Update Regarding the City's Destination Marketing Plan 03-04-14.pdf

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    To:From:Subject:

    CITY OF CARMEL-BY-THE-SEACouncil Report

    March 4, 2014

    Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorReceive Update Regarding the City's Destination Marketing Plan andConsideration of Resolution(s) Authorizing the City Administrator toAdopt a Fiscal Year FY) 2013-2014 Professional Services ConsultingContract with Burghardt+Dore for Destination Marketing Services in anAmount Not to Exceed $180,000 and a Professional Services ConsultingContract with Richard Tavener for Community Services and EventCoordination in an Amount Not to Exceed $55,000.

    Recommendation s): Receive Update Regarding the City's Destination Marketing PlanAttachment I) and Adopt Resolution(s) Attachment II) Authorizing the

    City Administrator to Adopt a Fiscal Year FY) 2013-2014 ProfessionalServices Consulting Agreement with Burghardt+Dore for DestinationMarketing Services in an Amount Not to Exceed $180,000 AttachmentIll and a Professional Services Consulting Agreement with RichardTavener for Community Services Event Coordination in an Amount not toExceed $55,000 Attachment IV).

    Executive Summary: On August 6, 2013, the City Council received a report regarding the City'sDestination Marketing Plan. The Plan set forth various strategicmarketing priorities and performance measures that were based onresearch performed in the development of the Plan. During the meetingthe City's marketing partners: the City's own destination marketing effort(Burghardt+Dore}, the Chamber of Commerce, Hospitality ImprovementDistrict (HID}, the Monterey County Convention and Visitors Bureau(MCCVB), and the Sunset Cultural Center, provided an update on theirindividual efforts related to the Plan. Since that time the marketingpartners have continued to work toward the Plan's marketing priorities.Updates on their efforts are included in Attachment I. Some marketing2013 highlights include:

    Achieved 6 rating on Conde Nast Travelers listing.1

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    Travel & Leisure Magazine recently ranked Carmel-by-the-Sea asone of the world's best cities for romance ranking Carmel 3 rdplace head of Florence, Italy and just behind Paris and Venice.

    TOT growth over the previous year was approximately 10.85%. Expanded offers and packages. Expanded social media Pinterest, Twitter, and Google. Expanded Facebook and YouTube presence. Increased sales efforts and activities. Planned and executed a number of Meeting Planner Foundation

    Trips (FAM) that were hosted at various Carmel-by-the-Seaproperties collaborative effort involving hotels, inns,restaurants, and business patrons.

    Developed media kit. Sold 1,800 wine walk passports. Continued development, design, and branding of social media. Ad development and placement. Sunset Cultural Center performs scheduled mid-week and

    evenings. All 20+ Sunset Presents annual performances are scheduled

    during the off sea son, October through May.

    Marketing partners are currently focusing on 2014 activity goals tofurther the strategic marketing prior ities of the Plan.Burghardt+Dore provides destination marketing services for the City. Thecontract w ith this vendor was originally entered into in approximately2006 and a new contract was entered into each fiscal year thereafter.The costs of current fiscal year services were included in the Y 2013-14operating budget totaling $180,000. ttachment Ill is a ProfessionalServices Consulting Contract with Burghardt+Dore for current fiscal yearservices for approval. Because this service has not been out to bid since2006, staff intends to review the City's service requirements inconnection with the Destination Marketing Plan, redefine the scope ofwork and go to bid for the service. It is anticipated that a new contractwill be on the City Council agenda in June 2014 for approval.The City provides the following f inancial support for marketing effortsand other related expenses:

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    Burghardt+Dore- $180,000 Chamber of Commerce $40,000 Sunset Cultural Center $650,000 MCCVB $136,800

    In addition, the City budgets approximately $200,000 annually to supportcommunity events.In 2013 a position and funding was added to the City Administrator'sbudget for the purpose of expanding the City's current event focus tomore closely tie in to the strategic priority of increasing mid-week and,over-night visits and expanding the visitor base through integratedmarketing.A key focus of this effort is to increase events that are geared towardcultural and educational tourism. This type of tourism focuses ontraveling to locations for life enhancement activities and recreationalundertakings solely or partially for the purpose of learning and selfimprovement. It is a growing tourism market.The City Administrator is proposing that the vacant position be filled on acontract basis with Richard Tavener. This position will be charged withcoordinating events and marketing, expanding events when possible toencompass a cultural and educational component, coordinating with theCity's marketing partners and meeting the goals of the City's DestinationMarketing Plan, strategic marketing priorities of mid-week, multi nightand overnight visitors. Mr. Tavener is an experienced marketing,communications, education, and events professional . His media,education, and entertainment contracts will be an asset to the City'sevents planning and coordination and valuable in meeting the City'sstrategic marketing priorities. The contract does not exceed $55,000, isbudgeted and helps the City to control costs.

    Analysis/Discussion: The City's destination marketing plan reviewed by the City Council lastAugust set forth the following Strategic Marketing Priorities:1. Focus on mid-week and off-season overnight visitors.2. Expand visi tor base through integrated marketing.3. Create a brand buzz to compete with competitive set as outlined in

    the plan).4. Redirect potential Monterey Peninsula visitors to Carmel with

    targeted Internet media and coop media .

