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12.B Report Award TJA Contract for Tourism Marketing 2022-05-17

Pismo Beach City Council
May 17, 2022

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12.B Report Award TJA Contract for Tourism Marketing 2022-05-17
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May 17, 2022
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Pismo Beach City Council
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PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.B

SUBJECT/TITLE:

AWARD OF TWO SEPARATE AGREEMENTS TO TJA ADVERTISING & PUBLIC RELATIONS, INC. FOR TOURISM MARKETING SERVICES

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to enter into agreements with TJA Advertising & Public Relations, Inc. for the three-year period of July 1, 2022, through June 30, 2025, for the provision of promotion and marketing services for the City of Pismo Beach Conference & Visitors Bureau and the Pismo Beach Lodging Business Improvement District (LBID).

BACKGROUND:

The City’s current contracts with TJA Advertising & Public Relations, Inc. (TJA Advertising) for promotion and marketing services for the Conference & Visitors Bureau (CVB) and for the Lodging Business Improvement District (LBID) expire on June 30, 2022.

Based on a review of other recent proposals (Visit SLO Cal and See Monterey) and of the City’s needs, staff issued a Request for Proposals for these services for a term to begin July 1, 2022, through June 30, 2025. The RFP is provided as part of Attachment

4. The RFP was comprehensive, and a process was established to ensure fairness and competitiveness. Staff solicited the Visit SLO CAL Chief Marketing Officer to provide recommendations of full-service agencies which were included in the list of recipients.

Staff also asked Travel Vertical, which lists RFP requests for destination marketing organizations domestically, to share the RFP on its website.

Fourteen marketing agencies requested and received the RFP. On March 25, 2022, four marketing agencies submitted proposals. On April 7, 2022, the CVB Marketing Selection Subcommittee met to review and score the proposals. The Marketing Selection Subcommittee included the Chief Marketing Officer of Visit SLO CAL, the Sales and Marketing Director for Santa Barbara Hotel Group, the President of the Pismo Beach Hospitality Association, the Conference & Visitors Bureau Advisory Board Chair and Vice Chair and the Tourism & Events Director. Based on scores after review of the submitted materials, the top two marketing agencies, Madden Media based in Tucson, Arizona and TJA Advertising based in Pismo Beach, California were invited to present their proposal to the Marketing Selection Subcommittee on April 13, 2022. Proposals received, scoring criteria, and other information about agencies contacted are included in Attachment 4.

CVB / LBID Advisory Body Recommendation
At the April 20, 2022 meeting of the Conference and Visitors Bureau Board / Lodging Business Improvement District Advisory Board, staff presented the recommendation from the Marketing Selection Committee. The CVB/LBID Advisory Board voted unanimously to recommend that the Council award the contracts to TJA Advertising, based on their

12.B-1Council Agenda 5-17-2022

responsiveness to the RFP, understanding of the community, experience of the account representative, positive feedback from references, and high scores from the selection panel. The CVB / LBID Advisory Board staff report, including the published RFP, proposals received, and other information, is available online in the City’s Access Pismo public records portal at www.pismobeach.org/accesspismo1 (Attachment 4).

Marketing Plan and Agreement Components
Based on the goals and objectives of the City’s strategic plan, the contract will provide for the following:
 A state-of-the-art website as the principal fulfillment tool for all marketing.  A branding graphic design refresh.
 Production of new, short-form vertical video production and posting.  Stewardship and Education program.
 Stay Vacation (“staycation”) campaign with the goal of turning same-day visitors into overnight stays.
 Implementation of all elements of the new strategic marketing and media plan over a three-year period.
 New market development in Sacramento, San Diego, and Portland.  Cooperative marketing with Visit California, Visit SLO Cal and CCTC.  Development of the media plan which continues to move into more digital marketing opportunities.
 Work with SLO Coastal Wine Collective to promote “Wine and Waves” branding.  Continuing to collect research data on visitors to Pismo Beach to ensure midweek offseason overnight lodging stays are maximized.

Accomplishing these goals will require a comprehensive marketing campaign that combines advertising, social media, public relations, and online strategies. In order to achieve the goal of increasing occupancy, TJA Advertising will work to accomplish the following tasks:
 Increase mid-week tourism by increasing overnight stays during the shoulder  season.
 Work with the lodging industry to develop more value-added and resident packages.
 Increase group, business, and corporate retreat business.  Event promotion marketing to attract off season events creating multiple night midweek, offseason overnight stays.
 More cooperation with the San Luis Obispo County wine region to build reasons  for longer overnight stays in Pismo Beach.

Per the agreement, to carry out the execution of the above tasks, TJA Advertising will receive, as compensation, a 15% agency commission on all media advertising. If the media is not commissionable, TJA Advertising will charge 15% of the placement cost.

1 Full URL:
https://accesspismo.pismobeach.org/WebLink/DocView.aspx?id=426415&dbid=0&repo=Laserfiche

12.B-2Council Agenda 5-17-2022

This is consistent practice for compensation of marketing companies. This framework provides the agency the freedom to recommend all advertising, whether it offers a commission or not. Those areas that are non-advertising or not compensated by the 15% arrangement such as public relations, social media, website, event planning, and art and design will be billed on an hourly basis of $95.00 per hour, including Art Direction, Broadcast Production, Website Coordination, Social Media Marketing Planning, and Public Relations Coordination.

Conclusion and Recommendation
Staff and the CVB / LBID Advisory Board recommend that the Council adopt a Resolution (Attachment 1) authorizing the City Manager to enter into two separate agreements with TJA Advertising & Public Relations, Inc. for the three-year period of July 1, 2022, through June 30, 2025, for the provision of promotion and marketing services for the Conference and Visitors Bureau (Attachment 2), and for the Lodging Business Improvement District (Attachment 3), respectively. The proposed budget for Fiscal Year (FY) 2022 includes the contract amounts from the General Fund and LBID Fund available fund balance to support the first year of the contract.

FISCAL IMPACT:

The fiscal impact of approving the attached resolution is $669,000 over 3 years in the General Fund, or $223,000 per year and $3,852,355 over three years in the LBID Fund, or $1,222,000 in FY 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025. The General Fund proposed amount remains level at $223,000 per year starting in FY 2023, whereas the LBID Fund increases by 5% in FY 2024 and FY 2025. Staff estimates that there will be sufficient funds to support both agreements, with additional proposed budget adjustments listed in the Proposed Budget Adjustments section below. Table 1 provides the details of the amounts by fund, category, and fiscal year. Details of the components of the marketing plan can be found in Exhibit B of the two agreements.

Table 1. Cost of Each Agreement by Fiscal Year

FY 2023 FY 2024 FY 2025 3-Year Total
General Fund
Hourly Rate 103,000$ 103,000$ 103,000$ 309,000$ Media 102,000 102,000 102,000 306,000 15% Commissions 18,000 18,000 18,000 54,000 Total General Fund 223,000$ 223,000$ 223,000$ 669,000$ LBID Fund
Hourly Rate 469,000$ 492,450$ 517,073$ 1,478,523$ Media 640,050 672,052 705,654 2,017,756 15% Commissions 112,950 118,598 124,528 356,076 Total LBID Fund 1,222,000$ 1,283,100$ 1,347,255$ 3,852,355$

12.B-3Council Agenda 5-17-2022

General Fund CVB Marketing Support
The General Fund CVB support of marketing has been $222,954 for the past 5 years. In FY 2022, this amount was decreased to $112,054. Based on Council direction on April 5, 2022 to support a Pismo Beach Stewardship and Education program, Stay Vacation campaign, and potential support of research for an employee shuttle service, staff recommends that the FY 2023 through FY 2025 agreement should be $223,000 per year, which includes the full General Fund CVB marketing support.

LBID Fund Marketing Support
The LBID support of marketing is $1,068,047 for FY 2022, which is equal to a 5% annual increase from the FY 2019 marketing contract. On April 5, 2022, Council gave staff direction to spend an additional $350,000 per year to increase the LBID annual marketing agreement starting in FY 2023. However, instead of spending the full $350,000 per year, staff recommends spending $100,000 per year on top of the 5% annual increase to ensure sufficient funds are available for the three years of the agreement. As such, the proposed FY 2023 agreement is 5% over the FY 2022 amount plus an additional $100,000 for a proposed amount of $1,222,000 in FY 2023. The FY 2024 and FY 2025 amounts include a 5% annual increase.

Proposed Budget Adjustments
Based on the above proposed amounts, staff recommends that Council make the following budget adjustments for FY 2023.

