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CITY OF ALAMO HEIGHTS
ADMINISTRATION AND FINANCE DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council
FROM: Buddy Kuhn, City Manager
SUBJECT: Consideration for a contract with the CE group to prepare for the City of Alamo
Heights 100th
Anniversary Celebration
DATE: January 10, 2022
SUMMARY
Consideration of an agreement with the CE group for planning of the City of Alamo Heights 100
year anniversary celebration in the amount of $39,500. The CE Group has a 30 year solid
reputation in the community and throughout the country. The CE group has vast experience in
planning large local events such as the grand opening of the Henry B. Gonzalez Convention
Center, Alamodome, Central Library, Doseum, Mission and Museum Reach on the San Antonio
River, Luminaria, Siclovia and the Men’s and Women’s Final Four.
BACKGROUND INFORMATION
Alamo Heights became a municipality in June 1922 and will celebrate its’ 100-year anniversary
in 2022. CE Group was selected in June of 2021 to begin planning and coordinate community
events and activities to celebrate the city’s centennial anniversary. While the official 100 year
anniversary will occur in June of 2022, we plan to kick off the celebration with the annual 5K
city fun run during Fiesta, continue with marketing through the official anniversary month in
June and further promote the event at the annual July 4th
parade. We are currently planning a
culmination of events in October starting with National Night Out with additional events over
the next week after that with nightly events throughout the community.
The budget for FY 2021-22 was budgeted at $20,000 and was amended on December 13th
, 2021
in an additional amount of $80,000. The amendment for the additional $80,000 is to pay for the
planning, coordinating and marketing associated with the 100-year anniversary activities and
events as well as other services such as reserving facilities if applicable, other hard costs such as
the rental of equipment and supplies, barricades and other yet unrealized expenses.
Centennial celebration activities are also scheduled in FY 2022-23 and that will be budgeted
during the budget process with council at an additional cost.
POLICY ANALYSIS
This amendment will allow city staff to continue coordinating and developing community
activities and events for the historic 100-year anniversary and is consistent with other
professional services agreements that the city routinely executes. The 50th
anniversary
celebration in 1972 was also coordinated by an event planning organization hired by the city.
FISCAL IMPACT
$39,500 for Phase II which includes Strategic Design and Consulting, Event and Production
Logistics for an open streets event currently planned for October 02, 2022 and Event and
Production Logistics for a Culminating Event currently planned for Saturday, October 08, 2022.
______________________
Buddy Kuhn
City Manager
200 east grayson, suite 114. san antonio, tx 78215 | ph. 210.822.5001 | fax 210.822.7723 | ce@cegroupinc.net | www.cegroupinc.net
Proposal of Services
City of Alamo Heights 100th Anniversary
Phase II
Strategic Guidance & Consulting (Continued)
Event & Production Logistics
Open Streets Event – TBD Sunday, October 2nd, 2022
Culminating Event – TBD Saturday, October 8th, 2022
Integrated Communication
Creative Services
Proposal Date: January 5th, 2022
Attachment A
Attachment A
The CE Group, Inc. is pleased to submit this proposal outlining general scope of services and fees for Phase II for the City of
Alamo Heights 100th Anniversary. Our team will work with the City of Alamo Heights and any other relevant parties as we
bring our expertise, resources and relationships to the project.
We have a 30-year record of accomplishments and solid reputation of working on behalf of various clients, including nonprofit and
for-profit organizations, and are confident our extensive experience will ensure delivery of a seamless and successful process. Most
importantly, we hope to convey our commitment to teamwork and will bring our history of excellence and professionalism to the
table in order to create synergy to support your mission and goals.
At The CE Group, Inc., we Position, Plan, Promote and Produce while providing our clients with overall project management
support.
Presented by
Krista Friedman
Managing Director
kfriedman@cegroupinc.net
Attachment A
The CE Group, Inc. would be delighted to continue to be of service for the overall Centennial planning and process, if desired.
Proposed timeframe of this Scope of Service is January 2022 – October 2022.
• Assist with overall development and general project plans that best serve both the client and the community
• Strategize desired calendar/schedule of events
• Provide input on various budget items needed to execute project plans and strategize on possible ways to streamline costs
• Discuss, identify and remain cognizant of goals and how success will be measured
• Explore feasibility and realistic expectations
• Provide insight on if assembling a committee is applicable or necessary
• Support client by attending board and/or committee meetings and conference calls, as needed
• Brainstorm ways to develop, strengthen and sustain existing relationships, as well as identifying new relationships
• Attend conference calls, meetings and site visits as needed
PHASE II – STRATEGIC GUIDANCE & CONSULTING (Continued)
Attachment A
• Schedule and manage meetings, site visits and conference calls with an agenda and recap
• Support client by attending board and/or committee meetings and conference calls, as needed
• Remain cognizant of incorporating creative identity and graphics into collateral aspects along the course of the project
• Provide input on levels and fulfillment aspects in sponsorship packages, if needed
• Client is responsible for securing sponsorships
• Develop budget, provide detailed expense sheets and work within the budget to the best of our ability
• Provide best recommendations for, negotiate proposals/contracts with, and manage ongoing communication with various project component
partners and vendors including, but not limited to: permitting, rentals, health and safety needs, photography/videography, audio-visual,
entertainment, electrical/power, etc.
• Develop and manage, alongside client, ongoing high level logistics communication with various necessary partners (VIA Metropolitan Transit,
TxDOT, etc.) and City of Alamo Heights departments (Police, Public Works, Health, Fire, etc.) including, but not limited to: street closures,
permitting, Traffic Control Plans, detour routes, parking, trash and recycling plans, emergency and safety measures/Incident Action Plans, first
aid medic needs, etc.
• Create Street Closure Acknowledgement Letter that will be used as the official tool to communicate awareness of the event regarding route,
street closures, date/time(s), etc.
