HomeMy WebLinkAboutStaff Report 138 10TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: FEBRUARY 8,2010
REPORT TYPE: ACTION
14'
DEP ARTMENT:PLANNING AND
COMMUNITY ENVIRONMENT
CMR: 138:10
SUBJECT: Review of Destination Palo Alto Metrics and Direction to Staff to Pursue
Transition to Participation in the San Mateo County Tourism Business
Improvement District
RECOMMENDATION
Staff recommends that the City Council:
1) Review the baseline data, methodology and Destination Palo Alto return on investment
information; and ,
2) Direct staff to explore participation in the San Mateo County Tourism Business
Improvement District operated by the San Mateo County/Silicon Valley Convention
Visitors Bureau.
EXECUTIVE SUMMARY
The purpose of this report is to respond to ~ity Council questions and concerns regarding the
City's return on investment for the City's visitorship effort, Destination Palo Alto. At the
November 2, 2009 City Council Meeting, staff was directed to return to City Council within
three months with details of metrics to be used to measure performance of the program. This
staff report contains detailed baseline data on transient occupancy tax revenue, occupancy rates,
and total number of hotel rooms for Palo Alto and 7 other area cities. In addition, a specific
estimate is provided for transient occupancy tax revenue generated as a-result of the San
Mateo/Silicon Valley Convention and Visitors Bureau (SMlSVCVB) through Destination Palo
Alto. The period covered in this review is November 2008 through December 2009. The data
indicates the City received $187,061 in revenues, as compared to the $249,000 cost of the
program which includes the $25,000 paid directly to the Palo Alto Weekly (for local
marketing-website, visitors' guides, rack brochure) and operation of the Visitors' Center at the
Chamber of Commerce.
CMR: 138:10 lof6
Since the City Council meeting in November, staff has received communication from the
SM/SVCVB regarding its desire to transition from the existing contract to the inclusion of Palo
Alto hotels into the existing Tourism Business Improvement District operated by the CVB. This
change would result in the hotel guest paying a small increment ($.15 to $1.00) per room, per
night rather than the City providing funds in the Destination Palo Alto contract. Essentially, the
same service level would be provided to hotels through this approach, following up on the
success of Destination Palo Alto. The SM/SVCVB has also indicated continuation of the Palo
Alto Visitors' Center at the Palo Alto Chamber of Commerce. The potential cost savings to the
City would be approximately $60,000 -$120,000 in FY 2010.
BACKGROUND
In October 2005, the City Council directed staff to agendize a Council discussion that would
explore enhancing Palo Alto's economy by improving visitor outreach. In February 2006, staff
convened a committee of stakeholders for a Palo Alto visitorship effort. The committee,
Destination Palo Alto, was chaired by the City Manager and held its first meeting on March 15,
2006. Stakeholders included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo
Alto Business Improvenlent District, Palo Alto Weekly, Stanford Visitor's Center, Palo Alto
Online, California Avenue Area Development Association (CAADA), Stanford Shopping
Center, Stanford University, Town and Country Shopping Center, Palo Alto Arts Center and
business representatives from the hotel, retail and hospitality industries.
The goals of Destination Palo Alto included the development of a specific, actionable and
achievable plan that would strengthen visitorship in Palo Alto. Three key objectives included:
1. Attracting more visitors to Palo Alto
2. Promoting return visitorship to Palo Alto
3. EntiCing visitors to stay longer, use additional amenities and spend more money
locally
Staff issued an RFP for visitorship services on April 14, 2008. Staff was directed to include
$240,000 for the Destination Palo Alto program in the FY 2009 proposed budget and $240,000
in the FY 2010 proposed budget.
Based on input from the Administrative Services Department, a formula was identified for
estimating the City's return on its investment for Destination Palo Alto. Based on a 5% increase
in the occupied room days for the five largest hotels in Palo Alto, the growth in revenue was
estimated to be approximately $240,000 yearly. This amount was proposed for two years as a
part of the FY 2009 and FY 2010 budgets.
On October 6, 2008, City Council authorized the City Manager or his designee to execute the
agreement with the San Mateo County/Silicon Valley Convention and Visitors Bureau
(SMC/SVCVB) in an amount not to exceed $455,000 for visitorship services for the fiscal year
2009 and fiscal year 2010.
$25,000 of the total $240,000 contract amount was awarded to the Palo Alto Weekly for an
upgrade of the Destination Palo Alto website ($15,000) and for the provision of two visitor
CMR: 138:10 20f6
guides ($10,000). The cost of the visitor guides and website upgrade are one time costs. No rate
of return was calculated for this portion of the contract. Thus, in the first year of the contract, the
SMC/SVCVB portion of the contract was only $215,000.
In the second year of the contract, the full amount of $240,000 was allocated for the provision of
visitorship services by the SMC/SVCVB. On November 2,2009, City Council confirmed the
extension of the contract but requested that staff return with a description of the methodology
and specific metrics to be used to quantify the City's return on its investment. The Council also
directed that the contract be amended to provide for a 60-day termination clause by either party
(which has been completed).
DISCUSSION
Staff has collected baseline data from a number of other cities in an effort to address the
questions from City Council. Attached is a spreadsheet that identifies the transient occupancy
tax (TOT) revenue, occupancy rates (when available) and the total number of hotel rooms in Palo
Alto, Berkeley, Redwood City, Cupertino, Campbell, Mountain View, Menlo Park and
Sunnyvale (Attachment 2).
Baseline Metrics
Staff analyzed FY2007, 2008, and 2009 data related to TOT revenue, percentage occupancy rates
and number of hotel beds from 8 cities: Palo Alto, Menlo Park, Cupertino, Berkeley, Redwood
City, Campbell and Sunnyvale. The statistical analysis did not identify any significant
differences accounted for by either the presence or absence of a convention bureau, or the rate of
TOT. Overall, the statistical results of the TOT analysis indicated that macroeconomic factors,
especially the downturn in the economy in the Bay Area Region, swamped any other effects.
While no specific inferences can be made from this data, the collection of baseline figures will
allow staff to determine the impact of Destination Palo Alto as the program continues to develop.
Rate of Return
The Destination Palo Alto contract was initiated in October of2008. Events and hotel room
bookings are planned months and even years in advance. For this reason, the CVB cannot
attribute any hotel bookings to the program for that 2008, therefore the table below begins with
calendar year 2009.
The following table illustrates rooms booked in Palo Alto for 2009, and 2010 (based on bookings
through 12/15/2009). In addition, revenues generated through transient occupancy tax,
secondary impacts (such as sales tax) and costs to operate Destination Palo Alto are detailed.
CMR: 138:10 30f6
Table I
Destination Palo Alto 2009 2010
(Full year estimate) 10
····ROPll1s .bookedl
..... : 9,900 12,0,00··' .
..... ...•.... . . '.' ' .
Palo Alto hotel room revenue generated by $1,439,559 $1,744, 920
DPA2
"Secpndary Revenllelmpact 3·· $1,439;059 $1,73S;08() " .
. '
A. TOT Revenue to Palo Alto from DPA $172,747 $209,390
bookings 4
B. Sales tax revenue 5 $14,314 $17,351
TotalTOT and Sales Tax Revenue 6 $187,061 $226,741 :
Annual Cost ofDPA 7 $240,000 $240,000
C.Return oil investment 8 78% 94.4%
"D:RateofReturn (without Visitor Center) 117% 142%
The following summarizes some of the key assumptions used to prepare the table (corresponding
to the footnotes):
1. Rooms booked by SMC/SVCVB
2. Average room rate (9,900 x $ 145.4l1night = hotel room revenues)
3. Secondary Revenue Impact (retail sales, restaurant sales, services purchased by ,travelers)
144.59 per room per day per Smith Travel Research
4. TOT rate of 12%
5. . Sales tax at 1 % of retail impacts
6. A+B
7. Amount includes $25,000 to PA Weekly (2009) and $80,000 for Visitor Center at
Chamber of Commerce
8. Ratio of total City revenue to cost ofDPA ($240,000)
9. Data through 12115/2009
10. Contract period is 10 months in 2010
Staff notes that there is an anticipated 21 % increase in total transient occupancy tax, and sales
tax revenue comparing 2009 figures to 2010. This trend is expected to continue as the program
matures and as additional room nights are booked.
The ROR is estimated at 78% for 2009, including the dollars allocated to the Palo Alto Weekly
($25,000) and for the Visitor Center ($80,000). For 2010, the return on investment is projected
at 94% (again including the Visitor Center costs). The figures above assume all room nights
booked become actual room stays, which may tend to overstate bookings. However, this
overstatement is somewhat offset by other revenues not captured in this metric, such as room
night revenue, sales tax and total economic impact generated from leisure travelers generated by
numerous articles and advertisements featuring Palo Alto, and rooms generated by features or
ads in publications aimed at meeting planners.
CMR: 138:10 40f6
Tourism Business Improvement District
Attached to this staff report is a letter dated December 18,2009 which staff received from the
SM/SVCVB. In the letter, the CVB indicates that inclusion of Palo Alto hotels into the Tourism
Business Improvement District (TBID) which encompasses most of San Mateo County (with
whom Palo Alto would otherwise compete for hotel room bookings without inclusion into the
CVB) would be a more effective way to deliver tourism services in the Palo Alto marketplace.
This was the longer term outlook for Destination Palo Alto when it was initiated.
Should Palo Alto opt into the TBID, the CVB will retain its visitor center presence in the Palo
Alto Chamber office at no additional cost to the City, so service would be uninterrupted.
The CVB proposes that the contract between the CVB and the City of Palo Alto end in April or
May of 20 1 0 (depending on the timeframe for public notifications, etc.) and that the City Council
direct staff to pursue participation in the existing TBID. Inclusion into the TBID would result in
a nominal additional cost to travelers. The range of cost is approximately 15 cents to $1 per
room night based on the projected occupancy of each hotel. Smaller hotels with linlited services
and meeting space with lower occupancy pay less than larger, full-service hotels.
The CVB's TBID has been in place successfully since April of2001. Other areas competing for
meetings with TBIDs of their own include San Jose, San Francisco, Santa Clara, Sacramento
County, San Diego and Santa Cruz County. The CVB has already conducted outreach to the
largest four hotels and others in Palo Alto that represent a majority of rooms in the City.
Currently a number of Palo Alto hotels including the Westin, Sheraton and Dinah's Court have
indicated their support for inclusion into the TBID. The CVB is continuing its outreach and will
report these outconles at City Council.
Should City Council determine that participation in the TBID be explored, staff will return to
City Council tentatively on March 8, 2010, with a resolution of intention for inclusion into the
TBID by Palo Alto hotels. The entire TBID inclusion process may take up to 90 days with
notifications. This process is similar to that used to establish the Palo Alto Downtown Business
Improvement District.
RESOURCE IMPACT
The first year of Destination Palo Alto Visitor Program was funded through an allocation of the
City's General Fund for FY 2009. The amount of the funding allocated for the program was
based on the expected growth in hotel occupancy that results from implementation of the
program. The expected growth in occupancy was estimated to be 5 percent, which translates into
$240,000. It is estimated that approximately $187,061 was generated in revenue to the City in
transient occupancy tax and sales tax alone for 2009. The Destination Palo Alto program is a
two-year pilot with $240,000 for the second year allocated as a part of the 2009-11 budgets. If
the contract is ended in April-June, 2010, approximately $60,000-$120,000 of the original
contract amount will not be expended. Staff has recommended the flexibility to terminate the
contract in April or May, depending on the time required for TBID inclusion to ensure
uninterrupted services to the hotels and visitor's center at the Chamber of Commerce.
CMR: 138:10 50f6
ENVIRONMENTAL REVIEW
This action by the City Council is not considered a project pursuant to Section 21065 of the
California Environmental Quality Act.
PREPARED BY:
S SAN BARNES, anager
E onomic Development/Redevelopment
DEPARTMENT HEAD:
CURTIS WILLIAMS, Director
Planning and Community Environment
CITY MANAGER APPROVAL:
ATTACHMENTS
Attachment 1:
Attachment 2:
Attachment 3:
CMR: 138:10
Letter from SMC/SVCVB of Decenlber 21,2009
Baseline data on transient occupancy tax revenue, number of hotel rooms
and occupancy for selected cities
CMR: 386:09 dated November 2,2009: Approval of the Extension of the
Agreement between San Mateo County Convention and Visitors Bureau
and the City of Palo Alto for the Provision of Destination Palo Alto
Visitorship Services in the amount of $240,000 for Fiscal Year 2009/10
6of6
December 21, 2009
Palo Alto City Council
250 Hamilton St.
Palo Alto, CA 94301
ATTACHMENT 1
111 Anza Boulevard, Suite 410, Burlingame, CA 94010
650-348-7600 • 1-800-288-4748
Fax 650-348-7687
info@sanmateocountycvb.com • www.visitsanmateocounty.com
Dear Mayor Drekmeier and Members of the Council:
As you know, we began representing Palo Alto hotels and motels in October, 2008, promoting your
properties in the same manner as the properties in the cities we represent as part of our Tourism Business
Improvement District (TBID). We have appreciated your Council's support and we believe that the
relationship has resulted, and will continue to result, in a positive economic benefit for your city. When
we entered into a contract with your city , our hope was that after two years under contract, Palo Alto
propel1ies would become pali of our tourism business improvement district , with no Palo Alto City
money involved.
In these challenging times, our desire as a board is to maximize the time our staff spends on selling and
promoting the area as a whole. It is the regional effolis that maximize the return on investment and bring
people into our properties . What we are finding lately, however, is that a disproportionate amount of staff
ti me is being spent on local Palo Alto meetings, questions, etc.
In an effort to allow our team to foclls on regional promotion, we voted at our December Board meeting
to spend the next few weeks talking to Palo Alto properties about becoming part of our existing TBID
midway through the second year of our contract with the City of Palo Alto, rather than operating under a
system under which the City of Palo Alto pays for the equivalent of their assessments. Should such a
change occur, it would save your city approximately $120,000.
We will report back to your city staff well in advance of your February 8 council meeting. If the hotels
have an interest and your council wishes to be part of the TBID (with hotel guests paying for the
assessments, rather than using any city money), it would mean the City of Palo could simply pass a
resolution requesting that Palo Alto be included in the existing TBID. The request would then go tothe
City of Burlingame as lead agency for our TBID, to handle all noticing requirements.
We look forward to a continued positive relationship with the City of Palo Alto. We want to commend
Susan Barnes in particular for doing everything possible to promote your businesses and city. It is a
pleasure working with her.
Sincerely,
I~' ( /'". (.
) _.1 .,'. /' , ,
'''_, /' --\/ /., . v i;_ " \ .. '.)
, -~v~o~ C'3o)
Rudy Ortiz
/'
Ken Landis
Chairman of the Board (2009) Chairman of the Board (2010)
/
C~ FY2007 FY2008 FY 07-FY08 Chan!e FY2009 FY 08-09 Chan~
6.698.650.00 $ 8,115,224.00 $ 1.416,574.00 $
======================:.L:.;:; .. J::::: .. :;;;;::.~,:."""",=~.:" .:=~:::,:2:l~l~", -..
Occupancy 73.19%1 75.46%1 2.27%1 65.21%1 -1 0.25%
Number of Rooms 1865 1829 1829
Redwood City 1 $ 2,976,694.00 I $ 3,323,639.00 1 $ 346,945.00 1 $ 2,761,432.00 1 $ (562.207.00)
~iC1W1ge:;"" ':-..... ~,;-; ~..t.= . .:-:z::~. .'. >;, .. c,' .. ~ •• -', "f:1't66%l ',-:"::'Id -....... U.66%r ,'1":'1, '" -l~%'~' .-_ -·· ... l6t9io/.J
NoOcc~
Number of Rooms 1218 1218 1218
C~rtino $ 2,387,736.69 I $ 2,617,769.861 $ 230,033.17 I $ 2,140,365.331$ (477.404.53)
%'~::': '.::t't~~'~.;;:!.1::·r:;0T ~'·~"'·';:::~'·""~>'·--::'9::i3!'l:"'·':.::';;~';':':""4':'~"""'J~~"""",:':":"" ,=""'::m4~ ",",,~ .. -t8~~
Occupancy 68.15%1 69.52%1 1.37%1 58.75% -1 0.77%
Number of Rooms 6631 6631 663
Ca~eU I $ 1,463t 149.00 1$ 1.619,110.00 I $ 155.961.001$ 1,287.185.00 I $ (331 .925.00)
o/oiCIlan#_ .... (" , ' ·--t ~..:; :. ... ,,: -':-.. ,.,;,,' ;"iJ~l ' "w~:;.. 2-. 1 0.66%1 ·~.!j·K · <~_JO~~"'~":~' -.. ~~-l"O!s~0-': ;;~ .. ~ ;.~§~
Occupancy 76.15%
Number of Rooms 526
Mountain View 1 $
%{emnge~ _~~lf~~~~2E~~~'~·~
Occupancy 73.85%
Number of Rooms 1721
Menlo Park 1 $ 1,375,914.00 1 $
o/~.C1i8iige ::;~-_. 1 ~--:-·':;:·~:::: '':''',' ---. ;-, tJ~
NoOc~
Number of Rooms 290
Occupancy
Number of Rooms 3200
Footnotes:
Mountain View 2007 occupancy based on available information
Mountain View occupancy estimated
PA TOT increase from 10 to 12% in January 2008
Sunnyvale Tot 9% in 2007, 9.5% in 2009
Number of Rooms estimated for Sunnyvale
Occupancy not available for Sunnyvale until FY 2008
Berkeley no occupancy data available
Menlo Park-Rosewood Hotel opened Aprl1, 2009
77.50%1 1.35%1 65.65%
5261 "1 526
3,217,236.00 $ 3,217,236.00 $ 3,330,452.00 1$
·,,;;..,~·;::=::"';<t:,:·,:·:t2:;::~=:·:·~:!::~O~'::--r:'·::' ":'J;::''''i '~'~:':'3::s2%I_'_
70.40%1 -3.45%1 62%
1644 1597
1,474,119.00 1 $ 98,205.00 1 $
"'~ 1_1'4%1 ·', ,--.." .~ 1.14%._
290
901,294.00 1 $
;:':u":9I%" .
