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Home My WebLink AboutPeter Kageyama Consultant For the Love fo SLO Community Events 2.20.13city of san luls OBISPO Final City Manager Approval ove a Date Approved City Administration Reviewer Routing List Reviewer Name Date Reviewed City Attorney Andrea Visveshwara 4/4/13 Finance & Information Technology Wayne Padilla 4/8/13 April 3, 2013 FROM: Derek Johnson, Community Development Director PREPARED BY: James David, Associate Planner - - -- - --- -- ----._ . .... - -- - _.. . -- - --- SUBJECT: Authorization of payment to consultant Peter Kageyama for services — rendered at For the Love of San Luis Obispo community events. RECOMMENDATION 1. Sign and execute the attached contract (Attachment 1) between Peter Kageyama and the City of San Luis Obispo. 2. Sign and execute the supplemental Reimbursement Agreement (Attachment 3) with the City of Goleta. 3. Sign the funding request letters for the "$500 Project" (Attachment 6). DISCUSSION Background On March 3'a through March Wh 2013, consultant Peter Kageyama spoke on multiple occasions in the City of San Luis Obispo (SLO) and the City of Goleta. Mr. Kageyama presented information on community -building and why emotional engagement matters in a place to local leadership, and hosted community workshops designed to promote community identity and foster civic pride. Mr. Kageyama spent a comparable amount of time in SLO and Goleta and his payment will be split evenly between both cities. Peter Kageyama, author of For the Love of Cities, asserts that people have "love affairs" with places and communities that are loved (cherished, protected, nurtured). He also asserts that cities that are loved flourish socially, environmentally, culturally, and economically. During Mr. Kageyama's SLO-based events, residents, nonprofit leaders, business community members, education representatives and staff came together in different venues to express what makes SLO lovable. These workshops allowed participants to explore what could enhance their love of SLO. There were many lovable characteristics, traditions, events and places participants identified during the main event (a three hour workshop that was attended by more than 100 people at the peak). These included the City's open space and parks; vibrant downtown with lots of locally Peter Kageyama (For the Love of San Luis Obispo) Contract Page 2 owned businesses; commitment to preserving our creek and protecting natural resources; bike and pedestrian friendly transportation system; the trees all over town, but most mentioned in the downtown; cultural and educational opportunities (Farmers' Markets, Cal Poly & Cuesta College, the Performing Arts Center, Concerts in the Plaza to name just a few) that outsize what would typically be available in a small city; and the friendliness and caring of the people. Staff has a role in facilitating, encouraging or achieving many of these lovable features, and others are wholly dependent on the commitment and actions of the community. FISCAL IMPACT The total payment due to Peter Kageyama is $13,171. This sum covers Mr. Kageyama's speaker fee ($10,000) and incidental costs ($3,171). The invoice submitted by Mr. Kageyama on March 12, 2013 itemizes each cost (Attachment 4). At the request of Mr. Kageyama, there is only one contract with one city, which is SLO. The City of Goleta will reimburse SLO for '/2 the total payment made to Peter Kageyama per the signed Reimbursement Agreement. Total amount due to SLO from Goleta is $6,585. hi addition, miscellaneous costs (Attachment 7) in the amount of $1,278 were incurred as part of SLO's community events only, bringing the total cost of the workshop series for SLO to $7,864. There was one additional cost for a "$500 Project" as an offshoot of the For the Love of San Luis Obispo workshop. Attendees participated in a small group competition, and one group was awarded $500 to create and implement a community project. This project was sponsored by the SLO County Community Foundation, the Chamber of Commerce and Rob Rossi. A draft funding request letter in included with the report (Attachment 6). Related City permitting or processing fees to implement the "$500 Project" will be waived. ALTERNATIVES The City Manager could renegotiate the contract with Peter Kageyama or the Reimbursement Agreement with the City of Goleta. This is not recommended since the For the Love of San Luis Obispo events were a big success, Mr. Kageyama reduced his regular rates as a courtesy, and the even split of costs with the City of Goleta is fair and equitable. ATTACHMENTS 1. Kageyama Contract and Exhibit A — Description of Work 2. Exhibit B — Consultant Proposal 3. Exhibit C — Goleta Reimbursement Agreement 4. Consultant Invoice 5. Consultant Receipts 6. "$500 Project" funding request letters 7. Miscellaneous Expense Report 8. Budget Amendment Request TACity Manager ReportACommunity Development\2013\For the Love\Contracts and Agreements AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on February 20, 2013 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as CITY, and Peter Kageyama, hereinafter referred to as CONSULTANT. WITNESSETH: WHEREAS, CITY desires CONSULTANT to (1) present information on community -building and why emotional engagement matters in a place to local leadership and (2) create and host a community workshop designed to promote community identity and foster civic pride; and WHEREAS, CITY desires CONSULTANT to accomplish this two-step process in two separate central California cities including CITY, and City of Goleta; and WHEREAS, CITY and City of Goleta have entered into a reimbursement agreement whereby the City of Goleta agrees to reimburse the CITY for costs incurred that relate to CONSULTANT providing services to the City of Goleta; and WHEREAS, CONSULTANT represents that he is qualified to perform the services required by this contract; and WHEREAS, CONSULTANT will provide services as described in the attached "Exhibit A". NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. INCORPORATION BY REFERENCE. CITY's general terms and conditions are attached hereto as Exhibit D are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, CITY will pay and CONSULTANT shall receive therefore compensation not to exceed $10,000, plus expenses for supplies and travel (economy class airfare, hotel and car rental) not to exceed $3,171, in a total sum of $13,171. CITY will receive reimbursement from City of Goleta for their fair share of CONSULTANT costs per the Reimbursement Agreement described in the attached "Exhibit C". 