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2016-17 JNS Media Specialists - Amendment 3 - Marketing ServicesAMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR PRINT AND MEDIA MARKETING SERVICES ("Amendment No. 2") is made and entered into as of the first day of July, 2016 ("Effective Date"), by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and JNS MEDIA SPECIALISTS ("JNS" or "Consultant"). RECITALS A. On or about July 1, 2014 the City and Consultant entered into that certain Professional Services Agreement for Print and Media Marketing Services ("Agreement"). The term of the original agreement expired June 30, 2015. B. Pursuant to Section 3.4, Term of the original Agreement, the City may extend the term of the agreement upon mutual agreement by both parties. C. On or about July 1, 2015 and 2016 the City and Consultant mutually agreed to amend the Professional Services Agreement for Print and Media Marketing Services ("Amendment No.s 1 & 2") extending the term of the original agreement and modifying Section 2.1, Contract Sum, Exhibit A, and Exhibit B. D. City and Consultant now wish to amend the Agreement to modify Section 2.1, Contract Sum, Section 3.4, Term, Exhibit A, and Exhibit B, to include the annual city marketing plan and to address the addition of marketing funds to be used strictly for promotion of the Art on Main Street event series ("AOMS") as identified during the July 5, 2016 City Council meeting. I_AuWl1]u1Q11 In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. SECTION 2.1 OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Fifty -Four Thousand Eight Hundred Twenty -Nine Dollars ($154,829) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2. SECTION 3.4, TERM, IS HEREBY AMENDED TO COMMENCE ON JULY 1, 2016 AND TERMINATE JUNE 30, 2017. 3. EXHIBIT A OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit A Scope of Services City of La Quinta Marketing Budget/Plan Consultant will develop a budget that includes a strategic media plan that will support local businesses and improve tourism to La Quinta. The plan will contain specific information on research, demographics, and how Consultant will plan, coordinate, oversee, and manage all print and electronic advertising/marketing efforts including, but not limited to media placement, recommendations, optimizations, reporting, and verifying insertion of approved media advertising. Marketing plan will include but not limited to Print, Television, Radio, etc. A portion of the marketing plan will be to support Shoulder Season Events, CVB Co-op opportunities, local co-op opportunities, local and regional messaging. Print and Electronic Consultant will research print media, television, and radio media to best reach predetermined target audience. Print Media will include regional publications such as Locale Magazine and local publications such as: The Desert Sun, Travel Host Magazine, Palm Springs Life, etc. Consultant will also develop an airport display in a high -traffic area to capture fly market tourists. Television will include: Time Warner Cable on such Networks for Women 35+ as Bravo, Lifetime, WE, A & E, Food, E, HGTV, Oxygen, Own, ABC Family. Networks for Men 35+ include: FOX News, CNN, MSNBC, ESPN, FOX Sports, AMC, FX, history, TNT, TBS. To reach the Millennial target group networks such as MTV, Animal Planet, Discovery, ESPN, FOX Sports, Spike, Game Show Network, Music Choice, Nick at Nite, SYFI). Radio will include CBS Radio in regional drive market and local market. This plan will include FREE Live Mentions talking about the many experiences tourists and valley residents will receive by visiting the Gem of the Desert "La Quinta." They will also promote Events through these live mentions. Building the Audience The goals of this campaign are as follows: 1) Coordinate with Graphtek Interactive to maintain the City of La Quinta's messaging. 