collaborative effort involving hotels, inns,
restaurants, and business patrons.
Developed media kit.
Sold 1,800 wi ne walk passports.
Continued development, design, and branding of social media.
Ad development and placement.
Sunset Cultural Center performs scheduled mid-week and
evenings.
All 20+ "Sunset Presents" annual performances are scheduled
during the off season, October through May.
Marketing partners are currently focusing on 2014 activity goals to
further the strategic marketing priorities of the Plan.
Burghardt+Dore provides destination marketing services for the City. The
contract with this vendor was originally entered into in approximately
2006 and a new contract was entered into each fiscal year thereafter.
The costs of current fiscal year services were included in the FY 2013-14
operating budget totaling $180,000. Attachment Ill is a Professional
Services Consulting Contract with Burghardt+Dore for current fiscal year
services for approval. Because this service has not been out to bid since
2006, staff intends to review the City's service requirements in
connection with the Destination Marketing Plan, redefine the scope of
work and go to bid for the service. It is anticipated that a new contract
will be on the City Council agenda in June 2014 for approval.
The City provides the following f inancial support for marketing efforts
and other related expenses:
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Burghardt+Dore- $180,000
Chamber of Commerce- $40,000
Sunset Cultural Center- $650,000
MCCVB- $136,800
In addition, the City budgets approximately $200,000 annually to support
community events.
In 2013 a position and funding was added to the City Administrator's
budget for the purpose of expanding the City's current event focus to
more closely tie in to the strategic priority of increasing mid-week and,
over-night visits and expanding the visitor base through integrated
marketing.
A key focus of this effort is to increase events that are geared toward
cultural and educational tourism. This type of tourism focuses on
traveling to locations for life enhancement activities and recreational
undertakings solely or partially for the purpose of learning and self-
improvement. It is a growing tourism market.
The City Administrator is proposing that the vacant position be filled on a
contract basis with Richard Tavener. This position will be charged with
coordinating events and marketing, expanding events when possible to
encompass a cultural and educational component, coordinating with the
City's marketing partners and meeting the goals of the City's Destination
Marketing Plan, strategic marketing priorities of mid-week, multi-night
and overnight visitors. Mr. Tavener is an experienced marketing,
communications, education, and events professional . His media,
education, and entertainment contracts will be an asset to the City's
events planning and coordination and valuable in meeting the City's
strategic marketing priorities. The contract does not exceed $55,000, is
budgeted and helps the City to control costs.
Analysis/Discussion: The City's destination marketing plan reviewed by the City Council last
August set forth the following Strategic Marketing Priorities:
1. Focus on mid-week and off-season overnight visitors.
2. Expand visitor base through integrated marketing.
3. Create a brand "buzz" to compete with competitive set (as outlined in
the plan).
4. Redirect potential Monterey Peninsula visitors to Carmel with
targeted Internet media and coop media.
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The plan also set forth the following performance management
indicators:
Transient Occupancy Tax (TOT) & Retail Tax
Website and social statistics
Innkeeper statistics
HID group bookings and PR statistics
Brochure and visitor guide fulfillment
Annual accolades such as CN Traveler
Competitive set statistics (Smith Travel Research)- TBD
Progress on achieving the strategic marketing priorities has been outlined
in this report and specific information is included in Attachment I.
The plan is comprised of six marketing partners:
Chamber of Commerce
City Destination Marketing Services
Hospitality Improvement District (HID)
Monterey County Convention and Visitors Bureau (MCCVB)
Sunset Cultural Center
City Community Events
The City spends $356,800 annually to support marketing efforts plus
$650,000 contributed to Sunset Center. In addition, annually, the City
budget includes funding for community services, event planning, logistics,
and coordination.
Burghardt+Dore has provided destination marketing services for the City
since 2006. Staff is proposing that the Council authorize the City
Administrator to enter into a professional services consulting contract for
FY 2013-2014 in an amount not to exceed $180,000. The amount is
budgeted in the FY 2013-14 operating budget. Services provided under
this agreement include:
Website and social media networks
Expanding internet outreach
Improving vista channel content
Integrate marketing with other partners
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Fiscal Impact:
Budgeted (yes/no):
Yes
Participate in MCCVB coop marketing
Google AdWords
Creating dynamic banner ads with animation and range of
messages for rotation
Creating ads
Sending email blasts, etc. marketing the City
In 2013 a position was added to the City Administrator's budget for
proactive event planning, managing, marketing, and coordination of City
events. This position is intended to support the City's destination
marketing strategic priorities by enhancing and expanding City events to
focus on cultural and educational tourism and attract multi-night, mid-
week stays. The position is currently vacant. The City is currently staffed
with one individual who handles logistics and issues permits for City
events. A single individual is not adequate to engage in proactive
marketing, leveraging and connecting events, and enhancing what the
City currently does with respect to events.
Based on the average daily room rates in Carmel-by-the-Sea it is
anticipated that focus on expanding City events for connections to
cultural and educational tourism to promote mid-week and multi-night
stays could generate approximately $1.1 million in revenue with
additional revenue generated by the use of local restaurants and
businesses.
Expanding the focus of City events to include cultural and educational
tourism is directly tied to the Destination Marketing Plans goals of
increasing mid-week stays and expanding the visits and aligns with the
other three strategic plan priorities.
The City Administrator recommends entering into a professional services
contract with Richard Tavener in an amount not to exceed $55,000 to fill
the vacant Event Coordinator position on a contract basis.
