HomeMy WebLinkAboutC-5257 - PSA for Marketing for 2013 Restaurant WeekPROFESSIONAL SERVICES AGREEMENT
WITH CMC, INC. FOR
2013 NEWPORT BEACH RESTAURANT WEEK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this 1st day of July, 2012 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and CMC,
Inc., a California corporation ( "Consultant') DBA California Marketing Concepts, Inc.,
whose address is 1550 Bayside Drive, Corona del Mar, CA 92625 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to develop, manage, market and coordinate
the 2013 Newport Beach Restaurant Week. ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Susan
(Peggy) Fort.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2013 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed One Hundred Thirty Nine Thousand Eight Hundred Fifty
Dollars and 00 /100 ($139,850.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Peggy Fort to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Tara
Finnigan, Public Information Manager or his /her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
CIVIC, Inc. Page 3
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain.a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
CIVIC, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
CIVIC, Inc. Page 5
i
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint-venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with
Microsoft Office and /or viewable with Adobe Acrobat.
CIVIC, Inc. Page 6
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Tara Finnigan, Public Information Manager
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3035
Fax: 949 - 644 -3020
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Susan (Peggy) Fort
CMC, Inc.
1550 Bayside Drive
Corona del Mar, CA 92625
Phone: 949- 675 -0501
Fax: 949 - 675 -0508
CIVIC, Inc. Page 8
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: O i
By:
Aaron C. Harp M Q q0s
City Attorney U
ATTEST:
Date: /0 -
BY: lbw a
Leilani i. Brown
City Clerk ,
''OR NIP'
CITY OF NEWPORT BEACH,
A California mu icipal corporation
Date: jD//o1Y
By:
Na cy Gard
Mayor
CONSULTANT: CMC, Inc., a California
corporation
Date:
By:
Susan M. Fort
President
Date:
By:
Susan M. Fort
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
document2
CMC, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTON Y'S OFFICE
Date: L
By:
Aaron rp m b
City Attorney
ATTEST:
Date:
By:
Leilani i. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: CMC, Inc., a California
corporati
Date: 2,(20,
By.
Susan M. Fort
President
Date:
By.
Susan M. Fort
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
document2
CMC, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
CMC, Inc. Page A -1
FAR
CMC INC. PROPOSED PLAN OF WORK- TASK OVERVIEW:
OVERALL PROJEcT MANAGEMENT
CMiYnC. Lead Personnel.. Peggy Fort,. President & CEp
b
Assign Responsibllities'to Sub- Contractors & I Volunteers'
•
Compile & Evaluate NBRW Post Campaign Surveyfeedback: &.Results
•
Confer.with City, N_BRA BID Board Members, Restaurant Owners; Sponsors &'Vendors to Discuss
Compile & Distribute Promotional Piece Describing Benefits & Offerings for Participants
Issues, CoordinateTrogramming, Develop Marketing Activities., & Resolve Problems
Conduct BRW Orientations & Distribute, Promotional Materials To Participants
Develop & Manage „NB Restaurant Weekaunch Event Component'+
•
Develop,Agendas, Informational Meetings '& Sub' - Committee. Meetings
•
Manage Dynamic Budget & Cash Flow in Conjunction with NBRA•BID Board of Directors
•
Manage ,Dynamic.Project Schedules & Production Timelines.
Grow Participation in;2012 New p ort Beach Restaurant Week
Manage NBRW Executive Working Sub- Cpmmittee Comprised of.NB:RestauraPtOwners
•
�J
Manage NBRW 'Participants,StrategioPart ners, Sponsors, Project Coordinators; Sub- Contractors
Solicit &- Confirm Newport Beach. Restaurant Participation With a Goal of
Vendors
•
Negotiation'& Strategic Planning of NBRW`.Partnerships ,Speciai`Events &;Promotions
Prepare,& Present Reports Concerning Marketing°Activities,Expenses; Budgets, & Other Items
Affecting Buslness.or'ProgramS.ervices
•
.Prepare NBRW Budgets for Approval, Including Funding'& Implementation of Programs
■
,Promote Restaurant Week Experience Specific To'Each NB Neighborhood
- Review & Present Reports & Proposals toAlecommend Approval;or to'Suggest Changes`
e
'Secure InternalActive Participation of Newport Beach Restaurants,
:Work with NBRA BID To Plan Restaurant W.eW,Campaign Specifics, &' P.rograms
CMC Inc. Lead Personnel. ,Peggy Forts, President & CEO ..
'CMC„inc. Personnel.SUpport. Giang Hua Rupp,, Peggy, Hoyt CMQWp Associates
a
Bill'TCollect Restaurant Application Buy.in'Fess
i
Collect ParticipatingRestaurant ;Menus:& Publish oh Web Site &;Collateral Material
Compile & Distribute Promotional Piece Describing Benefits & Offerings for Participants
Conduct BRW Orientations & Distribute, Promotional Materials To Participants
p
Conduct' Surveys &:Compile Feedback to'Improve NBRW
.
:Develop Post Restauranf Week'Bounce Back Promotions With Restaurants
•
,participatiitg
:Direct All Restaurant industiy'Servicing; Communication &Correspondence
o
Grow Participation in;2012 New p ort Beach Restaurant Week
•
:Produce.& Monitor NBRW Participant Resources: Point of Sale nits; Menu Development, In-
Store Display, Cross Promotions & Launch Event Participation, etc..
Solicit &- Confirm Newport Beach. Restaurant Participation With a Goal of
a
Work With Restaurant Owners & Personnel To1everage Marketing Campaign Exposure
COL4i-'0EI-5'!; MiARSUTIN(i FUVI I1):[','f I!( W
cll4(: "n c. f Peg p y I'c,: I'., 6c n' & CE6
CWClac. Personnel Support: Fronk Chf6rson, DOAIelo Bolzrnb, in, GiongHua'R&pp - ChIC inc. Associates
CTV,'( inc. Vendor,Support., GoldenCorrim.corn, CMC Inc-Sirctegic Web Site Partner
• Compile Lists & Promotional Pieces Describing NBRW Benefits & Offering's
• Conduct Economic '& Commercial Surveys to Identify Potential Markets to Promote NBRW
•
Coordinate .&Participate.in Promotional Activities & Community Events, Working with Strategic
Partners Sponsors,,,Media0utlets, and Restaurant Ow rs MarkeLi NBRW Partners; . .1 _ ne to.,. tN W
• Create & ExecUtie Post NBRW Bounce Back Promotion,
•
Create :Newport Beach Restaurant Week Identity Consistent Brand,
■ Create Nmport'Madh Restaurant Week Markitkg Collateral Consistent Brand
Develop &,Ifxe(;uteAgUessive OngoingVarketing Campaign to Promote NBRW
Develop & Execute Aggressive Ongoing Publizlelatiors,'Campaign to P ,
romdte.NBRW
o Develop S Execute N BRW
Restaurant Marketing gt Promotion Plan
Develo�p'lnternet=,nOpportuniti�?s Driving More Consumers to*RRA BID Official Web
Site www.Newpo F com Leveraft On I ne e
i R seryattion System
.,
• -Develop; In te rnet Marketing Opporunities to1everage Online Resewa i. 6h System
• Develop Social Networking. & Media. Marketing Campaigns Driving More Consumers to:
Www.Newb6rtBdachDinIhex6rn
■ Expand & Execute Marketing& Publicity. Carnpaign.in Local, Touriism aftd;Hospitaihy Markets
I&
• Expand Execute Media- Advertising Campaign T . hrough Pairtnership Marketing Opportunities
• For u I ate, Direct & Coordinate Marketing'Activlties & P I i: cizs to Prom ote NB R wi
th"feam.
■ Identify, Develop, &,Evaluate Marketing Sti t Baisedon Knowledge of NBRW ObiediVes,
, a egy,
Market Characteristics, Cos't & Markup Factors
■ Use Sales Forecasting &,Sthategic Planmng;to Ensure Success &Trofitabill-ity of NBRW Ahalyiing
Industry Developments 9t Monitoring Market Trends
C Inc. Lead' Personnel.,,Peg#y Fort, 'Presidehit & CEO
:CMC)nc.,Personnel Support: Fronk Chfarsonj CM[ fric,Associate
;De4elop, Corporate, Sponsorship, Package X:.Ben6fi&
Develo 4 p , I " nter I n . aj Marketing' & Sponsorship'Pac I kage
Develop NORW I Spons . qe,stewiroshlo Report
Secure Media In-Kind-Sponscirshipson behalf of NBRW'
Secure;Whimal Buy-lh Cost &*eneAts Fo'r.NBRW'- Restaurant.Participa-rits
a
.,CfWClnc , � Lead Pers,onnel:.Peggy FqrtAPm1dmt &CE.0
�ql
Build City, CRA, Visit Newport Inc: & Chamber of Commercie Si
D`Welop`16stiurantPairtid atiOlktO . Deration
■ Secure Event, Flag &Sanner Permits
Food - Industry Purveyor In -Kind Contributions
W Secure ln-Kincl Contributlons,&Volunfeer Support
Work With NBRA Board -
ToSecumNBRA.BID1 &,'CIW Funding,
c!, Secure Restaurant in -Kind Coritributioris— Launch Events; etcr
CRI ATIVI. lAGAAiERAL & BRAND il;LNTITY CAMPAWN
Cft4Clnc.I cod Personnel., Peggy'Forl, President& CEO
ChSC Inc. Personnel Support: Frank Chlarson, Daniela Eolzmonn, Giang Hua Rupp, rCMC Inc. Associates
• Create & Display Catywide Flags, Banners & Signage
• Create Newport-Beach Restaurant Week Display Material & Posters
• Create Newport Beach Restaurant Week Postcard & Insert Production
• Develop & Distribute Orientation & Marketing Packets for Participants
• Develop & Execute Ad Campaign Creative, & Graphic Design.