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    The plan also set forth the following performance managementindicators :

    Transient Occupancy Tax TOT) Retail Tax Website and social statistics Innkeeper statistics HID group bookings and PR statistics Brochure and visi tor guide fulfillment Annual accolades such as CN Traveler Compet itive set statistics (Smith Travel Research)- TBD

    Progress on achieving the strategic marketing priorities has been outlinedin this report and specific information is included in ttachment I.The plan is comprised of six marketing partners:

    Chamber of Commerce City Destinat ion Marketing Services Hospitality Improvement Distr ict (HID) Monterey County Convention and Visitors Bureau (MCCVB) Sunset Cultural Center City Community Events

    The City spends 356,800 annually to support marketing efforts plus650 ,000 contributed to Sunset Center. In addition, annually, the City

    budget includes funding for community services, event planning, logistics,and coordination.Burghardt+Dore has provided destination marketing services for the Citysince 2006. Staff is proposing that the Council authorize the City

    dministrator to enter into a professional services consulting contract forFY 2013-2014 in an amount not to exceed 180,000. The amount isbudgeted in the FY 2013-14 operating budget. Services provided underthis agreement include:

    Website and social media networks Expanding internet outreach Improving vista channel content Integrate marketing with other partners

    4

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    Fiscal Impact:Budgeted yes/no):Yes

    Participate in MCCV coop marketing Google AdWords Creating dynamic banner ads with animation and range of

    messages for rotation Creating ads Sending email blasts, etc. marketing the City

    In 2013 a position was added to the City Administrator's budget forproactive event planning, managing, marketing, and coordination of Cityevents. This position is intended to support the City's destinationmarketing strategic priorities by enhancing and expanding City events tofocus on cultural and educational tourism and attract multi night, mid-week stays. The position is currently vacant. The City is currently staffedwith one individual who handles logistics and issues permits for Cityevents. A single individual is not adequate to engage in proactivemarketing, leveraging and connecting events, and enhancing what theCity currently does with respect to events.ased on the average daily room rates in Carmel-by-the-Sea it is

    anticipated that focus on expanding City events for connections tocultural and educational tourism to promote mid-week and multi nightstays could generate approximately 1.1 million in revenue withadditional revenue generated by the use of local restaurants andbusinesses.

    Expanding the focus of City events to include cultural and educationaltourism is directly tied to the Destination Marketing Plans goals ofincreasing mid-week stays and expanding the visits and aligns with theother three strategic plan priorities.The City Administrator recommends entering into a professional servicescontract with Richard Tavener in an amount not to exceed 55,000 to fillthe vacant Event Coordinator position on a contract basis.

    Funding Source general fund, grant, state):General

    Previous CouncilAction/Decision History:

    August 2013 Council Received a Presentation of the City's Destination Marketing Plan5

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    Reviewed byCity AdministratorAsst. City Admin. DPublic Safety Dir D

    Attachments

    City Attorney DDirofCPB DLibrary Dir D

    Administrative Services DDir of Public vcs DOther D

    Attachment Destination Marketing Update 2013 Accomplishments)Attachment Burghardt+Dore and Richard Tavener ResolutionsAttachment l l Burghardt Dore- Professional Services Consulting ContractAttachment V Richard Tavener- Professional Services Consulting Contract

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    TT CHMENT

    The Chamber of Commerce

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    Visitor Center Statistics2013 Walk-in Visitors: 26,28528,6991ast year) Wine Walk Passports:

    18 Phone Calls: 6260 7022) Nights booked: 539 536) Weekly volunteers: 13 Volunteer hours: 2 11952)

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    Burghardt Dore

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    New Website EblastsLaunched December 2 13

    Expanded offers and packages Expanded things to do section Expanded events page Expanded itineraries New history of Carmel Timeline (The only one of its kind) New meetings microsite (Supp orts I D) Expanded press microsite (Supports HID) Expanded weddings microsite Expanded photo and video gallery New cultura l activities section Translation for more than 70 languages New eblast designs for visitors and businesses

    Expanded Social MediaLaunched December 2 13

    Added Pinterest, Twitter, and Google+ Expanded Facebook & YouTube Launching a acebook Sweepstakes from Mar-May 2014

    2013 14 ACCOMP

    HI Collateral PromoCompleted December 2 13

    Designed new business syste Designed new, branded givea Designed new trade show dis

    Internet CampaignLaunched January 2 13

    "Prospecting" banner ads tar "Retargeting" banner ads fol "Search" text ads are feature Leveraged MCCVB Coop bu

    Other Accommplishmen Website Seminar for Carmel Visitor Channel promotes C Acheived 6 rating on CN Tr Promote both 6 CN Travele Coordinate with HID and PR

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    Website Unique Visitors= 1219 463- 12-month Hotel Web Referrals= 99,552- 12-month Total Web Referrals = 147,144-Time on Site doubled with new site launch- Bounce Rate cut in half with new site launch

    Website Visitor Demographics-25-34-55-64-35-54- 65+-18-24

    = 25 .52% (Great future growth audience)= 19.31% (Great mid-week, off-season audience)= 17.50% (Solid bread-and-butter audience)=11.94% (Loyal year-round audience)= 9.42% (Great brand awareness audience)

    Em il List & Social Media Networks- Opt-In Email list- Facebook Likes-Twitter Followe rs- Pinterest

    = 27,017=3,943= 418= 16 Boards /145 Pins

    Y

    Top Website Pages123456

    HomepageExclusive Hotel InHotels Inns (DriveExclusive RestauranMaps DirectionsPhoto Gallery

    7 Events8 Things to Do9 Restaurants (Drives

    #10 Exclusive ShoppingAccolades

    36

    Most Romantic CityTravel Destination i

    Visitor Channel2.5 Million The :90-sechotel rooms on the Central C

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    Hospitality mprovement DistrictHID)

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    Hospitality Improvement District H ID)Destination Marketing Manager January- December 2013)Sa les Efforts and Activities:

    Leads- Generated 32 group leads2013: 1453 room nights2014: 914 room nights2015: 73 room nights2016: 1000 room nightsLeads by Market Segment:Corporate 16)Association- National 5)

    Association- State 1)SMERF 7)Incentive 1)FIT 2)Booked - 426 group room nights

    Tradeshows:MCCVB Co-ops 8): Of the eight tradeshows attending in conjunction with the MCCVB,seven shows specifically targeted pre-qualified corporate meeting planners.Silicon Va lley 48 planners)San Francisco 60 planners)Sacramento 53 planners)San Diego 32 planners)Los Angeles 30 planners)East Bay 14 planners)

    MPINCC Meeting Planners International Northern California Chapter): 115planners scanned at the MCCVB booth to inquire/get more information about thepeninsula.Carmel-by-the-Sea Hospitality Improvement District

    P. 0. Box 4444, Carmel, CA 93921831) 704-6316

    safarina@carmelca li fornia.org

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    All Things Meetings Silicon Valley: 226 pre-qualified meeting corporate meetingplanners attended. Three planners from this event attended the November meetingplanner familiarization (FAM) trip.Meetings and Incentives West Coast Forum: Pre-qualified appointment show targetedat incentive market meeting planners. 27 confirmed appointments in two days.