4. CONSULTANT'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONSULTANT agrees with CITY to provide services as described in Exhibits A and B attached hereto and incorporated into this Agreement. 1 Peter Kageyama Consultant Contract 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Community Development Department Attn: Derek Johnson City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 Consultant Peter Kageyama 200 4" Ave. South 9314 St. Petersburg, FL 33701 8. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and CONSULTANT do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. - ATTEST: Ci for - n eve Or' s v /3 APPROVED AS TO FORM: i City Attorney Christine Dietrick CITY OF SAN LUIS OBIS 0 B B - Yanager Katie Lichtigg CONSULTANT Peter Kageyama Peter Kageyama Consultant Contract rITARIM r, Deliverables: Exhibit A W g, M I Community Tour 2 Dinner with Stakeholders 3 Presentation with Local Leadership 4 "For the Love" Community Workshop 5 Graphic recording of Workshop results 6 Presentation to City staff Anticipated Dates (subject to change): March Sunday Monda Tuesday Wednesday Thursday Friday Q V,, Arrive San Luis Free Day San Luis Goleta Goleta A.M. Obispo Obispo A.M. San Luis Obispo I I Goleta P.M. Depart Exhibit B Attachment 2 Peter Kageyama September 19, 2012 "Tour of California" Hello — I wanted to follow up on my offer from the League of California Cities event in San Diego. Recall I had said that if we can group several cities together we can make it more cost effective and efficient for you and for me! To that end, I have looked at the cities that expressed interest at the conference and have grouped you into this proposal. The engagement will be based on my book, For the Love of Cities, and will educate the community on why an emotional connection to a place matters and create a process for engaging people in becoming part of the solution in the city they care about. I will extract themes and ideas from that are key to your cities to ensure that your main issues and agenda items are integrated into the workshop. I propose a three city tour that would allow me to engage with each of your communities for about 2 days. In order to do that, the schedule would need to look something like this: Proposed Schedule: • Arrive on a Sunday — tour of Community #1 in afternoon; dinner with stakeholders (optional) • Monday — morning presentation to traditional leadership, ex. breakfast meeting in community #1. Set up room for afternoon workshop. Community workshop begins approx. 1:30pm, wraps 4:30pm; shift to community #2. Optional dinner with community #2 stakeholders. • Tuesday — morning tour of community #2; afternoon meetings with stakeholders and review of venues. • Wednesday — morning presentation to traditional leadership, as in city #1 — Chamber of Commerce, Council, etc. Set up room for afternoon workshop. Community workshop begins approx. 1:30pm, wraps 4:30pm; shift to community #3. Optional dinner with community #3 stakeholders. • Thursday - —morning tour of community #3; afternoon meetings with stakeholders and review of venues. • Friday — morning presentation to traditional leadership in city #3. Set up room for afternoon workshop. Community workshop begins approx. 1:30pm, wraps 4:30pm; Happy Hour somewhere! • Depart on Saturday C, Peter Kageyama September 19, 2012 My partner, Michelle Royal will travel with me and provide graphic recording of each community workshop. During the session we create a large-scale mural that graphically captures all of the ideas that are generated that day. This eliminates the need for participants to take notes themselves and creates an easily understandable and sharable "artifact' that survives the day. Part One: Speaking Engagement with Traditional Leadership Format: This would be stand-alone session, ideally at a breakfast or lunch meeting. The format would be 45 minutes of presentation with time left for Q&A. Topic: This is essentially the keynote presentation you heard me give in San Diego. It is based on my book, For the Love of Cities and uses that as a framework for developing community action. My central premise is that emotional connections, `love" for lack of a better word, is a key natural resource for communities. The presentation discusses how to grow and expand that love, how it manifests in community action and how it can be the key ingredient in a community based approach to social and economic development. I also discuss the critical role that these "unofficial' actors play in community development and how cities need to leverage these resources as traditional budgets for infrastructure, events, arts, culture, etc. have disappeared. Who Attends: The Target Audience for part one would be the traditional leadership from the business, government, not for profit and educational Peter Kageyama September 19, 2012 leadership communities. These groups would likely attend a keynote type presentation, particularly if lunch or breakfast is part of the event. One key aspect of this talk is to emphasize the emerging role that non-traditional players have in community making and how it is their job to tap into this group and find room for them at the table. Timing: Ideally we do this in the morning, prior to the afternoon community workshop (outlined above). It is possible to do this as a lunch-time event in which case we combine the two elements. We invite the workshop attendees to hear the lunchtime presentation. We start the workshop after lunch. This assumes that the lunch venue and workshop venue are the same. It does complicate things if