Funding Source( general fund, grant, state):
General
Previous Council
Action/Decision History:
August 2013 Council Received a Presentation of the City's Destination Marketing Plan
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Reviewed by:
City Administrator
Asst. City Admin. D
Public Safety Dir D
Attachments:
City Attorney D
DirofCPB D
Library Dir D
Administrative Services D
Dir of Public Svcs D
Other D
Attachment 1- Destination Marketing Update (2013 Accomplishments)
Attachment II- Burghardt+Dore and Richard Tavener Resolutions
Attachment Ill- Burghardt+Dore- Professional Services Consulting Contract
Attachment IV- Richard Tavener- Professional Services Consulting Contract
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ATTACHMENT I
The Chamber of Commerce
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Visitor Center Statistics
2013
Walk-in Visitors: 26,285
(28,6991ast year)
Wine Walk Passports:
1800
Phone Calls: 6260 (7022)
Nights booked: 539 (536)
Weekly volunteers: 13
Volunteer hours: 2001
(1952)
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Burghardt+Dore
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New Website & Eblasts
Launched- December 2013
Expanded offers and packages
Expanded things to do section
Expanded events page
Expanded itineraries
New history of Carmel Timeline (The only one of its kind!)
New meetings microsite (Supports HI D)
Expanded press microsite (Supports HID)
Expanded weddings microsite
Expanded photo and video gallery
New cultural activities section
Translation for more than 70 languages
New eblast designs for visitors and businesses
Expanded Social Media
Launched- December 2013
Added Pinterest, Twitter, and Google+
Expanded Facebook & You Tube
Launching a Facebook Sweepstakes from Mar-May 2014
2013-14 ACCOMPLISHMENTS
HID Collateral & Promo Items
Completed- December 2013
Designed new business system
Designed new, branded giveaways
Designed new trade show display
Internet Campaign
Launched-January 2013
"Prospecting" banner ads targeting age and interests
"Retargeting" banner ads follow visitors of CarmelCalifornia.com
"Search" text ads are featured based on keywords
Leveraged MCCVB Coop budget to double Internet campaign
Other Accommplishments
Website Seminar for Carmel businesses on March 6
Visitor Channel promotes Carmel in 3,542 hotel rooms
Acheived #6 rating on CN Traveler list through email efforts
Promote both #6 CN Traveler rating and #3 T&L rating
Coordinate with HID and PR on an ongoing basis
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5
Websit e Unique Visitors= 1,219,463
- 12-month Hotel Web Referrals= 99,552
- 12-month Total Web Referrals = 147,144
-Time on Site doubled with new site launch
- Bounce Rate cut in half with new site launch
Website Visitor Demographics
-25-34
-55-64
-35-54
- 65+
-18-24
= 25.52% (Great future growth audience)
= 19.31% (Great mid-week, off-season audience)
= 17.50% (Solid bread-and-butter audience)
= 11.94% (Loyal year-round audience)
= 9.42% (Great brand awareness audience)
Email List & Social Media Networks
- Opt-In Email list
- Facebook Likes
-Twitter Followers
- Pinterest
= 27,017
= 3,943
= 418
= 16 Boards /145 Pins
YTD RESULTS
Top Website Pages
#1
#2
#3
#4
#5
#6
Homepage
Exclusive Hotel & Inn Offers (Drives room nights)
Hotels & Inns (Drives room nights)
Exclusive Restaurant Offers (Drives sales)
Maps & Directions
Photo Gallery
#7 Events
#8 Things to Do
#9 Restaurants (Drives sales)
#10 Exclusive Shopping Offers (Drives sales)
Accolades
#3
#6
Most Romantic City in the World- T&L, Feb. 2014
Travel Destination in the U.S.- CN Traveler, Nov. 2 013
Visitor Channel
2.5 Million The :90-sec Carmel promo airs hourly in 3,542
hotel rooms on the Central Coast x 30 days = 2,550,240/ month!
176
Hospitality Improvement District
(HID)
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Hospitality Improvement District (HID)
Destination Marketing Manager (January- December 2013)
Sales Efforts and Activities:
Leads- Generated 32 group leads
2013: 1453 room nights
2014: 914 room ni ghts
2015: 73 room nights
2016: 1000 room nights
Leads by Market Segment:
Corporate (16)
Association- National (5)
Association- State (1)
SMERF (7)
Incentive (1)
FIT (2)
Booked - 426 group room nights
Tradeshows:
MCCVB Co-ops (8): Of the eight tradeshows attending in conjunction with the MCCVB,
seven shows specifically targeted pre-qualified corporate meeting planners.
Silicon Valley(48 planners)
San Francisco (60 planners)
Sacramento (53 planners)
San Diego (32 planners)
Los Angeles (30 planners)
East Bay (14 planners)
MPINCC (Meeting Planners International Northern Calif ornia Chapter): 115
planners scanned at the MCCVB booth to inquire/get more information about the
peninsula.
Carmel-by-the-Sea Hospitality Improvement District
P. 0. Box 4444, Carmel, CA 93921
(831) 704-6316
safarina@carmelcalifornia.org
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All Things Meetings Silicon Valley: 226 pre-qualified meeting corporate meeting
planners attended. Three planners from this event attended the November meeting
planner familiarization (FAM) trip.
Meetings and Incentives West Coast Forum: Pre-qualified appointment show targeted
at incentive market meeting planners. 27 confirmed appointments in two days.
This event yielded immediate ROI as the organizers drove up to CBTS,
stayed & sited La Playa Carmel & Monterey Conference Center as a potential
opportunity for their future West Coast Forum (2016).
This event also generated a lead for L'Auberge Carmel for a Women's Group.
Dates: February 3- 5, 2014, with 3 days pre/post guaranteed. Program dates
fall over AT&T Pro-Am Golf Tournament. Hotel unable to accommodate due
to repeat guest commitments. Consideration of other properties not an option.
CaiSAE Seasonal Spectacular: 250 state association planners attended this event.
Connected with 35 planners at the Carmel-by-the-Sea/La Playa Carmel booth and
several others at the networking events.
