AGENDA REPORT
Meeting Date: June 21, 2022
Item Number:
To: Honorable Mayor & City Council
From: Laura Biery, Marketing and Economic Sustainability Manager Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CHAMBER OF COMMERCE AND CIVIC
ASSOCIATION FOR BUSINESS ATTRACTION AND RETENTION
SERVICES FOR FISCAL YEAR 2022-23; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2022-
2023 IN THE AMOUNT OF $540,530
Attachments: 1. Agreement with the Beverly Hills Chamber of Commerce and Civic Association
2. May 24, 2022 Agenda Report (Without attachments)
RECOMMENDATION
Staff recommends the City Council:
1) Approve an Agreement between the City of Beverly Hills and the Beverly Hills Chamber of Commerce and Civic Association for business attraction and retention services for Fiscal Year 2022-2023 (Attachment 1); 2) Approve a Fiscal Year 2022-2023 (“FY 22/23”) purchase order for the Beverly Hills Chamber of Commerce and Civic Association for business attraction and retention services in an amount not to exceed $540,530; and 3) Waive the bidding requirements per Beverly Hills Municipal Code 3-3-204 (D) as the Beverly Hills Chamber of Commerce and Civic Association, through its mission and partnership with the City, is the sole entity that represents the City’s business community; thus, it would be in the best interest of the City to continue to utilize this vendor for these services.
INTRODUCTION
At the May 24, 2022, Formal Meeting, the City Council reviewed and approved the FY 22/23 work plan and funding request presented by the Beverly Hills Chamber of Commerce and Civic Association (“Chamber”). This item requests the City Council approve an agreement with the Chamber for business attraction and retention services,
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Meeting Date: June 21, 2022
issue a FY 22/23 purchase order in an amount not to exceed $540,530, and to waive the bidding requirements as it is in the best interest of the City.
DISCUSSION
The City contracts with the Chamber to provide a range of economic development programs that reflect City priorities and seek to retain existing businesses and attract new businesses to Beverly Hills. The Chamber’s focus is on fostering business-to business relationships in Beverly Hills and acts as a liaison between the City and the business community. On May 18, 2022, the City Council Liaison/ Chamber of Commerce Committee (“Committee”), Liaisons Mayor Bosse and Councilmember Wunderlich, reviewed the FY 22/23 work plan and funding request presented by the Chamber. The recommendations from the Committee were presented at the May 24, 2022, City Council Formal Meeting (Attachment 2), which the City Council approved.
This item, if approved by the City Council, approves the execution of an Agreement between the City and the Chamber for FY 22/23 business attraction and retention services; authorizes the issuance of a FY 22/23 purchase order to the Chamber in the amount of $540,530; and waives the bidding requirements per Beverly Hills Municipal Code 3-3-204 (D) as it would be in the best interest of the City to continue to utilize this vendor for these services.
FISCAL IMPACT
For FY 22/23, the Chamber contract will be funded partially by the Policy & Management Department’s Business Development budget (00101313) and partially by the Policy & Management Department’s Tourism and Marketing budget (01001311).
The Business Development budget provides funding for:
A Portion of the Chamber of Commerce annual work plan and The Next Beverly Hills Committee budget.
The Tourism and Marketing budget provides funding for activities, which market and promote the City. In FY 22/23 this includes funding for:
Rodeo Drive Committee annual work plan
The Conference and Visitor Bureau’s annual work plan
Holiday Décor Storage
Intellectual Property Legal Services
Rodeo Concours D’Elegance
Rodeo Drive Median Landscape Maintenance
A Portion of the Chamber of Commerce annual work plan Contingency Funding for Tourism & Marketing Events
To execute the proposed work plan for FY 22/23, the Chamber requests $540,530 in funding from the City. Funding is available in the City Council adopted FY 22/23 Policy and Management, Business Development Budget ($380,000) as well as the Tourism and Marketing Budget ($160,530) for the Chamber’s proposed work plan, along with the other programs listed above.
Nancy Hunt Coffey,
Assistant City Manager
Approved By
Attachment 1
1 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CHAMBER OF COMMERCE AND CIVIC ASSOCIATION
FOR BUSINESS ATTRACTION AND RETENTION SERVICES FOR
FISCAL YEAR 2022-23
NAME OF CONTRACTOR: Beverly Hills Chamber of Commerce and Civic Association
RESPONSIBLE PRINCIPAL OF
CONTRACTOR:
Todd Johnson, Chief Executive Officer
CONTRACTOR'S ADDRESS: 9400 Santa Monica Boulevard
Beverly Hills, CA 90210
Attention: Todd Johnson, Chief Executive Officer
CITY'S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: George Chavez, City Manager
COMMENCEMENT DATE: July 1, 2022
TERMINATION DATE: June 30, 2023
CONSIDERATION: Not to exceed $540,530
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CHAMBER OF COMMERCE AND CIVIC ASSOCIATION
FOR BUSINESS ATTRACTION AND RETENTION SERVICES FOR
FISCAL YEAR 2022-23
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called "CITY"), and Beverly Hills Chamber of Commerce and Civic Association (hereinafter called “CONTRACTOR” or "CHAMBER").