    This event yielded immediate ROI as the organizers drove up to CBTS,stayed sited La Playa Carmel Monterey Conference Center as a potentialopportunity for their future West Coast Forum (2016).This event also generated a lead for L'Auberge Carmel for a Women's Group.Dates: February 5 2014, with 3 days pre/post guaranteed. Program datesfall over AT T Pro-Am Golf Tournament. Hotel unable to accommodate dueto repeat guest commitments. Consideration of other properties not an option.

    CaiSAE Seasonal Spectacular: 250 state association planners attended this event.Connected with 35 planners at the Carmel-by-the-Sea/La Playa Carmel booth andseveral others at the networking events.2013 Successes

    Hosted all the March 2013 MCCVB Client Advisory Board meetings and F Bevents in Carmel-by-the-Sea. While the cl ients were housed at the CarmelMission Inn due to room availability, all the meetings were held at the SunsetCultural Center, F B was contracted with Carmel Bistro Beaujolais anddinners at Anton Michel and Grasing's Restaurant. Collaborated withCharlie Spiegel at MCCVB and Nancy Morrell Swanson (President, GlobalMarketing Services, Inc.) to showcase what Carmel-by-the-Sea has to offer togroups. Additionally, we (Christine Sandin, Executive Director at SunsetCultural Center; Carrie Theis, General Manager of Hofsas House Presidentof the Carmel Innkeepers Association and I, Destination Marketing Manager)were invited to be a part of the agenda and present to the Client AdvisoryMembers the HID objectives and goals. They, in turn provided honest andinvaluable feedback as what they considered starting points to becomesuccessful in our endeavor.Planned and executed two (2) Meeting Planner Familiarization trips (FAM)(March 2013 and November 2013) that were hosted at various Carmel-bythe-Sea properties and focused on the diverse housing options, availablemeeting space options and activities that we have to offer. The Fams havebeen a collaborative and relationship-driven effort involving our hotels, innsand their staff; Carmel-by-the-Sea restaurant and business partners ;transportation partners and vendor partners who have all provided greatsupport with their product knowledge, enthusiasm and at s ignificantlyreduced or no costs to the HID.

    Carmel-by-the-Sea Hospitality Improvement DistrictP. 0 . Box 4444 Carmel, CA 93921

    831) 704-6316safarina@carmelcali forn ia .org

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    2013 SuccessesContinued)

    PR

    Launched the more robust website featuring all the inns in Carmel-by-the-Seawith more content and vivid photos. (Burghardt-Dore)More visibility for Carmel-by-the-Sea as evidenced by Conde Nast awardingCarmel-by-the-Sea 61h place Top Cities in the USCarmel-by-the-Sea TOT revenue grew by 9% (LYOY). Monterey by 6 .

    Media kit components have been developed or refined (13 pieces) Hosted two Fams and individuals in 2013; extended invitations for Spring and Fall tamsin 2014 (12 media visited Carmel-by-the-Sea in Q4 2013) Met and created relationships with various hotel, restaurant and attraction partners Issued seven news releases:o HPR Affiliation with Carmelo Carmel Meetingso Picnic Spots and Packageso Conde Nast Top 10o Hiking Packages

    o Midweek Rateso Hot January Deals Garnered $250,000 in media coverage Responded regularly to media inquiries and facilitated outreach based on media leadsreceived Managed and posted social media content on HPR's portals and City of Carmel-web site Conducted two social media workshops Conde Nast Traveler Award Travel + Leisure Magazine Award

    14 Goals & Market StrategiesAttending 12 industry related trade showsWill host two (2) meeting planner familiarization trips (Spring and Fall)Will host two (2) travel media familiarization trips (Spring and Fall)Purchasing contact and customer management software for HID that willserve as a database for contacts; sales tools for prospecting and facilitatetracking and activity reportsTargeting international visitors with specific emphasis on China and Brazilthey travel during the winter months November- February)(Collaborating with Visit California, MCCVB and Trade Missions in California)Continue to focus on primary drive markets (Sacramento, San Francisco,Silicon Valley) and direct flight markets (Los Angeles and San Diego)

    Carmel-by-the-Sea Hospitality Improvement DistrictP. 0. Box 4444, Carmel, CA 93921

    831) 704-6316safa rina@carmel ca lifornia.org

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    Increased focus on secondary drive markets Central Valley, San LuisObispo, Paso Robles)Increased visibility on social media City website, Linkedln , Facebook andPinterest).

    Carmel-by-the-Sea Hospitality Improvement Distric tP. 0 Box 4444, Carmel, C 93921

    831) 704-6316safarina@carmelca lifo rnia.o rg

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    Monterey County Convention andVisitors ureau

    MCCVB)

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    RankI Napa2. Monterey 112.23 7.03. Santa Barbara 110.59 8.0%4. Sonoma 91.45 14.6%5. PalmSprings 5.5%6. LakeTahoe

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    MONTEREY City of Carmel-by-the-Sea I Second Quarter ReporYear to Date ScorecardNew Group Business LeadsEarned Media Equivalency

    15 .$5,592,754*

    In the NewsHoliday Travell 01 with Amy Goodman :

    *These numbers include Carmel and Carmel Valley.Aubergine, Carmel Wine Walk by-the-Sea and LaPlaya Carmel were featured in this broadcastsegment that totaled 844 airings, yielding162 ,683,137 impressions and an ad value of$3,582,549. The segments were broadcasted tokey feeder markets, including Seattle, LosAngeles, San Francisco, Phoenix, Las Vegas andDenver.