• Develop NBRW internal Sign Up'Packets & Restaurant Marketing Kits
• Develop Newport Beach Restaurant Week Identity. Package Design
• Initiate Direct ^ Mail Campaigns, Inserts & Postage
RESTAURANT WEEK WEB SITE DEVELOPMENT
CMC Inc. Lead Personnel: Peggy Fort,- President & CEO'
CMCInc. Personnel Support: Daniela Salzmann, Giang Huo.Rupp, CMCtnc. Associates
CMC-Inc. Vendor'Support:- GoldenComm.com, CMC Inc Strategic Web Site Partner
• Create Efficient Web Based Menu and ContentU.pload& Updates
• Develop NBRA Sociai:Networking Community of& Internet Driving Traffic to NBRW &
www.Newj)ort8eachDinig.com
• Develop-Strategic Internet,Cross: Promotional Campaigns.& Link Alliances
• Implement StO Strategic Plan To Drive More Traffic ,to NBRW Pages
• -Strategize & Oversee. NBRW Blog Posts on WwwMewoortBeachDinina.com
• Strategize & Oversee NBRW Web Site Refresh — NBRW Announcements;,Menus, Event's,;etc.
' j SOCIAL MEDIA MARKETING DEVELOPMENT
CMC Inc. Lead Personnel: Peggy Fort, President & CEO
CMC Inc. Personnel - Spppott; Donlela Bolzmann, Giong Hua Rupp, CMC Inc. Associates
CMC Inc. Vendor- Support.�;GoldenComm.com, C0C lnc; Strategic Web Site Partner
• Develop & Sfrategde "NBRW VIP Text Club Campaigrs
• Develop- &:Strategize- Strategic Social Media Campaign to.Leverage Publicity; Build Brand
Awareness,Visibility' &Generate Participation in NBRW
• Develop Strategic�Social Media Marketing Campaign-4 Cross Promotions on Face Book, Twitter,
,& Foodie Blogs, etc.
MEDIA CAMPAIGN DEVELOPMENT
CMC lnc.Lead'Personnel.- Peggy Fort; President & CEO
CMC Inc. Personnel Support: Frank Chlarion,CMC Inc. Associate
• 'Discuss &,Negotiate Topics Such as Contracts, Sellection of Advertising Media; orMessaging to
,be Advertised
• Gather, &Organize Information to, Plan Advertising Campaigns: In & Out of''Market
• Design & Inspect Layouts, Adveising. Copy &' Edit , Scripts, Audio , &;Video Tapes; & Other
Promotional Material for Adherence to Media Specifications,
• Plan''& Prepare Advertising & Promotional Material to Increase Participation in NBRW-
• Prepare & Negotiate - Advertising & Media Sponsor Contracts
• Read Trade Jourrials & Professional literature to Stay Informed an Trends, Innovations., and
n Changes.that affect Media Planning
n,
D I Rf C1 brVE'LOPIVICH'i
Ch?,C Inw, I t'r -'Fersonneh Fcppy 1,. rf. President l& CEO
,tMCInc. Personnel Support: Frcnk Chlarsoln, CIA4CAcAssopf'ote
• Direct& Manage LAtmes NBRWSpa'dea WralYCarnpaigns
• Manage City Water Bill Insert Campaign— November & December
• Manage Insert Campaigns with Media Partners
• Manage Southern California Online Ad Campaigns — OC Register, LA Times, ,Daily Pilot etc.
• Manage Southem-Calif6miaRrint Ad Campaigns— OC Register, LA Times, Daily Pilotetc.
TARGET LIST OF PRINT& ONLINE MEDIA PARTNERS:
• 'Churm'Publishing OC Metro, Metro Menus
• Coast Magazine
Dining Put Magazine
Laguna Beach.IndependentNewspaper
LiveQCMagazirve
,w Los Angeles Times. Community News -Daily PilotH B Independent, LB Coastline pilot
Newport Beach Magazine
agazifte
OC Weekly Newspaper
brange Coast Magazine,
Riviera Magazine
TARGET UST OF- BROADCAST RADIO.PARTNERS:
U q 101.5 kOCI Radio
a 92.7 JILL FM Radio
■ kWAVEA kEARTH — CBS Radio
0! Develo,p PSA Radio.Spbts
PARTIAL TARGET USTOPONLINE & SOCIAL MEDIA,PARtNERS:
Coronadelmartoday.com
DaiiyCandy;corn
ballyVoice.com
6 GreersOCcom
• OCIVenus.com
• Opentable7xorn
Patch.corn
Yelp.com
ai Zagat.com
PUBLIC DEVELOPMENT 9,1EXECLIMIGN.
Lddd Personnef. Peggy Fort, President Si tEO
cmc Inc. Personnel Support: Glong Hua Rupp, CM CInc.A ssoclate
Ad as Official NBRW Spokesperson
Coordinate & Invite Media To Newport Beach Restaurant Week Events
Coordinate Interviews with'Participating RestaurantChefs & NBRA Board.of Directors
Develop,& Leverage Ongoing,PublicityCampaign to,Promoie;NARW
Develop &, Maintain NBRW1rna&e:&'IdentI.ty, Which Includes the'Llise of Logos k Slognage
Develop NewportBeach Restaurant Week Press Kit
Develop Pre & Post-, Pub4icity Carnpalgq.
I -
1.clop kzmdio & C'able l' :;ECS v; ith'Media Pa „n =,c
el;Iish S I;§almo -in l;R., : • e. l!foiking Relalior_-i', ?s( a ith Local & Munici`;' c. vei nment
Officials & Media Representatives
Evaluate Advertising &•Promotion Programs for Compatibility with Public Relations Efforts
Execute &Supervise & The Activities of Public Relations Campaign
Expand Editorial Coverage Through Ad Buys & Editorial Calendar Research
a Identify Main Campaign T,arget Demographic-Groups &Audiences & Determine :,the Best Way to
Communicate Publicity Information to Them.
• Manage & Oversee NBRW Photography & Video Clips Consistent with Brand
• Manage Relationship, With Business Newswire Services
• Manage, Relationship With Online Media Monitoring & Clipping, Services
• On -Going Media Servicing on Behalf of NBRW PR,Opportunities
• On -Going NBRW Press Release Development & Media Pitching
• Write Interesting & Effective,Press Releases & Prepare lnfofmation for Media
EXECUTE PUBLICITY CAMPAIGN TARGETING PRINT &ELECTRONIC MEDIA OUTLETS:
CMC Ina lead Personnel.• Peggy ForQ President & CEO
CMCInc. Personnel Support: Giang Hua Rupp, CMCInc. Associate
• Business Newswire Releases: All Southern California Media Outlets
• Local Print & Online Newspapers and Periodicals: Los Angeles Times, OC Register, DailyPilot, LB'
Coastline, LB independent, HB Independent, The Current, Riviera Magazine, Coast Magazine,
Orange Coast Magazine, Newport Beach Magazine, live OC, OC Weekly; etc:
• Consumer Tourism: Sunset Magazine, Where Magazine, local Concierge, etc;
•. Meeting &'Corporate Market: Le.: Meetings in the West; Convene, etc.
• Business: Le.: OC Metro, OC Business Journal,.Loc all 'Restaurant ' News
l a Foodie & one: Dining Out, Metro Menus, Dining & Destinations, etc.
t✓ n Restaurant & Hospitality Industry GreatTaste, Restaurant Industry News
c Local Association Outreach &.Newsletters; Balboa Beacon, NB &CdM Chamber Newsletter_,_
NB,CVB & AOCVB Newsletter & Visitor Guides, etc.
EXPAND' BROADCAST MEDIA PARTNERS
CMC Inc. Lead Personnel; PeggyEort; President & CEO
■ Develop Thirty Second Promo-Video Spot
*' PSA Spots— NB TV News' Local, Cable „Comcast fiinie Warner.Cable TV
Coordinate Interviews with Restaurant Chefs, City. Officials & NBRA Board of Directors
m Coordinate'Media''To AttendlRestaurant.lNeek Press Reception
Produce All Aspects Of.NBRW'Press Events "to Leverage Publicity Coverage
COMMUNITY RELATIONS DEVELOPMEN
CMC ldc. Lead Personnel. Peggy. Fort, President'& CEO
e Primary Communication with City, NBRA BID Board of Directors,.Partners & Sponsors
City Council Meeting.Presentations &' Ongoing - Meetings.
Conduct Presentations foPromote NBRW'.in Community
Coordinate Meetings & Presentations to Promote NBRW in Community
•' Develop Grassroots Community Relationsf ,Marketing -.Plan
• Direct & Answer'ConsumerMessaging'& Questions Rei:NBRW
■ Recruit Community Volunteers Outreach Campaign
FRC.L' " "! Fi'S AURAN1* WEI'i:C E LCikL EVENTS
CMCIrc. Lead - Personnel. Peggy Fort, President & CEO'
Cr hfc. Personnel Support
FrankChlarson, Daniela,Bolzmann,.,Giang Hua Rupp; FeggyHoyt, CMC Inc. Associates
• Produce.& Coordinate NBRW Chef's Cooking Pavil ion. LauncR Event— September'
• Produce & Direct All Aspects NBRW'Special Events on Day of Event
• Produce NBRW Orientations For Restaurant Owners- Winter
Produce Restaurant WeekGala La "unch Party — January
•
Produce : Restaurant ; Week Pre& Post Party Sponsor Events
• Arrange: Venue, Audio - Visual Equipment, Transportation, Displays, &'Other Needs,
Conduct.Post- EventEvaluations'to Determine How. Future Events Could be Improved
• Confer with Partners; Staff, &`Volunteers at Event Site to,Coordinate Details
o Confirm Media Attendance at Gala Launch Events
• Consult-with NBRA'BID Board and Restaurant Owners to Determine Objectives '& Requirements
for NBRWEventsSuch as Orientations, Media Events;Gala Launch,Party, & NBRW.,Pre Parties
• Coordinate,All AspectsOf NBRW Special Events
• Coordinate= Services for Events; Such as Facilities; Catering,$ignage; Displays, Special Needs
Requirements; Printing &, Event Security,
• Develop-Strategy, Logistics and Negotiate Event Detail
•
Manage {haritkomponenf & Work With Official Benefactor If Appropriate
• Monitor = Program & Event Activities to Ensure Compliance wifh,Applicable,Regulations & Laws,
Satisfaction-of 'Participants,' &; Resolution,of any Probiems,thatAnse.