 The FY 2023 General Fund Tourism & Events Department CVB Division budget for marketing is $222,954. The proposed contract amount for the General Fund CVB Marketing support is $223,000. Staff recommends increasing the FY 2023 General Fund CVB Marketing budget by $46. Details by account are provided below:

Table 2. CVB / General Fund Budget Adjustments by Fiscal Year

 The FY 2023 LBID Fund Tourism & Events Department CVB Division budget for marketing is $968,750. (Note that the FY 2022 LBID Fund marketing budget is $1,129,502.) The proposed contract amount for the LBID Fund CVB Marketing support is $1,222,000. Staff recommends increasing the FY 2023 LBID Fund CVB Marketing budget by $253,250. Details by account are provided below:

General Fund
FY 2023
Adopted
Budget
FY 2023
Proposed
Budget
FY 2023
Budget
Adjustment
Advertising & Promotion 201,047$ 205,000$ 3,953$ Professional Services 21,907 18,000 (3,907) Total General Fund 222,954$ 223,000$ 46$

12.B-4Council Agenda 5-17-2022

Table 3. LBID Fund Budget Adjustments by Fiscal Year
ALTERNATIVES:

1. Do not authorize TJA Advertising contracts; provide staff with other direction.

ATTACHMENTS:

1. Resolution Awarding both Agreements

1.A. Exhibit A to Resolution: Proposal & Scope of Work for both agreements

1.B. Exhibit B to Resolution: Budgets for both agreements

2.TJA Agreement for City General Fund CVB Marketing

3.TJA Agreement for LBID Marketing

4.April 20, 2022 CVB Board Agenda Report & Supporting Materials (online attachment only)
Submitted by: Meeting Date: May 17, 2022
Gordon Jackson, Director of Tourism and Events
City Manager Approval:

LBID Fund
FY 2023
Adopted
Budget
FY 2023
Proposed
Budget
FY 2023
Budget
Adjustment
Advertising & Promotion 884,900$ 1,109,050$ 224,150$ Professional Services 83,850 112,950 29,100
Total LBID Fund 968,750$ 1,222,000$ 253,250$

12.B-5Council Agenda 5-17-2022

RESOLUTION NO. R-2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH TJA ADVERTISING & PUBLIC RELATIONS, INC. FOR THE THREE-YEAR PERIOD OF JULY 1, 2022, THROUGH JUNE 30, 2025, FOR THE PROVISION OF

PROMOTION AND MARKETING SERVICES FOR THE CITY OF PISMO BEACH

CONFERENCE & VISITORS BUREAU AND THE PISMO BEACH LODGING

BUSINESS IMPROVEMENT DISTRICT (LBID)

WHEREAS, the City’s current vendor agreements for Promotion and Marketing Services expire on June 30, 2022; and

WHEREAS, staff issued a Request for Proposals, including direct contact with fourteen agencies, four of whom responded by submitting proposals; and

WHEREAS, on April 7, 2022, the CVB Board Marketing Subcommittee met to review the proposals received and contact references; and on April 13, 2022, the Subcommittee had the two top agencies present their proposals; and

WHEREAS, on April 20, 2022, the Conference and Visitors Bureau Board / Lodging Business Improvement District Board received a report on the Subcommittee’s findings, and recommended that the City Council award two separate contracts for the period of July 1, 2022—June 30, 2025 to TJA Advertising & Public Relations for promotion and marketing of the Conference and Visitors Bureau (CVB) and the Pismo Beach Lodging Business Improvement District (LBID); and

WHEREAS, the General Fund and LBID Fund are projected to have sufficient operating surpluses to support the three-year agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby awards and authorizes the City Manager to execute two separate Promotion and Marketing Agreements to TJA Advertising & Public Relations, Inc. for the period of July 1, 2022—June 30, 2025:

1. An agreement for General Fund CVB services in the amount of $669,000 over three fiscal years, or $223,000 per year in Fiscal Year (FY) 2023, 2024, and 2025 (scope provided in Exhibit A and compensation provided in Exhibit B); and

2. An agreement for LBID services in the amount of $3,852,355 over three fiscal years, or $1,222,000 in FY 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025 (scope provided in Exhibit A and compensation provided in Exhibit B).

BE IT FURTHER RESOLVED that the City Council of the City of Pismo Beach hereby appropriates $3,953 in the advertising and promotions account and deappropriates $3,907 in the professional services account of the FY 2023 General Fund Tourism & Events Department CVB Division budget; and appropriates $224,150 in the advertising and promotions account and $29,100 in the professional services account of the FY 2023 LBID Fund Tourism & Events Department CVB Division budget.

12.B-6Council Agenda 5-17-2022
Attachment 1

UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:

________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk

12.B-7Council Agenda 5-17-2022
Attachment 1

Prepared for City of Pismo Beach/LBID
Prepared by TJA Advertising TJAAdvertising.com
Response to RFP Tourism Marketing
City of Pismo Beach/LBID
March 25, 2022

12.B-8Council Agenda 5-17-2022
Attachment 1.A

Dear RFP Selection Committee:

We have been very proud of our long business partnership with the City of Pismo Beach and the LBID over these many years. Our entire team looks forward to the opportunity to continue to make the destination the envy of the rest of the state and county, as it relates to growth in TOT, sales tax revenues, RevPar, social media engagements, and website visits. Our number one goal is to mll our hotels and motels, vacation rentals, and RV resorts, so the lodging industry and the City of Pismo Beach continue to prosper.

Our extensive experience in tourism marketing, combined with our intimate knowledge of the Pismo Beach experience, will enable us to assume responsibility for this account without wasting costly start up time. Our ofmces have been headquartered in downtown Pismo Beach for over a decade, many of our staff live here, work here, and play here. We not only market your various events, we also attend them. We volunteer in the community, and we are more than just a vendor; we are a part of the Pismo Beach community.

TJA recognizes it is not just about our past accomplishments, but rather the importance of looking to the future and developing a mscally benemcial and cutting edge marketing strategy going forward.

TJA recently completed the new 20222025 4trategic and Marketing Plan for Pismo Beach. Working with the CVB Board and Executive Director, PBHA and the City of Pismo Beach, we crafted a plan, which was unanimously approved by the CVB Board. This work is now completed, and we are ready to carry out our approved plan for the next years of the new contract.

We believe that our unique marketing skill set, combined with our knowledge of the City’s tourism assets, will enable us to enhance your efforts to bring more people, to enjoy more time, and spend more money in Pismo Beach. We feel that we are the right agency for this effort, at the right time, and now is the time to work together once again as partners in the continued success of Pismo Beach. 4incerely,
John Sorgenfrei
President and Owner, TJA Advertising
[email protected]

12.B-9Council Agenda 5-17-2022
Attachment 1.A

5 History
6 A Proven Partner
8 Past Campaigns and 4uccesses
10 Marketing Campaigns and 4uccesses
12 CVB 4trategic Plan
13 CVB 4trategic Imperatives
14 Target Market and Demographics
15 Pismo Beach Creative
16 Marketing 4trategies
17 Collaborative Partnerships
18 Expanding Brand Initiatives
19 Visitor and Resident 4atisfaction
20 Advertising and Marketing Objectives
21 The Past, the Present and the Future
22 4tewardship and Educational Outreach
24 4ocial Media 4uccess
25 Marketing and Media Plan 2022202
26 Additional Budget LBID Reserves
27 Agency Compensation and Budget
28 Meet Our Team
30 The TJA Organization
31 References
Content

12.B-10Council Agenda 5-17-2022
Attachment 1.A

Proposal submitted by
0DLQ2IÀFH
500 Cypress 4treet, 4uite 4, Pismo Beach, CA 
05
5020 | 05
5022 FA9 | [email protected]
Management Team Pismo Beach
John Sorgenfrei | Account 4upervisor
Claudia Torkelson | 4ocial Media Director
Quint Stevens | Creative Director
Rick Turton | Website Online Director
Georgina Stassi | Director of Public Relations
Eileen Morris | Content Creator and Director of 4tewardship & Educational Outreach
Melissa Hageman | Finance Manager
TJA Advertising & Public Relations, Inc.
4 Corporation
4 City of Pismo Beach/LBID

12.B-11Council Agenda 5-17-2022
Attachment 1.A

General Capabilities
• Account Management
• Creative 4ervices
• 4ocial Media
• Public Relations
• Government Relations
• Budget Planning
• Media Planning/Buying
• Radio and Print Production
• Television & Web Video Production
• Web 4ite Design and Management
• Native Advertising Creation
• Digital Marketing
• 4ales/Informational Brochures
• Coop Coordination
• Video Presentations
• Market Research
• NonTraditional Media
• Branding Campaigns
• Innuencer Management
For more than 2 years, TJA has been on the leading edge of advertising and public relations in 4an Luis Obispo County. Today, we are one of the longest established fullservice advertising agencies on the Central Coast.

Our fullservice agency offers clients a complete menu of communications services provided by a staff of professionals with unparalleled skills and abilities in this market.

History
City of Pismo Beach/LBID 5

12.B-12Council Agenda 5-17-2022
Attachment 1.A

• Over a decade of proven quality service to the City of Pismo Beach and the LBID.
• Long established company with strong mnancial strength and stability. • Continued growth in TOT, RevPAR and Occupancy for Pismo Beach under our direction.
• We know your business; there is no need to spend time and money training a new agency.
• Agency principle and mrm owner is your lead account representative and will continue to be for the next full contract period. • John 4orgenfrei serves on the Visit 4LO CAL Marketing Committee, providing increased knowledge of current campaigns, tactics and coop opportunities that some other agencies would not have available.
• Our ofmce is located in downtown Pismo Beach. We are not only local, but we are in the City of Pismo Beach doing business. We are a part of the community of Pismo Beach.
• Being local, there are no travel expenses, we attend all events and meetings, and we are here for you any time, any place, in minutes of your requests.

• TJA has demonstrated its desire and ability to respond during a crisis and to be nexible to meet the City’s needs. We cut our contract by 80%, stopped all advertising, and reduced spending for months during the outbreak of COVID. However, we were there each day for Pismo Beach to execute P4As, press releases, and other communications to residents, as well as the visitor markets, about restrictions and safety. When the time was right to start marketing again, we were there, ready to bring our visitors back, with record increases in revenue for the lodging industry and the City of Pismo Beach.
• Our agency has been placing media for a long time. We have solid media partnerships with the Los Angeles Times, 4an Francisco Chronicle, 4an Jose Mercury News, Google, Facebook, Instagram, Los Angeles Magazine, Fresno Bee, and many other national media services, both in traditional and digital media. We know what rates and programs to secure, and always at the most competitive prices, with value added programs secured at no cost to the client. • Advertising has earned the trust and respect of the lodging industry (PBHA), the City of Pismo Beach, and other supporting partners, such as Visit 4LO CAL and CCTC.
• TJA produced a targeted media campaign along with new creative for diversity and continues to promote this on behalf of Pismo Beach. • We recognize the importance of the residents of Pismo Beach and how tourism can affect their quality of life. Living and working in the community, and having served on the Planning Commission of Pismo Beach for over ten years, have provided TJA with a unique perspective on this very important issue.