2013 Successes
Hosted all the March 2013 MCCVB Client Advisory Board meetings and F&B
events in Carmel-by-the-Sea. While the cl ients were housed at the Carmel
Mission Inn due to room availability, all the meetings were held at the Sunset
Cultural Center, F&B was contracted with Carmel Bistro Beaujolais and
dinners at Anton & Michel and Grasing's Restaurant. Collaborated with
Charlie Spiegel at MCCVB and Nancy Morrell Swanson (President, Global
Marketing Services, Inc.) to showcase what Carmel-by-the-Sea has to offer to
groups. Additionally, we (Christine Sandin, Executive Director at Sunset
Cultural Center; Carrie Theis, General Manager of Hofsas House & President
of the Carmel Innkeepers Association and I, Destination Marketing Manager)
were invited to be a part of the agenda and present to the Client Advisory
Members the HID objectives and goals. They, in turn provided honest and
invaluable feedback as what they considered starting points to become
successful in our endeavor.
Planned and executed two (2) Meeting Planner Familiarization trips (FAM)
(March 2013 and November 2013) that were hosted at various Carmel-by-
the-Sea properties and focused on the diverse housing options, available
meeting space options and activities that we have to offer. The Fams have
been a collaborative and relationship-driven effort involving our hotels, inns
and their staff; Carmel-by-the-Sea restaurant and business partners;
transportation partners and vendor partners who have all provided great
support with their product knowledge, enthusiasm and at significantly
reduced or no costs to the HID.
Carmel-by-the-Sea Hospitality Improvement District
P. 0 . Box 4444, Carmel, CA 93921
(831) 704-6316
safarina@carmelcalifornia.org
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2013 Successes
(Continued)
PR
Launched the more robust website featuring all the inns in Carmel-by-the-Sea
with more content and vivid photos. (Burghardt-Dore)
More visibility for Carmel-by-the-Sea as evidenced by Conde Nast awarding
Carmel-by-the-Sea 6
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h place "Top Cities in the US"
Carmel-by-the-Sea TOT revenue grew by 9% (LYOY). Monterey by 6%.
###################
Media kit components have been developed or refined (13 pieces)
Hosted two Fams and individuals in 2013; extended invitations for Spring and Fall tams
in 2014 (12 media visited Carmel-by-the-Sea in Q4 2013)
Met and created relationships with various hotel, restaurant and attraction partners
Issued seven news releases:
o HPR Affiliation with Carmel
o Carmel Meetings
o Picnic Spots and Packages
o Conde Nast Top 1 0
o Hiking Packages
o Midweek Rates
o Hot January Deals
Garnered $250,000 in media coverage
Responded regularly to media inquiries and facilitated outreach based on media leads
received
Managed and posted social media content on HPR's portals and City of Carmel-web site
Conducted two social media workshops
Conde Nast Traveler Award
Travel + Leisure Magazine Award
###################
2014 Goals & Market Strategies
Attending 12 industry related trade shows
Will host two (2) meeting planner familiarization trips (Spring and Fall)
Will host two (2) travel media familiarization trips (Spring and Fall)
Purchasing contact and customer management software for HID that will
serve as a database for contacts; sales tools for prospecting and facilitate
tracking and activity reports
Targeting international visitors with specific emphasis on China and Brazil-
they travel during the winter months (November- February)
(Collaborating with Visit California, MCCVB and Trade Missions in California)
Continue to focus on primary drive markets (Sacramento, San Francisco,
Silicon Valley) and direct flight markets (Los Angeles and San Diego)
Carmel-by-the-Sea Hospitality Improvement District
P. 0. Box 4444, Carmel, CA 93921
(831) 704-6316
safari na@carmel california.org
180
Increased focus on secondary drive markets (Central Valley, San Luis
Obispo, Paso Robles)
Increased visibility on social media (City website, Linkedln, Facebook and
Pinterest).
Carmel-by-the-Sea Hospitality Improvement District
P. 0. Box 4444, Carmel, CA 93921
(831) 704-6316
safarina@carmelcalifornia.org
181
Monterey County Convention and
Visitors Bureau
(MCCVB)
182
Rank
I. Napa
2. Monterey $112.23 7.0%
3. Santa Barbara $110.59 8.0%
4. Sonoma $91.45 14.6%
5. Palm Springs 5.5%
6. Lake Tahoe
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MONTEREY
City of Carmel-by-the-Sea I Second Quarter Report
2013-2014
Year to Date Scorecard
New Group Business Leads
Earned Media Equivalency
15 ..
$5,592,754*
In the News
Holiday Travell 01 with Amy Goodman:
*These numbers include Carmel and Carmel Valley.
Aubergine, Carmel Wine Walk by-the-Sea and La
Playa Carmel were featured in this broadcast
segment that totaled 844 airings, yielding
162,683,137 impressions and an ad value of
$3,582,549. The segments were broad casted to
key feeder markets, including Seattle, Los
Angeles, San Francisco, Phoenix, Las Vegas and
Denver.
SeeMonterey.com Unique Visitors:
City of Carmel webpage
Carmel Beach webpage
Carmel Wine Tasting webpage
TOT Revenue
% of TOT growth over previous YTD
"' $5
c
$4
$3
$2
$1
$-


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10,872
9,861
2,211
$2,885,561
10.85%
2nd half
1 st half
2014 Official Travel Guide:
In addition to its destination page and member
listings, Carmel scored a beautiful article in the
new travel guide on "The Impressionists" and the
Carmel Art Movement.
Site Visits and FAMs:
The Marketing & Communications team
facilitated 12 familiarization {FAM) trips to Carmel
with journalists, travel writers and reps from media
outlets such as: Brand USA, Celebrated Living,
Donnaventura, Guide to Military Travel, California
Wine Travel Guide and Weddings Illustrated in Q2.
