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HomeMy WebLinkAbout08/03/2001, C12 - REGIONAL MARKETING SERVICES AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION (EVC) OF SAN LUIS OBIS council ° -3x01 j ac Enda Report c lz C I TY OF S AN L U IS O B I S P O FROM: Wendy George,ACAO Prepared By: Shelly Stanwyck,Economic Development Manager SUBJECT: REGIONAL MARKETING SERVICES AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION(EVC)OF SAN LUIS OBISPO COUNTY. CAO RECOMMENDATION Approve 2001-2002 Agreement with the EVC in the amount of$15,000 for regional marketing _ services. DISCUSSION Background The EVC is a non-profit, countywide organization whose mission is to stimulate the economic vitality of San Luis Obispo County, generate jobs and increase financial investment within the County by promoting the retention, expansion, and attraction of business and industry to the area. Since 1997798, the City Council has supported the EVC through funding and participation. Currently, Council member John Ewan serves as the City's representative on the EVC Board of Directors. The 2001-03 Financial Plan authorizes funding the EVC in the amount of$15,000 for 2001-02. The funding is for a one-year term in order for staff to monitor and evaluate the EVC's performance as it goes through the process of hiring a new director and reassessing its role in relationship to the economic development efforts of local communities. Funding for 2001-02 will enable the City to continue to contract with the EVC for regional marketing services as a compliment to the City's economic development program and complete its evaluation of the organization's performance. Agreement Renewal The proposed Regional Marketing Services Agreement between the City and the EVC is attached. It is similar in form to the previous agreements with the EVC (there have also been some minor modifications to accurately reflect the services to be provided). The Regional Marketing Services Agreement and a recently developed Protocol Agreement will be used by staff in the cities, County and EVC to conduct day-to-day economic development activities at the local level. The primary purpose of both agreements is to provide clarity concerning communication and roles to assure smooth interaction in an often fast-paced, competitive environment. Payment to the EVC for services provided under the Regional Marketing Services Agreement is conditioned upon the EVC's performance under the terms of the Agreement. Council Agenda Report—EVC Agreement Page 2 FISCAL IMPACT Marketing Services. The Council approved$15,000 for a one-year contract in the current Financial Plan. Should the City wish to continue the services of the EVC for the 2002-03 fiscal year, an new contract will be prepared and additional funding will be requested as part of the mid-year budget process. ALTERNATIVES Do Not Renew Contract. This alternative is not preferred. Staff desires to continue to contract with the EVC as a collaborative partner in regional marketing activities for at least one more year. This should enable us to allocate our limited resources more efficiently and provide the EVC an opportunity to perform under the terms of both the Regional Marketing Services Agreement and Protocol Agreement. Use in house staff'resources. Although we have the staff capabilities to perform the marketing services in-house, it is a significant staff responsibility. Existing programs and services would likely suffer. This approach would require a reprioritization of Council's existing economic development priorities. Based on existing staff resources and involvement in other high priority projects,this alternative is not recommended at this time. Attachments Regional Marketing Services Agreement REGIONAL MARKETING SERVICES AGREEMENT 7" 7.i.Y k,f."ct }z.f �._,'�wt�.'�.s. , }..u;� :�.'7 y2 THIS REGIONAL MARKETING SERVICES AGREEMENT is made and entered into in the City of San Luis Obispo on this . _ . day of July, 2001, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and the ECONOMIC VITALITY CORPORATION (EVC) of San Luis Obispo County,a non-profit corporation,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the incorporated cities of San Luise Obispo County have agreed to participate and support the establishment of a regional economic development effort;and WHEREAS, the ECONOMIC VITALITY CORPORATION OF SAN LUIS OBISPO COUNTY (EVC) is charged with the mission "to stimulate the economic vitality of San Luis Obispo County, generate jobs and increase financial investment within the County by promoting the retention,expansion,and attraction of business and industry to the area";and ' WHEREAS, the City of San Luis Obispo desires to utilize the services of the EVC for regional marketing efforts which will benefit the City of San Luis Obispo's economic development program. WHEREAS, the EVC is organized for such economic development activities on behalf of the City and is in a position to accomplish such goals and purposes of the City in an efficient and economical manner;and WHEREAS, the Government Code of the State of California authorizes the expenditure of public funds by a municipal corporation for economic development activities as therein provided. 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 become effective on the date of execution hereof by both parties,and shall continue in effect until June 30,2002. 2. CITY'S OBLIGATIONS. For providing economic development services as specified in this Agreement,City will pay and Contractor shall receive therefore compensation quarterly not to exceed$3750.. . C 12-3 I 3. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications: A. That the foregoing recitals are hue and correct and constitute statements of fact herein. B. To clarify the respective roles and working relationships of the EVC and the City of San Luis Obispo (as well as the other cities in the County and the County itself) the Contractor and the City have entered into a Protocol Agreement, (Exhibit A)both parties will abide by these terms of the Protocol Agreement. C. Contractor shall carry on regional economic development activities as follows: 1. Employ competent personnel to carry on regional economic development activities herein enumerated. 2. Assist the City of San Luis Obispo in the development of job employment, training and business opportunities for residents of the City of San Luis Obispo,especially targeted low and moderate-income residents. 3. Assist in the establishment and support of business forums and other educational opportunities for maximum feasible participation and benefit especially for targeted low and moderate-income residents. 