HomeMy WebLinkAboutC-5006 - PSA for Marketing and Production of 2012 Newport Beach Restaurant WeekPROFESSIONAL SERVICES AGREEMENT WITH
CALIFORNIA MARKETING CONCEPTS, INC. (CMC INC.)
FOR MARKETING AND PRODUCTION OF
2012 NEWPORT BEACH RESTAURANT WEEK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this rfl day of November, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and CALIFORNIA
MARKETING CONCEPTS, INC., ( "CMC, Inc. "), a California corporation ( "Consultant'),
whose address is 1550 Bayside Drive, Corona del Mar, California 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. The City established the Newport Beach Restaurant Association Business
Improvement District pursuant to the Parking and Business Improvement Area
Law of 1989 ( "NBRA ").
C. The NBRA is an association consisting of all of the food service businesses in
the City of Newport Beach.
D. NBRA hosts an annual Restaurant Week, which is designed to market Newport
Beach as a premier dining destination in Orange County and increase dining in
Newport Beach restaurants.
E. City desires to engage Consultant to plan, market, produce, manage, execute
and provide an evaluation report on Restaurant Week 2012. For the purposes of
this Agreement, Newport Beach Restaurant Week 2012 constitutes the
('Project'). The Project shall be comprised of the duties and responsibilities
listed in Exhibit A attached hereto and incorporated by reference.
F. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project shall be Peggy Fort,
President & CEO of CMC, Inc.
H. 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 above written date, and shall
terminate on April 16, 2012 unless terminated earlier as set forth herein.
Z. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Work and Budget attached hereto as Exhibit B and
incorporated herein by reference ( "Work" or "Services "). The City may elect to delete
certain tasks of the Scope of Work at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to 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 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
either telephone, 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, Sub - section 4.1.1, and
the Scope of Work and Budget 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 sub - consultant fees, shall not exceed
One Hundred Thirty -Four Thousand Eight Hundred Fifty Dollars and no /100
($134,850) 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.
4.1.1 Consultant's compensation shall be paid as follows: (i) Thirty Four
Thousand Dollars and no/ 100 ($34,000) attributable to the City's Special Events grant
2012 Restaurant Week Professional Services Agreement Page 2
for the 2012 Newport Beach Restaurant Week event; (ii) Forty -Five Thousand Dollars
and no /100 ($45,000) attributable to money previously approved and allocated by the
City Council for NBRA marketing activities; and (iii) the remaining Fifty -Five Thousand
Eight Hundred and Fifty Dollars ($55,850) shall be collected from participant buy -in
fees and sponsorships collected by Consultant (collectively, "Sponsorship Funding ").
The Sponsorship Funding is an estimated amount, should the actual Sponsorship
Funding collected be less than the amount provided in this Agreement Consultant's
compensation shall automatically reduce to reflect the amount collected. In no event
shall the City pay any money from its general fund or any other source to make up any
short fall in anticipated Sponsorship Funding. The risk of any short fall in Sponsorship
Funding shall be solely on the Consultant. Any Sponsorship Funding collected in
excess of the amount provided in this Agreement shall be the property of the City.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.2.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
4.2.2 Approved reproduction charges.
4.2.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.3 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 Work and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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
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.
2012 Restaurant Week Professional Services Agreement Page 3
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Tara Finnigan shall
be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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 community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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.
8.3 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, or 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.
2012 Restaurant Week Professional Services Agreement Page 4
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,
volunteers, 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, subconsultants, 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.
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. 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 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.
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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
14.1 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.
14.2 Proof 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. 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.
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant retains no
employees and therefore need not maintain Workers' Compensation Insurance, but is
required to complete a Workers' Compensation Certificate of Exemption. However, if
during the course of this Agreement Consultant acquires and retains any employees,
Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and
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Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for
Consultant's employees in accordance with the laws of the State of California, Section
3700 of the Labor Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance
in accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees, or a complete a Workers' Compensation Certificate of
Exemption if subcontractor has no employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 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.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance 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 for each accident.
14.7 Other Insurance Provisions or Requirements.
14.7.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.7.1.1 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 and insurance clauses from each of its subcontractors.
14.7.1.2 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.
14.7.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
2012 Restaurant Week Professional Services Agreement Page 7
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.
14.7.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to 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.
14.8 TimelV 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.
14.9 Additional 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.
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 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
City and Consultant agree that subcontractors may be used to complete the Work
outlined in the Scope of Work. The subcontractors authorized by City to perform Work
on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for
all acts and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and 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.
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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. 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 authorizes in writing the release of information.
19. 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 of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work 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.
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21. VVITHHOLDINGS
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.
22. 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 paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals 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:
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Attention: Tara Finnigan
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 -3008
Email: tfinnigan(a)newportbeachca.gov
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Peggy Fort
California Marketing Concepts, Inc.
1550 Bayside Drive
Corona del Mar, CA 92625
Phone: 949 - 675 -0501
Fax: 949 - 675 -0508
Email: peggyfortaaol.com
26. CLAIMS
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.).
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
fourteen (14) 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
2012 Restaurant Week Professional Services Agreement Page 11
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 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.
28.2 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.
28.3 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.
28.4 Conflicts or Inconsistencies
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
28.5 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.
28.6 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.
2012 Restaurant Week Professional Services Agreement Page 12
28.7 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.
28.8 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.
28.9 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 or age.
28.10 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.
28.11 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 and the same
instrument.
2012 Restaurant Week Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: o hsll,
By: zzp
Aaron C.
City Attorney
ATTEST:
By
Lei
Cit
CITY OF NEWPORT BEACH,
A California unicipal corporation
Date: /
By: I
Michael F. Henn
Mayor
CONSULTANT: CALIFORNIA
MARKETING CONCEPTS, INC. (CMC,
Inc.), a California corporation
Date: Its 11012 -bll
M
Presiddnt� -CEO, CFO
Attachments: Exhibit A — Project Duties & Responsibilities
Exhibit B — Scope of Work & Budget
2012 Restaurant Week Professional Services Agreement Page 14
Exhibit A
Newport Beach Restaurant Week
Task Overview - Pr®uect OutOes & Responsibli hoes
OVERALL PROJECT NIANAGEMEN
• Assign Responsibilities to Sub - Contractors & Volunteers
• Compile & Evaluate NBRW Post Campaign Survey Feedback & Results
• Confer with City, NBRA BID Board Members, Restaurant Owners, Sponsors & Vendors to
Discuss Issues, Coordinate Programming, Develop Marketing Activities, & Resolve Problems
• Develop & Manage NB Restaurant Week Charity 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
• Manage NBRW Executive Working Sub-Committee Comprised of NB Restaurant Owners
Manage NBRW Participants, Strategic Partners, Sponsors, Project Coordinators, Sub -
Contractors & Vendors
Negotiation & Strategic Planning of NBRW Partnerships, Special Events -& Promotions
• Prepare & Present Reports Concerning Marketing Activities, Expenses, Budgets, & Other
Items Affecting Business or Program Services
• Prepare NBRW Budgets for Approval, Including Funding & Implementation of Programs
• Promote Restaurant Week Experience Specific To Each NB Neighborhood
• Review & Present Reports & Proposals to Recommend Approval or to Suggest Changes
• Secure Internal Active Participation of Newport Beach Restaurants
• Work with NBRA BID To Plan Restaurant Week Campaign Specifics & Programs
• Bill & Collect Restaurant Application Buy in Fess
• Collect Participating Restaurant Menus & Publish on Web Site & Collateral Material
• Compile & Distribute Promotional Piece Describing Benefits & Offerings For Participants
• Conduct NBRW Orientations & Distribute Promotional Materials To Participants
• Conduct Surveys & Compile Feedback to Improve NBRW
• Develop Post Restaurant Week Bounce Back Promotions With Participating Restaurants
• Direct All Restaurant Industry Servicing, Communication & Correspondence
• Grow Participation in 2012 Newport Beach Restaurant Week
• Produce & Monitor NBRW Participant Resources: Point of Sale Kits, Menu Development, In-
Store Display, Cross Promotions & Launch Event Participation, etc.