RECITALS
A. CHAMBER is located in the City of Beverly Hills and has special knowledge and experience to conduct or participate in business attraction and retention programs for the benefit of CITY.
B. Section 37110 of the State Government Code authorizes the expenditure of monies for promotions.
C. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the "Scope of Work"), attached hereto and incorporated herein.
D. CHAMBER represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. CHAMBER's Scope of Work.
CHAMBER shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CHAMBER must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Ownership of Work Product.
(a) Unless otherwise agreed upon in writing, all reports, documents, or other written or visual material or any other material in any media, including any images, taglines, logos, or other media created or developed by CHAMBER or any third party contracted by the CHAMBER, in the performance of this Agreement, whether or not paid in whole or in part by the funding provided by this Agreement (“Work Product”) shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. All Work Product shall be considered to be “works made for hire”, and all such Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of CITY without restriction or limitation upon their use, duplication or dissemination by CITY. CHAMBER shall not obtain or attempt to obtain copyright protection as to any of the Work Products.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 3 (b) CHAMBER hereby irrevocably assigns exclusively to CITY, all right, title and interest in such trademarks and/or copyrights or other intellectual property rights in the Work Products. CHAMBER shall take all acts requested by CITY in order to enforce CITY’s rights under this Section.
(c) CHAMBER shall not retain ownership of or any right, title or interest in any of the Work Products, including, but not limited to, in any related trademarks, copyrights, or other proprietary rights. CITY and CHAMBER agree that the Work Product and all such rights, title and interest in or to the Work Products belong to and are being sold and assigned in their entirety to CITY for whatever use it desires, and that CITY does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title and interest in and to all of the Work Product worldwide, any modifications thereto and any derivative works based thereon (including, but not limited to, all patent, copyright, trademark, service mark and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in CITY. The parties further agree that CITY will be free to use, modify, distribute, sell, license or otherwise exploit all such Work Products and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to CHAMBER and that CHAMBER shall have no such rights.
(d) From time to time CHAMBER will engage photographers to take photographs or will purchase images for use in CHAMBER’s marketing campaigns, collateral or other uses. As to those third party photographs or images whereby CHAMBER negotiates to purchase not only the photograph or image but also the copyright or other intellectual property rights, the provisions of this Section 2 will apply. As to those third party photographs or images whereby CHAMBER negotiates to purchase only the use of the photograph or image and the copyright is maintained with the photographer, the provisions of this Section 2 will not apply. (e) This Section shall survive termination of this Agreement.
Section 3. Time of Performance.
CHAMBER shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CHAMBER shall complete the performance of services by the Termination Date set forth above and/or in conformance with the project timeline established by the City Manager or his designee.
Section 4. Compensation.
(a) Compensation. CITY agrees to compensate CHAMBER for the services and/or goods provided under this Agreement, and CHAMBER agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein. (b) Expenses. The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable). There shall be no claims for additional compensation for reimbursable expenses.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 4 (c) Additional Services. CITY may from time to time require CHAMBER to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 5. Payments.
CHAMBER shall submit written requests for advanced payments for expenditures based on the schedule listed in Exhibit B, attached hereto and incorporated herein, for the various projects as set forth in Exhibit A. CITY shall provide payment to the CHAMBER upon approval of the request by CITY’s Finance Director or his/her designee. CITY shall use its best efforts to make payment to CHAMBER within 15 days of receipt of request. CHAMBER shall return to CITY any unused funding within thirty (30) days of the conclusion of the Agreement, unless such funding is carried over as part of the work plan for the next fiscal year.
Section 6. Independent Contractor. CHAMBER is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CHAMBER or any of CHAMBER's employees, except as herein set forth.
CHAMBER shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 7. Assignment. This Agreement shall not be assigned in whole or in part, by CHAMBER without the prior written approval of CITY. Any attempt by CHAMBER to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 8. Responsible Principal(s)
(a) CHAMBER's Responsible Principal set forth above shall be principally responsible for CHAMBER's obligations under this Agreement and shall serve as principal liaison between CITY and CHAMBER. Designation of another Responsible Principal by CHAMBER shall not be made without prior written consent of CITY.
(b) CITY's Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 9. Personnel. CHAMBER represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All personnel engaged in the work shall be qualified to perform such services. CITY shall review and has the right to approve all subcontractors used in provision of services under this Agreement within five (5) business days of CHAMBER’s submission and prior to their engagement by CHAMBER. Such approval shall not be unreasonably withheld by CITY. CHAMBER, however, shall be solely responsible for the work performed by those third party contractors, including timely performance and payment.
Section 10. Permits and Licenses. CHAMBER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 11. Interests of CHAMBER. CHAMBER affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CHAMBER.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 5 Section 12. Insurance.
(a) CHAMBER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CHAMBER.