CMCIn'c. Lead PersanneL•,PeggyFort, President &-CEO & NBRW Participants
'. CMCInc. Personnel Support: Giang Hua Rupp, Peggy Hoyt, CMC tnc'. Associates
Produce :& Distribute NBRW,S'aies Tracker& Sales ResultForms
•. Produce & Distribute NBRW Online "Post,Campaign Survey
• Compile -NBRW Marketing-& Media,Statistics Results
• Compile :NBRW Marketing &,Media;Fxamples
Produce & Manage NBRW`PosCCampaign Recap Meeting;
•
Prod uce 'PosfCampaign.$iewardship Report forNBRA BID &City
C Inc. Personnel Support. Peggy Hoyt; CMC lnc. Associate
CMC,inp 'VendorSupportf Island Oasis CMC;lnc: BookXeeping Services
®- :perform:routineclerical and`a 1ministrative functiomsuch as draftln; correspondence; billing;, 1.
tiook keeping; sched'uhng appointments; organizing and maintaining paper and electronic files,
or providing informationto callers„
• Provide ongoing NBRW ad ministrative`service, coordination & supportto NBRW
Director/Project _ Manager, conduct research; prepare;statisticAl reportsi'handle information
requests.
o Perform some dutiestoo varied anddiverse.to be.ciassified in.anyspec fic;oflice clerical .
category requiring'lintited knowledge of NBRW, office managerrieht systems and NBRA,BID
l� procedures. Clerical duties may assigned In accordance with'the office procedures of idividual
marketing programs and may include a'combination of answering telephones,.tiookkeeping,
typing or word'processing, office machine operation`and filing, etc.
NG1.S'
F EI• ilM'!:TRATIVE A`_Ll 111K
Cf ✓C Ira.Personnel3upport: Peg, Hoyt CMC lnc. Associote b Peggy Fort ClulC.lnc. President &CEO
CMC lna Vendor Support: BoIysideClaycos Office Management
Answer Telephones & Provide Information to alters, Take Messages, or Transfer Calls to
Appropriate Ind ividua I
•
Assist with Compiling Lists Describing NBRW Marketing programs, special events & Promotions
•
Assist:with Copying Agendas, Handouts & Make Arrangements for Committee, NBRA'BID Board,
Other Meetings
•
Communicate•with Customers & Other Individuals to Answer Questions, Disseminaie.or Explain
Information & Address Complaints
•
Compile;, Copy, Sort`& File Records of Activities, Business Teansactions; & Other Activities
•
Compute, Classft Update Dat abases & Record Data to.Keep Records Complete
•
File &,Reteieve:Official Documents, Records & Reports:
•
Greet Visitors & Callers, Handle Their inquiries 8& Direct Them to the Appropriate_ Person or
Resource According -to their Needs
•
Lea rn,to operate new office, technologies as they are developed & implemented
•
Maintain & update filing; inve'nt'ory; mailing, and database systems, either manually or using a
computer-
•
Make Copies of Correspondence & OtherPrinted Material
•
Open, Sort &Distribute Incoming Correspondence, Including Faxes & Email
•
Operate :& P, rogram Office Equipment Such as Fax Machines,',Copiers & Phone Systems, &
Scanners,.Voice,Mail- Systems & Personalcompllters.
•
Operate Gomputer,Programs to Recorrl, Store & Analyze Information
•
Perform General:Office Duties Such as Filing, Answering.Telephones & Handling Ro'iitine.
nce
Perform General Office Duties. - Suchres Ordering Supplies, Maintaining Records Management
Systems' &,Performing Basic Bookkeeping Work
r
Prepare Invoices, Reports, Memos, Letters, Financial Statements & Other Documents using'
Word Processing, spreadsheet, database, or presentation software
•
Prepare Responses to Correspondence Containing Routine Inquiries
•
,Set Up'& Maintain Paper & Elec_tronicFiling Systeriis for Records; Correspondence &Other
Material
•
Use Corno, tersforSpeeadsheet, Word ' Processing, Database.Managenient &.Other Applications
MISC. RESTAURANT ADMINISTRATION
CMCIne.'Personnef`Supportt. Peggy Hoyt{ CMC Inc.;Assoclate & Peggy Fort ,EMCInc. President,& ad
CMC Ind Veridor'Support: Bayslde Claycos Qf/ice Management
-Assist:whh Coordinate NBRW Official Mailings-
Assist with Coordination of NBRW Participant Orientation Meetings
Assist with Restaurant,& Participant Servicing &Correspondence
Follow- Up'6ntact& Servicing';with'NBRW.Particioif* Re: Sign Ups; Paperwork, Menu
Development, In -Store Display & Promotion; Deliveries,%etc.
MISC. SPECIAL EVENT AsstsTANCE
CMC Inc. `Personnel'Supporh Peggy Hoyt & EMC Inc. Associates &-Volunteers
CMC Inc. VendorSupponte Bbyslde ggycos Office Management
Assist with Coordination of NBRW Gala Event, Pre &Post.PaityEvents
, a Assist with Coordination of NBRW Press Conference
• Assist with Coordination -of NBRW Volunteers
• Coordinate. NBRWSub= CommitteeAgendgA
IYbi ?.'irA� ;r,pc:115TT.rT1Ut.
CM( Ric. Personnel5upport: Ciana Huo:Rupp, Peggy Hay it Doniela Bolzmann, CMC Hie Associates
CIKC1nc. Vendor Support: Goldericomm: com, CMG tnc strategic Web Site Fanner
Assist; with NBRW Social Marketing Campaign
• Assistwith NBRW WebSite Refresh — Collect & Organize Content, etc
• Assist with NBRA Online Reservation feature Updates in Conjunction with Vendor
• Assist with Web Site Updates & Refresh °for NBRW
• Misc. Research &,Postings on Blogs &.Social Networking Sites
• Update & Proof NBRW Content,& Link Alliances
MARKETING COORDINATION ASSISTANCE
CMC1 nc. PersonnelSupport:'PeggyFart,President &.:CEO Peggy Hoyt- CMC Inc. Associate
CMC1nc Vendor Support: GoldenCoinm, co" m, CMCInc.Strateglc.WebSitePartner
Assist with Coordinating Marketing Activities to Promote NBRW Working with Proje_ ctManager
& NBRW Director
Assist "with Coordinating NBRW Database Management.
m Assist with Coordination of'NBRW Vendors
Assist with :Execution of Marketing Strategy Based on Knowledge of NBRW Objectives Trends &
Budget
Assist with'Sponsoi Servicing and Correspondence
.Assist:With coordination &'participate.in promotional activities & special events, working with
estaurants, sponsors. and vendors, to market NBRW'
Assiist -with NBRW Survey; Resufts, & Misc. Servicing,
l
PROPOSMSCHEDULE e3tTIMELINE
(Drafted: April'1012)
MPNTH
TASKS TO BE DONE
April aoia:
?Aprll 2, 2011.- ,Submit 2613 NBRW .RFP 'To'City-
"2012 NBRW Results Presentation to City Council
*April 2012- NORW RFP Interviews . —TBD
.*May 2012,• NBRW RFP Awarded
May 2012..
i'Approve ': Proposed :NBRW ..Business Plan w.NBRA Board
°June 2012 —.PSA Contract'Negotiation Complete & Sighed
June 2012
°June 2012 - NBRW.PSA on City Council Agenda
• Begin Community.& Industry Outreach,Campaign
• Initiate Media &'Corporate. Sponsorship Development
• Work"with NBRABID�Boardon Campaign Specifics
` "July 1,2012 = FV,2013,NBRW P.SA Start Date
July2012__,
D Begin Restaurant: Event Coordination Effort
o Community, & Industry Outreach Campaign
• Develop Corporatg Sponsorshlp Package,
• Develop Launch EventComponents
,o Develop Media:Sponsorships
❑ InItiate.Media & -Corporates Sponsorship Solicitation
o Initiate Productibn of Marketing Collateral
o Misr. Sponsor & Partner Servicing,
:0 Updating NBEtW Sponsorship Booklet.
o Community. &Industry0utreach Campaign
August 2012
o Corporate Sponsorship Solicitation
❑ Develop Launch Event "Components
o General Web Site Updates Complete
❑ Local Media Press Release,Announcements
❑ Marketing and AdvertisingCampaigri Development
D Marketing Collateral Complete:
d Media Ad Camlialgn Development
to Media Press Release Announcement
o N @RA Restaurant Sign UpsFprNARW
❑ -•PRCampaign,Launched
�i
V�
FF- iI lUant I vert ::r. •::nwioc f:liort
Secure Media Spor::::::.ips
• Sign Up NBRA Restaurants-For NBRW
• Social Media Campaign Launched
• Sponsorship Servicing & Development
• Community & Industry Outreach Campaign
• Corporate Sponsorship Solicitation
• _Development of Cross Promotional Campaigns & Contests
• Local Media P.ressRelease.Announceinents
• Marketing and Advertising Campaign.Development
• Marketing Collateral Development
• 'Marketing Collateral Distributed
o Media Ad Campaign Development
• NBRA RestauraritSign Ups For NBRW
• Planning'For'Media VIP-Gala Event-
❑ PR Campaign Development & Execution
• Research Citywide Flag Promotion
• Restaurant,Even tCoordinationEffort
- -
• "Secure Media Sponsorships
• Sign Up.NBRA Restaurants for NBRW-
❑ Soclial Media Campaign ::Development& Execution
• Sponsorship Servicing & Development
• Web Site Maintenan [e.&',Development
°September .14 -16 -, Taste of Newport Chefs Cooking, Pavilion
Community Marketing Kick Off
o Community & Industry Outreach,Campaign
❑ Corporate Sponsorship solicitation
❑ Development of Cross Promotional Campaigns & Contests
❑ Local Media Press Release Announcements
• Marketing and Advertising :Campaign Development:
• Marketing Collater'ADevelopment
• Marketing Collateral Distr buted-
o Media'AdCampaign - Development
o NBRA Restaurant,Sign Ups For NBRW
o NBRW Planning Meeting For Participating Restaurant's
11 On- Site'Restaurant Promotion:Kit,Developed
• ,Plan Orientatiob;Meeting For'Participating Restaurants
• Plan. Consumer Kick Off Party
Plan VIP WAM Gab Launch Eventl
• PR Campalgn.Development-&k Execution
• Research Citywlcfie Flag *om,otfon
• Restaurant .EventCoordination:Effort
• Secure Media Spohscirships
o Sign UpNBRARestaurantst'For NBRW
• Social Media ,Campaign Development - &.Execution
• Sponsorship Servicing &;Dev_elopment,
• Web She. Maintenance .'& Development-
- °October; 31; 2012 - Early'Bird, Deadline for :NBRW Sign; Ups
'•'c cn,.Fwi 2012 .l ❑ Eill I,ERW Fzrtiri;,.. +.:: Gi £ug li.. Fees
Ci:y Mater Eiji Il:a<r. I •ogiam. - November
❑ Development of Cross Promotional Campaigns & Contests
o Distribute NBRW Collateral Display To Restaurants
o Marketing & Advertising Media Campaign
• Marketing and Advertising Campaign Development
• NBRW Orientation Meeting For Participating Restaurants
• OCCommunity Direct Mail Campaign
❑ On -Site Restaurant. Promotion
o Plan Consumer Kick. off Party
o Plan VIPMediaGala Launch'Eveot
❑ Planning For Charity Gala Event Web Site Development
c; Process &.Pay.NE,RW bills & Update :Financial Reports.
