Beverly Hills City Council
July 2, 2024

AGENDA REPORT
Meeting Date: July 2, 2024
Item Number:

To: Honorable Mayor & City Council
From: Magdalena Davis, Community Outreach Manager
Subject: AGREEMENT WITH BEVERLY HILLS CHAMBER OF COMMERCE

AND CIVIC ASSOCIATION FOR BUSINESS ATTRACTION AND
RETENTION SERVICES FOR FISCAL YEAR 2024-25; AND
PURCHASE ORDER FOR FISCAL YEAR 2024-2025 IN THE NOT-TOEXCEED AMOUNT OF $553,245 Attachments: 1. Agreement with Chamber of Commerce and Civic Association for Fiscal Year 2024-25

2. June 18, 2024, Agenda Report for the Chamber Work Plan (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 2024-2025 (Attachment 1); 2) Approve a Fiscal Year 2024-2025 (FY 24/25) purchase order for the Beverly Hills Chamber of Commerce and Civic Association for business attraction and retention services in an amount not to exceed $553,245; 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 June 18, 2024, Formal Meeting, the City Council reviewed and approved the FY 24/25 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,

BEVERLW
HILLS
i
Meeting Date: March 18, 2024

issue a FY 24/25 purchase order in an amount not to exceed $553,245, and to waive the bidding requirements as it is in the best interest of the City.

DISCUSSION
Similar to previous years, 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 June 12, 2024, the City Council Liaison/ Chamber of Commerce Committee (Liaisons), Mayor Friedman and Councilmember Wells, reviewed the FY 24/25 work plan and funding request presented by the Chamber. The recommendations from the Committee were presented at the June 18, 2024, 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 24/25 business attraction and retention services; authorizes the issuance of a FY 24/25 purchase order to the Chamber in the amount of $553,245; 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 24/25, 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 FY 24/25 Business Development (00101313) budget will fund $380,000 of the Chamber’s work plan with the remaining $173,245 in funding coming from the Tourism and Marketing budget, as approved by the Council, as several of the Chamber’s initiatives in FY 24/25 are tourism and marketing focused.

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 26 years.

The Policy & Management Department’s Tourism and Marketing budget (01001311) provides funding for activities which market and promote the City to potential travelers, including businesses. In FY 24/25 this includes partial funding for the Chamber as well as the following:

Description of Program to be Funded from Tourism &
Marketing Budget (TOT)
Potential Budget
Allocation FY 24/25
Intellectual Property Legal Services $100,000
Conference & Visitors Bureau
Approved funding for FY 24/25
Work Plan
$4,987,891
Rodeo Drive Committee
Approved funding for FY 25/25 Work
Plan
$197,998
Meeting Date: March 18, 2024

Portion of the Beverly Hills Chamber of Commerce Work Plan Approved funding for FY 24/25,
$173,245
Landscape Funding for Rodeo Drive $30,000
Concours D'Elegance in 2025
Estimate based on prior year $300,000
Contingency Funding for other Tourism & Marketing Events (including the Holiday Lighting Celebration and Rodeo Drive Holiday Décor for Holidays 2025)
$1,525,151
Total $7,314,285
To execute the proposed work plan for FY 23/24, the Chamber requests $553,245 in funding from the City. Funding is available in the City Council adopted FY 24/25 Policy and Management, Business Development Budget ($380,000) as well as the Tourism and Marketing Budget ($173,245) for the Chamber’s proposed work plan, along with the other programs listed above.

Keith Sterling,
Deputy City Manager
Approved By
Attachment 1
1 B0785-0001\2980512v4.doc

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 2024-2025
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: Nancy Hunt-Coffey, City Manager
COMMENCEMENT DATE: July 1, 2024
TERMINATION DATE: June 30, 2025
CONSIDERATION: Not to exceed $553,245 as more particularly described in Exhibit B
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 2 B0785-0001\2980512v4.doc