• Solicit & Confirm Newport Beach Restaurant Participation with a Goal of
• Work With Restaurant Owners & Personnel To Leverage Marketing Campaign Exposure
COMPREHENSIVE NiARKETING PLAN DEVELOPMENT & EXECUTION
• Compile Lists & Promotional Pieces Describing NBRW Benefits & Offerings
• Conduct Economic & Commercial Surveys to Identify Potential Markets to Promote NBRW
• Coordinate & Participate in Promotional Activities & Community Events, Working with
Strategic Partners, Sponsors, Media Outlets, and Restaurant Owners to Market NBRW
• Create & Execute Post NBRW Bounce Back Promotion
• Create Newport Beach Restaurant Week Identity Consistent Brand
• Create Newport Beach Restaurant Week Marketing Collateral Consistent Brand
• Develop & Execute Aggressive Ongoing Marketing Campaign to Promote NBRW
• Develop & Execute Aggressive Ongoing Public Relations Campaign to Promote NBRW
Develop & Execute NBRW Restaurant Marketing & Promotion Plan
• Develop Internet Marketing Opportunities Driving More Consumers to NBRA BID Official Web
Site www.NewoortBeachDinin2.com Leveraging Online Reservation System
• Develop Internet Marketing Opportunities to Leverage Online Reservation System
• Develop Social Networking & Media Marketing Campaigns Driving More Consumers to:
www.NewoortBeachDining.com
Expand & Execute Marketing & Publicity Campaign in Local, Tourism and Hospitality Markets
Expand & Execute Media Advertising Campaign Through Partnership Marketing Opportunities
• Formulate, Direct & Coordinate Marketing Activities & Policies to Promote NBRW with Team.
• Identify, Develop, & Evaluate Marketing Strategy, Based on Knowledge of NBRW Objectives,
Market Characteristics, Cost & Markup Factors
• Use Sales Forecasting & Strategic Planning to Ensure Success & Profitability of NBRW
Analyzing Industry Developments & Monitoring Market Trends
SPONS0RSHIP PROGRAM DEVELOPMENT
Develop Corporate Sponsorship Package & Benefits
Develop Internal Marketing & Sponsorship Package
• Develop NBRW Sponsor Stewardship Report
• Secure Industry & Corporate Cash Sponsors on behalf of NBRW
• Secure Media In -Kind Sponsorships on behalf of NBRW
• Secure Minimal Buy -In Cost & Benefits For NBRW Restaurant Participants
• Service All NBRW In -Kind Media, Corporate Sponsors & Industry Purveyors
• Solicit Long Term Corporate Sponsors To Grow Profitability of Campaign
• Solicit Industry Purveyors To Secure Strategic Partnerships
LEVERAGE NBRA BID MARKETING BUDGET THROUGH STRATEGIC PARTNERSHIP DEVELOPMENT
• Build City, CRA, Visit Newport Inc. & Chamber of Commerce Support
• Develop Restaurant Participation & Cooperation
• Secure Event, Flag & Banner Permits
• Secure Food Industry Purveyor In -Kind Contributions
• Secure In -Kind Contributions & Volunteer Support
• Work With NBRA Board To Secure NBRA BID & City Funding
• Secure Restaurant In -Kind Contributions - Launch Events, etc.
CREATIVE COLLATERAL & BRAND IDENTITY CAMPAIGN
Create & Display Citywide 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
CREATIVE COLLATERAL & BRAND IDENTITY CAMPAIGN !f CONT.
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
• Create Efficient Web Based Menu and Content Upload & Updates
• Develop NBRA Social Networking Community on Internet Driving Traffic to NBRW &
www.NewportBeachDinig.com
• Develop Strategic Internet Cross Promotional Campaigns & Link Alliances
• Implement SEO Strategic Plan To Drive More Traffic to NBRW Pages
• Strategize & Oversee NBRW Blog Posts on www.NewportBeachDining.com
• Strategize & Oversee NBRW Web Site Refresh - NBRW Announcements, Menus, Events, etc.
Develop & Strategize NBRW VIP Text Club Campaigns
• Develop & Strategize Strategic Social Media Campaign to Leverage Publicity, Build Brand
Awareness, Visibility & Generate Participation in NBRW
• Develop Strategic Social Media Marketing Campaign & Cross Promotions on Face Book,
Twitter & Foodie Blogs, etc.
MEDIA CAMPAIGN DEVELOPMENT
Discuss & Negotiate Topics Such as Contracts, Selection of Advertising Media, or Messaging
to be Advertised
• Gather & Organize Information to Plan Advertising Campaigns In & Out of Market
• Inspect Layouts, Advertising 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 Journals & Professional Literature to Stay Informed on Trends, Innovations, and
Changes that affect Media Planning
ADVERTISING & DIRECT MAIL CAMPAIGN DEVELOPMENT
Direct & Manage LA Times NBRW Spadea Wrap Campaigns
• 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 Southern California Print Ad Campaigns - OC Register, LA Times, Daily Pilot etc.
SECURE & MANAGE OFFICIAL MEDIA PARTIBERSHPS & CONTRIBUTIONS
TARGET LIST OF PRINT & ONLINE MEDIA PARTNERS:
• Churm Publishing OC Metro, Metro Menus
• Coast Magazine
• Dining Out Magazine
Laguna Beach Independent Newspaper
LiveOC Magazine
Los Angeles Times Community News - Daily Pilot, HB Independent, LB Coastline Pilot
Newport Beach Magazine
OC Weekly Newspaper
Orange Coast Magazine
Riviera Magazine
TARGET LIST OF BROADCAST RADIO PARTNERS
G 101.5 KOCI Radio
u 92.7 JILL FM Radio
c KWAVE & KEARTH - CBS Radio
Develop PSA Radio Spots
PARTIAL TARGET LIST OF ONLINE & SOCIAL MEDIA PARTNERS
• Coronadelmartoday.com
• DailyCandy.com
DailyVoice.com
• GreersOC.com
• OCMenus.com
• Opentable.com
Patch.com
• Yelp.com
• Zagat.com
PUBLIC RELATIONS DEVELOPMENT & EXECUTION
• Act as Official NBRW Spokesperson
• Coordinate & Invite Media To Newport Beach Restaurant Week Events
• Coordinate Interviews with Participating Restaurant Chefs & NBRA Board of Directors
Develop & Leverage Ongoing Publicity Campaign to Promote NBRW
Develop & Maintain NBRW Image & Identity, Which Includes the Use of Logos & Signage
Develop Newport Beach Restaurant Week Press Kit
Develop Pre & Post- Publicity Campaign
Develop Radio & Cable Packages with Media Partners
Establish & Maintain Effective Working Relationships with Local & Municipal Government
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
Identify Main Campaign Target 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 Information for Media
EXECUTE PUBLICITY CAMPAIGN TARGETING PRINT & ELECTRONIC MEDIA OUTLETS:
Business Newswire Releases: All Southern California Media Outlets
Local Print & Online Newspapers and Periodicals: Los Angeles Times, OC Register, Daily Pilot,
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: i.e.: Meetings in the West, Convene, etc.
