BEVRLYRLY
AGENDA REPORT
Meeting Date: June 27, 2023
Item Number:
To: Honorable Mayor & City Council
From: Magdalena Davis, Community Outreach Manager
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CONFERENCE AND VISITORS BUREAU FOR
PROMOTION OF THE CITY FOR FISCAL YEAR 2023-24; AND
APPROVAL OF A PURCHASE ORDER FOR FISCAL YEAR 2023-24 IN THE NOT-TO-EXCEED AMOUNT OF $4,959,410
Attachments: 1. Agreement with the Beverly Hills Conference and Visitors Bureau
2. May 2, 2023 Agenda Report (without attachments)
RECOMMENDATION
Staff recommends the City Council:
1) Approve an Agreement between the City of Beverly Hills and the Beverly Hills Conference and Visitors Bureau (“CVB”) for promotion of the City for Fiscal Year 2023-2024 (Attachment 1);
2) Approve a Fiscal Year 2023-2024 (“FY 23/24”) purchase order for the CVB for promotion of the City in an amount not to exceed $4,959,410; and 3) Waive the bidding requirements per Beverly Hills Municipal Code 3-3-204 (D) as the CVB, through its mission and partnership with the City, representscertain unique aspects of attracting tourists and performing marketing while maintaining the City’s brand; thus, it would be in the best interest of the City to continue to utilize this vendor for these services.
INTRODUCTION
At the May 2, 2023, Formal Meeting, the City Council reviewed and approved the FY 23/24 work plan and funding request presented by the Beverly Hills Conference and Visitors Bureau (“CVB”). This item requests the City Council approve an agreement with the CVB for marketing the City (Attachment 1), issue a FY 23/24 purchase order in an amount not to exceed $4,959,410, and to waive the bidding requirements as it is in the best interest of the City.
E-25
Meeting Date: June 27, 2023
DISCUSSION
Similar to previous years, the CVB is contracted by the City to conduct a variety of tourism and marketing programs promoting Beverly Hills. The CVB receives City funding to promote Beverly Hills worldwide as a stay/shop/dine destination through marketing programs and events that build awareness and drive consumer revenue to Beverly Hills.
On April 26, 2023, the City Council Liaison! Chamber of Commerce Committee (“Committee”), Liaisons Vice Mayor Friedman and Councilmember Bosse, reviewed the FY 23/24 work plan and funding request presented by the CVB. The recommendations from the Committee were presented at the May 2, 2023, 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 CVB for FY 23/24 marketing of the City; authorizes the issuance of a FY 23/24 purchase order to the CVB in the amount of $4,959,410; and waives the bidding requirements per Beverly Hills Municipal Code 3-3-204 (D) as it would be in thebest interest of the City to continue to utilize the CVB for these services.
FISCAL IMPACT
For FY 23/24, the CVB contract will be funded by the Policy & Management Department’s Tourism and Marketing budget (01001311).
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 ofthe total TOT revenue has been the basis of calculating the funding in Beverly Hills for approximately 25 years.
The Policy & Management Department’s Tourism and Marketing budget (01001311) provides funding for activities which market and promote the City to potential travelers. In FY 23/24 this includes funding for the CVB as well as the following:
Description of Program to be Funded from TOT Budget Allocation Intellectual Property Legal Services $100,000
Concours D’Elegance in 2024 $255,000 Approved funding
Conference & Visitors Bureau $4,809,410 Approved funding for FY 23/24 Work Plan Rodeo Drive Committee $210,998 Approved funding for FY 23/24 Work Plan Landscape Funding for Rodeo Drive, separate from Work Plan $30,000 Estimate as actual may vary Portion of Beverly Hills Chamber of Commerce Work Plan $120,150 Approved funding for FY 23/24 Contingency Funding for other Tourism & Marketing Events including Holiday Lighting Celebration and Rodeo Drive Holiday $1,545,870 Decor for Holidays 2023
Subtotal $7,071,428
To execute the proposed work plan for FY 23/24, the CVB requests $4,809,410 in funding from this budget, as well as a $150,000 FY 22/23 carry forward in addition. Funding is
Meeting Date: June 27, 2023
available in the City Council adopted FY 23/24 Policy and Management Tourism and Marketing Budget for the CVB work plan, along with the other programs listed above.
