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HomeMy WebLinkAbout2014-03-11; City Council; 21519; Approval Agreement Strategic ADivsory Group Tourism Consulting ServicesCITY OF CARLSBAD - AGENDA BILL 1 AB# 21,519 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STRATEGIC ADVISORY GROUP FOR TOURISM CONSULTING SERVICES DEPT.DIRECTOR . MTG. 3/11/14 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STRATEGIC ADVISORY GROUP FOR TOURISM CONSULTING SERVICES CITY ATTORNEY ' Jf^ ^ DEPT. CED APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH STRATEGIC ADVISORY GROUP FOR TOURISM CONSULTING SERVICES CITY MANAGER / RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 2014-035 to approve the professional services agreement with Strategic Advisory Group for tourism consulting services in an amount not to exceed $86,250 and authorizing the Administrative Services Director to appropriate and distribute said funds. ITEM EXPLANATION: On August 20, 2013, City Council approved issuing a Request for Proposal (RFP) for tourism consulting services to analyze the tourism market in Carlsbad, including the reasons behind seasonal swings in occupancy. City staff released the RFP and met with the Carlsbad Tourism Business Improvement District (CTBID) regarding partnering on this effort. At their December 4, 2013 board meeting the CTBID voted to reimburse the city for half of the cost of study. The RFP solicited in-depth, technical expertise to better understand how Carlsbad's tourism industry compares with similar destination cities, analyze occupancy rates by room type, tourism marketing spending return on investment and other relevant data, and provide strategic recommendations to improve Carlsbad's existing tourism industry. Ten (10) proposals were received and ranked by a selection committee that included three CTBID board members and four city staff with economic development and/or tourism experience. Proposals were evaluated based on proposed services and methodology, overall response to request, price, related experience of the firm and project team and client reference information. Based on best value criteria the selection committee chose Strategic Advisory Group as the consultant to lead this effort. Their team has extensive experience In helping both municipalities and tourism organizations create strategic action plans and identify opportunities in the tourism market. The tourism industry is a strong economic driver in the City of Carlsbad. Transient Occupancy Taxes (TOT) provide 12 percent of the city's general fund revenue, in addition to sales and property tax revenue generated by the industry. Carlsbad attracts more than 3.5 million visitors each year, and there are over 1,500 businesses that serve these visitors, providing jobs for over 11,000 employees. Occupancy rates in Carlsbad are extremely variable over the course of a year, with occupancies above 80 percent in the peak summer months and falling to below 50 percent during the winter. Given Carlsbad's year-round good weather and attractions such as the beach, LEGOLAND California, golf courses, and great shopping options, we have the opportunity to improve our occupancy rates in the off-season. DEPARTMENT CONTACT: Christina Vincent, 760-602-2712, christina.vincent@carlsbadca.Eov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 The scope of services will include the following tasks: • Perform a comprehensive economic analysts of Carlsbad's tourism industry • Conduct a comparative analysis of Carlsbad's tourism industry and other similar destinations • Conduct a review of Carlsbad's tourism assets • Recommend actions and strategy to improve and prepare for future opportunities. This agreement includes project deliverables, timelines and milestones including periodic reporting and presentations to the project team. It provides for a one year term. FISCAL IMPACT: Strategic Advisory Group and the city have negotiated a budget not to exceed $86,250 to perform the consulting services outlined in the Professional Services Agreement. This amount includes $75,000 for consulting services and $11,250 for reimbursable expenses (travel, etc.). The CTBID has voted to fund half of the study, and will reimburse the city up to $43,125. Economic Development staff would manage the project on behalf of the city. Staff recommends that the funds for this comprehensive tourism study come from the City Council Contingency Fund. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Resolution No. 2014-035 2. Professional Services Agreement with Strategic Advisory Group. EXHIBIT 1 1 RESOLUTION NO. 2014-035 24 25 26 27 28 WHEREAS, the City Council has established a strategic goal of.business retention 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH STRATEGIC ADVISORY GROUP AND AUTHORIZING THE 4 ADMINISTRATIVE SERVICES DIRECTOR TO APPROPRIATE AND DISTRIBUTE FUNDS. 5 " 6 y and expansion and the tourism industry is a major economic driver in the city providing more than 12 percent of the city's general fund revenue in addition to the sales and property tax ^ generated bythe industry; and WHEREAS, in partnership with the city's hotel properties, both the city and the Carlsbad Tourism Business Improvement District recognize the need for a comprehensive review of the tourism industry and have collaborated to split the total.cost of the said tourism 10 11 12 13 14 study; and 15 WHEREAS, the city requires technical and in-depth expertise in tourism profiling, comparative market analysis, and a strategic action plan to successfully address low annual 17 occupancy rates in the winter months and recommendations to, improve future opportunities; l: and 19 2Q WHEREAS, a request for proposals for professional services was issued in August 21 2013 and on October 21, 2013 a total often (10) proposals were received; and 22 WHEREAS, the city's goal to retain and grow existing businesses in partnership 23 with the Tourism Business Improvement District, with three Board members participating on the selection committee, rated Strategic Advisory Group as the top professional services provider for the tourism consulting services because they were considered most experienced. 