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HomeMy WebLinkAbout2013-11-05; City Council; 21399; Approval Agreement Business Consulting ServicesCITY OF CARLSBAD - AGENDA BILL 1 AB# 21,399 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DEVELOPMENT COUNSELLOR'S INTERNATIONAL FOR BUSINESS OUTREACH CONSULTING SERVICES DEPT. DIRECTOR ^S^d MTG. 11/5/13 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DEVELOPMENT COUNSELLOR'S INTERNATIONAL FOR BUSINESS OUTREACH CONSULTING SERVICES CITY ATTORNEY DEPT. CED APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DEVELOPMENT COUNSELLOR'S INTERNATIONAL FOR BUSINESS OUTREACH CONSULTING SERVICES CITY MANAGER /^fj!^ RECOMMENDED ACTION; That the City Council ADOPT City Council Resolution No. 2013-247 approving a professional services agreement with Development Counsellor's International for business outreach consulting services in an amount not to exceed $106,720. ITEM EXPLANATION: On July 18; 2013, the economic development staff released a Request for Proposals (RFP) for business outreach consulting services. The RFP solicited in-depth, technical expertise to further the Council's economic development goals of helping existing businesses grow and bringing new businesses to Carlsbad by developing a business outreach program. This program will increase the visibility and knowledge of Carlsbad among business leaders in our cluster industries and will increase awareness of Carlsbad's business environment regionally, nationally, and globally. Five proposals were received and ranked by a selection committee composed of city staff members and regional partners. Proposals were evaluated based on proposed services and methodology, overall response to request, best value, related experience of the firm and project team and client reference information. Based on these criteria the selection committee has chosen Development Counsellor's International (DCI) as the consultant to lead this effort. Their team has extensive experience in helping both municipalities and economic development organizations meet their strategic goals of brand identity. The city has negotiated a professional services agreement with DCI and is recommending approval of the attached agreement to initiate the business outreach consulting services. The scope of work includes: • Develop a strategic, public relations based business outreach plan to leverage earned media in target strategic and industry markets to promote Carlsbad as a world-class city in which to do business in Southern California. • Execute the strategic plan in a way that increases the city's visibility, specifically its business clusters, programs, activities, and quality of life. • Track business outreach achieved through targeted messaging. This agreement includes project deliverables, timelines and milestones including periodic reporting and presentations to the project team. It provides for a one year term. DEPARTMENT CONTACT: Christina Vincent, 760-602-2712, christina.vincent(5)carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED A. CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDF(AWN • OTHER-SEE MINUTES • AMENDED • Page 2 FISCAL IMPACT: DCI and the city have negotiated a budget not to exceed $106,720 to perform the consulting services outlined in the Professional Services Agreement. This amount includes $92,400 for consulting services and $14,320 for reimbursable expenses (travel, etc.). Economic development staff would manage the project on behalf of the city. During the FY 2013-14 budget process, City Council approved funding a business outreach program. Economic development has sufficient funds for this agreement. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Resolution No. 2013-247 2. Professional Services Agreement with Development Counsellor's International. 7^ 9 10 EXHIBIT 1 1 RESOLUTION NO. 2013-247 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT ^ WITH DEVELOPMENT COUNSELLOR'S INTERNATIONAL FOR 4 BUSINESS OUTREACH CONSULTING SERVICES. 5 WHEREAS, the City Council has established a strategic goal of implementing a ^ talent attraction program and developing a business outreach program to help existing 7 businesses grow and attract new businesses; and WHEREAS, the city requires technical and in-depth expertise in strategic economic development marketing on a nationwide scale that will showcase Carlsbad as a world 11 ciass employment hub with innovative industry leaders; and 12 WHEREAS, a request for proposals for professional services was issued on July 18, 2013 and a total of five (5) proposals were received; and WHEREAS, the selection committee reviewed all proposals and rated Development Counsellor's International as the top professional services provider because they were considered most experienced, had the greatest analytical capacity to complete the work 18 and presented an approach that best addressed city's goals and objectives; and 19 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows that: 21 1. The above recitations are true and correct 22 That the professional services agreement with Development Counsellor's 23 24 International is hereby approved. 25 3. That the City Manager is hereby authorized and directed to execute the professional services agreement with Development Counsellor's International for said business 27 13 14 15 16 17 outreach consulting services. 28 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the S^^ day of November, 2013, by the following vote to wit: 3 4 5 6 7 8 9 10 II 12 13 14 17 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ATTEST: 16 BARBARA ENGLESON, ^Clerk 18 ^Of 19 20 21 22 23 24 25 26 27 28 this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "B". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may City Attorney Approved Version 1/30/13 arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". lO-l Coveraoes and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. I I If box is checked. Professional Liability City's Initials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. City Attorney Approved Version 1/30/13 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11- BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv Name Christina Vincent Title Economic Development Mgr. Department CED For Contractor Name Andrew Levine Title President Address 215 Park Avenue South City of Carlsbad Address 1635 Faraday Ave. Carlsbad. CA 92008 New York, NY 10003 Phone No. 212-725-0707 Email Andy.levine@aboutdci.com Phone No. 760-602-2712 City Attorney Approved Version 1/30/13 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Cartsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19- DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for City Attorney Approved Version 1/30/13 work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to cnminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 1/30/13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Development Counsellor's International CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) / (sign here) Carolyn Nepo, CFO (print name/title) (print name/title) By: City Manager ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: istant City Attorney City Attorney Approved Version 1/30/13 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR Development Counsellor's International CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) Andrew Levine/President City Manager (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney ssistant City Attorney City Attorney Approved Version 1/30/13 UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) State of New York) County of Manhattan) ss.: On the 29th day of October in the year 2013 before me, the undersigned personally appeared Carolyn Nepo, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgment iiOZ 'SZ 'QQd 8M|dxa uo|8S|Uiiuo3 Aw AiunoQ suaano u| pauiieno 8l.69ZZ9Vlf«^0 ON )|J0A MON oieiS - oilQ^d AJ8)ON oaiNiouvw vNNvor UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) State of New York) County of Manhattan ) ss.: On the 24th day of October in the year 2013 before me, the undersigned, personally appeared Andrew Levine, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of individual taking acknowledgment CAROLYN NEPO NOTARY PUBLIC-STATE OF NEW YORK No. 01NE6n7340 Qualified In Nassau County My Commission Expires ^Jlfj Exhibit "A" Scope of Services 1) Putting a Strategic Marketing and Public Relations Plan in Place Discoverv Stage: 360-Deqree Assessment of Carlsbad DCI will take a 360" view of the city to determine the top assets and advantages your local business community and key partners think the city should be promoting; examine important background information and existing research; uncover outsiders' perceptions of the city, including how the media is portraying your community; analyze how you are presenting yourself through your outward-facing marketing material; and examine what marketing activities have been the most successful for your community to date. DCI would begin by taking an intensive look at your product within the context of best practices in economic development marketing across the country. The process includes 5 key activities: a) A Two-Day Immersion Tour: Spending time on the ground in Carisbad allows our team to get a sense of the community, meet with key economic development players and private sector employers, tour companies in your target industries, and meet with your local and regional team. In all, we would conduct 10-15 interviews, including phone interviews as needed. b) A Review of Existing Research: DCI conducts an examination of key Carlsbad background, including target industry and labor studies, your economic development strategy, the city's most recent business survey report, analyses of your competitor cities and regions, and any other relevant economic studies conducted previously. c) A Media Audit: DCI's "Winning Strategies" consistently finds that executives' perceptions of potential business locations are heavily influenced by news articles and rankings. With this in mind, DCI will: • Review Articles Prominently Mentioning Carlsbad in the Past 12 Months: DCI looks at key national stories to understand how the community is being portrayed and current perceptions of the city. • Review of Carlsbad's Rankings: Corporate decision makers and skilled professionals all indicate that a community's rankings are a major factor for them in deciding where to locate businesses and live. DCI will take a look at how Carisbad stacks up in top rankings. d) A Marketing Audit: DCI will conduct an in-depth review of how Carisbad portrays itself in the city's own marketing materials, providing ideas and feedback based on our knowledge of best practices in economic development marketing and findings from "Winning Strategies." • The Carlsbad Brand: A review of the city's brand, logo and tagline. • Marketing Collateral: Analysis of the city's marketing material, such as brochures, one-pagers, maps and industry sector overviews. • Carlsbad's Economic Development Web Presence: A well-organized, informative online presence is critical to business attraction, so DCI will examine City Attorney Approved Version 1/30/13 your website for SEO, content and the features site selectors say are most important. • Social Media Channels: DCI will assess Carisbad's social media presence, including Facebook, Twitter, Linkedin, YouTube, and other outlets, to ensure the city is making the most of these platforms. e) A Review of Marketing Events and Activities: To make recommendations for future marketing and media relations strategies, DCI will examine the city's past and present events and activities, including site selection outreach and relationship building and lead generation. Development Stage: Creating a Winning Marketing and Media Relations Plan Based on the findings and research from the Discovery Stage, we will use the insight and information gathered to develop and design the core elements of a marketing and media relations plan that will be provided to the City of Carisbad in a Power Point presentation