Keith Sterling,
Deputy City Manager
Approved By
Attachment
1 DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CONFERENCE AND VISITORS BUREAU FOR
PROMOTION OF THE CITY FOR FISCAL YEAR 2023-2024
NAME OF CONTRACTOR: Beverly Hills Conference and Visitors Bureau RESPONSIBLE PRINCIPAL OF Julie Wagner, CEO
CONTRACTOR:CONTRACTOR’S ADDRESS: 9400 Santa Monica Blvd.
Beverly Hills, CA 90210
Attention: Julie Wagner, Chief Executive Officer
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Nancy Hunt-Coffey, City Manager
COMMENCEMENT DATE: July 1, 2023TERMINATION DATE: June 30, 2024 CONSIDERATION: Not to exceed $4,809,410 and more particularly described in Exhibit B
B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND THE
BEVERLY HILLS CONFERENCE AND VISITORS BUREAU FORPROMOTION OF THE CITY FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY’), and the Beverly Hills Conference and Visitors Bureau (hereinafter called ‘CONTRACTOR” or “CVB”).
RECITALS
A. CVB is located in CITY and has special knowledge and experience to conduct or participate in promotional, publicity, and advertising activities for the benefit of CITY.
B. CITY desires to engage CVB for marketing and special events for the benefit of CITY.
C. Section 37110 of the State Government Code authorizes the expenditure of monies for promotions.
D. 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.
E. CVB represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. CVB’s Scope of Work.CVB shall perform the Scope of Work described in Exhibit A, attached hereto and incorporated herein, 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 similarconditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CVB under $25,000 may be done without approval of CITY; however, CVB shall notify the City Manager, CITY’s Community Outreach Manager, and/or the City Manager’s designee by close of the fiscal year of such change.
For reallocations between $25,001 - $50,000, CVB must obtain the prior written approval from the City Manager, with a copy of the request sent to CITY’s City Council Liaison I CVB I Marketing Committee and/or the City Manager’s designee prior to reallocation of the funding.
For reallocations above $50,000, CVB must obtain prior approval from the City Council Liaison I CVB / Marketing Committee at an agendized meeting prior to reallocation of the funding. 2 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 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 CVB or any third party contracted by CVB, in the performance of this Agreement, whether or not paid in whole or in part by the funding providedby 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. CVB shall not obtain or attempt to obtain copyright protection as to anyof the Work Products. (b) CVB 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. CVB shall take all acts requested by CITY in order to enforce CITY’s rights under this Section.
(c) CVB 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 CVB 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). Nothingcontained 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 CVB and that CVB shall have no such rights.
(d) From time to time CVB will engage photographers to take photographs or will purchase images for use in CVB’s marketing campaigns, collateral or other uses. As to those third party photographs or images whereby CVB 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 CVB 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.
CVB shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CVB shall complete the performance of services by the Termination Date set forth above and/or in conformance with theproject timeline established by the City Manager or her designee. 3 R0785-000l\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 Section 4. Compensation.
(a) Compensation
CITY agrees to compensate CVB for the services and/or goods provided under this Agreement, and CVB 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 A and 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. (c) Additional Services.
CITY may from time to time require CVB 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. Payment. CITY shall pay CVB said Consideration in accordance with the method and schedule of payment set forth in Exhibit B, attached hereto and incorporated herein.