1,351,578.00 1 $
~ .; . ~ ---&31%
413
53%
3200 .
Berkeley and Redwood City also are served by a Convention Visitor'S Bureau
-1 1.85%
113,216.00 . , .-3t5z~
-8.70%
(122,541.00)
~~ ~ ,--8$l~1
85 ,802.00
"L"l'~1
TOT
12%
12%
10%
10%
10%
10%
10%
> ~
~ > ('j
~
~
N
TO: HONORABLE CITY COlTNCIL
FROM: CITY MANAGER
DATE: NOVEMBER 2, 2009
REPORT TYPE: REPORT OF OFFICIALS
ATTACHMENT 3
DEP ARTMENT:PLANNING AND
COMMlTNITY ENVIRONMENT
CMR: 386:09
SUBJECT: Approval of the Extension of the Agreement Between San Mateo
County Convention and Visitors Bureau and the City of Palo Alto for
the Provision of Destination Palo Alto Visitorship Services in the
Amount of $240,000 for Fiscal Year 2009-10
RECOMMENDATION
Staff recommends that the City Council approve the extension of the agreement with the San
Mateo County/Silicon Valley Convention and Visitors Bureau (SMC/SVCVB) for the provision
of visitorship services for the second year of the contract for the 2009-10 fiscal year.
BACKGROUND
In October 2005, the City Council, through a Colleague's Memo authored by former Vice Mayor
Kleinberg and Council Members Beecham and Mossar, approved a motion to direct staff to
agendize a Council discussion that would explore enhancing Palo Alto's economy by improving
visitor outreach. The motion was approved unanimously.
In February 2006, staff returned to City Council and was directed to convene a committee of
stakeholders for a Palo Alto visitorship effort. The committee, Destination Palo Alto, was
chaired by the City Manager and held its first meeting on March 15,2006. Stakeholders
included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo Alto Business
Improvement District, Palo Alto Weekly, Stanford Visitor's Center, Palo Alto Online, California
Avenue Area Development Association (CAADA), Stanford Shopping Center, Stanford
University, Town and Country Shopping Center, Palo Alto Arts Center and business
representatives from the hotel, retail and hospitality industries.
The goals of Destination Palo Alto included the development of a specific, actionable and
achievable plan that would strengthen visitorship in Palo Alto. Three key objectives included:
1. Getting more visitors to come to Palo Alto
2. Promoting return visitorship to Palo Alto
3. Getting visitors to stay longer, use additional amenities and spend more money
locally
CMR: 386:09 10f6
On April 14, 2008 City Council directed staff to issue an RFP for visitorship services through
Destination Palo Alto to enhance the Palo Alto economy and authorized staff to describe and link
the Destination Palo Alto website to the City of Palo Alto website. In addition, staff was
directed to include $240,000 for the Destination Palo Alto program in the FY 2009 proposed
budget and $240,000 in the FY 2010 proposed budget.
Based on an input from the Administrative Services Department, a formula was identified for
estimating the City's return on its investment for Destination Palo Alto. Based on a 5% increase
in the occupied days for the five largest hotels in Palo Alto, the growth in revenue was calculated
to be approximately $240,000 yearly. This amount was proposed for two years as a part of the
FY 2009 and FY 2010 budgets.
DISCUSSION
On October 6, 2008, City Council authorized the City Manager or his designee to execute the
agreement with the San Mateo County/Silicon Valley Convention and Visitors Bureau
(SMC/SVCVB) in an amount not to exceed $455,000 for visitorship services for the fiscal year
2009 and fiscal year 2010.
In the first year of the contract, $215,000 was awarded to the SMC/SVCVB. $25,000 was
awarded to the Palo Alto Weekly for an upgrade of the Destination Palo Alto website ($15,000)
and for the provision of two visitor guides ($10,000). The two contracts totaled $240,000.
In the second year of the contract, the full amount of $240,000 is allocated for the provision of
visitorship services by the SMC/SVCVB.
Although in October 2008 City Council authorized the City Manager to extend the
agreement for a second year, considering the City's current economic situation and, in an
abundance of caution, staff is returning to City Council to confirm that the extension of this
contract still conforms to the wishes of City Council.
Staff has provided quarterly Destination Palo Alto updates to City Council which provide
information on:
1. Number of leads generated
2. Potential room nights in leads
3. Total number of room nights booked
4. Percentage of non peak/target dates booked
F or clarification, each lead is defined as one potential piece of business or one potential meeting
or conference. The number of room nights varies from lead to lead. These can vary from one
room night to many per lead. Definite room nights are rooms that are actually on the hotels'
books, or with contracts in place. In addition, the report identifies the number of promotional
packages created, familiarization tours hosted and other important milestones. The most recent
quarterly update for 3rd quarter 2009 is included as Attachment D to this report.
Because of the prospective nature of hotel bookings and event planning, staffhas received
information on all leads generated by the visitor's bureau up to this point. Since these events and
CNIR: 386:09 20f6
hotel roonl bookings are often planned months and even years in advance, metrics often lag
outreach efforts. Beginning with the contract for FY 2010, numbers will be reported specifically
for Palo Alto going forward to assist the City in quantifying the impacts of outreach efforts. In
addition, specific metrics will be developed to quantify the increase in Palo Alto hotel occupancy
and transient occupancy tax. This will include a comparison in the increase of occupancy and
revenue that takes into consideration fluctuations in the economy. For example, when measuring
transient occupancy tax increases, a model will be crafted by the SMC/SVCVB and City staff
that benchmarks the City of Palo Alto's occupancy against that of similar cities to effectively
. measure program effectiveness.
Staff and the SMC/SVCVB has compiled the following list of examples to highlight the value
added by the Destination Palo Alto effort to the local economy in the past year:
• 9,194 definite group meeting nights and tour and travel room nights were booked through
the leads/site visits from Destination Palo Alto with an approximate economic impact of
$2,666,260. Economic impact includes the hotel room revenue as well as secondary
impacts which include restaurant and retail sales in Palo Alto. (Non-hotel banquet
bookings and Senior Games bookings not included.)
• Occupancy appears to be improving, as of May, compared to national statistics.
According to Smith Travel Research*, the average decrease in occupancy in San
Jose/Santa Cruz area was 16.8%, but Palo Alto's decline was only 13.8% comparing
yearly totals from 2008 to 2009 (through August 2009). This increase is due in part to the
Senior Games. Palo Alto's occupancy level has been climbing back slowly since
February of2009. (The SFO/ San Mateo County area, where the impact of the
Convention and Visitors Bureau has been underway for a longer period of time, was one
of only five major areas nationwide with only single digit decreases in occupancy. *)
• Meetings and events booked in Palo Alto included:
o the 1 st U.S. and second-ever US-China Green Energy Forum
o a neuroplasticity meeting
o a U.S. travel show
o an Autism conference
o a cancer biology conference
o a new American Bar Association meeting
o a Morgan Stanley conference
o a Recorder Society conference
o multiple tour group blocks and additional non-room events such as weddings and
banquets.
(For competitiveness reasons not all exact gr:oup names are not listed here)
*Quote for Smith Travel Research report: "Among the Top 25 Markets, Washington, D.C., reported the smallest decreases in all three
key metrics: Occupancy fell 0.6 percent to 65.5 percent. ..
Four markets besides Washington, D.C., posted occupancy decreases of less than 5 percent: Boston, Massachusetts (-4.2 percent to 74.1
percent); San Francisco/San Mateo, California (-3.3 percent to 84.7 percent); Oahu Island, Hawaii (-2.6 percent to 78.3 percent); and
Tampa-St. Petersburg, Florida (-1.1 percent to 48.2 percent).
CMR: 386:09 30f6
• In the booking of events such as the US-China Green Energy Forum, Palo Alto has
denl0nstrated an emerging competitiveness to bid for meetings and events that without
the SMC/SVCVB would not occur. In this particular case, several cities aggressively bid
on this forum, with Palo Alto securing the event. As Palo Alto continues to develop as a
Green Tech/Clean Tech hub, competitiveness such as this will be critical.
• In March, a sports familiarization trip brought numerous major sporting event planriers to
the area for the first time. Among the events for which the Palo Alto/Stanford area is
now in the running: The National Kidney Transplant Games (7,000 potential room nights
for 2012). Individual sports planner site visits conducted in September and October,
2009, were completed which included planners ready to accept responses to requests for
proposals. These have the potential to provide bookings of700 to 2,700 room nights
each.
• Although not involved in the earliest (2007) bookings of Palo Alto hotel rooms for the
Senior games in 2009, Anthony Travel (the company with whonl the Senior Games
contracted to provide room bookings) was included on the SMC/SVCVB's
familiarization tour in March of this year and, consequently, were able to secure
additional rooms/ blocks in Palo Alto for the games. 403 additional rooms and an
additional economic impact (beyond other bookings) of $116,870 (calculated at $290 per
room) is estimated. This does not include additional room nights booked by attendees in
response to the Extend Your Stay piece that went to them with their registration
information. In addition, a conservative estimate is that DPA representatives at the
Senior Games information booth convinced an average of 25 people a day to stay in Palo
Alto while they went to see other parts of Northern California, such as Pebble Beach,
Muir Woods, Napa, etc. (Twenty people over 14 days is a minimum of 350 room nights
kept in Palo Alto, rather than lost to areas outside. The approximate economic impact of
these was over $100,000.)
A number of site visits and familiarization ("fam") tours have been completed with specific
focus on Palo Alto hotels and other venues. These fam tours have been with both national and
international planners and have included filnl nlakers, as well.
The Destination Palo Alto website has grown exponentially since its launch. The link to
Destination Palo Alto on the City's website is live. The most recent quarterly report, for the
period through June 2009, has shown huge strides in user numbers. As noted in the second
quarter report, visitors to the website have grown from 472 in January 2009 to 1963 in June
2009. Page views have grown from 791 to 7727 for the same period. Numbers for the third
quarter (July I-September 30,2009) were not available at the time of the preparation of this
report. The Chamber of Commerce has been host to the Palo Alto Visitors Center since
November 2008. Visitors to Palo Alto are served at the Chamber and by phone each day.
As event planning, marketing of the Palo Alto area, hotels, venues and businesses continues,
quantifiable measures will ensure that Palo Alto specific data is reported on and measured. The
research by Godbe Research will quantify average spending by tourists to Palo Alto and estimate
the economic impact of increased business to Palo Alto venues.
CMR: 386:09 40f6
It is the recommendation of staff that the Destination Palo Alto agreement be extended for the
second year, as approved by City Council on October 6, 2008. Six months prior to the expiration
of the two year pilot program, a recommendation will be formulated and presented to City
Council for the provision of ongoing Destination Palo Alto efforts for their review and action.
RESOURCE IMPACT
The first year of Destination Palo Alto Visitor Program was funded through an allocation of the
City's General Fund for FY 2009. The amount of the funding allocated for the program was
based on the expected growth in hotel occupancy that results from implementation of the
program. The expected growth in occupancy was estimated to'be 5 percent, which translates into
$240,000. Because of the lag time between the booking of events and the actual event itself, the
time frame for the collection of quantifiable data is affected. For this reason, data is expected
next year that will quantify results and assist in evaluating program effectiveness. Staff does
,believe however, that the City's hotel stays have benefited by the efforts of the Destination Palo
Alto program. Metrics to evaluate this impact will be a part of the reporting for Destination Palo
Alto for fiscal year 2010. The Destination Palo Alto program is a two-year pilot with $240,000
for the second year allocated as a part of the 2009-11 budget.
ENVIRONMENTAL REVIEW
This action by the City Council is not considered a project pursuant to Section 21065 of the
California Environmental Quality Act.
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
CNIR: 386:09
USAN BARNES, Manager
conomic Develop entiRedevelopment
CURTIS WILLIAMS, Director
Planning and Community Environment
SKEENE
anager
50f6
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
CMR: 386:09
Letter extending contract to November 1,2009
CMR 335:08: Approval of an Agreement Between San Mateo County
Convention and Visitors Bureau and the City of Palo Alto for the
Provision of Destination Palo Alto Visitorship Services
Agreement between San Mateo County Convention and Visitors' Bureau
and the City of Palo Alto
Destination Palo Alto 3rd Quarter Report
Letters of Support
6of6
October 15. 2'009
Anne Le Clair
San Mateo County/Silicon Valley
Gonventionand Visitors Bureau
111 Anza Boulevard, Suite 410
Burlingame, CA 94010
Dear Ahne,
ATTACHMENT A
This Will amend the exlehsiohagOreed upon by both parties on Septernbet 14. 20Q9,
This ,confirms that the the Citybf Palo Alto (City) and the. San Mate,aCountylSiliccm Valley
Convention and Visitotls Bureau
(eVB,) waive the 3·0 day notice petiod provided in Paragraph 2 of the <1ontract for Destihstion Palo
Alto service's (City ()fPalo·Alto Contract No SO~M2(967) and tnat'the Ctty ¢,an extend thec()ntl'act
for ttp toone year by providing written notIce to the Consultant any time prior to November 6 .
2009,
ThJs Jetter snail serve as official no.rlficati·on by both parties that the first year contrad Will be
extended through Novemher6., 2009 in order to give the Cily the necessary time to exercise its
ophonfor an additional one year term. It also serves as written aSSllra;nce from the CityofPa:lo
Alto that (pro..:rated) payment witl be made by the City to the CV8th:rough November 6. and tnat
all 'other contractual requirements wHiremain in ,forpe through that date,
I
Should the CHy of Palo Alto elect not toexlend the agreement for a second year, it shaH provide
written notice to eve and the Contract shall continue for 60 daysfoH6wirrg such written notice,
During this 60 day period 1 the City will pay CVB fa pro-rated portion of the contract amount and
eVB wHicontrnue ,to perform the work described in the Contract.
Very truly yours,
James Keene
City ManagBrl
Ci~y 'of Palo Alto
250 Hamilton Avenue
P,alo Alto, CA 9430"1
ATTACHMENT B
City of Palo Alto
City Manager~s Repor
..... _,.~, _ .~ .. ""_"'~""" __ ~ __ ~" __ "~""~"" __ ._.~_~ __ .~~ __ . , ___ ,_~ ______ , _______ "'-'''''·~_~~_''''-''''''''''''L''''' ___ • _____ ......... -"
TO: . HONORABLE CITY COUNCIL
FROM: CITY MANAGER
DATE: OCTOBER 6, 2008
DEPARTMENT: CITY
MANAGER'S OFFICE
ClVIR: 335:08
SUBJECT: Approval Of An Agreement Between San Mateo County Convention
And Visitors Bureau And The City Of Palo Alto For The Provision Of
Destination Palo Alto Visitorship Services In The Amount Of
$215,000 For Fiscal Year 2008-09 And $240,000 For Fiscal Year 2009-
10 And Approval Of An Agreement Between The Palo Alto Weekly
And The City Of Palo Alto For The Provision Of The Destination Palo
Alto Website Update And Revision, Visitor Guide And Associated
Services In The Amount Of $25,000 For Fiscal Year 2008-09
RECOMMENDATION
Staff recommends that Council:
1. Authorize the City Manager . or .. his designee to execute the o..ttached
agreement . with San Mateo County Convention and Visitors Bureau (Attachment
A) in an amount not to exceed $455,000 for visitorship services for fiscal year
2008-09 · and fiscal year 2009-10.
2. Authorize the City Manager or his designee to execute the attached
. agreement with the Palo Alto Weekly (Attachment B) in an amount not to exceed
$25,000 for fiscal year 2008-09 for Destination Palo Alt() website update and
revision, visitor guide and associated services.
·BACKGROUND
In October 2005, the City Council, through a Colleague's Memo authored by then Vice
Mayor Kleinberg and Council Members Beecham and Mossar, directed staff to agendize
a Council discussion that would explore enhancing Palo Alto's economy by improving
visitor outreach. The motion was approved unanimously. /'
In February 2006, staff returned to City Council and was directed to convene a committee
·of stakeholders for a Palo Alto visitorship effort. The committee, Destination Palo Alto,
CMR: 335:08 10f5
was chaired by the City Manager and held its first meeting on March 15, 2006.
Stakeholders included: the Palo Alto Chamber of Commerce, Stanford Athletics, Palo
Alto Business Improvement District, Palo Alto Weekly, Stanford Visitor's Center, Palo
Alto Online, California Avenue Area Development Association (CAADA), Stanford
Shopping Center, Stanford University, Town and Country Shopping Center, Palo Alto
Arts Center and business representatives from the hotel, retail and hospitality industries.
The goals of Destination Palo Alto included the development of a specific, actionable and
achievable plan that would strengthen visitorship in Palo Alto. Three key objectives
included:
1. Increasing visitors to Palo Alto
2. Promoting return visitorship to Palo Alto
3. Increasing visitors stay, using additional amenities and spending more locally.
On April 14, 2008, City Council directed staff to issue a Request For Proposal (RFP) for
visitorship services through Destination Palo Alto to enhance the Palo Alto economy and
authorized staff to describe and link the Destination Palo Alto website to the City of Palo
Alto website. In addition, staff was directed to include $240,000 for the Destination Palo
'Alto program in the 2008-09 proposed budget and $240,000 in the 2009-10 proposed
budget.