• Develop community outreach business, residential and property owner list, reflective of those impacted by day of event logistics along the
route, route perimeter, in the immediate and surrounding area(s)
• Act as a liaison and/or primary point of contact along the route, route perimeter, in the immediate and surrounding area(s) to disseminate
awareness of the event regarding route, street closures, date/time(s), alternate traffic plans for event, if needed
• Provide updates to client, applicable event partners, and City of Alamo Heights departments as needed and upon completion of event
community outreach
• Work with client to determine best process, create and manage determined means of communication (online form, etc.) for businesses and/or
organizations to sign up and participate
• Manage ongoing correspondence regarding planning and day of event participation logistics to businesses and/or organizations, if needed
• Provide overall project management services with our reputation for attention to detail and documentation, including creating and maintaining
updates to necessary project documents such as: Run of Show, timelines, site maps, signage list and placement plan
• Manage overall project logistics, including load-in and load-out components, as needed
• Provide input for volunteer assignments, if needed
• Client is responsible for recruiting and managing volunteers
• Secure and manage approved and trained CE Group staffing, as needed
• Event Community Outreach (Street Team) staffing costs are billed separately at the rate of $34/hr. at a 3-hr. minimum
• Staffing costs for other various roles and onsite day of event are billed separately at the rate of $38/hr. at a 3-hr. minimum
• Stage Manager staffing costs are billed separately at the rate of $48/hr. at a 3-hr. minimum
PHASE II - EVENT & PRODUCTION LOGISTICS: Open Streets Event – TBD Sunday, October 2nd, 2022
Attachment A
• Schedule and manage meetings, site visits and conference calls with an agenda and recap
• Support client by attending board and/or committee meetings and conference calls, as needed
• Remain cognizant of incorporating creative identity and graphics into collateral aspects along the course of the project
• Provide input on levels and fulfillment aspects in sponsorship packages, if needed
• Client is responsible for securing sponsorships, ticket sales, and/or table seating assignments
• Develop budget, provide detailed expense sheets and work within the budget to the best of our ability
• Provide best recommendations for, negotiate proposals/contracts with, and schedule and manage ongoing communication with various project
component partners and vendors including, but not limited to: permitting, health and safety needs, venue, food & beverage, décor, rentals,
photography/videography, audio-visual, entertainment, security, signage, transportation, parking and clean up
• Provide overall project management services with our reputation for attention to detail and documentation, including creating and maintaining
updates to necessary project documents such as: Run of Show, timelines, site maps, signage list and placement plan
• Provide input to Client for scripting and show format, if needed
• Client is responsible for scriptwriting and/or programming content, unless otherwise contracted to do so
• Develop plans and implement health and safety protocols for guests, staff, vendors to the best of our ability, if needed
• Manage overall project logistics, including load-in and load-out components, as needed
• Support client with various logistics for auction aspects at event, if needed
• Client is responsible for soliciting, securing, determining platform used, and managing sales of auction items
• Provide input for volunteer assignments, if needed
• Client is responsible for recruiting and managing volunteers
• Secure and manage approved and trained CE Group staffing, as needed
• Event Community Outreach (Street Team) staffing costs are billed separately at the rate of $34/hr. at a 3-hr. minimum
• Staffing costs for other various roles and onsite day of event are billed separately at the rate of $38/hr. at a 3-hr. minimum
• Stage Manager staffing costs are billed separately at the rate of $48/hr. at a 3-hr. minimum
PHASE II - EVENT & PRODUCTION LOGISTICS: Culminating Event – TBD Saturday, October 8th, 2022
Attachment A
• Develop PR timeline with targeted local outreach
• Create targeted media list for event
• Work as liaison with any partners, etc., to create and maintain communications and enlist their cooperation in promoting event
• Develop creative storyboard for event-specific press releases and alerts
• Draft and distribute promotional pieces from storyboard to targeted media (3 in total)
• Assist with copywriting and editing of all promotional materials such as fliers, brochures, advertisements, website, commercials, etc., to
maintain brand consistency
• Post event details to online and print calendar listings
• Pitch timely and unique story placements to media
• Schedule and coordinate interviews and TV appearances, as needed
• Draft scripts and/or speaking points for key spokespeople, as needed
• Act as clearinghouse for any marketing and media-related inquiries, as needed
• Provide 1 on-site staff persons at event, as needed
• Capture any/all press hits and maintain media report
• Disseminate e-blast invitation with client provided list
• Attend client meetings either in person and/or by phone
• Prepare event-specific social media strategy for the determined
social media platforms (up to 3 pages in total, if needed: Facebook,
Twitter and Instagram)
• Develop and implement editorial calendar (updated monthly) of
content to support the PR and marketing plans
• Manage social media posts
• Monitor social media outlets daily for new posts
and comments
• Follow and engage relevant media, fans, partners, companies and
pages
• Share any relevant articles, news, etc.
• Promote updates and news in real time
• Promote and share media coverage and clips in real time
• Provide on-site social media management, post
content/photos/updates during event
• Develop end of project report documenting campaign and progress
• Attend client meetings either in person and/or by phone
INTEGRATED COMMUNICATION - PUBLIC RELATIONS & MARKETING
INTEGRATED COMMUNICATION - SOCIAL MEDIA MARKETING
For the below CE Group services, a Project Fee can be determined based on Scope
of Services and application desired (Overall Anniversary and/or per each event)
Attachment A
• Develop creative design for an event identity while maintaining brand integrity and consistency
• Provide supporting identity creative assets, as needed
CREATIVE SERVICES – EVENT IDENTITY
• With either the use of existing client logo or of new created event identity, provide creative design elements and/or print management of
collateral including, but not limited to:
• Graphic elements (e-blasts, social media assets, website assets, digital ads, site maps, etc.)
• Printed collateral (letterhead, envelopes, programs, invitations, posters, credentials, etc.)
• Signage of all size scales (directional, banners, feather flags, step & repeats, photo backdrops, stage backdrops, etc.)
• Source, design, and manage production of branded items (gifts, awards, favors, etc.)
• Production of the above materials will be billed as hard costs
Designer reserves the right to include images of the completed work in portfolio.
For more on our services, visit: https://www.goodscollective.com/
CREATIVE SERVICES – EVENT COLLATERAL
For the below CE Group services, a Project Fee can be determined based on Scope
of Services and application desired (Overall Anniversary and/or per each event)
Attachment A
President & CEO
Project Advisor
Over the last 30 years, there are very few of San Antonio’s most prestigious projects and events that haven’t been touched by
the expert hand of Janet Holliday. She has grown her company, The CE Group, to offer seven distinct services of experience-
based marketing expertise: event and production management, destination management, venue management, national sports
and events marketing, integrated communications, creative services (through Goods Collective), and curated experiences
(through Makers). This depth and breadth of services combined with the style, organizational skills, positive work ethic, and
radical customer dedication are the foundation of the company culture, has long positioned The CE Group as the leader in their
industry. As President and CEO, Janet is a highly sought-after expert in events and marketing, not only in Texas but
throughout the country. Janet has played a leading role in some of the city of San Antonio’s most celebrated hallmarks,
including the grand openings of the Alamodome, Central Library, the Mission and Museum Reach of the San Antonio River, The
DoSeum: San Antonio’s Museum for Kids, San Antonio International Airport, The Witte Museum, Henry B. Gonzalez
Convention Center expansion and transformation, and many more. Janet’s talent and creative resources have also been a
force in notable projects including Luminaria, Siclovia, NCAA Men’s and Women’s Final Four, the San Antonio Rock ‘n’ Roll
Marathon & Half Marathon and five San Antonio Spurs national championship parades.