CVB shall submit written requests for advanced payments for expenditures based on the schedulelisted in Exhibit B for the various projects as set forth in Exhibit A. CITY shall provide payment to CVB upon approval of the request by CITY’s Finance Director or his designee. CITY shall use its best efforts to make payment to CVB within 15 days of receipt of request. Except as provided inSection 1(a) of this Agreement, CVB shall return to CITY any unused funding within sixty (60)days of reconciliation of the expenses described in Exhibit A or some other time period as mutuallyagreed upon in writing between CVB and CITY. Alternatively, CVB may request the approval of the City Council Liaison I CVB / Marketing Committee to retain the unused funding as part of the Fiscal Year 2024-2025 annual work plan. The approval of the Committee will require approval of the City Council.
Section 6. Independent Contractor. CVB 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 CVB or any of CVB’s employees, except as herein set forth. CVB 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 CVB without the prior written approval of CITY. Any attempt by CVB 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) CVB’s Responsible Principal set forth above shall be principally responsible for CVB’s obligations under this Agreement and shall serve as principal liaison 4 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 between CITY and CVB. Designation of another Responsible Principal by CVB shall not be made without prior written consent of CITY.
(b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 9. Permits and Licenses. CVB 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 10. Interests of CVB. CVB 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 CVB.
Section 11. Insurance.
(a) CVB 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 negligentacts by CVB. (i) If CONTRACTOR will be supplying alcoholic beverages, the General Liability Insurance shall include host liquor liability coverage with minimum limits of OneMillion 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 licenseand 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 CVB in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONTRACTOR agrees to maintain in full force 5 B0785-000l\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 and effect such insurance for one year after performance of work under this Agreement iscompleted. (b) CVB 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+;Vll in the latest edition of Best’s Insurance Guide.
(d) CVB 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 CVB’s expense, thepremium thereon. (e) At all times during the term of this Agreement, CVB shall maintain on file with the CITY’s Risk Manager 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. CVB shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured. (f) CVB 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 requiredunder this Agreement shall state that the coverage contained in the policies affords insurancepursuant to the terms and conditions as set forth in this Agreement. (g) The insurance provided by CVB 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, CVB shall either reduce or eliminate the deductibles orself-insured retentions with respect to CITY, or CVB 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 CVB and its insurance carriers.
Section 12. Indemnification.
(a) CVB 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 CVB or any person employed by CVB in the performance of this Agreement.
(b) All duties of CVB shall survive termination or expiration of the Agreement. 6 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 Section 13. Termination.
(a) Upon ninety (90) days written notice to CVB, this Agreement may be terminated by CITY, with or without cause, only by a majority vote of the City Council. In the event of such termination, CITY shall pay CVB for all costs and obligations reasonably incurred by CVB for CVB activities in performing its services under this Agreement prior to the date CVB was notified of such termination and such payment shall be in full satisfaction of CITY’s obligationshereunder. CITY shall not be obligated to pay additional funds after issuance or receipt of suchnotice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CVB, CVB shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CVB be entitled to receive more than the amount that would be paid to CVB for the full performance of the services requiredby this Agreement. CVB shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Resronsibility. CITY shall provide CVB with all pertinent data, documents, and other requested information as is available for the proper performance of CVB’s Scope of Work.
Section 15. Relorts.
(a) CVB shall submit a quarterly report (4 reports each fiscal year) to CITY in a form acceptable to the City Manager or her designee including. The reports shall include, withoutlimitation, information on overall project management and achievement of action items in relation to the Scope of Work as set forth in Attachment I to Exhibit A, including the percentage of the amount of budget used and accomplishments achieved in the quarter and/or action itemscompleted and defined measurements of goal achievement for the Funding Period. CVB shall use its best efforts to develop a process to obtain data and metrics for the Program and provide detailed information regarding CITY’s return-on-investment to CITY. The City Manager and/or her designee and CVB shall mutually agree in writing on what metric information shall be gathered and provided to CITY to gauge the success of the programs identified in Attachment I to Exhibit A.
(b) CVB shall also supply CITY with an Audited Annual Financial report prepare by a Certified Public Accountant for the Funding Period. Such report shall provide consolidated financial reporting for CVB 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 CVB’s 2023- 2024 fiscal year. At CITY’s sole discretion, consolidated annual accounts may be substituted for full audited accounts.