(i) If CONTRACTOR will be supplying alcoholic beverages, the General Liability Insurance shall include host liquor liability coverage with minimum limits of One Million Dollars ($1,000,000).
(ii) If CONTRACTOR is using a caterer or other vendor to supply alcohol that vendor must have liquor liability coverage with minimum limits of One Million Dollars ($1,000,000).
(iii) If CONTRACTOR intends to sell alcohol either the
CONTRACTOR or vendor providing the alcohol for sale must have a valid liquor sales license and liquor liability insurance covering the sale of alcohol with minimum limits of One Million Dollars ($1,000,000).
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CHAMBER in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(b) CHAMBER shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CHAMBER agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CHAMBER’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CHAMBER shall maintain on file with the City Clerk a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CHAMBER shall, prior to commencement of work under this Agreement, file with the City Clerk such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 6 (f) CHAMBER shall provide CITY with thirty (30) days prior written notice if the policies required under this Agreement will be canceled or reduced. All of the policies required under this Agreement shall state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by CHAMBER shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CHAMBER shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CHAMBER shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CHAMBER and its insurance carriers.
Section 12. Indemnification.
(a) CHAMBER agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CHAMBER or any person employed by CHAMBER in the performance of this Agreement. (b) All duties of CHAMBER shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY may terminate this Agreement at any time with or without cause upon thirty (30) days written notice to CHAMBER. In the event of such termination, CITY shall pay CHAMBER for all costs and obligations reasonably incurred by CHAMBER for CHAMBER activities in performing its services under this Agreement prior to the date CHAMBER was notified of such termination and such payment shall be in full satisfaction of CITY's obligations hereunder.
CITY shall not be obligated to pay additional funds after issuance or receipt of such notice.
CHAMBER shall return any monies advanced to CHAMBER by CITY for performing services that were not yet performed within thirty (30) days of this Agreement being terminated. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CHAMBER, CHAMBER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CHAMBER be entitled to receive more than the amount that would be paid to CHAMBER for the full performance of the services required by this Agreement. CHAMBER shall have no other claim against CITY by reason of such termination, including any claim for compensation. (c) Notwithstanding the above, if there is an event or circumstance beyond the reasonable control of CITY, such as a natural or man-made emergency or disaster including, without limitation, fire, earthquake, tsunami, declared local, statewide or national emergency, pandemic such as COVID-19, terrorism, and/or any event or circumstance involving other public DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 7 health, safety or welfare considerations, this Agreement may be terminated by CITY immediately with written notice to CHAMBER. In the event of termination under this subsection, CHAMBER shall be paid based on the percentage of work satisfactorily performed at the time of termination.
In no event shall CHAMBER be entitled to receive more than the amount that would be paid to CHAMBER for the full performance of the services required by this Agreement. CHAMBER shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY's Responsibility. CITY shall provide CHAMBER with all pertinent data, documents, and other requested information as is available for the proper performance of CHAMBER's Scope of Work.
Section 15. Reports.
(a) Within thirty (30) days of the conclusion of the Trimester (defined as a four (4) month period beginning July 1 and every subsequent four (4) month period thereafter), CHAMBER shall submit a written report to CITY in a form acceptable to the City Manager or his/her designee. The reports shall include, without limitation, information on overall project management and achievement of goals in relation to the items listed in Exhibit A and budget set forth in Exhibit B, attached hereto and incorporated herein. This report will include the percentage of services and/or action items completed and defined measurements of goal achievement for the Trimester. Copies of requests for proposals, agreements, invoices, and proof of time worked where applicable shall be maintained in accordance with Section 17. (b) With reasonable notice from CITY, CHAMBER shall provide to CITY copies of any and all work product, documents reports, property and books produced by CHAMBER in fulfillment of this Agreement (“Documents”). This shall be solely for the purpose of confirming and evaluating the execution of the programs described in this Agreement and shall not include records and documents unrelated to the execution of such programs (e.g., personnel records).
CHAMBER’s obligation to maintain such Documents shall continue for three years after the termination of this Agreement. This provision shall survive the termination of this Agreement. (c) CHAMBER shall also include the activities associated with this Agreement in their Annual Review that is prepared by a Certified Public Accountant for Fiscal Year 2022-23.
A copy of this report shall be provided to CITY. Such report shall provide consolidated financial reporting for CHAMBER as a whole, and separately detailed accounts for each program funded by CITY. The report shall be due within six months of the end of CHAMBER's 2022-23 fiscal year. At CITY’s sole discretion, consolidated annual accounts may be substituted for full audited accounts.
(d) CHAMBER shall establish and maintain an accounting system in accordance with generally accepted accounting principles and standards. The system shall detail all costs chargeable to CITY under this Agreement and shall substantiate all such costs, and comply with any applicable State and Federal standards. (e) CHAMBER shall endeavor to develop, in consultation with CITY, a program-based budget for all CITY-funded programs. Implementation of a program-based budget is not intended to affect the requirements outlined in paragraph (d) of this Section relating to generally accepted accounting principles.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 8 (f) CITY shall have the right to request and perform a full audit of any and all activities undertaken by CHAMBER that is funded by CITY. CHAMBER shall fully comply with any request made by CITY selected auditor including, but not limited to, producing records and reports; providing information on business practices; and updating business practices, record keeping, reporting data, etc. as requested by CITY to comply with the audit findings.