Managing Director
Listed in 2018 as one of the Texas Top 50 Women to Watch by Society Diaries and Eleanora Magazine, Krista Friedman is a
Managing Director and head of the Event & Production Management team. A graduate of Baylor University, she began her
tenure at The CE Group in 2009 as an intern in venue management, a passion that quickly transitioned into a love for overall
event management and logistical execution. Krista uses her detail-oriented organization and problem solving skills to produce
signature events such as ground breakings, grand openings, culinary experiences, festivals, health and wellness initiatives,
activations and entertainment driven events for nonprofit and corporate clients including The DoSeum, Brooks, YMCA of
Greater San Antonio, multiple divisions of the City of San Antonio, The Children’s Hospital of San Antonio, H-E-B, The Witte
Museum, and has managed a magnitude of events and activations at Pearl for over a decade.
Attachment A
The following assumptions have been made in developing this proposal. Fees outlined in the proposal are for the scope of
services defined above and include a team of project managers to accomplish the outlined tasks. Additional on-site event staffing
expense will be billed as used. Any discrepancies regarding these assumptions may affect the costs outlined in the Management
Fees and Expenses section of this document. We will charge for any out-of-pocket expenses incurred by The CE Group on your
behalf. Operational and budget line-item expenses are not part of the project fee and would include copies, mileage, courier
expenses, shipping, and miscellaneous supplies. Additional charges and/or expenses totaling more than $100 will be submitted
for approval prior to being incurred.
PROJECT FEE SUMMARY
Below Project Fees are reflective of discounted, nonprofit rates.
Event Project Fees are reflective of (1) dedicated Project Manager’s time onsite from load-in to load-out of event.
Phase II – Strategic Guidance & Consulting (Continued)
January 2022 – October 2022
$ 9,500
Phase II - Event & Production Logistics: Open Streets Event – TBD Sunday, October 2nd, 2022
In-Kind Sponsorship
Total
$ 25,000
- $5,000
$ 20,000
Phase II - Event & Production Logistics: Culminating Event – TBD Saturday, October 8th, 2022
In-Kind Sponsorship
Total
$ 15,000
- $5,000
$ 10,000
For the below CE Group services, a Project Fee can be determined based on
Scope of Services and application desired (Overall Anniversary and/or per each event)
Integrated Communication - Public Relations & Marketing $ TBD
Integrated Communication - Social Media Management $ TBD
Creative Services – Event Identity $ TBD
Creative Services – Event Collateral $ TBD
Attachment A
City of Alamo Heights to indicate sponsorship benefits to CE Group in writing when determined.
The CE Group, Inc. will bill for Phase II Project Fees as outlined on the previous page ($39,500.00) in the following installments:
• 25% ($9,875.00) due January 31st, 2022
• 25% ($9,875.00) due March 31st, 2022
• 25% ($9,875.00) due June 30th, 2022
• 25% ($9,875.00) due September 30th, 2022
The CE Group, Inc. is available to serve as the project expense clearinghouse, managing and paying either all or some of client approved, project related
expenses. For this service, a nonprofit, discounted 10% service charge will be assessed per expense, not to include staffing or Project Fees. Paying project
expenses requires the CE Group project manager(s) and business office to manage aspects of negotiating, contracting, billing, receiving payments, processing
with vendors for W-9 and certificates of insurance, settling disputes, checking each line item and invoice for correct billing, and providing final reconciliation
documents to the client. Each project can have multiple vendors and it is not uncommon for the number of vendors to be 20 or more. This service allows the
client to pay one vendor, The CE Group, Inc.
We are excited about this project and are eager to engage as your partner going forward. The CE Group, Inc. feels that trust, fairness and working together as a
team to achieve bottom-line results are essential ingredients to a successful relationship. Projects take many hours to position, plan, promote and produce and
you can count on our loyalty, honesty, creativity, professionalism and energy to make each effort a success. We appreciate your trust in our company and are
ready to go to work! This proposal is effective for a period of thirty (30) days. If after that period no commitment has been made, The CE Group, Inc. reserves the
right to adjust fees.
We encourage your questions to reach a final agreement.
Please contact Krista Friedman at (210) 862-9081 or kfriedman@cegroupinc.net
THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL.
Attachment A
Contract Terms
CONTRACT made this 5th January 2022, between The CE Group, Inc., a
Texas corporation, herein referred to as “Contractor” and City of Alamo
Heights, the purchaser of project management herein referred to as
“Client”.
Recitals
The CE Group enters into this agreement as an Independent Contractor and is
hired to render project management on the terms and conditions provided for
in this agreement. Contractor, as directed by client, is duly authorized to act as
agent and on behalf of Client in all matters relating to the making of
arrangements including, but not limited to, project management services,
vendors, entertainment, transportation by air, railroad, motor bus, automobile
or steamship or other common carrier. Such matters as described in this
paragraph are hereinafter referred to as the “project,” and the applicable time
period during which the project shall be performed is referred to as the “project
operation.”
Cancellation Terms
(applies to any project being executed under the contract)
• Project Cancellation up to 90 days Prior to Scheduled Date:
If project is canceled prior to 90 days of project operation, a cancellation fee
shall be calculated for time of work completed to date, at $100 per hour of
services contracted for plus a total of all non-refundable deposits shall be paid
by Client.
• Project Cancellation up to 89-60 days Prior to Scheduled Date:
If project is canceled 89-60 days prior to project operation, a cancellation fee
of 65% of services contracted for plus a total of all non-refundable deposits
shall be paid by Client.
• Project Cancellation up to 59-30 days Prior to Scheduled Date:
If project is canceled 59-30 days prior to project operation, a cancellation fee
of 75% of services contracted for plus a total of all non-refundable deposits
shall be paid by Client.
• Project Cancellation up to 29-15 days Prior to Scheduled Date:
If project is canceled 29-15 days prior to project operation, a cancellation fee
of 85% of services contracted for plus a total of all non-refundable deposits
shall be paid by Client.
• Project Cancellation less than 14 days Prior to Scheduled Date:
If project is canceled 14 days prior to project operation, a cancellation fee of
100% of services contracted for plus a total of all non-refundable deposits shall
be paid by Client.
Cancellation Terms (Staffing)
If a project operation where CE Group personnel has been secured and
scheduled is canceled less than 72 hours prior to project operation, a 3-hour
minimum hourly rate, per person, shall be paid by Client.
Postponement Policy
Should the project date be rescheduled for any reason set forth by the client or
due to acts of God, THE CE GROUP, INC. reserves the right to negotiate
additional Project Fees to cover time spent for project managers to enact
rescheduling planning to a later date. If Client requests to postpone the project
for any reason, The CE Group, Inc. reserves the right to decline Client’s
request and enforce the applicable cancellation terms.
Service Fee
The CE Group, Inc. is available to serve as the project expense clearinghouse,
managing and paying all or some of client approved, project related expenses.