you need to charge for the lunch. Ideally you make the community workshop free so as to bring in a broader audience. Most people are used to the idea of paying for a Chamber breakfast. Part Two: Workshop with the broad community Format: The heart of the engagement is a half -day workshop (ex. For the Love of Holyoke) that would allow for a meaningful engagement with a large group of participants (100 —150 participants is ideal). Again this event should ideally be free to participants. Objective: The central element of the workshop is to get people to examine and discuss what they love about their city and how we can increase that emotional engagement. We will get them to think creatively about what they can do to increase the love of their city and hopefully spur some of them to take action. Who Attends: This target audience is more of the practitioners and doers in the community. The CEOs, organizational leaders and elected officials are less likely to attend a half -day event but they can send their staff and key people. Additionally we would hope to attract those activist citizens throughout the community and network them together. This would be an ideal event for young professionals and up and coming leaders of the community to participate in, as they will be the ones that ultimately build what we discuss. One element I stress is the need to target select communities of interest who may feel disenfranchised or neglected in the city making process. With your help, we will make specific outreach to those groups to get them to participate. Why This Is Different: Most community workshops deal with technical or overtly political issues that many people feel unqualified to speak upon. Because our event deals with the things that people love, hate and engage with in their Peter Kageyama September 19, 2012 respective communities, the subject matter is not intimidating and promotes broader participation. And because of the inclusive approach we use to get people into the workshop, we usually have a highly representative mix of community members. $500 Impact: The last exercise of the workshop is called the "$500 Project" and it brainstorms how you can make your city a better, more lovable community with a budget of just $500. We have seen some amazingly creative ideas flow out of this process and a great way to sustain and continue the engagement would be to secure $500 (or more) to actually fund one of the projects that is created. The participants would vote on the winner and assign champions to move the project forward. This small investment would encourage and empower citizens to take their own actions and be less dependent on official funders such as the city or the community foundation. Suggested Venue: While hotel ballrooms are perfectly fine, if you had a more creative space for the workshop that would be fun. We have done workshops in museums and sports facilities so perhaps you have something interesting in mind. Outcomes: In other communities we have seen new coalitions form around the ideas generated at the workshop. We have seen local philanthropic organizations change their funding programs to accommodate "micro financing" needs within their communities. We have seen new businesses start. We have seen private funding emerge to fund projects generated at the event. We have seen more people "get in the game" and become part of their community's solution to being a better city. Common Questions Why does this matter to my community? Many people feel ill-equipped to comment on or engage with matters such as economic development, cultural planning or environmental sustainability. But by turning this conversation into emotionally relatable terms, we bring many more people into the community building process. People feel that they have a say and therefore a stake in the development process and they take ownership of at least part of the solution for their city. In the current economic climate, communities need the support of the grassroots citizens in order to create any kind of sustained action. With limited top down budgets, we need the excitement and energy that engaged citizens bring in order to create momentum for any future efforts. Peter Kageyama September 19, 2012 Note this is not a substitute for a strategic planning process but rather a way to enhance an existing plan or lays the ground work for a future planning process. What kind of benefits can I expect in my city? One key point to consider for all cities is the fact that traditional resources from government, business and the philanthropic sectors have become very scarce. In order for communities to survive and move forward it is critical to find new sources for community development and I believe that the love, passion and engagement of committed citizens is an extraordinary source of opportunity for those cities. If you are able to tap into the creative and entrepreneurial capacity of your engaged citizens, they will do amazing things for their cities; things that cities would otherwise not be able to afford or organize. Building this "emotional capital" in our communities will pay immense dividends to our cash strapped cities and provide fuel for future grassroots efforts. What Does This Cost? Fee for each city would be $4000 plus share of expenses. Each community would pay one third of the travel expenses (economy airfare for two, ground transport, parking). Each city would be responsible for providing us with a hotel room while in town. Note Michelle and I are life partners as well as partners in this process so one room is sufficient. Description for Each City Fee Speaking, Facilitation for each city $4000 Supplies — paper, markers, post its, etc. $100 (Estimated) Travel expenses (economy class + hotel) $800 (Estimated) Total $4,900 each This is based on three cities over that outlined week. Other Possible Expenses • Facility rental (ideally donated as part of the venue's support of program and listing as a sponsor) • Technology and AV rental (if venue does not have equipment) • Food and beverage for the two sessions. (Keep it