COMPLETED BOARD ORDER�"��64
Before the Board of Supervisors in and for the
County of Monterey, State of California
Agreement No: A 11813; A 11814; A 11815
a. Approve the FY 2010-11 Development Set-Aside DSA) Work Plans submitted by the
Monterey County Convention and Visitors Bureau MCCVB), the Arts Council for
Monterey County ACMC), and the Monterey County Film Commission MCFC), as
recommended by the Overall Economic Development Commission OEDC);
b. Authorize the Contracts/Purchasing Officer to execute an Agreement with the MCCVB
for the term July 1, 2010 through June 30, 2011, in an amount not to exceed $897,423;
c. Authorize the Contracts/Purchasing Officer to execute an Agreement with the ACMC
for the term July 1, 2010 through June 30, 2011, in an amount not to exceed $236,920;
and
d. Authorize the Contracts/Purchasing Officer to execute an Agreement with the MCFC
for the term July 1, 2010 through June 30, 2011, in an amount not to exceed $113,674.
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, effective July 29, 2010, the Board hereby:
a. Approved the FY 2010-11 Development Set-Aside DSA) Work Plans submitted by the
Monterey County Convention and Visitors Bureau MCCVB), the Arts Council for
Monterey County ACMC), and the Monterey County Film Commission MCFC), as
recommended by the Overall Economic Development Commission OEDC);
b. Authorized the Contracts/Purchasing Officer to execute an Agreement with the MCCVB A-
11813) for the term July 1, 2010 through June 30, 2011, in an amount not to exceed
$897,423;
c. Authorized the Contracts/Purchasing Officer to execute an Agreement with the ACMC A-
11814) for the term July 1, 2010 through June 30, 2011, in an amount not to exceed
$236,920; and
d. Authorized the Contracts/Purchasing Officer to execute an Agreement with the MCFC A-
11815) for the term July 1, 2010 through June 30, 2011, in an amount not to exceed
$113,674.
PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: July 29, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By
Deputy
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SIGNED BOARD REPORTX��"��MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 AGENDA NO.:
SUBJECT: a. Approve the FY 2010-11 Development Set-Aside DSA) Work
Plans submitted by the Monterey County Convention and
Visitors Bureau MCCVB), the Arts Council for Monterey
County ACMC), and the Monterey County Film Commission
MCFC), as recommended by the Overall Economic
Development Commission OEDC);
b. Authorize the Contracts/Purchasing Officer to execute an
Agreement with the MCCVB for the term July 1, 2010 through
June 30, 2011, in an amount not to exceed $897,423;
c. Authorize the Contracts/Purchasing Officer to execute an
Agreement with the ACMC for the term July 1, 2010 through
June 30, 2011, in an amount not to exceed $236,920; and,
d. Authorize the Contracts/Purchasing Officer to execute an
Agreement with the MCFC for the term July 1, 2010 through
June 30, 2011, in an amount not to exceed $113,674.
DEPARTMENT: CAO Intergovernmental & Legislative Affairs
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a. Approve the FY 2010-11 Development Set-Aside DSA) Work Plans, submitted by the
Monterey County Convention and Visitors Bureau MCCVB) the Arts Council for Monterey
County ACMC), and the Monterey County Film Commission MCFC), as recommended by
the Overall Economic Development Commission OEDC);
b. Authorize the Contracts/Purchasing Officer to execute an Agreement with the MCCVB for
the term July 1, 2010 through June 30, 2011, in an amount not to exceed $897,423;
c. Authorize the Contracts/Purchasing Officer to execute an Agreement with the ACMC for
the term July 1, 2010 through June 30, 2011, in an amount not to exceed $236,920; and,
d. Authorize the Contracts/Purchasing Officer to execute an Agreement with the MCFC for the
term July 1, 2010 through June 30, 2011, in an amount not to exceed $113,674.
SUMMARY/DISCUSSION:
The Development Set-Aside DSA) Program was established by the Board of Supervisors to
support and promote economic development, tourism promotion, filmmaking and cultural arts
activities that strengthen and broaden the County's economic base. In accordance with Board
policy, the County receives annual Work Plans from the Monterey County Convention and
Visitors Bureau MCCVB), the Arts Council for Monterey County ACMC), and the Monterey
County Film Commission MCFC), outlining specific programs and tasks that will be
implemented in support of economic development.
The DSA Work Plans are submitted to the County, through the Overall Economic Development
Commission OEDC) for approval. Upon acceptance by the OEDC and approval by the Board
of Supervisors, the County enters into annual agreements with these agencies. The OEDC has
reviewed and accepted the Work Plans submitted by the MCCVB, ACMC and MCFC, and
recommends approval. In addition, the OEDC provides oversight of the DSA agencies through
review of their six-month, nine-month and twelve-month status reports.
The Monterey County Convention and Visitors Bureau MCCVB) will receive $897,423 to
continue to develop and implement programs that will promote Monterey County as a tourism
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SIGNED BOARD REPORTX��"��DSA Agreements
Page 2
July 27, 2010
and business travel destination through support of group sales, leisure marketing,
communications/media relations, internet marketing, visitor services, community relations and
membership activities.
The Arts Council ACMC) will receive $236,920 to focus on audience development, increase
awareness of opportunities in the arts, strengthen the ability to attract and serve a more
diversified audience, increase the participation of visitors in the arts activities, enhance the arts
and education program, increase partnerships, collaborate efforts to serve youth and families
with the greatest needs, and administer the re-granting program. In addition, the ACMC will
continue the art program, in collaboration with the County, to display artwork in the public
lobbies at the Monterey County Government Center Administration Building.
The Film Commission MCFC) will receive $113,674 to develop and implement programs that
promote Monterey County as a filmmaking destination, and generate increased business,
revenues and jobs through film, television, motion and still commercials. The MCFC will attend
trade shows, utilize direct mail campaigns, develop website enhancement/marketing, host
familiarization tours, and conduct market research to encourage additional filming activities
throughout the County.
OTHER AGENCY INVOLVEMENT:
On June 17, 2010, the OEDC reviewed and unanimously accepted the FY 20 10-11 Work Plans
submitted by the MCCVB, ACMC and MCFC and recommends approval.
FINANCING:
Funds for these agreements have been included in FY 2010-11 Adopted Budget, Fund 001,
Development Set-Aside Budget Unit 1050-8043, in the amount of $1,248,016. There are no
additional fiscal impacts with this recommendation.
Prepared by:
Debby L. ra shaw
Managem t nalyst III
Date
Approved by:
Nicholas E. Chiulos, Intergovernmental
and Legislative Affairs Director
1- 2- D
Date
Attachments: MCCVB, ACMC, and MCFC Agreements and FY 2010-11 Work Plans are on file with the Clerk of
the Board's Office.
c: John Reyes, President/CEO, MCCVB
Paulette Lynch, Executive Director, ACMC
Karen Nordstrand, Executive & Marketing Director, MCFC
OEDC Members
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AGREEMENT NO. A-11813 - MCCVB��COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL. SERVICES
MORE THAN $100,000)*
This Professional Services Agreement Agreement") is made by and between the County of Monterey, a
political subdivision of the State of California hereinafter County") and:
Monterey County Convention and Visitors Bureau MCCVB)
hereinafter CONTRACTOR").
In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as
follows:
1. SERVICES TO-BE PROVIDED: The County hereby engages CONTRACTOR to perform, and
CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of
this Agreement The'services are generally described as follows
Provide Develop and implementation of programs that will promote Monterey County as a leisure and
travel destination.
2. PAYMENTS BY COUNTY County shall.-pay., the CONTRACTOR in accordance with the payment
provisions:: set forth in Exhibit A, subject to. the limitati ons. set forth m this Agreement The total amount
payable by County to CONTRACTOR under this Agreement shall not exceed the sum of 5.897,423
3 TERM OF AGREEMENT The term of: this Agreement is from MY 1 2010
to
June30 2011
unless sooner terminated pursuantto the terms of this Agreement This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last; and CONTRACTOR may. not commence work before County signs:: this P-TA eement.
hed'exhibits are incorporated herein by
referenceand constitute a part of this Agreement:
Exhibit A Scope of Services/Payment Provisions
Exhibit B FY 2010711 MCCVB Work Plan
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR'S agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County:
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
*Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
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AGREEMENT NO. A-11813 - MCCVB��5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall; submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the
completion of services,,but in any event, not later than 30 days after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the. County may require. The
Contract Administrator or his or her designee shall certify the invoice, either in the requested. amount or in such
other amount as the County approves in conformity. with:this. Agreement, and shall promptly submit such
invoice to the County Auditor-Controller for payment The County Auditor-Controller. shall pay the amount
certified within 30 days of receiving th e certified invoice
girh ihi
tn ts
Agreement::
7 01 During-the term of this Agreement, the., County, may ternuriate the Agreement for any reason by
giving written notice of termination to`the CONTRACTOR at least thirty 30)days prior to the effective date of
termination. Such notice shall set forth the effective date of termination: In the event of such termination, the
amount payable under this Agreement shall be reduced in proportion to the services provided prior to th e date of
termination.`
7 02 The County may cancel and., terminate this Agreement, for good cause' effective immediately upon
written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner provided under this Agreement: County terminates this
Agreement for good cause, the County may be relieved of the payment of any consideration to
CONTRACTOR; and the County may proceed with the work. in any manner, which County eems proper. The
cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement:
8. INDEMNIFICATION: CONTRACTOR shall indemnify, defend, and-hold harmless` the County, its
officers, agents,. and employees, from* and against any and. all claims, liabilities, and. losses whatsoever
including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)
occurring or resulting to any and all persons, firms or corporations furnishing or, supplying work, services,
materials, or supplies in connection with the performance of this Agreement; and from any and all claims,
liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death
arising out of or connected with the CONTRACTOR's performance of this Agreement, unless such claims,
liabilities, or losses arise out of the sole negligence or willful misconduct of the County. CONTRACTOR's
performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
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$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide. a certified copy of the policy. or policies.
of the Contractor.