For this service, a discounted, nonprofit 10% service charge will be assessed
per expense, not to include staffing or Project Fees. Paying project expenses
requires The CE Group project manager(s) and business office to manage all
aspects of negotiating, contracting, billing, receiving payments, settling
disputes, checking each line item and invoice for correct billing, and providing
final reconciliation documents to the client. Every project has multiple vendors,
and it is not uncommon for the number of vendors to be 20 or more. This
service allows the client to pay one vendor, The CE Group.
Government Law
This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
Authorized Agent
The undersigned acting on behalf of Client warrants that he/she has the right
and authority to enter into and to perform Client’s obligations under this
Agreement.
Attachment A
Billing Schedule
Client agrees to pay fees in accordance with schedule outlined in this contract.
Unless schedule is outlined as a Retainer or otherwise, Client will be billed and
agrees to pay one hundred percent of project fees prior to project date. Should
The CE Group, Inc. process expense items on behalf of Client, Client will be
billed and agrees to pay a significant percent of estimated expenses, due upon
receipt. The final balance of expenses will be billed after project completion,
due upon receipt, and will be accompanied by a detailed final expense sheet.
Should a credit card be used as a form of payment, a 4% convenience charge
will be added per transaction.
Final Billing/Reconciliation
A final invoice reflecting actual expense items incurred during project operation
shall be sent to Client as soon as possible upon project conclusion and will be
accompanied by a final expense sheet. Payment shall be due and payable upon
receipt.
Late Fees
Payments are considered past due if not received within thirty days of billing
date. A finance charge of 1.5% per month will be applied to all past due
invoices.
Indemnification
To the extend allowed under Texas Law, Client agrees to defend, indemnify and
hold Contractor harmless from and against any and all claims, losses, liabilities
and expenses (including attorneys' fees) related to or arising out of the third
party services made available by Contractor to Client under this Agreement,
including without limitation claims made by third parties (including third party
sub-contractors) related to any personal injury, property damage, or other
loss, accident, delay, inconvenience, or irregularity which may be occasioned
by: any wrongful or negligent acts or omissions on the part of any of
contractor’s suppliers or third party contractors; any wrongful, negligent, or
otherwise unauthorized acts or omissions on the part of any third party
common carrier, or other provider of transportation services; any wrongful or
negligent acts or omissions on the part of any other person or party not under
direct control or employ of Contractor, including guests of Client; but excluding
those related to the gross negligence of Contractor.
To the extend allowed under Texas Law, Client agrees to defend, indemnify and
hold Contractor harmless from and against any and all claims, losses, liabilities
and expenses (including attorneys' fees) related to or arising out of any claim
by a third party related to the potential or actual exposure or contraction of a
bacterial or viral disease (including COVID-19) from the project, including any
claim related to Client’s own negligence or the ordinary negligence of The CE
Group, Inc.
Costs of Collection/Attorney’s Fees
Client agrees to pay all applicable charges on demand to Contractor, together
with any collection costs or attorney’s fees. If Contractor brings a legal action
to collect any sums due under this Agreement, it shall be entitled to collect, in
addition to all damages, its costs of collection, including reasonable attorney’s
fees.
Disclaimer of Warranties
Contractor’s services and project (together, the “Services”) are provided “as
is,” and, except as provided herein, Contractor makes no warranties of any
kind with respect to the Services, whether express or implied, oral or written,
including but not limited to, the implied warranties of merchantability, and
fitness for a particular purpose.
Limitation of Liability
Client acknowledges and agrees that in no event shall Contractor or its officers,
directors, employees, or representatives be liable to Client or any other party
for any special, indirect, reliance, incidental or consequential damages of any
kind, loss of profits, or loss of goodwill resulting from the use of or inability to
use the Services provided hereunder, even if Contractor has been notified of
the likelihood of such damages occurring. Contractor’s maximum liability to
Client for any cause whatsoever, regardless of the form of action, including,
without limitation, whether in contract, tort or negligence, shall in no event
exceed the amounts paid by Client under this Agreement.
The CE Group, Inc. accepts no liability for the acts or project services provided
of any third-party vendors.
No Assignment
Client may not assign or transfer this Agreement or any of its rights hereunder
without the prior written consent of Contractor, which consent shall not be
unreasonably withheld. In no event shall Client’s rights or obligations
hereunder be assigned or assignable by operation of law or by any bankruptcy
proceedings, and in no event shall this Agreement or any rights or privileges
hereunder be an asset of Client under any bankruptcy, insolvency or
reorganization proceedings. This Agreement and the transactions provided for
herein shall be binding upon and inure to the benefit of the parties, their legal
representatives, and permitted transferees, successors and assigns.
Attachment A
The CE Group, INC.
Signature:
Print Name:
Date:
City of Alamo Heights
By:
Print Name:
Date:
This proposal, and any content, documents, pricing, or creative
concepts are developed exclusively by The CE Group, Inc., and
all contents are proprietary.
Any use, dissemination, distribution or copying of this proposal,
any content, documents, pricing or creative concepts is strictly
prohibited.
Force Majeure
Either party may terminate its performance obligations without liability to the
extent its performance is affected by acts or occurrences beyond its control
that makes it impossible to hold the Program or for THE CE GROUP, INC. to
provide the services specified herein. The acts or occurrences that trigger the
right of either party to terminate this Agreement under the terms of this
section include, but are not limited to: acts of God, war, civil authority or
government regulation (including advisories, quarantines and curfews), natural
disaster, fire, strikes or other labor disputes, curtailment or disruption of
transportation, civil disorder, terrorism and responses thereto, an act or
occurrence creating a significant risk to the participants’ health or safety (as
determined by both parties), or affecting a party’s performance. This
Agreement may be terminated without liability for any one of such reasons by
written notice from one party to the other within ten (10) days from the Force
Majeure act or occurrence. If the project is scheduled for less than ten (10)
days from the Force Majeure event, notice must be received in writing within
twenty-four (24) hours of the Force Majeure event. Should this Agreement be
terminated according to the terms in this Section, THE CE GROUP, INC. will
return to Client any payments previously paid by Client to THE CE GROUP,
INC., less all of the following amounts which THE CE GROUP, INC. shall be
entitled to retain: any non-recoverable and other out-of-pocket costs THE CE
GROUP, INC. has paid or is obligated to pay to THE CE GROUP, INC.’s vendors,
suppliers and subcontractors, and any costs (including labor) for which THE CE
GROUP, INC. has otherwise incurred an obligation to pay, as of the time of the
Force Majeure Termination, so long as such direct and/or indirect costs are
supported by reasonable documentation. THE CE GROUP, INC. shall
additionally not be liable for delays due to causes beyond its reasonable
control. WHEREFORE, The parties have executed Agreement for Project
Management Services in San Antonio, Texas on the date above first written.