simple; water, coffee) • Suggest a small amount of project funding for the workshop as the $500 Project. Peter Kageyama September 19, 2012 Possible Dates: We would look into 2013 for dates at this point. I already have a few key dates reserved for engagements but broadly speaking the calendar is pretty flexible at this time. Note that February is being held for Michelle and I to return to New Zealand and do a lot of what we outlined here! Next Steps: If three of your communities can agree in principle to move forward, we can start the scheduling and contract phase with each of you. m 4-i CITY OF ham. GOLETA March 26, 2013 City of San Luis Obispo CITY COUNCIL Attn: Katie Lichtig, City Manager Roger S. Aceves 990 Palm Street Mayor San Luis Obispo, CA 93401 Michael T. Bennett RE: For the Love of Central California Cities Reimbursement Mayor Pro Tempore Agreement Edward Easton Councilmember Dear Ms. Lichtig, Jim Farr Councilmember Thank you for your interest and commitment to the City of Goleta. Paula Perotte Councilmember Enclosed you will find an Reimbursement Agreement between the City of Goleta and the City of San Luis Obispo for 'Y2 of the actual total service cost and incidental costs incurred. Please include two CITY MANAGER authorized officer signatures on both originals and return one copy to Daniel Singer me at the address below. If you have any questions, feel free to contact Daniel Singer, City Manager, at (805) 961-7501. Sincere , Liana Campos Deputy City Clerk Enclosures cc: Daniel Singer, City Manager Deborah S. Lopez, City Clerk 130 Cremona Drive, Suite B, Goleta, CA 93117 v 805.961.7500 F 805.685.2635 www.cityofgolem.org This Reimbursement Agreement ("Agreement") is made on March 3, 2013 by and between the City of San Luis Obispo and the City of Goleta ("Cities"). RECITALS This Agreement is made with respect to the following facts: A. The Cities desire Peter Kageyama ("Consultant") to 1) present information on community -building and why emotional engagement matters in a place to local leadership and (2) create and host a community workshop designed to promote community identity and foster civic pride. B. The Cities desire Consultant to accomplish this two-step process in two separate central California cities including the City of San Luis Obispo and the City of Goleta. C. Consultant desires one contract with a lead agency, which will be the City of San Luis Obispo. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, Cities agree as follows: 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the Cities have entered into this Agreement. The Cities each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City of San Luis Obispo to pay for Consultant. The City of San Luis Obispo shall pay the Consultant for all actual costs incurred for the Consultant's services. Consultant services are estimated to cost $10,000 ("Service Cost"), plus necessary expenses for supplies and travel (economy class airfare, hotel and car rental) ("Incidental Costs"). Incidental Costs are estimated to be $3,171. The City of San Luis Obispo's payment to the Consultant shall not exceed $13 171. 3. City of Goleta's Reimbursement to City of San Luis Obispo. The City of Goleta shall reimburse the City of San Luis Obispo for 1/2 of the actual total Service Cost and Incidental Costs incurred. The City of Goleta's estimated payment to the City of San Luis Obispo is $6,585. The City of Goleta's payment shall be made within thirty (30) business days of the date that the City of San Luis Obispo presents an invoice to the City of Goleta for payment with supporting documentation. Failure to make timely payment shall result in interest accrual of 1.5 percent per annum. 4. Indemnification: City of Goleta agrees to defend, indemnify, protect and hold the City of San Luis Obispo and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City of Goleta and/or its employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City of For the Love of Central California Cities Reimbursement Goleta, and its agents, officers or employees, in connection with receiving Consultant's services, and all expenses of investigating and defending against same; provided, however, that City of Goleta's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City of San Luis Obispo, its agents, officers or employees. City of San Luis Obispo agrees to defend, indemnify, protect and hold the City of Goleta and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City of Goleta and/or its employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City of San Luis Obispo, and its agents, officers or employees, in connection with receiving Consultant's services, and all expenses of investigating and defending against same; provided, however, that City of San Luis Obispo's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City of Goleta, its agents, officers or employees. 5. Cities and Consultant to Cooperate. The Cities and Consultant shall cooperate in good faith with each other. Cities and Consultant will instruct their agents, employees, and attorneys to reasonably cooperate with each city and Consultant, and to provide all necessary documents or information reasonably requested of them by the other cities or Consultant; provided, however, that the foregoing shall not require the disclosure of any documents or information of Cities or Consultant which they consider or by law is privileged, proprietary, confidential, or exempt from disclosure under the Public Records Act. 6. Term. The term of this Agreement shall commence on March 3, 2013 and shall terminate upon acceptance or completion of Consultant services. The City of Goleta's obligation to reimburse the City of San Luis Obispo as provided in this Agreement shall survive early termination of the Consultant's contract. 