TJA Advertising and Public Relations - a Proven Partner 6 City of Pismo Beach/LBID

12.B-13Council Agenda 5-17-2022
Attachment 1.A

Outdoor Creative 202 and 2022
City of Pismo Beach/LBID 7

12.B-14Council Agenda 5-17-2022
Attachment 1.A

Pismo Beach CVB and LBID
TJA has worked with the Conference & Visitors Bureau of Pismo Beach, LBID, PBHA, and the City Council to rebrand and reposition the City of Pismo Beach to a more afnuent visitor over the years. The goal was to increase TOT from visitors spending more money and staying longer.

The media was redirected, the image and theme of all the advertising was changed, and this resulted in a much higher TOT and larger general fund growth rate. The lodging properties also enjoyed more visitors coming to Pismo Beach from Orange County, Los Angeles, 4an Francisco, and other target markets, with less dependency on Central Valley visitors. Pismo Beach continues to enjoy a higher room rate and increased city revenues each year. While there are many factors, which contribute to the City’s success, we feel our mrm has played a signimcant role in this positive outcome. We continue to have more visitors than any other city or BID in the County and beyond, and our TOT has experienced solid growth over the years. This growth and other milestones will be discussed later in this proposal.

Tourism and destination promotions have been a cornerstone of our business since our inception 42 years ago, and we have a long history in the area of tourism marketing. We have produced advertising and marketing campaigns for a wide variety of tourism-related accounts. Many of these campaigns involved media placement, creative design, social media, web site development/design, digital marketing, public relations, branding, market research, broadcast television, radio, Internet advertising, email newsletters, event development/promotion, and a wide array of collateral production. One of our long-established clients is Pismo Beach. We have been proud to serve all of your marketing needs for over a decade, and we look forward to continuing this very successful partnership for many years to come. We have only begun to achieve what we can achieve together.

Past Campaigns and Successes
8 City of Pismo Beach/LBID

12.B-15Council Agenda 5-17-2022
Attachment 1.A

Highway 1 Discovery Route
TJA Advertising has been proudly managing the social media accounts for the Highway  Discovery Route since 20. Additionally, TJA is responsible for the dayto day content creation, community management, and reporting on all social media platforms. During CBID meetings, Highway  Discovery Route’s other Local Fund Areas look to TJA for guidance on their social media content. For example, TJA created a social media toolkit as a guide for the LFAs to use during the Hidden 4ecrets campaign.

Avila Beach
TJA assisted Avila Beach business and lodging owners in securing tourism mitigation funding from Unocal for losses incurred because of the Avila Beach oil spill. Unocal agreed to provide funding (00,000), but it would not release these funds until a marketing and branding plan was developed and approved by them. TJA developed the marketing plan, which included the use of market research and data retrieval, to demonstrate the best use of future media and public relations efforts.

TJA produced outdoor advertising, designed the website visitavilabeach. com, wrote and produced a short video for tourism outreach, and worked with the lodging and business community to develop the mrst ever Avila Fish and Farmers’ Market event, which brought thousands of new people into Avila Beach. TJA worked with the business and lodging community of Avila Beach, making the small beachside community a valued tourist destination once again. Today, TJA continues to work with Avila Beach on growing its tourism, including participating in many coop and shared events with Pismo Beach.

City of Pismo Beach/LBID 9

12.B-16Council Agenda 5-17-2022
Attachment 1.A

Marketing Campaigns and Successes
Present and Past Marketing Experience
TJA Advertising has a great deal of experience working with many DMOs, lodging properties, events, and other related tourism accounts.

Our depth of experience in tourism goes back over 20 years. • City of Morro Bay (Agency of Record for over 20 years) • Moonstone Hotel Chain (Branding campaign for all 0 properties) • Sycamore Mineral Springs (Agency for over 0 years) • Dolphin Bay Resort (Marketing the opening of hotel) • City of Solvang (Agency of Record for over 5 years) • San Luis Obispo County Airport (Logo design and served on the Marketing Committee)
• Merced Airport (Marketing grant for small airport development) • Santa Maria Airport (Agency for over 8 years, promoted new Allegiant Air 4ervice. Public Relations, advertising, logo design and collateral)
• San Luis Obispo County Tourism (Developed co op campaigns prior to the formation of BID)
10 City of Pismo Beach/LBID

12.B-17Council Agenda 5-17-2022
Attachment 1.A

Present and Past Tourism Event Marketing
Experience
TJA Advertising has handled all of the marketing of these events, which involved public relations, advertising, logistics, video production, website insertions, collateral and more.

• Wine, Waves & Beyond
• Chardonnay Symposium
• Taste of Pismo
• Jazz Jubilee
• :6$6XUÀQJ&KDPSLRQVKLSV
• 3LVPR%HDFK,6$:RUOG3DUD6XUÀQJ&KDPSLRQVKLSV
• Pismo Beach Clam Festival
• Pumpkins in the Park
• Wine Walks
• Classic California Christmas
• &KDSPDQ+RXVH6ZLQJLQ·E\WKH6HD
• Pismo Classic Car Show
• Holiday Harmony & Tree Lighting Ceremony
• 4th of July Fireworks Celebration
• 3DFLÀF%UHH]H&RQFHUWV
City of Pismo Beach/LBID 11

12.B-18Council Agenda 5-17-2022
Attachment 1.A

Pismo Beach CVB Strategic Plan
Brand
Pismo Beach is a Classic California
beach town, where visitors emotionally
attach themselves to its laid back,
coastal lifestyle. With a rich wine
region just 0 miles away, and outdoor
adventure opportunities that are
unsurpassed, visitors experience
destination loyalty that inspires them to
return regularly. We create meaningful
experiences with our visitors so they
return and share their positive travel
stays with family and friends.

Strategic Imperatives
Grow tourism in a targeted and
responsible way; work with tourism
partners; expand brand initiatives; and
ensure repeat customers through
visitor satisfaction.

Mission Statement
The Pismo Beach CVB builds overnight
visitor revenues, as well as destination
awareness, by consistently promoting
an identimable, effective, and ongoing,
targeted promotional message. The
CVB serves as the voice of Pismo
Beach tourism.

Vision
The Pismo Beach CVB manages, with
integrity, the brand for the destination of
Pismo Beach through its relationships
with strategic partners, and delivering
smart tourism growth by utilizing
leading edge promotional tactics.

Role
The Pismo Beach CVB provides the
City of Pismo Beach and the lodging
industry comprehensive tourism brand
management and awareness through
collaborative partnerships and a
targeted marketing and promotional
budget. The Board also serves as an
advisory group to the Pismo Beach
City Council as it relates to tourism
and collaborates with the Pismo Beach
Hospitality Associates on marketing
initiatives.

CVB
Strategic Plan
1 24
3 5
CVB
Strategic Plan
1 24
3 5
12 City of Pismo Beach/LBID

12.B-19Council Agenda 5-17-2022
Attachment 1.A

Pismo Beach CVB Strategic Imperatives
Strategic
Imperatives
Collaborative Partnerships
Collaborative partnerships and strategic
alliances increase the awareness of
tourism available in the City of Pismo
Beach by working collaboratively with
Visit 4LO CAL, Visit California, CCTC,
PBHA, the Chamber of Commerce,
4LOCoast Wine Collective, Edna Valley
Wineries and the Land Conservancy of
4LO County.

Smart Tourism Growth
Conduct focused Behavioral and
Demographic targeting to ensure growth
is not limited to occupancy, but also
drives RevPar and TOT growth. This
will create a lower impact on the local
community, enjoying the beaches and
other City of Pismo Beach resources.

Develop a 4ustainable Tourism Plan
that will have specimc goals and
objectives on how to limit the impact on
the residents of Pismo Beach from the
visitor population coming into the City.

Excellent overall satisfaction of visitors,
who are excited to return and share
experiences with their friends, is the
measurement that proves we have
accomplished our goals of standing
behind our brand, Classic California.

Various research projects will be
done to help to guide us on providing
better satisfaction from both the visitor
population as well as residents of Pismo
Beach.

Visitors and Residents
Expand brand initiative and awareness,
and increase tourism competitiveness,
by communicating to visitors who we
are through our branding. The Classic
California brand works to ensure that
customers connect with Pismo Beach’s
unique lifestyle and everything else the
City has to offer. Continue to promote
Wine & Waves branding and Outdoor
Coastal Adventure with the addition of
the Pismo Preserve.

Brand Awareness
1 2
4 3
City of Pismo Beach/LBID 13

12.B-20Council Agenda 5-17-2022
Attachment 1.A

To support travel to Pismo Beach in the offseason (nonsummer), when the lodging properties need it most, the following target demographics are listed in the order of importance and emphasis.

Target Market and Demogaphics

Empty Nesters
Able to travel mid-week and during the off-season.

Upscale visitors who spend more and stay longer.

Multigenerational Travelers
Share experiences and build memories with
their kids and grandkids. Tend to plan trips
around milestone events.

NextGen Travelers
Younger singles and couples, feel good travelers,
seeking stewardship and eco-friendly travel using
most recent technologies to navigate trips.

Day Trip Visitors
Enjoy the beach, water activities, wine and
dining, nature and relaxing, and shopping.