    SeeMonterey.com Unique Visitors:City of Carmel webpageCarmel Beach webpageCarmel Wine Tasting webpageTOT Revenue% of TOT growth over previous YTD

    ' 5c 4$3$21

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    unset ultural enter

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    ArtJ . (ulrurt:I oll lN Il Unlon

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    CITY OF CARMEL-BY-THE-SEACITY COUNCILRESOLUTION 2014-

    ATTACHMENT II

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAAUTHORIZING THE CITY ADMINISTRATOR TO ADOPT A FISCAL YEAR FY)2013-14 PROFESSIONAL SERVICES CONSULTING AGREEMENT WITHBRUGHARDT+DORE F RDESTINATION MARKETING SERVICES IN ANAMOUNT NOT TO EXCEED 180,000

    WHEREAS, Burghardt+Dore provides destination marketing services for the City; andWHEREAS, the contract with Burghardt+Dore was originally entered into in

    approximately 2006 and a new contract was entered into each fiscal year thereafter; andWHEREAS, this service has not been out to bid since 2006 , staff intends to review the

    City s service requirements in connection with the destination marketing plan, redefine the scopeof work and go to bid for the service; and

    WHEREAS, Staff is proposing that the Council authorize the City Administrator to enterinto a professional services consulting contract for FY 2013-2014.

    NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL O THE CITY OFCARMEL-BY-THE-SEA does hereby:Authorize the City Administrator to Adopt a Fiscal Year (FY) 2013-14 Professional ServicesConsulting Agreement with Burghardt+Dore for Destination Marketing Services in an Amountnot to Exceed 180,000.PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 41h day of March 2014 by the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

    ATTEST:

    Daryl A Betancur, CMCDeputy City Clerk

    SIGNED,

    Jason Burnett, MAYOR

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    ATTACHMENT IICITY OF CARMEL-BY-THE-SEACITY COUNCIL

    RESOLUTION 2014-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A PROFESSIONALSERVICES AGREEMENT WITH RICHARD T VENER FOR DESTINATIONMARKETING COMMUNITY SERVICES EVENT COORDINATION IN AN AMOUNTNOT TO EXCEED 55,000

    WHEREAS, the City Administrator is proposing that an existing, vacant position efilled on a contract basis with Richard Tavener; andWHEREAS, this position will be charged with coordinating events and marketing;

    expanding events when possible to encompass a cultural and educational tourism component,coordinating with the City's marketing partners and meeting the goals of the City's DestinationMarketing Plan, strategic marketing priorities of mid-week, multi-night overnight visitors; andWHEREAS, Mr. Tavener is an experienced marketing, communications, education, andevents professional. His media, education, and entertainment contracts will be an asset to theCity's events planning and coordination and valuable in achieving the City 's strategic marketingpriorities; andWHEREAS, The City Administrator recommends entering into a professional servicescontract with Richard Tavener to fill the vacant Event Coordinator position on a contract basisNOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA does hereby:Authorize the City Administrator to Enter into a Professional Services ConsultingAgreement with Richard Tavener for Destination Marketing Community Services EventCoordination in an Amount not to Exceed 55,000.PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMELBY-THE-SEA this 41h day of March 2014 by the following roll call vote:AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCILMEMBERS:

    [THIS SPACE INTENTIONALLY LEFT BLANK]1

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    ATTEST:

    Daryl A. Betancur CMCDeputy City Clerk

    SIGNED

    Jason Burnett M YOR

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    Attachment IIIADM-PCS-Burgh-013-13-14

    CONTRACT FOR PROFESSIONAL CONSULTING SERVICES

    THIS CONTRACT is executed this day of 2014, by and between theCITY OF CARMEL-BY-THE-SEA, hereinafter referred to as CITY'' and Jeff Burghart,hereinafter called CONSULTANT''.

    IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope ofservices under this Contract the services set forth in Exhibit .A:' attached hereto andincorporated herein by this reference.2. Timely Work. CONSULTANT shall perform all duties incidental ornecessary in a timely fashion; and shall be performed diligently, competently, and inaccordance with professional standards of performance. Failure to so perform is hereby

    deemed a material breach of this Contract, and CITY may terminate this Contract with nofurther liability hereunder City may agree in writing with CONSULTANT to an extensionof time. t is expressly agreed and understood that CONSULTANT shall not be heldresponsible for delays occasioned by factors beyond their control, nor by factors that couldnot reasonably have been foreseen at the time of execution of this CONTRACT.

    3. Term. The work under this Contract shall commenced July 1 2013 , andshall terminate on June 30, 2014. The parties may agree to extend or amend this Contractprior to its expiration.

    4. Compensation. CITY shall pay CONSULTANT in an amount not toexceed $180,000, in accordance with this Contract for fiscal year 2013-14 (contract termJuly 1 2013 through June 30, 2014).

    Compensation under this Contract shall become due and payable thirty (30)days after CITY's approval of CONSULTANT'S submission of monthly written invoices.Written invoices shall clearly itemize each charge. The payment of any compensation toCONSULTANT hereunder shall be contingent upon performance of the terms andconditions of this Contract to the satisfaction of the City Administrator

    f the City Administrator determines that the work set forth n the writteninvoice has not been performed in accordance with the terms of this Contract, CITY shallnot be responsible for payment until such time as the work has been satisfactorilyperformed.

    5. Additional Services. In the event that CITY should request additionalservices not covered by the terms of this Contract, said services will be provided byCONSULTANT and paid for by CITY only after a fee for said services has been agreed uponbetween CONSULTANT and City Administrator and the City Administrator provideswritten authorization for the additional work.

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    6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY orits agents or employees with regard to services as set forth herein as may be required byCity Administrator to insure timely and adequate performance of this Contract.

