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HomeMy WebLinkAbout2003-010 - Marketing Services Agreement with Corporate Communications GroupBILL NO. 2003-10 ORDINANCE NO. 2003-10 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT FOR MARKETING SERVICES WITH CORPORATE COMMUNICATIONS GROUP, INC. WHEREAS, the City of Riverside, Missouri ("City") has engaged in negotiations with Corporate Communications Group, Ina ("CCG") for provision of marketing and public relation services (the "Services"). WHEREAS, the City and CCG have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an agreement whereby CCG shall provide marketing and public relations services to the City in exchange for an amount not to exceed Fifteen Thousand and no/l00 Dollars ($15,000.00) (the "Agreement'). Section 2. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 21st day of January, 2003. Mayor TT ity Clerk `~~~~` -i!RPO~'~'';(E COP~IMUNIC/~iIONS GROUP • In^ ~~ ~ Public Relations Management • Marketing I C ~~~ tl'1 January 21, 2003 Mayor Betty Burch City of Riverside 2950 NW Vivion Road Riverside, Missouri 64150 Dear Mayor Burch: This will serve as the Agreement between Corporate Communications Group, Inc. (CCG) and the city of Riverside (Client) pursuant to which CCG will provide public relations and marketing counsel to Client. Charges Charges for the services of CCG will be made at CCG's regular hourly staff rates for participating executives and staff as the same are required to carry out the programs and activities approved by Client. Those rates are as follows: Principal Counseling $275.00 Executive Counseling 220.00 Senior Counseling 200.00 Executive Creative Direction 165.00 Senior Account Management 165.00 Account Supervision 121.00 Communications Consultation 110.00 Creative Direction 110.00 Web Development 100.00 Research/Copywriting 93.50 Media Planning 93.50 Production Supervision 71.50 Account Coordination 60.50 Desktop Publishing 60.50 Clerical 27.50 The above rates are subject to change upon extension or renewal of the contract, provided that the new rates are specified in the written agreement extending this Agreement. For our services, Client shall pay CCG a minimum monthly retainer of $5,000 per month beginning with the month of January 2003. Program services provided by CCG shall not exceed the constraints or maximum amoturt of budgets for each activity approved in writing by the Client. Initial services 12 Corporate Woods • Suite 150.10975 Benson Drive • Overland Park, KS 66210.9131451-2990 • fA/ ~1s'FSf ~~ ° ~ '- ^ 800. '26-2990 3 (b) Copies of supplier invoices and other back-up materials in support of CCG's out-of-pocket charges of $100 or more will he included with CCG's invoices. 3. Termination CCG's appointment under this Agreement shall be effective as of January 21, 2003, and terminate on March 31, 2003, unless additional services are authorized by Client on an ongoing basis and in a separate written agreement. Upon termination of this Agreement, provided that there is no outstanding indebtedness then owing by Client to CCG, CCG shall transfer, assign and make available to Client all real and intellectual property and materials in its possession or control developed for or otherwise belonging to Client. Such property shall not include pre-existing proprietary models that CCG may utilize in its business. 4. Indemnity Each party shall indemnify and hold harmless the other, and its officials, officers, advisors, agents and employees (collectively, the "Indemnitees") from and against any and all liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) of whatsoever nature that may be incurred by the Indemnitees, or any of them, arising out of or in connection with any breach of the terms of this Agreement to the extent that such liabilities, losses, costs, damages and expenses (including reasonable attorneys' fees and expenses and court costs) or claim thereof results in whole or in part from the negligent, reckless or intentional acts or omissions of either party. This Paragraph shall survive the revocation or termination of this Agreement. 5. Personnel (a) The CCG staff members who will serve Client's account shall he assigned from time-to-time by CCG. If requested, CCG shall consult with Client regarding such assignments. (b) During the term of this contract, and for a period of 12 months following the termination of this contract for any reason, neither Client nor any affiliate thereof shall directly or indirectly employ or establish any business association (whether as consultant, representative, agent, independent contractor, supplier or otherwise) with any individual who was employed by CCG at any time during the period from inception of this Agreement through the effective date of termination of this Agreement, whether or not still an employee at the termination hereof, provided that this restriction shall not apply should it cause the City to violate or otherwise be in noncompliance with any applicable law or regulation regarding competitive and open bidding for government contracts. 6. Governing law This Agreement will be governed and construed in accordance with the laws of the State of Missouri for contracts made and to be performed entirely in Missouri. 7. Entire Agreement/Modification/Costs. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior or contemporaneous oral or written agreements, representations, statements, documents or understandings of the parties. No supplement, modification, amendment, extension or renewal of this Agreement shall be binding unless executed in writing by the parties hereto. Should either party be required to institute any action or proceeding to enforce or protect its rights hereunder, the non-instituting party hereby agrees that it shall pay the instituting party for all reasonable costs and expenses related thereto, including reasonable attorneys' fees, should the instituting party prevail in its action or proceeding. If you are in Agreement with the above, would you kindly sign both copies of this letter in the space provided for that purpose below and return one copy to Corporate Communications Group, Inc. for our records. Sincerely, Corporate Communications Group, Inc. David H. Westbrook President - 21-0 3 Date AGREED: City of Riverside Betty Burc Mayor ~- .~ ~-« Date