HomeMy WebLinkAbout2022-01-18; City Council; ; Approval of a Memorandum of Understanding by and among the 78 Corridor Cities for Sharing Costs of Innovate78 Marketing Services Meeting Date: Jan. 18, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: David Graham, Chief Innovation Officer
david.graham@carlsbadca.gov, 760-434-5992
Matt Sanford, Economic Development Manager
matt.sanford@carlsbadca.gov, 760-607-2923
Subject: Approval of a Memorandum of Understanding by and among the 78
Corridor Cities for Sharing Costs of Innovate78 Marketing Services
Districts: All
Recommended Action
Adopt a resolution approving the memorandum of understanding by and among the 78
Corridor cities for cost-sharing of professional services to market the 78 Corridor cities.
Executive Summary
An updated memorandum of understanding is needed to continue the Innovate78 partnership
among the 78 Corridor cities to jointly fund the collaborative marketing of the cities for
economic development purposes.
The Innovate78 partnership was previously an agreement between the cities of Carlsbad,
Escondido, Oceanside, San Marcos and Vista to contract with the San Diego Regional Economic
Development Corporation for economic development collaboration and marketing purposes.
The staffs of all five cities have agreed to present a new structure to their cities’ respective
elected officials that includes an enhanced membership in the San Diego North Economic
Development Corporation and additional services and a direct economic development
marketing contract from a qualified firm to be managed by the five cities. The key elements of
this proposal are included in the memorandum of understanding (Exhibit 1).
At its January 10 meeting, the City Council’s Economic Development Subcommittee
recommended that the City Council follow staff’s recommendation to approve the
memorandum of understanding by and among the 78 Corridor cities for the cost-sharing of
professional services for marketing. This action would be consistent with previous actions by
the City Council, and the anticipated approvals of the other Innovate78 cities.
Jan. 18, 2022 Item #5 Page 1 of 26
Discussion
Background
Innovate78 began in 2012 when the mayors of the cities of Carlsbad, Escondido, Oceanside, San
Marcos and Vista began to work together to promote the economic interests of the cities along
State Route 78, now known as the 78 Corridor. With so much interconnectivity and dependency
on one another for businesses, jobs, and opportunities, it was and remains economically
advantageous to present the 78 Corridor as one unified region. The five cities funded a study
and an economic development strategy to collaboratively execute economic development
programs and initiatives that would benefit all five cities. In 2014, the five cities formalized a
memorandum of understanding to jointly fund a contract for execution of this strategy.
The Innovate78 collaboration has proven to be successful and has leveraged the greater power
of a combined geographic region to attract and expand businesses, support workforce growth,
and strategically support key sectors. Through this initiative, businesses can access the
following resources:
• Data and information about the 78 Corridor cities through the Innovate78-branded
website and social media
• Connections to higher education through efforts like manufacturing roundtables and
events with higher education institutions
• Assistance in applying for state funding and incentive programs such as the Cal
Competes tax credit
• Economic development staff contact information when businesses are contemplating
moving based on expansion or contraction needs
• Access to information on regional programs such as MetroConnect1 and the SDG&E
Economic Development Rate
• Startup and entrepreneurial information and events that bring together the startup
community along the 78 Corridor to link founders with funders
Innovate78 has achieved several specific milestones over the past several years including
launching the Startup78 Initiative, hosting North County’s first San Diego Startup Week event
and creating the first comprehensive COVID-19 business resource guide for North County at the
start of the pandemic.
New hybrid approach
The San Diego Regional Economic Development Corporation was the contractor for Innovate78
from 2014 to October 2021, when its most recent contract extension expired.
The cities conducted a comprehensive review of the goals and objectives of Innovate78 in
response to the scope of the impact of the COVID-19 health emergency. Before the contract
expired, staffs of the five cities evaluated options to present to their city’s respective city
councils.