3 1 had the greatest analytical capacity to complete the work and presented an approach that best addressed city's goals and objectives. 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 4 California, as follows that: 5 . 1. The above recitations are true and correct. 0 7 2. That the professional services agreement with Strategic Advisory Group is hereby approved. 3. That the City Manager is hereby authorized and directed to execute the professional services agreement with Strategic Advisory Group for said tourism consulting 16 17 18 19 20 services. 9 10 11 12 j-^ 4. That the Administrative Services Director is hereby authorized to 14 appropriate $86,250 from council contingency and distribute said funds to community and 15 economic development, for payment to vendor and contract administration as set forth within the professional services agreement. 5. That the Carlsbad Tourism Business Improvement District will reimburse the council contingency fund for 50% of all funds expended for paid tourism consulting services. /// 21 /// 22 /// 23 24 25 26 27 /// 28 /// /// /// -2-4 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11^^ day of March, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood and Blackburn. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL, Mayor ATTEST: SHELLEY COLLINS, Assistant City Clerk (SEAL) %7 • '.v^"" AGREEMENT FOR CITY OF CARLSBAD TOURISM INDUSTRY STUDY STRATEGIC ADVISORY GROUP THIS AGREEMENT is made and entered into as of the day of 2014, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Strategic Advisory Group, a limited liability company ("Contractor"), RECITALS A. City requires the professional services of a research consultant that is experienced in conducting in depth, comprehensive analysis and strategic action plan of the tourism industry. B. Contractor has the necessary experience in providing professional services and advice related to tourism and action plan development and implementation. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for an additional one-year period or parts thereof in an amount not to exceed seventy five thousand dollars ($75,000) for professional fees. In addition, up to eleven thousand two hundred and fifty dollars ($11,250) for reimbursable expenses (travel, etc) for a total contract maximum of eighty six thousand two hundred and fifty dollars ($86,250) per year, or as prorated for a lesser agreement period. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a wntten amendment indicating the effective date and length ofthe extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5 COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be eighty six thousand two hundred and fifty dollars ($86,250). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 1/30/13 6P 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers* compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement, At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval df City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE ^ ^ Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractors agents representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California,^ me insurance carrier is required to have a current Best's Key Rating of not less than A-:Vll UK City Attorney Approved Version 1/30/13 7 with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabilitv Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the generai aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liabilitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. tv's in I I If box is checked. Professional Liability City's ir^itials Contractor's Initials Insurance requirement is waived. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10 2 3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10 3 Providino Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10 4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to City Attorney Approved Version 1 /30/13 maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name ofthe persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Christina Vincent Name Dan Fenton , Title Economic Development Mgr. Title Principal Department CED Address 3848 Saint Annes Court City of Carlsbad Duluth, Georgia 30096 Address 1635 Faraday Ave. Phone No. 831-298-7215 Carlsbad, CA 92008 Email dan@strategicadvisorygroup.net Phone No. 760-602-2712 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City Attorney Approved Version 1/30/13 Contractor shall file a Conflict of Interest .Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements ofthe Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance ofthe Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the, resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 1/30/13 0 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee. gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seg.. the False Claims Act applies to this Agreement and,, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego. State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT , , ^ u , This Agreement together with any other written document referred to or contemplated by it. along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of'its provisions may be amended, modified, waived or discharged except in a wntmg signed by both parties. 