(c) With reasonable notice from CITY, CVB shall provide to CITY copies of any and all work product, documents reports, property and books produced by CVB in fulfillment of this Agreement (“Documents”). This shall be solely for the purpose of confirming and evaluatingthe 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). CVB’sobligation to maintain such Documents shall continue for three years after the termination of this Agreement. This provision shall survive the termination of this Agreement. 7 80785-000 l\2823285v7doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 (d) CVB 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) CVB shall endeavor to develop, in consultation with CITY, a programbased budget for all CITY-funded programs. Implementation of a program-based budget is not intended to affect the requirements outlined in paragraph (b) of this Section relating to generally accepted accounting principles.
(f) CITY shall have the right to request and perform a full audit of any and all activities undertaken by CVB that is funded by CITY. CVB 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. (g) CVB shall submit an annual report to CITY, as mutually agreed upon between CITY and CVB in writing that shows a measurement of the impact and metrics of the funding given to CVB by CITY on tourism. This shall include return-on-investment information.
CVB and CITY shall collaboratively identify agencies for a comparison report to determine if CITY is retaining its market share of tourism for the area if such information is publicly available.
Section 16. Policies. CVB shall maintain the policies outlined in Exhibit C, attached hereto and incorporated herein. CVB shall provide CITY with copies of all adopted or amended policies by CVB Board of Directors within thirty (30) days of such action. CITY may provide input on the creation of, or make recommendations for amendments to, the policies listed in Exhibit C prior to the adoption of the policies by CVB Board.
Section 17. Attendance at CVB Meetings. CVB shall notify CITY of the date and time for any and all CVB Board of Directors meetings as soon as possible, but no less than ten (10) calendardays’ notice prior to the meeting. The City Manager and/or her designee(s) may attend the meeting. CVB shall share the agenda with CITY at the same time notice of the agenda items isprovided to CVB Board of Directors, which shall be no less than twenty-four (24) hours prior to the meeting.
Section 18. Members of CVB Board Finance Committee. The City Manager shall designate one (1) CITY staff member to be a member of CVB Board Finance Committee.
Section 19. Records Retention and Examination. CVB 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. CVB 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. CVB 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, CVB shall pay CITY’s travel, hotel and mealcosts to the location where the records are maintained. CVB must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the terminationof the Agreement. 8 80785-000l\28232R5v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 Section 20. Nondiscrimination by CVB. In the performance of this Agreement, CVB assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability,mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activitysupported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CVB shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status,national origin, ancestry, age, physical disability, mental disability, medical condition, geneticinformation, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability,mental disability, medical condition, genetic information or sexual orientation.
Section 21. 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 Hills Conference and Visitors Bureau, 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 22. 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, inaddition to such other relief as may be sought and awarded.
Section 23. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CVB, 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 CVB.
Section 24. 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. 9 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4 Section 25. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 26. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CVB.
Section 27. 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
2023, at Beverly Hills, California.
CITY OF BEVERLY HILLS
a Municipal CorporationJULIAN A. GOLD, M.D.