Based on an estimate by the Administrative Services Department, a formula was
identified forestimating the City's return on its investment for Destination Palo Alto.
Based on a 5% increase in the transient occupancy tax for the five largest hotels in Palo
Alto, the growth in revenue was calculated to be approximately $240,000 yearly. This
amount is proposed for two years as a part of the 2008-09 and 2009-10 budgets.
DISCUSSION
Solicitation Process
The Destination Palo Alto Request for Proposal's (RFP) was issued May 12, 2008 with
proposals due on June 10, 2008. Four proposals were received from the following
groups:
• The Placemaking Group
• Rabuck/Stranger
• Alison Williams
• San Mateo County Convention and Visitors Bureau and Palo Alto Weekly (with
Palo Alto Chamber of Comn1erce as a designated subconsultant)
Copies of each proposal were distributed to an evaluation panel comprised of the
following members:
Dan Fenton, CEO of Team San Jose, San Jose Convention and Visitors' Bureau
Jim Rebosio, Palo Alto Sheraton and Westin hotels
Bob Carruesco, Stanford Athletics
Lalo Perez, Director, Administrative Services Department
Erik Jacobsen, Three Story Studio
CMR: 335:08 20f5
Khashayar Alaee, Community Services Department
Susan Barnes, Economic Development Manager
Interviews with the evaluation panel were set for July 3, 2008. Prior to the interview,
Rabuck/Stranger withdrew from the process.
On July 3, interviews were held with The Placemaking Group and San Mateo Convention
and Visitors Bureau, Palo Alto Chamber of Commerce, and Palo Alto Weekly.
As a result of the interview with San Mateo Convention and Visitors Bureau, Palo Alto
Chamber of Commerce, and Palo Alto Weekly (SMCCVB, PAW, PACC), the evaluation
panel requested that a second interview be scheduled with this group for July 17. In
addition, Alison Williams who was unable to participate in the interview on. July 3, was
scheduled for an interview onJuly 17th
. .
On July 1 ih, Alison Williams was interviewed in person by the evaluation panel. The
evaluation team also conducted a second interview with the San Mateo Convention and
Visitors Bureau, Palo Alto Chamber of Commerce, and Palo Alto Weekly. Proposals
were evaluated according to the following criteria:
• Quality and completeness of proposal
• Qualityand effectiveness of the solution or services provided by the proposer
• Proposers' track record in delivering visitor services and evaluation of the
effectiveness of services, including the experience of staff to be assigned to the
project, and the engagement of similar scope and complexity to the City of Palo
Alto
• Cost to the City of Palo Alto
• Proposer's financial stability
• Proposer's ability to perform thework within the time specified
As a result of the RFP evaluation process, the evaluation team evaluated the proposers,
providing an aggregate score as follows:
Proposer
San Mateo CCV, PAW, PACC
The Placemaking Group
Alison Williams
Aggregate Score
590
459
332
The San Mateo County. Convention and Visitors Bureau (SMCCVB, PAW, P ACC)
proposal was the top-ranked proposal. The proposer's combination of national and
international expertise, combined with local experience, was determined to be the best fit
for the provision of a targeted vision and implementation plan for Destination Palo Alto.
The SMCCVB, PAW, PACC proposal will address the provision of visitorship services
for Palo Alto from a local, regional, international and media perspective. The SMCCVB,
CMR: 335:08 30f5
in a subcontracting relationship with the Palo Alto Chamber of Commerce will establish
a local visitor center, open seven days a week. In addition to the local marketing effort,
the SMCCVB has a strong track record of providing national and international marketing
to tour providers and the tourism industry, in general. The Palo Alto Weekly will modify
. the Destination Palo Alto website and calendars to reflect current market research and
develop anew, glossy restaurant guide and revised rack brochure. The SMCCVB will
also integrate Palo Alto into its efforts, renaming the visitors bureau the Silicon
Valley/San Mateo Convention and Visitors Bureau.
In addition, the SMCCVB will initiate a contract with Godbe Research to create a formal
research plan and conduct surveys to evaluate Palo Alto visitors' perception of the area
and what factors draw them to Palo Alto. Based on this research, SMCCVB will design a
"branding" campaign and outreach plan to entice visitors to visit and stay longer in Palo
Alto.
RESOURCE IMPACT
The first year of the Destination Palo Alto Visitor Program will be funded through an
allocation from the City's General Fund for FY 08-09. The amount of funding allocated
for the program is based on the expected growth in hotel occupancy that results from
implementation of the program. The expected growth in occupancy is estimated to be 5
percent, which translates into $240,000. $240,000 is included in the 2008-09 Adopted
Budget for the Destination Palo Alto Visitor Program. Staff intends for the program to be
a two-year pilot with $240,000 for the second year being proposed as part of the 2009-10
budget. '
POLICY IMPLICATIONS
Staff will provide City Council with annual reports and a recommendation for further
funding options prior to the end of the two year contract period.
ENVIRONMENTAL REVIEW
This action by the City Council is not considered a project pursuant to Section 21065 of
the California Environmental Quality Act.
ATTACHMENTS
Attachment A:
Attachment B:
CMR: 335:08
Agreement between San Mateo County Convention and Visitors'
Bureau and the City of Palo Alto
Agreement between Palo Alto Weekly and the City of Palo Alto
40f5
Prepared By:
SU ' AN L. BARNES, anager
Economic Development! Redevelopment
Department Head: ~ W~
CURTIS·WILLIAMS, Interim Director
Planning and Community Environment
City Manager Approval: ~ L /f t V
JAM ENE
City ager
CMR: 335:08 50f5
AGREElVIENT FOR PROFESSIONAL SERVICES
CITY OF PALO ALTO CONTRACT NO. S09126967 Attachment A
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SAN MATEO COUNTY CONVENTION & VISITORS BUREAU
FOR PROFESSIONAL SERVICES
(DESTINATION PALO ALTO)
This A.GR PE~.1ENT is entered into October 6, 2008 by and between the CITY OF PALO
ALTO, a charter city and a municipal corporation of the State of California ("CITY"),
and, SAN MATEO COUNTY CONVENTION & VISITORS BUREAU, a California
Corporation, located at III Anza Blvd., Burlingame, California ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to hire a consultant for Visitor Promotion ("Project") and desires to
engage a consultant to assist in connection with the Project ("Services"):
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses andlor certifications to provide the
Services.
C. CITY in relianc~ on these representations desires to engage CONSULTANT to
provide the Services as more fully described in Exhibit "A", attached to and made a part
of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and conditions contained in this
Agreement. The perfom1ance of all Services shall be to the reasonable satisfaction of .
CITY.
final
SECTION 2. TERM. The term of this Agreement will commence on October 20, 2008
and shall continue for a period not to exceed one year terminating on October 19, 2009.
The City has the right to extend the ternl of this Agreement for one additional one year
period, based upon the same conditions of the initial term. The City shall notify
CONSULTANT in writing of its exercise of its option for an additional one year term not
less than thirty days prior to the end of the then current term. The obligation of
CONTRACTOR to perform the Services will commence in accordance with the time
schedule set forth in Exhibit "A" unless terminated earlier pursuant to Section 19 of this
Agreement.
SECTION 3 .. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall complete the
Services within the term of this Agreement and in accordance with the schedule set forth
in Exhibit "B", attached to and made a part of this .Agreement. Any Services for which
times for performance are not specified in this Agreement shall be commenced and
completed by CONSULTANT in a reasonably prompt and timely manner based upon the
circumstances and direction communicated to the CONSULTANT. CITY's agreement to
extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including
both paynlent for professional services and reimbursable expenses, shall not exceed Four
Hundred Fifty Five Thousand Dollars ($455,000). The applicable rates and schedule of
payment are set out in Exhibit "B", entitled "SCHEDULE OF
PERFORMANCE/COMPENSA TION," which is attached to and made a part of this
Agreement.
Additional Services, if any, shall be authorized in accordance with and subj ect to the
provisions of Exhibit "B". CONSULTANT shall not receive any compensation for
Additional Services performed without the prior written authorization of CITY.
Additional Services shall mean any work that is determined by CITY to be necessary for
the proper completion of the Project, but which is not included within the Scope of
Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit
invoices to the CITY consistent with the deliverables and schedule of events as
delineated in Exhibit "B' describing the services performed and the applicable charges.
The infomlation in CONSULTANT's payment requests shall be subject to verification by
CITY. CONSULTANT shall send all invoices to the City'S project manager at the
address specified in Section 13 below. The City will generally process and pay invoices
within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall
be perfOlmed by CONSULTANT or under CONSULTANT's supervislon.
CONSULTANT represents that it possesses the professional and technical personnel
final 2
necessary to perfonn the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its en1ployees and subconsultants, if pennitted, have and shall maintain
during the term of this Agreement all licenses, permits, qualifications, insurance and
approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet
the professional standard and quality that prevail among professionals in the same
discipline and of similar knowledge and skill engaged in related work throughout
California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local laws, ordinances,
regulations, and orders that may affect in any manner the Project or the performance of
the Services or those engaged to perform Services under this Agreement.
CONSULTANT shall procure all permit,S and licenses, pay all charges and fees, and give
all notices required by law in the perfoITI1ance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to
CITY, any and all errors, omissions, or arrlbiguities in the work product submitted to
CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared
plans and specifications or other design documents to construct the Project,
CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities
discovered prior to and during the course of construction of the Project. This obligation
shall survive termihation of the Agreenlent.
SECTION 9: [Intentionally Deleted.]
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person
employed by or contracted with CONSULTANT to furnish labor and/or materials under
. this Agreement, shall act as and be an independent contractor and not an agent or
employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSlTLT ANT are material considerations for this Agreement. CONSULT ANT shall
not assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT's obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be consent to any subsequent
assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY
agrees that subconsultants may be used to complete the Services. The subconsultants
authorized by CITY to perfonn work on this Project are:
1. Palo Alto Chamber of Commerce
final 3
CONSULTANT shall be responsible for directing the work of its subconsultants and for
any compensation due to subconsultants. CITY assumes no responsibility whatsoever
concerning'compensation. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of a subconsultant. CONSULTANT shall change or add subconsultants
only with the prior approval of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Anne
LeClair as the project director to have supervisory responsibility for the performance,
progress, and execution of the Services and to represent CONSULT ANT during the day
to-day work on the Project. If circumstances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel
will be subject to the prior written approval of the CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds
do not perform the Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property.
The City's project manager is Susan Barnes, Economic Development Manager, Palo
Alto, CA 94303, Telephone:(650)-329-2604. The project manager will be
CONSULTANT's point of contact with respect to performance, progress and execution
of the Services. The CITY may designate an alternate project managerfrom time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
linlitation, all writings, drawings, plans, reports, specifications, calculations, documents,
. other materials and copyright interests created in the performance of the Services and
intended to be delivered to the CITY under this Agreement (the Deliverables) shall be
and remain the exclusive property of CITY without restriction or limitation upon their
use. CONSULTANT agrees that all copyrights which arise from creation of the
Deliverables pursuant to this Agreement shall be vested in CITY, and CONSULTANT
waives and relinquishes all claims to copyright or other intellectual property rights in
favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of
such materials available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULT ANT makes no representation of
the suitability of the work product for use in or application to circumstances not
contemplated by the scope ofwork.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable
time during the term of this Agreement and for three (3) years thereafter,
CONSULTANT's records pertaining to matters covered by this Agreement.
CONSULTANT further agrees to maintain and retain such records for at least three (3)
years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify,
defend and hold hannless CITY, its Council melnbers, officers, employees and agents
final 4
(each an "Indemnified Party") from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") resulting from, arising out of or in any manner
related to performance or nonperformance by CONSULT ANT, its officers, employees,
agents or contractors under this Agreement, regardless of whether or not it is caused in
part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require
CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate
as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any
ordinance or law, will not be deemed to be a waiver of any other term, covenant,
condition, provisions, ordinance or law, or of any subsequent breach or violation of the
same or of any other term, covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full .
force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy
endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with
AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all
·contractors of CONSULTANT retained to perforn1 Services under this Agreement will
obtain and maintain, in full force and effect during the term of this Agreement,. identical
Insurance coverage, naming CITY as an additional insured under such· policies as
required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with
the execution of this Agreement. The certificates will be subject to the approval of
CITY's Risk Manager and will contain an endorsement stating that the insurance is
prin1ary coverage and will not be canceled, or materially reduced in coverage or limits,
by the insurer except after filing with the Purchasing Manager thirty (30) days' prior
written notice of the cancellation or modification, CONSULTANT shall be responsible
for ensuring that current certificates evidencing the insurance are provided to CITY's
Purchasing Manager during the entire term of this Agreement.
final 5
18.4. The procuring of such required policy or policies of insurance will not be construed
to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT
will be obligated for the full and total amount of any damage, injury, or loss caused by or
directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR
SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole or in
part, or terminate this Agreement, with cause, by giving sixty (60) days prior written
notice thereof to CONSULT .ANT. For puposes of this provision, cause to terminate shall
consist of: (1) material breach of this Agreement or (2) commission of fraudulent
practices., Upon receipt of such notice, CONSULTANT will immediately discontinue its
performance of the Services.
I
19.2. CONSULTANT may terminate this Agreement or suspend its performance of the
Services by giving thirty (30) days prior written notice thereof to CITY, but only in the
event of a substantial failure of perfOrinance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City
Manager immediately any and all copies of Deliverables, whether or not completed,
prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its
contractors, if any, in cOIU1ection with this Agreement. Such materials will become the
property of CITY.
19.4. If this Agreement is suspended or terminated on account of a default by
CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services which are of direct and immediate benefit to CITY
as such determination may be made by the City Manager acting in the reasonable
exercise of hislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
. operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified
mail, addressed as follows:
final
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
6
To CONSULTANT: Attention of the project director
at the address of CONSULT ANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULTANT covenants that it presently has no
interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the perfonnance of this Agreement, it
will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under
this Agreement is an officer or employee of CITY; this provision will be interpreted in
accordance with the applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that
term is defined by the Regulations of the Fair PoliticaJ Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code
section 2.30.510, CONSULTANT certifies that in the perfonnance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person. CONSULTANT
acknowledges that it has read and understands the provisions of Section 2.30.510 of the
Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties
for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment, including completing the form furnished by CITY
and set forth in Exhibit "E." .
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. In the event that an action is brought, the parties agree that trial of such action will
be vested exclusively in the state courts of California in the County of Santa Clara, State
of California.
23.3. The prevailing party in any action brought to enforce the provisions of this
Agreelnent may recover its reasonable costs and attorneys' fees expended in connection
with that action. The prevailing party shall be entitled to recover an amount equal to the
fair market value of legal services provided by attorneys employed by it as well as any
attorneys' fees paid to third parties.
final 7
23.4. This document represents the entire and integrated agreement between the parties
and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written' instrument, which is signed by the
parties.
23.5. The covenants, tenns, conditions and provisions of this Agreement will apply to,
and will bind, the heirs, successors, executors, administrators, assignees, and consultants
of the parties.
23.6. If a court of competent jurisdiction finds or rules that any prOVISIon of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions
of this Agreement and any amendn1ents thereto will remain in full force and effect.
23.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred
to in any duly executed amendment hereto are by such reference incorporated in this
Agreement and will be deemed to be a part of this Agreement.
23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will tenninate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Agreement are no
longer available. This Section 23.8 shall take precedence in the event of a conflict with
any other covenant, term, condition, or provision of this Agreement.
23.9. The individuals executing this Agreen1ent represent and warrant that they have the
legal capacity and authority to do so on behalf of their respective legal entities.
final 8
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
Attachments:
EXHIB IT "A": SCOPE OF WORK
[CONSULTANT]
BY:~~~:J;;-.-.--L-..!.--.:r....:;;...~~~:L-
Name: C!."'V\f. H· LtOa.iv
Title:=¥~si Cvt:t\l:-t ceo
EXHIB IT "B":
EXHIB IT "C":
SCHEDULE OF PERFORMANCE/COMPENSATION
INSURANCE REQUIREMENTS
EXHIBIT "D": CERTIFICATION OF NONDISCRIMINATION
final 9
Exhibit A
Destination Palo Alto
FY 2008-09 and FY 2009-10
Scope of Services
Milestones and Timeline:
Quarterly reports will be provided to the City of Palo Alto. These will
include (but are not limited to):
• Number of leads identified, generated
• ' Total potential economic impact of leads generated
• Total number of room nights booked
• Targets reached for non-peak nights
• Events booked
• Packages created
• PACE Report with comparison to prior year
• . Hotel occupancy comparison with TOT comparison (by month, year)
• Number of visitors, inquiries to Visitor Center
• Number of visitors to DPA website
• Report on average daily spending by overnight visitors to Palo Alto
• Number of fam* tours and fam tour attendees (including descriptions
of size of potential accounts)
.• Media updates (including list of articles/online pieces, broadcasts
generated)
• International fam tour updates
• Advertising reports including publications of. advertisements about
Palo Alto that have been featured and audience size reached
Activities to ach ieve Milestones
Year One
Quarterly Reports will include a report on milestones and activities
achieved each quarter.