On May 11, 2021 the City Council was presented with the COVID-19 Inclusive Recovery
Assessment and Implications report that has guided the shift from an economic response to
1 MetroConnect, the flagship program of World Trade Center San Diego, provides small- and medium-sized
companies with resources to engage in global markets.
Jan. 18, 2022 Item #5 Page 2 of 26
COVID-19 to a response and recovery phase. That assessment included a recommendation to
continue sub-regional collaborations like the Innovate78 partnership.
Based on the research and review of Innovate78 by staffs from the five cities, City of Carlsbad
staff presented options to the City Council’s Economic Development Subcommittee on Oct. 18.
Four general approaches to the future of Innovate78 were presented:
• Terminate the Innovate78 partnership
• Engage San Diego Regional Economic Development Corporation to continue providing
services
• Procure a new contractor to provide the services formerly provided by the Regional
Economic Development Corporation
• Develop a hybrid approach based upon the history of the initiative and the economic
development objectives of the five cities
The subcommittee expressed support for staff pursuing the hybrid approach and presenting it
to the full City Council for its consideration. The hybrid approach includes:
• The San Diego North Economic Development Corporation, a different non-profit focused
solely on the North County, creating an Innovate78 tier of membership to provide
services like those currently provided by the Regional Economic Development
Corporation
• Giving the five cities more status and influence in decision-making at the San Diego
North Economic Development Corporation, since they drive economic development in
north county
• Bifurcating the Innovate78 management activities from marketing and communication
activities
• Procuring a marketing and communications firm managed by the five cities to develop
and execute the regional economic development promotion
The hybrid approach recognizes that the Innovate78 collaboration has grown and matured. It
draws upon the growing sub-regional capacity of the San Diego North Economic Development
Corporation and its focus on the North County. It also has the ancillary benefit of strengthening
North County’s economic development capacity by investing in a sub-regional organization.
The results of this discussion and the next steps were sent to the City Council in a memorandum
on Oct. 28, 2021 (Exhibit 2).
Staff have worked with counterparts in the 78 Corridor cities to develop a hybrid approach
proposal to the Innovate78 collaboration for the City Council’s consideration. The 78 Corridor
cities released a request for proposals for marketing activities to support Innovate78 in
September 2021 and had 17 firms respond with proposals. After careful evaluation, interviews
and analysis, the staffs of the 78 Corridor cities recommend contracting with JPW
Communications to execute services in support of the Innovate78 initiative.
The initial agreement would be for a term of two years. The scope of services would be for
marketing and communications activities for an amount not to exceed $100,000 annually, to be
shared equally among all five cities for an individual city contribution not to exceed $20,000 per
contract year. This amount is within the current budget committed by all five cities toward the
Jan. 18, 2022 Item #5 Page 3 of 26
Innovate78 partnership, and the Carlsbad share is budgeted in the budget for fiscal year 2021-
22.
The memorandum of understanding between the 78 Corridor cities that has been in place since
2014 outlines the financial and collaborative responsibilities of each city to jointly support
Innovate78. It established that the five cities would rotate through two-year terms managing
the funds and contract payments as the designated contract holder.
Under the terms of the proposed memorandum of understanding:
• The City of Oceanside will manage the contract with JPW Communications for the
required services for the fiscal years 2021-22 and 2022-23, in keeping with the normal
rotation of the contract
• Each city will contribute an equal financial share for JPW Communications’s work
• The length of the proposed contract is two years
• Each city would contribute $20,000 a year
The City of Oceanside would collect the budgeted funds from the 78 Corridor cities and make
the required payments to JPW Communications during the designated period, as outlined in the
memorandum of understanding. Each of the 78 Corridor cities would receive equal benefit from
the joint marketing proposed by JPW Communications.
The Economic Development Subcommittee and staff recommend this hybrid option.
Options
Option 1: Approve the memorandum of understanding by and between the 78 Corridor cities
for cost-sharing for professional services to market the five cities. This option is consistent with
nearly a decade of collaboration amongst the five cities.