    7. Indemnification. CONSULTANT hereby agrees to the followingindemnification clause:To the fullest extent permitted by law (including, without limitation,California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legalcounsel reasonably acceptable to designated agents, departments, officials, representatives,

    and employees (collectively Indemnitees ) from and against claims, loss, cost, damage,injury expense and liability (including incidental and consequential damages, court costs,reasonable attorneys fees, litigation expenses and fees of expert consultants or expertwitnesses incurred in connection therewith and costs of investigation) to the extent theyarise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct ofCONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,or anyone that they control (collectively Liabilities ). Such obligations to defend, holdharmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilitiesare caused in part by the negligence, or willful misconduct of such Indemnitee.

    Notwithstanding the provisions of the above paragraph, CONSULTANTagrees to indemnify and hold harmless CITY from and against any and all claims, demands,defense costs, liability, expense, or damages arising out of or in connection with damage toor loss of any property belonging to CONSULTANT or CONSULTANT'S employees,contractors, representatives, patrons, guests or invitees.CONSULTANT further agrees to indemnify CITY for damage to or loss ofCITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out ofCONSULTANT'S negligent performance of the work associated with this Contract or to theproportionate extent they arise out of any negligent act or omission of CONSULTANT or any

    of CONSULTANT'S employees, agents, contractors, representatives , patrons, guests orinvitees; excepting such damage or loss arising out of the negligence of CITY.8. Insurance. CONSULTANT shall submit and maintain in full forceinsurance as described herein. Without altering or limiting CONSULTANT'S duty toindemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, apolicy or policies of insurance with the following minimum limits of liability:

    Commercial general liability insurance including but not limited to premises,personal injuries, bodily injuries, products, and completed operations, with a combinedsingle limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.Professional Liability Insurance CONSULTANT shall maintain in effectthroughout the term of this Contract professional liability insurance with limits of not less

    than $1,000,000 per claim and $2,000,000 in the aggregate. CONSULTANT will eithermaintain or cause to be maintained professional liability coverage in full force or obtainextended reporting (tail) coverage (with the same liability limits) for at least three 3) yearsfollowing CITY'S acceptance of work.

    - 2 -

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    Workers' Compensation Insurance f CONSULTANT employs others in theperformance of this Contract, CONSULTANT shall maintain workers' compensationinsurance in accordance with California Labor Code section 3700 and with a minimum of$100,000 per occurrence for employers' liability.

    Other Insurance RequirementsA. All insurance required under this Contract must be written by an

    insurance company either:1) admitted to do business in California with a current A.M. Bestrating of no less that AVI

    or2 an insurance company with a current A.M. Best rating of noless that A=VIIException may be made for the State Compensation Insurance Fundwhen not specifically rated.

    B. Each insurance policy required by this Contract shall be endorsed tostate that CITY shall be given notice in writing at least thirty (30)days in advance of any cancellation thereof, except CITY shall begiven TEN (10) days notice for nonpayment of the premium.

    C. The general liability and auto policies shall:1 Provide an endorsement naming CITY, its officers, officials,and employees as additional insureds under an ISO CG 20 10 07 04 orISO 20 37 07 04 or their equivalent.2 Provide that such insurance is primary and non-contributinginsurance to any insurance or self-insurance maintained by CITY.3) Contain a Separation of Insureds provision substantiallyequivalent to that used in the ISO form CG 00 01 10 01 or theirequivalent.4) Provide for a waiver of any subrogation rights against CITY viaan ISO CG 24 0110 93 or its equivale nt.

    D. Prior to the start of work under this Contract CONSULTANT shallfile certificates of insurance and endorsements evidencing thecoverage required by this Contract with the City Administrator.CONSULTANT shall file a new or amended certificate of insurancepromptly after any change is made in any insurance policy whichwould alter the information on the certificate then on file_

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    E Neither the insurance requirements hereunder nor acceptance orapproval of CONSULTANT S insurance, nor whether any claims arecovered under any insurance, shall in any way modify or changeCONSULTANT S obligations under the indemnification clause in thisContract, which shall continue in full force and effect.Notwithstanding the insurance requirements contained herein,CONSULTANT is fmancially liable for its indemnity obligationsunder this Contract.

    F. Any deductible or self-insured retentions must be declared to andapproved by CITY. At the option of CITY either: the insured shallreduce or eliminate such deductibles or self-insured retentions asrespects CITY, its officers, officials, employees, and volunteers; orCONSULTANT shall provide a financial guarantee satisfactory toCITY guaranteeing payment of losses and related investigations,claim administration, and defense expenses.9. Ownership of Work. Upon completion of the work under this Contract,

    ownership and title to all materials and deliverables produced as part of this Contract willautomatically be vested in CITY and no further contract will be necessary to transferownership to CITY.10. Licensing. CONSULTANT represents that it is properly licensed to perform

    the work specified under this Contract, including but not limited to, possession of a currentcity business license.11. Termination. This Contract may be terminated by either party upon

    thirty (30) calendar days written notice to the other party. In the event of such termination,CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to thedate of receipt of notice of termination. n itemized statement of the work performed to thedate of termination shall be submitted to CITY. In ascertaining the services actuallyrendered hereunder up to the date of termination of this Contract, consideration shall begiven to both completed work and work in process of completion, and to complete andincomplete drawings and other documents whether delivered to CITY or in the possession ofthe CONSULTANT.

    12. Agency. In performing the services specified under this Contract,CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent oremployee of CITY.13. Authority of the City Administrator. CONSULTANT shall perform allnecessary services provided under this Contract and outlined in the proposal and shall do

    perform, and carry out said work in a satisfactory and proper manner as determined by andto the satisfaction of the City Administrator. The City Administrator reserves the right tomake changes, additions or deletions, to the scope of work as deemed necessary or advisableto implement and carry out the purposes of this Contract. The City Administrator isauthorized to execute change orders.

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    14. Responsibility of Consultant. By executing this CONSULTANT representsand state to CITY that he/she possesses, or will arrange to secure from others, all necessaryprofessional capabilities, experience, resources and facilities necessary to provide to city theservices contemplated under this Contract. CONSULTANT further warrants that he/shewill follow the current generally accepted practices of the profession to make findings,render opinions, prepare factual presentations, and provide professional advice andrecommendations regarding the project for which services are rendered under this Contract.