Activities for Quarter One
• Begin dissemination of meeting leads to Palo Alto properties
• Go to all Palo Alto hotels and motels for "need dates" to be included in
bimonthly planner blast
• Hold initial meeting of Destination Palo Alto Advisory Committee and
begin building local visitor database for future email special and calendar
updates. Determine information they would like to see collected in survey
• Set up a visitor center within the Palo Alto Chamber office, including
signage, Destination Palo Alto phone line, personnel to staff, and signage
1
• Contract with.Godbe Research, create formal research plan and surveys
to get feel for Palo Alto visitors' perception of the area, what will draw
them there, etc. and begin research
• Secure buy-in of key Palo Alto properties willing to participate in Godbe
Research surveying and begin formal research
• Initiate meetings with Stanford Public Affairs representatives to determine
how best Destination PA may get the word out about events, drive room
nights and drive other locals and area visitors to special events
• Initiate one-on-one meetings/discussions with Stanford Athletic Dept.
heads to determine possible target events w/room nights, gather specs for
individual fields and sports facilities at Stanford, and determine how .
Destination Palo Alto and SMCCVB may best promote upcoming sporting
events, including packaging with hotel room nights
• Add all key Palo Alto players /groups to list solicited for upcoming events
by SMCCVB and begin inclusion of PA events in published and online
calendars
• Gather Palo Alto property information and incorporate all Palo Alto
properties into meeting planner guide, visitor guide and include on
SMCCVB website
• Issue press release to all major meeting planner publications,announcing
coverage of Palo Alto, highlighting key selling points of area
• Coritactall meeting planners in SMCCVB data base, orienting them to
Palo Alto and invite them out for site visits
• Contact all meeting planners who have not considered the Bay Area due
to airport area concerns and explain that we have a great non-airport area
for them to see
• Conduct training for Palo Alto hotel sales managers on how best to work
with SMCCVB-generated leads, etc. and instruct all Palo Alto hotels on
how to participate in the broad, national "hot dates" program paid for by
the CVB, in which they may go online themselves and add hot dates/rates
to a site aimed at planners seeking last minute bookings;
• M~ke site visits (SMCCVB sales team) to all Palo Alto properties with
meeting space to become familiar with group booking opportunities
• Complete site visits to all Palo Alto properties without meeting space
(InternationallTourism Development Director, Film Commissioner and
Publications Manager/media outreach person) to become familiar, take
photographs
• Contact all internal customers, local customers and key groups (e.g., Palo
Alto Downtown, Stanford) notifying them of new Visitor Center
• Solicit Palo Alto properties' input for key trade shows of interest to their
markets
2
• Inform Palo Alto properties of upcoming shows for possible partnering; to
determine level of interest in tour groups, particularly inbound international
• Label all outgoing correspondence to meeting planners to generate
meeting planner inquiries on the Palo Alto and its properties
• Personally invite all past fam attendees back to see Palo Alto properties
(Sales Team)
• Feature Palo Alto venues ranging from unique Stanford University spots to
downtown buildings and squares in emails to producers and filming scouts
by the SMCCVB's film commissioner, touting them as fresh, undiscovered
filming locations
• Find Palo Alto angle in all media lead responses (e.g. "romance
packages" I green places to stay
• Update all existing editorial used for outreach to include Palo Alto angle
• Include Palo Alto special events and special hotel and motel promotions
in SMCCVB's monthly email update to database of thousands of
prospective visitors interested in visiting the Bay Area
• Issue a special update to our CTTC/SFCV8 representatives overseas,
notifying them of the change and describing Palo Alto and its properties in
detail. Likewise, cnc will be informed that Palo Alto is a key new area of
promotion
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Quarter Two
• Continue research through Godbe Research, collecting sufficient data to
be used in "brandingfl/outreach of Palo Alto area to entice more visitors
into the a rea
• Conduct Destination Palo Alto Advisory Committee meeting to update
group, determine progress, next steps .
• Feature Palo Alto properties in fam tour for incentive meeting planners
and fam for Jet Airways' top travel agents from India
• Add new activities to work ·plan
• Continue operation of visitor center, other activities initiated in priorquarter
• Convene meetings with Stanford Medical Department chairs, soliciting info
on medical research underway, recent breakthroughs, prospective groups
to recruit; availability of expert speakers in particular areas of expertise for
use in recruiting conferences
• . Restructure layout of SMCCVB/Silicon Valley visitor guide to break area
into geographic sections and begin to address drivers of visits, as outlined
in preliminary research results
• Meet with representatives of Stanford Alumni and Development offices to
determine whether additional reunionslfunctions might be added with
rooms assistance from SMCCVB
• Feature Palo Alta properties in fam tour for incentive meeting planners
3
• Meet with The Cribbs Group and representatives of Anthony Travel to
discuss targeting of additional events by SMCCVB sales team
• Continue dissemination of meeting leads to Palo Alto properties
• Update PA area and properties in domestic and international meeting
planner fam tours
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PNSMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Qua rter Th ree
• Release results of phase one of formal research to City of Palo Alto and
hold meeting of Destination Palo Alto Advisory Committee with Chamber
to discuss how best to capitalize on research results, determine progress
made, additional activities needed
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Bring travel media fam (national travel writer fly-ins) to Palo Alto
• Conduct at least one additional fam tour that incorporates key Palo Alto
properties and Palo Alto area
• Provide special flyer/information to Stanford summer camp reps for
distribution to parents of summer camp enrollees; promoting stays while
the-children are attending the camps
• Broaden photo contest to include Palo Alto shots
• Initiate meetings with Stanford academic-department chairs to determine
individual accomplishments, interests, events, possible
conferences/symposia that could be targeted for the area and begin
targeting those meetings .
• Continue dissemination of meeting leads to Palo Alto properties
• 90ntinue meeting planner site visits to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours, fam tours for international travel agents, and all appropriate
editorial outreach and responses
• _ Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Highlight Palo Alto at out of town reception for meeting planners (Midwest)
• Prepare and submit report of Destination PNSMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Quarter Four
4
• Conduct additional research with Palo Alto Visitors (Godbe, second phase
summer snapshot
• Hold meeting of Destination Palo Alto Advisory Committee to determine
progress made, additional activities needed
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Feature and make Palo Alto hotel stops on fam tour for Sacramento, East
Coast and Midwestern meeting planners
• Conduct informal surveying of Senior Games attendees to determine per
diem spending while at the games
• Continue dissemination of meeting leads to Palo Alto properties
• . Continue inclusion of PA area and properties in domestic and international
travel agent meeting planner fam tours
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filrning scouts
• Highlight Palo Alto at out of town reception for meeting planners (East
Coast)
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement (this will include Quarterly and Annual
Report with Milestones reported)
Year Two
Activities for First Quarter
• Release phase two results from Godbe Research to City of Palo Alto and
Destination Palo Alto Committee
• Conduct.meeting of Destination Palo Alto Advisory Committee and use
Phase two information to finalize branding of Palo Alto for visitors, review
Phase 2 research information, determine and initiate next steps, additional
activities
• Add new activities to work plan
• Submit marketing plan and benchmarks for Year Two, Quarters two, three
and four to City of Palo Alto.
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic and international
travel agent and meeting planner fam tours .
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
5
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Second Quarter
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
• Additional benchmarks to be reported on, based on marketing plan
submitted Quarter One, Year Two
• .Conduct meeting of Destination Palo Alto Advisory committee to ensure
that all projects are on task
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue inclusion of PA properties on fam tours for international travel
agents
• Continue promoting Palo Alto in new editorial content and in all
appropriate editorial outreach and responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Modify SMCCVB and Destination Palo Alto website in keeping with the
research . .
• Additional benchmarks to be reported on, based on marketing plan
submitted Quarter One, Year Two
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Third Quarter
• Modify Destination Palo Alto website and calendars as needed, based
upon final research
• Hold meeting of Destination' Palo Alto Advisory committee to ensure that
all projects are on task
• Conduct Destination Palo Alto Committee meeting to reflect on progress
to date and next steps
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
6
• Continue inclusion of PA properties on fam tours for international travel
agents
• Continue promoting Palo Alto in aU appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Fourth Quarter
• Conduct Destination Palo Alto Committee meeting to reflect on progress
to date and next steps
• Assist in crafting recommendations for ongoing Destination Palo Alto
operations
• Add new activities to work pia n
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
• Continue inclusion of PA properties on fam tours for international travel
agents
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement (this will include Quarterly and Annual
Report with Milestones reported) .
• Prepare final report with recommen<;Jations for Destination Palo Alto efforts
going. forward including information from DPA committee, stakeholders
and others
7
Exhibit B
Destination Palo Alto
Payment Schedule
FY 2008-2010
Payments will be made according to the following schedule:
Payment 1
Payment 2
Payment 3
Payment 4
Payment 5
Total Payments
To SMCCVB
Payment 1
Payment 2
Payment 3
Payment 4
Total Payments
$30,000
$50,000
$45,000
$45,000
$45,000
Within 30 days of contract signing
Completion of First quarter
Following submission/approval of quarterly report
Completion of Second quarter
Following submission/approval of quarterly report
Completion of Third quarter
Following submission/approval of quarterly report
Completion of Fourth quarter
Following submission/approval of quarterly
report and acceptance of annual report on
milestones
$215,000 Year One FY 2008-09
$60,000
$60,000
$60,000
$60,000
Completion of First quarter
Following submission/approval of quarterly report
Completion of Second quarter
Following submission/approval of quarterly report
Completion of Third quarter
Following submission/approval of quarterly report
Completion of Fourth quarter
Following submission/approval of quarterly report
and acceptance of annual report on milestones
including recommendations for Destination Palo
Alto
$240,000 Year Two FY 2009-10
EXHIBIT C
INSURANCE REQIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SIMLL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:Vll, OR mGHER, LICENSED OR AUTHORIZED TO
TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES WORKER'S COMPENSATION STATUTORY
YES AUTOMOBILE LIABILITY STATUTORY
BODIL Y INJURY $1,000,000 $1,000,000
YES COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000
lNJUR Y, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL, BODIL Y INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
AND FIRE LEGAL LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000;000
COMPREHENSIVE AUTOMOBILE -EACH OCCURRENCE $1,000,000 $1,000,000
YES LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODIL Y INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000
. COMBINED
NO PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
'~ SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSUL TANS, IF ANY, BUT ALSO,WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS. OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
II.
A. A PROVISION FOR A WRITTEN THIRTY DA Y ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE
OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY' ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO INDE.MNIFY CITY -SEE SAMPLE AGREEMENT FOR SERVICES.
SUBMIT CERTIFICATE, (S) OF INSURANCE EVIDENCING REQUIRED COVEJ<AGE. OR, COMPLETE THlS SECTION
AND IV THROUGH V, BELOW. ? \ S. S t f 0.... ti~c. '" t ~ ~ ~I);:\ . '
A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENTIBROKER:
C. POLICY l'JUMBER(S):
D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR
APPROVAL):
III. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS
SPECIFIED HEREIN.
IV. E;NDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES"
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY TIllS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSURES.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUlSH ANY RIGHTS OF THE INSURED
AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL
NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TIllRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
V. PROPOSER CERTIFIES THAT PROPOSER'S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE
SAME SIGNA TURE(S) AS APPEAR(S)ON SECTION n, ATTACHMENT A, PROPOSER'S INFORMATION FORM.
Firm:
Signature:
Name:
Signature:
Name:
NOTICES SHALL BE MAILED TO:
A. Workers Compensation: Employers Compensation Insurance Co.
255 California Street. Suite 300
San Francisco, CA 94111-4904
Property, General Liability, Auto: Great American .Insurance Group
580 Walnut Street
Cincinnati, OH 45202
B. Johndrow, Leveroni, Vreeburg
845 Marshall Street
Redwood City ,CA 94063
(650) 369-2921
C. Workers Compensation: FN 0322324 05
Property, General Liability, Auto: PAC 346-00-86
D. No deductibles on anything but property which has a deductible of $500.
EXHIBIT D
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals
listed below certify that they do not discriminate in employment of any person
because of race, skin color, gender, age, religion, disability, national origin,
ancestry, sexual orientation, housing status, nlarital status, familial status, weight
or height of such person; that they are in compliance with all Federa'I, State and
local directives and executive orders regarding nondiscrimination in employment.
1. If Proposer is INDIVIDUAL, sign here:
Date: ------
Proposer's Signature
Proposer's typed name and title
2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2)
Partners or each of the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date:
-----~
Date: ------
Member of the Partnership or Joint Venture
signature
Member of the Partnership or Joint Venture
signature
3. If Proposer is a CORPORATION, the duly authorized officer(s) shall
sign as follows:
The undersigned certify that they a re respectively:
Of the corporation named below; that they are designated to sign the
Proposal Cost Form by resolution (attach acertified copy, with corporate seal,
if applicable, notarized as to its authenticity or Secretary's certificate of
authorization) for and on behalf of the below named CORPORATION, and
that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
By: anD~.t W· l(.C\aJ~
09 ~ eft woW
Title: PrL$I~&-t-. ¢ Cr('l
By: .G!, I'\..<.. ~J.j t:tJ--~
'J~l,j
Date:
•
Title: Viu:... fires ick.ot 1 ~o
San Mateo County Convention & Visitors Bureau
Board of Directors Meeting IVlinutes
Hiller Aviation Museum
June 16, 2005
LeClair presented the benefits to the entire county and Palo Alto of including Palo Alto in
the San Mateo County BID. Following her presentation, Lewin noted that it was a good
idea and made a motion to move forward with the action steps presen ted; seconded by
Moore and approved by all.
San Mateo County Convention & Visitors Bureau
Board of Directors Meeting Minutes
Westin Hotel, Millbrae
August 18, 2005
The Executive Committee recommends that we proceed by offering the to all
properties in Palo Alto. Motion by Carlton to move forward with the Executive
Committee recommendation, second by Lewin, approved by all.
ATTACHMENT B
AGREElVIENT FOR PROFESSIONAL SERVICES
CITY OF PALO ALTO CO~1VTRACT NO.S09129386
AGREElVIENT BETWEEN THE CITY OF PALO ALTO AND
El\tIBARCADERO PUBLISHING COMPANY
FOR PROFESSIONAL SERVICES
(DESTINATION PALO ALTO)
This AGREEMENT is entered into October 6, 2008 by and between the CITY OF PALO
ALTO, a charter city and a municipal corporation of the State of California ("CITY"),
and, EMBARCADERO PUBLISHING COMPANY, a California Corporation, 703 High
Street., Palo Alto, California ("CONSULTANT").
RECITALS
. The following recitals are a substantive portion of this Agreement.
A. CITY intends to hire a consultant for Visitor Promotion ("Project") and desires to
engage a consultant to assist in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C. CITY in reliance on these representations desires to engage CONSULTANT to
provide the Services as more fully described in Exhibit "A", attached to and Inade a part
of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and conditions contained in this
Agreement. The performance of all Services shall be to the reasonable satisfaction of
CITY.
SECTION 2. TERM. The term of this Agreement will commence on October 20, 2008
and shall continue for a period not to exceed one year terminating on October 19,2009.
final 1
SECTION 2. TERl'\I. The term of this Agreement will commence on October 20, 2008
and shall continue for a period not to exceed one year terminating on October 19,2009.
The City has the right to extend the tem1 of this Agreement for one additional one year
period, based upon the same conditions of the initial term. The City shall notify
CONSULTANT in 'writing of its exercise of its option for an additional one year term not
less than thirty days prior to the end of the then current term. obligation of
CONTRi\CTOR to perform the Services will commence in accordance with the time
schedule set forth in Exhibit "A" unless terminated earlier pursuant to Section 19 of this
Agreement.
SECTION 3. SCHEDULE OF PERFORlvIANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall complete the
Services within the term of this Agreement and in accordance with the schedule set forth
in Exhibit "A", attached to and made a part of this Agreement. Any Services for which
times for performance are not specified in this Agreement shall be commenced and
completed by CONSULTANT in a reasonably prompt and timely manner based upon the
circumstances and direction communicated to the CONSULTANT. CITY's agreen1ent to
extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COlVIPENSATION. The compensation to be paid to
CONSULTANT for perfom1ance of the Services described in Exhibit "An, including
both payment for professional services and reimbursable expenses, shall not exceed
Twenty-Five Thousand Dollars ($25,000). The applicable rates and schedule ,of payment
are set out in Exhibit "A", which is attached to and made a part of this Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit "A", CONSULTANT shall not receive any compensation for
Additional Services perfOImed without the prior wIitten authorization of CITY.
Additional Services shall mean any \A/ork that is detern1ined by CITY to be necessary for
the proper cOlnpletion of the Project, but which is not included within the Scope of
Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit
invoices to the CITY consistent with the deliverables and schedule of events as
delineated in Exhibit "A' describing the services performed and the applicable charges.
The information in CONSULTANT's payment requests shall be subj ect to verification by
CITY. CONSULTANT shall send all invoices to the City's proj ect n1anager at the
address specified in Section 13 below. The City will generally process and pay invoices
within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall
be perfOlmed by CONSULTANT or under CONSULTANT's supervIsIon.
CONSULTANT represents that it possesses the professional and technical personnel
necessary to perform the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
final 2
represents that it, its employees and subconsultants, if permitted, have and shall maintain
during the term of this Agreement all licenses, permits, qualifications, insurance and
approvals of \vhatever nature that are legally required to perform the .Services.
All of the services to be furnished by CONSULT ANT under this agreement shall meet
the professional standard and quality that prevail among professionals in the same
discipline and of similar knowledge and skill engaged in related work throughout
California under the same or similar circumstances.
SECTION 7. COl\'IPLIANCE WITH LAWS. CONSULT ANT shall keep itself
infonnedof and in compliance with all federa~, state and local laws, ordinances,
regulations, and orders that may affect in any maImer the Project or the perfonnance of
the Services qr those engaged to perfonn Services under this Agreement.