This verification of coverage: shall be sent to the County's;., Contracts/Purchasing Department,
unless otherwise directed The Contractor., shall not receive a Notice to.-Proceed" with the work
under this Agreement until. it has obtained all insurance' required and such, insurance has been
approved by the County.' This approval of insurance shall neither relieve nor decrease the liability
9.02.,':.- Oualifying Insurers:
Best's Key Rattng: Gu1de or a; company of equal financial='stability that`is approved by the
alphabetic and financial size category rating of not less than k VII, according to the current
All coverage's, except surety, shall be issued by companies whichhold a current policy holder's
oPurc mg ager
minimum, limits of liabil
Without. imiting,CONTRACTOR's duty to indemnify;, CONTRACTOR shall:maintain ii effect
throughout the term. of this Agreement a policy or policies of insurance with the following
occurrence.::
a combined. single limit for Bodily Injury and.:Property Damage of not less: than $1,000,000 per
including coverage for Bodily Injury and PropertyDamage, Personal Injury, Contractual Liability,
Broadform Property Damage, Independent Contractors, Products arid Completed Operations, with
Comiriercial general liability insurance, including but not liimted;; to premises and, operations,
Exemption/Modification Justification attached, subject to approval}
Business' automobile liability insurance, covering all. motor vehicles;; including owned, leased,
non owned; and hired vehicles, used in providing services under this Agreement, with a combined
single limit for Bodily Injury and Property.Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification. attached; subject to approval).
Workers' Compensation Insurance if CONTRACTOR employs others in the performance of this
Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail. coverage shall continue for at least three
years following the expiration or earlier termination of this Agreement.
Exemption/Modification Justification attached, subject to approval)
9.04 Other Insurance Requirements.
All insurance required by, this Agreement shall be with a.company acceptable to the County and
issued and executed by an admitted insurer auttionzed;to transact Insurance.: business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis,. or, if the policy is not written on an occurrence basis,such'policy with the
coverage required herein shall continue:n effect fora period. of three years following the date
CONTRACTOR completes its performance of services under this Agreement.
Each liability policy shall provide that. the County shall be given notice. in;writing at least thirty
or intended non-
days in advance of any endorsed; reduction in coverage or liiiut, cancellation
renewal thereof. Each policy shall provide coverage. for Contractor and additional insureds with
respect to claims arising from each subcontractor, if any, performing work under this Agreement,
or be accompanied by a certificate of insurance' from each subcontractor showing; each
subcontractor has identical insurance coverage to the above requirements
Commercial general liability and automobile liability policies shall provide an endorsement
naming, the County of Monterey, its officers, agents: and employees as Additional Insureds with
respect to liability arising out. of the CONTRACTOR'S worlr7 including ongoing and completed
operations, and shall further provide that such insurance is primary insurance to any insurance or
self insurance maintained by the County and that the insurance of the Additional Insureds shall
not be called: upon.: to contribute to. a loss covered by the CONTRACTOR'S insurance. The
required endorsement form or Commercial General Liability Additional Insured is. ISO Form CG
20 10 11-85. or CG. 20 10 10: 01 tandem; with CG 20 37 10. 01 12000): The required
endorsement of m for Automobile Additional insured endorsement is ISO Form: CA 20 48 02 99.
Prior to. the execution of this Agreement by. the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over 8100, 000, Revised 10/09/08 4 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
and subcontractors shall
CONTRACTOR and its officers, employees agents
01 Confidentiality
10
y
comply with any andall'federal, state, and local laws, which provide for the;, confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
information. CONTRACTOR shall promptly., transmitto County any and all requests for
disclosure of any such` confidential records or information CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this- Agreement except
for the sole purpose of carrying out CONTRACTOR' s obligations under this Agreement
y permits CONTRACTOR to disclose such records or
of this Agreement, unless County specificall
confidential information received from the. County or prepared m connection.wlth the performance
10.02. County Records When this Agreement expires or terminates, CONTRACTOR; shall return to
County any County records which CONTRACTOR ised or received from County to perform
services under this Agreement.
10 03 Maintenance of Records. CONTRACTOR shall prepare; maintain, and preserve all reports and
negotiation; audit exception; or other action relating to this Agreement is pending avme end of the
three year period; then CONTRACTOR shall retain said recoils until. such action is resolved.
records that may be required by federal, state, and County Hiles and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records for a period of at
least three years after receipt of final payment under this Agreement If any litigation, claim,
10 04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit
related to services
provided under this Agreement Pursuant to Government. Code section 8546.7,
if this Agreement involves the expenditure of public funds in excess. of. $10,000 the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters: connected with the
performance of this Agreement for. a period of three years after al payment under the
Agreement.
all ecords; documents;.: conditions, and iictivities f,the CONTRACTOR,and its subcontractors
10.05 Royalties and Inventions. County shall,have_ a royally-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over 8100,000, Revised 10/09/08 5 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��11. NON-DISCRIM]1 ATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor. shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded. with monies received by the; County pursuant to a contract with the state or federal
I J
government in which the County is the grantee, CONTRACTOR will comply with all the.provisions of said
contract, to`the extent applicable to CONTRACTOR as a subgrantee under said contract, and said
provisions shall be deemed a part of this Agreement, as,tl ought fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at'no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR In the performance of work, duties, and obligations under this
Agreement'' CONTRACTOR is.at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by
virtue of this Agreement to receive from County any form of employee benefits including but not limited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
74. CONTRACTOR.; shall be, solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social security, arising out of CONTRACTOR'S performance of this
Agreement In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless
from any and all liability, which County may incur because of CONTRACTOR'S failure 6` yasuch taxes.
14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage
pre paid mail to the County and CONTRACTOR'S contract administrators at the. addresses listed below:
FOR COUNTY:.
Debby Bradshaw, Management Analyst III.
Name and Title
168 West Alisal Street, Third Floor
Salinas, CA 93901
Address
831-755-5338
FOR CONTRACTOR:
Mark Bastis, Chair Board of Directors
Name and Title
765 Wave Street
Monterey, CA 93940
Address
831-657-6400
Phone Phone
PSA over 8100,000, Revised 10/09/08 6 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the' CONTRACTOR
15.03 Waiver... Any waiver. of any terms and conditions of this Agreement must. be in writing and signed
by the County and the CONTRACTOR. A waiver of any of the terms. and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04- Contractor: The. term CONTRACTOR as used in this. Agreement includes CONTRACTOR's
officers, agents an d employees actuig on CONTRACTOR's behalf in the performance of this
Agreement
15"05 Disputes CONTRACTOR shall continue to' perform under this Agreement during any dispute.
15 06 Assignment and Subcontracting, CONTRACTOR-shall-not assign, sell, or otherwise transfer its
15.07
County. Notwithstanding any such subcontract; CONTRACTOR shall continue to be liable
for the
interest. or obligations.m this greementithout the prior: wruten consent of the County None of the
ervices covered by this Agreement shall be subcontracted without the prior written. approval of the
performance.:of all.requirements of this Agreement.
assigns, and heirs
bind Ig.;upon and inure to. the benefit. of the parties and their. respective, successors, permitted
County: and CONTRACTOR under this Agreement, to the extent assignable' or delegable, shall be
Successors aid Assigns. This. Agreement and the rights, privileges, duties, and obligations; of the
15-.08 Compliance with Applicable Law. The parties shall. comply with all applicable federal,' state, and
local laws-and regulations,in performing this Agreement.
15.09 Headings The headings are for convenience only and shall not be used to interpret the terms of this
Agreement
15.10 Time is of.the Essence: Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law.` This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over 8100,000, Revised 10/09/08 7 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
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AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
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MONTEREY-U07
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CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
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7/19/2010-U011
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TERM-U012
JULY-U012
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THROUGH-U012
JUNE-U012
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2011,-U012
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AN-U012
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AMOUNT-U012
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2011,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
15.15 Authority. Any individual executing this Agreement on: behalf of the County or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this. Agreement:on: behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Integration. This Agreement., including the exhibits,. represent the entire Agreement between the
supersede all prior negotiations, representations; oragreements,either: written or oral, between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County and. the CONTRACTOR- With. respe-ct to` the. subject matter of this Agreement and shall
County signs': the Agreement:
15.17. Interpretation ofConflictmg Provisions. In the event of any conflict or inconsistencybetween the
provisions of this. Agreement and the Provisions of any exhibit or other attachment to this
agreement, the provisions of this Agreement shall prevail and control:
PSA over 8100,000, Revised 10/09/08 8 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
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AGREEMENT-U02
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AI93682-U03
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7/29/2010-U04
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15351-U05
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MCCVB),-U012
ARTS-U012
COUNCIL-U012
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MCCVB-U012
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IN-U012
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EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB�� IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
COUNTY OF MONTEREY
By:
Date:
By:
Date:
By:
Date
Purchasing Officer
Department Head if applicable)
Board of Supervisors if applicable)
Approved as to Form'
By: Cry
Umunty. counsel
Date: 2/ tom
CONTRACTOR
Monterey Co. Convention & Visitors Bureau
Contractor's Business Name*
PREc DErf
By:
Signature df dietary, Asst. Secretary, CFO,
Treasurer or ssfZ rurer)*
4AI r-
Name and Tits
APPROVED AS TO INDEMNITY/
Approves ah11PQ G E
By:
Date:
County Board of Supervisors' Agreement Number:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability, and non-profit corporations, the full
legal name of the corporation shall be set forth above together with the signatures of two specified officers. If
CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: Monterey County Convention and Visitors
Bureau MCCVB) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
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TERM-U012
JULY-U012
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EXCEED-U012
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AGREEMENT-U012
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TERM-U012
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JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��
EXHIBIT-A
To
Professional Service Agreement
Between
COUNTY ADMINISTRATIVE OFFICE INTERGOVERNMENTAL AND
LEGISLATIVE AFFAIRS
AND
MONTEREY COUNTY CONVENTION & VISITORS BUREAU MCCVB)
Scope of Services / Payment Provisions
A. SCOPE OF SERVICES
A.1 The CONTRACTOR shall provide services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
PURPOSE: To develop and implement programs that will promote Monterey
County as a leisure and business travel destination.