    15. Materials and Equipment. CONSULTANT shall furnish at his/her ownexpense, all materials and equipment necessary to carry out the terms of this Contract.16. Digi tal Files. CONSULTANT shall furnish copies of all deliverables oncompact disks (for example, final report) in digital format. Files shall be compatible with the

    current versions used by PC computers.17. Audit Authority. CONSULTANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under thisContract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY s

    auditor shall be afforded access to CONSULTANT s records, books, correspondence andother data relating to this Contract. CONSULTANT shall preserve these records , books,correspondence and other data relating to this Contract for a period of four 4) years afterfinal payment or for such longer period as may be required by law. In addition,CONSULTANT agrees to make said records, books, correspondence and other data relatingto this Contract available to CITY at CITY s principle place of business upon seventy-two(72) hours advance written notice. The City Administrator, or his or her designee, shall at alltimes have the right to inspect the work, services, or materials. CONSULTANT shallfurnish all reasonable aid and assistance required by CITY for the proper examination of thework or services and ll parts thereof. Such inspection shall not relieve CONSULTANT formany obligation to perform said work or se rvices strictly in accordance with the specificationsof any modifications thereof and in compliance with the law.

    18. Notices. All notices herein provided to be given, or which may be given byeither party to the other shall be considered fully received when made in writing anddeposited in the United States mail, certified and postage prepaid, and addressed to therespective parties as follows:

    CITY:

    CONSULTANT:

    City AdministratorCity of Carmel-By-The-SeaP.O. Box CCCarmel-By-The-Sea, CA 93921Jeff BurghartBurghart+DarePO Box 223491Carmel, CA 93922

    19. Entire Contract. This Contract constitutes the enti re contract betweenthe parties hereto and supersedes any and all prior contracts, whether oral or written,

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    relating to the subject matter thereof. Any modification of this Contract will be effectiveonly if it is in writing signed by both parties hereto.20. Validity. f any provision in this Contract is held by a court of competentjurisdiction to be invalid, void or unenforceable, the remaining provisions will continue infull force without being impaired or invalidated in any way.21. Assignment of Interest. The duties under this Contract shall not beassignable, delegable, or transferable without the prior written consent of CITY. Any such

    purported assignment, delegation, or transfer shall constitute a material breach of thisContract upon which CITY may terminate this Contract and be entitled to damages.

    22. Conflict of Interest. CONSULTANT shall at all time avoid conflicts ofinterest, or the appearance of conflicts of interest, in the performance of this Contract.CONSULTANT shall file statements of financial interest on forms provided by CITY to theextent and at the times required by CITY S Conflict of Interest Code and applicable law.

    During the term of this Contract CONSULTANT shall not directly orindirectly, either as a partner, employer, employee, consultant, principal, and agent or inany individual or representative capacity, engage or participate in any business orvoluntary activity on behalf of any other party on any property located within the City ofCarmel-By-The-Sea without notification to City Administrator.

    23 Non-discrimination/Mfrrmative Action. CONSULTANT will notdiscriminate against any employee or applicant for employment because of race, creed,color, sex, age, national origin, marital status, physical or other motor handicap, unlessbased upon bonafide occupational disqualification.

    CONSULTANT will take affirmative action to ensure that applicants areemployed and that employees are treated during employment without regard to their race,creed, color, sex, age, national origin, marital status, physical or other motor handicap.24. Counterparts. This Contract may be executed in multiple originals, eachof which is deemed to be an original, and may be signed in counterparts.

    25. Laws. CONSULTANT agrees that in the performance of this Contract itwill reasonably comply with all applicable state, federal and local laws and regulations.This Contract shall be governed by and construed in accordance with the laws of the Stateof California and the City of Carmel-ByTheSea.

    26. Attorneys Fees and Court Venue. Should either party to this Contractbring legal action against the other, (formal judicial proceeding, mediation or arbitration),the case shall be handled in Monterey County, California, and the party prevailing in suchaction shall be entitled to a reasonable attorney s fee which shall be fixed by the judge,mediator or arbitrator hearing the case and such fee shall be included in the judgment,together with all costs.

    27. Severability. f any term of this Contract is held invalid by a court ofcompetent jurisdiction, the remainder of this Cont ract shall remain in effect.- 6 -

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    N WITNESS WHEREOF this Contract is entered into by the parties hereto inCarmel California on the day and year first written above.

    CITY OF CARMEL-BY-THE-SEABy:Its:CONSULTANTBy:Its:

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    Attachment VADM PCS RT CE 012 13 14

    CONTRACT FOR PROFESSIONAL CONSULTING SERVICES

    THIS CONTRACT is executed this day of 2014, by and between theCITY OF CARMEL-BY-THE-SEA, hereinafter referred to as CITY and Richard Tavener,hereinafter called CONSULTANT .

    IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope ofservices under this Contract the services set forth in Exhibit A attached hereto andincorporated herein by this reference.2. Timely Work. CONSULTANT shall perform all duties incidental ornecessary in a timely fashion; and shall be performed diligently, competently, and inaccordance with professional standards of performance. Failure to so perform is hereby

    deemed a material breach of this Contract, and CITY may terminate this Contract with nofurther liability hereunder City may agree in writing with CONSULTANT to an extensionof time. t is expressly agreed and understood that CONSULTANT shall not be heldresponsible for delays occasioned by factors beyond their control, nor by factors that couldnot reasonably have been foreseen at the time of execution of this CONTRACT.

    3. Term. The work under this Contract shall commence March 5, 2014,March 1, 2015. The parties may agree to extend or amend this Contract prior to itsexpiration.4. Compensation. CITY shall pay CONSULTANT in an amount not toexceed $55,000, in accordance with this Contract.

    Compensation under this Contract shall become due and payable thirty (30)days after CITY's approval of CONSULTANT'S submission of monthly written invoices, thefirst monthly invoice to be s ubmitted upon signing of this agreement. Written invoices shallclearly itemize each charge. The payment of any compensation to CONSULTANThereunder shall be contingent upon performance of the terms and conditions of thisContract to the satisfaction of the City Administrator.