Section 16. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CHAMBER and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 17. Records and Inspections. CHAMBER shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CHAMBER shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CHAMBER shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CHAMBER shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CHAMBER must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 18. Changes in the Scope of Work. The CITY shall have the right to order, in writing, changes in the scope of work or the services to be performed. Any changes in the scope of work requested by CHAMBER must be made in writing and approved by both parties.
Section 19. Notice.
(a) Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
(b) Whenever it shall be necessary for any party to serve notice on another respecting this Agreement, such notice shall be served by certified mail addressed to the City Clerk of the City of Beverly Hills, 455 North Rexford Drive, Beverly Hills, California 90210; or to Beverly Chamber of Commerce, 9400 Santa Monica Blvd., Beverly Hills, California 90210, unless and until a different address may be furnished in writing by any party, and such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes.
Section 20. Attorney's Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 9 Section 21. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CHAMBER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CHAMBER.
Section 22. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 23. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 24. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CHAMBER.
Section 25. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the ____ day of ___________ 2022, at Beverly Hills, California.
CITY OF BEVERLY HILLS
a Municipal Corporation
LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
[Signatures continue]
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 10 BEVERLY HILLS CHAMBER OF
COMMERCE AND CIVIC ASSOCIATION
TODD JOHNSON
Chief Executive Officer
Giorgio Sease
Board Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
LAURA BIERY
Marketing and Economic Sustainability
Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 11 EXHIBIT A
SCOPE OF WORK
CITY shall provide funding to the CHAMBER for the period of July 1, 2022 through June 30, 2023 for business attraction and retention program services in the amount of Five Hundred Forty Thousand Five Hundred Thirty Dollars ($540,530.00), in accordance with the work plan and budget submitted by CHAMBER at the May 24, 2022 City Council Formal Meeting. The services to be provided by CHAMBER to CITY are set forth below:
Work Plan Component Time Frame
Proposed
2022-23
IA Marketing and Outreach Support for City and
Partner Events, Functions, and Initiatives
Year-round $51,250
IB New York Business Attraction and Retention
Mission
Fall 2022 $112,330
IC Beverly Hills Property Owners Task Force Year-round $12,450 ID Small Business Development Center Year-round $26,350 IE. Now Beverly Hills Shop Local Program Year-round $117,800 IF Broker’s Roundtable Year-round $13,800
IG Beverly Hills Small Business Task Force Year-round $12,450 IH Beverly Hills Economic Development Webpage
Support
Year-round $7,750
II Mayoral Business Retention Meetings Year-round $15,550 IJ LA Metro Subway Stakeholder Outreach Meetings Year-round $13,250 IK. Economic Sustainability Plan Support Year-round $6,850 IL Support New and Existing Business Projects in
Beverly Hills (Rollover Funding to FY 22-23)
Year-round $0
IM Regional Business Attraction Year-round $20,000
IN Business Attraction Marketing Materials (for FY
22-23, New Business Newsletter)
Year-round $8,600
IIA Miami Business Attraction Mission Spring 2023 $79,550 IIB Buxton Economic Development Support Database Year-round $42,550 Grand Total $540,530
CITY shall waive all special event permit fees associated with ribbon cuttings hosted by CHAMBER.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 12 A further summary of the items listed in the table on page 11 of this Agreement is as follows:
I.A. Chamber of Commerce will provide Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives by providing communications support and business visitations to inform business about key resources and news updates and gather critical data and information for the City, Chamber of Commerce and partners; I.B. Chamber of Commerce will organize and participate in the annual New York Business Attraction and Retention Mission;
I.C. Chamber of Commerce will manage regular meetings of the Beverly Hills Commercial Property Owner’s Task Force to spur dialogue and develop ideas and plans for commercial properties;
I.D. Chamber of Commerce will manage the Small Business Development Center Partnership with El Camino College, which offers one-on-one business counseling and educational seminars; I.E. Chamber of Commerce will manage the NOW Beverly Hills Shop Local Program. This program focuses on connecting businesses and residents and to encourage residents to shop locally;
I.F. Chamber of Commerce will organize and host four Broker’s Roundtables so retail and office commercial real estate brokers can meet with City staff to spur discussion on any real estate opportunities that could benefit the community;
I.G. Chamber of Commerce will provide Management of Beverly Hills Small Business Task Force to gather feedback and recommendations about strategies to attract and retain small businesses in Beverly Hills;
I.H. Chamber of Commerce will assist in updating the Beverly Hills Economic Development webpages on the City’s current and new website which will provide a series of economic development data tools to help existing and prospective businesses gather critical business information;
I.I. Chamber of Commerce will organize Mayoral Business Retention Meetings between Beverly Hills business owners and the Mayor;
I.J. Chamber of Commerce will organize twelve LA Metro Subway Stakeholder Outreach Meetings. These meetings will provide a forum for businesses, partner agencies and the City to communicate ongoing information about subway construction for Section 2 and its impact to businesses. Funds for this work plan item may be subject to reimbursement from Metro.