Costs of Collection/Intellectual Property &
Associated Marketing Fees
The CE Group, Inc. and Goods Collective, L.P. reserve the right to photograph
and/or video project services, claim intellectual property of such materials
and is permitted to use at their discretion for various portfolio and marketing
uses, including social media outlets.
Client is responsible and agrees to make project manager(s) aware of any
special provisions or restrictions upon execution of this Agreement.
Should Client use The CE Group, Inc. or Goods Collective, L.P. name, logo,
artwork, photographs, videos or any other intellectual property in any
instance, Client agrees to request accurate files and confirm correct usage of
use in content.
Attachment A

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Item # 5 CE Group - Alamo Heights 100th Celebration

  • 1. CITY OF ALAMO HEIGHTS ADMINISTRATION AND FINANCE DEPARTMENT CITY COUNCIL AGENDA MEMORANDUM TO: Mayor and City Council FROM: Buddy Kuhn, City Manager SUBJECT: Consideration for a contract with the CE group to prepare for the City of Alamo Heights 100th Anniversary Celebration DATE: January 10, 2022 SUMMARY Consideration of an agreement with the CE group for planning of the City of Alamo Heights 100 year anniversary celebration in the amount of $39,500. The CE Group has a 30 year solid reputation in the community and throughout the country. The CE group has vast experience in planning large local events such as the grand opening of the Henry B. Gonzalez Convention Center, Alamodome, Central Library, Doseum, Mission and Museum Reach on the San Antonio River, Luminaria, Siclovia and the Men’s and Women’s Final Four. BACKGROUND INFORMATION Alamo Heights became a municipality in June 1922 and will celebrate its’ 100-year anniversary in 2022. CE Group was selected in June of 2021 to begin planning and coordinate community events and activities to celebrate the city’s centennial anniversary. While the official 100 year anniversary will occur in June of 2022, we plan to kick off the celebration with the annual 5K city fun run during Fiesta, continue with marketing through the official anniversary month in June and further promote the event at the annual July 4th parade. We are currently planning a culmination of events in October starting with National Night Out with additional events over the next week after that with nightly events throughout the community. The budget for FY 2021-22 was budgeted at $20,000 and was amended on December 13th , 2021 in an additional amount of $80,000. The amendment for the additional $80,000 is to pay for the planning, coordinating and marketing associated with the 100-year anniversary activities and events as well as other services such as reserving facilities if applicable, other hard costs such as the rental of equipment and supplies, barricades and other yet unrealized expenses. Centennial celebration activities are also scheduled in FY 2022-23 and that will be budgeted during the budget process with council at an additional cost. POLICY ANALYSIS This amendment will allow city staff to continue coordinating and developing community activities and events for the historic 100-year anniversary and is consistent with other professional services agreements that the city routinely executes. The 50th anniversary celebration in 1972 was also coordinated by an event planning organization hired by the city.
  • 2. FISCAL IMPACT $39,500 for Phase II which includes Strategic Design and Consulting, Event and Production Logistics for an open streets event currently planned for October 02, 2022 and Event and Production Logistics for a Culminating Event currently planned for Saturday, October 08, 2022. ______________________ Buddy Kuhn City Manager
  • 3. 200 east grayson, suite 114. san antonio, tx 78215 | ph. 210.822.5001 | fax 210.822.7723 | ce@cegroupinc.net | www.cegroupinc.net Proposal of Services City of Alamo Heights 100th Anniversary Phase II Strategic Guidance & Consulting (Continued) Event & Production Logistics Open Streets Event – TBD Sunday, October 2nd, 2022 Culminating Event – TBD Saturday, October 8th, 2022 Integrated Communication Creative Services Proposal Date: January 5th, 2022 Attachment A
  • 5. The CE Group, Inc. is pleased to submit this proposal outlining general scope of services and fees for Phase II for the City of Alamo Heights 100th Anniversary. Our team will work with the City of Alamo Heights and any other relevant parties as we bring our expertise, resources and relationships to the project. We have a 30-year record of accomplishments and solid reputation of working on behalf of various clients, including nonprofit and for-profit organizations, and are confident our extensive experience will ensure delivery of a seamless and successful process. Most importantly, we hope to convey our commitment to teamwork and will bring our history of excellence and professionalism to the table in order to create synergy to support your mission and goals. At The CE Group, Inc., we Position, Plan, Promote and Produce while providing our clients with overall project management support. Presented by Krista Friedman Managing Director kfriedman@cegroupinc.net Attachment A
  • 6. The CE Group, Inc. would be delighted to continue to be of service for the overall Centennial planning and process, if desired. Proposed timeframe of this Scope of Service is January 2022 – October 2022. • Assist with overall development and general project plans that best serve both the client and the community • Strategize desired calendar/schedule of events • Provide input on various budget items needed to execute project plans and strategize on possible ways to streamline costs • Discuss, identify and remain cognizant of goals and how success will be measured • Explore feasibility and realistic expectations • Provide insight on if assembling a committee is applicable or necessary • Support client by attending board and/or committee meetings and conference calls, as needed • Brainstorm ways to develop, strengthen and sustain existing relationships, as well as identifying new relationships • Attend conference calls, meetings and site visits as needed PHASE II – STRATEGIC GUIDANCE & CONSULTING (Continued) Attachment A
  • 7. • Schedule and manage meetings, site visits and conference calls with an agenda and recap • Support client by attending board and/or committee meetings and conference calls, as needed • Remain cognizant of incorporating creative identity and graphics into collateral aspects along the course of the project • Provide input on levels and fulfillment aspects in sponsorship packages, if needed • Client is responsible for securing sponsorships • Develop budget, provide detailed expense sheets and work within the budget to the best of our ability • Provide best recommendations for, negotiate proposals/contracts with, and manage ongoing communication with various project component partners and vendors including, but not limited to: permitting, rentals, health and safety needs, photography/videography, audio-visual, entertainment, electrical/power, etc. • Develop and manage, alongside client, ongoing high level logistics communication with various necessary partners (VIA Metropolitan Transit, TxDOT, etc.) and City of Alamo Heights departments (Police, Public Works, Health, Fire, etc.) including, but not limited to: street closures, permitting, Traffic Control Plans, detour routes, parking, trash and recycling plans, emergency and safety measures/Incident Action Plans, first aid medic needs, etc. • Create Street Closure Acknowledgement Letter that will be used as the official tool to communicate awareness of the event regarding route, street closures, date/time(s), etc. • Develop community outreach business, residential and property owner list, reflective of those impacted by day of event logistics along the route, route perimeter, in the immediate and surrounding area(s) • Act as a liaison and/or primary point of contact along the route, route perimeter, in the immediate and surrounding area(s) to disseminate awareness of the event regarding route, street closures, date/time(s), alternate traffic plans for event, if needed • Provide updates to client, applicable event partners, and City of Alamo Heights departments as needed and upon completion of event community outreach • Work with client to determine best process, create and manage determined means of communication (online form, etc.) for businesses and/or organizations to sign up and participate • Manage ongoing correspondence regarding planning and day of event participation logistics to businesses and/or organizations, if needed • Provide overall project management services with our reputation for attention to detail and documentation, including creating and maintaining updates to necessary project documents such as: Run of Show, timelines, site maps, signage list and placement plan • Manage overall project logistics, including load-in and load-out components, as needed • Provide input for volunteer assignments, if needed • Client is responsible for recruiting and managing volunteers • Secure and manage approved and trained CE Group staffing, as needed • Event Community Outreach (Street Team) staffing costs are billed separately at the rate of $34/hr. at a 3-hr. minimum • Staffing costs for other various roles and onsite day of event are billed separately at the rate of $38/hr. at a 3-hr. minimum • Stage Manager staffing costs are billed separately at the rate of $48/hr. at a 3-hr. minimum PHASE II - EVENT & PRODUCTION LOGISTICS: Open Streets Event – TBD Sunday, October 2nd, 2022 Attachment A