The Sales and Group Services team coordinated FAMs with
international tour & travel companies, such as Scott Dunn
of the UK, and assisted in site visits with --
group clients for CarmeL including
California Association of Professional
Scientists. The MCCVB Customer
Advisory Board also took a destination
tour of Carmel in November.
USA Today, Trekaroo and SF Gale are
just some of the media outlets that
featured Carmel in 02 .
SJcial media & blog posts in Q?.
featured photos, stories &
special holiday events ir
Carmel. garnering thousands
ct "likes,'' comments & shores
from See Monterey's nearly
50,000 fans & I million website visitors.
Monterey County Convention & Visitors Bureau 1 787 Munras Avenue. Suite 110 1 Monterey, CA 93940 1 831.657.6400 1 www.SeeMonterey.com
184
Sunset Cultural Center
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189
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2014-
ATTACHMENT II
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO ADOPT A FISCAL YEAR (FY)
2013-14 PROFESSIONAL SERVICES CONSULTING AGREEMENT WITH
BRUGHARDT+DORE FOR DESTINATION MARKETING SERVICES IN AN
AMOUNT NOT TO EXCEED $180,000
WHEREAS, Burghardt+Dore provides destination marketing services for the City; and
WHEREAS, the contract with Burghardt+Dore was originally entered into in
approximately 2006 and a new contract was entered into each fiscal year thereafter; and
WHEREAS, this service has not been out to bid since 2006, staff intends to review the
City's service requirements in connection with the destination marketing plan, redefine the scope
of work and go to bid for the service; and
WHEREAS, Staff is proposing that the Council authorize the City Administrator to enter
into a professional services consulting contract for FY 2013-2014.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to Adopt a Fiscal Year (FY) 2013-14 Professional Services
Consulting Agreement with Burghardt+Dore for Destination Marketing Services in an Amount
not to Exceed $180,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-
SEA this 4
1
h day of March 2014 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Daryl A. Betancur, CMC
Deputy City Clerk
SIGNED,
Jason Burnett, MAYOR
190
ATTACHMENT II
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH RICHARD TA VENER FOR DESTINATION
MARKETING COMMUNITY SERVICES EVENT COORDINATION IN AN AMOUNT
NOT TO EXCEED $55,000
WHEREAS, the City Administrator is proposing that an existing, vacant position be
filled on a contract basis with Richard Tavener; and
WHEREAS, this position will be charged with coordinating events and marketing;
expanding events when possible to encompass a cultural and educational tourism component,
coordinating with the City's marketing partners and meeting the goals of the City's Destination
Marketing Plan, strategic marketing priorities of mid-week, multi-night overnight visitors; and
WHEREAS, Mr. Tavener is an experienced marketing, communications, education, and
events professional. His media, education, and entertainment contracts will be an asset to the
City's events planning and coordination and valuable in achieving the City's strategic marketing
priorities; and
WHEREAS, The City Administrator recommends entering into a professional services
contract with Richard Tavener to fill the vacant Event Coordinator position on a contract basis.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to Enter into a Professional Services Consulting
Agreement with Richard Tavener for Destination Marketing Community Services Event
Coordination in an Amount not to Exceed $55,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-
BY-THE-SEA this 4
1
h day of March 2014 by the following roll call vote:
A YES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCILMEMBERS:
[THIS SPACE INTENTIONALLY LEFT BLANK]
1
191
ATTEST:
Daryl A. Betancur, CMC
Deputy City Clerk
2
SIGNED,
Jason Burnett, MAYOR
192
Attachment III
ADM-PCS-Burgh-013-13-14
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
THIS CONTRACT is executed this day of 2014, by and between the
CITY OF CARMEL-BY-THE-SEA, hereinafter referred to as "CITY'' and Jeff Burghart,
hereinafter called "CONSULTANT''.
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope of
services under this Contract the services set forth in Exhibit ".A:' attached hereto and
incorporated herein by this reference.
2. Timely Work. CONSULTANT shall perform all duties incidental or
necessary in a timely fashion; and shall be performed diligently, competently, and in
accordance with professional standards of performance. Failure to so perform is hereby
deemed a material breach of this Contract, and CITY may terminate this Contract with no
further liability hereunder. City may agree in writing with CONSULTANT to an extension
of time. It is expressly agreed and understood that CONSULTANT shall not be held
responsible for delays occasioned by factors beyond their control, nor by factors that could
not reasonably have been foreseen at the time of execution of this CONTRACT.
3. Term. The work under this Contract shall commenced July 1, 2013 , and
shall terminate on June 30, 2014. The parties may agree to extend or amend this Contract
prior to its expiration.
4. Compensation. CITY shall pay CONSULTANT in an amount not to
exceed $180,000, in accordance with this Contract for fiscal year 2013-14 (contract term
July 1, 2013 through June 30, 2014).
Compensation under this Contract shall become due and payable thirty (30)
days after CITY's approval of CONSULTANT'S submission of monthly written invoices.
Written invoices shall clearly itemize each charge. The payment of any compensation to
CONSULTANT hereunder shall be contingent upon performance of the terms and
conditions of this Contract to the satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written
invoice has not been performed in accordance with the terms of this Contract, CITY shall
not be responsible for payment until such time as the work has been satisfactorily
performed.
5. Additional Services. In the event that CITY should request additional
services not covered by the terms of this Contract, said services will be provided by
CONSULTANT and paid for by CITY only after a fee for said services has been agreed upon
between CONSULTANT and City Administrator and the City Administrator provides
written authorization for the additional work.
193
6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY or
its agents or employees with regard to services as set forth herein as may be required by
City Administrator to insure timely and adequate performance of this Contract.