PROJECTS/ACTIVITIES
The MCCVB will continue to develop and implement programs that will attract more
tourists to the County, especially during the off-season periods, as is consistent with
the FY 2010-11 Marketing Plan.
Contractor shall use County funding to implement the programs listed below:
Leisure Marketing
Group Sales
Internet Marketing
Visitor Center and Fulfillment
Communications-Media Relations
The 2010- 2011 MCCVB Marketing Plan is incorporated as part of this Agreement.
Performance Measures
Number of partnerships/collaborations developed within the tourism industry, and
local organizations and companies.
Number of visitors, total visitors dollar spent, communications media equivalency,
group sales new and book leads plus room revenue, web hits, and customer
database, attendance at local events and economic impact.
1
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NO.-U02
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U02
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FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
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COMMISSION-U012
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AS-U012
RECOMMENDED-U012
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EXECUTE-U012
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TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
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TERM-U012
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THROUGH-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��
Number of jobs created directly or indirectly as a result of an increase in lodging
properties.
A.2 The CONTRACTOR shall produce the following written reports or other written
documents deliverables) by the dates indicated below:
DUE DATE REPORT PERIOD
January 31, 2011 July 1, 2010 December 31, 2010 6-month status report)
May 1, 2011 July 1, 2010 March 31, 2011 9-month status report)
May 1, 2011 FY 2011-2012 Annual Work Plan and Budget
July 31, 2011 July 1, 2010 June 30, 2011 12 month final report)
Contractor shall submit a financial report on actual vs. estimated income with each status
report.
The status reports and budget documents shall be in a format approved by the County.
The Overall Economic Development Commission OEDC) and/or the OEDC Grants and
Finance Committee reserve the right to hold an interview with the Contractor as needed.
Contractor shall provide a current board roster with each status report that reflects
representation from all areas of the County. The County reserves the right to comment
on the unincorporated areas' representation and may withhold payment until any disputes
are resolved.
All written reports required under this Agreement shall be delivered to Debby Bradshaw,
Contract Manager, in accordance with the schedule above:
Ms. Debby Bradshaw, Management Analyst III
County of Monterey
Administrative Office Intergovernmental Affairs
168 W. Alisal Street 3`d Floor
Salinas CA 93901
B. PAYMENT PROVISIONS
B.1 COMPENSATION/ PAYMENT
DEPARTMENT shall pay an amount not to exceed $897,423) for the performance of all
things necessary for or incidental to the performance of work as set forth in the Scope of
Work. CONTRACTOR'S compensation for services rendered shall be based on the
following rates or in accordance with the following terms:
Contractor shall submit quarterly invoices. Quarterly payments of $224,355.75 will be
paid to the Contractor, upon receipt of invoices.
2
BIB]
40389-U01
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NO.-U02
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FO89518-U03
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DO94026-U03
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AGREEMENTS-U03
7/29/2010-U04
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15351-U05
9-U06
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APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
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PLANS-U07
SUBMITTED-U07
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MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
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7/19/2010-U011
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TERM-U012
JULY-U012
1,-U012
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THROUGH-U012
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30,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
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AGREEMENT NO. A-11813 - MCCVB��
Contractor payments in advance are required because the Contractor's financial structure
requires cash flow to finance the up front costs of development of public relations and
advertising campaigns and trade shows. Prior to payment of the second quarter and each
following advance, Contractor shall submit a financial report substantiating expenditures
of the prior advance. County shall thereafter review and approve such report.
Contractor shall submit quarterly invoices to:
Ms. Debby Bradshaw, Management Analyst III
County of Monterey
Administrative Office Intergovernmental Affairs
168 W. Alisal Street 3rd Floor
Salinas CA 93901
Contractor shall provide documentation that private sector revenue is being generated to
offset General Administration.
B.3 CONTRACTORS BILLING PROCEDURES
NOTE: Payment may be based upon satisfactory acceptance of each deliverable,
payment after completion of each major part of the Agreement, payment at
conclusion of the Agreement, etc.
C. OTHER PROVISIONS
The Intergovernmental and Legislative Affairs Director or his designee must approve any
modifications or amendments to the above scope of work, budget, or funded activities.
Contractor shall acknowledge the Monterey County Board of Supervisors for their
funding contribution on appropriate material/publications.
The Contractor shall provide the Intergovernmental and Legislative Affairs Director or
his designee with a copy of any written or visual publications funded under the terms of
this agreement.
3
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AGREEMENT-U02
NO.-U02
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105-ADMINISTRATION-U08
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AGREEMENT NO. A-11813 - MCCVB��
Monterey County Convention & Visitors Bureau
FY 10-11 Work Plan
Executive Summary
Organization
al Goals and
Objectives
E
MCCVB Business Plan Model figure 1)
Budget
Allocation
Current'
11
& New
Markets I
IM
Generates
Visitors and
Definite Room
Nights
The Monterey County Convention and Visitors Bureau MCCVB) FY 10-11 Work Plan establishes a
foundational and fundamental business plan/model prioritizing dollars to efficiently generate key
business results. The work plan's intent is to parallel the organizations program of work with the
customers marketing and sales cycle in the decision to purchase travel see figure 1, la, 1b).
The FY 10-11 Business Plan integrates five important organizational steps that align process with
generating business opportunities and results. The first step is to establish organizational goals and
objectives that develop actionable strategies and tactics to generate visitor business opportunities.
These objectives, strategies and tactics incorporate step two, the establishment of sound business
rationale that prioritize a return on bed tax dollars with customer markets that produce results. In FY 10
11 budget allocations step three) will be invested in current and new target markets step 4)
opportunities that aim to diversify County of Monterey's current customer base and minimizes
dependency on one type of visitor.
Step five ensures that MCCVB reaches and promotes the County of Monterey's travel product to
various channels leisure and group customers use during their research to buy. The sources of MCCVB's
channels of distribution will contain traditional and online opportunities to mirror the various means
leisure and group customers search for destination information. Additionally, MCCVB's group sales
effort will heavily focus on the use of direct sales activities that establish and create group customer
relationships and loyalty.
Attention if Interest
Marketing Cycle figure 1 a)
Customer
Committment
1
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40389-U01
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LI21329-U03
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AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
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7/29/2010-U04
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15351-U05
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2010-11-U07
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PLANS-U07
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105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
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BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Sales Cycle figure 1 b)
Organizational Goals & Objectives
Organization goals and objectives will focus on key performance indicators KPI's) that measure visitor
generation and definite room night production for the entire county. MCCVB's main organizational goal
will be to generate business opportunities that produce hotel definite room nights. The production of
hotel definite room nights will ensure that visitors stay overnight and utilize both hotel and non-hotel
visitor services.
The production of visitor generation and definite room nights will be in both the leisure and group
meetings market. MCCVB will coordinate and align our Marketing, Communication, Group Sales,
Membership and Visitor Services objectives, strategies and tactics in support of this main organizational
goal effort.
Key Performance Indicators KPI's)
The following are MCCVB's Key Performance Indicators
1. STR Report Occupancy, RevPAR, Average Daily Rate)
2. Group Definite Room Nights
3. Marketing
Traffic to seemonterey.com
Multi-night visits
Awareness/Impressions
4. Communication
Media placements
Media assisted
Media fams
5. Web Site
Number of visits
Time on site
Page per visit
6. Visitor Center
Number of Welcome Center visitors
Number of surveys taken
2
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
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LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Target Markets
The following are key target markets for the County of Monterey
Leisure Markets:
Primary Target Audience:
Active Savvy Traveler
Demo: Adults, college educated or higher, $75k+ annual income
Behavior: Travel influencer, friends ask for advice
Behavior: Taken more than 1 intra-CA trip in the last 6 to 12 months
Geo: Currently lives in SF Bay Area, Sacramento, or LA
Internet Usage:
o 5 or more times a day 233 index
o 2-4 times a day= 141 index
o Once a day 115 index
Secondary Target
Traveling Audience:
Mom/ Family
Demo: Women, married with 1 or more children 18, some college or higher, $100k+ annual
income
Behavior: Travel influencer, friends ask for advice
Geo: Currently lives in SF Bay Area, Sacramento, or LA
Internet Usage:
o 2-4 times daily 181 index
o 5 or more times a day 163 index
o Once a day 102 index
Group Markets:
State Association
Regional Association
National Association
Corporate
Government State and Federal)
Social, Military, Ethnic, Religious, Fraternal SMERF)
Travel industry
3
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
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LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
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PLANS-U07
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MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Channels of Distribution
The following are various channels of distribution MCCVB will focus to generate business opportunities:
Leisure
Advertising
Fall and Spring Campaigns 90% online/10% traditional)
See Yourself" in Monterey new brand position incorporated in all levels of advertising)
Integrated online campaigns targeted and ability to immediately change if not working)
Print/Outdoor traditional formats reinforcing County of Monterey brand)
Promotions
Web Site linkage
Theme Packages
Search Engine Marketing
California and key consumer feeder markets
Drive traffic to seemonterey.com
Web Site
Search engine marketing campaign
Social Media Facebook, Twitter, etc)
New Deals
eNewsletter
Subscribers
History and Heritage Tourism Gozaic.com
Communication & Public Relations
Media releases
Media placements
Media promotions
Media outreach
Media Missions
Media Familiarization Trips
Publications
Community Relations
Group Sales
Direct sales activities
Individual customer site visits
Group Meeting Promotions email blast, group planner contests, e-Newsletter etc)
Online Advertising/Print Advertising
Client Events/Tradeshows
4
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Budget Allocations: MCCVB's FY 10 11 budget allocations will be the following:
FY 10 11 Budget: $4,245,693
Marketing: 40% Advertising, Promotions, SEM, Website, Visits, Unique Visitors,
$1,491,700 Subscribers, Site Enhancements)
$ 212,686 Internet)
Sales: 28% Group leads and definite room nights Direct sales activities)
$1,174,037
Communication: 9% Releases, Placement, Outreach, Media Fam Trips, Publications)
$365,480
Sub-total: 77% Marketing, Sales and Communications represents 77% of total
operating budget
$3,243,903
Membership: 2% Membership expenses)
$72,000
Visitor Services: 9% Visitor Center expenses)
$380,880
Administration: 12% Rent, telephone. stationary/office supplies etc)
$488,010
$60,900 TID Management)
5
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Calendar of Activities
MCCVB will create a fiscal calendar of activities that will incorporate ten categories of marketing and
sales platforms. Each platform will contain the opportunity for MCCVB members to participate and also
include self-directed activities that MCCVB Departments will execute to generate business opportunities
for the County of Monterey.