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 2024-2025
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 staff shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY. CITY shall have the right to order, in writing, changes in the Scope of Work to be mutually agreed upon by the parties. Any changes in the Scope of Work by CHAMBER under $5,000 may be performed without approval of CITY; however, CHAMBER shall notify the City Manager, CITY's Community Outreach Manager (or designee), and/or the City Manager's designee by close of the fiscal year of such change(s). For reallocations between $5,001 - $25,000, CHAMBER must obtain prior written approval from the City Manager, with a copy of the request sent to the Beverly Hills City Council Liaison/ CHAMBER Committee and/or the City Manager's designee prior to reallocation of the funding. For reallocations above $25,000, CHAMBER must obtain prior approval from the Beverly Hills City Council Liaison / CHAMBER Committee at an agendized meeting that is then presented to the full City Council for approval prior to reallocation of the funding. Furthermore, no unused funding may be carried over to the following fiscal year (regardless of amount) without approval by the Beverly Hills City Council Liaison/ CHAMBER Committee at an agendized meeting which is then presented to the full City Council for approval prior to carrying over the funding to the upcoming fiscal year.

CHAMBER staff will meet quarterly with the City Council Liaison / CHAMBER Committee, which are live broadcast and recorded meetings, to discuss and review progress made on CHAMBER’s City Council approved Workplan, which is outlined in Exhibit A Scope of Work, attached hereto and incorporated herein. CHAMBER shall be responsible to request these meetings which shall occur in late September, early December, late March, early June by contacting the City Manager and/or her designee.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 3 B0785-0001\2980512v4.doc
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.
(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 her designee.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 4 B0785-0001\2980512v4.doc
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.
(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 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 which has been previously approved by the City Council.

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 her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 5 B0785-0001\2980512v4.doc
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.

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.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 6 B0785-0001\2980512v4.doc
(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 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. CHAMBER shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming CITY as an additional insured. (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.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 7 B0785-0001\2980512v4.doc
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 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 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 2024-25.

A copy of this report shall be provided to CITY. Such report shall provide consolidated financial DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 8 B0785-0001\2980512v4.doc
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 2024-25 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.
(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 Retention and Examination. 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. Nondiscrimination by CHAMBER. In the performance of this Agreement, CHAMBER 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 activity supported 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).

CHAMBER shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 9 B0785-0001\2980512v4.doc
expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, 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 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 CHAMBER, 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.

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.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 10 B0785-0001\2980512v4.doc
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the ____ day of ___________ 2024, at Beverly Hills, California.

CITY OF BEVERLY HILLS
a Municipal Corporation
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills, California
ATTEST:
(SEAL)

HUMA AHMED
City Clerk

BEVERLY HILLS CHAMBER OF

COMMERCE AND CIVIC ASSOCIATION

TODD JOHNSON
Chief Executive Officer

BOBBE JOY DAWSON
Board Chair
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager

MAGDALENA DAVIS
Community Outreach Manager
[Signatures continue]
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 11 B0785-0001\2980512v4.doc

SHARON L’HEUREUX DRESSEL
Risk Manager

ANTHONY RODSTEIN
Purchasing Services Manager
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 12 B0785-0001\2980512v4.doc

EXHIBIT A

SCOPE OF WORK
CITY shall provide funding to CHAMBER for the period of July 1, 2024 through June 30, 2025 for business attraction and retention program services in the amount of Five Hundred Fifty-Three Thousand Two Hundred Forty-Five Dollars ($553,245.00), in accordance with the work plan and budget submitted by CHAMBER at the June 18, 2024, City Council Formal Meeting. The services to be provided by CHAMBER to CITY are set forth below:

Work Plan Component Time Frame 2024-25
I.A. Marketing and Outreach Support for City and
Partner Events, Functions, and Initiatives
Year-round $54,250
I.B. New York Business Attraction and Retention
Mission
Up to and
including
October 2024
$115,000
I.C. Beverly Hills Property Owners Task Force Year-round $15,000 I.D. Small Business Development Center Year-round $26,350 I.E. Now Beverly Hills Shop Local Program Year-round $130,000 I.F. Broker’s Roundtable Year-round $13,800
I.G. Beverly Hills Small Business Task Force Year-round $15,000 I.H. Beverly Hills Economic Development Webpage
Support
Year-round $7,750
I.I. Mayoral Business Retention Meetings Year-round $15,550 I.J. LA Metro Subway Stakeholder Outreach Meetings Year-round $15,000 I.K. Economic Sustainability Plan Support Year-round $1,195 I.L. Regional Business Attraction Year-round $25,000
I.M. New Business Newsletter Year-round $8,600
I.N. Miami Business Attraction Research Up to
February 2025
$10,750
I.O. Miami Business Attraction Mission Up to and
including
February 2025
$100,000
II.AD.Permit and Fee Waivers
A. Ribbon Cutting Permit Waivers
B. Chamber Signature Events Permits Waivers
C. Chamber Signature Events Place of
Year-round $0
(waiver of fees and
flat-rate parking
only)
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 13 B0785-0001\2980512v4.doc
Assembly Permit Waivers
D. Flat-Rate Parking
Total $553,245
CITY shall waive application, place of assembly, and special event permit fees associated with ribbon cuttings, and certain signature special events hosted by CHAMBER.