Business: i.e.: OC Metro, OC Business Journal, Local Restaurant News
Foodie & Wine: Dining Out, Metro Menus, Dining & Destinations, etc.
Restaurant & Hospitality Industry: Great Taste, Restaurant Industry News
Local Association Outreach & Newsletters: Balboa Beacon, NB & CdM Chamber Newsletter,
NBCVB & AOCVB Newsletter & Visitor Guides, etc.
11
EXPAND (BROADCAST MEDIA PARTNERS
• Develop Thirty Second Promo Video Spot
• PSA Spots - NB TV News Local Cable, Comcast Time Warner Cable TV
PRODUCE NBRW OFFICIAL PRESS EVENTS & PURVEYOR CROSS PROMOTIONS
• Coordinate Interviews with Restaurant Chefs, City Officials & NBRA Board of Directors
• Coordinate Media To Attend Restaurant Week Press Reception
Produce All Aspects Of NBRW Press Events to Leverage Publicity Coverage
COMMUNITY RELATIONS DEVELOPMENT
• City Council Meeting Presentations & Ongoing Meetings
• Conduct Presentations to Promote NBRW in Community
• Coordinate Meetings & Presentations to Promote NBRW in Community
• Develop Grassroots Community Relations Marketing Plan
Direct & Answer Consumer Messaging & Questions Re: NBRW
Recruit Community Volunteers Outreach Campaign
Produce & Coordinate NBRW Chef's Cooking Pavilion Launch Event - September
• Produce & Direct All Aspects NBRW Special Events on Day of Event
• Produce NBRW Orientations For Restaurant Owners - Winter
Produce Restaurant Week Gala Launch Party - January
Produce Restaurant Week Pre & Post Party Sponsor Events
• Arrange Venue, Audio - Visual Equipment, Transportation, Displays, & Other Needs
• Conduct Post -Event Evaluations to Determine How Future Events Could be Improved
Confer with Partners, Staff & Volunteers at Event Site to Coordinate Details
• Confirm Media Attendance at Gala Launch Events
• Consult with NBRA BID Board and Restaurant Owners to Determine Objectives &
Requirements for NBRW Events Such as Orientations, Media Events, Gala Launch Party, &
NBRW Pre Parties
• Coordinate All Aspects Of NBRW Special Events
• Coordinate Services for Events, Such as Facilities, Catering, Signage, Displays, Special Needs
Requirements, Printing & Event Security
• Develop Strategy, Logistics and Negotiate Event Detail
Manage Charity Component & Work With Official Benefactor If Appropriate
Monitor Program & Event Activities to Ensure Compliance with Applicable Regulations &
Laws, Satisfaction of Participants, & Resolution of any Problems that Arise.
COMPILE, ANALYZE & PRODUCE RESTAURANT WEEK RESULTS
Produce & Distribute NBRW Sales Tracker & Sales Result Forms
Produce & Distribute NBRW Online Post Campaign Survey
Compile NBRW Marketing& Media Statistics Results
Compile NBRW Marketing & Media Examples
Produce & Manage NBRW Post Campaign Recap Meeting
Produce Post Campaign Stewardship Report for NBRA BID & City
MANAGE NBRW PERSONNEL sus VENDORS
RESTAURANT WEEK ADMONISTRATIIVE SERVICOHS COORDINATOR (S)
DUTIES & RESPONSIBILITIES
Perform routine clerical and administrative functions such as drafting correspondence, scheduling
appointments, organizing and maintaining paper and electronic files, or providing information to
callers.
Provide ongoing NBRW administrative service, coordination & support to NBRW Director/ Project
Manager; conduct research, prepare statistical reports, handle information requests.
Perform some duties too varied and diverse to be classified in any specific office clerical category
requiring limited knowledge of NBRW, office management systems and NBRA BID procedures.
Clerical duties may be assigned in accordance with the office procedures of individual marketing
programs and may include a combination of answering telephones, bookkeeping, typing or word
processing, office machine operation and filing, etc.
• Answer Telephones & Provide Information to Callers, Take Messages, or Transfer Calls to
Appropriate Individual
• 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, Disseminate or
Explain Information & Address Complaints
• Compile, Copy, Sort & File Records of Activities, Business Transactions, & Other Activities
• Compute, Classify, Update Databases & Record Data to Keep Records Complete
• File & Retrieve Official Documents, Records & Reports
• Greet Visitors & Callers, Handle Their Inquiries & Direct Them to the Appropriate Person or
Resource According to their Needs
• Learn to operate new office technologies as they are developed & implemented
NBRW ADMINISTRATIVE ASSISTANCE
• Maintain & update filing, inventory, mailing, and database systems, either manually or using
a computer
• Make Copies of Correspondence & Other Printed Material
• Open, Sort & Distribute Incoming Correspondence, Including Faxes & Email
• Operate & Program Office Equipment Such as Fax Machines, Copiers & Phone Systems, &
Scanners, Voice Mail Systems & Personal Computers
• Operate Computer Programs to Record, Store & Analyze Information
• Perform General Office Duties Such as Filing, Answering Telephones & Handling Routine
Correspondence
NBRW ADMINISTRATIVE ASSISTANCE - CONT.
• Perform General Office Duties Such as Ordering Supplies, Maintaining Records Management
Systems & Performing Basic Bookkeeping Work
• 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 & Electronic Filing Systems for Records, Correspondence& Other
Material
• Use Computers for Spreadsheet, Word Processing, Database Management & Other
Applications
• Assist with Coordinate NBRW Official Mailings
• Assist with Coordination of NBRW Participant Orientation Meetings
• Assist with Restaurant & Participant Servicing & Correspondence
Follow Up Contact & Servicing with NBRW Participants Re: Sign Ups, Paperwork, Menu
Development, In -Store Display & Promotion, Deliveries, etc.