  • 8. • Schedule and manage meetings, site visits and conference calls with an agenda and recap • Support client by attending board and/or committee meetings and conference calls, as needed • Remain cognizant of incorporating creative identity and graphics into collateral aspects along the course of the project • Provide input on levels and fulfillment aspects in sponsorship packages, if needed • Client is responsible for securing sponsorships, ticket sales, and/or table seating assignments • Develop budget, provide detailed expense sheets and work within the budget to the best of our ability • Provide best recommendations for, negotiate proposals/contracts with, and schedule and manage ongoing communication with various project component partners and vendors including, but not limited to: permitting, health and safety needs, venue, food & beverage, décor, rentals, photography/videography, audio-visual, entertainment, security, signage, transportation, parking and clean up • Provide overall project management services with our reputation for attention to detail and documentation, including creating and maintaining updates to necessary project documents such as: Run of Show, timelines, site maps, signage list and placement plan • Provide input to Client for scripting and show format, if needed • Client is responsible for scriptwriting and/or programming content, unless otherwise contracted to do so • Develop plans and implement health and safety protocols for guests, staff, vendors to the best of our ability, if needed • Manage overall project logistics, including load-in and load-out components, as needed • Support client with various logistics for auction aspects at event, if needed • Client is responsible for soliciting, securing, determining platform used, and managing sales of auction items • Provide input for volunteer assignments, if needed • Client is responsible for recruiting and managing volunteers • Secure and manage approved and trained CE Group staffing, as needed • Event Community Outreach (Street Team) staffing costs are billed separately at the rate of $34/hr. at a 3-hr. minimum • Staffing costs for other various roles and onsite day of event are billed separately at the rate of $38/hr. at a 3-hr. minimum • Stage Manager staffing costs are billed separately at the rate of $48/hr. at a 3-hr. minimum PHASE II - EVENT & PRODUCTION LOGISTICS: Culminating Event – TBD Saturday, October 8th, 2022 Attachment A
  • 9. • Develop PR timeline with targeted local outreach • Create targeted media list for event • Work as liaison with any partners, etc., to create and maintain communications and enlist their cooperation in promoting event • Develop creative storyboard for event-specific press releases and alerts • Draft and distribute promotional pieces from storyboard to targeted media (3 in total) • Assist with copywriting and editing of all promotional materials such as fliers, brochures, advertisements, website, commercials, etc., to maintain brand consistency • Post event details to online and print calendar listings • Pitch timely and unique story placements to media • Schedule and coordinate interviews and TV appearances, as needed • Draft scripts and/or speaking points for key spokespeople, as needed • Act as clearinghouse for any marketing and media-related inquiries, as needed • Provide 1 on-site staff persons at event, as needed • Capture any/all press hits and maintain media report • Disseminate e-blast invitation with client provided list • Attend client meetings either in person and/or by phone • Prepare event-specific social media strategy for the determined social media platforms (up to 3 pages in total, if needed: Facebook, Twitter and Instagram) • Develop and implement editorial calendar (updated monthly) of content to support the PR and marketing plans • Manage social media posts • Monitor social media outlets daily for new posts and comments • Follow and engage relevant media, fans, partners, companies and pages • Share any relevant articles, news, etc. • Promote updates and news in real time • Promote and share media coverage and clips in real time • Provide on-site social media management, post content/photos/updates during event • Develop end of project report documenting campaign and progress • Attend client meetings either in person and/or by phone INTEGRATED COMMUNICATION - PUBLIC RELATIONS & MARKETING INTEGRATED COMMUNICATION - SOCIAL MEDIA MARKETING For the below CE Group services, a Project Fee can be determined based on Scope of Services and application desired (Overall Anniversary and/or per each event) Attachment A
  • 10. • Develop creative design for an event identity while maintaining brand integrity and consistency • Provide supporting identity creative assets, as needed CREATIVE SERVICES – EVENT IDENTITY • With either the use of existing client logo or of new created event identity, provide creative design elements and/or print management of collateral including, but not limited to: • Graphic elements (e-blasts, social media assets, website assets, digital ads, site maps, etc.) • Printed collateral (letterhead, envelopes, programs, invitations, posters, credentials, etc.) • Signage of all size scales (directional, banners, feather flags, step & repeats, photo backdrops, stage backdrops, etc.) • Source, design, and manage production of branded items (gifts, awards, favors, etc.) • Production of the above materials will be billed as hard costs Designer reserves the right to include images of the completed work in portfolio. For more on our services, visit: https://www.goodscollective.com/ CREATIVE SERVICES – EVENT COLLATERAL For the below CE Group services, a Project Fee can be determined based on Scope of Services and application desired (Overall Anniversary and/or per each event) Attachment A
  • 11. President & CEO Project Advisor Over the last 30 years, there are very few of San Antonio’s most prestigious projects and events that haven’t been touched by the expert hand of Janet Holliday. She has grown her company, The CE Group, to offer seven distinct services of experience- based marketing expertise: event and production management, destination management, venue management, national sports and events marketing, integrated communications, creative services (through Goods Collective), and curated experiences (through Makers). This depth and breadth of services combined with the style, organizational skills, positive work ethic, and radical customer dedication are the foundation of the company culture, has long positioned The CE Group as the leader in their industry. As President and CEO, Janet is a highly sought-after expert in events and marketing, not only in Texas but throughout the country. Janet has played a leading role in some of the city of San Antonio’s most celebrated hallmarks, including the grand openings of the Alamodome, Central Library, the Mission and Museum Reach of the San Antonio River, The DoSeum: San Antonio’s Museum for Kids, San Antonio International Airport, The Witte Museum, Henry B. Gonzalez Convention Center expansion and transformation, and many more. Janet’s talent and creative resources have also been a force in notable projects including Luminaria, Siclovia, NCAA Men’s and Women’s Final Four, the San Antonio Rock ‘n’ Roll Marathon & Half Marathon and five San Antonio Spurs national championship parades. Managing Director Listed in 2018 as one of the Texas Top 50 Women to Watch by Society Diaries and Eleanora Magazine, Krista Friedman is a Managing Director and head of the Event & Production Management team. A graduate of Baylor University, she began her tenure at The CE Group in 2009 as an intern in venue management, a passion that quickly transitioned into a love for overall event management and logistical execution. Krista uses her detail-oriented organization and problem solving skills to produce signature events such as ground breakings, grand openings, culinary experiences, festivals, health and wellness initiatives, activations and entertainment driven events for nonprofit and corporate clients including The DoSeum, Brooks, YMCA of Greater San Antonio, multiple divisions of the City of San Antonio, The Children’s Hospital of San Antonio, H-E-B, The Witte Museum, and has managed a magnitude of events and activations at Pearl for over a decade. Attachment A