A further summary of the items listed in the table on page 11 of this Agreement is as follows:

I.A. CHAMBER shall 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 CITY, CHAMBER, and partners;
I.B. CHAMBER shall organize and participate in the annual New York Business Attraction and Retention Mission setting up twenty-four (24) meetings over three (3) days with companies in New York (both retention and attraction meetings will be mutually agreed upon between CITY and CHAMBER prior to the trip’s finalization at the prior Liaison meeting); I.C. CHAMBER shall manage regular meetings of the Beverly Hills Property Owner’s Task Force, four (4) meetings to occur quarterly, to spur dialogue and develop ideas and plans for commercial properties;
I.D. CHAMBER shall manage the Small Business Development Center Partnership with El Camino College, which will facilitate sixty (60) one-on-one business consultations and four (4) educational seminars/webinars to be held quarterly;
I.E. CHAMBER shall manage the NOW Beverly Hills Shop Local Program. This program focuses on connecting businesses and residents and to encourage residents to shop locally. Four (4) campaigns in total to occur quarterly, and twelve (12) newsletters to occur monthly, as well as regular social media posting;
I.F. CHAMBER shall organize and host four (4) 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 shall provide Management of Beverly Hills Small Business Task Force with four (4) meetings in total to occur quarterly, to gather feedback and recommendations about strategies to attract and retain small businesses in Beverly Hills; I.H. CHAMBER shall assist in updating the Beverly Hills Economic Development webpages on 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 shall organize twelve (12) total Mayoral Business Retention Meetings between CITY business owners and CITY’s Mayor;
I.J. CHAMBER shall organize twelve (12) LA Metro Subway Stakeholder Outreach Meetings.

These monthly meetings will provide a forum for businesses, partner agencies and CITY to DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 I I
14 B0785-0001\2980512v4.doc
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 shall participate in implementation of CITY’s Economic Sustainability Plan and help identify and execute action items in the Plan with one annual update; I.L. CHAMBER shall create Regional Business Attraction Materials and Advertising to attract existing Southern California businesses to expand to Beverly Hills including a new Welcome to Beverly Hills guide, quarterly advertorial buys, and public relations; I.M. CHAMBER shall 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 CITY and CHAMBER;
IN. CHAMBER shall continue a research on business attraction targets within the Miami Region in advance of the new Miami Business Mission (report to be presented before the tentative trip date of February 2025);
IO. CHAMBER shall organize and participate in a new Miami Business Attraction Mission setting up eighteen (18) attraction meetings over three (3) days with companies in the Miami/Dade County area (attraction meetings will be mutually agreed upon between CITY and CHAMBER prior to the trip’s finalization at the prior Liaison meeting); II. A-D. CHAMBER shall be given permit waivers for up to thirty (30) ribbon cuttings for Beverly Hills businesses, as well as a waiver of place of assembly, application, and special event permit fees for four (4) Chamber signature events, as well as flat-rate parking for one (1) Chamber signature event.

Programming
Where applicable, CHAMBER 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 CHAMBER. CHAMBER shall not produce, fabricate, manufacture, or distribute advertising without prior CITY approval where applicable.

II. INFECTIOUS DISEASE
A. CHAMBER shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention Non-Emergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.

B. CHAMBER shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.

C. CHAMBER 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-19 or any infectious disease.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 15 B0785-0001\2980512v4.doc
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.

DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 16 B0785-0001\2980512v4.doc

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 Fifty-Three Thousand Two Hundred Forty-Five Dollars ($553,245.00) as outlined below in the Payment Schedule. 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.