Promotions
Co-ops
Leisure
Group
Familiarization
Trips
Media
Group Sales
Travel industry
Leisure
and Group
Customers
Direct Sales
Activities
Group Mai kets
Site Inspections
Publications
Leisure
Group
Communication
Leisure
Group
Website
online
6
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11813 - MCCVB��Summary
The FY 10 11 Work Plan is a high-level view of how the Monterey County Convention & Visitors
Bureau will accomplish it mission to actively market, advertise, and promote to the public the full range
of destination assets for recreational, cultural, environmental, business and visitor travel that are
available in Monterey County.
The key steps laid out in the work plan will be translated into specific action steps in MCCVB's FY 10 11
Marketing Plan that will be released at the end of May. Both the FY 10-11 Work Plan and the FY 10-11
Marketing Plan will jointly emphasize the philosophy of generating business opportunities that lead to
overnight visitors and definite room nights.
It is important to note MCCVB's supports non-hotel business members in our work plan and marketing
plan. Although the weight of the workplan stresses overnight visitors and definite room nights. It is a
proven reality that overnight visitiors leisure/group) who generate definite room nights also require
additional visitor services for their vacation or group meetings. The growth of of our overnight leisure
and group customer is paramount to the future success of our visitor industry and the County of
Monterey.
Also vital is to remind ourselves ofthe significant need to market and attract visitors and conventions to choose
Monterey County as preferred destination. MCCVB continues this program in order to protect and grow the tourism
industry that creates 21,200 jobs throughout the County, provides $41.4 million in tax revenues and
generates $2 billion in spending.
7
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11813-U02
U02
MCCVB-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94026-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
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DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
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ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICES
MORE THAN $100,000)*
This Professional Services Agreement Agreement") is made by and between the County of Monterey, a
political subdivision of the State of California hereinafter County") and:
Arts Council for Monterey County ACMC)
hereinafter CONTRACTOR").
In consideration of the mutual covenants and conditions set forth inthis Agreement, the parties agree as
follows:
1. SERVICES TO BE PROVIDED. TheCounty hereby engages CONTRACTOR to perform, and
CONTRACTOR hereby agrees to. perform, theservices described in Exhibit A iii. conformity with the terms of
this Agreement: general Provide diverse cultural arts offerin for1Montere eCounty r s dents
g y County and visitors.
2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the. payment
provisions set forth in Exhibit A, subject to the limitations, set forth' in this Agreement. The total amount
payable by County to CONTRACTOR under this Agreement shall not exceed the. sum of $ 236,920
3 TERM OF AGREEMENT The term of this Agreement is from July 1 2010 to
June 30, 2011
unless sooner terminated pursuant:! to the, terms of this Agreement. This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last, and CONTRACTOR may: not commence work before County signs this Agreement.
4. ADDITIONAL PROVISIONS/EJmITS. The, following attached exhibits are incorporated herein by
reference and constitute a part of this Agreement:
Exhibit A Scope of Services7Payment Provisions
Exhibit. B. FY 2010-11 ACMC Work Plan
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR'S agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the, services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County.
5.02. CONTRACTOR, its agents, employees; and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR. may submit such invoice periodically or at the
completion of services,-but in any event, not. later than 30 days, after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period; together,with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the County may require. The
Contract Administrator or his or her. designee shall certify the invoice; either in the requested amount or in such
other amount as the County approvesin conformity with this Agreement, and shall promptly submit such
d
invoice to the County Auditor-Controller for. payment: The County Au
certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not receive reimbursement for travel expenses unless set forth in this
7 01 During the term of this Agreement, the County:, may terminate the Agreement for any reason by
giving written notice of termination to the CONTRACTOR at least thirty(30) days prior to the effective date of
termination. Such notice. shall set forth the effective date of termination. In the event of such termination, the
amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of
termination
7.02 The County may cancel and terminate this Agreement for good cause effective immediately upon
written notice to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner provided under; this Agreement. If County terminates this
Agreement for good cause, the County may be relieved of the payment.: of any consideration to
CONTRACTOR, and the County may proceed with the work in any manner, which County deems proper. The
cost to the County shall be deducted from any sum due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION CONTRACTOR shall indemnify, defend, and hold harmless the County, its
officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever
including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)
occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services,
materials, or supplies in connection with the performance of this Agreement, and from any and all claims,
liabilities, and losses occurring or resulting to any. person, firm, or corporation for damage, injury, or death
arising out of or connected with the CONTRACTOR's performance of this Agreement, unless such claims,
liabilities, or losses arise out of the sole negligence or willful misconduct of the County. CONTRACTOR's
performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide a certified copy of the policy or policies.
This verification of cover. age shall be sent to the' County's, Contracts/Purchasing Department,
unless otherwise directed. The Contractor: shall not receive a Notice to Proceed" with the work
under this Agreement until. it has obtained all insurance required and such, insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the liability
of the Contractor.
Best's Key Rating Guide or a company of, equal financial, stability that is approved. by the
All coverage's, except surety, shall be issued by: companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- VII, according to the current
County's Purchasing Manager.
throughout the term of this Agreement a policy or policies of insurance with the following
Without limiting CONTRACTOR's duty to indemnify; CONTRACTOR shall maintain in effect
minimum limits of liability:
including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability,
Comm ercial general liability insurance including but not limited to premises and operations,
Broadform Property: Damage; Independent Contractors, Products and Completed Operations, with
a combined single limit for Bodily Injury and Property Damage of not less thaft $1,000,000 per
occurrence.
Exemption/Modification Justification attached
subject to approval).
Business automobile liability insurance; covering all motor vehicles, including owned, leased,
non owned, and hired vehicles, used in providing services under this Agreement, with a combined
single' limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this
Agreement, in accordance' with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail coverage shall continue for at least three
years following the expiration or earlier, termination of this Agreement.
Exemption/Modification Justification attached;. subject to approval).
9.04 Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County and
issued and executed by an admitted insurer authorized to transact Insurance. business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis, or, if the policy is not written on, an occurrence basis, such policy with the
coverage required herein shall continue in effect fora period of three years following the date
CONTRACTOR completes its performance of services under this Agreement;.
Each liability policy shall provide that the. County shall be given notice in writing at least thirty
days in advance of any endorsed reduction in coverage or; limit, cancellation,. or, intended non-
renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with
respect to claims arising from each subcontractor, 0aatiy, performing work under this Agreement,
or be accompanied by a certificate of insurance from each subcontractor showing each
subcontractor. has identical insurance coverage to the above requirements.
Commercial general liability and automobile. liability polt'ctes shall provide an endorsement
naming the County of Monterey its officers: agents, and employees' as Additional Insureds with
respect to liability arising out of the` CONTRACTOR'S work including ongoing and completed
operations and shall rther rovide that such insurance is rimary insurance to any insurance or
P
self-insurance maintained by the County. and that the insurance P of the Additional' Insureds shall
not be'called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is SO Form CG
20 10' 11-85' or CG 20 10 10 01 in'!. tandem with CG: 20 37 10 01 2000): The required
endorsement form for Automobile Additional Insured endorsements ISO For CA 20 48 02 99.
Prior to'. the execution of this Agreement by the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01 Confidentiality. CONTRACTOR, and1 its officers, employees, agents, and,,. subcontractors shall
disclosure of any such confidential records or infon!rtton.CONTRACTOR' shall not use any
confidential information gained by CONTRACTOR mthe performance of this, Agreement except
for the sole purpose of carrying out' CONTRACTOR'S obligations under this Agreement.
information: CONTRACTOR. shall promptly- transiiut to County any and all requests for
comply. with any and all federal, state,. and local laws, which provide for the,. confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
ty P Pared with the performance
confidential information received from the Coun. or re m connection
of this. Agreement, unless County' specifically permits CONTRACTOR to disclose' such records or
10.02 County Records. When this Agreement expires or:.terminates, CONTRACTOR;. shall return to
10.03
services under this Agreement.
County any County records: which CONTRACTOR used or received from County to perform
negotiation, audit exception, or other action relating to this Agreement is pendin-
t at the end of the
ree: year period, then,CONTRACTOR shall retain said records until such action is resolved.
least three years after receipt of final, payment under this Agreement If any, litlgatlon claim,
records that may berequired by federal, state, and County rules and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records for: a period of at
Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve� all reports and
10.04 Access to and Audit of Records. The County shall have. the right to examine, monitor and audit
all records, documents, conditions, and activities of. the CONTRACTOR: and its subcontractors
related: to services provided under: this Agreement Pursuant to Governt,Codesection 8546.7,
if this Agreement involves the expenditure; of public funds in excess of $10,000;. the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters connected with the
performance of this Agreement for a period of three years after final payment under the
Agreement.