to you and your key stakeholders, along with a supporting document outlining the plan. DCI will work with Carisbad to incorporate your feedback into the final presentation and document. The plan will include the following 4 deliverables: a) Story Ideas: DCI would determine 4-6 key themelines and story ideas for Carisbad's top industry sectors that will resonate most strongly with the media, including trade, regional, international and national media, making a compelling case for journalists to explore these stories and trends. The eariier interviews from the discovery stage with private sector business leaders and the company/city tours will play a pivotal role in developing these story ideas. b) Key Messages: Based on the research and background from the discovery phase, DCI will develop talking points for city leaders that support the key themelines. These key messages will reframe any real or perceived negative issues, such as the high cost of housing in the area and California's image as a place to do business, and will also incorporate proof points and background messaging from your key regional partners, such as the San Diego Regional Economic Development Corporation and the North County Branding Project. In addition, these messages will showcase Carisbad's assets in the context of the San Diego metro region, Southern California and the state as a whole. c) A "Most Wanted" Media List: We would work with the City of Carisbad and its marketing partners to pinpoint 75-100 media outlets that are most important to penetrate with Carisbad's marketing messages. Likely categories would include: • Business magazines such as Forbes, Fortune, The Economist, Fast Company, WIRED and Bloomberg BusinessWeek • Major national newspapers such as The Wall Street Journal, USA Today and The New York Times • Top online outlets including CNNMoney.com, The Huffington Post and The Daily Beast • National and international broadcast outlets, including FOX News, CNBC and BBC • International business media such as Asahi Shimbun, Financial Times and Die Welt City Attorney Approved Version 1/30/13 • Trade press within the City of Carisbad's target industries, such as Genetic Engineering News, Outdoor Magazine, and Cleantech Magazine • Regional outlets that are nearby and those that are key for Carisbad key industry sectors, including the Orange County Register, Los Angeles Times, Boston Globe and Salt Lake Tribune • Key outlets read by site selection consultants and corporate executives, such as Area Development, Site Selection and IndustryWeek d) Public Relations Tactics: It's hard to know the exact strategies DCI will recommend for the marketing and media relations plan, but given Carisbad's goals and our broad experience in marketing places similar to the community, we'll likely recommend and execute a number ofthe key public relations tactics outlined in the next section, designed to elevate the city's profile in its target industry sectors to a business audience. 2) Executing the Strategic Marketing and Media Relations Plan DCI will likely recommend the implementation of a combination of the following six public relations activities designed to yield significant returns for the City of Carisbad. These tactics - along with specific deliverables - are described in the pages that follow: a) Proactive/Reactive Editorial Placement: Delivering Your Story to the Right Journalists: With the combination of aggressive proactive pitching and reactive responses to media inquiries, we will literally be telling the Carisbad story with a heavy emphasis on the city's key target industries, on a daily basis. DCI can also assist the City of Carisbad in maximizing press conferences related to major announcements for the city's businesses community to make the most of these events. We also have experience in developing other major publicity events that can help attract the attention of regional and national media. Deliverables: Carisbad featured in 6-8 stories in a range of "most wanted" media outlets by DCI continually approaching target journalists with tailored story ideas highlighting the community's business advantages. DCI will respond swiftly to journalist requests with relevant information. b) Press Trips: Bringing the Best to Carlsbad: We recommend the following activities within the nine-month execution of the public relations program: • Conducting a Trade Industry or Foreign Inbound Press Trip: For the first year of the program, DCI recommends focusing on one key target industry, such as life sciences or sports manufacturing, and bringing in 4-6 trade reporters who cover that sector. Another option is to target several countries that represent the city's top foreign trade partners and invite 4-6 of these international journalists to Carisbad to cover several of your top industry sectors. We would work with you to determine the specific hook, targeting and enticing the reporters to visit, and then hosting the trip. • Arranging Individual Media Visits: We would focus on securing individual visits by 1-2 top-tier media, working with Carisbad to develop a customized itinerary to suit the media's story angle. • Leveraging TourismA/isitor Group Visits: Carisbad is a top destination for many journalists who cover travel and lifestyle. DCI will leverage our partnership with Visit Carisbad to determine when key reporters will be visiting in order to maximize these journalists' trips and showcase the city's business assets and key industries. City Attorney Approved Version 1/30/13 10 Deliverables: Visits to the community by a projected 5-7 journalists from a mix of top-tier and trade/foreign media outlets, resulting in 3-5 articles. c) Media Tours: Taking Carlsbad's Story on the Road DCI would work closely with the City of Carisbad to choose appropriate spokespeople and take specific business stories directly to the doorsteps of top-tier business, daily and trade media outlets in key markets. Specifically, we recommend a media tour to: Los Angeles: Given the proximity of Carisbad to the