Payment Schedule
Work Plan Payment Chamber
Invoices City
City Issues
Payment
Payment
Amount
First Payment
-Advance for work to be
completed in First Three Months
of Fiscal Year (July-September),
including 50% payment for
preparation of New York Mission
(item I.B.)
July 6, 2024 July 20, 2024 $142,061.25
Second Payment
-Payment for actual work
completed since July 1, 2024,
minus the first payment advance,
and including the remaining 50%
payment for New York Mission
(item I.B.) and 50% payment for
preparation of Miami Mission
(item I.O.)
November 2, 2024 November 16, 2024 $192,061.25
Third Payment
-Payment for actual work
completed since July 1, 2024,
minus the first payment advance
and second payment, and
including the remaining 50%
payment for Miami Mission (item
I.O.)
February 1, 2025 February 15, 2025 $134,561.25
Fourth Payment
- Fourth payment made based on
actual work completed and/or
scheduled to be completed by
June 30, 2025. Any portion of
work not completed in accordance
June 6, 2025 June 20, 2025 $84,561.25
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 17 B0785-0001\2980512v4.doc
Work Plan Payment Chamber
Invoices City
City Issues
Payment
Payment
Amount
with EXHIBIT A of the Work Plan
scheduled to be completed by
June 30, 2025, as listed in
EXHIBIT A will not be invoiced by
CHAMBER or paid by CITY. Any
unused funding shall be returned
to CITY, unless such funding is
approved to be carried over as
part of the work plan for the next
fiscal year.

Total $553,245
DocuSign Envelope ID: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 18 B0785-0001\2980512v4.doc

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: E6EAD43D-ED7C-406D-BD49-E0D4D9910687 Certificate Of Completion
Envelope Id: E6EAD43DED7C406DBD49E0D4D9910687 Status: Sent Subject: Chamber of Commerce FY24_25 -Complete with Docusign Source Envelope:

Document Pages: 18 Signatures: 6 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
6/26/2024 11:39:18 AM
Holder: Cindy Owens
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Bobbe Joy Dawson
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 24.24.167.238
Signed using mobile
Sent: 6/26/2024 11:52:53 AM
Viewed: 6/26/2024 11:53:40 AM
Signed: 6/26/2024 12:43:09 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
Using IP Address: 172.13.86.21
Sent: 6/26/2024 11:52:52 AM
Viewed: 6/26/2024 11:55:02 AM
Signed: 6/26/2024 12:03:10 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Deborah Hakman
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.90.73.20
Signed using mobile
Sent: 6/26/2024 12:43:11 PM
Viewed: 6/26/2024 2:33:21 PM
Signed: 6/26/2024 2:33:42 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.181
Sent: 6/26/2024 2:33:45 PM
Viewed: 6/26/2024 2:54:04 PM
Signed: 6/26/2024 2:55:04 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
DocuSign
Signer Events Signature Timestamp
Magdalena Davis
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 6/26/2024 2:33:45 PM
Viewed: 6/26/2024 2:43:31 PM
Signed: 6/26/2024 2:43:52 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shelley Ovrom
[email protected]
Director of Human Resources
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 6/26/2024 2:33:45 PM
Viewed: 6/26/2024 3:07:28 PM
Signed: 6/26/2024 3:15:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Anthony Rodstein
[email protected]
Purchasing Services Manager
City of Beverly Hills (Finance Department)
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 3:15:45 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Slalle, 0ron
Carbon Copy Events Status Timestamp
Magdalena Davis
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2024 3:15:44 PM
Viewed: 6/26/2024 3:16:20 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/26/2024 11:52:53 AM
Payment Events Status Timestamps

I COPIED
Attachment 2

AGENDA REPORT
Meeting Date: June 18, 2024
Item Number:

To: Honorable Mayor & City Council
From: Magdalena Davis, Community Outreach Manager
Subject: RECOMMENDATION OF THE BEVERLY HILLS CITY COUNCIL

LIAISON / CHAMBER OF COMMERCE COMMITTEE REGARDING
THE FISCAL YEAR 2024/2025 WORK PLAN AND FUNDING
REQUEST BY THE BEVERLY HILLS CHAMBER OF COMMERCE;
AND