CONSULTANT shall procure all pennits and licenses, pay all charges and fees, and give
all notices required by law in the performance of the Services.
SECTION 8. ERRORS/OlVIISSIONS. CONSULTANT shall correct, at no cost to
CITY, any and all errors, omissions, or ambiguities in the work product subn1itted to
CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared
plans and specifications or other design documents to construct the Project,
CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities
discovered prior to and during the course of construction of the Proj ecL This obligation
shall survive termination of the Agreement.
SECTION 9. [Intentionally Deleted.]
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
perfonning the Services under this Agreement CONSULTANT, and any person
employed by or contracted with CONSULTANT to furnish labor and/or materials under
this Agreement, shall act as and be an independent contractor and not an agent or
en1ployee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULT ANT shall
not assign or transfer any interest in this Agreement nor the performance of any of
CONSULTANT's obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be consent to any subsequent
assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY
agrees that subconsultants may be used to complete the Services. The subconsultants
authorized by CITY to perform work on this Project are:
1. Palo Alto Chamber of Commerce
CONSUlTANT shall be responsible for directing the work of its subconsultants and for
any cornpensation due to subconsultants. CITY assun1es no responsibility whatsoever
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concerning compensation. CONSULTANT shall be fully responsible to CITY for all acts
and omissions of a subconsultant. CONSULTANT shall change or add subconsultants
only with the prior approval of the city manager or his
SECTION 13. PROJECT ~IA.NAGEl\tIENT. CONSULTANT will assign Bill
Johnson as the project director to have supervisory responsibility for the performance,.
progress, and execution of the Services and to represent CONSULT ANT during the day
to-day work on the Project. If circun1stances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel
will be subject to the prior written approval 'of the CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds
do not perform the Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property.
The City's project manager is Susan Barnes, Economic Development Manager, Palo
Alto, CA 94303, Telephone:(650)-329-2604. The project manager will be
CONSULTANT's point of contact with respect to performance, progress and execution
of the Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. Intentionally deleted
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable
time during the tenn of this Agreement and for three (3) years thereafter,
CONSlJLTANT's records pertaining to Inatters covered by this Agreen1cnt.
CONSULTANT fluiher agrees to 111aintain and retain such records forat least three (3)
years after the expiration or earlier termination of this Agreement.
§ECTION 16. INDEM~ITY.
16.1. To the fullest extent pern1itted by law, CONSULTANT shall protect, inden1nify,
defend and hold harmless CITY, its Council members, officers, en1ployees and agents
(each an "Indelnnified Party") froin and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") reSUlting from, arising out of or in any manner
related to performance or nonperformance by CONSULTANT, its officers, employees,
'-4.",,-'-'1.1.'''' or contractors under this Agreement, regardless of whether or not it is caused in
part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require
CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
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16.3. The acceptance of CONSULT ANT's services and duties by CITY shall not operate
as a wai ver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early tennination of this Agreement.
SECTION 17. \VA1VERS. The \vaiver by eitherpart'y of any breach or violation of any
covenant, tenTI, condition or provision of this Agreement, or of the provisions of any
ordinance or law, will not be deemed to be a waiver of any other term, covenant,
condition, provisions, ordinance or law, or of any subsequent breach or violation of the
same or of any other term, covenant, condition, provision, ordinance or law.
SECTION 18. INSURi\NCE.
18.1. CONSULTANT,at its sole cost and expense, shall obtain and maintain, in full
force and effGct during the term of this Agreement, the insurance coverage described in
Exhibit liD", CONSULT ANT and itscontractors, if any, shall obtain a policy
endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with
AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all
contractors of CONSULTANT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of this Agreement, identical
insurance coverage, naming CITY as an additional insured under such policies as
required above.
18.3. Cer1:ificates evidencing such insurance shall be filed with CITY concurrently with
the execution of this Agree111ent. The certificates will be subject to the approval of
CITY's Risk Manager and will contain an endorsement stating that the insurance· is
primary coverage and will not be canceled, or materially reduced in coverage or limits,
by the insurer except after filing with the Purchasing Iv1anager thiliy (30) days' prior
written notice of the cancellation or Inodification, CONSULTANT shall be responsible
for ensuring that current certificates evidencing· the insurance are provided to CITY's
Purchasing Manager during the entire tenn of this Agreement.
18.4. The procuring of such required policy or policies of insurance will not be construed
to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT
will be obligated for the full and total amount of any damage, injury, or loss caused by or
directly arising as a result of the Services performed under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERlVlINATION OR SUSPENSION OF AGREEl\tlENT OR
SERVICES.
fin~ 5
19.1. The city manager may suspend the performance of the Services, in vvhole or in
part, or tenninate this Agreement~ with cause, by giving sixty (60) days prior written
notice thereof to CONSULTANT. For puposes of this provision, cause to terminate shall
consist of: (1) material breach of this Agreement or (2) commission of fraudulent
practices. Upon receipt of such notice, CONSLJLTANT will immediately discontinue its
performance of the Services.
19.2. CONSULTANT may terminate this Agreement or suspend its performance of the
Services by giving thirty (30) days prior written notice thereof to CITy'", but only in the
event of a substantial failure of performance by CITY.
19.3. Upon such suspension or tennination, CONSULTANT shall deliver to the City
Manager immediately any and all copies of Deliverables, whether or not completed,
prepared by CONSULTANT or its contractors, if any, or given to CONSULT ANT or its
contractors, if any, in connection with this Agreement. Such materials will become the
property of CITY.
19.4. If this Agreement is suspended or terminated on account of a default by
CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services which are of direct and immediate benefit to CITY
as such determination may be made by the City Manager acting in the reasonable
exercise ofhis/her discretion
19.5. No payrnent,partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified
n1ail, addressed as follows:
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager .
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULT ANT covenants that it presently has no
interest, and will not acquire any interest, direct or indirect, financial or otherwise, \vhich
would conflict in any malmer or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it
will not elnploy subconsultants, contractors or persons having such an interest.
final 6
CONSULTANT certifies that no person who has or win have any financial interest under
this Agreement is an officer or employee of CITY; this provision will be interpreted in
accordance with the applicable provisions of the Palo .. ~lto :vfunicipal Code and the
Govemnlent Code of the State of California.
21 J. If the Proj eet Nlanager determines that CONSUL T A}~T is a "Consultant" as that
term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropri'ate financial disclosure
documents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto lYfunicipal Code
section 2.30.510, CONSULT AL'JT certifies that in the performance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin color,
gendet, age, religion, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person. CONSULTANT
acknowledges that it has read and understands the provisions of Section 2.30.510 of the
Palo Alto Municipal Code relating to Nondiscrimination Requiren1ents and the penalties
for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
, to nondiscrimination in employment, including completing the form furnished by CITY
and set forth in Exhibit "E."
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. In the event that an action is brought, the parties agree that trial of such action will
be vested exclusively in the state courts of California in the County of Sant.a Clara, State
of California.
23.3. The prevailing party in any action brought to enforce the provisions of this
Agreement Inay recover its reasonable costs and atton1eys' fees expended in connection
with that action. The prevailing paIiy shall be entitled to recover an an10unt equal to the
fair market value of legal services provided by atton1eys employed by it as well as any
attorneys' fees paid to third parties.
23.4. This document represents the entire and integrated agreement between the parties
and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the
parties.
23.5. The covenants, tenns, conditions and provisions of this Agreement will apply to,
and will bind, the heirs, successors, executors, administrators, assignees, and consultants
of the parties.
23~6. If a court of competent jurisdiction finds or rules that any prOVISIon of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions
of this Agreement and any amendments thereto will ren1ain in full force and effect.
final 7
23.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement \vhich, from time to time,may be referred
to in any duly executed amendment hereto are by such reference incorporated in this
Agreement and will be deem~ed to be a part of this Agreement.
23.8. This' Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto 1vlunicipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that fu,nds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Agreement are no
longer available. This Section 23.8 shall take precedence in the event of a conflict with
any other covenant, term, condition, or provision of this Agree!Dent.
23.9. The individuals executing this Agreement represent and warrant that they have the
legal capacity and authority to do so on behalf of their respective legal entities.
final 8
IN" \VITNESS \VHEREOF, the parties hereto have by their duly
authorized representatives .executed this Agreement on the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Director of Administrative
Services
Attachments:
[CONS1JLTAN 1
B~'·
Name: ('411;;41 .f·· JJ,hJt;t-
Title: ?"n~ EII1 ~tI.'l"drA P-4!,/6'V 4
EXHIBIT "A";
EXHIBIT "B":
SCOPE OF WORK/COMPENSATION
INTENTIONALLY OMITTED
EXI-IIBIT "C":
EXHIBIT "D":
final
INSURANCE REQUIREMENTS
CERTIFICATION OF NONDISCRTh1INATION
9
Exhibit A
Destination Palo Alto
FY 2008-09 and FY 2009-10
Scope of Services: Embarcadero Publishing Co.
(Palo Alto Weekly & Palo Alto Online)
Coordinate and collaborate with the other Destination Palo Alto partners
(San Mateo Convention & Visitors Bureau and Palo Alto Chamber of
Commerce) to develop information resources in print and online aimed
at visitors to the Palo Alto area, including:
• Redesign, update and maintain the Destination Palo Alto Web site
(http://www.destinationpaloalto.com) and enhance its local event
information offerings (First quarter of contract)
• Develop and produce an updated "rack" brochure promoting the City
of Palo Alto and containing map(s) to the retail centers of the city
(Second quarter of contract)
• Publish Visitors Guide twice a year and enhance its effectiveness
through newly developed content and upgraded printing quality
(Third quarter of contract)
Payment schedule:
$15,000 upon completion of website changes
$5,000 upon completion of updated rack brochure
$ 5,000 upon completion of Visitors Guide
1
EXHIBIT C
INSURCANCE REQIRElYfENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPE~SE, SHALL FOR THE TERi"Yf OF THE
CONTRACT OBTAIN AND MAI0fTAIN fNSURANCE IN THE AlviOlJNTS FOR THE COVER}·\GE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:VIl, OR HIGHER, LICENSED OR AUTHORIZED TO
TR..:.\NSACT INSURANCE BUSINESS IN THE STATE OF CALIFO~\fIA.
A WARP IS CONTINGENT ON COMPLIANCE WITH CITY'S fNSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM Ll1v!ITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES WORKER'S COMPENSATION STATUTORY
YES AUTOMOBILE LIABILITY STATUTORY
BODILY INJURY $i ,000,000 $1,000,000
YES COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000
INJURY, BROAD FORlvl PROPERTY
DAMAGE BLANKET CONTRACTUAL, BODILY INJURY & PROPERTY DAMAGE $1,000,000 $1,000,000
AND FIRE LEGAL LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
COMPREHENSIVE AUTOMOBILE -EACH OCCURRENCE $1,000,000 $1,000,000
YES LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODILY INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000
COMBINED
YESil'-:() PROFESSIONAL LIABILITY,
'fBD INCLUDING, ERRORS AND
OMISSIONS, MALPRACTfCE (WHEN
ArPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
SHALL OBTAIN AND MAINTAIN. IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSUL TANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY
AND PROFESSIONAL INSURANCE. NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS.
AND EMPLOYEES.
L INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE
OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONTRACTOR'S AGREEMENT TO fNDEMNIFY CITY -SEE SECTION TBD, SAMPLE AGREEMENT FOR
SERVICES.
II. SUBMIT CERTIFICA TE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLETE THIS SECTION
AND IV THROUGH V, BELOW.
A. NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER:
C. POLICY NL1vIBER(S):
D. DEDUCTIBLE A;VIOuf\IT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR
APPROVAL):
III. A WARD IS CONTINGENT ON COMPLIANCE W1TH CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH. THE REQUIREMENTS
SPECIFIED HEREIN. .
IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL fNSURES"
A. PRlMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRItvlARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE
ADDITIONAL INSURES.
B. CROSS LIABILITY
THE NAMfNG OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER THE
POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED
. AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL
NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
I. IF THE POLICY IS CANCELED BEFORE ITS EXpmATION DATE FOR ANY REASON OTHER
THAN THE NON-P A YMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TIlIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLA TION.
2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (1 0) DAY
WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
V. PROPOSER CERTIFIES THAT PROPOSER'S INSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNA TURE(S) BELOW. SIGNATURE(S) MUST BE
SAl\IE SIGNATURE(S) AS APPEAR(S) ON SECTION II, ATTACHMENT A, PROPOSER'S INFORMATION FORM.
Firm:
Signature:
Name:
(Print or type name)
Signature:
Name:
(Print or type name)
NOTICES SlL.\LL BE MAILED TO:
1
PURCHASING AND
CONTR-\CT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303.
2
EXHIBIT 0
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals
listed below certify that they do not discriminate in employment of any person
because of race, skin color, gender, age, religion, disability, national origin,
ancestry, sexual orientation, housing status, marital status, familial status, weight
or height of such person; that they are incompliance with all Federal, State and
local directives and executive orders regarding nondiscrimination in employment.
1. If Proposer is INDIVIDUAL, sign here:
Date: -------
Proposer's Signature
Proposer's typed name and title
2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2)
Partners or each of the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date: -------
Date: -----.....:.--
Member of the Partnership or Joint Venture
signature
of the Partnership or Joint Venture
signature
3. If Proposer is a CORPORATION, the duly authorized officer(s) shall
sign as follows:
. y that they are respectively:
----~~~~~~--~------------and
Of the corporation named below: that they are designated to sign the
Proposal Cost Form by resolution (attach a certified copy, "'lith corporate seal,
if applicable, notarized as to its authenticity or Secretar/s certificate of
authorization) for and on behalf of the below named CORPORATION, and
that they are authorized to execute same for and on behalf of said
CORPORATION.
Corporation Name (type or print)
Date:
Date: ---------
Title:
-~---------------------------------
ATTACHMENTC
AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF PALO ALTO CONTRACT NO. S09126967
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
SAN MATEO COUNTY CONVENTION & VISITORS BUREAU
FOR PROFESSIONAL SERVICES
(DESTINATION PALO ALTO)
This AGREEMENT is entered into October 6, 2008 by and behveen the CITY OF PALO
ALTO, a charter city and a municipal corporation of the State of California ("CITY"),
and, SAN MATEO COUNTY CONVENTION & VISITORS BUREAU, a California
Corporation, located at 111 · Anza Blvd., Burlingame, California ("CONSULTANT").
RECITALS
The following recitals are a substantive portion of this Agreement.
A. CITY intends to hire a consultant for Visitor Promotion ("Project") and desires to
engage a consultant to assist in connection with the Project ("Services").
B. CONSULTANT has represented that it has the necessary professional expertise,
qualifications, and capability, and all required licenses and/or certifications to provide the
Services.
C . CITY in reliance on these representations desires to engage CONSULT ANT to
provide the Services as more fully described in Exhibit "A", attached to and made a part
of this Agreement.
NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions,
this Agreement, the parties agree:
AGREEMENT
SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services
described in Exhibit "A" in accordance with the terms and conditions contained in this
Agreement. The performance of all Services shall be to the reasonable satisfaction of
CITY.
final 1
SECTION 2. TERM. The term of this Agreement will COll1mence on October 20, 2008
and shall continue for a period not to exceed one year terminating on October 19, 2009.
The City has the right to extend the term of this Agreenlent for one additional one year
period, based upon the same conditions of the initial term. The City shall notify
CONSULTANT in writing of its exercise of its option for an additional one year term not
less than thirty days prior to ,the end of the then current term. The obligation of
CONTRACTOR to perform the Services will commence in accordance with the time
schedule set forth in Exhibit "A" unless terminated earlier pursuant to Section 19 of this
Agreement.
SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the
performance of Services under this Agreement. CONSULTANT shall complete the
Services within the term of this Agreement and in accordance with the schedule set forth
in Exhibit "B", attached to and made a part of this Agreement. Any Services for which
times for performance are not specified in this Agreement shall be commenced and
completed by CONSULTANT in a reasonably prompt and timely manner based upon the
circumstances and direction communicated to the CONSULTANT. CITY's agreement to
extend the term or the schedule for performance shall not preclude recovery of damages
for delay if the extension is required due to the fault of CONSULTANT.
SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to
CONSULTANT for performance of the Services described in Exhibit "A", including
both payment for professional services and reimbursable expenses, shall not exceed Four
Hundred Fifty Five Thousand Dollars ($455,000). The applicable rates and schedule of
payment are set out in Exhibit "B", entitled "SCHEDULE OF
PERFORMANCE/COMPENSA TION," which is attached to and made a part of this
Agreement.
Additional Services, if any, shall be authorized in accordance with and subject to the
provisions of Exhibit "B", CONSULTANT shall not receive any compensation for
Additional Services performed without the prior written authorization of CITY.
Additional Services shall mean any work that is determined by CITY to be necessary for
the proper completion of the Project, but which is not included within the Scope of
Services described in Exhibit "A".
SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit
invoices to the CITY consistent with the deliverables and schedule of events as
delineated in Exhibit "B' describing the services performed and the applicable charges.
The information in CONSULT ANT's payment requests shall be subject to verification by
CITY, CONSULTANT shall send all invoices to the City's project manager at the
address specified in Section 13 below. The City will generally process and pay invoices
within thirty (30) days of receipt.
SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All of the Services shall
be performed by CONSULTANT or under CONSULTANT's supervIsIon.