o Public Relations Campaign
o Sign Up NBRA Restaurants For NBRW
o Social Media: Campaign Development. &Execution
o Sponsorship Se'ryicing'& Development
o Web Site Maintenance &:Development
*November 14, Z012 — : Industry Orientation Event
-*November 30, 2012 — Deadline for NBRW Sign Ups
❑ Bill NBRW Participants for Buy In Fees
o City Water Bill Insert Program — .December
❑ Coordinate.Bloomingdale's Live Cooking Demos
❑ Development of Cross Promotional Campaigns &:Contests
o Distribute NBRW CollateraCDisplayTo- Restaurants
• Hang Up NB Restaurant. Week Posters
• Marketing & Advertising Media Campaign
o Marketing Collateral Distributed
o NB Restaurant' Week Banners
:o NB Restaurant W,eek,Posters
❑ On -Site Restaurant Promotion
o Plan Charity Event Gala — Thursday Night In February
'o Planning For Press Conference
• Process & pay NBRW, Bills & Update Financial, Reports
• Public Relations Campaign Execution
*December 7, 2012 - Deadline for 2013 NBRW Menus
°December7; 2012-2013IV6RW Sponsorship Deadline
'❑ BIII NBRW Participantssfor My In Fees
❑ Coordinate 'Bloomingdale% Live Cooking Demos
o Marketing & Advertising Media Campaign
o 'Marketing Collateral`Disfribuied_
o NB' Restaurant; Week, Banners
,b NB Restaurant Week Posters-
i❑ Process & Pay NBRW Bills & Update Financial Reports
b On -Site Restaurant' Promotion Kit Developed
o Public Relations Campaign Execution
*January 2- January 27, 2013 - Hang Up CiiyWide Flags.
*January 4,2013 —All NBRW',Menus On Web Site
`*January 10, 2013 -'Gala launch -Media & VIP Event
*January 17;2013 — Consumer Kick Off Parti
°January 8-27,2013 Newport Beach Restaurant -Week
'*Bounce Back Promo Beglns -January Z8, 2013
v, I = F!c::uce r. Di!Itr. "-&Iv Iie.";erg Sale = F.: !c;in,
L: I'i:r,d.uce 1, Di s', EFW Griflne'Pe.,t C. q:! SurvcA'
p Compile NBRW - Marketing & Media Sta.tistics'R esults
❑ Compile NBRW Markcting & Media Examples
a Process & Pay NERW Bills & Update Financial Reports
a Produce & Manage NBRW Post Campaign Recap Meeting
*February 6, 201.3 —VERW IndustryWrap Up Meeting
March Z011 ❑ iProduce Post Campaign Stewardship Report
• Compile NBRW Marketing & Media Statistics Results
• Compile NBRW Marketing & Media Examples
❑ Conduct One-On One interviews Wiih , Stakeholders
*ffounce Back Promo Ends — 15, 2013
;❑ Process& Pay 'NBRW Bills Update Financial Reports
❑ Close I -Books Out &.0ompile Final Financial Reports
*April 2013 —Submit 2011. Bost Evaluation Stewardship, Report
*April 30, 2023. NBRW PSA EridDate
EXHIBIT B
SCHEDULE OF BILLING, RATES
CIVIC, Inc. Page B -1
IV
April 2012
Ms. Tara f inningan
City Managprs Office
City of Newport Beach
PO Bdx'-,2295
NewportBeach, CA, 9059
Dear Ms. Finnigan.
CIVIC Inc. truly appreciates the 'opportunity to submit the following (10) month Public Service.
Agreement Proposal to work, with, the City of ',Newport 'Beach: and the Newport Beach Aestaurank
Association, BID (NBRA BID) to produce the Seventh Annual Newport Beach RestaurantWeek (NBRW).
The N6RA BID proposed datesf6r the 2013 campaign are January ary 18-27, 2011
Based on prior discussion, CMC Inc. would like to propose extending the existing NBRW Pu - blic:Servioe
Agreement (PSA) renewed under W�r6nt terms betwedn, California. Marketing Concepts Inc. (CIVIC
Inc.), and-ThdCityof Newport-Bea'ch for ten (10)'months from July 1,2012—April 30, 2013.
SiEVENtwAkNuALNEWPoRTSEAcH FtEsrAuRANTWEEK
PURUC SERVICJE WORK AGREEMENT, PROPOSAL
TERMS, INvitsTmENT & FEE STI(UCTURE
California Marketing Concepts, Inc.,(CMt Inc;) will work with the City and N'6kA,'BID to develop:and
execute an a0proved 'Qusiri`ess Plan of Work? and. and. BUdget::for TW Newport"Bea.ch Restaurant Week
Campaign. CIVIC Inc. will provide' ongoing comprehensive, project management, tmark46tin&, public
relations, event coordination an
.ati d,' sponsor I ship develdprrfeht"s6ry e,fo'r(10)ri dnths.fbr'th6 period of
1july.1, 2012 April 30, 2013. CMG inc: will evaluate, and Execute, business and marketing program
opportunities with consent and approval: from The. Association's Board of Directors ofi'WhAf of
Newoort Beach Restaurant 'Week(1NIBRW), fora retainer totaknot to'exteet! $,751600.; The monthly
retainer will cover oil project management;, marketing gt puklic relations, special event cdordihation;
sponsorship servicing, 'restaurant coordination and administrati6m In order to develop., Manage,
market and execuie,a comprphensivelicarnpaign.for.T4 Newpwt 8gachAestaurant Week Campilgnon,
behalf of The Association. California Marketing Concepts, Inc (CMC lnc. � willrequire the foKowlng..
MARKE-nNG&PubucREiA7i6ms—mokmfygMiqEk.
The City shall pay to CIVIC Inc. as compensation for full perf6rmance.of -services pursuant to, this
.Agreement ,for services from July '1 — April 30, 201Z, (the "Retainer Period") or a total sotto exceed
$75,600, CMC,Inr_ shall be.paid,(10)"temmonthly payments of, Vi560 (the wlvlonWV Payrqerit")7,
RETAiPjER FEE &HOURLY BREAKDOWN;
the Payment will cover all ongoing program and event adminlftrab6p, consulting, project
managernent'l,extcution, and marketing' activities a's'out'llhecl in the attached not -to- exceed- event
budget proposal. (See Proposed , 6u4ggfAftachmenii
The payment is based on CMC Inc. accomplishing specific Project Management and Marketing
responsibilities based on an estimated (45 -50) hours of work per month at a discounted non -profit
rate of $75.00 per hour (or a total of between 450 -500 hours).during +the Retainer Period, as some
months5noy require more than 50 hours and.other months may require less than 45 hours per month).,
'?CMC Inc. Discounted Non -Profit Hourly Rate Pro -Bono Value: ^$23,750.00
(Regular CMC. Inc. hourlyStrateglc Marketing,& Project Management Rote:
The payment is also, based on CMC Inc. accomplishing "specific campaign coordination responsibilities
based on an estimated (65 -70) hours of;work,per month ata discounted non -profit rate of $50.00 per
hour (or a total of between 650 -700 hours) during the FY Retainer ,Period, as some months will requ(re-
more7han 707hours and other months.may require less than 65 hours per month).
*CMC Inc. Discounted Non -Profit Hourly Rate Pro -Bono Value:, $16,875:00
(RegularCMClnc. hourly coordination rate: $75.00)
SPONsoitsmP.DEVELOPMENT - INCENTIVE BONUS PLAN
CMC Inc. shall develop, solicit and secure event sponsorships: CMC Inc. will be paid a bonus as
incentive for all cash sponsorships development as determined by The City and Association in advance
thatthe:cash sponsorship results from CMC Inc.'s effort as follows:
SPONSORSHIP,DEVELOPMENT INCENTIVE BONUS PLAN
CMC INc. ACCUMULATIVE REVENUE GENERATED.
$ 50,000
$100 Bonus Paid,
.$,20,000
$i,5ob Bonus Paid
$ 30,000.
$2,000:Bonus Paid
$ 40,000
$2,500 Bonus Paid
$ 50,000.
$3,000 Bonus Paid
$ 60,000
$3,500 Bonus-Paid
$70,000
$4,000 Bonus Paid
$1801000
$4,500 Bonus Paid
$ 90,000'
$5,QOQ Bonus Paid
• 'CIVIC Iris. bonus payment is incremental to actual cash,;revenue.earned.
• Maximum bonus pay out by the Association is $27,000 if $90,000 is.earned in the ten (16)
month period.
City, Bureau & -NBRA BID Supplemental Funding is not included in bonus.incentive program
• 'ln -Kind sponsorsCMC Inc. secures and develops are ,not included in bonus incentive program..
• Restaurant buy in fees collected arelncludetl in bonus Incentive program 1.
• It is the responsibility of CMC Inc: to!seek clarification In advance for approval.
• Any.bonuses to be paid hdeeunderare'.due and payable within sixty (60), days;of the, depositof
-the funds against which a commission is claimed.
Monthly CIVIC Inc. Activity Reports to
reflect an appropriate schedule, of activities and results. All
graphic design fees, printing and additional outside vendors, will be billed direct to The Association In
accordance with theapproved budget.
MISC. EXPENSES
The company Will 'reimburse CMC.Inc, on a, monthly basis for all out of pocket expenses Incurred n the
direct performance of work executed on behalf of the NBRA BID.`5uch out of pocket expenses include,
but, dre not limited to reimbursein6ts,postage, photocopying; messenger, printing, seminars etc. Cut-
of- pocket expenses are not to exceed -$300, or the appfoved NBRW budget. Out -of- pocket costs, and
expenses are payable,upon Invoice and; specific receipts submitted.