I.K. Chamber of Commerce will participate in implementation of the City’s Economic Sustainability Plan and help identify and execute action items in the Plan; I.L. Chamber of Commerce will Support New and Existing Business Projects in Beverly Hills by observing and participating in the planning process for two business openings and/or projects; I.M. Chamber of Commerce will actively engage in Regional Business Attraction in order to identify and outreach to business attraction targets within the Southern California region; DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 13 I.N. Chamber of Commerce will continue to use the new Business Attraction Marketing Materials and push out the quarterly “New Business Newsletter” to help support business attraction efforts of both the City and the Chamber of Commerce; II.A. Chamber of Commerce will organize and participate in an Other City (Miami) Attraction and Retention Mission, similar to the New York Mission, which would include outreach, preparation and travel to Miami for a 3 day trip;
II.B. Chamber of Commerce will purchase and utilize the Buxton Economic Development Support Database, for targeted outreach of business attraction efforts using data from VISA and mobile analytics as well as sharing data with the City and the Conference and Visitors Bureau; Programming
Where applicable, CHAMBER shall provide designs to the CITY for all CITY advertising, graphics, collateral, etc. with enough time to provide feedback and requesting a redesign. Any costs of a redesign shall be borne by CHAMBER. CHAMBER shall not produce, fabricate, manufacture, or distribute advertising without prior CITY approval where applicable.
Infectious Disease
A. The Federal Government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and the CHAMBER to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CHAMBER employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. CHAMBER shall notify CITY immediately in writing if CHAMBER or CHAMBER employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CHAMBER employees shall immediately cease performing services under the Agreement.
C. CHAMBER shall monitor CHAMBER employees’ signs and symptoms with written logs. CHAMBER shall do and maintain a daily recording of the following:
1. Require CHAMBER employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).
2. If CHAMBER employees have a fever (100°F or higher), are coughing, have trouble breathing or other symptoms of COVID-19, the common cold, or influenza:
(a) Do not have CHAMBER employees report to work.
(b) Contact your CITY Responsible Principal.
(c) Direct CHAMBER employees to:
i. Not go out in public.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 14 ii. Avoid contact with others.
iii. Not travel while sick.
iv. Cover mouth and nose with a tissue or sleeve (not hands), while coughing or sneezing.
v. Wash hands often with soap and water for at least 20 seconds to avoid spreading illnesses such as the common cold, influenza or COVID-19 to others. vi. If soap and water are not readily available, use an alcohol-based hand sanitizer, which contains 60%-95% alcohol or solutions available for use at the facility. vii. Wear face coverings at all times unless alone in a vehicle, personal office or cubical,
3. CHAMBER shall disinfect all areas that CHAMBER’s employees come in contact with while performing services under the Agreement before and after usage.
4. CHAMBER employees shall not return to any CITY facility until they meet the guidance* of the Los Angeles County Department of Public Health. * CHAMBER acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance for managers.
D. CHAMBER shall also maintain daily monitoring and record keeping in connection with CITY projects where CHAMBER employees come on site for the following information:
1. Projects are adhering to Social Distancing** and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. CHAMBER employees are not working while sick.
3. CHAMBER shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. CHAMBER shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. CHAMBER shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not. CITY encourages and supports the choice to be vaccinated but is not requiring that employees, CHAMBERs, consultants, and vendors get vaccinated or provide proof of vaccination.
CHAMBER shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CHAMBER’s daily logs to ensure compliance with this Agreement. CITY has the right to send CHAMBER employees home who do not comply with DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 15 these requirements. CHAMBER shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 16 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CHAMBER for the satisfactory performance of the work described in this Agreement, or as mutually agreed upon in writing prior to performing the services described in the Agreement, in an amount not-to-exceed Five Hundred Forty Thousand Five Hundred Thirty Dollars ($540,530). Invoices and payments shall be governed by the schedule below.
Within thirty (30) days of this Agreement’s expiration or termination, CHAMBER shall return to CITY any unused funding, unless such funding is carried over as part of the work plan for the next fiscal year.
Work Plan Component
Chamber
Invoices
City
City
Issues
Payment
Trimester
Covered
Payment
Amount
First Payment
IA. Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives (33%)
IB. New York Business Attraction and Retention Mission (50%)IC.