7. Remedies Upon Default. An event of default shall be deemed to exist upon the occurrence of all of the following: (a) The City of Goleta or City of San Luis Obispo has, without legal justification or excuse, breached any one or more of its obligations under this Agreement; and (b) The non -defaulting party has sent written notice to the party claimed to be in default, specifying the default and what actions the non -defaulting party asserts should be taken to remedy the default; and (c) The party claimed to be in default has not, within ten (10) days following receipt of the written notice described above, either corrected the default or taken actions, reasonably satisfactory to the non -defaulting party, to remedy the default within a reasonable period of time, but in no event longer than thirty (30) days after receipt of the written notice described in (b) above. -2- For the Love of Central California Cities Reimbursement Agreement Following an event of default, the non -defaulting party or parties, may exercise any and all remedies available to it pursuant to this Agreement, or at law or in equity, including, without limitation, instituting an action for damages, injunctive relief, or specific performance. 8. Non -Waiver of Rights or Remedies. The failure of a party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that parry's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right to remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement. 9. No Oral Modifications. This Agreement represents the entire understanding of the Cities and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified only by a writing signed by the authorized representatives of the Cities. 10. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the Cities and their respective officers, elected officials, consultants, agents, contractors, and permitted successors and assigns. 11. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of San Luis Obispo, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Luis Obispo, California. The Cities hereby each consent to the personal jurisdiction of the court in any such action or proceeding. 12. Covenant of Further Assurances. The Cities shall take all other actions and execute all other documents which are reasonably necessary to effectuate this Agreement. 13. Interpretation. This Agreement is the product of mutual negotiations and is an arms - length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. The terms of this Agreement shall be construed in accordance with the meaning of the language and shall not be construed for or against either party by reason of authorship and the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement, the finder of fact shall give effect to the mutual intention of the Cities, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the Cities. 14. Headinizs. The headings of each section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each section. 15. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that parry's execution of this Agreement have been satisfied and that he or 3- For the Love of Central California Cities Reimbursement she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 16. Notices. Notices required under this Agreement shall be sent to the following: If to the City of San Luis Obispo: If to the City Of Goleta: City of San Luis Obispo Attn: City Manager 990 Palm Street San Luis Obispo, CA 93401-3249 Facsimile No. (805) 781-7109 City of Goleta 130 Cremona Drive Goleta, CA 93117 Notices given pursuant to this Agreement shall be deemed received as follows: (a) If sent by United States Mail — five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (b) If by facsimile — upon transmission and actual receipt by the receiving party. (c) If by express courier service or hand delivered — on the date of receipt by the receiving party. The addresses to notices set forth in this Section may be changed upon written notice of such change to the Cities, as appropriate. 17. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall mean calendar, not business, days. CITY OF SAN LUIS OBISPO A Municipal Corporation B C Oy e 1Z Ciiy anager, San Luis Obispo ATTEST: City Clerk, San Luis Obispo APPROVED AS TO FORM: itAttom y, SanLuis Obispo cit 4- For the Love of Central California Cities Reimbursement ATTEST: City Clem APPROVED AS TO FORM: --7 141 X City Attorney, Goleta CITY OF GOLETA A Municipal Corporation C By: City Manager, Goleta 5- This Reimbursement Agreement ("Agreement") is made on March 31 2013 by and between the City of San Luis Obispo and the City of Goleta ("Cities"). RECITALS This Agreement is made with respect to the following facts: A. The Cities desire Peter Kageyama ("Consultant") to 1) present information on community -building and why emotional engagement matters in a place to local leadership and (2) create and host a community workshop designed to promote community identity and foster civic pride. B. The Cities desire Consultant to accomplish this two-step process in two separate central California cities including the City of San Luis Obispo and the City of Goleta. C. Consultant desires one contract with a lead agency, which will be the City of San Luis Obispo. AGREEMENT NOW, THEREFORE, in consideration of the following mutual promises and agreements, Cities agree as follows: 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the Cities have entered into this Agreement. The Cities each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. City of San Luis Obispo to pay for Consultant. The City of San Luis Obispo shall pay the Consultant for all actual costs incurred for the Consultant's services. Consultant services are estimated to cost $10,000 ("Service Cost"), plus necessary expenses for supplies and travel (economy class airfare, hotel and car rental) ("Incidental Costs"). Incidental Costs are estimated to be $3,171. The City of San Luis Obispo's payment to the Consultant shall not exceed $13,171. 3. City of Goleta's Reimbursement to City of San Luis Obispo. The City of Goleta shall reimburse the City of San Luis Obispo for 1/2 of the actual total Service Cost and Incidental Costs incurred. The City of Goleta's estimated payment to the City of San Luis Obispo is $6,585. The City of Goleta's payment shall be made within thirty (30) business days of the date that the City of San Luis Obispo presents an invoice to the City of Goleta for payment with supporting documentation. Failure to make timely payment shall result in interest accrual of 1.5 percent per annum. 