Outcomes from this option include:
• Would leverage the geographic and financial resources of the 78 Corridor to promote
economic development
• Continuing the successful partnership and collaboration that supports the sub-regional
business ecosystem
• Marketing of the 78 Corridor cities would be a collaborative effort
• The city would need to pay $20,000 a year, and would assume the role of contract
holder when its turn came
Option 2: Deny the approval of the memorandum of understanding by and between the 78
Corridor cities for cost-sharing for professional services to market the five cities. This option
would put an end to nearly a decade of collaboration with the 78 Corridor cities in jointly
promoting the region.
Outcomes from this option include:
• Potential savings of $20,000 by not contributing to the joint marketing contract
• There would be no structure to continue the professional services to jointly market the
sub-region
• The City of Carlsbad could face potential disadvantage in promotion with four cities
jointly sharing resources and Carlsbad relying solely on its own resources
Jan. 18, 2022 Item #5 Page 4 of 26
The Economic Development Subcommittee and staff recommend Option 1 because it is
consistent with the history of economic development collaboration along the 78 Corridor and
would contribute to the city’s economic development goals.
Fiscal Analysis
The total annual cost to the City of Carlsbad for the proposed services as established in the
memorandum of understanding would be up to $20,000 annually. This cost is in alignment with
what was included in the budget.
Next Steps
Should the City Council approve the proposed agreement and MOU, the City Manager would
execute the memorandum of understanding on behalf of the City of Carlsbad. Staff would then
continue to work in collaboration with staff from the 78 Corridor cities to jointly market the 78
Corridor region for current and prospective businesses and provide collaborative support to
businesses in need of assistance.
Environmental Evaluation
This informational report does not constitute a “project” within the meaning of the California
Environmental Quality Act under California Public Resources Code Section 21065 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.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. Oct. 28, 2021 City Council memorandum
Jan. 18, 2022 Item #5 Page 5 of 26
RESOLUTION NO. 2022-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING BY AND
AMONG THE 78 CORRIDOR CITIES FOR COST-SHARING OF INNOVATE78
MARKETING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE MEMORANDUM OF UNDERSTANDING
EXHIBIT 1
WHEREAS, in 2012, the mayors of the cities of Carlsbad, Escondido, Oceanside, San Marcos, and
Vista, California, known as the 78 Corridor cities, began to collaborate on economic; and
WHEREAS, the goal of this collaboration has been to elevate the 78 Corridor cities'
competitiveness in marketing the 78 Corridor as a destination for innovative businesses and to assist
in the expansion, attraction, and retention of innovative companies; and
WHEREAS, the 78 Corridor cities, including the City ofCarlsbad, have found mutual benefit from
the collaboration; and
WHEREAS, in 2014, the 78 Corridor cities adopted a memorandum of understanding to jointly
fund collaborative economic development efforts, calling the partnership lnnovate78; and
WHEREAS, since 2014, the 78 Corridor cities have maintained a memorandum of understanding
for cost-sharing of lnnovate78 services provided by San Diego Regional Economic Development
Corporation; and
WHEREAS, in 2021, staff from each of the 78 Corridor cities evaluated the current and future
economic development needs of the cities, which led to the development of options for consideration
by their respective elected bodies; and
WHEREAS the 78 Corridor cities have found the lnnovate78 partnership to be valuable and the
staff analysis identified advantages to evolving the existing model into a hybrid approach; and
WHEREAS, a hybrid approach has been recommended, with economic development support
services being provided by the San Diego North Economic Development Council, and the marketing
services being provided by a professional marketing and communications firm collectively managed by
the partner cities; and
WHEREAS, the City of Oceanside released a request for proposals for lnnovate78 marketing
services, received 19 qualified responses and, through rigorous evaluation, the 78 Corridor cities
selected a marketing firm to execute lnnovate78 marketing services, and
Jan. 18, 2022 Item #5 Page 6 of 26
MEMORANDUM OF UNDERSTANDING BY AND AMONG THE CITIES
OF CARLSBAD, ESCONDIDO, OCEANSIDE, SAN MARCOS
AND VISTA FOR FUNDING OF
MARKETING FOR THE INNOVATE78 ECONOMIC DEVELOPMENT INITIATIVE
This Memorandum of Understanding (“MOU”) is made and entered into on ________
___, 2022 by and among the cities of Carlsbad, Escondido, Oceanside, San Marcos and Vista
(individually “City” and collectively, “78 Corridor Cities” or “Cities”).