7. Indemnification. CONSULTANT hereby agrees to the following
indemnification clause:
To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legal
counsel reasonably acceptable to designated agents, departments, officials, representatives,
and employees (collectively "Indemnitees") from and against claims, loss, cost, damage,
injury expense and liability (including incidental and consequential damages, court costs,
reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation) to the extent they
arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of
CONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,
or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold
harmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilities
are caused in part by the negligence, or willful misconduct of such Indemnitee.
Notwithstanding the provisions of the above paragraph, CONSULTANT
agrees to indemnify and hold harmless CITY from and against any and all claims, demands,
defense costs, liability, expense, or damages arising out of or in connection with damage to
or loss of any property belonging to CONSULTANT or CONSULTANT'S employees,
contractors, representatives, patrons, guests or invitees.
CONSULTANT further agrees to indemnify CITY for damage to or loss of
CITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out of
CONSULTANT'S negligent performance of the work associated with this Contract or to the
proportionate extent they arise out of any negligent act or omission of CONSULTANT or any
of CONSULTANT'S employees, agents, contractors, representatives, patrons, guests or
invitees; excepting such damage or loss arising out of the negligence of CITY.
8. Insurance. CONSULTANT shall submit and maintain in full force
insurance as described herein. Without altering or limiting CONSULTANT'S duty to
indemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, a
policy or policies of insurance with the following minimum limits of liability:
Commercial general liability insurance including but not limited to premises,
personal injuries, bodily injuries, products, and completed operations, with a combined
single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
Professional Liability Insurance CONSULTANT shall maintain in effect
throughout the term of this Contract professional liability insurance with limits of not less
than $1,000,000 per claim and $2,000,000 in the aggregate. CONSULTANT will either
maintain or cause to be maintained professional liability coverage in full force or obtain
extended reporting (tail) coverage (with the same liability limits) for at least three (3) years
following CITY'S acceptance of work.
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Workers' Compensation Insurance If CONSULTANT employs others in the
performance of this Contract, CONSULTANT shall maintain workers' compensation
insurance in accordance with California Labor Code section 3700 and with a minimum of
$100,000 per occurrence for employers' liability.
Other Insurance Requirements
A. All insurance required under this Contract must be written by an
insurance company either:
1) admitted to do business in California with a current A.M. Best
rating of no less that AVI;
or
2) an insurance company with a current A.M. Best rating of no
less that A=VII
Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
B. Each insurance policy required by this Contract shall be endorsed to
state that CITY shall be given notice in writing at least thirty (30)
days in advance of any cancellation thereof, except CITY shall be
given TEN (10) days notice for nonpayment of the premium.
C. The general liability and auto policies shall:
1) Provide an endorsement naming CITY, its officers, officials,
and employees as additional insureds under an ISO CG 20 10 07 04 or
ISO 20 37 07 04 or their equivalent.
2) Provide that such insurance is primary and non-contributing
insurance to any insurance or self-insurance maintained by CITY.
3) Contain a "Separation of Insureds" provision substantially
equivalent to that used in the ISO form CG 00 01 10 01 or their
equivalent.
4) Provide for a waiver of any subrogation rights against CITY via
an ISO CG 24 0110 93 or its equivalent.
D. Prior to the start of work under this Contract CONSULTANT shall
file certificates of insurance and endorsements evidencing the
coverage required by this Contract with the City Administrator.
CONSULTANT shall file a new or amended certificate of insurance
promptly after any change is made in any insurance policy which
would alter the information on the certificate then on file_
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E. Neither the insurance requirements hereunder, nor acceptance or
approval of CONSULTANT'S insurance, nor whether any claims are
covered under any insurance, shall in any way modify or change
CONSULTANT'S obligations under the indemnification clause in this
Contract, which shall continue in full force and effect.
Notwithstanding the insurance requirements contained herein,
CONSULTANT is fmancially liable for its indemnity obligations
under this Contract.
F. Any deductible or self-insured retentions must be declared to and
approved by CITY. At the option of CITY either: the insured shall
reduce or eliminate such deductibles or self-insured retentions as
respects CITY, its officers, officials, employees, and volunteers; or
CONSULTANT shall provide a financial guarantee satisfactory to
CITY guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
9. Ownership of Work. Upon completion of the work under this Contract,
ownership and title to all materials and deliverables produced as part of this Contract will
automatically be vested in CITY and no further contract will be necessary to transfer
ownership to CITY.
10. Licensing. CONSULTANT represents that it is properly licensed to perform
the work specified under this Contract, including but not limited to, possession of a current
city business license.
11. Termination. This Contract may be terminated by either party upon
thirty (30) calendar days written notice to the other party. In the event of such termination,
CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to the
date of receipt of notice of termination. An itemized statement of the work performed to the
date of termination shall be submitted to CITY. In ascertaining the services actually
rendered hereunder up to the date of termination of this Contract, consideration shall be
given to both completed work and work in process of completion, and to complete and
incomplete drawings and other documents whether delivered to CITY or in the possession of
the CONSULT ANT.
12. Agency. In performing the services specified under this Contract,
CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent or
employee of CITY.
13. Authority of the City Administrator. CONSULTANT shall perform all
necessary services provided under this Contract and outlined in the proposal and shall do,
perform, and carry out said work in a satisfactory and proper manner as determined by and
to the satisfaction of the City Administrator. The City Administrator reserves the right to
make changes, additions or deletions, to the scope of work as deemed necessary or advisable
to implement and carry out the purposes of this Contract. The City Administrator is
authorized to execute change orders.