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)
HUMAAHMED
City Clerk
BEVERLY HILLS CONFERENCE AND
VISITORS BUREAU
JULIE WAGNERCEO
coff f2rr
SCOTT BERGERChair
[Signatures continue]
10 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E1 O-BC56-E8371 BF63FC4 APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
MAGDALENA DAVIS
Community Outreach Manager
Ukwrtt QrsstL
SHARON L’HEUREUX DRESSEL
Risk Manager
11 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CVB shall perform the services described in this Exhibit A, attached hereto and incorporatedherein. This shall include:
Domestic Marketing
• NY Sales Mission
• Hotel-Focused Campaigns in Fall 2023 and Spring 2024• Co-op Programs with other Destinations• Domestic Public Relations campaign including:
o Domestic media familiarization tripso Visit California media missions in San Francisco, New York, and Los Angeles • Meetings, Incentives, Conferences, and Exhibitions (MICE) including o Milken Supporto Visit California Forumso Financial & Insurance Professionals (FICP) o Meeting Professionals International (MPI)o Roadshows in Midwest, Texas, and New York o Society for Incentive Travel Agents (SITE)
International Marketing
• Trade Shows
o Worldwide Exhibition for Incentive Travel, Meetings & Events (IMEX)o International Luxury Travel Market (ILTM) Asia Pacific, Cannes o IPW
o Booth Storage
• Representation
o Middle East, United Kingdom, Australia, Mexico
• In Marketing Programs
o Virtuoso and Global Summit
Digital/Interactive
• Paid Social Media
• Search Engine Optimization (SEO)
• Email Acquisition Campaign
Metrics/Research
• Smith Travel Research• Visa
• Datafy Geotracking
Visitor Center
• Merchandise Partnership with Artist who will develop a Beverly Hills themed pattern that can be used on Beverly Hills merchandise sold online and in the Visitor Center Funding shall cover operating and marketing expense forecast for the twelve-month period of this agreement and expenses including, but not limited to:
12 R0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4 • Salaries, taxes and benefits;• Rent and utilities; and • Marketing initiatives targeted to domestic and international consumers and trade.
CVB may reallocate funding for initiatives as described in Section 1. CVB’s Scope of Work for the activities outlined by category in Exhibit B, attached hereto and incorporated herein.
Program Metrics
CVB shall use its best efforts to develop a process to obtain data and metrics for the programsoutlined to the City Council at the May 2, 2023 City Council formal meeting. The CVB shall provide detailed information regarding CITY’s return-on-investment to CITY. CVB shall coordinate such information with the City Manager, CITY’s Community Outreach Manager, and/or the City Manager’s designee. The information contained in the report as well as the design shall be mutually agreed upon in writing by CVB and CITY prior to the final report being produced.Programming Where applicable, CVB shall provide designs to 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 CVB. CVB shall not produce, fabricate, manufacture, or distribute advertising without prior CITY approval.
Quarterly Meetings
CVB shall coordinate four (4) quarterly meetings with the Beverly Hills City Council Liaisons CVB / Marketing Committee with the City Manager, Marketing and Economic Sustainability Manager, or the City Manager’s designee. The primary purpose of the meetings will be to review CVB’s work plan accomplishments year to date and upcoming CVB proposed work plan items.
II. INFECTIOUS DISEASE
A. CVB shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CaIOSHA”) COVID-19 Prevention Non-Emergency Regulations, theCalifornia Department of Public Health orders and all state, federal and local regulations regardingCOVID-19 and other infectious diseases that may pose a risk to public health.
B. CVB shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CVB shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-1 9 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
I-,
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EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CVB 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 Four Million Eight Hundred Nine Thousand Four Hundred Ten Dollars ($4,809,410.00). Funding received by CVB from CITY shall be spent as shown below. Any reallocation of funding between items, or for items not listed, shall comply with the requirements listed in Section 1. CVB’s Scope of Work of this Agreement.
CVB FY 23124 Work Plan
Domestic Marketing
New York Sales Mission $146,500Destination Marketing $950,000 Domestic Public Relations $131,500
Meetings, Incentives, Conferences, and Exhibitions (MICE) Marketing $1 73,81 1Partnership Marketing and Secondary Market Sales Initiatives $50,000 Domestic Marketing Sub-Total $1,451,811
International Marketing
Sales Missions $31,000
Trade Shows $230,000
Public Relations $20,000
Representation $222,600Emerging Markets $50,000
In-Market Programs (Virtuoso Partnership) $50,000
Global Summit $40,000
International Marketing Sub-Total $643,600
Interactive
Database/eMail $36,800
Search Engine Optimization (SEO) I Search Engine Marketing (SEM) $121,000Content $137,500 Domestic Site $70,150
Digitallinteractive Sub-Total $365,450
Collateral
Visitor Guide $21,000
Premiums $16,000
Collateral Sub-Total $37,000
MetricslResearch
Research Sub-Total $87,800
Special Programs
Special Programs Sub-Total $50,000
Operational (Salaries, Taxes, Benefits, Rent Etc.)