RECITALS
A.Beginning in January 2022, the 78 Corridor Cities will adopt a new model for execution
of Innovate78 economic development strategies through enhanced memberships with the
San Diego North Economic Development Council (SDNEDC) in the amount of $20,000
per City per year. Prior to this, the Cities had contracted with the San Diego Regional
EDC for all activities related to Innovate78.
B.In September 2021, the 78 Corridor Cities released a Request for Proposals (“RFP”) for
marketing and communications services to support the Innovate78 work to be performed
by the SDNEDC. Seventeen marketing firms responded to the RFP, and after careful
evaluation and interviews, the Cities wish for JPW Communications to provide marketing
services to support the Innovate78 initiative.
C.The 78 Corridor Cities have been managing contracts related to Innovate78 on a rotating
basis. The City of Oceanside will manage the contract with JPW Communications for the
required services. Each City will contribute an equal financial share to compensate JPW
Communications based on the terms set forth in this MOU.
D.The City of Oceanside has engaged JPW Communications for marketing and
communications services for Innovate78 pursuant to the attached Professional Services
Agreement (“PSA”), which is incorporated herein by this reference. The work to be
provided by JPW Communications is set forth in the Scope of Work included with the
PSA.
NOW, THEREFORE, in consideration of these recitals and the mutual covenantscontained herein, the five Cities agree as follows:
A.JPW Communications Professional Services Agreement
Attachment A
Jan. 18, 2022 Item #5 Page 8 of 26
The 78 Corridor Cities want to execute a two-year agreement as of January 1, 2022 which
will become effective upon the complete execution of this MOU by each of the five Cities. The
two-year Professional Services Agreement with JPW Communications will be managed by the
City of Oceanside. Performance of the JPW PSA is intended to result in furthering the
Innovate78 Economic Development Initiative as described in the PSA. For that work, JPW
Communications will receive an annual total base contract amount of one hundred thousand
dollars ($100,000), assuming the full expense allotment is used (“Contract Price”).
The City of Oceanside makes no representation regarding the completeness, or quality of
the work that JPW Communications will produce under the PSA. In directing JPW
Communications pursuant to the PSA, the City of Oceanside will, when reasonably possible,
provide direction based on the consensus of all Cities. If consensus is not obtained after a
consultation period with all 78 Corridor Cities within thirty days (30) days, and if the Cities have
not acted collectively to amend or terminate this MOU or the PSA, the City of Oceanside
reserves the right to provide direction to JPW Communications to assure that its efforts are not
stopped, stalled or otherwise delayed.
B. Cooperative Efforts
For JPW Communications to successfully carry out the scope of work for marketing for
the Innovate78 Economic Development Initiative, each City must: (1) provide JPW
Communications with information about the city, its community, its businesses, and its other
attributes; (2) make available to JPW Communications representatives from city government,
civic groups, business groups and others comprising the city; (3) identify venues within the city
for meetings, (4) participate in meetings with JPW Communications and other 78 Corridor Cities
for the development and refinement of elements of the Innovate78 Economic Development
Initiative; and (5) otherwise participate in the development of the Innovate78 Economic
Development Initiative in the manner described in the Scope of Work.
C. Term
This MOU shall be effective as of the first date written above and shall continue in full
force and effect unless sooner terminated as provided in Section 4 of this MOU, below.