AccOUNT.EVAtuATION Mto thly
Account, evaluation will be conducted between CIVIC Inc., the City and the association on a monthly
basis to ensure the success of the overall comprehensive marketing program.
CONFUCT;OFINTERESTCLAUSE Ongoing
CMC Inc. or its :employees may be: subject to the provisions of'the California Political Reform Act of
1974 (the "Act "), which (1) requires, such persons to disclose any financial interest that. may
foreseeably'be materially affected by the work performed under this Agreement, and (2) prohibits such
persons from3making, or participating• In making, decisions that will foreseeably financially affect such
interest. This wo Old : not prohibit :CMC Inc. from presenting - proposals and /or participating in
discussions related to such interest: If subject 'to the Act,'CMC Inc. shall conform to all requirements of
the -Act. Failure to do so constitutes a material breach and is grounds for immediate,termination of this
Agreement by Restaurant Association BID CIVIC Inc. shall indemnify and: hold harmless Restaurant
Association BID for,anyand all claims for damages resulting`from (MC Inc.'s violation of this Section. At
the start of a new contract; CIVIC Inc. shall disclose any existing:work agreements, contracts, or other
forms of compensation with vendors of the Restaurant:Association BID'. If a new work agreement;,
contract, or Other form of compensation with an existing or' proposed vendor of the Restaurant
Association BID':should develop during the contract year, CIVIC Inc: shall disclose the relationship prior
to the acceptance.of' any 'cont ractor budgetallocation by the;Restaurant Association'BID.
ENTIRE AGREEMENT —'NOT To EXCEED PRICE FOR'Si RAncE
This Agreement together With any Exhibit(s) attached hereto and incorporated herein by
reference contain.-the entire and exclusive agreement of the Parties hereto. No prior written
or oral negotiations, representation; inducements,'promises', correspondence, memoranda, or
agreements between ahem originating before the date of this Agreement regarding the
subject of this Agreement not embodied herein shall be of any force or effect. The Parties
intend the terms of this Agreement . to be the final expression: of their Agreement and it; may
not be contradicted by evidence of any prior agreement or,contemporaneous oral agreement.
No extrinsic evidence whatsoever may be introduced in any'judicial or arbitration. p. roceeding,
if any, involving this Agreement. , Flo: express or implied warranties, covenants, or
representatives have been made concerning fhe� subject :matter of, this Agreement, unless
expressly stated herein. The Parties hereto have riot'relied on any. prior or contemporaneous
written or °oral representations in deciding to enter this Agreement. Funds to support this
entire agreement shall come from the NBRA BID working budget, NBIkW restaurant "buy in"
fees and sponsor revenue..
MODIFICATION
This Agreement may not be superseded and none of the terms of this Agreement can be waived or
modified except by an express written agreement signed by all parties hereto. Any oral
representations or modifications concerning this Agreement (including any fully executed oral
agreements or modifications) shall be of no force or effect unless contained in a subsequent written
modification. signed by all parties.
SEwRAMLrrY
Any provision of this Agreement that is,prohibited.or unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective rto the =extent of such prohibition or enforceability'without invalidating the
remairiing.provisions of.this Agreement, and_anysuch prohibition orunenforceability in any!urisdiction
shall not invalidate or render unenforceable such provision in any other jurisdiction.
EMPLOYEES AND VOLUNTEERS OF'CMC'INc.
CMC Inc. shall be, responsible for the :compensation, benefits, taxes and all other such' legal
requirements of all of its employees and. volunteers and the association shall have no such
respons ibilities'unless.otherwise provided in writing.by The Association.
(Nett Pp& Is Mgnature Pagel
(FY 2013 NBRW Scope Of Work - Updated= 2014)
Pavilion booth
Launch Events, etc.
rrs
5,000
Creative Carhoign. &.Graphia Design $ 2,000
Citywide Banners:* Restaurant Ptornotonal Slgfia& $e 2,000
CityW,ide,Flag Campaign Promotions $ 7,009
Display Material, Posters; Postcard"& Instirt Production & Prifitin% 3i: -
P;0001
*7061 of -VOOqO, Pleces Dlitrlbuteo,
Total.Cash:. 416,000
Los Angeles T
Daily Pilot, HB
.
�Orange.Coast
Total Cash: $8,600
le'V61)
$ 600
S 5,000
$ 2;500
s 66
$ InwKind
$
*Jri-Kind marketing & Wied!F Fvrtnem_ Print & Online - Cont
Coal! M.20azine (Value., $;25, k vuj)
Newport Beach:Magazine & N B Indy, (Value: tlft level)
$ In-Kind
OC Weekly Magazine (Value. $25kClevof)
$ In-Kind
Live 06 Magazin"e (Vilue: f, i OK-Leve/),
$ In-Kind
Churm Publishing OC-Metro. OC.Menus (Value: $25k.leve-1)
$ In-Kind
Locale Mag ' a2in6 (Value. $10h- level)
$ In-Kind
Misc. Online.partners (Vafue:.$10k. level)
$.In-Kind
*In-Kind Broadcast Television '& Radio-Campaigns & Promotions
BSA' Promo Redid Spot's = LA Media Market (Value: TBA level)
$ In, Kind
Radio (Value: $25k level)
$ In-Kind
TV Prornotions.lValue: $10k level)
$ In-Kind
Total Cash: $ 13A00
*In'-Kihd'Value Total, $200,000
DIRECT MAIL & INSERT DISTRIBUTION CAMPAIGNS
C 2ty 2W ter ' 'i"Insert Fees $1 Soo
1boaaBleaOop inserts' $ 500
Total.Cwhi. $ 1,000
'
Irt=Kirfd Con imun*'Mark0ting-Partne'rshlp ' s
Visit Newpo'rt"Beach . (Malue: $10,600), $ In-Kind
Taste of Newpoq Bdoth - NBCC (Vdlqe; $5;006) $ In-KIhd
.IffWIpd,VaIue Total: $16,000
commmrry,& MEDIA vip •LAUNCH rwms
Restaurant Week Taste , of Newport Laufich.Misc., Operational Expenses: $ 1,600
Regfburani Week y1PMedia &Co'mnuhity Launch:; Re
ceptqhs 1 5,000
*06tehiia/ Revenue Generation: $5,000
*lh-Kind Spon"jhips:,Ve qe
6 (s), Sysco .F1oo1 d Services, Restaurants, Ch. ef Works (Value: $15,00)
$'Iii-kind
Total: $ 6.600
ln-Kind ,WlUe Total:, $15,0100
PROJECT MANAGEMENT '& CAMPAIGWCOORDINATION
,Projedt:Mane§;ekpht & R,est.giulrantCo,or.diln.atoh, $ �33,6
Total: 33:600
,is
MISC. ADMINISTRATION & ACCOUNTING FEES
Aqcounting,& Admirilttratidn 9;rvices $ 3,500
,Photo grpp y- h
4 Yideo $
,
.gp &%Misc. Supplies 1,250
TO W- 6:Y50
4+1m2
2013'RBsteurent Week
Budget•
_Monthly Breakdown'
JU17i01i.
�=.S01i.
SnpL S01S
Oct. 6013
Nma.m s ..Dac.mi2
.Jx ]Dti
:Foe, iota-
Mart1i 3013
Ap�010fi
-TOTAL
IncOnw-
IfeltAelDilSDoniorFuilCO
'O.W
75,000,00
040
25,OOD.W
10,0mm
5100.60,
0.00
0.00
0.00
OM
315,000.00
Raohuran[eoy In FOaa
Om
0.00
0:00
0.00
5,000.00.
20,000.00
5,00000
0.00:
'0,00.
010
10.000.00
lnum0'Emit FYnEO
'.0:00.
0.00
D.00
0.00.
D.W
D.W
S,ODOW
0.00'
0.00
0.00
5,060.00.
Total lnmfti
0.00
'75,000:W
0:00
2;000.00:
15,000.00
15,000.00
10,000:00
0.60
0.00
0.00
340000.00
Eiponaa
••GmP IOnMMallne EaDOmo.
4.2W.W
470060
WLIX)
1,200,00
e,2m.W'
1,200.00
4=W
42100:00
C1m alOn Opaiallomi Eipoua;
3.560.00
3;5eo.m
4.=.W
3,35010:
>
058000
.m
3,950.00
3,360:00"
0,360.W
3.360.00
33.000.00
SFonaorWR& Sarvleln0
,0,00
O.W
O.W
'0.00
0.00
O.00
2A00.00
2AW.W'
5;00D.00
3:300.00
13:500.00
Accatool 6e1111ng Am01Nm11on
000
0.00
0.00
'0.00'
300.00
:Lm.OG
1,000.00
1,000:00•
240.00
0.00
3;900.01)
WAPNO Donlon S Cmaum
"0.00
0.00
0.00
O,W,
0.00
600:OD
SHOD
50010
500.00
0.00
ZOD0.00
fMM1Mtt,;co 1am1.6 PM0n0
1.00
0.00
500.00,
.0.00.
3.000.40
1100.00
60(100
'0.00.
0.00
0.00
5.40000
Wa08AnAcwhimc mpalgna
Am
0.00
.500.00,
500.00
2,000.00
2.000,00
3.OD0.00
60010.
0.00
0.00
8,5moD
DOocl M608 hliart Compolgm
0..00
0.00
Doe
-0.00
500.00
'MOD
0,00
010
0.W
0.00
1,000.00
Advertl&InP PAN6'Bmadmt
10.00
0.00
O.W
0:00
COMM
6;000.00
3,00000
0.00
OW
000
13,000.00
Feamgo&Mlaec.Bup lloo,
0.00
0.00
Doo
'O:W.
250.00
250.00
250;00 '
0.00
250.00
250.00 ..
1,250.00
COyw14e Flap, Benham S Slglm'
_000
0.00
:500.00'
,0100
1,600.60
3.600.00
;7:5com.
0,00,
ew
010
8.000,00
9paclal EVOeei
0.00
0.00
LWOW
'O.W'
O.W
1,600.00
3,SOD.03
010,
'0100
0.00
e;600.m
'POotogioD0Y8 Vldoo
0.00
O.m
O.m'
-0.00
010
250.00,
0.01)
.0.00:
OoD
-75000
1,000.W
Total.Eapomv.