MISC. SPECIAL EVENT ASSISTANCE
• Assist with Coordination of NBRW Gala Event, Pre & Post Party Events
• Assist with Coordination of NBRW Press Conference
• Assist with Coordination of NBRW Volunteers
Coordinate NBRW Sub - Committee Agendas
Assist with NBRW Social Marketing Campaign
Assist with NBRW Web Site 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
MMKETING COORDINATION ASSISTANCE
• Assist with Coordinating Marketing Activities to Promote NBRW Working with Project Manager
& NBRW Director
• Assist with Coordinating NBRW Database Management
• Assist with Coordination of NBRW Vendors
• Assist with Execution of Marketing Strategy Based on Knowledge of NBRW Objectives, Trends
& Budget
• Assist with Sponsor Servicing and Correspondence
• Assist with coordination & participate in promotional activities & special events, working with
restaurants, sponsors and vendors, to market NBRW
• Assist with NBRW Survey, Results, & Misc. Servicing
Exhibit B
Sixth Annual Newport Beach Restaurant Week
Scope Of Work & Budget
Fiscal Year 2059.2052
CAMPAIGN DATEs: January 20 -29, 2052
PROJECT EXPENDITURES TOTALS
CREATIVE. COLLATERAL DEVELOPMENT & PRINTING
Creative Campaign & Graphic Design $ 2,000
Citywide Banners & Restaurant Promotional Signage $ 2,000
Citywide Flag Campaign Promotions $10,000
Display Material, Posters & Invites Printing - Postcard & Insert Production $ 7,000
`Total of 300,000 Pieces Distributed
Total Cash: $21,000
MEDIA ADVERTISING CAMPAIGNS
Out of Market Print & Online Campaigns — Southern California
Creative Campaign & Graphic Design $ 0
Orange County Register & LA Times Food Section & Online Campaigns $ 5,000
Out of Market Online Campaign $ 0
In Market Print & Online Campaigns —Local
Daily Pilot Special Section Inserts - Back Page (4) Color Plus 30k Inserts $ 0
Visit Newport Beach (Value: $10,000) $ In -Kind
Newport Beach Chamber (Value: $500) $ In -Kind
Corona del Mar Chamber (Value: $500) $ In -Kind
"In -Kind Media Partners — Print & Online
Los Angeles Times Community News
Daily Pilot, HB Independent, LB Coastline Pilot (Value: $25k level) $ In -Kind
Orange Coast Magazine (Value: $25k level) $ In -Kind
Coast Magazine (Value: $25k level) $ In -Kind
Newport Beach Magazine (Value: $10k level) $ In -Kind
OC Weekly Magazine (Value: $25k level) $ In -Kind
Live OC Magazine (Value: $10K Level) $ In -Kind
Churm Publishing OC Metro, Metro Menus (Value: $25k level) $ In -Kind
NEWPORT BEACH RESTAURANT WEEK fFOSICAL YEAR 2011.2012 BUDG�lf
MEDIA ADVERTISING CAMPAIGNS — CONT.
Broadcast Television & Radio Campaigns
*PSA Promo Radio Spots — LA Media Market (Value: TBA level) $ In -Kind
JILL FM 92.7 Radio (Value: $25k level) $ In -Kind
Time Warner Cable TV Promotion (Value: TBA level) $ In -Kind
NBTV News $ In -Kind
Total Cash: $ 5,000
*Approx In -kind Total: $181,000
DIRECT MAIL & ONLINE MEDIA CAMPAIGN
American Express Southern California Online Campaign $ 10,000
City Water Bill Insert Fees $ 500
Balboa Beacon Inserts $ 500
Certified Folder Display NBRW Insert Distribution $ In -Kind
Total Cash: $ 11,000
CHARITY & MEDIA LAUNCH EVENTS
Restaurant Week Taste of Newport Launch $ 1,500
Restaurant Week VIP Media Launch Reception $ 5,000
"Projected Revenue Generation: $6, 000
*In -Kind Sponsorships: Venue(s), Sysco Food Services, Restaurants, Chef Works
(Value: $20,000)
Total: $ 6,500
*In -kind Total: $20,000
MARKETING & PUBLIC RELATIONS PLAN DEVELOPMENT & EXECUTION
Execution of Marketing & Public Relations Services $ 42,000
Total: $ - 42,000
nation $ 33,600
Total: $ 33,600
SPONSORSHIP DEVELOPMENT & SERVICING
Internal Marketing & Sponsorship Package Production
Development & Commissions $ 10,000
`Contingent Based on Incentive Bonus Plan on Cash Revenue
Total: $ 10,000
MISC. ADMINISTRATION & ACCOUNTING FEES
Accounting & Administration Services $ 3,500
Photography & Video $ 1,000
Postage & Supplies $ 1,250
Total: $ 5,750
TOTAL PROJECTED EXPENDITURES
$134,850
TOTAL PROJECTED INCOMING REVENUE
$135,000
TOTAL PROJECTED IN -KIND VALUE
$211,000
TOTAL CAMPAIGN BUDGET VALUE — CASH & IN -KIND
$345,850
CITY OF C=.VF HEYMORT &EA
NEWPORT BEACH r`r ?(il
City Council Staff Report Agenda Item No:'un'f
November 22, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Tara Finnigan
APPROVED: `j -�� n, V_,�\
TITLE: 2012 Newport Beach Restaurant Week Professional Services
Agreement
ABSTRACT:
The Newport Beach Restaurant Association Business Improvement District (NBRA) is
planning its next Newport Beach Restaurant Week for January 2012. Restaurant Week
is an annual, citywide event offering diners specially priced lunch and dinner menus at
participating restaurants.
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign the January 2012 Restaurant
Week Professional Services Agreement between the City of Newport Beach and
California Marketing Concepts, Inc. (CMC, Inc.).
FUNDING REQUIREMENTS:
A. City Budget Includes Funding of $79,000
The current adopted budget includes $79,000 of funding from the City of Newport
Beach (City). This is comprised of a $34,000 special event grant that has been
transferred from the City's General Fund to the NBRA and $45,000 in marketing money
available in the NBRA budget. The remaining $55,850 in funding will be generated by
CMC, Inc. through participant buy -in fees and sponsorships.
2012 Newport Beach Restaurant Week Professional Services Agreement
November 22, 2011
Page 2
DISCUSSION:
Background
The City established the Newport Beach Restaurant Association Business Improvement
District (NBRA) pursuant to the Parking and Business Improvement Area Law of 1989.
Considered to be a part of the City, the NBRA does not have the authority to contract on
its own. Therefore, City staff assists with the preparation of and oversees its
professional services agreements. In order to adequately process the agreements, staff
follows the NBRA's annual list of priorities and budget (as approved by the City Council
on June 28, 2011) and relies upon the input and recommendations of the NBRA Board
of Directors.
City Support for NBRA and Newport Beach Restaurant Week
The NBRA is primarily funded through its member assessments and through
sponsorship money raised. For the current fiscal year, the Board estimates that it will
collect approximately $90,000 in assessments and raise about $53,000 in event
sponsorships. In addition, the City Council authorized, and the City has since provided,
$38,000 in matching funds to the BID.
In addition to these matching funds, at its June 28 Regular meeting, the City Council
considered the recommendations of the Special Events Advisory Committee and
awarded a $34,000 special event grant to the NBRA for the 2012 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 $134,850, the $34,000 special event grant is the
maximum amount of City General Fund money that will be contributed to the 2012
Restaurant Week event. All other funding will come from funds identified in the NBRA's
FY 12 budget ($45,000) and the remaining $55,850 will be comprised of participant buy -
in fees and sponsorships collected by CIVIC, Inc.