D. Termination
Should any City wish to terminate this MOU, the City desiring to terminate this MOU
shall provide written notice of such intention of termination to the 78 Corridor Cities at least
fifteen (15) days in advance of the termination date. Upon the expiration of the fifteen (15)-day
Jan. 18, 2022 Item #5 Page 9 of 26
notice period, each City’s rights and obligations to the other City as set forth shall cease and be
of no further force or effect.
E. Payments for Funding the JPW Communications PSA
To fund the JPW PSA, each City will allocate and pay to the City of Oceanside on or
before July 1 of each calendar year in which the agreement between JPW Communications and
the City of Oceanside is in effect the sum of twenty thousand ($20,000), representing one-fifth of
the Contract Price (“City Contract Share”). The City of Oceanside will hold the City
Contribution for each City, and collectively use those City Contributions to make payments due
to JPW Communications under the Professional Services Agreement.
Should it be determined that a change in the Scope of Work is advisable which will
require a change in funding in the base Contract Price as detailed in the Scope of Work, the City
of Oceanside shall notify the 78 Corridor Cities of the service changes (“Services”) and the price
for those services (“Cost”). With that notice, the City of Oceanside will provide the 78 Corridor
Cities with a proposed Addendum to the Professional Services Agreement (“Services Agreement
Addendum”) describing the Additional Services to be provided at the Supplemental Cost. Based
on those materials, each City will be asked to execute an addendum to this MOU (“MOU
Addendum”) to enable the City of Oceanside to fund the Services. Should each City execute the
MOU Addendum, then within ten (10) days thereafter: each City shall transfer to the City of
Oceanside a sum equal to one-fifth of the Supplemental Cost; and the City of Oceanside will
execute the Services Agreement Addendum.
Following the completion or termination of the Professional Services Agreement, the
City of Oceanside shall determine if any amount is left unexpended from the collective City
Contributions and shall return to each 78 Corridor City a sum equal to one-fifth of that amount.
F. Trademark and Copyright of Works
The 78 Corridor Cities recognize that JPW Communications will generate graphics,
taglines and other materials (“Works”) which may require a trademark, copyright, or similar
registry to be protected under Federal or State law, which shall be obtained by JPW
Communications, or its subcontractor, for the benefit of the 78 Corridor Cities. The 78 Corridor
Cities acknowledge that each, as an owner of a trademark, will responsible to police infringing
uses of its trademark. If the 78 Corridor Cities do not enforce its trademark rights or otherwise
fail to maintain quality control over the trademark (i.e. a naked license), trademark rights may be
lost. This is also true regarding the responsibility to police infringing uses of their copyrights.
The 78 Corridor Cities agree that they will reasonably police their intellectual property rights and
promptly take reasonable steps to prevent infringing and unauthorized use of their trademarks
Jan. 18, 2022 Item #5 Page 10 of 26
and copyrights. Upon learning of a potential infringement or unauthorized use, the 78 Corridor
Cities shall meet, discuss and select an appropriate course of action to reasonably prevent
infringement or unauthorized use of their intellectual property rights.
G. Miscellaneous
The terms of this MOU are intended by the parties as a final expression of their
agreement with respect to such terms as are included in this MOU and may not be contradicted
by evidence of any prior and/or contemporaneous agreement. This MOU specifically supersedes
any prior written or oral agreement between the parties.
This MOU may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the date first
above written.
CITY OF VISTA CITY OF ESCONDIDO
By:_____________________________ By:_____________________________
Patrick Johnson, City Manager Sean McGlynn, City Manager
ATTEST: ATTEST:
Kathy Valdez, City Clerk Zack Beck, City Clerk
By:____________________________ By:_____________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
Darold Pieper, City Attorney Michael R. McGuinness, City Attorney
By:____________________________ By:_____________________________
(Signatures continue on next page).