7,WtW
- 700.00
10.560:60
8M.W'
20,310.W
22560.W
24- ;610.W
12,600.00'
11;310.W.
12160.0
136:Bm.m
L
- F.12013 NBRN/ RRV013RFP MATERIALS•: NBR"RICING PROPOSAW013 Monmty Budget Bntakd"
Project Expenditures
Creative, Collateral Development & Printing
$
16,000
Website Marketing Campaigns & Promotions
$
8,500
Media Advertising
$
13,000
Direct Mail & Insert Distribution
$
1,000
Community & Media VIP Launch Events
$
6,500
Marketings & Public Relations
$
42,000
Project Management & Campaign Coordination
$
33,600
Partnership Development, Sponsorship Soliciation
$
13,500
Misc. Administration & Accounting
$
5,750
Total Not to Exceed
$
139,850
Special Event Grant Funding (City)
$
6,000
NBRA BID
$
60,000
Participant Buy -In Fees & Sponsorships
$
73,850
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
CMC, Inc. Page C -1
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be• endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self - insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
CIVIC, Inc. Page C -2
such change. If such change results in substantial additional cost to the Consultant, the
City and. Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.6 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
CIVIC, Inc. Page C -3
Agenda Item No. 11
October 9, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, City Manager 0S ;57
949 - 644 -3001, dkiff(a)newportbeachca.gov
PREPARED BY: Tara Finnigan, Public Information Manager
APPROVED: `>, A K-�
v .11
TITLE: 2013 Newport Beach Restaurant Week Marketing Professional
Services Agreement
ABSTRACT:
Newport Beach Restaurant Week is an annual, citywide event organized by the
Newport Beach Restaurant Association Business Improvement District (NBRA BID) that
offers diners specially priced lunch and dinner menus at participating local restaurants.
The next event is being planned for January 2013 and a consultant is needed to assist
the NBRA BID Board of Directors with the event marketing and promotion efforts.
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign the January 2013 Restaurant
Week Professional Services Agreement between the City of Newport Beach and
California Marketing Concepts, Inc, (CMC, Inc.).
FUNDING REQUIREMENTS:
City Budget Includes Funding of $66,000
The current adopted budget includes $66,000 of funding from the City of Newport
Beach (City). This is comprised of a $6,000 special event grant that will be transferred
from the City's General Fund to the NBRA BID and $60,000 in marketing money
available in the NBRA BID budget. The remaining $73,850 in funding will be generated
by CMC, Inc. through participating restaurant buy -in fees and Restaurant Week
sponsorships.
October 09, 2012
Page 2
DISCUSSION:
Background
The City established the NBRA BID pursuant to the Parking and Business Improvement
Area Law of 1989. Considered to be a part of the City, the NBRA BID is subject to the
City's procurement policies and procedures. It does not have the authority to contract on
its own. Therefore, City staff assists with the preparation of its requests for proposals
(RFPs) and the BID's professional services agreements. Staff relies upon the direction
of the NBRA BID's Board of Directors to help ensure the services retained are in
accordance with the BID's annual list of priorities (as approved by the City Council on
June 26, 2012) and the interests of its members.
City Support for NBRA and Newport Beach Restaurant Week
The NBRA BID is primarily funded through member assessments and sponsorships.
For the current fiscal year, the NBRA BID Board estimates that it will collect
approximately $114,000 in assessments and raise about $23,500 in event
sponsorships. In addition, the City Council authorized, and the City has since provided,
$38,000 in matching funds to the BID.
At its May 22 Regular meeting, the City Council considered the recommendations of the
Special Events Advisory Committ ee and awarded a $6,000 special event grant to the
NBRA BID for the 2013 Restaurant Week event. The City has provided financial support
to Newport Beach Restaurant Week every year since the event's inception.
Though the attached agreement is for $139,850, the $6,000 special event grant is the
maximum amount of City General Fund money that will be contributed to the 2013
Restaurant Week event. All other funding will come from funds identified in the NBRA
BID's FY 13 budget ($60,000) and the remaining $73,850 will be comprised of
participant buy -in fees and sponsorships collected on behalf of the NBRA BID by CMC,
Inc.
Request for Proposals
The City issued a Request for Proposals (RFP) in March 2012 to identify a marketing or
special events planning firm to produce Restaurant Week 2013. Three consultants
responded to the RFP:
A. CMC, Inc.
B. Visit Newport Beach Inc.
C. C &M Communique, Inc.
The next step in the City's selection process typically involves a review of the proposals
and often, an interview with each proposer. Since the consultant selected to market
Restaurant Week must work closely with the NBRA BID Board of Directors and enter
October 09, 2012
Page 3
into an agreement with the City (as the contracting authority), City staff suggested a
small committee comprised of representatives from the NBRA BID and the City to
review the proposals and interview the consultants. When those efforts were
unsuccessful, staff suggested that the NBRA BID Board identify a small committee of its
members (without .City representatives) to review the proposals and recommend a
consultant. The committee was formed, but the proposal review was delayed due to
changes being considered by the NBRA BID Board regarding the NBRA BID's overall
marketing plan and strategy. We then suspended the RFP process.
City staff understands the delays in the process were partially in response to ideas
raised by the City and other Newport Beach professional organizations during the time
the RFP was being developed and issued. The City's interest in retaining a BID
Manager to help four of its BIDS with administration and marketing spurred some
preliminary discussions among NBRA BID members about how that change could
impact their organization's marketing plans. Concurrently, there were discussions
among some community organizations as to how they could align marketing efforts and
potentially combine resources to promote Newport Beach in a unified, consistent
manner.
As a result, the NBRA BID's Board chairperson and.vice chairperson recently informed
City staff that some of their members are interested in pursuing a more formalized
marketing relationship with Visit Newport Beach, Inc. and in developing a long -term,
strategic plan. The Board has a subcommittee developing a proposed strategy for
accomplishing those objectives and it is anticipated that the NBRA Board will review
and vote on the strategy before the end of the calendar year.
In the short-term, the NBRA BID Board desires to sole - source the planning and
execution of the 2013 Newport Beach Restaurant Week event to CIVIC, Inc. Sole -
sourcing is allowed under Section (II)(f)(2) of the Administrative Procedures
(Contracting for the Procurement .of. Services) that. accompany Council Policy F-
14. Respectful of the Board's request, staff is forwarding it to the City Council.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the Califomia
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
3
October 09, 2012
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Tara Finnigan
Public Information Manager
Attachments: A. Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT
WITH CMC, INC. FOR
2013 NEWPORT BEACH RESTAURANT WEEK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this 1st day of July, 2012 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and CMC,
Inc., a Califomia corporation ( "Consultant") DBA California Marketing Concepts, Inc.,
whose address is 1550 Bayside Drive, Corona del Mar, CA 92625 and Is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to develop, manage, market and coordinate
the 2013 Newport Beach Restaurant Week. ( "Project ").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Susan
(Peggy) Fort.
E. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
o
set forth In this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2013 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. Consultant shall
diligently perform all the services described in the Scope of Services attached hereto as
Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
Included in Exhibit A. in the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, If any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
In writing to the Project Administrator (as defined in Section 6 below) not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and
Incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable, items and subconsultant
fees, shall not exceed One Hundred Thirty Nine Thousand Eight Hundred Fifty
Dollars and 00 1100 ($13£8,850.00) without prior written authorization from City. No
billing rate changes shall be made during the temp of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically Identified in Exhibit B to this Agreement, or specifically approved In writing in
advance by City.
CIVIC, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not Included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Peggy Fort to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. Citys approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing Inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to the City.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Tara
Finnigan, Public Information Manager or his/her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his/her designee shall represent City in all matters pertaining to
the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays In Consultants Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be perforated by Consultant or under Consultant's
supervision. Consultant represents that It possesses the professional -and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase °highest professional
CMC, Inc. Page 3
standards" shall mean those standards of practice recognized by one (t) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifles that
the Work conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely Information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLE) HARMLESS
9.9 To the fullest extent permitted by law, Consultant shall Indemnify, defend
and hold harmless City, Its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties ") from and against any and all claims
(including, without limitation, claims for bodily Injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims "), which may arise from or In any manner relate (directly or
Indirectly) to any breach of the terns and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and/be willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to Indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
Indemnity shall be construed as authorizing any award of attomey s fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any Insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of Indemnification to be provided by the
Consultant.
CIVIC, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an Independent contractor basis
and Consultant is not an agent or, employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing In this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to' be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant Is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review
direction with City's Project Administrator In
order to ensure the Project proceeds in a
policies.
13. PROGRESS
all matters relating to policy and Project
advance of all critical decision points In
manner consistent with City goals and
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
Insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
CIVIC, Inc. Page 5
any of the Issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Consultant. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
Identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing In this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of CRY.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
Implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement'are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of Incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
CIVIC, Inc. Page 6 70
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes In writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and Indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
Infringement or alleged Infringement of any United States' letters patent, trademark, or
copyright, including costs, contained In Consultant's Documents provided under this
Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three. (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and Invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive Interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have, been Improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
Inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section Is Intended to limit City's rights under the
law or any other sections of this Agreement.
CIVIC, Inc. Page 7 11
24. CITV'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Tara Finnigan, Public Information Manager
City Managers Office
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949- 6443035
Fax: 949- 6443020
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Susan (Peggy) Fort
CIVIC, Inc.
1550 Bayside Drive
Corona del Mar, CA 92625
Phone: 949 - 675 -0501
Fax: 949 -675 -0508
CIVIC, Inc. Page 8 12
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and Identified by Consultant in writing as unsettled at the time of Its final request
for payment. The Consultant and the City expressly agree that In addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default Is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other Information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Compliance with all Laws. Consultant shall at Its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, Including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
CMC, Inc. Page 9 13
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.7 Severabilitv. If any term or portion of this Agreement is held to be Invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement*shall continue in full force and effect.
29.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same Instrument.