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196
14. Responsibility of Consultant. By executing this CONSULTANT represents
and state to CITY that he/she possesses, or will arrange to secure from others, all necessary
professional capabilities, experience, resources and facilities necessary to provide to city the
services contemplated under this Contract. CONSULTANT further warrants that he/she
will follow the current generally accepted practices of the profession to make findings,
render opinions, prepare factual presentations, and provide professional advice and
recommendations regarding the project for which services are rendered under this Contract.
15. Materials and Equipment. CONSULTANT shall furnish at his/her own
expense, all materials and equipment necessary to carry out the terms of this Contract.
16. Digital Files. CONSULTANT shall furnish copies of all deliverables on
compact disks (for example, final report) in digital format . Files shall be compatible with the
current versions used by PC computers.
17. Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY's
auditor shall be afforded access to CONSULTANT's records, books, correspondence and
other data relating to this Contract. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Contract for a period of four (4) years after
final payment or for such longer period as may be required by law. In addition,
CONSULTANT agrees to make said records, books, correspondence and other data relating
to this Contract available to CITY at CITY's principle place of business upon seventy-two
(72) hours advance written notice. The City Administrator, or his or her designee, shall at all
times have the right to inspect the work, services, or materials. CONSULTANT shall
furnish all reasonable aid and assistance required by CITY for the proper examination of the
work or services and all parts thereof. Such inspection shall not relieve CONSULTANT form
any obligation to perform said work or services strictly in accordance with the specifications
of any modifications thereof and in compliance with the law.
18. Notices. All notices herein provided to be given, or which may be given by
either party to the other, shall be considered fully received when made in writing and
deposited in the United States mail, certified and postage prepaid, and addressed to the
respective parties as follows:
CITY:
CONSULTANT:
City Administrator
City of Carmel-By-The-Sea
P.O. Box CC
Carmel-By-The-Sea, CA 93921
Jeff Burghart
Burghart+ Dare
PO Box 223491
Carmel, CA 93922
19. Entire Contract. This Contract constitutes the entire contract between
the parties hereto and supersedes any and all prior contracts, whether oral or written,
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relating to the subject matter thereof. Any modification of this Contract will be effective
only if it is in writing signed by both parties hereto.
20. Validity. If any provision in this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in
full force without being impaired or invalidated in any way.
21. Assignment of Interest. The duties under this Contract shall not be
assignable, delegable, or transferable without the prior written consent of CITY. Any such
purported assignment, delegation, or transfer shall constitute a material breach of this
Contract upon which CITY may terminate this Contract and be entitled to damages.
22. Conflict of Interest. CONSULTANT shall at all time avoid conflicts of
interest, or the appearance of conflicts of interest, in the performance of this Contract.
CONSULTANT shall file statements of financial interest on forms provided by CITY to the
extent and at the times required by CITY'S Conflict of Interest Code and applicable law.
During the term of this Contract CONSULTANT shall not directly or
indirectly, either as a partner, employer, employee, consultant, principal, and agent or in
any individual or representative capacity, engage or participate in any business or
voluntary activity on behalf of any other party on any property located within the City of
Carmel-By-The-Sea without notification to City Administrator.
23. Non-discrimination/Mfrrmative Act ion. CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed,
color, sex, age, national origin, marital status, physical or other motor handicap, unless
based upon bonafide occupational disqualification.
CONSULTANT will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
creed, color, sex, age, national origin, marital status, physical or other motor handicap.
24. Counterparts. This Contract may be executed in multiple originals, each
of which is deemed to be an original, and may be signed in counterparts.
25. Laws. CONSULTANT agrees that in the performance of this Contract it
will reasonably comply with all applicable state, federal and local laws and regulations.
This Contract shall be governed by and construed in accordance with the laws of the State
of California and the City of Carmel-ByTheSea.
26. Attorneys Fees and Court Venue. Should either party to this Contract
bring legal action against the other, (formal judicial proceeding, mediation or arbitration),
the case shall be handled in Monterey County, California, and the party prevailing in such
action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge,
mediator or arbitrator hearing the case and such fee shall be included in the judgment,
together with all costs.
27. Severability. If any term of this Contract is held invalid by a court of
competent jurisdiction, the remainder of this Contract shall remain in effect.
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IN WITNESS WHEREOF, this Contract is entered into by the parties hereto in
Carmel, California, on the day and year first written above.
CITY OF CARMEL-BY-THE-SEA
By:
Its:
CONSULTANT
By:
Its:
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Attachment IV
ADM-PCS-RT -CE-012-13-14
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
THIS CONTRACT is executed this day of 2014, by and between the
CITY OF CARMEL-BY-THE-SEA, hereinafter referred to as "CITY" and Richard Tavener,
hereinafter called "CONSULTANT".
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope of
services under this Contract the services set forth in Exhibit "A" attached hereto and
incorporated herein by this reference.
2. Timely Work. CONSULTANT shall perform all duties incidental or
necessary in a timely fashion; and shall be performed diligently, competently, and in
accordance with professional standards of performance. Failure to so perform is hereby
deemed a material breach of this Contract, and CITY may terminate this Contract with no
further liability hereunder. City may agree in writing with CONSULTANT to an extension
of time. It is expressly agreed and understood that CONSULTANT shall not be held
responsible for delays occasioned by factors beyond their control, nor by factors that could
not reasonably have been foreseen at the time of execution of this CONTRACT.
3. Term. The work under this Contract shall commence March 5, 2014,
March 1, 2015. The parties may agree to extend or amend this Contract prior to its
expiration.
4. Compensation. CITY shall pay CONSULTANT in an amount not to
exceed $55,000, in accordance with this Contract.
Compensation under this Contract shall become due and payable thirty (30)
days after CITY's approval of CONSULTANT'S submission of monthly written invoices, the
first monthly invoice to be submitted upon signing of this agreement. Written invoices shall
clearly itemize each charge. The payment of any compensation to CONSULTANT
hereunder shall be contingent upon performance of the terms and conditions of this
Contract to the satisfaction of the City Administrator.