CONSULTANT represents that it possesses the professional and technical personnel
final 2
necessary to perfonn the Services required by this Agreement and that the personnel have
sufficient skill and experience to perform the Services assigned to them. CONSULTANT
represents that it, its employees and subconsultants, if permitted, have and shall maintain
during the term of this Agreement all licenses, permits, qualifications, insurance and
approvals of whatever nature that are legally required to perform the Services.
All of the services to be furnished by CONSULTANT under this agreement shall meet
the professional standard and quality that prevail among professionals in the same
discipline and of similar knowledge and skill engaged in related work throughout
California under the same or similar circumstances.
SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself
informed of and in compliance with all federal, state and local laws, ordinances,
regulations, and orders that may affect in any manner the Proj ect or the performance of
the Services or those engaged to perform Services. under this Agreement.
CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give
all notices required by law in the perfonnance of the Services.
SECTION 8. ERRORS/OMISSIONS. CONSULTANT shall correct, at no cost to
CITY, any and all errors, omissions, or ambiguities in the work product submitted to
CITY, provided CITY gives notice to CONSULTANT. If CONSULTANT has prepared
plans and specifications or other design documents to construct the Project,
CONSULTANT shall be obligated to correct any and all errors, omissions or ambiguities
discovered prior to and during the course of construction of the Project. This obligation
shall survive termination of the Agreement.
SECTION 9. [Intentionally Deleted.]
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that in
performing the Services under this Agreement CONSULTANT, and any person
employed by or contracted with CONSULT ANT to furnish labor and/or materials under
this Agreement, shall act as and be an independent contractor and not an agent or
employee of the CITY.
SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of
CONSULTANT are material considerations for this Agreement. CONSULTANT shall
not assign or transfer any interest in this Agreement nor the performance of any of
CONSULT ANT's obligations hereunder without the prior written consent of the city
manager. Consent to one assignment will not be deemed to be consent to any subsequent
assignment. Any assignment made without the approval of the city manager will be void.
SECTION 12. SUBCONTRACTING. Notwithstanding Section 11 above, CITY
agrees that subconsultants may be used to complete the Services. The subconsultants
authorized by CITY to perform work on this Project are:
1. Palo Alto Chamber of Comlnerce
final 3
CONSULTANT shall be responsible for directing the work of its sub consultants and for
any compensation due to sub consultants. CITY assumes no responsibility whatsoever
concerning compensation. CONSULT ANT shall be fully responsible to CITY for all acts
and omissions of a sub consultant. CONSULTANT shall change or add subconsultants
only with the prior approval of the city manager or his designee.
SECTION 13. PROJECT MANAGEMENT. CONSULTANT will aSSIgn Anne
LeClair as the project director to have supervisory responsibility for the performance,
progress, and execution of the Services and to represent CONSULTANT during the day
to-day work on the Project. If circumstances cause the substitution of the project director,
project coordinator, or any other key personnel for any reason, the appointment of a
substitute project director and the assignment of any key new or replacement personnel
will be subject to the prior written approval of the CITY's project manager.
CONSULTANT, at CITY's request, shall promptly remove personnel who CITY finds
do not perform the Services in an acceptable manner, are uncooperative, or present a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property.
The City'S project manager is Susan Ban1es, Economic Development Manager, Palo
Alto, CA 94303, Telephone:(650)-329-2604. The project manager will be
CONSULTANT's point of contact with respect to perforn1ance, progress and execution
of the Services. The CITY may designate an alternate project manager from time to time.
SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without
limitation, all writings, drawings, plans, reports, specifications, calculations, documents,
other materials and copyright interests created in the performance of the Services and
intended to be delivered to the CITY under this Agreement (the Deliverables) shall be
and remain the exclusive property of CITY without restriction or limitation upon their
use. CONSULTANT agrees that all copyrights which arise from creation of the
Deliverables pursuant to this Agreement shall be vested in CITY, and CONSULTANT
waives and relinquishes all claims to copyright or other intellectual property rights in
favor of the CITY. Neither CONSULTANT nor its contractors, if any, shall make any of
such materials available to any individual or organization without the prior written
approval of the City Manager or designee. CONSULTANT makes no representation of
the suitability of the work product for use in or application to circumstances not
contemplated by the scope of work.
SECTION 15. AUDITS. CONSULTANT will permit CITY to audit, at any reasonable
time during the term of this Agreement and for three (3) years thereafter,
CONSULTANT's records pertaining to matters covered by this Agreement.
CONSULTANT further agrees to maintain and retain such records for at least three (3)
years after the expiration or earlier termination of this Agreement.
SECTION 16. INDEMNITY.
16.1. To the fullest extent permitted by law, CONSULTANT shall protect, indemnify,
defend and hold harmless CITY, its Council members, officers, employees and agents
final 4
(each an "Indemnified Party") from and against any and all demands, claims, or liability
of any nature, including death or injury to any person, property damage or any other loss,
including all costs and expenses of whatever nature including attorneys fees, experts fees,
court costs and disbursements ("Claims") resulting from, arising out of or in any manner
related to performance or nonperformance by CONSULTANT, its officers, employees,
agents or contractors under this Agreement, regardless of whether or not it is caused in
part by an Indemnified Party.
16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require
CONSULTANT to indemnify an Indemnified Party from Claims arising from the active
negligence, sole negligence or willful misconduct of an Indemnified Party.
16.3. The acceptance of CONSULTANT's services and duties by CITY shall not operate
as a waiver of the right of indemnification. The provisions of this Section 16 shall survive
the expiration or early termination of this Agreement.
SECTION 17. WAIVERS. The waiver by either party of any breach or violation of any
covenant, term, condition or provision of this Agreement, or of the provisions of any
ordinance or law, will not be deemed to be a waiver of any other term, covenant,
condition, provisions, ordinance or law, or of any subsequent breach or violation of the
same or of any other term, covenant, condition, provision, ordinance or law.
SECTION 18. INSURANCE.
18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full
force and effect during the term of this Agreement, the insurance coverage described in
Exhibit "D". CONSULTANT and its contractors, if any, shall obtain a policy
endorsement naming CITY as an additional insured under any general liability or
automobile policy or policies.
18.2. All insurance coverage required hereunder shall be provided through carriers with
AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or
authorized to transact insurance business in the State of California. Any and all
contractors of CONSULTANT retained to perform Services under this Agreement will
obtain and maintain, in full force and effect during the term of this Agreement, identical
insurance coverage, naming CITY as an additional insured under such policies as
required above.
18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with
the execution of this Agreement. The certificates will be subject to the approval of
CITY's Risk Manager and will contain an endorsement stating that the insurance is
primary coverage and will not be canceled, or> materially reduced in coverage or limits,
by the insurer except after filing with the Purchasing Manager thirty (30) days' prior
written notice of the cancellation or modification, CONSULTANT shall be responsible
for ensuring that current certificates evidencing the insurance are provided to CITY's
Purchasing Manager during the entire term of this Agreement.
final 5
18.4. The procuring of such required policy or policies of insurance will not be construed
to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions
of this Agreement. Notwithstanding the policy or policies 6finsurance, CONSULTANT
will be obligated for the full and total amount of any damage, injury, or loss caused by or
directly arising as a result of the Services perfonned under this Agreement, including
such damage, injury, or loss arising after the Agreement is terminated or the term has
expired.
SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR
SERVICES.
19.1. The city manager may suspend the performance of the Services, in whole or in
part, or terminate this Agreement, with cause, by giving sixty (60) days prior written
notice thereof to CONSULTANT. For puposes of this provision, cause to terminate shall
consist of: (1) material breach of this Agreement or (2) commission of fraudulent
practices. Upon receipt of such notice, CONSULTANT will immediately discontinue its
performance of the Services. .
19.2. CONSULTANT may terminate this Agreement or suspend its performance of the
Services by giving thirty (30) days prior written notice thereof to CITY, but only in the
event of a substantial failure of performance by CITY.
19.3. Upon such suspension or termination, CONSULTANT shall deliver to the City
Manager immediately any and all copies of Deliverables, whether or not completed,
prepared by CONSULTANT or its contractors, if any, or given to CONSULTANT or its
contractors, if any, in connection with this Agreement. Such materials will become the
property of CITY.
19.4. If this Agreement is suspended or terminated on account of a default by
CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that
portion of CONSULTANT's services which are of direct and immediate benefit to CITY
as such determination may be made by the City Manager acting in the reasonable
exercise of hislher discretion
19.5. No payment, partial payment, acceptance, or partial acceptance by CITY will
operate as a waiver on the part of CITY of any of its rights under this Agreement.
SECTION 20. NOTICES.
All notices hereunder will be given in writing and mailed, postage prepaid, by certified
mail, addressed as follows:
final
To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
6
To CONSULTANT: Attention of the project director
at the address of CONSULTANT recited above
SECTION 21. CONFLICT OF INTEREST.
21.1. In accepting this Agreement, CONSULT ANT covenants that it presently has no
interest, and will not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the Services.
21.2. CONSULTANT further covenants that, in the performance of this Agreement, it
will not employ subconsultants, contractors or persons having such an interest.
CONSULTANT certifies that no person who has or will have any financial interest under
this Agreement is an officer or employee of CITY; this provision will be interpreted in
accordance with the applicable provisions of the Palo Alto Municipal Code and the
Government Code of the State of California.
21.3. If the Project Manager determines that CONSULTANT is a "Consultant" as that
term is defined by the Regulations of the Fair Political Practices Commission,
CONSULTANT shall be required and agrees to file the appropriate financial disclosure
docun1ents required by the Palo Alto Municipal Code and the Political Reform Act.
SECTION 22. NONDISCRIMINATION. As set forth in Palo Alto Municipal Code
section 2.30.51 0, CONSULTANT certifies that in the performance of this Agreement, it
shall not discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation, housing
status, marital status, familial status, weight or height of such person. CONSULTANT
acknowledges that it has read and understands the provisions of Section 2.30.510 of the
Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties
for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining
to nondiscrimination in employment, including completing the form furnished by CITY
and set forth in Exhibit "E."
SECTION 23. MISCELLANEOUS PROVISIONS.
23.1. This Agreement will be governed by the laws of the State of California.
23.2. In the event that an action is brought, the parties agree that trial of such action will
be vested exclusively in the state courts of California in the County of Santa Clara, State
of California.
23.3. The prevailing party in any action brought to enforce the provisions of this
Agreement may recover its reasonable costs and attorneys' fees expended in connection
with that action. The prevailing party shall be entitled to recover an amount equal to the
fair market value of legal services provided by attorneys en1ployed by it as well as any
attonleys' fees paid to third parties.
final 7
23.4. This document represents the entire and integrated agreement between the parties
and supersedes all prior negotiations, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is signed by the
parties.
23.5. The covenants, terms, conditions and provisions of this Agreement will apply to,
and will bind, the heirs, successors, executors, administrators, assignees, and consultants
of the parties.
23.6. If a court of competent jurisdiction finds or rules that any prOVIsIon of this
Agreement or any amendment thereto is void or unenforceable, the unaffected provisions·
of this Agreement and any amendments thereto will remain in full force and effect
23.7. All exhibits referred to in this Agreement and any addenda, appendices,
attachments, and schedules to this Agreement which, from time to time, may be referred
to in any duly executed amendment hereto are by such reference incorporated in this
Agreement and will be deemed to be a part of this Agreement.
23.8. This Agreement is subject to the fiscal provisions of the Charter of the City of
Palo Alto and the Palo Alto Municipal Code. This Agreement will terminate without any
penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the
following fiscal year, or (b) at any time within a fiscal year in the event that funds are
only appropriated for a portion of the fiscal year and funds for this Agreement are no
longer available. This Section 23.8 shall take precedence in the event of a conflict with
any other covenant, term, condition, or provision of this Agreement
23.9. The individuals executing this Agreement represent and warrant that they have the
legal capacity and authority to ,do so on behalf of their respective legal entities.
final 8
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Agreement on the date first above written.
Attaclunents:
EXHIBIT "A":
EXHIBIT "B":
EXHIBIT "C":
EXHIBIT "D":
final
SCOPE OF WORK
SCHEDULE OF PERFORMANCE/COMPENSATION
INSURANCE REQUIREMENTS
CERTIFICATION OF NONDISCRIMINATION
9
Exhibit A
Destination Palo Alto
FY 2008·09 and FY 2009-10
Scope of Services
Milestones and Timellne:
Quarterly reports will be provided to the City of Palo Alto. These will
include (but are not limited to):
• Number of leads identified, generated
• Total potential economic impact of leads generated
• Total number of room nights booked
• Targets reached for non-peak nights
• Events booked
• Packages created
• PACE Report with comparison to prior year
• Hotel occupancy comparison with TOT comparison (by month, year)
• Number of visitors, inquiries to Visitor Center
• Number of visitors to DPA website
• Report on average daily spending by overnight visitors to Palo Alto
• Number of fam* tours and fam tour attende.es (including descriptions
of size of potential accounts)
• Media updates (including list of articles/online pieces, broadcasts
generated)
• International fam tour up,dates
• Advertising reports including publications of advertisements about
Palo Alto that have been featured and audience size reached
Activities to achieve Milestones
Year One
Quarterly Reports will include a report on milestones and activities
achieved each quarter.
Activities for Quarter One
• Begin dissemination of meeting leads to Palo Alto properties
• Go to all Palo Alto hotels and motels for "need dates" to be included in
bimonthly planner blast
• Hold initial meeting of Destination Palo Alto Advisory Committee and
begin building local visitor database for future email special and calendar
updates. Determine information they would like to see collected in survey
• Set up a visitor center within the Palo Alto Chamber office, including
signage, Destination Palo Alto phone line, personnel to staff, and signage
1
• Contract with Godbe Research, create formal research plan and surveys
to get feel for Palo Alto visitors' perception of the area, what will draw
them there, etc. and begin research
• Secure buy-in of key Palo Alto properties willing to participate in Godbe
Research surveying and begin formal research
• Initiate meetings with Stanford Public Affairs representatives to determine
how best Destination PA may get the word out about events, drive room
nights and drive other locals and area visitors to special events
• Initiate one-on-one meetings/discussions with Stanford Athletic Dept.
heads to determine possible target events w/room nights, gather specs for
individual fields and sports facilities at Stanford, and determine how
Destination Palo Alto and SMCCVB may best promote upcoming sporting
events, including packaging with hotel room nights
• Add all key Palo Alto players /groups to list solicited for upcoming events
by SMCCVB and begin inclusion of PA events in published and online
calendars
• Gather Palo Alto property information and incorporate all Palo Alto
properties into meeting planner guide, visitor guide and include on
SMCCVB website
• Issue press release to all major meeting planner publications, announcing
coverage of Palo Alto, highlighting key selling points of area
• Contact all meeting planners in SMCCVB data base, orienting them to
Palo Alto and invite them out for site visits
• Contact all meeting planners who have not considered the Bay Area due
to airport area concerns and explain that we have a great non-airport area
for them to see
• Conduct training for Palo Alto hotel sales managers on how best to work
with SMCCVB-generated leads, etc. and instruct all Palo Alto hotels on
how to participate in the broad, national "hot dates" program paid for by
the CVB, in which they may go online themselves and add hot dates/rates
to a site aimed at planners seeking last minute bookings;
• MC;1ke site visits (SMCCVB sales team) to all Palo Alto properties with
meeting space to become familiar with group booking opportunities
• Complete site visits to all Palo Alto properties without meeting space
(Internationalrrourism Development Director, Film Commissioner and
Publications Manager/media outreach person) to become familiar, take
photographs
• Contact all internal customers, local customers and key groups (e.g., Palo
Alto Downtown, Stanford) notifying them of new Visitor Center
• Solicit Palo Alto properties' input for key trade shows of interest to their
markets
2
• Inform Palo Alto properties of upcoming shows for possible partnering; to
determine level of interest in tour groups, particularly inbound international
• Label all outgoing correspondence to meeting planners to generate
meeting planner inquiries on the Palo Alto and its properties
• Personally invite all past fam attendees back to see Palo Alto properties
(Sales Team)
• Feature Palo Alto venues ranging from unique Stanford University spots to
downtown buildings and squares in emails to producers and filming scouts
by the SMCCVB's film commissioner, touting them as fresh, undiscovered
filming locations
• Find Palo Alto angle in all media lead responses (e.g. "romance
packages", green places to stay
• Update all existing editorial used for outreach to include Palo Alto angle
• I nclude Palo Alto special events and special hotel and motel promotions
in SMCCVB's monthly email update to database of thousands of .
prospective visitors interested in visiting the Bay Area
• Issue a special update to our CTTC/SFCVB representatives overseas,
notifying them of the change and describing Palo Alto and its properties in
detail. Likewise, CITC will be informed that Palo Alto is a key new area of
promotion
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Quarter Two
• Continue research through Godbe Research, collecting sufficient data to
be used in "branding"/outreach of Palo Alto area to entice more visitors
into the area
• Conduct Destination Palo Alto Advisory Committee meeting to update
group, determine progress, next steps
• Feature Palo Alto properties in fam tour for incentive meeting planners
and fam for Jet Airways' top travel agents from India
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior quarter
• Convene meetings with Stanford Medical Department chairs, soliciting info
on medical research underway, recent breakthroughs, prospective groups
to recruit; availability of expert speakers in particular areas of expertise for
use in recruiting conferences
• Restructure layout of SMCCVB/Silicon Valley visitor guide to break area
into geographic sections and begin to address drivers of visits, as outlined
in preliminary research results
• Meet with representatives of Stanford Alumni and Development offices to
determine whether additional reunionslfunctions might be added with
rooms assistance from SMCCVB
• Feature Palo Alto' properties in fam tour for incentive meeting planners
3
• Meet with The Cribbs Group and representatives of Anthony Travel to
discuss targeting of additional events by SMCCVB sales team
• Continue dissemination of meeting leads to Palo Alto properties
• Update PA area and properties in domestic and international meeting
planner fam tours
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Quarter Three
• Release results of phase one of formal research to City of Palo Alto and
hold meeting of Destination Palo Alto Advisory Committee with Chamber
to discuss how best to capitalize on research results, determine progress
made, additional activities needed
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Bring travel media fam (national travel writer fly-ins) to Palo Alto
• Conduct at least one additional fam tour that incorporates key Palo Alto
properties and Palo Alto area
• Provide special flyer/information to Stanford summer camp reps for
distribution to parents of summer camp enrollees, promoting stays while
the children are attending the camps
• Broaden photo contest to include Palo Alto shots
• In"itiate meetings with Stanford academic department chairs to determine
individual accomplishments, interests, events, possible
conferences/symposia that could be targeted for the area and begin
targeting those meetings
• Continue dissemination of meeting leads to Palo Alto properties
• Continue meeting planner site visits to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours, fam tours for international travel agents, and all appropriate
editorial outreach and responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Highlight Palo Alto at out of town reception for meeting planners (Midwest)
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Quarter Four
4
• Conduct additional research with Palo Alto Visitors (Godbe, second phase
summer snapshot
• Hold meeting of Destination Palo Alto Advisory Committee to determine
progress made, additional activities needed
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Feature and make Palo Alto hotel stops on fam tour for Sacramento, East
Coast and Midwestern meeting planners
• Conduct informal surveying of Senior Games attendees to determine per
diem spending while at the games
• Continue dissemination of meeting leads to Palo Alto properties .