[SIGNATURES ON NEXT PAGE]
CMC, Inc. Page 10 14
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: q Lo//L'
By:
Aaron C. Harp
City Attorney �+
ATTEST:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Nancy Gardner
Mayor
CONSULTANT: CMC, Inc., a California
corporation
Date:
By:
Susan M. Fort
President
Date:
By:
Susan M. Fort
Chief Financial Officer
(END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
documen12
CMC, Inc. Page 11 15
EXHIBIT A
SCOPE OF SERVICES
[Contractor Firm Name] Page A -1 16
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CMC INC. PROPOSED PLAN OF if TASK OVERVIEW
17
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"E Compile Lists & Promotional Pieces Describing NBRW Benefits & Offerings
�i Conduct.fSonomlc & Commercial Surveys to identify Potential Markets,to,Promote(NBRW
Coordinate& Participate In Promotional Activities & Coriimunity Events, W6tking,,witti'Strategic
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Create;NewporL Beach RestaurantWeek identity Consistent Brand
a: Xreate:Newport Beaa'RestaurarStWeek Nlarketing Coildteral'ConsistefiCBrand.
Develop 9-Execute Aggressive Ongoing Marketing,Campaignto Promote NBRW
P' 'D'eGe lop'& Execute Aggressive Ongoing Public Relati.,6iCDmpalgp to Pi606tejNBRW
W ,bey_elop &. Exeate NBRW Restaurant`Marketing &P,romotlon Plan
F1 Deyelo '`Internet Markettn O' ortunitles'.Dmring More Consumers to.NBRA BID Official Web
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DeVc 6WInternet Maiketlrl8 Opportunitles to Leverag Otlilrie Reservation S` t%ff
beyelop, Social Networking, &Media Marketing Campaigns Driving More Consumers -to:
.a Expand•84, Execute' Marketing ,,& Publicity Campalgn'iti 4cal,Tourismor
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u, Crea'te;Newport-Beach Restauiant:Week Display Mat" -kI & Posters
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4 , Evaluate Advertising & Promotion Programs for Compatibility with Public Relations Efforts
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e' Expand; Editorial Coverage•Through Ad Buys & Editorial CalendarResearch
Identify Main Campaign Target Demographic Groups & Audiences`& Determine.thc Beat Way to
Corrimunicate-Publicity Information to Them.
° Manage• &Oversee NBRW.Photography & Video tlips.Consis#et�t °w.ith Brand
w Manag&Relatfonship with Bu'slriess'Newswire Services
° Manage,Relatlonslilp with 0n1. ne Media Monliofing'& Clipping- Services
•
6n= 6oirigMediaServldrigo6Beh6lfofN,BRWPROppprt0Jnities>
° Dn Gotng NBRW Press Release Development'& Media P.i(,chfngt
Wine lneefi song &EffectivetPress Releases & PrepaPe Itifortiiation for Media
21
USTAURANt MUN? ': CiALrAIENTS
CMC Inc. Iead Personnel: Peggy Fort, President & CEO
J
CN✓,CInc.PersonnelSupport:
Frank 01orson, Dpnielo Boftmonn „¢lang,•Huo'Hupp, Peggy fioyf„ClNtlnc; Associates
m
Produce &•Coordinate NBRW dde s Cook(ng Pavilion Launcb, Even t= September
Produce & Direct BRSpectal Events on Day of Event
Aspects NWV
a
_II:A
Produce'NBRW Orientations For;Restaurant Owners= Winter.
Produce Restaurant :WeRGala l7URC4Party— January
e
Produce Restaurant. Week Pre &Post Party Sponsor Events
AF*ge, Venue, Audio Visual _Equipment „Transpott'ation, DlSplays,-&.Other Needs
Con'ductPost -Event Evaluation'st0•Detertnine How Future.Events64'be Improved
a
Conterwifh, Partners;• Staff&' Vol unteersat- EventSitel.toCoordiiiategetalls
ConfrnaPiledIvAttendance atGala launch-Events
Consultwith NBRA;BID Board "andRefturant Owners to,0etermlge Objectives &•Req
forNBRN/ -, Events; Suchas,` Ortenfations, MediaEvents ,°GalaL•auncfrPaftylS'NR WPC*
93
s•
u.
& Resofiittgn of any
Catering,,Slgnage :Displays, Special`Neeiis:
22
Nr:L';
_DWIN151RATIVEA ",:..: t_Gk
ariC Inr. Personnel Support: Fenny Hoyt, aOC Inc. Assoc late &Peggy Fort; CMCanc. Resident & CEO
t
CMClna Vendor Support: BaWdeClayaas Office Monagement
Answer Telephones & PioVide Information to Callers, Take,Messages, or Transfer Calls to
Appropriate Individual
•
As;istwith Compiling Usts Describing 46RW Marketing prograrris,special events & Promotlor g'
•
Assist with'Copying Agendas; Handouts' &,Make Arrangemehts'for Committee, NBRA BIDd3oard,
& Other Meetings
•'
Cbmniunicate'with.Qestometsi& Other Mdividuals to Ansrver'Questldns; Disseminate or Explain
informatlon &!Address Complaints
•
Compile; Copy, Sort'& File Records of `Activities, Business Transactions, & OtherActivifies
•
Compute,:Classify, Update Databases:& Record Data to.Keep Record's, Complete
•
File &- RbfrleVe Official Documents;,Records' &,Reports
•
Gfeet•VlsRtors' &'Callers, Handle.Tfieir' Inquirles &- DJrectThem ib:the AppropliatePersoh o
Reso'urce:Atxordingto their Needs
•
!seam twpperaie new office:technologigs:as they are developed;& Implemented,
•
Maintain: &,update: filing, Inventory, malling, and :database systemkv. eltheemanually or using-
,a-computer,
•
Make'Cdples of Cott sporiddrice & OtNer'Pdnted Material
u Operate;&, Pftmin' OfficeEquipment $uch,�asfax-Machines,CoplOrdi &Phone Systems; .&
a Operate:Com{Yut&,P. dgrams'to Rewtd, Store & Analyze lnformption
• Perform General Ofifce Duties Such as, iing AnsweringTeleptiorij &;Handling Routine'
•
, Pf
w.- use .CoMjiuters,�fQr5,plgadsHee3; Wont {�raees3fng;,Datatiase FAaYia i:Fnen'[� &bttter.Appiit fi6ns;
23
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28
EXHIBIT B
SCHEDULE OF BILLING RATES
CMC, Inc. Page B -1 29
April 2012.
Ms.-Tara Finningan
City Manager's Office
City of Newport;Beach
PO. Box 2295
Newport.-Beach; CA 91659
Dear Ms. Fnnlgary.
CMC Inc. truly 'appreciates the opportunity. to submit the 'following (10) month Public Service
Agreement Proposal to work with• the Citiy of Newport Beach and the .Newport Beach Restaurant
Association BiO BR'A BID) to, .the Seventh Annual Newport Beach Restaurant Week (NBRW).
The, NBRA BID`proposed datevforthe 2013 campaign are January 18 -27, 2013.
Based on prior,discussion,:CMC Inc. -would like to propose-extending the existing NBRW Public Service
Agreement (P'SA), renewed under current terms between California Marketing Concepts, Int. (CIVIC
Inc.), and The City of Newport Beach torten `months from July 1, 2012 — April 30, 2013.
SEVENTH. ANNUAL NEWPORT BEAcH�RESTAURANT WEEK
PURUC SERVICE WORK AGREEMENTRROPOSAL
California MarkeLirig Concepts, Inc °(CMCdnc );will work with the City and NBRA;BID to develop: -and
execute an ,approved Business' Plan of Work and Budget for The Newport'Beach Restaurant Week
Campaign. CMGs Inc., will provide ongoing comprehensive prolbdimanagement, marketing; public
relations, event;yoorolhation and sponsorship development seryice -for (10).months for the peaiodiof
July 1„ 2012. -April 30, 2013. CMC Inc, wil 'evaluate,:and 'execute business and marketing program
opportunities with' consent and approval from. The Assoclatl6ii s.` Board of- Directors on behalf of'
Newport Beach Restaurant Week. (NBRW)` for-.a retainer total not to exceed $75,600. The monthly
retainer will; cover, all protect -management; marketing &, public, relations, special, event coordlnation,
sponsorshlp, si rvicing, restaurant coordination and administrafion, dn; order to develop, manage,
market and;exect te±a-compretiensive campaign forThelsiewporf deach'Restaurant Week Campaign on
behalf'of The,Assoc(ation,:Callfornia.Ml tketir t Concepts, Inc. (CMC Inc) will require the'failowing:
IMARKErrNG 9.10'L e56 RELATIONS- Md KHLV ReA1RER
The. Co shall. pay to CMC Inc. as compensation for full performance of services pursuant to this
Agreement for'services from July ;1— Ap fil 30; 2012. (the "Ret_ainer Period ") or a total not. to exceed
$75,600. CMG In¢. shall be paid (10) ten monthly payments of $7,566 (the "Monthly Payment").
RETAiNER+FEF & HdUKY'BREAKOOWN
The Payment will cover all ongoing. :program and event administration, consutfing, project
manaA &nent,'dRdcutioh,,, and marketing activitie's as outlined in the attached. not -to- exceed event
budget Proposal. '(5ee`Proposed BudgetAttorlimenf)'
30
The payment is based on CMC Inc accomplishing specific Project Management and Marketing
responsibilities based on an estimated (4S -50) hours of work per month at a discounted non - profit
rate of $75:00 per hour (or a total of between 450300 hours) during the Retainer Period, as some
months may require more than 50 hours and other months may require less than 45 hours per month).
°CMC Inc. Discounted Pion- Profit dourly Rate Pro --®ano Value: $24750.00
(RegularCMC Ina hourty Strategic Marketing & Pmject management 'RoW. $x25:00)
The payment:(s Ao based on CMcinc.- acromplishing specific campalign coordlnatiow resporis(billtiet
Used on an estimated: (65 -70) ho.' uts;of,u/ark per month at a discoumted non - profit rate of $50x00 per
:hour (or a total, of between 650.700.hours) during the FY Retalrter Period, os some months Will "i.tire
SPOIUSO lVf)eVSfo�j€�(��i yEROWNUS
CNIC Inc shalt develop, solicit and secute:dvdnt,:spbnsorships:CMC• Inc. vutll be paid a 1Liffiiis' as
nentivc far ati assRnphipfm s. eermined matpn badance o e h;
that the cash sponsorsbipfe mItsfrdth CMC Inca ?ieffort as follow&
$,20,000
41MOsonus
$ 30,000
$2!,O > OrBdMA
$46100;
$2500"9onus:
$ 50,000.