4. Indemnification: City of Goleta agrees to defend, indemnify, protect and hold the City of San Luis Obispo and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City of Goleta and/or its employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City of For the Love of Central California Cities Reimbursement Goleta, and its agents, officers or employees, in connection with receiving Consultant's services, and all expenses of investigating and defending against same; provided, however, that City of Goleta's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City of San Luis Obispo, its agents, officers or employees. City of San Luis Obispo agrees to defend, indemnify, protect and hold the City of Goleta and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to City of Goleta and/or its employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City of San Luis Obispo, and its agents, officers or employees, in connection with receiving Consultant's services, and all expenses of investigating and defending against same; provided, however, that City of San Luis Obispo's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City of Goleta, its agents, officers or employees. 5. Cities and Consultant to Cooperate. The Cities and Consultant shall cooperate in good faith with each other. Cities and Consultant will instruct their agents, employees, and attorneys to reasonably cooperate with each city and Consultant, and to provide all necessary documents or information reasonably requested of them by the other cities or Consultant; provided, however, that the foregoing shall not require the disclosure of any documents or information of Cities or Consultant which they consider or by law is privileged, proprietary, confidential, or exempt from disclosure under the Public Records Act. 6. Term. The term of this Agreement shall commence on March 3, 2013 and shall terminate upon acceptance or completion of Consultant services. The City of Goleta's obligation to reimburse the City of San Luis Obispo as provided in this Agreement shall survive early termination of the Consultant's contract. 7. Remedies Upon Default. An event of default shall be deemed to exist upon the occurrence of all of the following: (a) The City of Goleta or City of San Luis Obispo has, without legal justification or excuse, breached any one or more of its obligations under this Agreement; and (b) The non -defaulting party has sent written notice to the party claimed to be in default, specifying the default and what actions the non -defaulting party asserts should be taken to remedy the default; and (c) The parry claimed to be in default has not, within ten (10) days following receipt of the written notice described above, either corrected the default or taken actions, reasonably satisfactory to the non -defaulting party, to remedy the default within a reasonable period of time, but in no event longer than thirty (30) days after receipt of the written notice described in (b) above. 2- For the Love of Central California Cities Reimbursement Following an event of default, the non -defaulting party or parties, may exercise any and all remedies available to it pursuant to this Agreement, or at law or in equity, including, without limitation, instituting an action for damages, injunctive relief, or specific performance. 8. Non -Waiver of Rights or Remedies. The failure of a party to exercise any one or more of its rights or remedies under this Agreement shall not constitute a waiver of that party's right to enforce that right or seek that remedy in the future. No course of conduct or act of forbearance on any one or more occasions by any party to this Agreement shall preclude that party from asserting any right to remedy available to it in the future. No course of conduct or act of forbearance on any one or more occasions shall be deemed to be an implied modification of the terms of this Agreement. 9. No Oral Modifications. This Agreement represents the entire understanding of the Cities and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified only by a writing signed by the authorized representatives of the Cities. 10. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the Cities and their respective officers, elected officials, consultants, agents, contractors, and permitted successors and assigns. 11. Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of San Luis Obispo, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Luis Obispo, California. The Cities hereby each consent to the personal jurisdiction of the court in any such action or proceeding. 12. Covenant of Further Assurances. The Cities shall take all other actions and execute all other documents which are reasonably necessary to effectuate this Agreement. 13. Interpretation. This Agreement is the product of mutual negotiations and is an arms - length transaction. Each party has negotiated this Agreement with the advice and assistance of legal counsel of its own choosing. The terms of this Agreement shall be construed in accordance with the meaning of the language and shall not be construed for or against either party by reason of authorship and the rule that ambiguities in a document shall be construed against the drafter of the document shall have no application to this Agreement. In construing and interpreting this Agreement; the finder of fact shall give effect to the mutual intention of the Cities, notwithstanding such ambiguity, and may refer to the facts and circumstances under which this Agreement is made and'such other extraneous evidence as may assist the finder of fact in ascertaining the intent of the Cities. 14. Headings. The headings of each section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each section. 15. Representations of Authority. Each party signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants to the other party that all necessary legal prerequisites to that party's execution of this Agreement have been satisfied and that he or 3- For the Love of Central California Cities Reimbursement she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. 