California Marketing Concepts, Inc.
California Marketing Concepts, Inc. (CMC, Inc.), a local marketing and public relations
agency, has worked with the NBRA since 2007 to plan, market and produce its
Restaurant Week event. CIVIC, Inc. also manages the day -to -day marketing and public
relations efforts for the NBRA, and maintains a strong working relationship with its
Board of Directors.
The City recently entered into an agreement with CIVIC, Inc. for Newport Beach
Restaurant Association Strategic Marketing and Public Relations Services for FY 2011-
12. That agreement did not include Newport Beach Restaurant Week.
2012 Newport Beach Restaurant Week Professional Services Agreement
November 22, 2011
Page 3
The City last issued a Request for Proposals (RFP) for Restaurant Week in the spring of
2010 to identify a marketing or special events planning firm to produce Restaurant
Week 2011. As a result of the RFP, CIVIC, Inc. was selected and awarded the contract.
With changes in City staff working on economic development issues, applicable
Restaurant Week planning timelines, and the NBRA Board's preference to keep
continuity with CIVIC, Inc. this year, staff sole sourced the contract, as allowed by
Section (11)(f)(2) of the Administrative Procedures (Contracting for the Procurement of
Services) that accompany Council Policy F -14. Therefore, staff is recommending that
Council approve the attached professional services agreement with CIVIC, Inc.
Staff has informed the NBRA Board President and Peggy Fort of CIVIC, Inc. that the City
will issue an RFP for the 2013 Newport Beach Restaurant Week event. That process
will begin in December 2011 in order for consultant selection and a recommendation to
go before the Council by late spring of next year.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
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.
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:
J l
Dave Kiff
City Manager
Attachments: A. Professional Services Agreement
y
PROFESSIONAL SERVICES AGREEMENT WITH
CALIFORNIA MARKETING CONCEPTS, INC. (CIVIC INC.)
FOR MARKETING AND PRODUCTION OF
2012 NEWPORT BEACH RESTAURANT WEEK
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this day of November, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and CALIFORNIA
MARKETING CONCEPTS, INC., ( "CMC, Inc. "), a California corporation ( "Consultant'),
whose address is 1550 Bayside Drive, Corona del Mar, California 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. The City established the Newport Beach Restaurant Association Business
Improvement District pursuant to the Parking and Business Improvement Area
Law of 1989 ( "NBRA ").
C. The NBRA is an association consisting of all of the food service businesses in
the City of Newport Beach.
D. NBRA hosts an annual Restaurant Week, which is designed to market Newport
Beach as a premier dining destination in Orange County and increase dining in
Newport Beach restaurants.
E. City desires to engage Consultant to plan, market, produce, manage, execute
and provide an evaluation report on Restaurant Week 2012. For the purposes of
this Agreement, Newport Beach Restaurant Week 2012 constitutes the
('Project'). The Project shall be comprised of the duties and responsibilities
listed in Exhibit A attached hereto and incorporated by reference.
F. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
G. The principal member of Consultant for purposes of Project shall be Peggy Fort,
President & CEO of CMC, Inc.
H. 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:
5
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on April 16, 2012 unless terminated earlier as set forth herein.
Z. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Work and Budget attached hereto as Exhibit B and
incorporated herein by reference ( "Work" or "Services "). The City may elect to delete
certain tasks of the Scope of Work at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to 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 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
either telephone, 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, Sub - section 4.1.1, and
the Scope of Work and Budget 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 sub - consultant fees, shall not exceed
One Hundred Thirty -Four Thousand Eight Hundred Fifty Dollars and no /100
($134,850) 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.
4.1.1 Consultant's compensation shall be paid as follows: (i) Thirty Four
Thousand Dollars and no/ 100 ($34,000) attributable to the City's Special Events grant
2012 Restaurant Week Professional Services Agreement Page 2
for the 2012 Newport Beach Restaurant Week event; (ii) Forty -Five Thousand Dollars
and no /100 ($45,000) attributable to money previously approved and allocated by the
City Council for NBRA marketing activities; and (iii) the remaining Fifty -Five Thousand
Eight Hundred and Fifty Dollars ($55,850) shall be collected from participant buy -in
fees and sponsorships collected by Consultant (collectively, "Sponsorship Funding ").
The Sponsorship Funding is an estimated amount, should the actual Sponsorship
Funding collected be less than the amount provided in this Agreement Consultant's
compensation shall automatically reduce to reflect the amount collected. In no event
shall the City pay any money from its general fund or any other source to make up any
short fall in anticipated Sponsorship Funding. The risk of any short fall in Sponsorship
Funding shall be solely on the Consultant. Any Sponsorship Funding collected in
excess of the amount provided in this Agreement shall be the property of the City.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.2.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
4.2.2 Approved reproduction charges.
4.2.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.3 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 Work and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
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
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.
2012 Restaurant Week Professional Services Agreement Page 3
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6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Tara Finnigan shall
be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his /her authorized representative shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 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.
7.1.2 Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the required bid
documents with City's reproduction company. All other reproduction will be the
responsibility of Consultant and as defined above.
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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 community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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.
8.3 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, or 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.
2012 Restaurant Week Professional Services Agreement Page 4
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,
volunteers, 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, subconsultants, 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.
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. 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 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.
2012 Restaurant Week Professional Services Agreement Page 5
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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.
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
14.1 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.
14.2 Proof 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. 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.
14.2.1 Consultant shall procure and maintain for the duration of the
Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Consultant's bid.
14.3 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.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant retains no
employees and therefore need not maintain Workers' Compensation Insurance, but is
required to complete a Workers' Compensation Certificate of Exemption. However, if
during the course of this Agreement Consultant acquires and retains any employees,
Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and
2012 Restaurant Week Professional Services Agreement Page 6
Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for
Consultant's employees in accordance with the laws of the State of California, Section
3700 of the Labor Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance
in accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees, or a complete a Workers' Compensation Certificate of
Exemption if subcontractor has no employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 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.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance 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 for each accident.
14.7 Other Insurance Provisions or Requirements.
14.7.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.7.1.1 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 and insurance clauses from each of its subcontractors.
14.7.1.2 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.
14.7.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
2012 Restaurant Week Professional Services Agreement Page 7
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.
14.7.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to 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.
14.8 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.
14.9 Additional 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.
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 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
City and Consultant agree that subcontractors may be used to complete the Work
outlined in the Scope of Work. The subcontractors authorized by City to perform Work
on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for
all acts and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and 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.
2012 Restaurant Week Professional Services Agreement Page 8
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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. 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 authorizes in writing the release of information.
19. 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 of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work 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.
2012 Restaurant Week Professional Services Agreement Page 9
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21. 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.
22. 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 paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 All notices, demands, requests or approvals 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:
2012 Restaurant Week Professional Services Agreement Page 10
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Attention: Tara Finnigan
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 -3008
Email: tfinnigan(v newportbeachca.gov
25.2 All notices, demands, requests or approvals from CITY to Consultant shall
be addressed to Consultant at:
Attention: Peggy Fort
California Marketing Concepts, Inc.