2) Create awareness 3) Inspire Consumers to make a trip to La Quinta 4) Engage audiences that support the assets in La Quinta a) Outdoor Adventure (Hiking, Biking, etc.) b) Health and Wellness c) Arts & Culture d) Events Creative Consultant will develop creative compatible and consistent with online creative that depicts the essence of La Quinta. Creative will be designed to showcase the wide array of activities and experiences for residents and tourists. Creative will include the development of a new "Guide to La Quinta" promoting upcoming "Signature Events," Local events, Restaurants, Places of interest, Shopping, and other programs. Consultant will produce and distribute this brochure to hotels, visitor centers, etc. around the Coachella Valley. Monitoring & Reporting Consultant will implement a monitoring system and will provide a Monthly, Quarterly, and an Annual report showing the effectiveness of campaigns. Marketing Plan for AOMS Consultant will develop a Marketing Plan for Art on Main Street event during the 2016/17 season. The strategy behind the marketing plan will be to promote and encourage locals and visitors to attend the 8-series event in Old Town La Quinta. Consultant will research print and radio media to best reach predetermined target audience. Print Media will include regional publications such as the Desert Sun, Desert Entertainer, Canada South Magazine, Desert Art Scene, Travel Host, CV Weekly, La Quinta Gem. Radio will include select Alpha Media stations in the local market including a mix of Country, News/Talk, and Jazz stations. 4. EXHIBIT B OF THE AGREEMENT IS STRUCK IN ITS ENTIRETY AND AMENDED TO READ: Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is not to exceed One Hundred Fifty -Four Thousand Eight Hundred Twenty -Nine Dollars ($154,829) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced as by Consultant in conformance with Section 2.2 of the Agreement. 5. DEFINED TERMS. Except as defined in this Amendment No. 2, all capitalized words and phrases shall have the same meaning ascribed to them in the Agreement. 6. REMAINING TERMS AND CONDITIONS. Except as specifically amended by this Amendment No. 3, all terms and conditions in the Agreement shall remain in full force and effect. [signatures on next page] IN WITNESS WHEREOF, the City and JNS have executed this Amendment No. 2 to the Professional Services Agreement for Print and Media Marketing Services on the respective dates set forth below. CITY: CITY OF LA QUINTA a California municipal corporation Digital ly signed by Frank J. Spevacek DN: serial Number=g8z17znOv5Ow4d3x, c=US, st=California, I -La Quinta, o-Frank J. Spevacek, cn=Frank J. Spevacek Date: 2016.11.23 14:30:43-08'00' Frank J. Spevacek, City Manager Dated ATTEST: Digitally signed y Susan Maysels DN: cn=Susan Maysels, o=City of La Quinta, ou=Clerk's Office, email=smaysels@la-quinta.org, c=US Date: 2016.1 1.28 07:53:38-08'00' Susan Maysels, City Clerk APPROVED AS TO FORM: &,,,f �i 4. =- 4 k/. William H. Ihrke, City Attorney CONSULTANT: JNS Media Specialists By Dated Name Title JNS Media Specialists 78100 Main Street, Suite 201 La Quinta, CA 92253 53 IN WITNESS WHEREOF, the City and JNS have executed this Amendment No. 2 to the Professional Services Agreement for Print and Media Marketing Services on the respective dates set forth below. CITY: CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: JNS Media Specialists By Name �— v C� P `S;deo4 Title JNS Media Specialists 78100 Main Street, Suite 201 La Quinta, CA 92253 Dated a QOA Dated 53 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE 0722IY) 0722120162016 PRODUCER Ascend Insurance Agency 36917 Cook Street, Ste 101 Palm Desert, CA 92211 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED JNS Media Specialist Inc. 78-100 Main St La Quinta, CA 92253 INSURERA: Covington Specialty Insurance 13027 INSURERS: Ma fre Insurance Co. 23876 INSURERC: Sequoia Insurance Company 19755 INSURERD: Lloyds Insurance 32727 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDIPOLICY NUMBER POLICYEFFECTIYE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1000000 A COMMERCIALGENERAL LIABILITY CLAIMSMADE 26 OCCUR PREMBccu Eso� ree $100000 MED EXP (Any one Person) $ 10000 PERSONAL& ADV INJURY s excluded VBA358526 07/30/16 07/30/17 GENERALAGGREGATE s 2000000 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS -COMP1oPAGG s excluded POLICY PRO - FLOC ✓ AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Perperson) $ B ALLOWNEDAUTOS SCHEDULEDAUTOS 8004010003059 07/20/16 07/20/17 BODILY INJURY (Peraoadent) s HIRED AUTOS NON-OWNEDAUTOS I PROPERTY DAMAGE (Per accldent) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT 1 S OTHERTHAN EAACC $ ANYAUTO s AUTOONLY: AGG I EXCESSIUMBRELLALIABILITY OCCUR CLAIMS MADE EACHOCCURRENCE $ AGGREGATE 1 $ S Is DEDUCTIBLE s RETENTION s WORKERS COMPENSATION AND ✓ WC STATU• OTH- C EMPLOYERS' LIABILITYTt�YLIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? QWC1030111 07/08/16 07/08/17 E.L. EACH ACCIDENT _ $ 1000000 E.L. DISEASE • EA EMPLOYEE $ 1000000 It yes, describe Under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT s 1000000 OTHER D Professional ESE02196268 06/27/16 06/27/17 Each