Greater L.A. region, and the fact that many of the top news outlets in the country have bureaus there, including CNBC, FOX News, The Wall Street Journal, and The New York Times, DCI suggests a media tour to the city with 2-3 of Carisbad's top spokespeople, such as the mayor and a C-level executive from a company in one of your key target industries, to take your community's story directly to these reporters. For the media tour, DCI would provide all necessary briefing documents, handle all logistics and accompany the tour. Deliverables: Arrange one media tour Los Angeles with an expected 3-5 media appointments. Conduct diligent follow-up with each editor/reporter to pursue specific story ideas discussed during the interview. d) Bylined Pieces and Op-eds: Telling Carlsbad's Story in Your Own Words Some of the top national media outlets, trade industry publications and magazines read by site selection consultants accept bylined pieces and op-ed articles, especially if they're written by a high-profile executive or public sector leader, such as a mayor or governor. DCI would research editorial calendars to uncover opportunities for the City of Carisbad, then work with your communications team to determine the topic that would best position the community and its key industries in the outlet. We would then conduct any background interviews as needed and craft the first draft of the bylined article to fit within the outlet's parameters, making revisions with your feedback and input. Working with the publication's editors, we would gather all the background needed, including photographs, and follow up to ensure that the story appears. Over the course of your program, we would assist Carisbad in creating up to 2 bylined stories or op-eds that would be a fit for the publication's audience and focus. Deliverables: Identify several opportunities in trade or national media outlets for bylined articles and op-eds. Develop up to 2 bylined stories or op-eds that reflect positively on the Carisbad region or one of its key industries. e) Digital Media Tactics: Sharing Carlsbad's Story Through Digital Platforms and Social Networks A quick analysis of your website and social media presence reveals that the City of Carisbad is very well connected on numerous networks and platforms. Given that the city would like to focus on marketing Carisbad to corporate executives, skilled professionals and visitors through a strategic marketing, PR and media relations campaign, with a special emphasis on its target industry clusters, DCI would work with your marketing and communications team to develop 2-3 big ideas for refining your current approach to best connect with these key audiences, allowing them to engage with the city's "brand" and ultimately drive more visitors to your website. To develop specific strategic recommendations, DCI will conduct a digital media audit in our Stage II: Discovery Phase, outline above. From this, we'll generate 2-3 creative ideas that the city can partner with DCI to implement, such as: • Leveraging your target industry PDFs to create infographics, then "socializing" them on Facebook, Twitter and infographics sharing sites; • Developing a creative Twitter campaign designed to engage your target audience, capture their attention and share key content; City Attorney Approved Version 1/30/13 11 • streamlining navigation on your website, so information most important to corporate executives is easy to find; • Creating digital press releases that can be widely distributed via PR Newswire, a news distribution service for the media, consumers and investors. Deliverable: Deliver 2-3 strategic recommendations for digital and social media engagement and partner with the City of Carisbad, where appropriate, to implement them. f) Play-Back: Leveraging Media Results at Home and Beyond When successful media stories have been generated, it is vital that they be leveraged for maximum exposure and gain. Positive media coverage should be shared with: • The City of Carisbad's citizens, city council and mayor, its key marketing partners, the local/regional news media and top members of the business community. • Targeted corporate executives, location advisors and other key decision makers that the marketing program is seeking to influence. • Companies that are trying to recruit talent to your region. These results can be shared in public/private meetings, via e-mail or postal mail directly to target audiences, in collateral materials, on your website and through the local news media. We are aware of the enormous importance of "playing back" media results and will work closely with the City of Carisbad's communications team to maximize the impact of editorial placements. Deliverable: Identify creative means of "play-back" with media results to key internal and external audiences. City Attorney Approved Version 1/30/13 12 "EXHIBIT "B" INCREMENTAL PAYMENT SCHEDULE The Contractor will be paid a maximum of ninety-two thousand four hundred dollars ($92,400) for all work necessary to carry out the requirements of this agreement as noted in section 3 of the recitals. The Contractor shall be paid within 30 days for work accomplished, in response to invoice, and invoices are expected to be received monthly in the amount of $7,500 for professional fees plus $200 for documented fixed program expenses. The final 10% percent will be paid, not to exceed the maximum amount provided in this agreement, upon acceptance ofthe work and services to be provided in Exhibit A, and within 30 days after receipt of invoice. In addition. Contractor may receive up to a maximum of fourteen thousand three hundred twenty dollars ($14,320) for reimbursable travel expenses which shall include transportation, lodging, meals and incidental expenses such as tips. The City will not reimburse the cost of alcoholic beverages. Reimbursement for tips will not be made in excess of 20%. All reimbursable expenses shall be documented with detailed receipts accompanying the invoice. City Attorney Approved Version 1/30/13 13