• Continue inclusion of PA area and properties in domestic and international
travel agent meeting planner fam tours
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Highlight Palo Alto at out of town reception for meeting planners (East
Coast)
• Prepare and submit report of Destination PAiSMCCVB activities to City of
Palo Alto as specified in agreement (this will include Quarterly and Annual
Report with Milestones reported)
Year Two
Activities for First Quarter
• Release phase two results from Godbe Research to City of Palo Alto and
Destination Palo Alto Committee .
• Conduct meeting of Destination Palo Alto Advisory Committee and use
Phase two information to finalize branding of Palo Alto for visitors, review
Phase 2 research information, determine and initiate next steps, additional
activities
• Add new activities to work plan
• Submit marketing plan and benchmarks for Year Two, Quarters two, three
and four to City of Palo Alto.
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic and international
travel agent and meeting planner fam tours .
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
5
• Continue promoting individual Palo Alto locations to production companies
and filming scouts .
• Prepare and submit report of Destination PAiSMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Second Quarter
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
• Additional benchmarks to be reported on, based on marketing plan
submitted Quarter One, Year Two
• Conduct ITleeting of Destination Palo Alto Advisory committee to ensure
that all projects are on task
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue inclusion of PA properties on fam tours for international travel
agents
• Continue promoting Palo Alto in new editorial content and in all
. appropriate editorial outreach and responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Modify SMCCVB and Destination Palo Alto website in keeping with the
research
• Additional benchmarks to be reported on, based on marketing plan
submitted Quarter One, Year Two
• Prepare and submit report of Destination PAiSMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Third Quarter
• Modify Destination Palo Alto website and calendars as needed, based
upon final research
• Hold meeting of Destination Palo Alto Advisory committee to ensure that
all projects are on task
• Conduct Destination Palo Alto Committee meeting to reflect on progress
to date and next steps
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
6
• Continue inclusion of PA properties on fam tours for international traver
. agents
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement
Activities for Fourth Quarter
• Conduct Destination Palo Alto Committee meeting to reflect on progress
to date and next steps
• Assist in crafting recommendations for ongoing' Destination Palo Alto
operations
• Add new activities to work plan
• Continue operation of visitor center, other activities initiated in prior
quarters
• Continue dissemination of meeting leads to Palo Alto properties
• Continue inclusion of PA area and properties in domestic meeting planner
fam tours
• Continue inclusion of PA properties on fam tours for international travel
agents
• Continue promoting Palo Alto in all appropriate editorial outreach and
responses
• Continue promoting individual Palo Alto locations to production companies
and filming scouts
• Prepare and submit report of Destination PAISMCCVB activities to City of
Palo Alto as specified in agreement (this will include Quarterly and Annual
Report with Milestones reported)
• Prepare final report with recommendations for Destination Palo Alto efforts
going. forward including information from DPA committee, stakeholders
and others
7
Exhibit B
Destination Palo Alto
Payment Schedule
FY 2008-20 10
Payments will be made according to the following schedule:
Payment 1
Payment 2
Payment 3
Payment 4
Payment 5
Total Payments
To SMCCVB
Payment 1
Payment 2
Payment 3
Payment 4
Total Payments
$30,000
$50,000
$45,000
$45,000
$45,000
Within 30 days of contract signing
Completion of First quarter
Following submission/approval of quarterly report
Completiol1 of Second quarter
Following submission/approval of quarterly report
Completion of Third quarter
Following submission/approval of quarterly report
Completion of Fourth quarter
Following submission/approval of quarterly
report and acceptance of annual report on
milestones
$215,000 Year One FY 2008-09
$60,000
$60,000
$60,000
$60,000
Completion of First quarter
Following submission/approval of quarterly report
Completion of Second quarter
Following submission/approval of quarterly report
Completion of Third quarter
Following submission/approval of quarterly report
Completion of Fourth quarter
Following submission/approval of quarterly report
and acceptance of annual report on milestones
including recommendations for Destination Palo
Alto
$240,000 Year Two FY 2009-10
r. '
EXHIBITC
INSURANCE REQIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE
CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW,
AFFORDED BY COMPANIES WITH A BEST'S KEY RATING OF A-:Vn, OR IDGHER, LICENSED OR AUTHORIZED TO
TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
A WARD IS CONTINGENT ON COfvfPLIANCE WITH CITY'S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
MINIMUM LIMITS
REQUIRED TYPE OF COVERAGE REQUIREMENT EACH
OCCURRENCE AGGREGATE
YES WORKER'S COMPENSATION STATUTORY
YES AUTOMOBILE LIABILITY STATUTORY
BODILY INJURY $1,000,000 $1,000,000
YES COMPREHENSIVE GENERAL
LIABILITY, INCLUDING PERSONAL PROPERTY DAMAGE $1,000,000 $1,000,000
INJUR Y, BROAD FORM PROPERTY
DAMAGE BLANKET CONTRACTUAL, BODILY INJUR Y & PROPERTY DAMAGE $1,000,000 $1,000,000
AND FIRE LEGAL LIABILITY COMBINED.
BODILY INJURY $1,000,000 $1,000,000
-EACH PERSON $1,000,000 $1,000,000
COMPREHENSIVE AUTOMOBILE -EACH OCCURRENCE $1,000,000 $1,000,000
YES LIABILITY, INCLUDING, OWNED,
HIRED, NON-OWNED PROPERTY DAMAGE $1,000,000 $1,000,000
BODIL Y INJURY AND PROPERTY DAMAGE, $1,000,000 $1,000,000
COMBINED
NO PROFESSIONAL LIABILITY,
INCLUDING, ERRORS AND
OMISSIONS, MALPRACTICE (WHEN
APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: PROPOSER, AT ITS SOLE COST AND EXPENSE,
.. ~, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY PROPOSER AND ITS
SUBCONSULTANS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY
AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS,
AND EMPLOYEES.
I. INSURANCE COVERAGE MUSTINCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN COVERAGE
OR OF COVERAGE CANCELLATION; AND
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR
CONfRACTOR'S AGREEMENT TO INDEMNIFY CITY -SEE SAMPLE AGREEMENT FOR SERVICES.
II. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVEMGE, OR COMPLETE THIS SECTION
AND IV THROUGH V, BELOW. ? \ ~ ~ S t ~ ,~~~ t,~: t~,~: J ~ ~S~\ .-
A NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE (NOT AGENT OR BROKER):
B. NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENTIBROKER :
C. POLICY NUMBER(S):
D. DEDUCTIBLE AMOUNT(S) (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY'S PRIOR
APPROVAL):
III. AWARD IS CONTINGENT ON COMPLIANCE WITII CITY'S INSURANCE REQUIREMENTS, AND PROPOSER'S
SUBMITTAL OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH THE REQUIREMENTS
SPECIFIED HEREIN.
IV. ENDORSEMENT PROVISIONS, WITH RESPECT TO TIm INSURANCE AFFORDED TO ~'ADDITIONAL INSURES"
A. PR.IMA-RY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED,
INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITII ANY OTImR INSURANCE CARRIED BY OR FOR mE BENEFIT OF TIm
ADDITIONAL INSURES.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSURES UNDER TIm
POLICY SHALL NOT, FOR mAT REASON ALONE, EXTINGUISH ANY RIGHTS OF TIm INSURED
AGAINST ANOmER, BUT THIS ENDORSEMENT, AND mE NAMING OF MUL TIPLE INSUREDS~ SHALL
NOT INCREASE mE TOTAL LIABILITY OF TIm COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF TIm POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER
THAN mE NON-PAYMENT OF PREMIUM, mE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
2. IF mE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR mE NON·PAYMENT OF
PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A TEN (10) DAY
WRITTEN NOTICE BEFORE mE EFFECTIVE DATE OF CANCELLATION.
V. PROPOSER CERTIFIES mAT PROPOSER'S INSURANCE COVERAGE MEETS mE ABOVE REQUIREMENTS:
THE INFORMATION HEREIN IS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. SIGNATURE(S) MUST BE
SAME SIGNATURE(S) AS APPEAR(S) ON SECTION n, ATTACHMENT A, PROPOSER'S INFORMATION FORM.
Firm:
Signature:
Name:
Signature:
Name:
NOTICES SHALL BE MAILED TO:
A. Workers Compensation: Employers Compensation Insurance Co.
255 California Street. Suite 300
San Francisco, CA 94111-4904
Property, General Liability, Auto: Great American Insurance Group
580 Walnut Street
Cincinnati, OH 45202
B. Johndrow, Leveroni, Vreeburg
845 Marshall Street
Redwood City, CA 94063
(650) 369-2921
C. Workers Compensation: FN 0322324 05
Property, General Liability, Auto: PAC 346-00-86
D. No deductibles on anything but property which has a deductible of $500.
EXHIBIT 0
Certification of Nondiscrimination
As suppliers of goods or services to the City of Palo Alto, the firm and individuals
listed below certify that they do not discriminate in employment of any person
because of race, skin color, gender, age, religion, disability, national origin,
ancestry, sexual orientation, housing status, marital status, familial status, weight
or height of such person; that they are in compliance with all Federal, State and
local directives and executive orders regarding nondiscrimination in employment.
1. If Proposer is INDIVIDUAL, sign here:
Date: ------
Proposer's Signature
Proposer's typed name and title
2. If Proposer is PARTNERSHIP or JOINT VENTURE, at least (2)
Partners or each of the Joint Venturers shall sign here:
Partnership or Joint Venture Name (type or print)
Date: ------
Date: ------
Member of the Partnership or Joint Venture
signature
Member of the Partnership or Joint Venture
signature
3. If Proposer is a CORPORATION, the duly authorized officer(s) shall
sign as follows:
The undersigned certify that they are respectively:
""""'--,-------and
Title
Of the corporation named below; that they are designated to sign the
Proposal Cost Form by resolution (attach a certified copy, with corporate seal,
if applicable, notarized as to its authenticity or Secretary's certificate of
authorization) for and on behalf of the below named CORPORATION, and
that they are authorized to execute same for and on behalf of said
CORPORATION.
50..'" fY\a.-tto (~~ 6v\V[.I"!'Tr/M t1 Vis;tocs 'B.urLtLU'
\!'
Corporation Name (type or print)
Title: Prt.$I"~m~1'" ¢ CLV
By: G,\r\..(.. AU.hAt'l4l~ ~ .f2-e.=---'l~l" oJ
Date:
Title: ",Gte. Pres (~ot i r.":$DO
San Mateo County Convention & Visitors Bureau
Board of Directors Meeting Minutes
Hiller Aviation Museum
June 16, 2005
LeClair presented the benefits to the entire county and Palo Alto of including' Palo Alto in
the San Mateo County BID. Following her presentation, Lewin noted that it was a good
idea and made a motion to move forward with the action steps presented; seconded by
Moore and approved by all.
San Mateo County Convention & Visitors Bureau
Board of Directors Meeting Minutes
Westin Hotel, Millbrae
August 18, 2005
The Executive Committee recommends that we proceed by offering the services to all
properties in Palo Alto. Motion by Carlton to move forward with the Executive
Committee recommendation, second by Lewin, approved by all.
ATTACHMENT D
111 Anza Boulevard. Suite 410. Burlingame. CA 94010
650-348-7600 • 1-800-288-4748
Fax 650-348-7687
info@sanmateocountycvb.com • www.visitsanmateocounty.com
Destination Palo Alto
Third Quarter Report
Submitted to the City of Palo Alto by
The San Mateo County/Silicon Valley Convention & Visitors Bureau
July 10, 2009
Meeting leads -generated (April-June): 93, with a total of 43,800 potential room nights and a
potential econon1ic impact of $13,624,131.
Definite meetings/events booked: 46, for a total of 61,655 room nights and an economic impact
of $30,518,870.
Of particular note with regard to booked events was the securing of the first U. S. (and second
ever) China-US Green Energy Forum which will be held in October at the Crowne Cabana
Hotel. This event will not only bring business to Palo Alto, but will showcase Palo Alto and its
green efforts and successes worldwide. The Mayor will speak at the event and City departments
will also be incorporated into the forum.
Familiarization tours (Tours of the area with meeting planners and others to familiarize them
with the area, its hotels and things to do.)
The CVB hosted meeting planners from Washington, DC and the Midwest on a F AM trip of the
area in May. The planners' meetings range from legal to medical to religious meetings and range
in size from 10 people to 250. All book multiple meetings every year. Using conservative
estimates, the potential economic impact of their meetings, alone, could be as great as
$2,266,176. (Additional meeting planner fams taking place July, August and September.)
In April, the Bureau hosted our annual media fly-in familiarization tour for travel writers.
Among the publications/websites for which they writelbroadcast: US Airways and Alaska
Airlines magazines; Frommer)s California; Up! Magazine; Entrepreneur Magazine travel
guides; Restaurant) Food and Travel Show; The Travel Planners Show; Travel'n On Radio)·
Around the World Travel)· Let's Travel Radio; about.com, SwissMade Magazine;
www.52perfectdays.com;divorce360.comandTheAntiTourist.This year's focus was arts and
culture and included trips to Cantor Center for the Arts and The Gamble Gardens. Their media
kits all included multiple pieces of editorial which included things to do and see in Palo Alto.
All responses to media requests and proactive pitches of stories to the media have included Palo
Alto.
Packages created
Special "Extend your stay" pdfs were created for the major events coming to town, including the
Senior Games, Grad Weekend and Admit Weekend. These pdfs go out in advance of events to
attendees in order to entice them to book a longer stay in advance. These have also been shared
with the Stanford Visitor Center.
In June, a request was sent for, and responding Palo Alto properties included in special
packages/discounts for the military. These packages will be sent by the end of July to military
travel sites and publications, including one done by a syndicated military newspaper columnist
with readership of over half a million. (She has launched a new website and requested these
packages.)
In May, Palo Alto properties were asked for special offers for distribution to our CTTC
(California Travel and Tourism Commission) office in Germany for inclusion in Wetter. com
promo in Germany, Austria and Switzerland. Wetter.com is one of the largest weather forecast
websites in Germany with an average of 4.2 million unique users per month (as of Apr-June,
2009). The editorial ideas we sent in will be used by CTTC as part of their promotion of
California vacations.
Number of visitors to DPA website
The new Destination Palo Alto web site has seen an exponential increase in the number of hits
and page views since its redesign. The new Destination Palo site statistics are below:
DESTINATION PALO ALTO
WEB STATISTICS
Jan-Feb-Mar-Apr-May-Jun-
09 09 09 09 09 09
Unique
Visitors 472 485 363 nla 1532 1963
Page
Views 791 648 477 nla 5870 7727
Note: April stats unavailable due to transition to new website.
Palo Alto Media Coverage
April-June
Advertisements featuring Palo Alto (Readership in parentheses): Meetings West magazine and web
site (47,600 meeting planners), Smart Meetings (42,166 meeting planners), Group Tour Magazine
(15,000 tour operators), ASAE Associations Now (46,000), RCM (7,500 religious meeting planners),
Small Market Meetings (9,000 meeting planners), NTA-Courier (30,000 tour operators), and the MPI
Kansas City Annual Membership Directory (19,000).
Editorial featuring Palo Alto:
• "Northern California Coastal", Meetings West Magazine June 2009 edition, Marlene Goldman
(Readership: 26,000 meeting planners) Special Note: An interview was just conducted for a
feature on the City of Palo Alto in an upcoming issue.
• "Destination Guide: San Francisco Bay Area" Smart Meetings, April 2009
http://smartmeetings.comldestinations/meetin-on-the-dock-of the-bay (42,166 meeting
planners)
• "Exciting Things to See and Do in San Mateo and Palo Alto, CA," Jason Rich Travel blog, April
27, 2009, http://jasonrichtravel.blogspot.com/2009/04/things-to-see-and-do-in-san-mateo
palo.html
In June, the San Mateo County Film Commission assisted a film maker who wanted to organize
shooting an Interchannel piece for the "Disney Channel", called "United Front". He successfully
shot at Stanford University, working with the athletic department and the Junior Water Polo
Association.