$3;QQD;BOiius
$.64,M
$3;50®' Bonus
$~70,000
$4lfofl4nl!5`
.$;80;000;
�$${S00%:Bbleds.
5 �9A�QQ�:
.�`SiQOD'B®IOUS,
� CMC, 4?♦" btQbr, IppaY) reeQ�( �; 1�lctemgp�to�ctaal .sashrexanueearned.
11. MauiMuMbonUS•Wotttbytlibi sti¢fatlolfktj 7,0001f$9O,D•QOfse rtigj9ln;ati t :4 8
.P cuy; uuta
8,. lii,kinil'si
program.:
a: Re3fatarant buy 1pfads¢Rectedai?e tiitluded In.6onus lRee2lve pr40;[aR!
i @i ;$tieye 0.001 lft.ofCMCInc to seekclarificatlon:ir dOunmturapproval:
s AatybQnuses t® be paid hereunder re;dr a ehdpayab(o within sixty (60).days:af.ttta:depes t.of
tfiaaf�etgds a<td11r�;.tghlct a.ccmmisslori lsdatatiied.
�'Mola3Vt� �<An _ .� ate sefie+du!e a ". gvad me�des:.alP
� . Reoares to a�Pdea otr �p�tr)prl . of •.
phledesTp Y��s,. rAjtBdr)0®rsd,s dB�tpotit tsdde. vetadatsrwil (be:bfdlet9dileeet�F9ae oad®tiose:lea
ao�ttialroa:With the. gt�bted�aadee�
basi# forall o.ut.o¢ poc�efCettpenseslnourred In the
ie NBRA ®I0. `Sikh out of. p®cket.dpenses;include;
tocopylne; m.gpenger,:;pdi4r' igo:seminars ete `Ouk
upprovetl NB,RUV bi{dg:`0uf- of- puEkei oosts:.aod
a
AccouNT EVALUATION Monthly
Account evaluation will be conducted between CMC Inc., the City and the association an a monthly
basis to.ensure the success of the overall comprehensive marketing program.
CONFLICT OF INTEREST CLAUSE Ongoing
CMC Inc. or its employees may be subject to the provisions of the California Political Reform Act of
1974 , (the "Act "), which (1) requires such' persons to disclose any. financial interest that may
foreseeably be materially affected by the work performed under thisAgreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably financially affect such
interest. This would not prohibit CMC Inc. from presenting proposals and /or participating in
discussions related to such interest. if subject to the Act, CMC Inc. shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this
Agreement by Restaurant Association BID. CMC Inc. shall indemnify and hold harmless Restaurant
Association BID for,anyand all claims for damages;resulting from CMC Inc.'s violation of this Section. At
the start of a new contract, CMC Inc, shall disclose -any existing.work agreements, contracts, or other
forms of compensation with vendors of the Restaurant Association BID. If a new work agreement,
contract, or other form of compensation with an existing or proposed vendor of the Restaurant
Association BID should;deveiop during the contract year, .CMC Inc. shall disclose the relationship. prior-
to-the acceptance ofariycontract or budget allocation by the Restaurant Association BID.
ENTIRE AGREEMENT -MOTTO FkCEED- PRICE. FOR SERVICE
This Agreement together with any Exhibit(s) attached hereto 'and incorporated herein by
reference, contain the entire and exclusive agreement of the Parties hereto. No prior written
or oral negotiations, representation, Inducements, promises, correspondence, memoranda, or
agreements between them originating before the date of this Agreement regarding the
subject of this Agreement not embodied, herein shall be of any force or effect. The Parties
intend the terms of this Agreement to be the final expression of their Agreement and it may
not be contradicted by: evidence of any prior agreement or contemporaneous oral agreement.
No extrinsic evidence whatsoever may be, introduced in any judicial or arbitration proceeding,
if any, involving this Agreement. No, express or Implied warranties; covenants, or
representatives Have been :made conceming fhe subject .matker of: this. Agreement . unless
expressly stated herein; `The Parties hereto have not relied on any prior or contemporaneous
written or oral representations in deciding to enter this Agreement. Funds to support this
entire agreement shall come from the NBRA BID working budget, NBRW restaurant "buy_ 'in"
fees-and sponsor revenue.
ith a
notices, requests demands, payments and other commud cations hereunder hall be In w iting and
11 be deeme en .if delivered pe ovally or by facjlm a transmission (w h subsequ of teller
firmatfon b a) orthree days after being mailed by certi ed orregistefed i1, postag prepIrd,
irn r,'ecei requ, sted, to the p$files, eir succesprs in Inter s2t.iherr assignee a dre se's
id I e signal e`pag�- ereto, or suc ther addresses as the parties may design a by
. notice in'the manner aforesaid.
32
td oDIFICAnoN
This Agreement may not be superseded and none of the terms of this Agreement can be waived or
modified except by an express written agreement signed by all parties hereto. Any oral
representations or modifications concerning this Agreement (Including any fully executed oral
agreements or modifications) shall be of no force or effect unless contained in a subsequent written
modification signed by all parties.
SEVERASILnY
Any ,provision of this.Agreement that Is prohibited or unenforceable In, any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of.such prohibition or enforceability wtthout Invalidating the
remaining provisionsof:this Agreement, and any such. prohibition or unenforceability in any jurisdiction
shall not Invalidate or render unenforceablesuch'provislon in any other jurisdiction.
EMPLOYEES. AND VOLUNMRS OF CIVIC INC.
CMC Inc. shall be. responsible for the compensation, benefits, taxes and all other such legal
requirement's of all of its :employees and volunteers and the association shall have no such
responsibilities unless otherwise provided In writing by The Association.
(Next Page Is signature Page]
33
{{IyyP d� :: A
/CYC�1
MARM ING CONCEPTS
Work - Vpdated: April 2012)
Leveraged In-Kind Sponsorships $200;000
amber df: Commerce —Chefs Cooking Pavilion Booth $ 5,000
Contributions - Launch Events, etc: $ 5,000
in $'2,000
motional Signage $ :2,OOQ
$''
s 7;000"
`& Insert Production & Pnriting . $ 5,000
Total,Cash: $16400
eriipaigns $ 1,000
nai Out of Market $ 2;500:
in- Market $; 2;090:
Total Casfi: $6.600
#0
$ 5,000
ut of Markel
s 56000
n &,Production
$ 2;500
s & Contest Development
$ -500
Partners — Print,&,Pnllne
ty News
.B.Coastilne Pilot (Value; $26k level)
$ In -Kind
Va. $25k level)
$ In 496d
34
'in -hind Warketing & riliedk Partners Print & Online Cont.
Coast Miaoazine (Value: ;;r:;i ,r rr. »1
g In -fQ't:
Newport Beach Magazine & NB Indy (Value: $10k level)
$ In -Kind
OC Weekly Magazine (Value: $25k level)
S In -Kind
Live OC Magazine (Value:$ $10K Level)
S in -Kind
Churm Publishing OC Metro, OC Menus (Value: $25k Ievell
$ In -Kind
Locale Magazine (Value: $101r level)
$ In -Kind
Misc. Online Partners (Value: $10k level)
$ In -Kind
°In -Kind Broadcast Television & Radio Campaigns & Promotions
PSA Promo Radio Spots — LA Media Market (Value: TBA level)
$ In -Kind
Radio (Value: $25 level)
$ In -Kind
TV Promotions (Value: $10k level)
$ In -Kind
Total Cash: $ 13.000
"In -Kind Value Total: $200,000
DIRECT MAIL & INSERT DISTRIBUTION CAMPAIGNS
City Water'Bill,lnseit:Fees $ 500
Balboa Beacon inserts $ 500
Total Cash: $ 1,000
In FCind Community Marketing Partnerships
Visit IN wport8each (Value: $10,000} $ In -Kind
Taste of'Newportt3ooth - NBCC ( Value: $5,000) $ In -Kind
*In-Kind Value Total: $16,000
COMMUNITY' &MEDIA VIP LAUNCH EVENTS
Restaurant Week Taste of Newport LaunbhUsc. Operational Expenses $ 1,50D
Restaurant Week VIP Meiiia & Community Launch Receptions $ 5;000
,ofenti ®l Revenue- Generdtlon: $5,000
°in -Kind Sponsorships; Venue(s), Sysco Food Services, Restaurants, Chef Works
(Value. $15,000), $ in -Kind
Total: $ 6.600
*In- Ktnd'Valud Total: $16,000
PROJECT MANAGEMENT & CAMPAIGN COORDINATION
Proj6bfMan6gement & Restaurant Coo[dinaUon $ 33;600
Total: S 33,600
on Inoenthle Bonus Plan on Cash Revenue
Total., S 13:600
MISCrADMINISTRATION , &�ACCOUNT,ING FEES
Accounting & Administration. SidNlces ,$ 3,500
Ph`otography,& Video $ 1,000'
Postage°' &IMisc. Supplies 1,250
Total: $ 5,750
M
I
.............
IS41
o.11. i ctt
oft
J1.1.
-:obi
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of Insurance. Without limiting Consultant's indemnification of
City, and prior to commencement of Work, Consultant shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide Insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of Insurance in the State of Caiifomia, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily Injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of Califomia, Section 3700 of the Labor Code.
® 1.3.1.1 Consultant shall. submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, Its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability Insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an Insured contract (Including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily Injury and property damage for all activities of the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
mllllon dollars ($1,000,000) combined single limit each accident.
CMC, Inc. Page C -1 37
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All Insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing Insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not Including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be Included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any Insurance or self - Insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice Is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
Insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of Insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 Citv's Right to Revise Requirements. The City reserves the right at
any time during the teem of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
CIVIC, Inc. Page C-2 38
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to Inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not Intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
Insurance. Specific reference to a given coverage feature Is for purposes of clarification
only as it pertains to a given Issue and is not intended by any party or Insured to be all
Inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- Insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements. unless approved by City.
1.5.6 Cily Remedies for Non Compliance If Consultant or any
subconsultant falls to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
Insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's Insurance. Consultant shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which In Its
own Judgment may be necessary for Its proper protection and prosecution of the Work.
CMC, Inc. Page C-3 39