Focus efforts on the 4 to 6 hour drive market to Pismo Beach, including:
3 4
5 1 2
• Market to Southern and Northern California.
• New marketing to Sacramento and San Diego.
• 0DUNHWWR%DNHUVÀHOGDQG)UHVQRWRHQFRXUDJH
overnight stays and avoid day-tripping, using
lodging specials in the off season.
• Work with Visit SLO CAL on co-op opportunities in
WKHÁ\PDUNHWVRI6DQ'LHJR6HDWWOHDQG3RUWODQG
• Develop a “Stay Vacation” campaign within
Northern Santa Barbara County (Santa Maria) and
San Luis Obispo County to encourage overnight
stays versus day-tripping in the off season.
14 City of Pismo Beach/LBID

12.B-21Council Agenda 5-17-2022
Attachment 1.A

Pismo Beach Creative
Billboard
Utilizing the recent research studies done by the CVB and Visit 4LO CAL, we will target our efforts on a drive market, with emphasis on both Northern and 4outhern California, and add 4acramento and 4an Diego. The target audiences, demographics and goals and objectives have been covered in the RFP for more detail. Creative will feature relaxation, fun, family, the chance for introspection, and a destination that offers value and less stress.

City of Pismo Beach/LBID 15

12.B-22Council Agenda 5-17-2022
Attachment 1.A

Marketing Strategies
Pismo Beach is truly Classic California, famous for its historic pier, miles of beautiful white sand beaches, and a rich wine region only minutes DZD\,W·VZKHUHVDQGVXQVHDDQGVN\FRQYHUJHWRFUHDWHWKHLGHDOJHWDZD\&DOLIRUQLD·VJROGHQSDVWLVDOLYHDQGZHOOLQ3LVPR%HDFK 3LVPR%HDFK·V%UDQGLQJ3RVLWLRQ6WDWHPHQW
Objectives

1.Increase shoulder season growth and midweek travel to lower the impact of visitors on the resident population and aid the lodging properties when occupancy slows.

2.Continue to market to the areas of 4outhern California and Bay Area and target a higher demographic spender, keeping occupancy level while providing more revenue.

3.Continue to not promote Daytripping in any market to avoid overcrowding in the town and lessen the impact on our local residents.

4.Explore new markets of 4acramento and 4an Diego to increase overnight stays and limit daytrippers.

5.Expand our marketing and targeting to the outdoor enthusiast by the offering of the Pismo Preserve and other coastal attractions.

6.Continue to market to the wine enthusiast with our Wine & Waves branding and the ongoing cooperative work with the 4LO Wine Collective.

Strategies

1.Targeting and research to increase effectiveness at reaching various markets with a trackable call to action.

2.Attend industry tradeshows to secure group and FIT business that maximizes revenues for lodging properties.

3.Promote and maximize the potential of local events that encourage visitors to stay longer via a variety of activities.

4.All banners, marketing materials, brochures, and social media posts/videos will have a call to action to utilize ExperiencePismoBeach.com.

5.Develop and explore coop and marketing opportunities to exploit the new air service to 4an Luis Obispo.

6.Develop targeted marketing tactics to support the new Pismo Preserve and other coastal adventure activities.

Measurements

1.Increase RevPAR and TOT Growth by % each year 20222025.

2.Calculate how many group tours came through Pismo Beach.

3.Obtain surveys from event organizers showing out of area attendee data.

4.20% increase in visitors to ExperiencePismoBeach.com through the call to action.

5.Track visitors to ExperiencePismoBeach.com and lodging pages.

6.Grow 4ocial Media by 0% each year 20222025 across all platforms.

7.Track Trip Advisor visits.
on.
erties.
activities.
ilize
o.
vities.
16 City of Pismo Beach/LBID

12.B-23Council Agenda 5-17-2022
Attachment 1.A

Collaborative Partnerships and Strategic Alliances
Objectives

1. Foster relationships with strategic partners and the lodging community.

2. Increase communication with local businesses and the hospitality industry on efforts and upcoming events.

3. Enhance hospitality industry experience: national tourism week, restaurant month, and cooperative marketing.

4. Work closely with Visit 4LO CAL to explore future coop opportunities and to avoid duplication of efforts wherever possible.

Strategies

1. Attend 4ummits and Board Meetings of state and county tourism organizations.

2. Participate in memberships and activities that are mutually benemcial to maximize opportunities for Pismo Beach.

3. Distribute a monthly newsletter that is benemcial and informative for all partners.

4. Work to package, partner, or coop with Brand U4A, Visit California, CCTC, Visit 4LO CAL, LBID, Chamber of Commerce, and 4LO Coast Wine Collective.

5. To identify quality Innuencers and have them support the 4ocial Media tactics, with followers as well as gaining photography and video to add to the creative library for Pismo Beach

6. 4upport 4ocial Media, advertising and PR with partnership with regional magazines, such as LA Magazine, Orange Coast, 805 Living, and other targeted publications and digital platforms.

Measurements

1. Track meeting attendance.

2. Evaluate participation in CVB events and newsletter call to action.

3. Create a semiannual survey to send to partners to evaluate relationship and participation to make sure we are maximizing our efforts.

4. Coop advertising placed with a trackable call to action.

5. Measure FAM Trip stories.

6. Track future lodging stays from FAM trips.

7. Look at both visitor satisfaction as well as resident satisfaction and determine how programs are received to improve satisfaction to both groups.

City of Pismo Beach/LBID 17

12.B-24Council Agenda 5-17-2022
Attachment 1.A

Expanding Brand Initiatives and Awareness
Objectives

1.Attract visitors to Pismo Beach by utilizing Pismo Beach brands of Classic California, Wine & Waves, Experience Pismo Beach, and Outdoor Adventure. Utilize Research and Development to support these current brands and ensure that these continue to be important and signimcant as our target markets evolve and change.

2.Continue to target midweek travelers and empty nesters to increase revenue during the off season.

3.Continue to seek out coop opportunities for additional research and development with Visit 4LO CAL and Visit California to perform research and studies on target markets, visitor analysis, and other visitor surveys to help guide all marketing programs.

Strategies

1.Develop more video content to support our branding and marketing.

2.Develop more native content to support our brands.

3.4ponsor events and activities that align with and further develop our brands.

Measurements

1.Continue to report impressions and referrals to the Lodging page after each advertising campaign on ExperiencePismoBeach.com.

2.Monitor TOT, RevPAR, and occupancy, as well as followers on Instagram and fans on Facebook.

3.Measure success of advertised events by attendance and ticket sales.

4.Continue to measure newsletters open rate and subscriber growth.

5.Continue to report website stats and growth for ExperiencePismoBeach.com. g campaign on
y, as well as followers on Instagram and fans on Facebook. s by attendance and ticket sales.
n rate and subscriber growth.
rowth for ExperiencePismoBeach.com.
18 City of Pismo Beach/LBID

12.B-25Council Agenda 5-17-2022
Attachment 1.A

Visitor and Resident SatisfactionVisitor and Resident Satisfaction Objectives

1. Provide a unique and memorable experience to visitors that will create destination loyalty and inspire them to return again.

2. Increase brand awareness and social engagements, such as likes, comments, shares, and pins, throughout social media platforms.

3. Develop and execute new resident awareness campaign showing the value of tourism and its delivery of needed revenue to pay for city services that the residents enjoy.

4. Create a PSA campaign with Sam and Pam the clams to educate and inform visitors how to be a better guest while in Pismo Beach.

5. Create a new campaign to promote exclusive offers of discounts in lodging, dining, and other retail businesses in Pismo Beach for residents to enjoy.

6. Continue to work with Visit SLO CAL and SLO Wine Collective on co-op programs for advertising, research, and event participation.

City of Pismo Beach/LBID 19

12.B-26Council Agenda 5-17-2022
Attachment 1.A

Advertising and Marketing Objectives
Short and Long Term
Smart Tourism Growth
• Create a P4A campaign with 4am and Pam the Clams to educate and inform visitors how to be a better guest while in Pismo Beach. • Create and increase multiple overnight stays in all lodging properties in Pismo Beach, with major emphasis on midweek travel in the shoulder seasons of fall, winter, and spring. • Increase website trafmc and referrals to the lodging pages. • Collect more data and research about the City’s market position. • Develop a subbranding for the outdoor enthusiasts with new marketing targeted to this group in California. • Increase group, business, and corporate retreat business. • Motivate visitors to stay longer with a variety of multiday events and activities. • Develop more geotargeted campaigns to beach and wine travelers within our markets. • Advertising designed to get more revenue (RevPAR) with fewer visitors overall, quality versus quantity, to build resident buyin. • Develop a Designation Management 4tudy to help guide the City in ways to manage the guests, while making sure to provide the residents of Pismo Beach with a comfortable quality of life that balances the need for tourism with a positive lifestyle in Pismo Beach.

Collaborative Partnerships
• Create marketing and communication tools for the various lodging properties to copromote events and activities. • Create a new marketing portal to house current marketing and media plans, press releases, photography, videos, campaigns, and results.

This portal will be password protected and will grant access to all lodging properties in Pismo Beach, as well as the City Council, City 4taff, CVB Board, and PBHA members.
• Develop and maintain strategic alliances primarily with Visit 4LO CAL,Visit California, and the Central Coast Tourism Council. • Continue the partnership with 4an Luis Obispo County wine region to further the branding of Wine & Waves. • Produce cooperative marketing opportunities with related entities. • Provide fulmllment collateral for advertising responses and press inquiries. 20 City of Pismo Beach/LBID

12.B-27Council Agenda 5-17-2022
Attachment 1.A

TJA has a successful partnership with the City of Pismo Beach, one lasting over a decade. We are proud that we have continued to grow our tourism results and ROI each year for Pismo Beach. TJA recognizes the importance of approaching each year of our contract with new ideas and strategies, based on the most cuttingedge media, creative, and marketing. Always looking forward, TJA offers Pismo Beach the account service and attention it deserves.