    If the City Administrator determines that the work set forth in the writteninvoice has not been performed in accordance with the terms of this Contract, CITY shallnot be responsible for payment until such time as the work has been satisfactorilyperformed.

    5. Additional Services. In the event that CITY should request additionalservices not covered by the terms of this Contract, said services will be provided byCONSULTANT and paid for by CITY only after a fee for said services has been agreed uponbetween CONSULTANT and City Administrator and the City Administrator provideswritten authorization for the additional work.

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    6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY orits agents or employees with regard to services as set forth herein as may be required byCity Administrator to insure timely and adequate performance of this Contract.

    7. Indemnification. CONSULTANT hereby agrees to the followingindemnification clause:To the fullest extent permitted by law (including, without limitation,California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legalcounsel reasonably acceptable to designated agents, departments, officials, representatives,

    and employees (collectively Indemnitees ) from and against claims, loss, cost, damage,injury expense and liability (including incidental and consequential damages, court costs,reasonable attorneys fees, litigation expenses and fees of expert consultants or expertwitnesses incurred in connection therewith and costs of investigation) to the extent theyarise out of pertain to, or relate to, the negligence, recklessness, or willful misconduct ofCONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,or anyone that they control (collectively Liabilities ). Such obligations to defend, holdharmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilitiesare caused in part by the negligence, or willful misconduct of such Indemnitee.

    Notwithstanding the provisions of the above paragraph, CONSULTANTagrees to indemnify and hold harmless CITY from and against any and all claims, demands,defense costs, liability, expense, or damages arising out of or in connection with damage toor loss of any property belonging to CONSULTANT or CONSULTANT'S employees,contractors, representatives, patrons, guests or invitees.

    CONSULTANT further agrees to indemnify CITY for damage to or loss ofCITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out ofCONSULTANT'S negligent performance of the work associa ted with this Contract or to theproportionate extent they arise out of any negligent act or omission of CONSULTANT or anyof CONSULTANT'S employees, agents, contractors, representatives, patrons, guests orinvitees; excepting such damage or loss arising out of the negligence of CITY.

    8. Insurance. CONSULTANT shall submit and maintain in full forceinsurance as described herein. Without altering or limiting CONSULTANT'S duty toindemnify, CONSULTANT shall maintain n effect throughout the term of this Contract, apolicy or policies of insurance with the following minimum limits of liability:

    Commercial general liability insurance including but not limited to premises,personal injuries, bodily injuries, products, and completed operations, with a combinedsingle limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.Workers' Compensation Insurance f CONSULTANT employs others in theperformance of this Contract, CONSULTANT shall maintain workers' compensation

    insurance in accordance with California Labor Code section 3700 and with a minimum of$100,000 per occurrence for employers' liability.

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    Other Insurance RequirementsA. All insurance required under this Contract must be written by an

    insurance company either:1 admitted to do business in California with a current A.M. Bestrating of no less that A:VI;

    or2 an insurance company with a current A.M. Best rating of noless that A:VIIException may be made for the State Compensation Insurance Fundwhen not specifically rated.

    B Each insurance policy required by this Contract shall be endorsed tostate that CITY shall be given notice in writing at least thirty (30)days in advance of any cancellation thereof, except CITY shall begiven TEN (10) days notice for nonpayment of the premium.

    C. The general liability and auto policies shall:1 Provide an endorsement naming CITY, its officers, officials,and employees a s additional insureds under an ISO CG 20 10 07 04 orISO 20 37 07 04 or their equivalent.2) Provide that such insurance is primary and non-contributinginsurance to any insurance or self-insurance maintained by CITY.3 Contain a Separation of Insureds provision substantiallyequivalent to that used in the ISO form CG 00 01 10 01 or theirequivalent.4) Provide for a waiver of any subrogation rights against CITY viaan ISO CG 24 0110 93 or its equivalent.

    D. Prior to the start of work under this Contract CONSULTANT shallfile certificates of insurance and endorsements evidencing thecoverage required by this Contract with the City Administrator.CONSULTANT shall file a new or amended certificate of insurancepromptly after any change is made in any insurance policy whichwould alter the information on the certificate then on file.

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    E. Neither the insurance requirements hereunder, nor acceptance orapproval of CONSULTANT S insurance, nor whether any claims arecovered under any insurance, shall in any way modify or changeCONSULTANT S obligations under the indemnification clause in thisContract, which shall continue in full force and effect.Notwithstanding the insurance requirements contained herein,CONSULTANT is financially liable for its indemnity obligationsunder this Contract.

    F . Any deductible or self-insured retentions must be declared to andapproved by CITY. At the option of CITY either: the insured shallreduce or eliminate such deductibles or self-insured retentions asrespects CITY, its officers, officials, employees, and volunteers; orCONSULTANT shall provide a financial guarantee satisfactory toCITY guaranteeing payment of losses and related investigations,claim administration, and defense expenses.

    9. Licensing. CONSULTANT represents that it is properly licensed to performthe work specified under this Contract, including but not limited to, possession of a currentcity business license.

    10. Termination. This Contract may be terminated by either party uponthirty 30) calendar days written notice to the other party. In the event of such termination,CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to thedate of receipt of notice of termination An itemized statement of the work performed to thedate of termination shall be submitted to CITY. In ascertaining the services actuallyrendered hereunder up to the date of termination of this Contract, consideration shall begiven to both completed work and work in process of completion, and to complete andincomplete drawings and other documents whether delivered to CITY or in the possession ofthe CONSULTANT.