Beverly Hills Property Owners Task Force (33%)
ID. Small Business Development Center Partnership (33%)IE. Shop Local Program (50%)
IF. Broker’s Roundtables (33%)
IG. Beverly Hills Small Business Task Force (33%)
IH. Beverly Hills Economic Development Webpage Support
(33%)
II. Mayoral Business Retention Meetings (33%)
IJ. LA Metro Subway Stakeholder Outreach Meetings
(33%)
IK. Economic Sustainability Plan Support (33%)
IL. Support New and Existing Business Projects inBeverly Hills (0%)
IM. Regional Business Attraction (33%)
IN. New Businesses Newsletter (33%)
IIB. Buxton Economic Development Support Database (33%) IIC. Request to Waive Special Events Fees During Ribbon Cuttings (0%) 07/15/2022 07/28/2022
07/01/2022-
10/31/2022
$191,411
Second Payment
IA. Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives (33%)
IB. New York Business Attraction and Retention Mission (50%)IC.
Beverly Hills Property Owners Task Force (33%)
ID. Small Business Development Center Partnership (33%)IE. Shop Local Program (25%)
IF. Broker’s Roundtables (33%)
IG. Beverly Hills Small Business Task Force (33%)
IH. Beverly Hills Economic Development Webpage Support
(33%)
II. Mayoral Business Retention Meetings (33%)
IJ. LA Metro Subway Stakeholder Outreach Meetings
(33%)
IK. Economic Sustainability Plan Support (33%)
IM. Regional Business Attraction (33%)
IN. New Businesses Newsletter (33%)
IIA. Miami Business Attraction Mission (50%)
IIB. Buxton Economic Development Support Database (33%) IIC. Request to Waive Special Events Fees During Ribbon Cuttings (0%) 10/04/2022 10/20/2022
11/01/2022-
02/28/2023
$201,736
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 17 Third Payment
IA. Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives (33%)
IC. Beverly Hills Property Owners Task Force (33%)
ID. Small Business Development Center Partnership (33%)IE. Shop Local Program (25%)
IF. Broker’s Roundtables (33%)
IG. Beverly Hills Small Business Task Force (33%)
IH. Beverly Hills Economic Development Webpage Support
(33%)
II. Mayoral Business Retention Meetings (33%)
IJ. LA Metro Subway Stakeholder Outreach Meetings
(33%)
IK. Economic Sustainability Plan Support (33%)
IM. Regional Business Attraction (33%)
IN. New Businesses Newsletter (33%)
IIA. Miami Business Attraction Mission (50%)
IIB. Buxton Economic Development Support Database (33%) IIC. Request to Waive Special Events Fees During Ribbon Cuttings (0%) 02/07/2023 02/23/2023
03/01/2023-
06/30/2023
$147,383
TOTAL $540,530
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE 18 EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below :
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
ADDRESS B.
C.
COMPANY
(A.B.C.) COVERAGE POLICY NUMBER
EXPIRATION
DATE B.I. LIMITS P.D. AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CHAMBER'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKER'S COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CHAMBER agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CHAMBER’s officers, employees, agents or others employed by CHAMBER while engaged by CHAMBER in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days’ written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE : BY :
Authorized Insurance Representative
TITLE :
AGENCY : Address :
DocuSign Envelope ID: B1CB5F61-8CDC-4029-91A7-E3A32518B4BE Certificate Of Completion
Envelope Id: B1CB5F618CDC402991A7E3A32518B4BE Status: Sent Subject: Please DocuSign: Beverly Hills Chamber of Commerce Agreement 2022-23 CLEAN.pdf Source Envelope:
Document Pages: 18 Signatures: 5 Envelope Originator:
Certificate Pages: 3 Initials: 0 Cindy Owens
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
6/3/2022 11:16:00 AM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Stephanie Cao for Laurence Wienrer
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 107.184.73.66
Sent: 6/3/2022 11:23:25 AM
Viewed: 6/3/2022 12:28:23 PM
Signed: 6/3/2022 12:28:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Todd Johnson
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to
[email protected]
Using IP Address: 98.153.244.218
Sent: 6/3/2022 12:28:41 PM
Viewed: 6/6/2022 10:14:01 AM
Signed: 6/6/2022 10:14:13 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Giorgio Sease
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Signed by link sent to
[email protected]
Using IP Address: 99.8.160.64
Signed using mobile
Sent: 6/6/2022 10:14:15 AM
Resent: 6/6/2022 2:02:12 PM
Viewed: 6/6/2022 3:12:40 PM
Signed: 6/6/2022 3:15:07 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Laura Biery
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 174.246.201.98
Signed using mobile
Sent: 6/6/2022 3:15:09 PM
Viewed: 6/6/2022 3:16:57 PM
Signed: 6/6/2022 3:17:28 PM
DocuSign
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 198.245.189.166
Sent: 6/6/2022 3:15:09 PM
Viewed: 6/6/2022 3:21:12 PM
Signed: 6/6/2022 3:21:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Cynthia L Owens
[email protected]
Policy & Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/6/2022 3:21:40 PM
Electronic Record and Signature Disclosure:
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George Chavez
[email protected]
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(None)
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Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Carbon Copy Events Status Timestamp
Laura Biery
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/6/2022 3:21:40 PM
Electronic Record and Signature Disclosure:
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COPIED
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/3/2022 11:23:25 AM
Payment Events Status Timestamps
Attachment 2
BEVERLY
HILLS
i
AGENDA REPORT
Meeting Date:
Item Number:
To:
From:
Subject:
Attachments:
May 24, 2022
G-4
Honorable Mayor & City Council
Laura Biery, Marketing and Economic Sustainability Manager
RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL
LIAISON / CHAMBER OF COMMERCE COMMITTEE REGARDING
THE FISCAL YEAR 2022/2023 WORK PLAN AND FUNDING
REQUEST BY THE BEVERLY HILLS CHAMBER OF COMMERCE
RECOMMENDATION TO WAIVE THE SPECIAL EVENT PERMIT FEE
FOR BUSINESS RIBBON CUTTING EVENTS HOSTED IN
PARTNERSHIP WITH THE BEVERLY HILLS CHAMBER OF
COMMERCE
1. Proposed Fiscal Year 2022/2023 Work Plan
2. Proposed Budget Detail for Fiscal Year 2022/2023
RECOMMENDATION
Staff recommends the City Council approve the recommendation from the Beverly Hills City Council Liaison / Chamber of Commerce Committee to approve the Beverly Hills Chamber of Commerce (Chamber) Fiscal Year 2022/2023 (FY 22/23) work plan and the request to waive the special event permit fee for business ribbon cutting events hosted in partnership with the Chamber.