While several members of our team have been with the agency servicing Pismo Beach for many years, we have also brought in new team members, who bring fresh ideas and solutions. This is also true of our partnerships with key vendors.

Our recent partnership with 4impleview, who offers their website and digital expertise to over 00 DMOs, provides us with new monthly insights on 4EO, Content Management, Google AdWords, and more.

Our new collaborations with Glocally, a social content creation company, assists us with engaging top social media innuencers from both the county and targeted drive market areas to visit and feature Pismo Beach on popular social media channels. By partnering with Glocally, we eliminate the other media middlemen, saving valuable ad dollars.

Glocally also partners with TJA on video production for YouTube, video streaming channels, and various social media platforms and uses.

We continue to generate new work with machine learning platforms such as AdTheorent. We use their machine learning to collect, organize, and analyze data to deliver realworld value and response. AdTheorent’s capabilities extend across the digital ecosystem to reach consumers where and when they are most receptive.

TJA Public Relations efforts have netted us many feature stories in major media outlets, including Los Angeles Times, 4F Gate, 805 Living, 4an Jose Mercury News, Travel & Leisure, Coastal Living Magazine, Los Angeles Magazine, Orange Coast Magazine, and many others, in print, digital and social media outlets and websites. We continue to pursue various new media sources to cover Pismo Beach. Additionally, we support Visit 4LO CAL on coop opportunities in public relations, working directly with their mrm Turner. We engage and partner with the Highway  Discovery Route’s public relations team on cross public relations opportunities.

Recently, TJA coordinated several market research studies on behalf of the Pismo Beach CVB and Visit 4LO CAL with 4MARI, a fullservice market research company. The results of these studies provided new direction on target demographics and new market opportunities. These mndings will be incorporated into our marketing plan as well as our creative and media execution going forward in 2022 and beyond.

New for 2022 and beyond, we will launch a new Pismo Beach Podcast, currently under development. 4ome of these podcasts will showcase upcoming events, interview Pismo Beach chefs and other interesting members of the community, explore Pismo Beach history, as well as delve into Wine & Waves related information, featuring local vintners from the nearby Edna Valley, and more.

With our mnger on the pulse of the most recent trend for more meaningful travel, TJA is developing, promoting, and enhancing 4tewardship Tourism by creating the Pismo Beach 4tewardship & Educational Outreach Program. To develop this program, we have added Eileen Morris to our team as our Director.

The Past, Present and Importance of the Future
TOT Generators
Website
Referrals
and Phone #
Click thru to
Website
50,871
Reservations
made
2,544
Average
length of stay
2 nights
Room nights
booked
2 nights
Average
room rate
$210/night
Bookings
generated
$1,068,291
Use phone #Phone # generates 2 times $
made through website bookings
Total bookings generated
$3,204,873
Total TOT generated
$352,536
Bookings generated
$2,136,882
TOT generated $236,024
City of Pismo Beach/LBID 21

12.B-28Council Agenda 5-17-2022
Attachment 1.A

Goldie Dog Blog: Create “Pismo Pooch Ambassador” program and incorporate it into our Educational Outreach, addressing how to be sensitive to the environment while enjoying outings with your canine companions.

Pismo Preserve: Working with the 4LO Land Conservancy,
participants will learn about Pismo Beach’s rich California history, including the native people, plants, and animals, a California 4tate 4tandard.

Pismo Beach Stewardship and Educational Outreach
We are developing, promoting, and enhancing our 4tewardship Tourism by creating the Pismo Beach Stewardship & Educational Outreach Program. To develop this program, we have added to our team Eileen Morris, our Director of 4tewardship & Educational Outreach. Eileen enjoyed over 2 years of educating children in the Los Angeles Unimed 4chool District and implementing her school’s 4TEAM program. 4he has extensive business training, and holds a Master’s Degree in Educational Administration. Her absolute love, curiosity, and respect for the Central Coast and its history guides her creative ideas to educate, inspire, and excite community members, visitors, educators, and students about this area.

This program creates opportunities to practice 4tewardship in Pismo Beach, and it involves both Athem on how their personal impact and involvement can sustain and improve our area for generations to come. This program will be available to all and can be accessed in person or virtually through the Pismo Beach CVB’s website and social media channels (e.g., Podcasts, Tik Toks, Pinterest, Instagram, downloadable activities, etc.), which will communicate information generated by this program on regularly planned activities, events, volunteer opportunities, and news. 0RQDUFK%XWWHUÁ\*URYH
In conjunction with the Monarch Butterny
program by the California 4tate Parks, we will continue to promote environmental awareness, ecology, and life science education.

Pismo State Beach Cleanup: Organize and publicize quarterly beach cleanup days to teach environmental awareness to spread the “leave it better than you found it” philosophy. Incentives can include fulmlling student volunteer requirement hours; scouting badges; and environmentally conscientious “Pismo Beach” swag bags. Meet ups begin at CVB Visitor Center Airstream on Pismo Beach Pier.

Stewardship & Educational Opportunities will include:
22 City of Pismo Beach/LBID

12.B-29Council Agenda 5-17-2022
Attachment 1.A

Pismo Beach Dunes: Tell the history and importance of this beautiful sensitive ecosystem and the importance of preserving it for generations to come.

Educational activities and information: Provide quarterly outreach and engaging lessons to local school districts, as well as drive market school districts, educators, and parents. Develop engaging downloadable stewardship projects and educational materials.

Earth Day (April 22): Promote Earth Day through 4ocial Media driving interested readers to the 4tewardship & Educational Outreach Blog posts. Invite visitors to celebrate Earth Day in Pismo Beach.

Pismo Clam Watch: Leading up to and surrounding the Pismo Beach Clam Festival, focus on the Pismo Clam research and repopulation efforts with Cal Poly Center for Coastal Marine 4ciences and children’s activities at the upcoming festival.

Tree Planting (Arbor Day is the last Friday in April): Coop with 4LO Land Conservancy for activities including pulling invasive weeds or planting native shrubs and trees at Pismo Preserve.

Migrating Bird Appreciation Season (Spring/Fall): Teach about the variety of migratory birds living on our coast and the surrounding area and how important it is to conserve, protect, and respect their nesting grounds from dogs and humans.

Chumash and Tongva Education and Appreciation: During National Native American Heritage Month (November), provide resources to both residents and visitors about the rich ancestry and traditions of the mrst inhabitants of the Pismo Beach area.

Whale Watching Season (December-May): Teach about the variety of whales migrating off our coast and the surrounding area and how important it is to conserve, protect, and respect their passage.

City of Pismo Beach/LBID 23

12.B-30Council Agenda 5-17-2022
Attachment 1.A

Instagram Followers
Year Fans +/- Engagements +/- Impressions +/-
2018/2019 36,076 +34.16% 392,572 +43% 5,240,323 +53.2%
2019/2020 48,196 +33.73% 327,481 -16.5% 8,469,345 +61.3% 2020/Current 60,415 +13.30% 107,629 +10.7% 4,407,886 +76.9% *Compared with this date range in 2020
Pismo Beach Social Media Success
Twitter
Year Fans Engagements
2018/2019 36,076 392,572
12019/2020 48,196 327,481
2020/Current 54,580 206,394
ExperiencePismoBeach.com website
Year Average Daily Visitor Sessions Lodging Referrals
2018/2019 1,545/day 37,317
2019/2020 1,426/day 48,980
2020/Current 2,229/day 78,879
Pismo Beach
Morro Bay
VisitSLO
Visit SLO CAL
Paso Robles
Hwy 1
Monterey
Santa Barbara
202k
241k
21k

5.5k
32K
104K
71K
21K
Facebook Fans
Pismo Beach
Morro Bay
VisitSLO
Visit SLO CAL
Paso Robles
Hwy 1
Monterey
Santa Barbara
65k

41.4k

41.6k

53.5K

35.5K

47.4K

21.7K
Instagram Followers
129k
Facebook Fans
Year Fans Impressions Impressions +/- Impressions +/-
20-21 197,495 +3.67% 760,428 +33.9% 18,449,544 -13.2%
2019/2020 199,668 +1.12% 744,327 -2% 22,476,649 +21.9%
2020/Current 202,893 +1.63% 899,530 +38.5% 33,328,58 +72% Pismo Beach metrics outpace all other DMO stats in the County. Pismo Beach has increased in the past, and will continue to increase in the future, the number of fans, followers, impressions, and interactions across all social media platforms. 24 City of Pismo Beach/LBID

12.B-31Council Agenda 5-17-2022
Attachment 1.A

2022-2023 Budget Pismo Beach LBID
Product Price
Advertising and Media $482,258
<RX7XEH)DFHERRN,QVWDJUDP$GYHUWLVLQJ $60,000
Branding Graphic Design $25,000
Public Relations $70,000
Contingency Advertising $35,000
Cooperative Media $32,000
Event Marketing and Promotion $58,000
Social Media $80,000
,QÁXHQFHU&RQWHQW'HYHORSPHQW $20,000
Website Design Maintenance $84,000
Video Production for Social Media & Website $50,000
Grand total $996,258
2022-2023 Budget Pismo Beach CVB
Product Price
Branding Graphic Design $15,000
Public Relations $18,000
Event Marketing and Promotion $18,000
/RV$QJHOHV0DJD]LQH)RRGDQG:LQH6KRZ $18,000
Social Media $23,000
Website Design Maintenance $20,000
Grand total $112,000
Marketing and Media Plan 2022 to 2023
The new marketing and media plan for 2022202 incorporates past successful media partners, such as 4FGATE, Los Angeles Times, Bay Area News Group, and Trip Advisor, with emphasis on targeted digital campaigns, behavioral targeting and retargeting, native content, social media, and video placement. Also, we explore new media for next year with 4ojern, Vox, and Undertone, with the possibility of coop with Visit 4LO CAL or our own dedicated effort. We will expand our efforts with Glocally for innuencer campaigns to build social media engagements and new creative content both for video and stills. The target audienc es and demographics are covered in the RFP, as well target markets, which consist primarily of Northern and 4outhern California, with new effort in 4acramento. Co op advertising h Visit 4LO CAL to cover the ny markets help to expand our reach to these new markets as well.