International fam tour updates: A group of top travel agents from Mexico were given a
whirlwind tour of the area and information on Palo Alto. Additional international famswill
occur over the next three months. At the international tour operator show, POWWOW, in May,
we had a tremendous response to advance appointment requests with tour operators. This was
due, in large part, to promotion of our representation of the Palo Also area. As a result, we were
able to introduce Palo Alto and Stanford University to tour operators and media for the first time
there.
Report on average daily spending by overnight visitors to Palo Alto: Because research
surveys are coming in extremely slowly from the participating Palo Alto area hotels and Visitor
Center, no true picture can be given at this point about average daily spending by visitors to Palo
Alto. Survey collection has been extended and Senior Games participants will be surveyed
following that August event, so we should have a fairly accurate figure on visitor spending by
the next report. The Destination Palo Alto Committee continues to brainstorm ways to improve
the rate of survey collection.
Miscellaneous Activities for Quarter Three:
• Highlighted Palo Alto at event we hosted for meeting planners in Chicago in June;
• The operation of the visitor center was continued and number of visitors is growing.
Currently, the center assists approximately 30 walk-in visitors per week, plus several
others by phone each day. (When the signage is installed in mid-July, those numbers are
expected to grow considerably.) One of those "stop-ins" resulted in the booking of Palo
Alto hotel rooms for a religious conference;
• Staffed a Destination Palo Alto table during Admit Weekend, disseminating coupons for
local establishments and assisting visitors with their needs;
• Provided special pdf to camp operators, encouraging parents to stay in the area while the
kids are at camp;
• Broadened annual photo contest, specifically requesting shots of Palo Alto in our desired
shots;
• Began contacting Stanford department chairs to determine individual possible
conferences/symposia that could be targeted for the area and began targeting those
meetings;
• Continued dissemination of meeting leads to Palo Alto properties;
• Continued meeting planner site visits to Palo Alto properties;
• Continued promoting individual Palo Alto locations to production companies and filming
scouts;
• Continued our regular "hot rates/dates" eblast~ which includes Palo Alto properties, to
planners as well as the listing of these hot dates on our website. (Palo Alto properties are
also able to list on cvbhotrates.com, thanks to our paid participation.)
• Continued Quarterly Destination Palo Alto meetings and Hospitality Committee meetings
to ensure all key groups are working together to promote major events and disseminate
information.
Overall
The City of Palo Alto has continued to benefit from broad exposure to meeting planners,
individual travelers and the media in the recent (third) quarter. Definite bookings are beginning
to materialize from the first months of participation.
While outreach to meeting planners and tour operators continued, strong efforts were made to
ramp up the Shop Palo Alto efforts aimed at groups. Over 75 discounts have been gathered from
stores and restaurants for groups coming to Palo Alto.
The new Destination Palo Alto brochure was published in time for distribution at Admit
Weekend. (Visitor Center team menlbers stuffed the bags for Admit Weekend with the
discounts and new Destination Palo Alto brochures and were on campus offering help
throughout the days of the event.)
The discounts were also given to, and used by, the Stanford Alumni team for their use during
grad weekend and the dining portion of the discounts was distributed by Stanford for its alumni
events. (Participating businesses were given decals to post in their windows
With regard to the Senior Games, three booths-two information booths and a City of Palo Alto
booth-will be staffed by Visitor Center and San Mateo County/Silicon Valley CVB employees
for the entire 16 days. Local discounts and new, customized Destination Palo Alto brochures
will be distributed and attendees assisted on site.
As mentioned above, the only challenge we have had is in the research area. We have had a very
low nurnber of responses fronl hotel guests.
Please Note: City Staff has been provided with:
• (Booking) Pace Report with comparison to prior year (T = Tentative lead; D =
Definite booking); and
• Hotel occupancy comparison with TOT comparison (by month, year)
Attachment: Activities for Quarter Three-Benchmarks
Confidential
• Four of the meetings booked between April and June were booked by Palo Alto
properties, for a total of 4433 rooms. As mentioned previously, the lead time between
dissemination of a lead and the actual booking can be months or even a year or more.
• PACE Report with comparison to prior year
• Hotel occupancy comparison with TOT comparison (by month, year)
September 17, 2009
Palo Alto City Council
Palo Alto City Hall
250 Hamilton Ave.
Palo Alto, CA 94301
Dear Mayor Drekmeier and Council Members:
ATTACHMENTE
As Chair of the Palo Alto Chamber and an active member of the Midtown Merchants'
Association, I'd like to go on record in support of your continuation into year two of the
Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention &
Visitors Bureau.
I have seen the benefits of the program through collection and dissemination of restaurant
and merchant discounts, assistance with visitors within the Palo Alto Chamber of
Commerce, sharing of information among groups at Destination Palo Alto's regular
meetings, and the excellent new DP A website and visitor collateral. Groups are now
coordinating with each other, communicating with each other and working to put Palo
Alto "on the map".
As part of the Destination Palo Alto Committee, I have heard first-hand of the write-ups
Palo Alto has received and the exposure our city has been given with media and meeting
planners. I encourage you to stick with the plan and help all of our businesses in Palo
Alto through promoting our city.
As always, thank you for considering the Chamber's views and my own.
Sincerely,
6uLu1tt.C~
Carla Cumpston
CC: Pau1a Sandas
Bill Johnson
Anne LeClair
Susan Barnes
September 17, 2009
Palo Alto City Council
250 Hamilton Ave.
Palo Alto, CA 94301
Dear Mayor Drekmeier and Members of the Council:
Page 20f2
Our Chamber, one of the three partners in the Destination Palo Alto contract, heartily supports
continuation of year two of the agreement. We have seen great success with the new Destination Palo
Alto web site and collateral, discount programs, visitor services within our office and on campus, as
needed. Multiple business, merchant, hotel, university, and city representatives regularly attend the
meetings of the newly revitalized Destination Palo Alto group and all have learned to share information
and promote each other's events.
Most importantly, our area has been shown to key meeting planners and sporting event planners, as well
as travel writers and travel agents-all great exposure for our area. We have been given some great
"ink" in travel publications as a result of the program, as well.
I have watched the visitor center team here work long and hard to persevere in securing restaurant and
merchant discounts and the results have been excellent. Groups now have discounts to make them feel
welcome and participating merchants and restaurants have a decal to show their participation in the
program.
The one-on-one assistance provided at the Senior Ganles by the DP A team definitely kept people in our
area, maximizing their time and spending in Palo Alto. Their advance piece encouraging the athletes to
extend their stays was another key part of this. .
Our chamber urges you to vote to continue the program, as planned. Thank you.
Sincerely,
Paula Sandas
I
CC: Carla Cumpston
Bill Johnson
Anne LeClair
Susan Barnes
Paula Sand as
CEQ/President
Palo Alto Chamber of Commerce
122 Hamilton Avenue
Palo Alto, CA 94301
650-324-3121 ext. 125
Fax: 650-324-1215
www.paloaltochamber.com
10/28/2009
September 15, 2009
Palo Alto City Council
Palo Alto City Hall
2qO Hamilton Ave.
Palo Alto, CA 94301
VINCCl HOTELES
Dear Mayor Drekmeier and Members of the City Council:
09 SEP I 7 ~J~ 10: I 9
I am writing you to urge your continuation of the second year of the Destination
Palo Alto contract with the San Mateo County/Silicon Valley Convention &
Visitors Bureau. During today's tough times, Palo Alto's hotel community needs
the program more than ever.
The Garden Court has benefited from exposure to meeting planners on fam tours
and from articles in meeting publications. We have also had representation at
, approximately 50 trade shows around the U.S. that we would not have had. In
addition, we have had international travel and booking agents here from all over
the world, exponentially increasing the number of people who know about Palo
Alto.
As an active member of the downtown PAd/BID, I am also very pleased with the
boost our downtown businesses have been given by Destination PA. Through
the discounts program and coordinated calendar of events and write-ups in travel
and meeting planner publications, the story of our downtown "is being told and
told well.
I hope we may count on you to authorize the program's second year. Thank you.
Sincerely,
~jmv-
Barbara Gross
General Manager
520 CO\,(IPER STREET. DOWNTOWN PALO ALTO , CALIFORNIA 9430I • TEL 65°.322.9°00 / 800.824.9°28 • FAX 65°.324.36°9 • WWW.GARDENCOURT.COM
ELIZABETH
GAMBLE
GARDEN
September 16,2009
Palo Alto City Council
City Hall
250 Hamilton Ave.
Palo Alto, CA 94301
Dear City Council:
Oq srp ? I .rHJ q. r. Ct
•• ' ~,.l ,. l !'It I .,. t.t u
As someone intimately involved with Elizabeth Gamble Garden, I want to tell you
what a difference the Destination Palo Alto contract has made in our marketing
efforts. Within a week or two of the contract signing last October, we had a
meeting with the San Mateo County/Silicon Valley Convention & Visitors Bureau
in their role as part of Destination Palo Alto.
We received enthusiastic support of Gamble Garden, tremendous outreach for our
annual garden tour through the Bureau's calendar of events, Destination Palo
Alto's calendar of events and communication from Destination P A Committee
members to their constituents, guests and customers. Our tour information was
promoted in both the Palo Alto Visitor Center and the Bureau office"and the
event touted in e-bulletins to prospective visitors and area residents.
" .. ; ....
In addition, the Bureau built its annual travel media fly .. in dates around?~~p~l~:,;;'!('i':'
garden tour weekend, to al~()~ us to show key writers what ,we have tOJ).ffer"::'~Ii;;:~~:·,': ,
was a big success. Fr01l1.a.:~~rsonalStandpoint, I also saw the Bureau and Palo.,
Alto Visitor Center sUlff ~Qrlilitg hard to promote things to do and see in our area
while working info bo9t~;,at;there~entSeniot Games. .
I urge you to authorizeJhe~cond yeargftheDestination Palo Altp .contract.
Thank you for your tinleandconsideration.
Sincerely,
~~k
Co .. Chair 2009, GG SpringGarden Tour
Cc: Anne LeClair
Palo Alto Economic DevelPPlll:ent Department .
1431 WAVERLEY STREET PALO ALTO CA 94301-3
650-329-1356 FAX 650-329-1688 www.gamblega
Sheraton Palo Alto Hotel
625 EI Camino Real
Palo Alto, California 94301
September 14, 2009
Palo Alto City Council
City of Palo Alto
250 Hamilton Ave.
Palo Alto, CA 94301
Dear Mayor Dreknleier and Members of the Council:
Received
SEP 2 3 2009
Department of Planning
& Community Environment
In my role overseeing the Westin Palo Alto and Sheraton Palo Alto, I would like to go on '
record expressing our strong support of authorization of year two of the two-year
Destination Palo Alto contract with the San Mateo County/Silicon Valley Convention &
Visitors Bureau. The Bureau has given our properties and others here a reach we would
never have had without their services.
These have ranged from bringing in multiple familiarization tours to securing stories in
the group meetings media to supplying meeting and tour and travel leads we would never
have received. We have also had the opportunity to send out our "hot rates" and need
dates to numerous meeting planners, and have been able to bid on crew room nights for
various film productions.
In addition, we have been very pleased with the local Destination Palo Alto angle, from
coordination with the Palo Alto Weekly and the Chamber to holding regular meetings of
the local hospitality community. '
We urge you to renew the contract for its second year. Thank you for considering 'my
views.
Cc: Susan Barnes
Anne LeClair
T 650328 2800
F 650327 7362
sheratoncom/paloal to
/
-"·---OCT.15.2009-1:39PM-'PREMIER PROPERTIES
FAX COVER SHEET
TO: Susan Barnes, City of Palo Alto Economic Development
FAX: 650-325-5025
From: Lisa Van Dusen
Re: Oestination Palo Alto -letter for City Council
Date: 10.15.09
Susan:
NO. 427
I am attaching a letter addressed to Mayor . Drekmeler and the CIty Counoil in
support of Destination Palo Alto which, I am hoping you can distribute as
appropriate. I understand that the Council is reviewing DPA at an upcoming
Council meeting.
Please let me know if you have any questions or concerns at 650-799-8883 or
Ivandusen@4kelley .. comk
Many thanks and I send my best regards,
Lisa
p, 1
'~-'H--·+OCT.15. 2009-1:39PM-PREMIER PROPERTIES
October 15, 2009
Lisa C. Van Cusen
1111 Greenwobd Avenue
Palo Alto, CA'94301
650-7.98-3883
NO. 427
The Honorable Peter Drekmeier and members of the Palo Alto City Council
The City of Palo Alto
250 Hamifton Avenue
Palo Alto, CA 94301
Dear Mayor Drekmeler and City Council members:
P. 2
As you review the past year's performance of DestInation Palo Alto, I offer a few
thoughts to consider as you look forward to the next year of the program. While I
was directly involved in the development of Destination Palo Alto, as director of
Pato Alto Online through 2008, my current perspective is that of a resident and
someone who works downtown in an organization not specifically related to CPA.
1. Destination Palo Alto Is consistent with the City Council's stated
goal$ of:
-Economic Health of the City: Destination Palo Alto seeks to generate
visitors who will contribute in a variety of ways to the economic vitality
of the city.
-Civic Engagement for the Commo". Good: DPA involves a wide
variety of citizens, busih~Sse$, non-local events and more.
I
I
-Environmental Protection: Palo Altb is hosting a major green tech
event in October (U.S-China Green ~nergy Conference) secured by
DPA/Convention and San Mateo coyntylSilicon Valley Convention and
Visitors Bureau. I·
2.. The metrics/activity trends are up: ,
I
-Room nights booked are up (The up~ming US-China Green Energy
Conference was booked through DPjA and an example of increasing
room nights while aligning with the Oity~s goal of being a center of
Clean Tech). I
-Traffic on the new and Improved website is up
-Events in the pipeline are up (i.e. th~ Convention and Visitors Bureau
has hosted numerous "familiarlzatiop tours" for events In Palo Alto that
I
I
I
I
!
I
: (
'OCT. 15. 2009-1: 40 PM PREMIER PROPERTIES . /
I
I
I
I
I
NO. 427
would result in bookings "and the rel~teb spending in the area (the
average spent per person per day is $290 with an average split of
500/0/500/0 lodging/non-lodging. More t~an 9100 room nights have
" already been booked through Destinatlon Palo Alto.
I
3. The personal focus make a difference:
P. 3
-Having a person in the Chamber office and, when there are big events
such as the Se"nior Games, on site, makes a real difference in keeping
visitors within Palo Alto during their stay. A trained professional with a
focus on directing visitors to options (dining, entertainment etc.) within
Palo Alto can have a significant impact on dollars spent in Palo Alto vs.
in neighboring communlt.ies.
In summary, I urge you to support the renewal of Destination Palo Alto contract
with the San Mateo County/Silicon Valley Convention and Visitors Bureau. They
are professional, focused and on a positive traje~ory.
Sincerely,
t1~~'0V~
Lisa Van Dusen
STANFORD
TERRACE
In III INN III III
September 28, 2009
Palo Alto City Council
City of Palo Alto
c/o Susan Barnes
250 Hamilton Ave.
Palo Alto, CA 94301
Dear Mayor Drekmeier and City Council Members:
Since your approval of the Destination Palo Alto contract a year ago, I
have watched the promotional activities of Destination Palo Alto and
the San Mateo County/Silicon Valley Convention & Visitors Bureau with
great interest. I have attended the Destination PA Committee
meetings and watched the communication greatly improve among
groups in Palo Alto. The new web site and calendar of events have
taken shape and now include all.
In addition, our property has received multiple meeting, tour and
travel and film leads from the Bureau and we have made some
bookings as a result. We would like to see the program continue and
urge you to support the hospitality industry by voting in favor of
continuing the second year of the Destination PA contract.
Thank you for your consideration.
Sincerely, ,/.)
!lmu:e ~lY ___
Bruce Pressman
Director of Sales
Stanford Terrace Inn
Cc: Anne LeClair
531 Stanford Avenue
Palo Alto, CA 94306
65 0 857-0 333
stanfordterraceinn.com
From: sherry bijan [mailto:sherry.bidmanagement@gmail.com]
Sent: Monday, October 26, 2009 1:24 PM
To: Council, City; Clerk, City
Subject: Destination Palo Alto
October 26, 2009
Palo Alto City Council
Palo Alto City Hall
250 Hamilton Ave.
Palo Alto, CA 94301
Dear Mayor Drekmeier and Council Members:
As the President of the Palo Alto Downtown Business and Professional Association, I'd like to go on
record in support of your continuation into year two of the Destination Palo Alto contract with the San
Mateo County/Silicon Valley Convention & Visitors Bureau.
We need the services provided by Destination Palo Alto more than ever in these difficlJlt times. The
creation of downtown restaurant and store discount lists has been very well received. Having visitors
directed downtown by the visitor center staff within the Palo Alto Chamberis very helpful, as is getting
event information out through the Destination Palo Alto Committee and the new DPA ,website. The
hotel guests (and fam tour participants) brought to the area definitely help our businesses weather these
times.
Our city and downtown are being given great exposure with travel media and meeting planners, to the
benefit of all.
I encourage you to continue with the two-year contract to help all of our businesses in Palo Alto by
promoting our city.
Thank you for your consideration.
Sincerely,
Sherry Bijan
President
PAd Business & Professional Assoc.
BID Management
www.paloaltodowntown.com
721 Emerson Street, PAlto, CA 94301
650-223-4334
sherry.BIDmanagement@gmail.com
CC: Paula Sandas
Anne LeClair
Susan Barnes