26. AUTHORITY ^ . ^ . ... , The individuals executing this Agreement and the instruments referenced in it on behalf ot Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 1/30/13 CONTRACTOR Strategic Advi CITY OF CARLSBAD, a municipal corporation of the State of California n<athy Dodson; Interim City Manager Dan Fenton, Principal (print name/title) ATTEST: By: (sign here) BARBARA LESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIAA. BREWER, City Attorney BY: A/sistant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES TASK 1: Analysis Immersion SAG will take a deep dive into the market surrounding Carlsbad in order to conduct research and analyze the environment. The tourism landscape in Carlsbad will be the key focus of the analysis. SAG will look outside the traditional research points in order to serve the City with the best information. SAG will conduct external comparison research and analysis as well as internal Carlsbad-focused research, which will ultimately contribute to the Strategic Action Plan and recommendations for the City. SAG will review all relevant past research studies and marketing plans in the immersion phase. Community Outreach SAG will get involved with the community and stakeholders' from Carlsbad immediately to become entrenched in the hospitality and tourism space in the City. SAG takes great pride in working with the community and is committed to being a part of this process with the people who the work will ultimately affect. SAG will meet and talk to any and all parties from Carlsbad who have a vested interest in the Tourism Industry Study. The SAG team will measure the brand recognition in the regional Carlsbad area and will make brand awareness an integral part of the tourism analysis for the final report to the Carlsbad City Council. SAG will take a full spectrum approach to this Tourism Industry Study for the City of Carlsbad. External Analysis and Benchmarking Creating a viable comparison set will be the foundation for thoroughly evaluating the City of Carlsbad's impact on tourism and the best recommendations to improve the City's standing in the tourism and hospitality landscape. SAG will research similar destinations in California and will work with the City to determine the key competitive set. As described the City of Carlsbad is competing with cities such as San Diego, Santa Monica, Santa Barbara, Anaheim. SAG will look above and beyond these suggested cities to find additional comparisons for evaluation. Criteria evaluated with the City of Carlsbad will drive this additional research and analysis. SAG will investigate the avenues through which these cities channel their tourism dollars and other resources and how those investments have benefitted such destinations. The comparison analysis that SAG will conduct on behalf of the City of Carlsbad will also include the following components: 1. Hotel occupancy rate and TOT Revenue 2. Number of hotel rooms by category per visitor and TOT revenue 3. Tourism marketing spending by category 4. Return on investment in tourism marketing spending 5. Market segmentation 6. Room rate by type SAG will look at more than just what the comparable cities have to offer, but also how they are pacing in terms of dollars spent and ROI, the ADR and average occupied rooms per season as well as annually SAG will also review tourism funding approaches in the competitive destinations as well as review the current practices in creating new tourism funding sources. The cities that SAG would compare would give valuable insight to their approach in how they are retaining such numbers. Using the information gathered SAG will also explore how the comparable cities are leveraging their assets in a way that makes them more attractive. That information will be a key factor in the Strategic Action Plan. City Attorney Approved Version 1 /30/13 Internal Tourism Analysis SAG's analysis of the City of Carlsbad and its presence in the tourism industry will help the City adjust for new opportunities and prepare to best capture those opportunities. SAG's research in this component will provide an important foundation for the development of the City's future approach. This drill down will include analysis of how the City utilizes its assets i.e. the large percentage of public lands for hiking and other recreational purposes. How the City positions itself as a destination and which of its events drive business to the bottom line of the tourism industry. SAG will provide the analysis to prescribe the next steps for Carlsbad when it comes to visitors and spending. Along with these additional points of focus for SAG's research, the firm will evaluate the following criteria: 1. Analysis of potential increases in occupancy, TOT and revenue 2. Potential return on investment of tourism marketing spending 3. Segmentation analysis - spending and stay duration by segment 4. Hotel mix analysis - by property type 5. Qualitative report on successful marketing programs of destination cities in California 6. Organizational analysis of Carlsbad's tourism funding structure with comparative report on other organizational examples and performance metrics. Analysis will include revenue streams that fund tourism as well as tourism expenditures. SAG's research will breakdown the industry in order to formulate a baseline for the City's expenditure versus its ability to convert. SAG will focus on areas that arise out of the research and how Carlsbad's internal structure within tourism can be improved. SAG will also work with the City of Carlsbad to determine the best approach for validating the target leisure markets that will produce the highest return in the future. SAG will conduct a PRIZM study as well as a visitor profile study to validate the demographics and