Future of Digital Marketing
We will continue to produce and implement shortform vertical video production and posting. Videos are being favored in the algorithms across all platforms, and the content can be used on Facebook, Instagram, YouTube, TikTok, Reels, etc.

12.B-32Council Agenda 5-17-2022
Attachment 1.A

Additional Budget LBID Reserves Media and Market
Suggested Allocation 2022-2023
Advertising and Media
On March , 2022, at the most recent CVB Advisory Board meeting, a request was made for TJA to suggest new budget and media allocations using some of the successful buildup in the LBID reserves for marketing. Listed below are the recommendations TJA is suggesting after reviewing the comments made both at the recent CVB meeting and at the PBHA meeting. These recommendations are also based on the mndings from the most recent research studies conducted by 4MARI Research. The studies involved the best new markets to pursue, as well as the markets to consider which encourage overnight stays and reduce Daytrippers.

1. Increase spending in the drive markets of Northern California and 4outhern California. Continue to develop new digital and native advertising campaigns with proven top media outlets utilizing targeted email, social media, and retargeting. 4ome of those media partners are Los Angeles Times, Tripadvisor 4FGATE, Bay Area News Group, Ventura 4tar, Google, Facebook, and Instagram targeted ads. Continue to work with advanced machine learning platforms, such as AdTheorent, in addition to co op programs from Visit 4LO CAL and Visit California included in these markets.

Budget $150,000 ($75,000 in Northern California and $75,000 in Southern California)

2. Target new markets that offer the highest likelihood of visiting Pismo Beach in the near future and booking overnight stays, with emphasis on midweek and offseason travel. These markets are 4acramento, Portland, and 4eattle. The same media strategy will be carried out for these markets, with the addition of regional print and digital publications. The possibility of inmarket opportunities will be explored regarding events and travel shows, as well.

Budget $150,000 ($50,000 in each of the three markets)

3. Explore the possibility of adding new events to encourage longer term stays, such as for the recent 202 Pismo Beach I4A World Para 4ur mng Championships event. Possibilities for new events could include NCAA Volleyball Tournaments, which are presently held in Alabama. Other ideas are a National 4andcastle Building Contest, bringing in participants from across the country to compete for a 0,000 prize. 4ome areas currently doing something similar are 4an Diego, Galveston, and Treasure Island, Florida. Another example is expanding upon the existing Pismo Beach Jazz Jubilee by the 4ea into a festival with higher caliber artists and local wine and food.

Budget $50,000 (to be utilized for research and to promote a future event)
TOTAL ADDITIONAL SPENDING $350,000
NEVADA
OREGON

WASHINGTON
C
A
L
I
F
O
R
N
I
A
San Francisco
Southern California

PISMO BEACH
Portland
Seattle
Sacramento
26 City of Pismo Beach/LBID

12.B-33Council Agenda 5-17-2022
Attachment 1.A

Agency Compensation and Budget
It has always been our goal to ensure most of our clients’ budgets are spent on media and advertising, rather than on compensation for agency time, such as phone calls, meetings, and in general every time we interact with you. Our agency always makes an effort to offer all outside purchases, such as printings and mailings, with the standard agency markup of only 5%. Each time the City of Pismo Beach receives a statement from our agency, all vendor invoices will be included for your review.

In our approach to the City of Pismo and LBID advertising account, our goal will be to spend the vast majority of the allocated dollars on public relations, media, events, and promotions for the marketing of the City and its many assets. TJA will take the standard 5% agency commission on all media. If the media is not commissionable, the agency will mark it up by only 5%.

This framework provides the agency the freedom to recommend all media, whether it offers a commission or not. Those areas that are non media or not compensated by the 5% arrangement, such as public relations, social media, website, and art and design, will be billed on an hourly basis of 5.00 per hour.

TJA, in appreciation for our long tenure with Pismo Beach, will hold our present rate, which has stayed at 5.00 per hour for the last mve years.

TJA is very nexible and will work with the CVB Board and Director to mnd the most costeffective form of payment preferable. If a retainer for some services is requested by the City, TJA will work to establish that form of compensation in the future.

Finally, accountability is about mscal responsibility. We promise cost ef mciency. Our pledge to all our clients is to minimize agency fees in order to maximize media dollars. Therefore, Pismo Beach tourism can benemt from more of the budget going to media and less going to agency overhead.

TJA will provide the City of Pismo Beach with stronger creative, more media knowhow, enhanced advertising clout, and more strategic alliances, which will culminate in a greater impact per ad dollar spent.

Agency hourly fee rates
Media Planning & Placement includes Research, Coordination, 0HGLD9HULÀFDWLRQ(covered by 5% Media Commissions)
Accounting and Billing (covered by 5% Media Commissions) $95 per hour Account Service
$95 per hour Art Direction
$95 per hour Broadcast Production
$95 per hour Website Coordination
$95 per hour Social Media Marketing Planning
$95 per hour Public Relations Coordination
*Extensive campaigns for public relations, digital and social media will be quoted and approved in advance. Hourly charges are not to exceed approved budget amounts for each category without Executive Director approval.
ur
ars.
for
at
n
t.

City of Pismo Beach/LBID 27

12.B-34Council Agenda 5-17-2022
Attachment 1.A

Meet Our Team
John Sorgenfrei is President and Owner of TJA
Advertising. John, a graduate of the University of
4outhern California in advertising. He has worked
with major agencies throughout California and
supervised art, trafmc, production, and account
service teams, as well as successfully managed
clients’ advertising and public relations. Among
John’s clients are Pismo Beach Conference and
Visitors Bureau, Avila Beach Tourism Alliance,
Oceano and Nipomo Tourism Board, High One
Discovery Route (social media), The Central
Coast Commission for 4enior Citizens, and
Michael’s Optical of 4an Luis Obispo. 4ome of
his former clients include Morro Bay Tourism,
Highway  Discovery Route, Avila Beach 4ea
Life Center, Dolphin Bay Resort and 4pa, Ford
Motor Company, Johnson & Johnson, JBL 4ound,
A4IC4 sportswear, and the U.4. Navy. John lived
in Pismo Beach for over two decades and enjoys
being a member of the Pismo Beach Community.

He is also a longtime member of the Avila Beach
Yacht Club. John enjoys his participation in many
philanthropic events, such as the Pismo Beach
I4A World Para 4urmng World Championships
sponsored by Amp4urf, and Wine Wave & Beyond.

He served on the Board of the Avila Beach 4ea
Life Center. Additionally, John served on the
Planning Commission for the City of Pismo Beach
for many years. His knowledge of and passion for
Pismo Beach and the California Central Coast are
unrivaled.

Claudia Torkelson is the 4ocial Media Director
for TJA. After graduating from Cal Poly 4LO with
a major in English and a minor in Integrated
Marketing Communications, she applied her
knowledge and experience from working at the
Cal Poly Corporation to fastpaced agency work
postgrad. Eventually, she found her niche in
working with tourism bureaus up in the Napa Valley.

Claudia runs the social media accounts for various
local clients and enjoys being a team player. By
analyzing the everchanging landscape of digital
marketing insights and trends, she continues to
create inspiring content.

Georgina Stassi is Public Relations Director for
TJA Advertising & Public Relations since 200.
4he strives to bring greater awareness and
appreciation of the Central Coast of California to
travelers of all kinds on the beauty, culture, and
experiences here. Georgina is Former Contributing
Editor of the Avila Community News, and she has
written for publications, including 4anta Barbara
Home Food Magazine, 4anta Barbara 4easons,
Wine Country Today, and Tasting Panel Magazine.
4he studied Cultural Anthropology and 4panish
at the University of California Los Angeles and
holds a W4ET Level II Certimcation (Wine & 4pirit
Education Trust), which she completed in Avignon,
France. “Nothing brings me greater pleasure than
sharing a beautiful day on the Central Coast with
my friends and family”.
28 City of Pismo Beach/LBID

12.B-35Council Agenda 5-17-2022
Attachment 1.A

Rick Turton has been designing, building,
and maintaining websites for over 25 years, the
vast majority of which in the travel and tourism
sector. He has created websites for hotels and
motels, many for Best Western Hotels, as well as
tourism associations, and conference and visitors
bureaus. Rick is an expert in website development,
search engine optimization, and web strategy.

He continually redesigns and maintains existing
websites to increase sales, drive leads, and beat
the competition.

Melissa Hageman is the Finance Manager at
TJA, where she works hand in hand with John in
facilitating a smooth billing process for their clients as well as manages the administrative accounting
practices for the company. Being a graduate of Cal
Poly 4LO and with over  years of mnance and
accounting experience, Melissa truly enjoys being
focused on a company’s growth, sustainability, and
mnancial health. “I have always loved being a part
of the driving force behind a company’s success,
especially if it impacts our local communities
directly. It is such a privilege to be a part of the
TJA team, representing some of the very best our
Central Coast has to offer!”
Eileen Morris, our newest team member, is
our Content Creator and Consultant, as well as
Director of 4tewardship & Educational Outreach.
4he worked for many years as a legal assistant
in Downtown Los Angeles and Orange County,
California, and enjoyed years of educating children
in the Los Angeles Unimed 4chool District. Eileen
has extensive business training and holds a
Master’s Degree in Educational Administration.