  • 12. The following assumptions have been made in developing this proposal. Fees outlined in the proposal are for the scope of services defined above and include a team of project managers to accomplish the outlined tasks. Additional on-site event staffing expense will be billed as used. Any discrepancies regarding these assumptions may affect the costs outlined in the Management Fees and Expenses section of this document. We will charge for any out-of-pocket expenses incurred by The CE Group on your behalf. Operational and budget line-item expenses are not part of the project fee and would include copies, mileage, courier expenses, shipping, and miscellaneous supplies. Additional charges and/or expenses totaling more than $100 will be submitted for approval prior to being incurred. PROJECT FEE SUMMARY Below Project Fees are reflective of discounted, nonprofit rates. Event Project Fees are reflective of (1) dedicated Project Manager’s time onsite from load-in to load-out of event. Phase II – Strategic Guidance & Consulting (Continued) January 2022 – October 2022 $ 9,500 Phase II - Event & Production Logistics: Open Streets Event – TBD Sunday, October 2nd, 2022 In-Kind Sponsorship Total $ 25,000 - $5,000 $ 20,000 Phase II - Event & Production Logistics: Culminating Event – TBD Saturday, October 8th, 2022 In-Kind Sponsorship Total $ 15,000 - $5,000 $ 10,000 For the below CE Group services, a Project Fee can be determined based on Scope of Services and application desired (Overall Anniversary and/or per each event) Integrated Communication - Public Relations & Marketing $ TBD Integrated Communication - Social Media Management $ TBD Creative Services – Event Identity $ TBD Creative Services – Event Collateral $ TBD Attachment A
  • 13. City of Alamo Heights to indicate sponsorship benefits to CE Group in writing when determined. The CE Group, Inc. will bill for Phase II Project Fees as outlined on the previous page ($39,500.00) in the following installments: • 25% ($9,875.00) due January 31st, 2022 • 25% ($9,875.00) due March 31st, 2022 • 25% ($9,875.00) due June 30th, 2022 • 25% ($9,875.00) due September 30th, 2022 The CE Group, Inc. is available to serve as the project expense clearinghouse, managing and paying either all or some of client approved, project related expenses. For this service, a nonprofit, discounted 10% service charge will be assessed per expense, not to include staffing or Project Fees. Paying project expenses requires the CE Group project manager(s) and business office to manage aspects of negotiating, contracting, billing, receiving payments, processing with vendors for W-9 and certificates of insurance, settling disputes, checking each line item and invoice for correct billing, and providing final reconciliation documents to the client. Each project can have multiple vendors and it is not uncommon for the number of vendors to be 20 or more. This service allows the client to pay one vendor, The CE Group, Inc. We are excited about this project and are eager to engage as your partner going forward. The CE Group, Inc. feels that trust, fairness and working together as a team to achieve bottom-line results are essential ingredients to a successful relationship. Projects take many hours to position, plan, promote and produce and you can count on our loyalty, honesty, creativity, professionalism and energy to make each effort a success. We appreciate your trust in our company and are ready to go to work! This proposal is effective for a period of thirty (30) days. If after that period no commitment has been made, The CE Group, Inc. reserves the right to adjust fees. We encourage your questions to reach a final agreement. Please contact Krista Friedman at (210) 862-9081 or kfriedman@cegroupinc.net THANK YOU FOR THE OPPORTUNITY TO SUBMIT THIS PROPOSAL. Attachment A
  • 14. Contract Terms CONTRACT made this 5th January 2022, between The CE Group, Inc., a Texas corporation, herein referred to as “Contractor” and City of Alamo Heights, the purchaser of project management herein referred to as “Client”. Recitals The CE Group enters into this agreement as an Independent Contractor and is hired to render project management on the terms and conditions provided for in this agreement. Contractor, as directed by client, is duly authorized to act as agent and on behalf of Client in all matters relating to the making of arrangements including, but not limited to, project management services, vendors, entertainment, transportation by air, railroad, motor bus, automobile or steamship or other common carrier. Such matters as described in this paragraph are hereinafter referred to as the “project,” and the applicable time period during which the project shall be performed is referred to as the “project operation.” Cancellation Terms (applies to any project being executed under the contract) • Project Cancellation up to 90 days Prior to Scheduled Date: If project is canceled prior to 90 days of project operation, a cancellation fee shall be calculated for time of work completed to date, at $100 per hour of services contracted for plus a total of all non-refundable deposits shall be paid by Client. • Project Cancellation up to 89-60 days Prior to Scheduled Date: If project is canceled 89-60 days prior to project operation, a cancellation fee of 65% of services contracted for plus a total of all non-refundable deposits shall be paid by Client. • Project Cancellation up to 59-30 days Prior to Scheduled Date: If project is canceled 59-30 days prior to project operation, a cancellation fee of 75% of services contracted for plus a total of all non-refundable deposits shall be paid by Client. • Project Cancellation up to 29-15 days Prior to Scheduled Date: If project is canceled 29-15 days prior to project operation, a cancellation fee of 85% of services contracted for plus a total of all non-refundable deposits shall be paid by Client. • Project Cancellation less than 14 days Prior to Scheduled Date: If project is canceled 14 days prior to project operation, a cancellation fee of 100% of services contracted for plus a total of all non-refundable deposits shall be paid by Client. Cancellation Terms (Staffing) If a project operation where CE Group personnel has been secured and scheduled is canceled less than 72 hours prior to project operation, a 3-hour minimum hourly rate, per person, shall be paid by Client. Postponement Policy Should the project date be rescheduled for any reason set forth by the client or due to acts of God, THE CE GROUP, INC. reserves the right to negotiate additional Project Fees to cover time spent for project managers to enact rescheduling planning to a later date. If Client requests to postpone the project for any reason, The CE Group, Inc. reserves the right to decline Client’s request and enforce the applicable cancellation terms. Service Fee The CE Group, Inc. is available to serve as the project expense clearinghouse, managing and paying all or some of client approved, project related expenses. For this service, a discounted, nonprofit 10% service charge will be assessed per expense, not to include staffing or Project Fees. Paying project expenses requires The CE Group project manager(s) and business office to manage all aspects of negotiating, contracting, billing, receiving payments, settling disputes, checking each line item and invoice for correct billing, and providing final reconciliation documents to the client. Every project has multiple vendors, and it is not uncommon for the number of vendors to be 20 or more. This service allows the client to pay one vendor, The CE Group. Government Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Authorized Agent The undersigned acting on behalf of Client warrants that he/she has the right and authority to enter into and to perform Client’s obligations under this Agreement. Attachment A