Salaries $1,204,477
Part-Time Salaries $38,520Employee Taxes $103,959Employee Benefits $234,440 Rent $194,554
B0785-0001\2823285v7doc
14 DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4 Property Taxes $13,888
All Other Operations (insurance, utilities, professional services, etc.) $343,914 Operational (Salaries, Taxes, Benefits, Rent Etc.) Sub-Total $2,133,749 Visitor_Center
Merchandise/Display $25,000
Communications $10,000Collateral $5,000
Visitor Center Sub-Total $40,000
Total $4,809,410
FY 22123 Carry Forward to FY 23I24 to Offset Expenses $150,000 Total FY 23124 Work Plan I-”iti
CITY authorizes CVB to carry forward One Hundred Fifty Thousand Dollars ($150,000.00) from Fiscal Year 2022-2023 to Fiscal Year 2023-2024 for additional tourism and marketing programs.
The total budget for CVB’s work plan for Fiscal Year 2023-2024 is Four Million Nine Hundred Fifty-Nine Thousand Four Hundred Ten Dollars ($4,959,410.00), including this carry forward funding; however, CITY shall only pay CVB an amount not to exceed Four Million Eight Hundred Nine Thousand Four Hundred Ten Dollars ($4,809,410.00).
CVB shall submit a statement to CITY for services as outlined in Exhibit A, which shall include documentation setting forth in detail a description of the services to be performed. CITY shall pay CVB in accordance with the Payment Schedule below:
Funding Period (July 1, 2023 — June 30, 2024)
CVB Remits CITY Issues Period Covered Payment Amount Invoice to CITY Payment to CVB July 3, 2023 July 17, 2023 July 1 — September 30 $1,202,353 September 1, 2023 September 15, 2023 October 1 — December 31 $1,202,352 December 1, 2023 December 15, 2023 January — March 31 $1,202,353 March 1, 2024 March 15, 2024 April 1 — June 30 $1,202,352 Total $4,809,410
Should TOT revenue be estimated by CITY’s Finance Director or his designee at a level different than what is adopted in CITY’s Fiscal Year 2023-2024 budget, and CITY needs to adjust the amount of the payment listed in the table above for a particular Period, then CITY shall meet with CVB to discuss potential adjustments of CVB’s Fiscal Year 2023-2024 Work Plan.
This adjustment of payment may occur with forty-five (45) days’ notice from CITY to CVB after adiscussion occurs between CVB’s Chief Executive Officer and the City Manager or her designee in order for an informed decision regarding work plan impacts, and/or at the direction of City 15 B0785-0001\2823285v7.doc
DocuSign Envelope ID: 5D36BC4F-668F-4E10-BC56-E8371 BF63FC4 Council Liaisons at the required quarterly meeting. The discussion shall occur within a reasonable timeframe of the request being made by CITY to CVB.