10.05 Royalties and Inventions. County shall, have a:royalty-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-1l
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
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7/29/2010-U04
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15351-U05
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2010-11-U07
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AGREEMENT-U012
MCCVB-U012
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C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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ACMC-U012
TERM-U012
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THROUGH-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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AGREEMENT-U012
MCFC-U012
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THROUGH-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��11. NON-DISCRIlVIINATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded with monies received by the County, pursuant to a contract with: the state or federal
government in which the County is the grantee, CONTRACTOR. will comply with all the provisions of said
contract, to the extent applicable. to CONTRACTOR as a subgrantee under, said contract, and said
provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at no cost to. CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this
Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any, manner, and CONTRACTOR shall not become entitled by
virtue. of this Agreement to receive from County any form of employee benefits including but not li ited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social. security, arising out of CONTRACTOR's performance of this
Agreement. In connection therewith. CONTRACTOR shall defend, indemnify, and hold County harmless
from. any and all liability, which County may incur because of CONTRACTOR's failure to pay, ssuch taxes.
14. NOTICES. Notices required.under this Agreement shall be delivered personally or by first-class, postage
pre paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed'below:
FOR COUNTY:
Debby L. Bradshaw, Management Analyst III
Name and Title
FOR CONTRACTOR:
Richard Anderson, President
Name and Title
168 West Alisal Street, Third Floor
Salinas, CA 93901
Address
831-755-5338
P. O. Box 7495
Carmel, CA 93921
Address
831-622-9060
Phone Phone
PSA over $100,000, Revised 10/09/08 6 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
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7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
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APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
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COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
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THROUGH-U012
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IN-U012
AN-U012
AMOUNT-U012
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EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the CONTRACTOR.
15.03 Waiver. Any waiver of any terms and conditionsof this Agreement must be in writing and signed
by the County and the CONTRACTOR. A waiver. of any of the. terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's
officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this
Agreement.
15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its
interest or obligations in this Agreement without the prior written consent of the County None of the
services covered by this Agreement shall be subcontracted without the prior written approval: of the
County. Notwithstanding any such subcontract. CONTRACTOR shall continue to be liable for the
performance of all requirements of this Agreement."
15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the
County and CONTRACTOR under this Agreement, to the extent assignable or delegable,' shall be
binding upon and inure to the benefit, of the parties and their respective successors, permitted
assigns, and heirs.
15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
15.09 Headings. The headings are for convenience only and.shall not be used to interpret the terms of this
Agreement.
15.10 Time is of theEssence. Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law.This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over 8100,000, Revised 10/09/08 7 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
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C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
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D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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AN-U012
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MCFC-U012
TERM-U012
JULY-U012
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THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
15.15 Authority. Any individual executing this Agreement on behalf of the County or the
CONTRACTOR represents and warrants hereby that he or, she, has the requisite authority to enter
into this:Agreementon behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement between the
County and the, CONTRACTOR with respect to the. subject matter of this Agreement and shall
supersede all prior negotiations, representations, or agreements, either written or oral,' between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County signs the Agreement.
15.17 Interpretation of. Conflicting Provisions. In the event of any conflict or inconsistency between the
provisions of this Agreement and. the Provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
This space left blank intentionally
PSA over 5100,000, Revised 10/09/08 8 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
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JUAREZC-U10
7/19/2010-U011
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BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
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ECONOMIC-U012
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OEDC);-U012
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C.-U012
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2011,-U012
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D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
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AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
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IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC�� IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
By:
Date:
By:
Date:
By:
Date:
COUNTY OF MONTEREY
Purchasing Officer
Department Head if applicable).
Board of Supervisors if applicable)
Approved as to Form
By
Date:
Approved.as to Fiscal P,rovi
By:
ey e-~4 Z
Counsel
IIAA;' TW
Au 7C Her
Date: RISK. MANAG.EME
COUNTY OF MON REY
APPR~OVED A~,S,,,ppTO INDcMNITY/
4pprolmbri i-V RdU t E
By:
By
Date: Date:
CONTRACTOR
Arts Council for Monterey County
Contractor's Business Name*
By:
Signature of Chair, President, or
Vice-President).*
Richard Anderson, President
Name and Title
Date: r~(
Bv:
Date:
Name and Title
County Board of Supervisors' Agreement Number:
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full
legal name of the corporation shall be set forth above together with the signatures of two specified officers. If
CONTRACTOR is a partnership, the name of the partnership shall beset forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
2Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Asst. Treasurer)*
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: Arts Council for Monterey County
ACMC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94027-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
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B.-U012
AUTHORIZE-U012
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OFFICER-U012
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MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
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2011,-U012
IN-U012
AN-U012
AMOUNT-U012
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EXCEED-U012
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AUTHORIZE-U012
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OFFICER-U012
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EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
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THROUGH-U012
JUNE-U012
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2011,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
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CONTRACTS/PURCHASING-U012
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TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
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TERM-U012
JULY-U012
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THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��
EXHIBIT-A
To
Professional Service Agreement
Between
COUNTY ADMINISTRATIVE OFFICE INTERGOVERNMENTAL AND
LEGISLATIVE AFFAIRS
AND
ARTS COUNCIL FOR MONTEREY COUNTY
Scope of Services / Payment Provisions
A. SCOPE OF SERVICES
A.1 The CONTRACTOR shall provide services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
PURPOSE: To strengthen Monterey County's economy and enrich the quality of
life by nurturing and promoting artists, artisans, arts presenters and designers.
PROJECTS/ACTIVITIES
Cultural Arts Program. The Arts Council for Monterey County shall develop and
implement a Cultural Arts Promotion Program that is consistent with the FY 2010-
2011 Annual Work Plan.
Arts and Education
Arts Programming
Audience Development
Collaborative efforts serving youth and families with the greatest needs
Creative Industries
Cultural Tourism
Public Art
Regranting
Monterey County Rotating Artwork in County Administrative Building
To support and promote local Monterey County artists and to beautify County owned
buildings, Contractor shall implement the art program in conjunction with the County
of Monterey to display artwork in the public lobbies and public accessible conference
rooms at the County Government Center Administration Building, located at 168
West Alisal Street, Salinas, CA 93901, as follows:
1
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11814-U02
U02
ACMC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
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AGREEMENT NO. A-11814 - ACMC��
Acknowledgement of the Monterey County Board of Supervisors
The Monterey County Board of Supervisors shall be acknowledged for funding contribution
and support of any project funded under this program. It is the responsibility of the ACMC
to ensure that funded organizations are aware of this stipulation. Failure to acknowledge the
Board of Supervisors/County may result in projects being deemed ineligible to receive future
funds.
Incorporation of the Arts Council Work Plan
The FY 2010-2011 Arts Council Annual Work Plan is incorporated as part of this
Agreement.
Performance Measurements
The Arts Council programs focusing on the Creative Industries are likely to double
employment in this area in just the next few years. Each year, the Contractor will incorporate
a complete report that will incorporate all of the following:
o Monterey County Employment Data published by the Monterey County Business
Council, independent research IMPLAN report http://www.implan.com/), Arts
Council surveys of arts presenters, artists, artisans and designers.
o Number of partnerships/collaborations developed and the economic outcome.
o Number of jobs retained/created due directly or indirectly to the Cultural Arts
Program.
A.2 The CONTRACTOR shall produce the following written reports or other written
documents deliverables) by the dates indicated below:
DUE DATE REPORT PERIOD
January 31, 2011 July 1, 2010 December 31, 2010 6-month status report)
May 1, 2011 July 1, 2010 March 31, 2011 9-month status report)
May 1, 2011 FY 2011-2012 Annual Work Plan and Budget
July 31, 2011 July 1, 2010 June 30, 2011 12 month final report)
Contractor shall submit a financial report on actual vs. estimated income with each status
report.
The status reports and budget documents shall be in a format approved by the County.
The Overall Economic Development Commission OEDC) and/or the OEDC Grants and
Finance Committee reserve the right to hold an interview with the Contractor as needed.
3
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AGREEMENT NO. A-11814 - ACMC��
B.3 CONTRACTORS BILLING PROCEDURES
NOTE: Payment may be based upon satisfactory acceptance of each deliverable,
payment after completion of each major part of the Agreement, payment at
conclusion of the Agreement, etc.
C. OTHER PROVISIONS
The Intergovernmental and Legislative Affairs Director or his designee must approve any
modifications or amendments to the above scope of work, budget, or funded activities.
Contractor shall acknowledge the Monterey County Board of Supervisors for their
funding contribution on appropriate material/publications.
The Contractor shall provide the Intergovernmental and Legislative Affairs Director or
his designee with a copy of any written or visual publications funded under the terms of
this agreement.
5
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AGREEMENT NO. A-11814 - ACMC��
ARTS,. COUNCIL
MONTEREY COUNTY
WORKPLAN
2010-2011
Presented by
Paulette Lynch, Executive Director
May 3, 2010
www.artsf ormontereycounty.o rg
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AGREEMENT NO. A-11814 - ACMC��The Mission
The Mission of the Arts Council for Monterey County
is to enrich the quality of life for everyone through the arts.
The Vision
Our vision is a vibrant, sustainable, and responsive arts sector making Monterey County
The best place in the world to visit, work and live
Leveraging County Support
The Arts Council will continue to leverage county funding approximately 2:1) through
diversified income streams:
4- Grants
o Local
o Regional
o State
o Federal
Special Events Champions of The Arts
1= Direct Mail Campaigns September, December, March
4- Major gifts campaign Including Endowment and Special Projects
Earned income
o Donated art auction,
o art calendar sales,
o new gallery commissions
Governance
There have been no substantial changes to our governance structure recently. All five
supervisorial districts are equally represented. Board meetings are held once a month with the
board president or vice president chairing the meeting. A planning retreat is held annually. 51% is
the specified quorum. Board members adhere to Robert's Rules of Order.