1550 Bayside Drive
Corona del Mar, CA 92625
Phone: 949 - 675 -0501
Fax: 949 - 675 -0508
Email: peggyfort(a)aol.com
26. CLAIMS
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.).
27. TERMINATION
27.1 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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
fourteen (14) 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
2012 Restaurant Week Professional Services Agreement Page 11
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reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 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.
28.2 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.
28.3 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.
28.4 Conflicts or Inconsistencies
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work or any other attachments attached hereto, the terms of this Agreement
shall govern.
28.5 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.
28.6 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.
2012 Restaurant Week Professional Services Agreement Page 12
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28.7 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.
28.8 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.
28.9 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 or age.
28.10 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.
28.11 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 and the same
instrument.
2012 Restaurant Week Professional Services Agreement Page 13
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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:
OFFICE OF THE CITY ATTORNEY
Date: 11 7IS/ 1'
By:
Aaron C.
City Attorney
ATTEST:
Date:
Bv:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
By:
Michael F. Henn
Mayor
CONSULTANT: CALIFORNIA
MARKETING CONCEPTS, INC. QCMC,
Inc.), a California corporation
Date: Its ltn19 -t-)ll
M
O, CFO
Attachments: Exhibit A — Project Duties & Responsibilities
Exhibit B — Scope of Work & Budget
2012 Restaurant Week Professional Services Agreement Page 14
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Exhibit A
Iq
Newport Beach Restaurant Week
Task Overview - Project Duties & Responsibilities
OVERALL PROJECT MANAGEMEN
• Assign Responsibilities to Sub - Contractors & Volunteers
• Compile & Evaluate NBRW Post Campaign Survey Feedback & Results
• Confer with City, NBRA BID Board Members, Restaurant Owners, Sponsors & Vendors to
Discuss Issues, Coordinate Programming, Develop Marketing Activities, & Resolve Problems
• Develop & Manage NB Restaurant Week Charity 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
• Manage NBRW Executive Working Sub - Committee Comprised of NB Restaurant Owners
• Manage NBRW Participants, Strategic Partners, Sponsors, Project Coordinators, Sub -
Contractors & Vendors
• Negotiation & Strategic Planning of NBRW Partnerships, Special Events & Promotions
• Prepare & Present Reports Concerning Marketing Activities, Expenses, Budgets, & Other
Items Affecting Business or Program Services
• Prepare NBRW Budgets for Approval, Including Funding & Implementation of Programs
• Promote Restaurant Week Experience Specific To Each NB Neighborhood
• Review & Present Reports & Proposals to Recommend Approval or to Suggest Changes
• Secure Internal Active Participation of Newport Beach Restaurants
• Work with NBRA BID To Plan Restaurant Week Campaign Specifics & Programs
RECRUIT NEWPORT BEACH RESTAURANTS TO GROW PARTICIPATION
• Bill & Collect Restaurant Application Buy in Fess
• Collect Participating Restaurant Menus & Publish on Web Site & Collateral Material
• Compile & Distribute Promotional Piece Describing Benefits & Offerings For Participants
• Conduct NBRW Orientations & Distribute Promotional Materials To Participants
• Conduct Surveys & Compile Feedback to Improve NBRW
• Develop Post Restaurant Week Bounce Back Promotions With Participating Restaurants
• Direct All Restaurant Industry Servicing, Communication & Correspondence
• Grow Participation in 2012 Newport Beach Restaurant Week
• Produce & Monitor NBRW Participant Resources: Point of Sale Kits, Menu Development, In-
Store Display, Cross Promotions & Launch Event Participation, etc.
Solicit & Confirm Newport Beach Restaurant Participation with a Goal of
• Work With Restaurant Owners & Personnel To Leverage Marketing Campaign Exposure
,io
COMPREHENSIVE MARKETING PLAN DEVELOPMENT & EXECUTION
Compile Lists & Promotional Pieces Describing NBRW Benefits & Offerings
• Conduct Economic & Commercial Surveys to Identify Potential Markets to Promote NBRW
• Coordinate & Participate in Promotional Activities & Community Events, Working with
Strategic Partners, Sponsors, Media Outlets, and Restaurant Owners to Market NBRW
Create & Execute Post NBRW Bounce Back Promotion
Create Newport Beach Restaurant Week Identity Consistent Brand
Create Newport Beach Restaurant Week Marketing Collateral Consistent Brand
Develop & Execute Aggressive Ongoing Marketing Campaign to Promote NBRW
Develop & Execute Aggressive Ongoing Public Relations Campaign to Promote NBRW
Develop & Execute NBRW Restaurant Marketing & Promotion Plan
Develop Internet Marketing Opportunities Driving More Consumers to NBRA BID Official Web
Site www.NewportBeachDining.com Leveraging Online Reservation System
Develop Internet Marketing Opportunities to Leverage Online Reservation, System
Develop Social Networking & Media Marketing Campaigns Driving More Consumers to:
www.Newoort BeachDin inE.com
Expand & Execute Marketing & Publicity Campaign in Local, Tourism and Hospitality Markets
Expand & Execute Media Advertising Campaign Through Partnership Marketing Opportunities
Formulate, Direct & Coordinate Marketing Activities & Policies to Promote NBRW with Team.
Identify, Develop, & Evaluate Marketing Strategy, Based on Knowledge of NBRW Objectives,
Market Characteristics, Cost & Markup Factors
Use Sales Forecasting & Strategic Planning to Ensure Success & Profitability of NBRW
Analyzing Industry Developments & Monitoring Market Trends
Develop Corporate Sponsorship Package & Benefits
Develop Internal Marketing & Sponsorship Package
Develop NBRW Sponsor Stewardship Report
Secure Industry & Corporate Cash Sponsors on behalf of NBRW
Secure Media In -Kind Sponsorships on behalf of NBRW
Secure Minimal Buy -In Cost & Benefits For NBRW Restaurant Participants
Service All NBRW In -Kind Media, Corporate Sponsors & Industry Purveyors
Solicit Long Term Corporate Sponsors To Grow Profitability of Campaign
Solicit Industry Purveyors To Secure Strategic Partnerships
LEVERAGE NBRA BID MARKETING BUDGET THROUGH STRATEGIC PARTNERSHIP DEVIELOPMENT
Build City, CRA, Visit Newport Inc. & Chamber of Commerce Support
Develop Restaurant Participation & Cooperation
Secure Event, Flag & Banner Permits
Secure Food Industry Purveyor In -Kind Contributions
Secure In -Kind Contributions &Volunteer Support
Work With NBRA Board To Secure NBRA BID & City Funding
Secure Restaurant In -Kind Contributions - Launch Events, etc.
CREATIVE COLLATERAL & BRAND IDENTITY CAMPAIGN
Create & Display Citywide 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
CREATIVE COLLATERAL & BRAND IDENTITY CAMPAIGN - CONT.