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EXHIBIT C
CVB POLICIES
CVB shall create, maintain, and amend the following policies utilizing guidance provided by CITY which may take the form of Administrative Regulations and/or other adopted CITY policies:
1) Financial Policy
2) New Business Procurement Policy
3) Travel Policy
4) Group Entertainment Policy
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EXHIBIT D
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 POLICY EXPIRATION COVERAGE B.I. LIMITS P.D. AGGREGATE (A.B.C.) NUMBER DATE 0 AUTOMOBILE LIABILITY
0 GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
0 BLANKET CONTRACTUALC CVB’S PROTECTIVE
EJ PERSONAL INJURYC EXCESS LIABILITYC WORKERS 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 thepolicy: CVB agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employeeof 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 resultsdirectly or indirectly from the wrongful or negligent actions of CVB’s officers, employees, agents or others employed by CVB while engaged by CVB 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:
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Attachment
2 BEVRLYRLY
AGENDA REPORT
Meeting Date: May 2, 2023
Item Number: G-2
To: Honorable Mayor & City Council
From: Laura Biery, Marketing and Economic Sustainability Manager Subject: RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL
LIAISON / CVB / MARKETING COMMITTEE REGARDING THE FISCAL YEAR 2023/2024 WORK PLAN AND FUNDING REQUEST BY THE
BEVERLY HILLS CONFERENCE AND VISITORS BUREAU; ANDREQUEST TO CARRYOVER $150,000 FROM FY 2022/2023
TOURISM AND MARKETING BUDGET FUNDING FOR ADDITIONAL
PROGRAMMING IN FY 2023/2024
Attachments: 1. Presentation of the Fiscal Year 2023/2024 Work Plan and Funding Request
2. Presentation from April 26, 2023 Liaison Meeting of Update on Fiscal Year 2022/2023 Remaining Programs and Initiatives
RECOMMENDATION
This item seeks City Council approval of the recommendation from the CVB/ Marketing Liaison Committee (Liaisons) supporting the Beverly Hills Conference and VisitorsBureau’s (CVB) proposed annual work plan and corresponding funding request in the amount of $4,809,410 for Fiscal Year 2023/2024 (FY 23/24), and the request to carryover $150,000 in unused funding from Fiscal Year 2022/2023 to use toward additionalsales missions and programming in FY 23/24. This carryover funding request isseparate from the $4,809,410 in funding for the CVB work plan.INTRODUCTIONOn April 26, 2023, the Liaisons, consisting of Vice Mayor Friedman and Councilmember Bosse, reviewed the CVB’s annual work plan and funding request for FY 23/24 as well as an update on the remaining marketing programs and initiatives for FY 22/23.
Attachment I to this report is the proposed FY 23/24 work plan. Attachment 2 to this report provides the presentation on the remaining programs and initiatives for FY 22/23.During the meeting, the Liaisons supported the CVB’s proposed annual work plan and a corresponding funding request in the amount of $4,809,410 for FY 23/24. Additionally, the Liaisons supported the CVB’s request to carryover $150,000 in unused funding from Meeting Date: May 2, 2023
the CVB FY 22/23 work plan to use toward additional sales missions and programming in FY 23/24.
DISCUSSION
The CVB is contracted by the City to conduct a variety of tourism and marketing programs promoting Beverly Hills. They receive City funding to promote Beverly Hills worldwide as a stay, shop, and dine destination through marketing programs and events that build awareness and drive consumer revenue to the City.
CVB’s Proposed FY 23/24 Work Plan
As travel patterns continue to bounce back there is a pent-up demand both domestically and internationally that Beverly Hills and other destinations are benefiting from. To capitalize on that demand and ensure that Beverly Hills continues to be top of mind withour key feeder markets, the CVB’s Work Plan focuses on attracting visitors to Beverly Hills with the following programs and initiatives:
Marketing
• NY Sales Mission• Hotel-Focused Campaigns in FaIl 2023 and Spring 2024 • Co-op Programs with other Destinations
• Domestic Public Relations campaign including:
o Domestic media familiarization tripso Visit California media missions in San Francisco, New York, and Los Angeles
• Meetings, Incentives, Conferences, and Exhibitions (MICE) including o Milken Supporto Visit California Forums
o Financial & Insurance Professionals (FICP)o Meeting Professionals International (MPI) o Roadshows in Midwest, Texas, and NYo Society for Incentive Travel Agents (SITE) International Marketing
• Trade Shows
o Worldwide Exhibition for Incentive Travel, Meetings & Events (IMEX)o International Luxury Travel Market (ILTM) Asia Pacific, Cannes o IPWo Booth Storage
• Representation
o Middle East, United Kingdom, Australia, Mexico
• In Marketing Programs
o Virtuoso and Global Summit
Digital/Interactive
• Paid Social Media
• Search Engine Optimization (SEO)• Email Acquisition Campaign Metrics/Research
• Smith Travel Research• Visa• Datafy Geotracking
Meeting Date: May 2, 2023
Visitor Center
• Merchandise Partnership with Katie Kime
Many of the items in the CVB FY 23/24 Work Plan support the goals and action items of the Economic Sustainability Plan. One of the key focus areas of the Economic Sustainability Plan is “Brand” and the CVB’s FY 23/24 Work Plan focuses heavily on brand awareness to attract and bring travelers to Beverly Hills.Outside of Work Plan Carryover Funding Request from FY 22/23 Not included in the CVB FY 23/24 Work Plan funding request of $4,809,410 is a carryover funding request from FY 22/23 to fund two additional sales missions (NorthernCA and Miami or Chicago) in FY 23/24. The carryover funding request totals $150,000.
