HomeMy WebLinkAbout10/17/2000, C9 - REGIONAL MARKETING SERVICES AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION (EVC) OF SAN LUIS OBISPO COUNTY council 1010160
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CITYOF SAN LUIS O B I S P O
FROM: Ken Hampian,ACAO
Prepared By: Shelly Stanwyck,Economic Development Manager-r
SUBJECT: Regional Marketing Services Agreement with the Economic Vitality Corporation
(EVC)of San Luis Obispo County
CAO RECOMMENDATION
Approve 2000-2001 Agreement with the EVC in the amount of$15,000 for 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 1997-98, the City
Council has supported the EVC through funding and participation. Currently, Council member Jan Howell
Marx serves as the City's representative on the EVC Board of Directors. The 1999-01 Financial Plan
authorizes funding the EVC in the amount of$15,000 per year. The funding enables the City to continue to
contract with the EVC for regional marketing services as a compliment to the City's economic development
program.
Agreement Renewal
The proposed 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). Preparation of the agreement has been delayed somewhat so that City staff, in
conjunction with staff members from Atascadero, Arroyo Grande, the County, and the EVC, can
complete the terns of a Protocol Agreement (provision 3.B.). This `working agreement" shall be used
by staff in the cities, County and EVC in conducting day-to-day local economic development activities.
The primary purpose of the Protocol Agreement 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 Agreement shall be delayed until the execution of the Protocol
Agreement by both the City staff and the EVC.
FISCAL IMPACT
Marketing Services. $15,000 per year was appropriated by Council from 2000-01 General Funds(page D-
124 of the approved 1999-2001 budget) for the funding of a marketing services agreement with the EVC..
The current contract for marketing services with the EVC requires annual renewal.
C9-1
Council Agenda Report—EVC Agreement
Page 2
ALTERNATIVES
Do Nothing. This alternative is not preferred. Staff desires to continue to contract with the EVC as
a collaborative partner in regional marketing activities because it enables us to allocate our limited
resources more efficiently.
Use in house staff'resources. Although we have the staff capabilities to perform the marketing
services in-house, it would be 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
C9-2
Attachment
REGIONAL MARKETING SERVICES AGREEMENT Page 1
.. XMi
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9
THIS REGIONAL MARKETING SERVICES AGREEMENT is made and entered into in the City of San Luis Obispo
on this day of October, 2000,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 Luis 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 30,2001.
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. The first and second quarterly
payments shall be paid immediately after the City and the EVC execute a Protocol Agreement. The Protocol Agreement shall
outline the respective roles and responsibilities as well as communication practices the EVC and the City,as well as the County
and other cities in the County,shall maintain with respect to economic development activities in the City and County of San Luis
Obispo.
C9-3
Attacphmpent
3. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments ana aagreeements 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 true 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 will abide by the terms of a
Protocol Agreement..
C. Contractor shall carry on regional economic development activities as follows:
1. Employ competent personnel to cant' 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. Develop a business incentive program to expand,retain and attract compatible businesses. Maintain
a revolving loan fiord program to provide financing, employee recruitment and training, and
technical and management assistance to City of San Luis Obispo businesses.
D. EVC shall furnish quarterly reports of its activities to City, which shall consist of the activities scheduled for tht
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.
_Z.
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G:1SSrannyckUgmemmttrbgrcemem-regional marketing servlcet doc
Attachment
Page 3
E. The amount of the contract shall be $15,000 paid in quarterly installments of $3,750 and
approved by the City Council.
F. 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.
G. 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 Attachment A. 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.
C9-5
Attachment
Page 4
8. 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: Lee Price,City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401.
Contractor. Mike Cannon,EVC Chairman of the Board,2000-2001
Economic Vitality Corp.of San Luis Obispo County
3566 S.Higuera,Suite 203
San Luis Obispo,CA 93401
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
QL&W
By.
Ai tto a EVC Chairman of the Board,2000-2001,
J Jor Mike Cannon
C9-6
Attachment
Page 5
ATTACHMENT A
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
Contractors 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.
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Attachment
Page 6
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANTI.
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.
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DATE: October 12, 2000
TO: Mayor Settle and Council Members Ewan,Marx, Romero and Schwartz
VIA: John Dunn, CAO
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FROM: Shelly Stanwyck, Economic Development Manager�!/YL�
SUBJECT: AGENDA ITEM C99 OCTOBER 179 2000 COUNCIL MEETINGS REGIONAL MARKETING
SERVICES AGREEMENT WITH THE ECONOMIC VITALITY CORPORATION(EVC)OF
SAN LUIS OBISPO COUNTY.
It was brought to my attention today,by Dave Spaur, President/CEO of the EVC, that there is a
sentence he would like removed from the proposed Regional Marketing Services Agreement. The
proposed Agreement is Agenda Item C9.at the October 17, 2000 Council Meeting.
Mr. Spaur would like the first sentence of Section 3.C.8. "Develop a business incentive program to
• expand, retain and attract compatible businesses"deleted from the proposed Agreement. This was a
service the EVC provided in the past,but is not a scope of work item that the EVC's current Board of
Directors is pursuing. Mr. Spaur would therefore prefer not to be obligated to provide said service.
A"clean"copy of the Agreement is attached for your review.
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Alemo to Council re Changed to Agreement
3. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereile
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 true 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 will abide by the terms of a
Protocol Agreement..
C. Contractor shall carry on regional economic development activities as follows:
1. Employ competent personnel to cavy 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 an•
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 furnish 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.
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