INTRODUCTION
On May 18, 2022, the City Council Liaison / Chamber of Commerce Committee (Committee), Mayor Lili Bosse and Councilmember Robert Wunderlich, reviewed the Chamber's annual work plan and funding request for FY 22/23 as well as a recap of the accomplishments from the Fiscal Year 21/22 work plan. This item seeks City Council approval of the recommendation from the Committee supporting the Chamber's proposed annual work plan and the request to waive the special event permit fee for business ribbon cutting events hosted in partnership with the Chamber.
DISCUSSION
The City contracts with the Chamber to provide a range of economic development programs, which reflects City priorities and seek to retain existing businesses and attract Meeting Date: May 24, 2022
new businesses to Beverly Hills. The Chamber's focus is on fostering business-tobusiness relationships in Beverly Hills and to act as a liaison between the City and business community.
The Chamber's proposed FY 22/23 work plan includes a mix of programming that typically recurs annually, as well as new initiatives that reflect current and upcoming City Council priorities including those listed in the updated Economic Sustainability Plan update.
Summary of Programming
A summary of the programming listed in the Chamber's work plan is below with more detail provided in Attachment 1.
I.A. Chamber of Commerce will provide Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives by providing communications support and business visitations to inform business about key resources and news updates and gather critical data and information for the City, Chamber of Commerce and partners; I.B. Chamber of Commerce will organize and participate in the annual New York Business Attraction and Retention Mission;
I.C. Chamber of Commerce will manage regular meetings of the Beverly Hills Commercial Property Owner's Task Force to spur dialogue and develop ideas and plans for commercial properties;
1.0. Chamber of Commerce will manage the Small Business Development Center Partnership with El Camino College, which offers one-on-one business counseling and educational seminars;
I.E. Chamber of Commerce will manage the NOW Beverly Hills Shop Local Program.
This program focuses on connecting businesses and residents and to encourage residents to shop locally;
I.F. Chamber of Commerce will organize and host four Broker's Roundtables so retail and office commercial real estate brokers can meet with City staff to spur discussion on any real estate opportunities that could benefit the community; I.G. Chamber of Commerce will provide Management of Beverly Hills Small Business Task Force to gather feedback and recommendations about strategies to attract and retain small businesses in Beverly Hills;
I.H. Chamber of Commerce will assist in updating the Beverly Hills Economic Development webpages on the City's current and new website which will provide a series of economic development data tools to help existing and prospective businesses gather critical business information;
I.I. Chamber of Commerce will organize Mayoral Business Retention Meetings between Beverly Hills business owners and the Mayor;
I.J. Chamber of Commerce will organize twelve LA Metro Subway Stakeholder Outreach Meetings. These meetings will provide a forum for businesses, partner agencies and the City to communicate ongoing information about subway construction
Meeting Date: May 24, 2022
for Section 2 and its impact to businesses. Funds for this work plan item may be subiect to reimbursement from Metro.
I.K. Chamber of Commerce will participate in implementation of the City's Economic Sustainability Plan and help identify and execute action items in the Plan; I.L. Chamber of Commerce will Support New and Existing Business Projects in Beverly Hills by observing and participating in the planning process for two business openings and/or projects;
I.M. Chamber of Commerce will actively engage in Regional Business Attraction in order to identify and outreach to business attraction targets within the Southern California region;
I.N. Chamber of Commerce will continue to use the new Business Attraction Marketing Materials and push out the quarterly "New Business Newsletter" to help support business attraction efforts of both the City and the Chamber of Commerce; II.A. Chamber of Commerce will organize and participate in an Other City (Miami) Attraction and Retention Mission, similar to the New York Mission, which would include outreach, preparation and travel to Miami for a 3 day trip; I1.B. Chamber of Commerce will purchase and utilize the Buxton Economic Development Support Database, for targeted outreach of business attraction efforts using data from VISA and mobile analytics as well as sharing data with the City and the Conference and Visitors Bureau; and
I1.C. Chamber of Commerce is requesting to waive Special Event Permit Fees for Ribbon Cuttings, to encourage new businesses to host ribbon cutting events in the City as more new businesses open in FY 22/23.