The CVB has indicated the anticipated $150,000 in unspent funding from FY 22/23 is a result of staff changes and programs not coming in at the exact amount that was budgeted or changes in scheduled events. The CVB has also indicated that there is likely additional funding dollars that will not be spent in FY 22/23 above the anticipated $150,000 however that exact amount will not be certain until the FY 22/23 books close after June 30, 2023.
Per the CVB’s contract with the City, any unspent funding being requested for carryovermust be brought to both the City Council Liaisons and the full City Council for approval.
The Liaisons and City Council may determine if the funding must be returned to the City, used to offset the upcoming Fiscal Year request (as was done in FY 22/23) or is permitted to be carried forward to use on new programming or initiatives. The Liaisons supported the request from the CVB to use the $150,000 carryover toward new sales missions in FY 23/24.FISCAL IMPACT
To carry out the proposed Work Plan for FY 23/24, the CVB requests $4,809,410 inTourism & Marketing funding as shown below. The CVB is also requesting to carryover unused FY 22/23 funding of $150,000 from the Tourism and Marketing budget to FY 23/24 for support of additional trade missions. A comparison to funding requested in FY22/23 is included in Attachment 1 to this report.
Proposed CVB FY 23124 Work Plan
Domestic Marketing $1,451,811
International Marketing $643,600Interactive $365,450
Collateral $37,000
MetricslResearch $87,800
Special Programs $50,000Operational (Salaries, Taxes, Benefits, Rent Etc.) $2,133,749 Visitor Center $40,000
FY 23I24 Work Plan Funding Request Total $4,809,410
FY 22/23 Carry Forward In Addition +$1 50,000
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 ofthe total TOT revenue, has been the basis of calculating the funding for the Tourism and Marketing budget in Beverly Hills for approximately 25 years.Page 3 of 4 Meeting Date: May 2, 2023
The Finance Department is currently forecasting a TOT revenue of $48,000,000 for FY23/24 (this was as of the March 7, 2023 Mid-Year presentation to the City Council and issubject to change). Using the $48,000,000 estimate for TOT, the one-seventh amount would be $6,857,143. Staff anticipates this funding would be allocated for various programs as shown below.
.
. Potential Budget Description of Program to be Funded from TOT Allocation Intellectual Property Legal Services $100,000
Concours D’Elegance in 2024 — Estimate based on prior year $255,000Conference & Visitors Bureau -Requested funding for FY 23/24 $4 809 410 Work Plan Rodeo Drive Committee -Requested funding for FY 23/24 Work $210 998 Plan Landscape Funding for Rodeo Drive — Estimate as actual may $30 000 vary Portion of the Beverly Hills Chamber of Commerce Work Plan — $120 150 Requested funding for FY 23/24 Contingency Funding for other Tourism & Marketing Events including Holiday Lighting Celebration and Rodeo Drive Holiday $1,331,585 Decor for Holidays 2023
Total $6,857,143
As of April 2023, all numbers reflected in the chart above for City funding are tentative as the numbers are being finalized for approval by the City Council. Additionally, until the FY 23/24 budget is adopted by the City Council, the numbers are subject to change.
Keith Sterling,
Deputy City Manager
Approved By