Occurene $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder The City of La Quinta, its directors, officials, officers, employees, agents and voluteers as additional insured. *10 Day Notcie of Cancellation for non-payment ofpremium* vI►Y Vr 1-0 %AUII Ita SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 78495 Calle Tampico DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN La Quinta, CA 92253 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Amon or I9nnunm 0ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUND 25 (2001IOB) POLICY NUMBER: VBA358526 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 78495 Calle Tampico La Quinta, CA 92253 Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 ©insurance Services Office, Inc., 2012 Page 1 of 1 ENDORSEMENT POLICY NO: QWC1030111 WAIVER OF SUBROGATION IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BECAUSE OF THE PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. NAME OF PERSON OR ORGANIZATION: City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 DATE: 08/16/2016 AUTHORIZED SIGNATURE: Dennis VanBuskirk POLICY NUMBER: 8004010003059 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: JNS Media Specialist Endorsement Effective Date: 07/20/2016 SCHEDULE Name Of Person(s) Or Organization(s): City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 T4ht 4ha w MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Marcie Graham, Marketing and Events Supervisor DATE: November 15, 2016 RE: JNS Media Specialists (JNS) Amendment No. 3. for Art on Main Street Event marketing services. Attached for your signature is the agreement with JNS for Art on Main Street Event marketing services. Please sign the attached agreement(s) and return it to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: _X_ Contract payments will be charged to account number: 101-3007-60461. _X_ Amount of Agreement, Amendment, Change Order, etc.: $20,000.00. N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: _X_ Approved by the City Council on July 19, 2016. N/A City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less N/A Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: _X_ Insurance certificates as required by the agreement (initialed by Risk Manager on date) N/A Performance bonds as required by the agreement (originals) _X_ City of La Quinta Business License No.LIC-0103845; Expires:08/31/2017 copy or note number and expiration date above N/A Purchase Order number City of La Quinta CITY COUNCIL MEETING: July 19, 2016 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA SPECIALISTS FOR ART ON MAIN STREET EVENT MARKETING SERVICES RECOMMENDATION Approve Amendment No. 3 to professional services agreement with JNS Media Specialists. EXECU I IVE SUMMARY On July 5, Council discussed findings from the recent Community Art Workshop and reviewed three proposals from organizations looking to continue an art series in the Village, including one from Old Town La Quinta (Old Town). Council directed staff to work with Old Town to further understand their proposal. Staff met with Old Town and both parties concluded that City should amend its current contract with JNS Media and commit up to $20,000 to market Art on Main Street (AOMS). FISCAL IMPACT Funds are available in the 2016/17 Marketing budget. The contract for JNS Media would increase from $134,829 to $154,829 for 2016/17. BACKGROUND/ANALYSIS City staff met with Old Town to discuss the City's role in sponsoring the AOMS program. AOMS will occur on the following dates: October 15, November 12 and 26, 2016 and January 21, February 4 and 18, March 18, and April 8, 2017. Old Town staff are committed to guidelines discussed by Council during the July 5, 2016 Study Session, which include: AOMS will occur at Old Town Maintain high level of quality Good of mix of artists Include a charitable component. Old Town staff has chosen Old Town Artisan Studio and La Quinta Historical Society as their non-profit partners for the 2016/17 season. They will manage all volunteers. 47 Both parties concluded that the City's role should entail event marketing. This can be accomplished by having the City contract directly with its current media specialist, JNS Media Specialists. These costs would be identified as AOMS expenses on all invoices. All creative marketing campaigns would be the responsibility of Old Town staff and JNS Media Specialists. Prepared by: Marcie Graham, Marketing & Events Supervisor Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 3 to the JNS Media Specialists Agreement 48