4. To assist in the preparation and submittal of applications on behalf of the City of San Luis Obispo and/or other regional agencies to public and private funding sources for financing and/or to state and federal agencies for ,special designations in support of economic, business and employment development activities in the City of San Luis Obispo and region. 5. Provide research and analysis on regional economic development issues that support Contractor's marketing efforts on behalf of City of San Luis Obispo. 6. Consistent with the City of San Luis Obispo's policies and goals and our adopted Targeted Industry Plan,provide regional marketing services on behalf of the City of San Luis Obispo. 7. Serve as the regional representative to local,regional,state and federal agencies and private parties, including actively participating in the Central Coast Marketing Group (CCMT), to market the region to these groups. Contractor shall provide copies of CCMT meeting agenda and minutes to the City of San Luis Obispo 8. Maintain a revolving loan fund program to provide financing, employee recruitment and training,and technical and management assistance to City of San Luis Obispo businesses. D. EVC shall famish quarterly reports of its activities to City, which shall consist of the activities scheduled for the next three(3) succeeding months and a review of the activities accomplished during the proceeding three (3) months. Said reports shall include a detailed breakdown of all expenses and activities undertaken for the City of San Luis Obispo. The amount of the contract shall be$15,000 paid in quarterly installments of$3,750 and approved by the City Council. -Z- C12-'I� G:ISianwyckUgreemenn1agrecmenr-regional markding rcrvica.doc \1 — E. This agreement may be amended or modified only by written agreement signed by both parties. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions in the future. F. It is understood that the contractual relationship of EVC to City is that of independent contractor. 4. INDEMNIFICATION. The Contractor agrees to defend,indemnify,protect and hold City 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 Contractor's 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 Contractor, and its agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor'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,its agents,officers, or employees. 5. INSURANCE: The Contractor shall procure and maintain for the duration of the contract insurance that meets the requirement of Exhibit B. As evidence of this insurance, the Contractor shall provide the City with a Certificate of Insurance and an Endorsement naming the City as"Additional Insured". 6. 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 Council or the City Administrative Officer of the City. 7. 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. 8. NOTICE. All written notices to the patties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City: Lee Price,City Clerk City of San Luis Obispo 990 Palm Street San Luis.Obispo,CA 93401 _3_ G.I$tanwyckWgreememslagreement-regional marketing servica.doc Contractor: Economic Vitality Corp.of San Luis Obispo County P.O.Box 5257 San Luis Obispo,CA 93403 9. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor 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: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: City Clerk,Lee Price Mayor,Allen K.Settle APPROVED AS TO FORM: CONTRACTOR By. eff Jorgensen,City Attorney EVC Chairman of the Board -4- Cis C:ISmnwyckUgreemenvlagrcemurc-regional marketing servica.doc vu EXHIBIT A San Luis Obispo County Economic Vitality Corporation City — EVC Protocol • The EVC will develop a referral form that is sent to the cities-county, either electronically or by fax, for all prospect requests. The EVC agrees to include any information provided to it by the cities-county in all prospect responses. The required response time for the cities-county will be stated on the EVC.referral form. • The EVC will work with prospects in coordinating visits and tours of the cities-county. The cities-county will be contacted prior to a prospect's visit or tour by the EVC and will be included in the visit or tour of their community, if acceptable to the prospect. • The EVC will serve in a lead role with a prospect that has contacted the EVC for assistance and is considering the entire region for relocation. At such time that an individual community or communities are identified by a prospect for possible relocation, the EVC will refer the prospect to the appropriate economic development representative of that community. The local community will then serve as the lead entity and will update the EVC about the prospect status. Should the community be unable to accommodate the prospect, the community will refer the prospect back to the EVC. • Business retention/expansion will be the responsibility of local communities. The EVC will be involved in business retention/expansion in unincorporated areas and will assist cities when invited by city to assist. . • The President/CEO of the EVC will make contact with all local economic development professionals prior to EVC Board meetings regarding issues about their communities which will be addressed at EVC Board meetings. • If a prospect is working with a community and contacts the EVC about that community, the EVC will respond appropriately but will refer the prospect back to the community With whom it is working and inform that community of the prospect contact. c� a-� I EXHIBIT B INSURANCE REQUIREMENTS: Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,its agents,representatives,employees,or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).. 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability,code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors'and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used,either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per,accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per,accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City,its officers;officials,employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City,.its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased,hired or borrowed by the Contractor. The coverage shall contain no special limitations on the.scope of protection afforded to the City,its officers,official,employees,agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City,its officers,officials,employees,agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. 6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would.be invalid under Subdivision (b) of Section 2782 of the Civil Code. -5- G:IS=%WkWre mwulagraement-regional marketing scmka.d" Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than ANN. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. _6- C/2-? G:1$tmwyckWgreemenn1agreement-regional marketing servica.doc