RECOMMENDATION TO WAIVE SPECIAL EVENT PERMIT FEES,

PLACE OF ASSEMBLY PERMIT FEES, AND SET FLAT RATE

REDUCED PARKING RATES FOR SPECIFIC EVENTS HOSTED IN

PARTNERSHIP WITH THE BEVERLY HILLS CHAMBER OF

COMMERCE
Attachments: 1. Proposed Chamber of Commerce Work Plan FY 24/25

2. Chamber of Commerce Budget / Cost Detail for FY 24/25

3. Chamber of Commerce Work Plan Presentation

4. Chamber of Commerce Liaison Report from June 12, 2024 (without attachments)

RECOMMENDATION
The Beverly Hills City Council Liaison Chamber of Commerce Committee, Mayor Friedman and Councilmember Wells (Liaisons), recommend the City Council approve the Fiscal Year 2024/2025 (FY 24/25) work plan and total funding request from the Beverly Hills Chamber of Commerce and Civic Association (Chamber) in the amount of $553,245, which includes a new work plan line item for a Miami Business Mission.

Additionally, the Liaisons recommend the additional amount for the workplan increase be from the Tourism and Marketing budget, which is funded by Transit Occupancy Tax (TOT).

Liaisons further recommend approval to waive special event permit fees, place of assembly permit fees, and set flat rate reduced parking rates for specific events hosted in partnership with the Beverly Hills Chamber of Commerce, for a total waiver amount of approximately $43,000.

BEVERLW
HILLS
i
G-5
Meeting Date: June 18, 2024

INTRODUCTION
This item seeks City Council approval of the recommendation of the Beverly Hills City Council Liaison Chamber of Commerce Committee of Mayor Friedman and Councilmember Wells to approve the Chamber FY 24/25 work plan and funding request.

Each year the City enters into an agreement with the Chamber to execute various work plan items, focused on economic sustainability including business development, marketing and outreach, for the upcoming fiscal year. The Chamber is requesting $553,245 for FY 24/25 funding.

DISCUSSION
The City contracts with the Chamber of Commerce to provide a range of economic development programs, which reflect City priorities and seek to both retain existing businesses and attract new businesses to Beverly Hills. The Chamber of Commerce’s main focus is on fostering business-to-business relationships in Beverly Hills and to act as a liaison between the City and business community.

The Chamber’s proposed FY 24/25 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 a new proposed Miami Business Mission. There is also a significant update to the Small Business Development Center work plan item, a new creative agency firm to manage the NOW Beverly Hills Shop Local program, and changes to the Economic Sustainability Workplan item. The Chamber Liaisons met on June 12, 2024, and recommended the following work plan move forward.

Summary of Programming
A summary of the programming listed in the Chamber’s Work Plan is below with more detail provided in Attachment 1 and a breakdown on both the hard costs and staff budget in Attachment 2.

I.A. Chamber of Commerce will provide Marketing and Outreach Support for City and Partner Events, Functions, and Initiatives by providing marketing and communications support and business visitations to inform businesses about key resources and news updates and gather critical data and information for the City, Chamber and partners programs and initiatives included but not limited to Council Priorities, Green Business initiatives, Summer and Holiday programming, and more;
I.B. Chamber of Commerce will organize and participate in the annual New York Business Attraction and Retention Mission setting up 24 meetings with companies in New York, including all research and follow-up required. Roughly 6-8 business retention and 16-18 business attraction meetings to be conducted, however the actual balance between retention and attraction meetings will be mutually agreed upon between the City and the Chamber prior to the trip’s finalization;
I.C. Chamber of Commerce will manage regular meetings of the Beverly Hills Commercial Property Owner’s Task Force (4 meetings in total to occur quarterly) 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. This program is proposed to continue to offer 60 one-on-one business counseling sessions, and make an adjustment to the educational Meeting Date: June 18, 2024

seminars – moving from a monthly to quarterly format with more engaging topics and speakers;
I.E. Chamber of Commerce will manage the NOW Beverly Hills Shop Local Program.