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
• Create Efficient Web Based Menu and Content Upload & Updates
• Develop NBRA Social Networking Community on Internet Driving Traffic to NBRW &
www.NewportBeachDinig.com
Develop Strategic Internet Cross Promotional Campaigns & Link Alliances
Implement SEO Strategic Plan To Drive More Traffic to NBRW Pages
• Strategize & Oversee NBRW Blog Posts on www.Newl)ortBeachDining.com
• Strategize & Oversee NBRW Web Site Refresh - NBRW Announcements, Menus, Events, etc.
SOCIAL MEDIA MARKETING DEVELOPMENT
Develop & Strategize NBRW VIP Text Club Campaigns
Develop & Strategize Strategic Social Media Campaign to Leverage Publicity, Build Brand
Awareness, Visibility & Generate Participation in NBRW
Develop Strategic Social Media Marketing Campaign & Cross Promotions on Face Book,
Twitter & Foodie Blogs, etc.
MEDIA CAMPAIGN DEVELOPMENT
• Discuss & Negotiate Topics Such as Contracts, Selection of Advertising Media, or Messaging
to be Advertised
• Gather & Organize Information to Plan Advertising Campaigns In & Out of Market
• Inspect Layouts, Advertising 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 Journals & Professional Literature to Stay Informed on Trends, Innovations, and
Changes that affect Media Planning
ADVERTISING & DIRECT MAIL CAMPAIGN DEVELOPMENT
Direct & Manage LA Times NBRW Spadea Wrap Campaigns
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 Southern California Print Ad Campaigns - OC Register, LA Times, Daily Pilot etc.
SECURE & MANAGE OFFICIAL MEDIA PARTHERSHF)S & CONTRIBUTIONS
TARGET LIST OF PRINT & ONLINE MEDIA PARTNERS:
Churm Publishing OC Metro, Metro Menus
Coast Magazine
Dining Out Magazine
Laguna Beach Independent Newspaper
LiveOC Magazine
Los Angeles Times Community News - Daily Pilot, HB Independent, LB Coastline Pilot
Newport Beach Magazine
OC Weekly Newspaper
Orange Coast Magazine
Riviera Magazine
3
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TARGET LIST OF BROADCAST RADIO PARTNERS
101.5 KOCI Radio
92.7 JILL FM Radio
KWAVE & KEARTH - CBS Radio
Develop PSA Radio Spots
PARTIAL TARGET LIST OF ONLINE & SOCIAL MEDIA PARTNERS
• Coronadelmartoday.com
• DailyCandy.com
DailyVoice.com
• GreersOC.com
• OCMenus.com
Opentable.com
Patch.com
• Yelp.com
• Zagat.com
PUBLIC RELATIONS DEVELOPMENT & EXECUTION
Act as Official NBRW Spokesperson
Coordinate & Invite Media To Newport Beach Restaurant Week Events
Coordinate Interviews with Participating Restaurant Chefs & NBRA Board of Directors
Develop & Leverage Ongoing Publicity Campaign to Promote NBRW
Develop & Maintain NBRW Image & Identity, Which Includes the Use of Logos & Signage
Develop Newport Beach Restaurant Week Press Kit
Develop Pre & Post- Publicity Campaign
Develop Radio & Cable Packages with Media Partners
Establish & Maintain Effective Working Relationships with Local & Municipal Government
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
Identify Main Campaign Target 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 Information for Media
EXECUTE PUBLICITY CAMPAIGN TARGETING PRINT & ELECTRONIC MEDIA OUTLETS:
Business Newswire Releases: All Southern California Media Outlets
Local Print & Online Newspapers and Periodicals: Los Angeles Times, OC Register, Daily Pilot,
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: i.e.: Meetings in the West, Convene, etc.
Business: i.e.: OC Metro, OC Business Journal, Local Restaurant News
Foodie & Wine: Dining Out, Metro Menus, Dining & Destinations, etc.
Restaurant & Hospitality Industry: Great Taste, Restaurant Industry News
Local Association Outreach & Newsletters: Balboa Beacon, NB & CdM Chamber Newsletter,
NBCVB & AOCVB Newsletter & Visitor Guides, etc.
EXPAND BROADCAST MEDIA PARTNERS
Develop Thirty Second Promo Video Spot
PSA Spots - NB TV News Local Cable, Comcast Time Warner Cable TV
PRODUCE NBRW OFFICIAL PRESS EVENTS & PURVEYOR CROSS PROMOTIONS
• Coordinate Interviews with Restaurant Chefs, City Officials & NBRA Board of Directors
• Coordinate Media To Attend Restaurant Week Press Reception
Produce All Aspects Of NBRW Press Events to Leverage Publicity Coverage
COMMUNITY RELATIONS DEVELOPMENT
City Council Meeting Presentations & Ongoing Meetings
Conduct Presentations to Promote NBRW in Community
• Coordinate Meetings & Presentations to Promote NBRW in Community
• Develop Grassroots Community Relations Marketing Plan
Direct & Answer Consumer Messaging & Questions Re: NBRW
Recruit Community Volunteers Outreach Campaign
• Produce & Coordinate NBRW Chef's Cooking Pavilion Launch Event - September
• Produce & Direct All Aspects NBRW Special Events on Day of Event
Produce NBRW Orientations For Restaurant Owners - Winter
Produce Restaurant Week Gala Launch Party - January
Produce Restaurant Week Pre & Post Party Sponsor Events
Arrange Venue, Audio - Visual Equipment, Transportation, Displays, & Other Needs
Conduct Post -Event Evaluations to Determine How Future Events Could be Improved
Confer with Partners, Staff & Volunteers at Event Site to Coordinate Details
Confirm Media Attendance at Gala Launch Events
Consult with NBRA BID Board and Restaurant Owners to Determine Objectives &
Requirements for NBRW Events Such as Orientations, Media Events, Gala Launch Party, &
NBRW Pre Parties
Coordinate All Aspects Of NBRW Special Events
Coordinate Services for Events, Such as Facilities, Catering, Signage, Displays, Special Needs
Requirements, Printing & Event Security
Develop Strategy, Logistics and Negotiate Event Detail
Manage Charity Component & Work With Official Benefactor If Appropriate
Monitor Program & Event Activities to Ensure Compliance with Applicable Regulations &
Laws, Satisfaction of Participants, & Resolution of any Problems that Arise.
COMPILE. ANALYZE & PRODUCE RESTAURANT WEEK RESULTS
• Produce & Distribute NBRW Sales Tracker & Sales Result Forms
• Produce & Distribute NBRW Online Post Campaign Survey
Compile NBRW Marketing & Media Statistics Results
Compile NBRW Marketing& Media Examples
Produce & Manage NBRW Post Campaign Recap Meeting
Produce Post Campaign Stewardship Report for NBRA BID & City
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MANAGE NBRW PERSONNEL & VENDORS
RESTAURANT WEEK ADMINISTRATIVE SERVICES COORDINATOR (S)
DUTIES & RESPONSIBILITIES
Perform routine clerical and administrative functions such as drafting correspondence, scheduling
appointments, organizing and maintaining paper and electronic files, or providing information to
callers.
Provide ongoing NBRW administrative service, coordination & support to NBRW Director /Project
Manager; conduct research, prepare statistical reports, handle information requests.
Perform some duties too varied and diverse to be classified in any specific office clerical category
requiring limited knowledge of NBRW, office management systems and NBRA BID procedures.