The Board is organized in teams that meet once per month in addition to the regular board
meeting: The Executive Team sets the agenda, reviews financial and personnel matters and leads
the annual retreat The Development and Communications Team guides fundraising and marketing
efforts. The Programs Team develops program objectives, reviews grant applications and
supervises the Regranting process. Board members, panelists and reviewers are recruited from all
areas of the county, all ages and all occupations.
The board is supported by a part-time staff 2.5 fte) Executive Director Paulette Lynch, MA) who
manages all aspects of the organization and is in turn supported by Arts and Education Director
Laurie Myers), Business Manager Debbie Ellis) and Administrative Assistant Klara Hickmanova)
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AGREEMENT NO. A-11814 - ACMC��OVERVIEW
The Arts Council for Monterey County Arts Council) is a 501�(3) nonprofit arts
organization serving the children and families of this region since 1982. The Arts Council was
created by a varied group of local arts, civic and business leaders led by the legendary Ansel
Adams. The Arts Council engages hundreds of artists, arts educators and arts organizations to
take a leadership role in creating an arts sector that is vital, relevant and responsive to every
Monterey County resident. Our programs are more vital today than ever uniquely nurturing and
promoting a vibrant economy, comprehensive education, and a safe, welcoming and healthy
community.
The Arts Council has been a partner with the Monterey County Board of Supervisors for
over twenty five years, receiving funding from the Development Set-Aside program and guidance
from the Overall Economic Development Commission OEDC). County support has been critical to
every program we provide including grant funding to fifty nonprofits and the programs and
services that further leverage that funding. However, even during the most challenging years, the
Arts Council board and staff have been able to double county support on a cash basis and
leverage even more support on an inkind basis with a wide array of sources including major
partners from outside the county. For example, thanks to stimulus funds distributed on a
competitive basis through the California Arts Council, the Arts Council was able to restore an
important staff position and stabilize staffing overall. Grant support from and collaborations with
Community Foundation for Monterey County, James Irvine Foundation and the Packard
Foundation, have given us to the tools to successfully expand opportunities, deepen participation
and inspire excellence in every area of the county- Our grantees take this leverage even further
through their own efforts in fundraising and ticket sales. Unfortunately, as Arts Council county
funding declines, funding to the whole sector may decline as well, limiting our ability to provide
direct support and potentially reducing this leverage.)
Arts Council services help everyone engaged in the arts and creativity develop and
strengthen their businesses, retaining and developing job opportunities. Our board represents all
five districts. Our staff and board members are dedicated to ensuring that all Monterey County
residents especially our youth have the opportunity to access the advantages of participating
in the arts. All are dedicated to expanding the potential of our creative economy. We take a
comprehensive approach, utilizing six key strategies Assess the greatest need and best
opportunities; Grant to nonprofits providing the best services; Train and consult with nonprofits and
others to leverage grants and other resources; Network with others throughout the region
concerned with that area; Partner with others who have complementary skills, resources and
connections; Promote the work of the arts sector in providing these unique opportunities to improve
our quality of life.
Page 3-of13
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AGREEMENT NO. A-11814 - ACMC��In the past few years, the Arts Council has been especially successful in reaching out to the
underserved residents in our community. We help current arts presenters connect more effectively
with our community through competitive grant funding, professional development and promotion.
We create new arts programming for residents with limited access in partnership with Monterey
County Free Libraries, Center for Employment Training and CHISPA, Caminos Del Arte and the
Alisal Center for the Fine Arts among others. Despite great challenges, we continue to serve
thousands of students with the greatest needs through the Professional Artist in the Schools
Program and we have improved our program to create more impact for the students, their schools
and their families.
We also develop the economic potential of our artists, arts educators and arts presenters.
In 2007, the Arts Council launched Creative Monterey County: An Action Plan for the Arts which
still serves as the basis for our strategic plan including identifying critical issues and unmet
needs, developing partnerships, programs and promotion- In 2009, when consultant Louise
Stevens a national leader in the synergies of arts and the economy conducted a follow-up
study, she found that there are already over 11,000 people employed in jobs that primarily depend
on creativity an increase of 11 % from the prior year. From the solo jeweler in Carmel Valley
exporting original designs all over the state to the Monterey Sculpture Center in Marina employing
27 people exporting bronze sculptures all over the world, the creative entrepreneurs of our county
have an output of nearly $1 billion ahead of recreation and just behind health care. Our total
impact is even greater.) We will conduct a complete update of this Plan later this year, thanks
again to the support of the James Irvine Foundation and our partnership with the Community
Foundation for Monterey County.
The following pages provide details of our goals and strategies in key program areas: our
community, our economy and education. Although county funding does not specifically support
our efforts in arts education, there is so much synergy in our strategies and results overall, we
have included those details here as well.)
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40389-U01
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AGREEMENT NO. A-11814 - ACMC��Our Partners
COMMUNITY
Access Monterey Peninsula
All Nonprofit Arts Organizations
California Arts Council
CHISPA
Community Foundation For Monterey County
Local Arts Councils such as Marina Arts Council
The Monterey County Film Commission
Greenfield Rotary Club
Monterey County Public Libraries
OEDC/Monterey County Board of Supervisors
Packard Foundation
PictureMonterey.org
EDUCATION
All Monterey County School Districts
Carmel Gallery Alliance
CSUMB Visual and Performing Arts Program
First Five Monterey County
Monterey Bay Aquarium
Monterey County Office of Education
ECONOMY/Tourism
OEDC/Monterey County Board of Supervisors
Monterey County Convention and Visitors Bureau
Select arts organizations
Destination Salinas
Monterey County Business Council Clusters Program
Monterey County Vintners and Growers Association
Destination Salinas
ECONOMY/The Creative Industries
Animation Summer Camps
Artists Equity
CSUMB
Monterey Bay Film Festival
Monterey County Office of Education
Workforce Investment Board
Monterey County Business Council
Page-5-of 13
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AGREEMENT NO. A-11814 - ACMC��Program Plans
1. COMMUNITY
The arts help children and adults connect to our heritage and imagine a positive, productive future,
transcend daily struggles and communicate hopes and dreams. Participating in the arts helps
individuals to succeed; a healthy arts sector helps a community to flourish. One priority of the Arts
Council in 2010-2011 is to continue to expand opportunities in the arts especially for those in our
communities with the greatest challenges and the least access.
Goal 1) Assess. cultural assets and cultural needs
4- Review Action Plan and Assess Progress To Date
4- Conduct district forums in each supervisorial district
4- Create wiki-based directory for web publication
4- Launch Update on California Arts Day First Friday in October)
Goal 2) Strengthen capacity of arts presenters to serve a more diversified audience
I- Conduct annual survey of arts presenters to determine needs for research, professional
development and promotion
Convene annual arts marketing symposium with nationally prominent speakers and
consultants
1= Broadly publish and share results and analysis of AMBAG current demographic and
psychographic information and related regional trends to help arts presenters better
understand the changing needs of county residents
4- Further develop special arts presenters section on the Arts Council website to disseminate
current and ongoing local, national research affecting arts presenters
4- Convene monthly meetings of arts presenters on topics of arts marketing featuring guest
speakers and networking opportunities and add follow-up postings on the website with
speaker highlights, additional resources and potential next steps
4- Renew the arts presenters on-line discussion group for daily and weekly exchanges of
ideas
4- Fund and promote Spanish-language efforts such as Noche Bohemia in Salinas and King
City; identify and support arts groups that have the capacity to reach underserved
communities e.g First Night Monterey in Greenfield..)
4- Provide scholarships and mentorships for Spanish speakers to participate throughout the
county e.g., scholarships to East Salinas youth to attend Pacific Grove Art Center classes
1= Support First Friday Artwalk and Caminos Del Arte in Salinas by connecting presenters with
local talent from other areas of the city and county
Page-6-of 13
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AGREEMENT NO. A-11814 - ACMC��Goal 3) Identify and nurture new arts presenters
4- Invite a broad, diverse array of people to the focus groups in each supervisorial district
4' Conduct informational interviews with all informal nonprofit cultural groups e.g, Monterey
Bay Lion Dance Team) to determine grant eligibility, needs and share information about
available resources with the Arts Council and beyond.
4' Provide special grant support for new programs and organizations that target underserved
regions or populations with extensive media campaign including Spanish-language, local
and new media) regarding grant funding available
Provide free consultations to all new and emerging groups as needed with tracking sheet
and follow-up plan to document progress and potential
4' Support new and emerging local arts networks through consultations, sponsorship and
active membership as needed e.g., Artists Equity, Salinas Valley Arts Association)
4' Continue partnerships with Monterey County Free Libraries, State Parks, etc. targeted to
underserved in region.
Goal 4) Support Mobile and Permanent Art Centers in Underserved Communities
4- Provide grant support and consultations as needed Alisal Center for the Arts E. Salinas)
and Sol Treasures King City) to and SoMoCoCAT to strengthen organization and diversify
resources
4' Support taskforce in Greenfield for Arts Center as wing of Tom Rodgers Museum
4' Support taskforce of permanent Southern Monterey County Center for Arts and Technology
in Center for Employment Training, Soledad
4' Continue support of weekly arts classes in Greenfield and Soledad at host sites including
CHISPA with a focus on access for low-income families
4' Explore and Develop the ArtBus" mobile art center)
Goal 5) Create a New Arts and Healing Program
Building on highly successful pilot projects in 2009, this program would focus efforts on residents of
our communities including who need more intensive and coordinated professional intervention
including incarcerated youth, incapacitated seniors, etc.