This program focuses on connecting businesses and residents, to encourage residents to shop locally. To achieve better marketing results across all businesses and neighborhoods, the Chamber proposes to make a change to a new creative agency, which will produce 4 campaigns in total to occur quarterly, 12 newsletters to occur monthly, and ongoing social media;
I.F. Chamber of Commerce will organize and host Broker’s Roundtables so retail and office commercial real estate brokers can meet with City staff to facilitate discussion on real estate opportunities that could benefit the community (4 total meetings per year, with 2 focused on retail and 2 focused on office);
I.G. Chamber of Commerce will provide management of Beverly Hills Small Business Task Force (4 meetings in total to occur quarterly) 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 new website which will provide a series of economic development data tools to help existing and prospective businesses gather critical business information, including a new “Welcome Guide” for businesses opening in Beverly Hills, which was recommended by the Chamber Liaisons; I.I. Chamber of Commerce will organize Mayoral Business Retention Meetings (12 in total) between Beverly Hills business owners and the Mayor; I.J. Chamber of Commerce will organize 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 (to be held monthly for a total of 12 meetings). Funds for this work plan item may be subject to reimbursement from Metro and will be tracked accordingly.

I.K. Chamber of Commerce will continue to implement action items from the City’s Economic Sustainability Plan, however is now proposed to be updated annually only; I.L. Chamber of Commerce will create Regional Business Attraction Materials and Advertising to attract existing Southern California businesses to expand to Beverly Hills (advertorial buys and PR), which this year will include a “Welcome Guide” for new businesses;
I.M. Chamber of Commerce will continue to push out the quarterly “New Business Newsletter” (4 times a year) featuring “new” and “coming soon” businesses to help support business attraction efforts of both the City and the Chamber; I.N. Chamber of Commerce will conclude the feasibility study/research on a Business Mission to Miami, focusing on business attraction targets (report to be presented in advance of the trip, by at least the Chamber’s Q2 Liaison meeting); I.O. Chamber of Commerce proposes a Miami Business Attraction Mission; this new work plan item was recommended at both the May 22 and June 12, 2024, Chamber Meeting Date: June 18, 2024

Liaison meetings and would include a three-day days of meetings during a five-day trip, tentatively set for February 2025, as well as the necessary marketing materials, business meeting research and setup. Roughly 6 business attraction meetings between 2 groups of Council, Chamber and City staff to be conducted per day for a total of 18, however the actual meetings with the businesses will be mutually agreed upon between the City and the Chamber prior to the trip’s finalization; II. A-D Chamber of Commerce is requesting a waiver of various permit fees and approval of flat-rate parking for the following:
• Waive Special Event Permit Fees for Chamber Member Ribbon Cuttings • Waive Place of Assembly Fees for four (4) specific Chamber signature events listed in Attachment 1
• Waive Special Event Permit and Processing Fees for four (4) specific Chamber signature events listed in Attachment 1
• Approve Parking Flat Rates for one (1) specific Chamber of Commerce event listed in Attachment 1
In FY 23/24 the City Council approved the waiver of permit fees for specific Chamber of Commerce Signature Events, as well as Special Event Permit Fees for Chamber member ribbon cuttings. The request for FY 24-25 is for four (4) Signature Chamber events, and up to thirty (30) ribbon cuttings, as listed in Attachment 1 to this report. The estimated value of the fee waivers and flat-rate parking is also included in Attachment 1, as provided by the Chamber, and totals approximately $43,000. The actual value for any fee waivers or flat-rate parking will vary based on the number of actual attendees and the extent of the event footprint.

FISCAL IMPACT
For FY 24/25, the Chamber of Commerce is requesting $553,245 as further detailed in Attachments 1 and 2. Additionally, the Chamber is also requesting specific fee waivers and flat-rate parking as noted above.

The following executive summary table gives the budget breakdown of both hard and staff costs associated with the work plan, with a hard cost total of $162,030, and $391,215 for staff costs.

Executive Summary Proposed
Budget
Marketing and Outreach Support for City and Partner Events, Functions and Services
$54,250
New York Business Attraction and Retention Mission $115,000 Beverly Hills Property Owners Task Force $15,000
Small Business Development Center Partnership $26,350
Now Beverly Hills - Shop Local Program $130,000
Broker's Roundtables $13,800
Beverly Hills Small Business Task Force $15,000
Beverly Hills Economic Development Website Support $7,750 Mayoral Business Retention Meetings $15,550
LA Metro Subway Stakeholder Outreach Meetings $15,000*
Economic Sustainability Plan Support $1,195
Meeting Date: June 18, 2024

Regional Business Attraction $25,000
New Business Newsletter $8,600
Miami Business Attraction Research $10,750
Miami Business Attraction Mission $100,000
Total $553,245
*Cost is reimbursable by Metro
The table below reflects the consideration approved by the City Council for the Chamber’s Agreements with the City for the last five fiscal years and the proposed request for FY 24/25 for the Chamber’s work plan.