Her absolute love, curiosity, and respect for the
Central Coast and its history guides her creative
ideas to educate, inspire, and excite community
members, visitors, educators, and students about
this area, which is like no other on Earth.

Quint Stevens is a forwardthinking award
winning creative with extensive experience in
strategy and fullservice design with a career
that led him to some of the largest agencies in
the U4 and Europe, including 4aatchi & 4aatchi
International, B44P, Patagonia and others.

Demonstrated ability to achieve client goals
across multiple disciplines, including campaign
strategy, branding, graphic design, account
management and new business development.

Dynamic team leader with a positive and
collaborative style.

City of Pismo Beach/LBID 29

12.B-36Council Agenda 5-17-2022
Attachment 1.A

The TJA Organization
The talented members of our team not only bring extensive experience across a wide range of marketing and design disciplines, but we are committed to providing comprehensive, efmcient, and seamlessly coordinated communication and support for our clients.

John Sorgenfrei
Account 4upervisor
Claudia Torkelson
4ocial Media Director
Quint Stevens
Creative Director
Rick Turton
Website Director
Melissa Hageman
Finance Manager
Eileen Morris
Content Creator and
Director of 4tewardship and
Educational Outreach
Georgina Stassi
Director of Public Relations
30 City of Pismo Beach/LBID

12.B-37Council Agenda 5-17-2022
Attachment 1.A

References
Athena Knight
(831) 239-5726
[email protected]
Claire Armbruster
(818) 859-6439
[email protected]
Todd Skelton
(408) 757-5160
[email protected]
Client References
Media References
Avila Beach Tourism Alliance
Dean Hutton
Chairman, Avila Tourism Board
(805) 595-7302
[email protected]
Area Agency On Aging
Joyce Lippman
Executive Director
(805) 925-9554
[email protected]
CBID Highway One Discovery Route
Cheryl Cuming
Executive Director
(805) 471-0182
[email protected]
City of Pismo Beach/LBID 31

12.B-38Council Agenda 5-17-2022
Attachment 1.A

500 Cypress 4treet, 4uite 4, Pismo Beach, CA 
(805) 5020 | (805) 5022 FA9 | [email protected]

12.B-39Council Agenda 5-17-2022
Attachment 1.A

CVB Budget FY 2023-2025 Exhibit B
Product 2023 2024 2025 Total
Graphic Production $10,000 $10,000 $10,000
Public Relations $18,000 $18,000 $18,000
*Event Promotion $70,000 $70,000 $70,000
Stewardship and Education $40,000 $40,000 $40,000
Social Media $20,000 $20,000 $20,000
*Stay Vacation Campaign $50,000 $50,000 $50,000
Website Design Maintenance $15,000 $15,000 $15,000
$223,000 $223,000 $223,000 $669,000
15%$18,000 $18,000 $18,000
FY 2023 FY 2024 FY 2025 3-Year Total
General Fund
Hourly Rate 103,000$ 103,000$ 103,000$ 309,000$
Media 102,000 102,000 102,000 306,000
15% Commissions 18,000 18,000 18,000 54,000 Total General Fund 223,000$ 223,000$ 223,000$ 669,000$

12.B-40Council Agenda 5-17-2022
Attachment 1.B

LBID Budget FY 2023-2025 Exhibit B
Product 2023 2,024.00 2,025.00 Total
*Advertising and Media, Digital, Print, Broadcast, Streaming $473,000 496,650.00 521,482.00 *YouTube, Facebook, Instagram Advertising $70,000 73,500.00 77,175.00 Branding Graphic Design $35,000 36,750.00 38,588.00 Public Relations $70,000 73,500.00 77,175.00 *Contingency Advertising $40,000 42,000.00 44,100.00 *Cooperative Media $40,000 42,000.00 44,100.00 *New Market Development Sacramento, San Diego and Portland $130,000 136,500.00 143,325.00 Event Marketing and Development $100,000 105,000.00 110,250.00 Social Media $80,000 84,000.00 88,200.00
Influencer/Content Development $50,000 52,500.00 55,125.00 Website Design and Maintenance $84,000 88,200.00 92,610.00 Video Production for Social Media, Events, Website $50,000 52,500.00 55,125.00 $1,222,000 1,283,100.00 1,347,255.00 $3,852,355 15%$112,950.00 118,598.00 124,528.00
LBID Fund FY 2023 FY 2024 FY 2025 3-Year Total
Hourly Rate 469,000$ 492,450$ 517,073$ 1,478,523$ Media 640,050 672,052 705,654 2,017,756 15% Commissions 112,950 118,598 124,528 356,076 Total LBID Fund 1,222,000$ 1,283,100$ 1,347,255$ 3,852,355$

12.B-41Council Agenda 5-17-2022
Attachment 1.B

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Vendor Agreement (Rev. 2/2/2018)

CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties, by and between the City of Pismo Beach, a municipal corporation (“CITY”), and TJA Advertising & Public Relations (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Advertising and promotion for the City of Pismo Beach.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from July 1, 2022 (“the Effective Date”) through June 30, 2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional two (2) year period, as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of six hundred sixty-nine thousand dollars ($669,000), including $223,000 per year for Fiscal Years 2023, 2024, and 2025 unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant

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to Section II, VENDOR’s fee may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

12.B-42Council Agenda 5-17-2022
Attachment 2

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VII. CITY REPRESENTATIVE

The Tourism and Events Director is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may 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.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the

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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

12.B-43Council Agenda 5-17-2022
Attachment 2

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Vendor Agreement (Rev. 2/2/2018)
C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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Vendor Agreement (Rev. 2/2/2018)

2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or

12.B-44Council Agenda 5-17-2022
Attachment 2

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Vendor Agreement (Rev. 2/2/2018)
CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

12.B-45Council Agenda 5-17-2022
Attachment 2

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XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party

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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Gordon Jackson
Title: Tourism and Events Director
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

TJA Advertising & Public Relations
Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

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CITY OF PISMO BEACH

VENDOR AGREEMENT FOR PROFESSIONAL SERVICES

This Vendor Agreement for Professional Services (“AGREEMENT”) is made and entered into as of the date the AGREEMENT is fully executed by all parties , by and between the City of Pismo Beach, a municipal corporation (“CITY”), and TJA Advertising & Public Relations (“VENDOR”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

RECITALS:

CITY wishes to retain the services of an experienced and qualified VENDOR to provide the following services:

Advertising and promotion for the Lodging and Business Improvement District.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR

VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A.

VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Extra work beyond that described in the Scope of Services is not authorized without the express written approval of CITY. VENDOR shall request and receive written approval prior to performing any extra work. Any work beyond that reflected in the approved Scope of Services shall not be compensated by CITY unless prior written approval was provided under this paragraph. CITY’s City Manager may approve additional work not to exceed thirty thousand dollars ($30,000.00). Any additional work in excess of this amount shall be approved by the City Council. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the Scope of Services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to by CITY in writing.

II. TERM

Unless earlier terminated in accordance with Section IV below, or unless the Scope of Services are substantially completed, the AGREEMENT will continue in full force and effect from July 1, 2022 (“the Effective Date”) through 6/30/2025. Upon mutual written agreement, the term of this AGREEMENT can be extended annually under the same terms for an additional two (2) year period, as the parties agree in writing.

III. COMPENSATION

A. VENDOR’s Fee

For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B. However, in no event will the total amount of money paid VENDOR, for services initially contemplated by this AGREEMENT and associated expenses, exceed the sum of three million eight hundred fifty-two thousand three hundred and fifty-five dollars. ($3,852,355), including $1,222,000 in Fiscal Year (FY) 2023, $1,283,100 in FY 2024, and $1,347,255 in FY 2025 unless otherwise first approved in writing by CITY. Should this AGREEMENT be extended pursuant to Section II, VENDOR’s fee

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may be adjusted upon the written agreement of the parties, in the form of an amendment to this AGREEMENT.

B. Schedule of Payment

VENDOR will submit invoices monthly for actual services performed and associated expenses.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If CITY disputes any of VENDOR’s fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefor.

IV. TERMINATION OF AGREEMENT

A. CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon VENDOR at least ten (10) days' prior written notice. Upon receipt of said notice, VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section, CITY shall pay to VENDOR the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this Section, VENDOR will submit an invoice to CITY pursuant to Section III.

V. FORCE MAJEURE

If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, "acts of God," inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS

VENDOR authorizes CITY to deduct from any amount payable to VENDOR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of VENDOR’s acts or omissions in performing or failing to perform VENDOR’s obligations under this AGREEMENT. In the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnify, and protect CITY as elsewhere provided in this AGREEMENT.

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VII. CITY REPRESENTATIVE

The Tourism & Events Director is designated as the “City Representative,” authorized to act in its behalf with respect to the work and services specified in this AGREEMENT and to make all decisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by CITY under this AGREEMENT, those actions will be taken by CITY Representative, unless otherwise stated. CITY’s City Manager has the right to designate another CITY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVE(S)

The person(s) employed by VENDOR whose name(s) are set forth immediately following the signatures of the parties executing this AGREEMENT are designated as being the representative(s) of VENDOR authorized to act on its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT.

IX. INDEPENDENT CONTRACTOR

VENDOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its elected officials, officers, employees or agents will have control over the conduct of VENDOR or any of VENDOR’s employees, except as otherwise set forth in this AGREEMENT and then only as to the results to be accomplished and not the method by which VENDOR provides the Scope of Services. VENDOR may 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.

X. BUSINESS LICENSE

VENDOR must obtain a CITY business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

XI. OTHER LICENSES AND PERMITS

VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT.