Jan. 18, 2022 Item #5 Page 11 of 26
Document no. 21-D0789-1
12/15/2021 (15)
CITY OF OCEANSIDE
PROFESSIONAL SERVICES AGREEMENT
PROJECT: INNOVATE78 MARKETING
THIS AGREEMENT, dated December 15 , 20_2.1for identification purposes, is
made and entered into by and between the CITY OF OCEANSIDE, a municipal
corporation, hereinafter designated as II CITY11, and JPW Communications, LLC, hereinafter.
designated as "CONSUL TANT. 11
' NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF WORK. The project is more particularly descri~ed as follows:
Marketing and communications activities to support the Innovate78 regional
economic development initiative (Attachment A).
2. INDEPENDENT CONTRACTOR. CONSULT ANT'S relationship to the CITY
shall be that of an independent contractor. CONSULTANT shall have no authority,
express or implied, to act on behalf of the CITY as an agent, or to bind the CITY to
any obligation whatsoever, unless specifically authorized in writing by the City
Engineer. The CONSUL TANT shall not be authorized to communicate directly
with, nor in any way direct the actions of, any bidder or the construction contractor
·for .this project without the prior written authorization by the City Engineer.
CONSUL TANT shall be solely responsible for the performance of its employees,
agents, and subcontractors under this Agreement, including the training of each
employee regarding the rights and responsibilities of an employer and employee for
any potential discrimination or harassment claim under state or federal law.
CONSULT ANT shall report to the CITY any and all employees, agents, and
consultants performing work in connection with this project, and all shall be subject
to the approval of the CITY.
3. WORKERS' COMPENSATION. Pursuant to Labor Code section 1861, the
CONSUL TANT hereby certifies that the CONSULT ANT is aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and the CONSULT ANT will comply
with such provisions, and provide certification of such compliance as a part of this
Agreement.
4. LIABILITY INSURANCE.
Jan. 18, 2022 Item #5 Page 14 of 26
Innovate78 Marketing
4.1. CONSULTANT shall, throughout the duration of this Agreement maintain
comprehensive general liability and property damage insurance, or commercial _
general liability insurance, covering all operations of CONSULTANT, its agents and
employees, performed in connection with this Agreement including but not limited
to premises and automobile.
4.2 CONSULTANT shall maintain liability insurance in the following minimum limits:
Comprehensive General Liability Insurance
(bodily injury and property damage)
Combined Single Limit Per Occurrence
General Aggregate
Commercial General Liability Insurance
(bodily injury and property damage)
General limit per occurrence
General limit project specific aggregate
Automobile Liability Insurance
$2,000,000
$ 4,000,000*
$2,000,000
$4,000,000
$ 2,000,000
*General aggregate per year, or part thereof, with respect to losses or other acts or
omissions of CONSUL TANT under this Agreement.
4.3 If coverage is provided through a Commercial General Liability Insurance policy, a
minimum of 50% of each of the aggregate limits shall remain available at all times.
If over 50% of any aggregate limit has been paid or reserved, the CITY may require
additional coverage to be purchased by the CONSULTANT to restore the required
limits. The CONSUL TANT shall also notify the CITY'S Project Manager promptly
of all losses or claims over $25,000 resulting from work performed under this
contract, or any loss or claim against the CONSULTANT resulting from any of the
CONSULTANT'S work.
4.4 All insurance companies affording coverage to the CONSULT ANT for the purposes
of this Section shall add the City of Oceanside as "additional insured" under the
designated insurance policy for all work performed under this agreement. Insurance
coverage provided to the City as additional insured shall be primary insurance and ,
other insurance maintained by the City of Oceanside, its officers, agents, and
employees shall be excess only and not contributing with insurance provided
pursuant to this Section.
2
Jan. 18, 2022 Item #5 Page 15 of 26
Innovate78 Marketing
4.5 All insurance companies affording coverage to the CONSULT ANT pursuant to this
agreement shall be insurance organizations admitted by the Insurance Commissioner
of the State of California to transact business of insurance in the state or be rated as
A-X or higher by A.M. Best.