FY 19/20
Adopted
Budget
FY 20/21
Adopted
Budget
FY 21/22
Adopted
Budget
FY 22/23
Original
Budget
FY 22/23
Revised
Budget*
FY 23/24
Adopted
Budget
FY 24/25
Proposed
Budget
Chamber
Work
Plan
$347,505 $304,080 $488,940 $540,530 $327,025 $450,150 $553,245 *In FY 22/23 the Chamber did not complete the NY Sales Mission and ended the contract with Buxton for economic development software services early which resulted in a revised budget amount for FY 22/23 and a contract amendment to reflect that reduction.

Traditionally, the Chamber work plan is primarily funded by FY 24/25 Business Development (00101313) budget, the amount of which was presented to City Council by the Finance Department at the May 21, 2024, Council Meeting. At the June 12, 2024, Liaison meeting, the Liaisons confirmed that budget continue to fund $380,000 of the Chamber’s work plan. With this budget, the Chamber’s current proposal requires $173,245 in additional funding.

The remaining annual work plan item funding has previously come from the Tourism and Marketing budget, funded by Transient Occupancy Tax (TOT), as several of the Chamber’s initiatives are tourism and marketing focused. In FY 23/24 for example, $120,150 was approved from the Tourism and Marketing budget. As in past years, $120,000 of the Tourism and Marketing budget was recommended by Liaisons on June 12, 2024, to continue, based on the work plan items, with the remainder of the Chamber’s work plan funding to also come from the Tourism and Marketing budget. The alternative option presented (an appropriation from the General Fund) was not recommended. At least three items of the Chamber’s work plan can be considered Tourism and Marketing focused, including Marketing and Outreach Support for City and Partner Events, Functions and Services, Now Beverly Hills - Shop Local Program, and Regional Business Attraction.

Funding
Source
Business
Development
Budget
Tourism &
Marketing
Budget (TOT)
Additional TOT
allocation (from
contingency funding, see
TOT budget table) Total
Chamber
Proposed
FY24/25
Budget
$380,000 $120,000 $53,245 $553,245
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 Meeting Date: June 18, 2024

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 26 years.

The Finance Department is currently forecasting TOT revenue of $51,200,000 for FY24/25, as of the May 21, 2024, budget presentation to the City Council. Using the $51,200,000 estimate for TOT, the one-seventh amount would be $7,314,285.

With the recommendation from the Liaisons that the additional requested funding from the Chamber come from TOT, Staff anticipates this funding would be allocated for various programs and partner agreements as shown below:

Description of Program to be Funded from
Tourism & Marketing Budget (TOT)
Previous Budget
Allocation FY
23/24
Potential Budget
Allocation FY
24/25
Intellectual Property Legal Services $100,000 $100,000
Conference & Visitors Bureau
Requested funding for FY 24/25
Work Plan
$4,809,410 $4,987,891
Rodeo Drive Committee
Requested funding for FY 25/25 Work
Plan
$210,998 $197,998
Portion of the Beverly Hills Chamber of
Commerce Work Plan
Requested funding for FY 24/25, including
additional funding
$120,150 $173,245
Landscape Funding for Rodeo Drive
Estimate as actual may vary
$30,000 $30,000
Concours D'Elegance in 2025
Estimate based on prior year $255,000 $300,000
Contingency Funding for other Tourism &
Marketing Events (including the Holiday Lighting
Celebration and Rodeo Drive Holiday
Décor for Holidays 2025)
$1,331,585 $1,525,151
Total $6,857,143 $7,314,285
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 24/25 budget is adopted by the City Council at this Council meeting, the numbers are subject to change.

Staff has also identified $15,000 of the Chamber of Commerce’s proposed Work Plan expenses as being related to Section 2 of the Purple Line Extension. These costs may 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 submit for reimbursement of those expenses, subject to approval.

Keith Sterling,
Deputy City Manager
Approved By