characteristics of the markets that should be the highest priorities in the future. SAG will focus on the opportunities Carlsbad is currently using as a tourism platform and how those events are trending. Events such as the annual marathon, triathlon, Legoland events and holiday celebrations will all be a focus of SAG's analysis. The results which emerge from studying those events and how they are positioned to attract, retain visitors and ultimately how those visitors spend their money in the City will be a driving force behind the Strategic Action Plan. Complimentary to the internal research of Carlsbad and the expenditures of the City focused on tourism, SAG will analyze successful marketing programs of other destination cities and report to Carlsbad on how that operation functions as a tool for hospitality and tourism industries. The marketing campaigns of other destinations will be important to review because the messaging of the destinations are key in consumer selection. TASK 2: Strategic Action Plan Based on the research and analysis ofthe comparison destinations and the intemal review of Carlsbad's hospitality and tourism operation SAG will prepare a Strategic Action Plan for the City The Strategic Action Plan will focus on areas of opportunities and potential growth markets for the City of Carisbad to concentrate its attention. SAG will provide recommendations for the Carlsbad based on the previous analysis in order to bolster the City's performance as a destination city in California. The SAG team will include avenues of funding and additional areas of revenue for the City of Carlsbad to draw from for the hospitality and tourism industry. SAG's focus on improving City Attorney Approved Version 1/30/13 Carlsbad's performance in the tourism rharketplace will provide the City with insight into financial tactics. SAG will create a Strategic Action Plan to bring measureable results to the City of Carlsbad. In conjunction with the comparative research SAG will also speak to stakeholders throughout the City to ensure a well-rounded approach is taken to provide the best insight to the Strategic Action Plan. These conversations will be valuable in creating recommendations that the hospitality and tourism community will support and implement. The Strategic Action Plan will have recommendations formulated after researching and speaking to involved entities to bring about untapped revenue streams or markets of growth. TASK 3: Presentation and Reports Presentation and Reporting SAG will prepare all presentations and reports for the City of Carlsbad as outlined. SAG's first focus will be the report on the research and analysis on the City's internal tourism industry and how that industry is tracking. The reports will be comprehensive in terms of evaluation of potential occupancy increases, TOT, spending, ROI on marketing spending, segmentation analysis, visitor spending and duration of stay, and hotel mix analysis. In addition to those report components, SAG will evaluate the potential ofthe visitor market and Carlsbad tourism potential. SAG will also review the brand recognition for the City of Carlsbad as a whole. Prepare Draft Report SAG will create a draft report on the Tourism Industry Study on behalf of the City of Carlsbad and compile these reports appropriately and disseminate to the City's internal staff. The internal staff will receive the report first to review the results of the study as a draft. Prepare Final Report SAG will include input after the draft review and creates final report along with a presentation of the results with graphic illustrations highlighting significant findings. Strategic Action Plan Along with presenting the report to the City of Carlsbad, SAG will also provide the detailed Strategic Action Plan. The Strategic Action Plan will provide recommendations for the City as described previously. Timeline The proposed program will take ten months to complete and will include up to five scheduled visits to Carlsbad. City Attorney Approved Version 1/30/13 10 "EXHIBIT "B" INCREMENTAL PAYMENT SCHEDULE The Contractor will be paid a maximum of seventy five thousand dollars ($75,000) for all work necessary to carry out the requirements of this agreement as noted in section 3 of the recitals. The Contractor shall be paid within 30 days for work accomplished, in response to invoice, and invoices are expected to be received monthly for professional fees for documented fixed program expenses. The final 10% percent will be paid, not to exceed the maximum amount provided in this agreement, upon acceptance ofthe work and services to be provided in Exhibit A, and within 30 days after receipt of invoice. In addition. Contractor may receive up to a up to eleven thousand two hundred and fifty dollars ($11,250) for reimbursable expenses which shall include transportation, lodging, meals and incidental expenses such as tips. The City will not reimburse the cost of alcoholic beverages. Reimbursement for tips will not be made in excess of 20%. All reimbursable expenses shall be documented with detailed receipts accompanying the invoice. City Attorney Approved Version 1/30/13 State of: All Purpose Acknowledgement County of: ^/mf/^ )re me On this //^ day of feJ^KUXUnj ,3Dl^ befoi 'fJij^y'i^ L ( , a Notary Public, personally appeared ,J)rj,y,,^'( AltS/mdn P^n-kin^ personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which theperson(s) acted, executed'this instrument. Witness my hand and seal: Primed Name My coniniission expires • EVA GRACfc HYGRELL^ . . (iotaryjPubiic • My_:Ciimm. Expires • (Seal) DESCRIPTION OF ATTACHED DOCUMENT: Title or Type of Document: PrO-ff^Sf(^inCcf S^ViC^ A^^t.^.,tY^4^ Document Date: re.b. llMN Number of Pages: _//__ Signers other than named above: ^ /7