XII. VENDOR’S ACCOUNTING RECORDS; OTHER PROJECT RECORDS

A. VENDOR shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services.

B. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the

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services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of VENDOR. With respect to computer files, VENDOR shall make available to CITY, at VENDOR's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. VENDOR hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

C. All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of CITY, whether the work for which they are made be executed or not. In the event this AGREEMENT is terminated, and at the end of the term of this AGREEMENT, all such plans, studies, sketches, drawings, electronic documentation, reports, and specifications shall be delivered immediately to CITY. VENDOR may retain one copy of each document for VENDOR’S records, but shall have no proprietary rights to them. CITY agrees to indemnify VENDOR against any damages caused by the unauthorized re-use of said documents.

XIII. INDEMNIFICATION

A. Non-design, non-construction Professional Services:

To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

B. Non-design, construction Professional Services:

To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), VENDOR shall indemnify, defend, and hold harmless the CITY, and its elected officials, officers, employees, volunteers, and agents (“CITY Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of VENDOR’s performance or VENDOR’s failure to perform its obligations under this AGREEMENT or out of the operations conducted by VENDOR, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of CITY. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

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C. Design Professional Services:

In the event VENDOR is a "design professional," and the Scope of Services require VENDOR to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) VENDOR shall indemnify, defend and hold harmless CITY and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of VENDOR, except to the extent caused by the sole negligence, active negligence or willful misconduct of CITY. Negligence, recklessness or willful misconduct of any subcontractor employed by VENDOR shall be conclusively deemed to be the negligence, recklessness or willful misconduct of VENDOR unless adequately corrected by VENDOR. In the event CITY Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR’s performance of this AGREEMENT, VENDOR shall provide a defense to CITY Indemnitees or at CITY’s option, reimburse CITY Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to VENDOR under this paragraph exceed VENDOR’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, VENDOR shall meet and confer with other parties regarding unpaid defense costs.

D. Payment by CITY is not a condition precedent to enforcement of the indemnities in paragraph A, B, or C. In the event of any dispute between VENDOR and CITY, as to whether liability arises from the active negligence, sole negligence or willful misconduct of CITY or its officers, employees, or agents, VENDOR will be obligated to pay for CITY’s defense until such time as a final judgment has been entered adjudicating CITY as having been actively negligent, solely negligent or as having engaged in willful misconduct. Except as otherwise required by Civil Code Section 2782.8, VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. The provisions of this Section 13 shall survive completion of VENDOR’s services or the termination of this AGREEMENT.

XIV. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No elected official, officer, employee, or agent of CITY will be personally liable to VENDOR, in the event of any default or breach by CITY or for any amount that may become due to VENDOR.

XV. INSURANCE

A. Without limiting VENDOR’s indemnification of CITY, and prior to commencement of the Scope of Services, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.

1. General liability insurance. VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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2. Automobile liability insurance. If VENDOR owns vehicles used in performing the Scope of Services in any manner, VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office (ISO) form CA 00 01 covering bodily injury and property damage for all activities of VENDOR arising out of or in connection with any work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Workers’ compensation insurance. VENDOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000), as required by law.

4. VENDOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.

5. Errors and Omissions/Professional Liability. VENDOR shall maintain a policy of professional liability insurance written on a claims-made basis in an amount not less than $1,000,000. VENDOR shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the Term. In the alternative, VENDOR may elect to obtain equivalent coverage on an occurrence basis. CITY’s Risk Manager or City Attorney may waive the requirement of professional liability insurance if he/she determines that such a policy is not commercially available to VENDOR. If such a policy is commercially available, additional cost to VENDOR in obtaining such a policy shall not be a basis upon which the insurance requirement will be waived.

B. Other provisions or requirements:

1. Proof of insurance. VENDOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements to such policies, at any time.

2. Duration of coverage. VENDOR shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by VENDOR, its agents, representatives, employees, or subconsultants.

3. Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by VENDOR or

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CITY will withhold amounts sufficient to pay premium from VENDOR payments. In the alternative, CITY may terminate this AGREEMENT as provided in paragraph IV.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by CITY’s Risk Manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officials, agents, officers, employees, and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non-estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of CITY to inform VENDOR of non- compliance with any requirement imposes no additional obligations on CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If VENDOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

9. Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. In the event VENDOR’s policy of insurance cannot be endorsed to provide this notice of cancellation, VENDOR shall provide CITY notice of such cancellation, in writing, not later than 24 hours following the effective time of such cancellation.

10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Pismo Beach, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Pismo Beach." CITY need not be named as an additional insured on professional liability insurance policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement

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of any kind that has not been first submitted to CITY and approved of in writing by CITY’s Risk Manager or City Attorney.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

13. Pass-through clause. VENDOR agrees to ensure that its sub-consultants, sub- contractors, and any other party providing any work under the Scope of Services under the direction of VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. VENDOR agrees that upon request, all AGREEMENTS with consultants, subcontractors, and others engaged in performing work under the Scope of Services will be submitted to CITY for review.

14. CITY’s right to revise specifications. CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving VENDOR ninety (90) days' advance written notice of such change. If such change results in substantial additional cost to VENDOR, CITY and VENDOR may renegotiate VENDOR’s compensation.

15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16. Timely notice of claims. VENDOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

17. Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Scope of Services.

XVI. SUBCONTRACTORS

Before VENDOR retains or hires a subcontractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to CITY;

B. Present to CITY the form of subcontract that will be used with the subcontractor for CITY’s approval, which approval will not be unreasonably withheld. Such subcontract agreement must include an indemnity agreement that is generally in accord with the indemnity obligations contained in paragraph XII of this AGREEMENT and must specifically name CITY as an indemnified party; and

C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming CITY as an additional insured as required by this AGREEMENT, unless such requirement is waived in writing by CITY's Risk Manager as provided in paragraph XXV below.

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XVII. CONFLICT OF INTEREST

No officer or employee of CITY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that affects the officer or employee’s financial interest or the financial interest of any corporation, partnership, or association in which the officer or employee is directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.

XVIII. NOTICE

All notices, requests, demands, or other communications under this AGREEMENT will be in writing.

Notice will be sufficiently given for all purposes as follows:

A. Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

B. First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account; notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as set forth immediately following the signatures of the parties executing this AGREEMENT.

F. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

G. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT. Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

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XIX. PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING

This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties.

The AGREEMENT may not be assigned or subcontracted by either CITY or VENDOR without the prior written consent of the other.

XX. INTERPRETATION

The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might otherwise apply.

XXI. SEVERABILITY

If any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.

XXII. TIME OF ESSENCE

Time is of the essence in the performance of this AGREEMENT.

XXIII. GOVERNING LAW; JURISDICTION

This AGREEMENT will be administered and interpreted under the laws of the State of California.

Jurisdiction of and venue for any litigation arising from the AGREEMENT will be in the Superior Court of the San Luis Obispo County, or in the United States District Court for the Central District of California.

XXIV. COMPLIANCE WITH STATUTES AND REGULATIONS

VENDOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders. VENDOR and its subcontractor(s) shall not discriminate against any person in the performance of this AGREEMENT on the basis of race, religion, national origin, color, age, sex, sexual orientation, AIDS, HIV status, disability, or any other basis protected by state or federal law, and shall comply with applicable federal and state equal employment opportunity laws, ordinances, rules and regulations.

XXV. WAIVER OF BREACH

No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver. A party’s consent or approval of any act by the other party requiring the party’s consent or approval will not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

XXVI. ATTORNEY’S FEES

Except as provided for in paragraph XV, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party

12.B-52Council Agenda 5-17-2022
Attachment 3

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will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney’s fees costs and expenses and any attorneys’ fees or costs incurred on appeal of any judgment.

XXVII. EXHIBITS

All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.

In the event of any conflict between the terms of this AGREEMENT and the terms of an exhibit, the terms of this AGREEMENT shall control. Notwithstanding the foregoing sentence, the provisions of Section XIII of this AGREEMENT shall not be altered, amended, limited or otherwise affected in any manner by any language included in an exhibit to this AGREEMENT, even if such exhibit purports to affect the provisions of Section XIII.

XXVIII. VENDOR’S AUTHORITY TO EXECUTE

The persons executing this AGREEMENT on behalf of the VENDOR warrant that:

A. the VENDOR is duly organized and existing under the appropriate State laws; B. they are duly authorized to execute this AGREEMENT on behalf of the VENDOR; C. by so executing this AGREEMENT, the VENDOR is formally bound to the provisions of this AGREEMENT; and
D. entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is bound.

XXIX. INTEGRATION; AMENDMENT

This AGREEMENT represents the entire understanding of CITY and VENDOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year last written below.

Signatures begin on next page.

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CITY:

City of Pismo Beach, a Municipal Corporation

Signed:

Name: Gordon Jackson
Title: Tourism & Events Director
Dated: ________________________________

Signed:

Name: James R. Lewis
Title: City Manager
Dated: ________________________________

Address for giving notice (See Section XVIII):
760 Mattie Road, Pismo Beach, CA 93449

ATTEST:

Signed:

Name: Erica Inderlied
Title: City Clerk

APPROVED AS TO FORM:

Signed:

Name: David M. Fleishman
Title: City Attorney
VENDOR:

TJA Advertising & Public Relations

Signed:

Name: ________________________________
Title: _________________________________
Dated: ________________________________

Address for giving notice (See Section XVIII):
______________________________________
______________________________________

Email address for official communications:
______________________________________

Vendor Representative (See Section VIII):

Name/Title: ____________________________

Attachments:

Exhibit A: Scope of Service
Exhibit B: Compensation Schedule

12.B-53Council Agenda 5-17-2022
Attachment 3

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