If the City Administrator determines that the work set forth in the written
invoice has not been performed in accordance with the terms of this Contract, CITY shall
not be responsible for payment until such time as the work has been satisfactorily
performed.
5. Additional Services. In the event that CITY should request additional
services not covered by the terms of this Contract, said services will be provided by
CONSULTANT and paid for by CITY only after a fee for said services has been agreed upon
between CONSULTANT and City Administrator and the City Administrator provides
written authorization for the additional work.
200
6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY or
its agents or employees with regard to services as set forth herein as may be required by
City Administrator to insure timely and adequate performance of this Contract.
7. Indemnification. CONSULTANT hereby agrees to the following
indemnification clause:
To the fullest extent permitted by law (including, without limitation,
California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legal
counsel reasonably acceptable to designated agents, departments, officials, representatives,
and employees (collectively "Indemnitees") from and against claims, loss, cost, damage,
injury expense and liability (including incidental and consequential damages, court costs,
reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation) to the extent they
arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of
CONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,
or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold
harmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilities
are caused in part by the negligence, or willful misconduct of such Indemnitee.
Notwithstanding the provisions of the above paragraph, CONSULTANT
agrees to indemnify and hold harmless CITY from and against any and all claims, demands,
defense costs, liability, expense, or damages arising out of or in connection with damage to
or loss of any property belonging to CONSULTANT or CONSULTANT'S employees,
contractors, representatives, patrons, guests or invitees.
CONSULTANT further agrees to indemnify CITY for damage to or loss of
CITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out of
CONSULTANT'S negligent performance of the work associated with this Contract or to the
proportionate extent they arise out of any negligent act or omission of CONSULTANT or any
of CONSULTANT'S employees, agents, contractors, representatives, patrons, guests or
invitees; excepting such damage or loss arising out of the negligence of CITY.
8. Insurance. CONSULTANT shall submit and maintain in full force
insurance as described herein. Without altering or limiting CONSULTANT'S duty to
indemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, a
policy or policies of insurance with the following minimum limits of liability:
Commercial general liability insurance including but not limited to premises,
personal injuries, bodily injuries, products, and completed operations, with a combined
single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.
Workers' Compensation Insurance If CONSULTANT employs others in the
performance of this Contract, CONSULTANT shall maintain workers' compensation
insurance in accordance with California Labor Code section 3700 and with a minimum of
$100,000 per occurrence for employers' liability.
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201
Other Insurance Requirements
A. All insurance required under this Contract must be written by an
insurance company either:
1) admitted to do business in California with a current A.M. Best
rating of no less that A:VI;
or
2) an insurance company with a current A.M. Best rating of no
less that A:VII
Exception may be made for the State Compensation Insurance Fund
when not specifically rated.
B. Each insurance policy required by this Contract shall be endorsed to
state that CITY shall be given notice in writing at least thirty (30)
days in advance of any cancellation thereof, except CITY shall be
given TEN (10) days notice for nonpayment of the premium.
C. The general liability and auto policies shall:
1) Provide an endorsement naming CITY, its officers, officials,
and employees as additional insureds under an ISO CG 20 10 07 04 or
ISO 20 37 07 04 or their equivalent.
2) Provide that such insurance is primary and non-contributing
insurance to any insurance or self-insurance maintained by CITY.
3) Contain a "Separation of Insureds" provision substantially
equivalent to that used in the ISO form CG 00 01 10 01 or their
equivalent.
4) Provide for a waiver of any subrogation rights against CITY via
an ISO CG 24 0110 93 or its equivalent.
D. Prior to the start of work under this Contract CONSULTANT shall
file certificates of insurance and endorsements evidencing the
coverage required by this Contract with the City Administrator.
CONSULTANT shall file a new or amended certificate of insurance
promptly after any change is made in any insurance policy which
would alter the information on the certificate then on file.
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202
E. Neither the insurance requirements hereunder, nor acceptance or
approval of CONSULTANT'S insurance, nor whether any claims are
covered under any insurance, shall in any way modify or change
CONSULTANT'S obligations under the indemnification clause in this
Contract, which shall continue in full force and effect.
Notwithstanding the insurance requirements contained herein,
CONSULTANT is financially liable for its indemnity obligations
under this Contract.
F. Any deductible or self-insured retentions must be declared to and
approved by CITY. At the option of CITY either: the insured shall
reduce or eliminate such deductibles or self-insured retentions as
respects CITY, its officers, officials, employees, and volunteers; or
CONSULTANT shall provide a financial guarantee satisfactory to
CITY guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
9. Licensing. CONSULTANT represents that it is properly licensed to perform
the work specified under this Contract, including but not limited to, possession of a current
city business license.
10. Termination. This Contract may be terminated by either party upon
thirty (30) calendar days written notice to the other party. In the event of such termination,
CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to the
date of receipt of notice of termination. An itemized statement of the work performed to the
date of termination shall be submitted to CITY. In ascertaining the services actually
rendered hereunder up to the date of termination of this Contract, consideration shall be
given to both completed work and work in process of completion, and to complete and
incomplete drawings and other documents whether delivered to CITY or in the possession of
the CONSULTANT.
11. Agency. In performing the services specified under this Contract,
CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent or
employee of CITY.
12. Authority of the City Administrator. CONSULTANT shall perform all
necessary services provided under this Contract and outlined in the proposal and shall do,
perform, and carry out said work in a satisfactory and proper manner as determined by and
to the satisfaction of the City Administrator. The City Administrator reserves the right to
make changes, additions or deletions, to the scope of work as deemed necessary or advisable
to implement and carry out the purposes of this Contract. The City Administrator is
authorized to execute change orders.