    11. Agency. In performing the services specified under this Contract,CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent oremployee of CITY.12. Authority of the City Administrator. CONSULTANT shall perform allnecessary services provided under th is Contract and outlined in the proposal and shall do,perform, and carry out said work in a satisfactory and proper manner as determined by andto the satisfaction of the City Administrator. The City Administrator reserves the right tomake changes, additions or deletions, to the scope of work as deemed necessary or advisableto implement and carry out the purposes of this Contract. The City Administrator isauthorized to execute change orders.13. Responsibility of Consultant. By executing this CONSULTANT represents

    and state to CITY that he/she possesses, or will arrange to secure from others, all necessaryprofessional capabilities, experience, resources and facilities necessary to provide to city theservices contemplated under this Contract. CONSULTANT further warrants that he/shewill follow the current generally accepted practices of the profession to make findings,4

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    render opmwns, prepare factual presentations, and provide professional advice andrecommendations regarding the project for which services are rendered under this Contract.14. Materials and Equipment CONSULTANT shall furnish at his/her ownexpense, all materials and equipment necessary to carry out the terms of this Contract.15. Digital Files. CONSULTANT shall furnish copies of all deliverables oncompact disks (for example, final report) in digital format. Files shall be compatible with the

    current versions used by PC computers.16. Audit Authority. CONSULTANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under thisContract; the accounting and control systems shall be satisfactory to CITY. CITY and CITYs

    auditor shall be afforded access to CONSULTANT s records, books, correspondence andother data relating to this Contract CONSULTANT shall preserve these records, books,correspondence and other data relating to this Contract for a period of four 4) years afterfinal payment or for such longer period as may be required by law. In addition,CONSULTANT agrees to make said records, books, correspondence and other data relatingto this Contract available to CITY at CITY s principle place of business upon seventy-two(72) hours advance written notice. The City Administrator, or his or her designee, shall at alltimes have the right to inspect the work, services, or materials. CONSULTANT shallfurnish all reasonable aid and assistance required by CITY for the proper examination of thework or services and all parts thereof. Such inspection shall not relieve CONSULTANT formany obligation to perform said work or services strictly in accordance with the specificationsof any modifications thereof and in compliance with the law.

    17. Notices. All notices herein provided to be given, or which may be given byeither party to the other, shall be considered fully received when made in writing anddeposited in the United States mail, certified and postage prepaid, and addressed to therespective parties as follows:

    CITY:

    CONSULTANT=

    18. Entire Contract.

    City AdministratorCity of Carmel-By-The-SeaP.O. Box CCCarmelByTheSea, CA 93921Richard TavenerP.O. Box 1704Carmel Valley, CA 93924

    This Contract constitutes the entire contract betweenthe parties hereto and supersedes any and all prior contracts, whether oral or written,relating to the subject matter thereof. Any modification of this Contract will be effectiveonly if it is n writing signed by both parties hereto.

    19. Validity. f any provision in this Contract is held by a court of competentjurisdiction to be invalid, void or unenforceable , the remaining provisions will continue infull force without being impaired or invalidated in any way.- 5 -

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    20. Assignment of Interest. The duties under this Contract shall not beassignable, delegable, or transferable without the prior written consent of CITY. Any suchpurported assignment, delegation, or transfer shall constitute a material breach of thisContract upon which CITY may terminate this Contract and be entitled to damages.

    21. Conflict of Interest. CONSULTANT shall at all time avoid conflicts ofinterest, or the appearance of conflicts of interest, in the performance of this Contract.CONSULTANT shall file statements of financial interest on forms provided by CITY to theextent and at the times required by CITY S Conflict of Interest Code and applicable law.

    22. Nondiscrimination/Affrrmative Action. CONSULTANT will notdiscriminate against any employee or applicant for employment because of race, creed,color, sex, age, national origin, marital status, physical or other motor handicap, unlessbased upon bonafide occupational disqualification.

    CONSULTANT will take affirmative action to ensure that applicants areemployed and that employees are treated during employment without regard to their race,creed, color, sex, age, national origin, marital status, physical or other motor handicap.23. Counterparts. This Contract may be executed in multiple originals, eachof which is deemed to be an original, and may be signed in counterparts.24. Laws. CONSULTANT agrees that in the performance of this Contract itwill reasonably comply with all applicable state, federal and local laws and regulations.

    This Contract shall be governed by and construed in accordance with the laws of the Stateof California and the City of Carmel-By-The-Sea.

    25 . Attorneys Fees and Court Venue. Should either party to this Contractbring legal action against the other, (formal judicial proceeding, mediation or arbitration),the case shall be handled in Monterey County, California, and the party prevailing in suchaction shall be entitled to a reasonable attorney s fee which shall be fixed by the judge,mediator or arbitrator hearing the case and such fee shall be included in the judgment,together with all costs.

    26. Severability. f any term of this Contract is held invalid by a court ofcompetent jurisdiction, the remainder of this Contract shall remain in effect.

    IN WITNESS WHEREOF, this Contract is entered into by the parties hereto inCarmel, California, on the day and year first written above.

    CITY OF CARMEL-BY-THE-SEABy:Its:CONSULTANT

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    By:Its:

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    Exhibit A

    Consultant shall serve as the City's special events coordinator and liaison for planning,marketing and enhancing community events; aligning this work with the DestinationMarketing Plan's Strategic Marketing priorities through cultural and educational tourismincluding:

    Enhancing/Expanding the cultural and educational tourism aspects of City events withthe goal of increasing annual visitors to Carmel-by-the-Sea by 3,000 with corresponding,at least two-night, mid-week stays.

    Develop high quality cultural and education tourism packages tied to events to attractvisitors and mid-week, multi -night stays.

    Consultant will be responsible fo r : Planning, organizing, coordinating, promoting and facilitating the City's special events

    working with community partners and other required individuals and or groups. Scheduling, maintaining communication with speakers, vendors, and participants;

    coordinating and moni toring event timelines. Proposing new ideas to improve event planning. Conducting research, making site visits and f inding resources to facilitate decisions

    about event possibilities. Assist with preparing budgets and provide periodic progress reports for each event

    projects.Measured Outcomes:Transient Occupancy Tax TOT) Retail TaxRecognition for Carmel as the place for cultural and educational tourismExpand website event presence for cultural and educational tourism