Clerical duties may be assigned in accordance with the office procedures of individual marketing
programs and may include a combination of answering telephones, bookkeeping, typing or word
processing, office machine operation and filing, etc.
• Answer Telephones & Provide Information to Callers, Take Messages, or Transfer Calls to
Appropriate Individual
• 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, Disseminate or
Explain Information & Address Complaints
• Compile, Copy, Sort & File Records of Activities, Business Transactions, & Other Activities
• Compute, Classify, Update Databases & Record Data to Keep Records Complete
• File & Retrieve Official Documents, Records & Reports
• Greet Visitors & Callers, Handle Their Inquiries & Direct Them to the Appropriate Person or
Resource According to their Needs
• Learn to operate new office technologies as they are developed & implemented
NBRW ADMINISTRATIVE ASSISTANCE
Maintain & update filing, inventory, mailing, and database systems, either manually or using
a computer
• Make Copies of Correspondence & Other Printed Material
Open, Sort & Distribute Incoming Correspondence, Including Faxes & Email
• Operate & Program Office Equipment Such as Fax Machines, Copiers & Phone Systems, &
Scanners, Voice Mail Systems & Personal Computers
Operate Computer Programs to Record, Store & Analyze Information
• Perform General Office Duties Such as Filing, Answering Telephones & Handling Routine
Correspondence
NBRW ADMINISTRATIVE ASSISTANCE - CONT.
Perform General Office Duties Such as Ordering Supplies, Maintaining Records Management
Systems & Performing Basic Bookkeeping Work
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 & Electronic Filing Systems for Records, Correspondence& Other
Material
Use Computers for Spreadsheet, Word Processing, Database Management & Other
Applications
.�5
MISC. RESTAURANT ADMINISTRATION
• Assist with Coordinate NBRW Official Mailings
• Assist with Coordination of NBRW Participant Orientation Meetings
• Assist with Restaurant & Participant Servicing & Correspondence
Follow Up Contact & Servicing with NBRW Participants Re: Sign Ups, Paperwork, Menu
Development, In -Store Display & Promotion, Deliveries, etc.
MISC. SPECIAL EVENT ASSISTANCE
• Assist with Coordination of NBRW Gala Event, Pre & Post Party Events
• Assist with Coordination of NBRW Press Conference
• Assist with Coordination of NBRW Volunteers
• Coordinate NBRW Sub - Committee Agendas
WEB SITE ADMINISTRATION
Assist with NBRW Social Marketing Campaign
• Assist with NBRW Web Site 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
• Assist with Coordinating Marketing Activities to Promote NBRW Working with Project Manager
& NBRW Director
• Assist with Coordinating NBRW Database Management
• Assist with Coordination of NBRW Vendors
• Assist with Execution of Marketing Strategy Based on Knowledge of NBRW Objectives, Trends
& Budget
• Assist with Sponsor Servicing and Correspondence
• Assist with coordination & participate in promotional activities & special events, working with
restaurants, sponsors and vendors, to market NBRW
• Assist with NBRW Survey, Results, & Misc. Servicing
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Exhibit B
a7
Sixth Annual Newport Beach Restaurant Week
Scope Of Work & Budget
Fiscal Year: 2011 -2012
CAMPAIGN DATES: January 20 -29, 2012
PROJECT ExPENDITURES TOTALS
CREATIVE. COLLATERAL DEVELOPMENT & PRINTING
Creative Campaign & Graphic Design $ 2,000
Citywide Banners & Restaurant Promotional Signage $ 2,000
Citywide Flag Campaign Promotions $10,000
Display Material, Posters & Invites Printing - Postcard & Insert Production $ 7,000
*Total of 300,000 Pieces Distributed
Total Cash: $21,000
MEDIA ADVERTISING CAMPAIGNS
Out of Market Print & Online Campaigns — Southern California
Creative Campaign & Graphic Design $ 0
Orange County Register & LA Times Food Section & Online Campaigns $ 5,000
Out of Market Online Campaign $ 0
In Market Print & Online Campaigns —Local
Daily Pilot Special Section Inserts - Back Page (4) Color Plus 30k Inserts $ 0
Visit Newport Beach (Value: $10,000) $ In -Kind
Newport Beach Chamber (Value: $500) $ In -Kind
Corona del Mar Chamber (Value: $500) $ In -Kind
*In -Kind Media Partners — Print & Online
Los Angeles Times Community News
Daily Pilot, HB Independent, LB Coastline Pilot (Value: $25k level) $ In -Kind
Orange Coast Magazine (Value: $25k level) $ In -Kind
Coast Magazine (Value: $25k level) $ In -Kind
Newport Beach Magazine (Value: $10k level) $ In -Kind
OC Weekly Magazine (Value: $25k level) $ In -Kind
Live OC Magazine (Value: $10K Level) $ In -Kind
Churm Publishing OC Metro, Metro Menus (Value: $25k level) $ In -Kind
a2
NEWPORT BEACH RESTAURANT WEEK FISCAL YEAR 2011.2052 SUDO
MEDIA ADVERTISING CAMPAIGNS — CONT.
Broadcast Television & Radio Campaigns
*PSA Promo Radio Spots — LA Media Market (Value: TBA level) $ In -Kind
JILL FM 92.7 Radio (Value: $25k level) $ In -Kind
Time Warner Cable TV Promotion (Value: TBA level) $ In -Kind
NBTV News $ In -Kind
Total Cash: $ 5,000
*Approx In -kind Total: $181,000
DIRECT MAIL & ONLINE MEDIA CAMPAIGN
American Express Southern California Online Campaign $ 10,000
City Water Bill Insert Fees $ 500
Balboa Beacon Inserts $ 500
Certified Folder Display NBRW Insert Distribution $ In -Kind
Total Cash: $ 11,000
CHARITY & MEDIA LAUNCH EVENTS
Restaurant Week Taste of Newport Launch $ 1,500
Restaurant Week VIP Media Launch Reception $ 5,000
'Projected Revenue Generation: $6,000
*In -Kind Sponsorships: Venue(s), Sysco Food Services, Restaurants, Chef Works
(Value: $20,000)
Total: $ 6,500
*In -kind Total: $20,000
MARKETING & PUBLIC RELATIONS PLAN DEVELOPMENT & EXECUTION
Execution of Marketing & Public Relations Services $ 42,000
Total: $ 42,000
$ 33,600
Total: $ 33,600
SPONSORSHIP DEVELOPMENT & SERVICING
Internal Marketing & Sponsorship Package Production
Development & Commissions $ 10,000
*Contingent Based on Incentive Bonus Plan on Cash Revenue
Total: $ 10,000
MISC. ADMINISTRATION & ACCOUNTING FEES
Accounting & Administration Services $ 3,500
Photography & Video $ 1,000
Postage & Supplies $ 1,250
Total: $ 5,750
TOTAL PROJECTED EXPENDITURES
$134,850
TOTAL PROJECTED INCOMING REVENUE
$135,000
TOTAL PROJECTED IN -KIND VALUE
$211,000
TOTAL CAMPAIGN BUDGET VALUE — CASH & IN -KIND
$345,850
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