4.6 CONSULTANT shall provide thirty (30) days written notice to the CITY should
. any policy required by this Agreement be cancelled before the expiration date.
For the purposes of this notice requirement, any material change in the policy prior
to the expiration shall be considered a cancellation.
4. 7 CONSULT ANT shall provide evidence of compliance with the insurance
requirements listed above by providing, at minimum, a Certificate oflnsurance and
applicable endorsements, in a form satisfactory to the City Attorney, concurrently
with the submittal of this Agreement.
4.8 CONSULT ANT shall provide a substitute Certificate of Insurance no later than
thirty (30) days prior to the policy expiration date. Failure by the CONSUL TANT
to provide such a substitution and extend the policy expiration date shall be
considered a default by CONSUL TANT and may subject the CONSUL TANT to a
suspension or termination of work under the Agreement.
4.9 Maintenance of insurance by the CONSUL TANT as specified in this Agreement
shall in no way be interpreted as relieving the CONSULT ANT of any
responsibility whatsoever and the CONSULT ANT may carry, at its own expense,
such additional insurance as it deems necessary.
5. PROFESSIONAL ERRORS AND OMISSIONS INSURANCE. Throughout the
duration of this Agreement and four (4) years thereafter, the CONSULTANT shall
maintain professional errors and omissions insurance for work performed in
connection with this Agreement in the minimum amount of Two Million Dollars
($2,000,000.00).
CONSULT ANT shall provide evidence of compliance with these insurance
requirements by providing a Certificate of Insurance.
6. CONSULTANT'S INDEMNIFICATION OF CITY. To the greatest extent
allowed by law (including, without limitation, California Civil Code section 2782.8),
CONSULT ANT shall indemnify and hold harmless the CITY and its officers, agents
and employees against all claims for damages to persons or property arising out of
CONSULTANT'S work, including the negligent acts, errors or omissions or
wrongful acts or conduct of the CONSULTANT, or its employees, agents,
subcontractors, or others in connection with the execution of the work covered by
3
Jan. 18, 2022 Item #5 Page 16 of 26
lnnovate78 Marketing
this Agreement, except for those claims arising from the willful misconduct, sole
negligence or active negligence of the CITY, its officers, agents, or employees.
CONSULTANT'S indemnification shall include any and all costs, expenses,
attorneys' fees, expert fees and liability assessed against or incurred by the CITY, its
officers, agents, or .employees in defending against such claims or lawsuits, whether
the same proceed to judgment or not. Further, CONSULTANT at its own expense
shall, upon written request by the CITY, defend any such suit or action brought
against the CITY, its officers, agents, or employees founded upon, resulting or
arising from the conduct, tortious acts or omissions of the CONSULTANT.
CONSULTANT'S indemnification of CITY shall not be limited by any prior or
subsequent declaration by the CONSULTANT.
7. OWNERSHIP OF DOCUMENTS. All plans and specifications, including
details, computations and other documents, prepared or provided by the
CONSULT ANT under this Agreement shall be the property of the CITY.
CONSUL TANT shall provide all such documents in electronic, editable fonnat
upon request by the CITY. The CITY agrees to hold the CONSULTANT free and
harmless from any claim arising from any use, other than the purpose intended, of
the plans and specifications and all preliminary sketches, schematics, preliminary
plans, architectural perspective renderings, working drawings, including details,
computation and other documents, prepared or provided by the CONSULTANT.
CON~UL TANT may retain a copy of all material produced under this Agreement
for the purpose of documenting CONSUL TANT' s participation in this project.
8. COMPENSATION. CONSULTANT'S compensation for all work perfonned in
accordance with this Agreement, shall not exceed $100,000 per contract year.
No work shall be perfonned by CONSULTANT in excess of the total contract price
without prior written approval of the CITY. CONSUL TANT shall obtain approval
by CITY prior to performing any work that results in incidental expenses to CITY.