16. Notices. Notices required under this Agreement shall be sent to the following: If to the City of San Luis Obispo: If to the City Of Goleta: City of San Luis Obispo Attn: City Manager 990 Palm Street San Luis Obispo, CA 93401-3249 Facsimile No. (805) 781-7109 City of Goleta 130 Cremona Drive Goleta, CA 93117 Notices given pursuant to this Agreement shall be deemed received as follows: (a) If sent by United States Mail — five (5) calendar days after deposit into the United States Mail, first class postage prepaid. (b) If by facsimile — upon transmission and actual receipt by the receiving party. (c) If by express courier service or hand delivered — on the date of receipt by the receiving party. The addresses to notices set forth in this Section may be changed upon written notice of such change to the Cities, as appropriate. 17. Days. Unless otherwise specified to the contrary, "days" in this Agreement shall mean calendar, not business, days. CITY OF SAN LUIS OBISPO A Municipal Corporation B City a ager, San Luis Obispo AY MT: Y , City Clefk. San Lui Obispo APPROVED AS TO FORM: rty, Attorney, San Luis Obispo -4- For the Love of Central California Cities Reimbursement ATTEST: ty Clerk, G le APPROVED AS TO FORM: 7VX City Attorney, Goleta CITY OF GOLETA A Municipal Corporation VL By.SL� City Manager, Goleta -5- Sextant Marketing Group 337 4 h Ave. South St. Petersburg, FL 33701 T: (727) 643-8498 sext nt mareting group INVOICE INVOICE TO: City of San Luis Obispo Attention: James David Invoice Number: 1689 Invoice Date: 3/12/13 Keynote & Workshop presentations in SLO & Goleta Car rental Insurance Outbound air— Peter Kageyama Outbound air— Michelle Royal Return air — Peter Kageyama Return air— Michelle Royal Goleta hotel SLO hotel Parking Baggagefees 6 books @ $15 for Goleta 4 books @ $15 for SLO Total Due Checks Payable to Sextant Marketing Group Mail to: Sextant Marketing 337 4"' Ave. South St. Petersburg, FL 33701 Attachment 4 $10,000 $368.02 $19.99 $501.20 $501.20 $358.90 $358.90 $320.67 $461.41 $58 $75 $90 $60 $13,173.29 USD or;c,na.l 2grac.a tie on ��n'F�dcT ��2.29 ovQ.r, COURWA-RU A&arr10tt Courtyard by Marriott 401 Storke Rd Goleta, CA 93117 T 805.968.0500 OOMar13 Room Charge 06Mar13 city tax 06Marl3 TBID Assessment 06Mar13 Calif/Local Tourism Fee 07Mar13 Market Fresh Food 07Mar13 Room Charge 07Mar13 - City Tax 07Mar13 TBID Assessment 07Mar13 Calif/Local Tourism Fee 08Mar13 Market Sundries 08Mar13 Restaurant Tax 08Mar13 Visa Card #: VlXXXXXXXX 0=0380/XXXX Amount: 320.67 Auth:093040 Signature on File This card was etectronicallyswiped on 06Mar13 Balance: Attachment 5 139.00 16.68 1.50 0.65 3.00 139.00 16.68 1.50 0.65 1.86 0,15 320.67 0.00 As a Rewards Member, you could have earned points toward your free dream vacation today. Start earning points and elite status, plus enjoy exclusive member offers. Enroll today at the front desk. Want your final hotel bill by email? Just ask the Front Desk! See "Internet Privacy Statement' on Marriott.com. i Account: 272133136 Quality Suites (CA702) C _ r Date: 316/13 x 1631 Monterey St. Room: 227 BAR " San Luis Obispo, CA 93401 Arrival Date: 313113 (805)541-5001 Departure Date: 3/6/13 ysuitessio.com l gnewa@qycom gnewland@qualit av cxorce xar[�s Check In Time: ,.3/3/1312:25 PM Check Out Time;. KAGEYAMA, PETER Rewards Program ID: You were checked out by: 919 PALM STREET You were checked in by. kcudli1 ca702 SAN LUIS OBISPO, CA 93401 Total Balance Due: 0.00 Post Date Descntt°�„ gyp. "' .I Comment ' ;, ' Amount _ :" , , , ,F ... „i 313/13 Room Charge �. #227 KAGEYAMA, PETER 131.99 3/3/13 State Tax t, 13,20 3/3/13 Other Tax 4 64 3/4/13 `: Room Charge #227 KAGEYAMA, PETER 139 S9 3/4113 State Tax 14.00 3/4/13 Other Tax 2.80 3/5113 r Room Charge # 27rjCAGEYAMA, PETER, 139,99 315113 State Tax 14.00 315/13 Other Tax : 2.80 3/6/13 Visa Payment > (461.41) XXXXXXXXXXXXQ380— _f f r r vg, a�aaa� r`el 'u h r1 ! "� 4 i . ,"1 3 ' t : It- fa/t3,� r° )r.: r „" Room Charge ;�,., 411,97 State Tax r.... 47.20 Other Tax 8.24 *Visa Payment ', 061.41) Balance Due:D.00 i This rate is eligible for partner rewards,. If this rate is changed, you may no longer be entitled to partner regards 3„ If payment by credit card, I agree to pay1he above total chafe amount(, according to the Card issuer agreement t For convenience, we have prepared this zero -balance folr'lkclicating a 0.00 balance on your account. Please be your advised that any charges not reflected on this folio will be charged to the credit card on file with the hotel. While this s folio reflects a 0.00 balance, your credit,card may not be cha fged until after your departure. You are ultimately responsible for paying all oft4yo'urfolio charges: in full. ` '.x cxoiceprivileges Rewards are wafting for you G rt TAMPA AIRPORT PARKING (81) 87m-8791 016800 03,119 06;34 F7 21 VISA $58.00 XXXXXXXXXXXX0380 I UNIIED g " KAGEYAMA/PETER g WKNOT VALID FOR*W A*TRANSPORTATIONM O- m g SBA GB LAX max,' 1 FIAST CHECKED BAG 3.00 usD zs.00 Io � E' USD 25.00 A STAR ALLIANCE MEMBER ..T PASSENGER RECEIPT 16F1 EXCESS BAGGAGE 08MAR13 US TICKET PN/B5606O /SANTA BARBARA THIS IS YOUR RECEIPTI. PSGR TICKET 03772381745366 MKW7R8 AXXXXXXXXXXXXX1003/XXXX/105BB6 1 016 2605929736 5 FOR CONDITIONS OF CONTRACT - SEE PASSENGER TICKET AND BAGGAGE CHECK NOT VALID FOR TRAVEL SAVMblb Sll unvui dul O1 mn mN 00"US USII IV-LU1 9NIAld uoA nUA )INVIII 3nlVA HSV) ON XVl LZ998SV0£ZL£0 N38WNN 1N3WILNUO 00'0S . OSn -. 3LV3 WN2 3a w BOA oZ 53339V8n3 NLntld /Wo)' SAVF{nivsn (H893Atl 91 09 35V3 d `g1d�V AVW ) q�1Hd'Vd1S9FOfOfOFTOZS6TZ0ETOZ9E56LtnEZ[CEO ON300'OS Ji OSn 0000 00.,( 5333 a3Nlntld 3NIl8IV nN1 X 11V'd 1�0) 000'00 '66 0406 00 (20) 0000 00 (NO) 0000 00 (ev) 0000 00 (9E)0000 tl,NO ski 51H9I9i a00A d0 NO .iS 00 '(8000'09 ZO (EP) 333 39V39V8 '.)3/ ZVTFLO/XXXX/08EOXXXXXXXXXXXXIA dA 1 .I 333 783 333 333 bOETT� 8bwE0 A ZS66 Sn J83 9V8: SS3JX3 VOOOT 0,1 'WON -I IVAINHV I - 11313d/VWVA39V)I -WM3N 13NDI1-3 V, )Dno38 Et vw Sn/ND619V H3mW3 aONV;11b tltll5tl .SAVMIIIVSn ,S7i "MZIIV SIl Transaction Date: 03/08/2013 Fri ..... .........._... .......... .......... ....._.............. ., ..... I ... ....... .... Transaction Description: ......... ................ .....,....... Budget Rent A Car SLSan Luis CA AUTOMOBILE RENTAL Location Date Rental :San Luis CA Rental : SAN LUIS OBISPO Agreement Number: SLOAP-4222 Renter Name: PETER KAGEYAMA Charge Ref. Number: Amount $: 368.02 .......... ___.. ..__...... .,.......,. . _....._...._ _........_..,... Doing Business As: ._._..._.......... ._........._. ...._.._... BUDGET RENT A CAR Merchant Address: 901 AIRPORT DR STE 3 SAN LUIS OBISPO CA 93401-8368 UNITED STATES .... ..... _..,. ..... ____...... ...._........ .. . ___....... . _.............. ._ ... Reference Number: ,......._... ... _....................... 320130690231777361 ................. .._......._. _............... .. _.._.......... ............... ................ ...I .... ...... ............_.... ............_ Category: Travel -Vehicle Rental Transaction Date: 03/11/2013 Mon __....,....,............................._..........................,..........._.,....... ................._.......................................... ..... ............ ...,...................... Transaction Description: - ................... ............. PREM CAR RENTAL PROTECTION 800-326-2078 BUDGET RENT A C $368.02 08/03/2013 ..................... ............ ._,....._....._ ........_.. __....... ..__..... ............. Amount $: .........._.... .................. 19.95 Doing Business As: PREMIUM CAR RENTAL INSUR Merchant Address: 43RD FLOOR 200 VESEY STREET NEW YORK NY 10285 UNITED STATES ...._... ........._.,_ .._.......... Reference Number: ............... ..._......__ ..,....,...._ .._.......__. .. 320130700243942050 Category: Business Services - Insurance Services April 3, 2013 Rob Rossi 750 Pismo Street San Luis Obispo, CA 93401 SUBJECT: For the Love of San Luis Obispo "$500 Project" Dear Rob, The For the Love of San Luis Obispo community workshops led by Peter Kageyama were a huge success! It was great to see residents, nonprofit leaders, business community members, education representatives and City staffers come together in different venues to express what makes SLO lovable. These workshops allowed participants to explore what could enhance their love of SLO, and one enhancement we can get started on right now is the 1500 Project" you generously pledged to help support! As you may recall, the winning team proposed "SLO Smiles" which is a mural made up of smiling photographs of visitors to Farmers' Market. The idea is to post the mural on a prominent location like on the side of the Anderson Hotel. I am hopeful that this team, that was made up of several long-term residents and two or three Cal Poly graduate students, will be able to implement their idea! Please make your financial contribution of 175 in the form of a check made payable to the City of SLO to our Community Development Director, Derek Johnson. His office is located at 919 Palm Street, San Luis Obispo, CA 93401. Feel free to stop by or send via mail. Thanks again for your participation in the For the Love of San Luis Obispo events, and I am especially grateful for your sponsorship of this resident -initiated project. If you have any questions, or if you need additional information, please contact James David in the Planning Division at (805) 781-7576. Sincerely, Katie Lichtig, City Manager City of San Luis Obispo April 3, 2013 Ermina Karim San Luis Obispo Chamber of Commerce 895 Monterey Street San Luis Obispo, CA 93401 SUBJECT: For the Love of San Luis Obispo "$500 Project" Dear Ermina, The For the Love of San Luis Obispo community workshops led by Peter Kageyama were a huge success! It was great to see residents, nonprofit leaders, business community members, education representatives and City staffers come together in different venues to express what makes SLO lovable. These workshops allowed participants to explore what could enhance their love of SLO, and one enhancement we can get started on right now is the "$500 Project" you generously pledged to help support! As you may recall, the winning team proposed "SLO Smiles" which is a mural made up of smiling photographs of visitors to Farmers' Market. The idea is to post the mural on a prominent location like on the side of the Anderson Hotel. I am hopeful that this team, that was made up of several long-term residents and two or three Cal Poly graduate students, will be able to implement their idea! Please make your financial contribution of 163 in the form of a check made payable to the City of SLO to our Community Development Director, Derek Johnson. His office is located at 919 Palm Street, San Luis Obispo, CA 93401. Feel free to stop by or send via mail. Thanks again for your participation in the For the Love of San Luis Obispo events, and I am especially grateful for your sponsorship of this resident -initiated project. If you have any questions, or if you need additional information, please contact James David in the Planning Division at (805) 781-7576. Sincerely, Katie Lichtig, City Manager City of San Luis Obispo Attachment 7 For the Love of Cities - Expense Report Sunday Dinner (Buono Tavola) $ 729.00 Meeting Supplies (Office Depot) $ 341.00 Meeting Supplies (Starbucks) $ 135.00 Meeting Supplies (Amazon) $25.00 Total Cost $ 1,278.00 ulllllllllllll �� lllljl �� l city of san Luis owspo suacet amendment aequest NUMBER Requesting Department IFund Name Fund No. Community Development General Fund 100 I-4 ATA M0111 BLI Account Description Revenue Account No. Budget Currentl Changel Revised TOTAL FXPF.NnTTTTRF.0 Account Description General Ledger No, Capital Project No. Budget Program Account Project Phase Current Change Revised Ventures & Contingencies 26100 7303 (7,864.00) LR Project Fees & Expenses 40400 72871 1 7,864.00 TOTAL PURPOSE Transfer the funds from Ventures & Contigencies per the approved CM Report. Depa4pefit Head Date IDirector of Finance Date City M na er Date I Entered By Date la I/FinancialManagement Templates and Forms/Bud Amend Page of