2022 BOLD Summer "BOLD Bites - BOLD Sounds" - $20,000 in existing FY 21/22 funding
In addition to the FY 22/23 work plan, the Chamber is proposing to launch a 2022 BOLD Summer marketing initiative called "BOLD Bites - BOLD Sounds". The "BOLD Bites - BOLD Sounds" campaign will promote the 12 summertime concerts (Concerts on Canon) with vibrant visuals and evocative language. The Chamber's campaign will promote each concert as a complete evening on the town by pairing it with a dinner venue. The pairings will be fun and imaginative, based on culture or other shared themes. To keep it fresh and interesting every week, the suggested restaurants will range from casual to high-end, and will suggest different modes of consumption: dining before the concert, bringing the food to the concert, or dining afterward. To stay true to the bold, graphical visual style of the Now Beverly Hills brand, it will place cutout photographic elements on vibrant color backgrounds to create eye-catching, inviting posters for each evening. These promotional elements will appear as social-media memes, ads, and possibly printed items including flyers or posters.
Funding for the 2022 BOLD Summer "BOLD Bites - BOLD Sounds" initiative will be from a portion of the reallocation of funds from the canceled FY 21/22 San Francisco Mission Trip.
Meeting Date: May 24, 2022
FISCAL IMPACT
For FY 22/23, the Chamber is requesting $540,530 as further detailed in Attachments 1 and 2. The table below reflects the consideration approved by the City Council for the Chamber's agreements with the City for the last four fiscal years and the proposed request for FY 22/23.
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Request
Cost of
Agreement $334,390 $347,505 $304,080 $488,940 $540,530
The FY 22/23 Proposed Operating Budget will be presented to City Council by the Finance Department on May 24, 2022. If the City Council approves the FY 22/23 operating budget as presented during this year's proposed budget sessions, the Policy and Management Department will have $380,000 available in the Business Development budget (00101313) to fund the Chamber's proposed work plan. The additional $160,530 needed to cover the remaining funding is recommended to be funded from the Tourism and Marketing budget as a significant portion of the Chamber's efforts in FY 22/23 will be dedicated to marketing and attraction initiatives.
Staff has also identified $13,250 of the Chamber's proposed work plan expenses as being related to Section 2 of the Purple Line Extension. These costs can be reimbursed by Metro. Staff will work with the Chamber to ensure invoicing includes all of the Metro required information such that the City can receive reimbursement for those expenses.
The City has maintained a policy of funding its tourism and marketing programs from a specific allocation of the transient occupancy tax ("TOT"). The City collects a total of fourteen percent TOT based on gross room sales from the City's hotels. One-seventh of the total TOT revenue has been the basis of calculating the funding for the Tourism and Marketing budget in Beverly Hills for approximately 25 years.
The Finance Department is currently proposing a TOT revenue forecast of $44,000,000 for FY 22/23. This will result in a one-seventh amount of $6,285,714. Staff anticipates this funding would be allocated for various programs as shown below.
Description of Program to be Funded from TOT in FY 22/23 Potential Budget Allocation
Holiday D~cor Storage $12,000
Intellectual Property Legal Services $100,000
Concours D'Elegance in 2023 - Estimate based on prior year $225,000 Conference & Visitors Bureau - FY 22/23 Work Plan - Estimate $4,261,470 depending on Council approval Rodeo Drive Committee FY 22/23 Work Plan - Estimate $184,998 depending on Council approval Landscape - Rodeo Drive Median $22,000
Portion of the Beverly Hills Chamber of Commerce Work Plan - $160,530 Estimate for FY 22/23 depending on Council approval Contingency Funding for other Tourism & Marketing Events $1,319,716 Total $6,285,714
Meeting Date: May 24, 2022
As of May 13, 2022, all numbers reflected in the chart above for City funding are tentative as the numbers are being finalized for presentation to the City Council.
Additionally, until the FY 22/23 budget is adopted by the City Council, the numbers are subject to change.
Additionally, the fiscal impact for the request to waive the special event permit fee for business ribbon cutting events hosted in partnership with the Chamber is dependent on the number of business ribbon cutting events held in the year. The Chamber is estimating a potential 30 ribbon cutting events a year. If all potential 30 ribbon cutting events necessitate a fee waiver, then the total of the waived permit fees would be $29,010 or $967 per permit. It should be noted not all events will trigger a special event permit fee however those events that encroach upon the public right of way with items such as stanchions, red carpet, or a step-n-repeat would meet that threshold.
Nancy Hunt Coffey,
Assistant City Manager
Approved By