Assess greatest needs and opportunities
4' Provide grant support and consultation to organizations such as Compassionate Care
Alliance, and Creative Edge
4' Network with arts and healing providers to share best practices, resources and support
4- Partner with agencies such as Serrena Center for Integrated Therapies to incorporate the
arts in their overall approach
4' Promote the value of specialized art programs to energize and catalyze the healing process
Page-7-of 13
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AGREEMENT NO. A-11814 - ACMC��Goal 6) Increase public awareness of and access to opportunities in the arts
Create a campaign to promote our MontereyBay365 our license with Artsopolis.com in
partnership with the Monterey County Business Council/ Creative Tech Cluster
4- Further expand the arts portal website to conveniently feature more directories and more
details regarding venues, galleries, lessons, instrument exchange, etc. including
community links)
A: Create a new marketing campaign to drive traffic to the website including formal and
informal channels featuring local celebrities that celebrate the role of the arts in their
success.
4- Further expand video documentation of The Arts in Monterey County in English and
Spanish
Sponsor and facilitate arts programming on local cable stations that promotes local artists
and arts organizations
i- Continue video producing capability of grantees and partners via lending library and training
of HiDef cameras
d- Expand assemblies in the schools program, after school or community programs to feature
arts presenters with a special focus on underserved areas of the county
Continue to Support arts for major festivals that reach underserved populations e.g.,
Castroville Artichoke Festival, Steinbeck Center Family Days, Day of the Child celebrations,
Salinas Valley Days)
Facilitate co-op advertising for 3 targeted campaigns similar to Monterey County Museums
ad campaign and brochure Where children explore to learn and adults learn to explores)
4 Recruit and train volunteers to start tweeting; expand use of Facebook; and start a blog
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AGREEMENT NO. A-11814 - ACMC��it. THE ECONOMY / Cultural Tourism
Around the world, more and more people are choosing where to travel on the basis of offerings in
arts, culture and heritage. Cultural tourists stay longer and spend more daily than the average
tourist. Travel Industry Association of America, The Historic/Cultural Traveler, 2003). They are
what Mimi Hahn, Director of Marketing for the Monterey Bay Aquarium, has called amour A+ visitor's
Her recent comprehensive study has shown that effective partnerships between the arts and
tourism will increase occupancy for hotels especially mid-week and shoulder season and
thereby strengthen the arts presenters and increase TOT and sales tax_
Goal 1) Increase and enhance communications among arts presenters and tourism
4- Identify all arts programs that complement mid-week and shoulder season promotions and
recommend partnerships to nearby properties
# Update/share inventory of cultural assets with MCCVB members through concierges
through Monthly highlights by email to all and in person to targeted hotels
4' Represent the arts to the Convention and Visitors Bureau to keep the arts top of mind" for
all staff and members of the MCCVB and learn about how the arts can best connect with
the hospitality industry
Goal 2) Increase number of cultural tourists choosing Monterey County
4- Support the MC CVB/Monterey County brand and disseminate through all grantees
4- Continue to be proactive with MCCVB public relations committee
4- Develop targeted advertising campaigns using niche markets identified by key partners
4- Develop social networks around key areas of interest e.g, jazz, photography, Alta
California) that would encourage regular and repeat visits by cultural tourists
Goal 3) Increase participation of visitors in arts programming
Develop additional Rack Card Update Museums, Promote website, etc.)
Develop Ambassadors Program in association with Convention and Visitors Bureau part of
C2) through recruiting and training volunteers regarding opportunities for visitors in the arts
of our region; support efforts to fund coordinator position
4- Promote a regular e-savers program and other general discount programs through our
website or the CVB website;
Page- 9-of 13
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OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
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1,-U012
2010-U012
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TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��II. The ECONOMY I CREATIVE INDUSTRIES
Creativity is the emergent business strategy of the 21" century at the core of developing the right
products, attracting the most productive workers and nurturing the best businesses. At the 2006
World Economic Forum in Davos, Switzerland the theme was The Creative Imperative" and Bill
Gates presented Microsoft's plan to organize itself in support of the creative economy. A vital arts
sector- including a strong role for the arts in education is essential to effectively develop the
creative industries according to the 2003 study by The Urban Institute entitled Investing in
Creativity A Study of the Support Structure for U. S. Artists. Since each artist has tremendous
potential to become a successful entrepreneur that can both add to the diversity and vibrance of
the local cultural scene and strengthen the economy by creating additional jobs and enticing
visitors. The most successful regions will be those who nurture both the artists as entrepreneurs
and the artists as a primary engine in arts and culture organizations. Arts Council programs will
help build those linkages and connect arts entrepreneurs in our region with the artistic connections,
financing, business planning and promotion they need to grow and expand.
Goal 1: Increase public awareness of the economic impact and potential of the creative
industries
4- Facilitate at least five new projects in The Creative Tech Cluster
A- Participate in the tourism cluster to develop at least one new project
Participate regularly in Chambers of Commerce
Co-Host symposium by national expert such as author Dan Pink for Creative Industries
4- Expand The Masterclass" program designed to drive locals and guests to specialized
training, brand e.g., The Masterciass Monterey County") with a focus on an online
component in partnership with artists and arts presenters
4- Support Monterey Bay Film Festival expansion in cooperation with Rebecca Barrymore And
CSUMB
4- Expand Animation Teaching Festival and summer camps featuring lead animators at
Disney, Pixar and Industrial Light and Magic
Goal 2: Decrease barriers to entry and increase su$tainability
4- Identify and disseminate info on relevant federal grants
4- Support Arts Habitat programs and services to the industry including monthly meetings
4- Strengthen Artists Equity outreach and access to health care, liability insurance
d- Support Monterey County Open Studio Tours through sponsorship, consulting and
volunteer staffing
BIB]
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$897,423;-U012
C.-U012
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AN-U012
AGREEMENT-U012
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1,-U012
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JUNE-U012
30,-U012
2011,-U012
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AN-U012
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TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
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AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��Goal 3: Retain, Promote, Add Jobs
The Arts Council programs focusing on the Creative Industries could' significantly retain and
promote and possibly increase employment in this area even in the next few years- Each year, we
will publish a complete report that will incorporate all of the following: Monterey County
Employment Data published by Monterey County Business Council, independent research
IMPLAN report http://www.implan.com, Arts Council surveys of arts presenters, artists, artisans
and designers.
4- Develop pipeline for workers with traditional barriers to access in partnership
With Workforce Investment Board including youth, people with disabilities
4- Develop micro-loan packages with local lenders and funders such as
Community Foundation Women's Fund, California Traditional Arts Foundation
And Monterey County Business Council each package would include basic
Business development training
Develop business services program for professional artists and adapt for on line, distance
learning
Goal 4) Continue high profile exhibits at the Monterey County Government Center featuring
local artists with high quality work celebrating Monterey County Scenes.
Public Art can help define a space where people want to work and visit. Public Art helps reflect and
shape a community's self-identity.
Strategies:
Establish timeline with County officials;
4 Establish review panel and contract with installer
Send call to artists to all college art departments, galleries and art associations throughout
the county
4 Establish review panel and select estimated 35 of the best presented
install all artwork in designated week and conduct reception
Goal 5) Provide call to artist support for any major public art project, encouraging
competition by local artists including outreach and training as feasible
4. Establish timeline with appropriate staff
A- Establish review panel and contract with installer
Send call to artists to all college art departments, galleries and art associations throughout
the county
Establish review panel and select estimated 35 of the best presented
4 Install all artwork in designated week and conduct reception
BIB]
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THROUGH-U012
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C.-U012
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TO-U012
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AN-U012
AGREEMENT-U012
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JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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EXECUTE-U012
AN-U012
AGREEMENT-U012
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TERM-U012
JULY-U012
1,-U012
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THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��GRANTING
The Granting Process is one of the most vital tools the Arts Council has to reach our goats and
achieve our vision of a vibrant and sustainable arts sector of benefit to all Monterey County
residents and visitors. Funds will be allocated on a competitive basis:to a wide variety of small and
mid-sized nonprofit arts organizations. Priority consideration will be awarded for projects that
substantially and creatively identify, attract, and engage new or expanded audiences e.g., youth,
North County, South County). Grant cycles are held in both Fall and Spring to increase access.
Eligibility
Organizations with annual budgets under $500,000
4. Organizations and Grant Projects must be located in Monterey County
4. The lead applicant is a 501� 3) organization
i= Projects with art as the primary focus
Projects that actively involve the general public
Collaborative Challenge grants must serve an underserved region or
population
Notification and Outreach
Announcements of the availability of grants will be made via mail, email, the Arts Council web site
and press releases to all media in our county. In addition, the grants will be announced in regional
focus groups held in each supervisorial district. As needed, Arts Council staff and volunteers will
provide special sessions for new applications regarding process and/or procedures and to help
develop new ideas. The applicant organizations will represent all disciplines and all cultures and
reflect a very broad range of professional development.
Review and Selection
The Program Team of the Arts Council Board of Directors will appoint panels comprised of
members of the community with diverse perspectives professionally, culturally, and in terms of age
and experience. Panels will have at least five members. At least three members will have
professional expertise and background in the arts. The board will review all panel
recommendations to ensure thoroughness and accuracy and make recommendations to the OEDC
for final approval.
Ratings will be based on the evaluation grids that Arts Council staff provide to the grant panel. The
criteria are based on national research evaluating effectiveness in the arts. Criteria focus on
potential impact of proposed service, overall strength of organization, unique contribution of the
program or service to the region, qualifications of artistic personnel, evidence of community
support, and outreach and audience building plans. Final allocation amounts will be based
according to the rating and the amount of total funding available.
Page-12-of 13
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$897,423;-U012
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1,-U012
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JUNE-U012
30,-U012
2011,-U012
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TO-U012
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$236,920;-U012
D.-U012
AUTHORIZE-U012
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MCFC-U012
TERM-U012
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$113,674.-U012
AGREEMENT NO. A-11814 - ACMC��Ill. Arts in Education
Learning through the arts helps students across the curriculum and inspires them to succeed and
stay in school. The crucial skills, abilities and training are not provided by any other subject and yet
are more and more critical to success in the new workforce critical thinking, problem solving,
team work, and creativity. Champions of Change: The Impact of the Arts on Learning, 1999) Arts
integration is an ongoing focus of the Professional Artists in the Schools Program, exploring
literacy through visual art, dance, theater, poetry and music. Each residency is customized.