  • 15. Billing Schedule Client agrees to pay fees in accordance with schedule outlined in this contract. Unless schedule is outlined as a Retainer or otherwise, Client will be billed and agrees to pay one hundred percent of project fees prior to project date. Should The CE Group, Inc. process expense items on behalf of Client, Client will be billed and agrees to pay a significant percent of estimated expenses, due upon receipt. The final balance of expenses will be billed after project completion, due upon receipt, and will be accompanied by a detailed final expense sheet. Should a credit card be used as a form of payment, a 4% convenience charge will be added per transaction. Final Billing/Reconciliation A final invoice reflecting actual expense items incurred during project operation shall be sent to Client as soon as possible upon project conclusion and will be accompanied by a final expense sheet. Payment shall be due and payable upon receipt. Late Fees Payments are considered past due if not received within thirty days of billing date. A finance charge of 1.5% per month will be applied to all past due invoices. Indemnification To the extend allowed under Texas Law, Client agrees to defend, indemnify and hold Contractor harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the third party services made available by Contractor to Client under this Agreement, including without limitation claims made by third parties (including third party sub-contractors) related to any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by: any wrongful or negligent acts or omissions on the part of any of contractor’s suppliers or third party contractors; any wrongful, negligent, or otherwise unauthorized acts or omissions on the part of any third party common carrier, or other provider of transportation services; any wrongful or negligent acts or omissions on the part of any other person or party not under direct control or employ of Contractor, including guests of Client; but excluding those related to the gross negligence of Contractor. To the extend allowed under Texas Law, Client agrees to defend, indemnify and hold Contractor harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of any claim by a third party related to the potential or actual exposure or contraction of a bacterial or viral disease (including COVID-19) from the project, including any claim related to Client’s own negligence or the ordinary negligence of The CE Group, Inc. Costs of Collection/Attorney’s Fees Client agrees to pay all applicable charges on demand to Contractor, together with any collection costs or attorney’s fees. If Contractor brings a legal action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney’s fees. Disclaimer of Warranties Contractor’s services and project (together, the “Services”) are provided “as is,” and, except as provided herein, Contractor makes no warranties of any kind with respect to the Services, whether express or implied, oral or written, including but not limited to, the implied warranties of merchantability, and fitness for a particular purpose. Limitation of Liability Client acknowledges and agrees that in no event shall Contractor or its officers, directors, employees, or representatives be liable to Client or any other party for any special, indirect, reliance, incidental or consequential damages of any kind, loss of profits, or loss of goodwill resulting from the use of or inability to use the Services provided hereunder, even if Contractor has been notified of the likelihood of such damages occurring. Contractor’s maximum liability to Client for any cause whatsoever, regardless of the form of action, including, without limitation, whether in contract, tort or negligence, shall in no event exceed the amounts paid by Client under this Agreement. The CE Group, Inc. accepts no liability for the acts or project services provided of any third-party vendors. No Assignment Client may not assign or transfer this Agreement or any of its rights hereunder without the prior written consent of Contractor, which consent shall not be unreasonably withheld. In no event shall Client’s rights or obligations hereunder be assigned or assignable by operation of law or by any bankruptcy proceedings, and in no event shall this Agreement or any rights or privileges hereunder be an asset of Client under any bankruptcy, insolvency or reorganization proceedings. This Agreement and the transactions provided for herein shall be binding upon and inure to the benefit of the parties, their legal representatives, and permitted transferees, successors and assigns. Attachment A
  • 16. The CE Group, INC. Signature: Print Name: Date: City of Alamo Heights By: Print Name: Date: This proposal, and any content, documents, pricing, or creative concepts are developed exclusively by The CE Group, Inc., and all contents are proprietary. Any use, dissemination, distribution or copying of this proposal, any content, documents, pricing or creative concepts is strictly prohibited. Force Majeure Either party may terminate its performance obligations without liability to the extent its performance is affected by acts or occurrences beyond its control that makes it impossible to hold the Program or for THE CE GROUP, INC. to provide the services specified herein. The acts or occurrences that trigger the right of either party to terminate this Agreement under the terms of this section include, but are not limited to: acts of God, war, civil authority or government regulation (including advisories, quarantines and curfews), natural disaster, fire, strikes or other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism and responses thereto, an act or occurrence creating a significant risk to the participants’ health or safety (as determined by both parties), or affecting a party’s performance. This Agreement may be terminated without liability for any one of such reasons by written notice from one party to the other within ten (10) days from the Force Majeure act or occurrence. If the project is scheduled for less than ten (10) days from the Force Majeure event, notice must be received in writing within twenty-four (24) hours of the Force Majeure event. Should this Agreement be terminated according to the terms in this Section, THE CE GROUP, INC. will return to Client any payments previously paid by Client to THE CE GROUP, INC., less all of the following amounts which THE CE GROUP, INC. shall be entitled to retain: any non-recoverable and other out-of-pocket costs THE CE GROUP, INC. has paid or is obligated to pay to THE CE GROUP, INC.’s vendors, suppliers and subcontractors, and any costs (including labor) for which THE CE GROUP, INC. has otherwise incurred an obligation to pay, as of the time of the Force Majeure Termination, so long as such direct and/or indirect costs are supported by reasonable documentation. THE CE GROUP, INC. shall additionally not be liable for delays due to causes beyond its reasonable control. WHEREFORE, The parties have executed Agreement for Project Management Services in San Antonio, Texas on the date above first written. Costs of Collection/Intellectual Property & Associated Marketing Fees The CE Group, Inc. and Goods Collective, L.P. reserve the right to photograph and/or video project services, claim intellectual property of such materials and is permitted to use at their discretion for various portfolio and marketing uses, including social media outlets. Client is responsible and agrees to make project manager(s) aware of any special provisions or restrictions upon execution of this Agreement. Should Client use The CE Group, Inc. or Goods Collective, L.P. name, logo, artwork, photographs, videos or any other intellectual property in any instance, Client agrees to request accurate files and confirm correct usage of use in content. Attachment A