The five Innovate78 cities (Carlsbad, Escondido, Oceanside, San Marcos and Vista)
will contribute an equal financial share of $20,000 per city to c01npensate JPW
Communications, with the City of Oceanside serving as contract manager, based on
the terms set forth in the attached MOU.
9. TIMING REQUIREMENTS. Time is of the essence in the perfonnance of work
under this Agreement and the timing requirements shall be strictly adhered to unless
otherwise modified in writing. All work shall be completed in every detail to the
satisfaction of the Innovate78 cities within two years.
10. ENTIRE AGREEMENT. This Agreement comprises the entire integrated under-
standing between CITY and CONSUL TANT concerning the work to be performed
4
Jan. 18, 2022 Item #5 Page 17 of 26
Innovate78 Marketing
APPROVED AS TO FORM:
By:~ U'~
NOTARY ACKNOWLEDGMENTS OF CONSULTANT MUST BE ATTACHED.
!:\City Attorney\Professional Services Agreement Short Form (Design Professionals).doc
6
Jan. 18, 2022 Item #5 Page 19 of 26
Attachment A
Innovate78 Marketing Activities
JPW Communications
Scope of Work
The five cities along the 78 Corridor (Carlsbad, Escondido, Oceanside, San Marcos and Vista)
wish to retain JPW Communications for marketing activities to support the Innovate78 regional
economic development initiative. This work includes the following activities:
Research & Audit
Conduct audit of current key messages, outreach materials and target audiences; review survey
results and other provided data in support of economic development opportunities. Leverage
previous research to provide insights and recommendations. (Estimated 80 hours @ blended rate
of $150/hr): $12,000
Strategic Planning
Update overarching marketing strategy to tactical level, defining operational objectives and
marketing campaign objectives separately; define segmented target audiences; determine best
strategies for reaching targets and recommend methods of campaign delivery with impression
projections based on separate media budget. NOTE: Leveraging strategic plan previously
developed by JPW. (Estimated 60 hours @blended rate of $150/hr): $9,000
Program of Work
Develop three creative concepts for a long-term marketing effort, based on strategic framework
and refine one selected concept. Concepts will include positioning statement, headlines and
initial copywriting of a single outreach piece. Deliver complete media and marketing plan
workflow for how creative will be delivered, what mediums win be used, projected placement
performance with total impressions and cost per mille (thousand impressions). (NOTE: any
approved media buys to be purchased directly. Media placed through JPW is subject to 20%
placement fee.) (Estimated 120 hours@ blended rate of $150/hr): $18,000
Implementation Toolkit
Once concept is finalized, JPW will create an implementation toolkit with all needed collateral
pieces which may include folder, one-sheets, brochure or pitchbook, presentation deck, digital
ads, print ads, social media graphics and posts with all imagery and copywriting. Content
development will include blogs, photography, video concept, scripting, scouting, storyboarding,
on-site production, post-production, motion graphics, sound and final story packages for active
distribution. Complete execution of marketing and media plan, placement of all media, posting
of all social media content per content calendar, and administration of any direct digital
campaigns including Google ads, Facebook ads and Y ouTube promotions. (Estimated 326 hours
@ blended rate of $150/hr): $48,900
Jan. 18, 2022 Item #5 Page 21 of 26
Evaluation
Attachment A
Innovate78 Marketing Activities
JPW Communications
Scope of Work
Provide recommended goals for measurement and key performance indicator standards for
ongoing implementation. Set up analytics dashboard, provide monthly performance reports with
insights and recommendations for ongoing optimization.
(Estimated 80 hours@ blended rate of $150/hr): $12,000
Total $99,900
2 Jan. 18, 2022 Item #5 Page 22 of 26
Exhibit 2
Jan. 18, 2022 Item #5 Page 23 of 26
Jan. 18, 2022 Item #5 Page 24 of 26
Jan. 18, 2022 Item #5 Page 25 of 26
Jan. 18, 2022 Item #5 Page 26 of 26