13. Responsibility of Consultant. By executing this CONSULTANT represents
and state to CITY that he/she possesses, or will arrange to secure from others, all necessary
professional capabilities, experience, resources and facilities necessary to provide to city the
services contemplated under this Contract. CONSULTANT further warrants that he/she
will follow the current generally accepted practices of the profession to make findings,
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render opmwns, prepare factual presentations, and provide professional advice and
recommendations regarding the project for which services are rendered under this Contract.
14. Materials and Equipment. CONSULTANT shall furnish at his/her own
expense, all materials and equipment necessary to carry out the terms of this Contract.
15. Digital Files. CONSULTANT shall furnish copies of all deliverables on
compact disks (for example, final report) in digital format. Files shall be compatible with the
current versions used by PC computers.
16. Audit Authority. CONSULTANT shall keep full and detailed accounts and
exercise such controls as may be necessary for proper financial management under this
Contract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY's
auditor shall be afforded access to CONSULTANT's records, books, correspondence and
other data relating to this Contract. CONSULTANT shall preserve these records, books,
correspondence and other data relating to this Contract for a period of four (4) years after
final payment or for such longer period as may be required by law. In addition,
CONSULTANT agrees to make said records, books, correspondence and other data relating
to this Contract available to CITY at CITY's principle place of business upon seventy-two
(72) hours advance written notice. The City Administrator, or his or her designee, shall at all
times have the right to inspect the work, services, or materials. CONSULTANT shall
furnish all reasonable aid and assistance required by CITY for the proper examination of the
work or services and all parts thereof. Such inspection shall not relieve CONSULTANT form
any obligation to perform said work or services strictly in accordance with the specifications
of any modifications thereof and in compliance with the law.
17. Notices. All notices herein provided to be given, or which may be given by
either party to the other, shall be considered fully received when made in writing and
deposited in the United States mail, certified and postage prepaid, and addressed to the
respective parties as follows:
CITY:
CONSULTANT=
18. Entire Contract.
City Administrator
City of Carmel-By-The-Sea
P.O. Box CC
Carmel ByTheSea, CA 93921
Richard Tavener
P.O. Box 1704
Carmel Valley, CA 93924
This Contract constitutes the entire contract between
the parties hereto and supersedes any and all prior contracts, whether oral or written,
relating to the subject matter thereof. Any modification of this Contract will be effective
only if it is in writing signed by both parties hereto.
19. Validity. If any provision in this Contract is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in
full force without being impaired or invalidated in any way.
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20. Assignment of Interest. The duties under this Contract shall not be
assignable, delegable, or transferable without the prior written consent of CITY. Any such
purported assignment, delegation, or transfer shall constitute a material breach of this
Contract upon which CITY may terminate this Contract and be entitled to damages.
21. Conflict of Interest. CONSULTANT shall at all time avoid conflicts of
interest, or the appearance of conflicts of interest, in the performance of this Contract.
CONSULTANT shall file statements of financial interest on forms provided by CITY to the
extent and at the times required by CITY'S Conflict of Interest Code and applicable law.
22. Nondiscrimination/Affrrmative Action. CONSULTANT will not
discriminate against any employee or applicant for employment because of race, creed,
color, sex, age, national origin, marital status, physical or other motor handicap, unless
based upon bonafide occupational disqualification.
CONSULTANT will take affirmative action to ensure that applicants are
employed and that employees are treated during employment without regard to their race,
creed, color, sex, age, national origin, marital status, physical or other motor handicap.
23. Counterparts. This Contract may be executed in multiple originals, each
of which is deemed to be an original, and may be signed in counterparts.
24. Laws. CONSULTANT agrees that in the performance of this Contract it
will reasonably comply with all applicable state, federal and local laws and regulations.
This Contract shall be governed by and construed in accordance with the laws of the State
of California and the City of Carmel-By-The-Sea.
25. Att orneys Fees and Court Venue. Should either party to this Contract
bring legal action against the other, (formal judicial proceeding, mediation or arbitration),
the case shall be handled in Monterey County, California, and the party prevailing in such
action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge,
mediator or arbitrator hearing the case and such fee shall be included in the judgment,
together with all costs.
26. Severability. If any term of this Contract is held invalid by a court of
competent jurisdiction, the remainder of this Contract shall remain in effect.
IN WITNESS WHEREOF, this Contract is entered into by the parties hereto in
Carmel, California, on the day and year first written above.
CITY OF CARMEL-BY-THE-SEA
By:
Its:
CONSULTANT
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By:
Its:
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Exhibit "A"
Consultant shall serve as the City's special events coordinator and liaison for planning,
marketing and enhancing community events; aligning this work with the Destination
Marketing Plan's Strategic Marketing priorities through cultural and educational tourism
including:
Enhancing/Expanding the cultural and educational tourism aspects of City events with
the goal of increasing annual vi sitors to Carmel-by-the-Sea by 3,000 with corresponding
,at least two-night, mid-week stays.
Develop high quality cultural and education tourism packages tied to events to attract
visitors and mid-week, multi-night stays.
Consultant will be responsible for:
Planning, organizing, coordinating, promoting and facilitating the City' s special events
working with community partners and other required individuals and/or groups.
Scheduling, maintaining communication with speakers, vendors, and participants;
coordinating and monitoring event timelines.
Proposing new ideas to improve event planning.
Conducting research, making site visits and f inding resources to facilitate decisions
about event possibilities.
Assist with preparing budgets and provide periodic progress reports for each event
projects.
Measured Outcomes:
Transient Occupancy Tax (TOT) & Retail Tax
Recognition for Carmel as the place for cultural and educational tourism
Expand website event presence for cultural and educational tourism