Goal 1) Serve at least 5,000 students with the greatest needs
4- Assess current needs of Monterey County Schools
4- Develop an outreach plan for all elementary and middle schools in the Monterey County
School District featuring programs available directly from the Arts Council and by other
nonprofit arts organizations.
4- Create Memorandums of Understanding with at least 20 schools priority Title 1)
Goal 2) Increase capacity to deliver services to students with special needs
4- Train at least three new artist/instructor for Arts and Healing programs e.g, children with
autism)
4- Develop arts and literacy and arts-integrated learning programs for ESL children and their
parents
Goal 3) Increase funding and partnerships in resource development
4- Apply for grants from national funders to support program innovation and expansion
including stimulus funds, media literacy, workforce development
4= Increase number of partners e.g., water districts with funding for outreach e.g., CSUMB
Watershed, Service Learning, Monterey Bay Aquarium
4- Further develop the website as resource with links to current research, resources and
opportunities
Goal 4) Increase impact and develop additional partnerships in service delivery
Train at least 3 community college or university students enrolled in arts or education
programs to assist professional artists at CSUMB, MPC and/ Or Hartnelt College
4- Complete outreach program for Sunset Center, Golden State Theater and other presenters
of national caliber artists to local schools for demonstrations, assemblies and master
classes and for presenters with substantial potential to serve underserved areas e.g.,
SpectorDance, Tonatiuh/Alisal Center for the Fine Arts
4- Create internship for a university or community college student enrolled in the arts or
education to assist director with program research, development and assessment
4- Develop a new series of 3 exhibitions in the same format as MiVida that bring schools and
communities together in partnership with content providers e.g., Monterey Bay Aquarium),
community artists and arts presenters with one in each supervisorial district
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��COUNTY OF MONTEREY AGREEMENT FOR PROFESSIONAL SERVICES
MORE THAN $100,000)*
This Professional Services Agreement Agreement") is made by and between the County of Monterey, a
political subdivision of the State of California hereinafter County") and:
Monterey County Film Commission MCFC)
hereinafter CONTRACTOR").
In consideration of the mutual covenants and conditions set forth in this Agreement, the parties agree as
follows:
1. SERVICES TO BE PROVIDED. The County hereby engages CONTRACTOR to perform, and
CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of
this Agreement. The, services are generally described as follows:
Provide Develop and implement programs that promote Monterey County as a filmmaking destination and
generate increased business, revenues and jobs throughout the County.
2. PAYMENTS BY COUNTY. County shall pay the CONTRACTOR in accordance with the payment
provisions set forth in Exhibit A, subject to the limitations set forth in this Agreement. The total amount
payable by County to CONTRACTOR under this Agreement shall not exceed the sum of S 113,674
3. TERM OF AGREEMENT,:: The term. of this Agreement is from July 1, 2010 to
June 30, 2011 unless sooner terminated pursuant to the terms of this Agreement. This
Agreement is of no force or effect until signed by both CONTRACTOR and County and with County signing
last, and CONTRACTOR may not commence work before County signs this Agreement.
4. ADDITIONAL PROVISIONS/EXHIBITS. The following attached exhibits are incorporated herein by
reference and constitute a part of this Agreement:
Exhibit.A Scope of Services/Payment Provisions
Exhibit B FY 2010-11 MCFC Work Plan
5. PERFORMANCE STANDARDS.
5.01. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR's agents, employees, and
subcontractors performing services under this Agreement are specially trained, experienced, competent, and
appropriately licensed to perform the work and deliver the services required under this Agreement and are not
employees of the County, or immediate family of an employee of the County.
5.02. CONTRACTOR, its agents, employees, and subcontractors shall perform all work in a safe and
skillful manner and in compliance with all applicable laws and regulations. All work performed under this
Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in
accordance with such licensing requirements.
*Approved by County Board of Supervisors on
PSA over $100,000, Revised 10/09/08 1 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
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AGREEMENT NO. A-11815 - MCFC��5.03. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary
to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR
shall not use County premises, property including equipment, instruments, or supplies) or personnel for any
purpose other than in the performance of its obligations under this Agreement.
6. PAYMENT CONDITIONS.
6.01. CONTRACTOR shall. submit to the Contract Administrator an invoice on a form acceptable to
County. If not otherwise specified, the CONTRACTOR may submit such invoice periodically or at the
completion of services, but in any event, not later than 30 days after completion of services. The invoice shall
set forth the amounts claimed by CONTRACTOR for the previous period, together with an itemized basis for
the amounts claimed, and such other information pertinent to the invoice as the County may require. The
Contract Administrator or his or her designee shall certify the invoice; either in the requested amount or in such
other amount as the County approves in conformity with this Agreement, and shall promptly submit such
invoice to the County Auditor-Controller: for payment. The County Auditor-Controller shall pay the amount
certified within 30 days of receiving the certified invoice.
6.02. CONTRACTOR shall not. receive reimbursement for travel expenses unless set forth in this
Agreement.
7. TERMINATION.
7.01. During the term of this Agreement, the County may. terminate the Agreement for any reason by
giving written notice of termination to the CONTRACTOR at least thirty 30) days prior to the effective date of
termination. Such notice shall set forth the effective date: of termination: In the event of such termination, the
amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of
termination.
7.02. The County may cancel and terminate this Agreement for good cause effective immediately upon
written notice. to CONTRACTOR. Good cause" includes the failure of CONTRACTOR to perform the
required services at the time and in the manner, provided under this Agreement. If County terminates this
Agreement for good cause, the County may. be relieved of, tthe payment of. an y consideration to
CONTRACTOR, and the. County may proceed with the work in any manner, which County deems proper. The
cost to the County shall be deducted from any sun due the CONTRACTOR under this Agreement.
8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmless., the County, its
officers, agents,. and employees, from and against any and all claims, liabilities, and losses whatsoever
including damages to property and injuries to or death of persons, court costs, and reasonable attorneys' fees)
occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services,
materials, or supplies in connection with the performance of this Agreement, and from any and all claims,
liabilities, and losses occurring or resulting to any person, firm, or corporation for damage, injury, or death
arising out of or connected with the CONTRACTOR's performance of this Agreement, unless such claims,
liabilities, or losses arise out of the sole negligence or willful misconduct of the County. CONTRACTOR's
performance" includes CONTRACTOR's action or inaction and the action or inaction of CONTRACTOR's
officers, employees, agents and subcontractors.
PSA over $100,000, Revised 10/09/08 2 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
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AGREEMENT NO. A-11815 - MCFC��9.0 INSURANCE.
9.01 Evidence of Coverage:
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of
Insurance" certifying that coverage as required herein has been obtained. Individual endorsements
executed by the insurance carrier shall accompany the certificate. In addition the Contractor upon
request shall provide a certified copy of the policy or policies.
This verification of coverage shall be sent to the County's, Contracts/Purchasing Department,
unless otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work
under this Agreement until it has obtained all insurance required and such, insurance has been
approved by the County. This approval of insurance shall neither relieve nor decrease the liability
of the Contractor.
9.02 Qualifying Insurers:
All coverage's, except surety, shallbe. issued by companies which hold a current policy holder's
alphabetic and financial size category rating of not less than A- VII, according to the current
Best's Key Rating Guide or a company of equal financial stability that is approved by the
County's Purchasing Manager.
9.03 Insurance Coverage Requirements:
Without limiting CONTRACTOR's duty to indemnify, CONTRACTOR shall maintain in. effect
throughout the term of this Agreement a policy or policies. of insurance with the following
minimum limits of liability:
Commercial general liability insurance, including but not limited to, premises and operations,
including coverage for Bodily Injury and Property Damage,, Personal Injury, Contractual Liability,
Broadform Property. Damage, Independent Contractors, Products and Completed Operations, with
a combined single limit for Bodily. Injury and Property Damage of not less than $1,000,000 per
occurrence.
Exemption/Modification Justification attached; subject to approval)
Business automobile liability insurance, covering all motor vehicles, including owned, leased,
non-owned, and hired vehicles, used in providing services under this Agreement, with a combined
single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence.
Exemption/Modification Justification attached; subject to approval).
Workers' Compensation Insurance, if CONTRACTOR employs others in the performance of this
Agreement, in accordance with California Labor Code section 3700 and with Employer's Liability
limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each
disease.
Exemption/Modification Justification attached; subject to approval).
PSA over $100,000, Revised 10/09/08 3 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
LI21329-U03
FO21330-U03
FO85769-U03
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AI93682-U03
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BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
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COUNTY-U012
ACMC),-U012
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COMMISSION-U012
MCFC),-U012
AS-U012
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COMMISSION-U012
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TO-U012
EXECUTE-U012
AN-U012
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MCCVB-U012
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THROUGH-U012
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$897,423;-U012
C.-U012
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OFFICER-U012
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EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
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THROUGH-U012
JUNE-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
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AN-U012
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TERM-U012
JULY-U012
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THROUGH-U012
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IN-U012
AN-U012
AMOUNT-U012
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EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��Professional liability insurance, if required for the professional services being provided, e.g.,
those persons authorized by a license to engage in a business or profession regulated by the
California Business and Professions Code), in the amount of not less than $1,000,000 per claim
and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in
the course of rendering professional services. If professional liability insurance is written on a
claims-made" basis rather than an occurrence basis, the CONTRACTOR shall, upon the
expiration or earlier termination of this Agreement, obtain extended reporting coverage tail
coverage") with the same liability limits. Any such tail coverage shall continue for at least three
years following the expiration or earlier termination of this Agreement.
Exemption/Modification Justification attached; subject to approval).
9.04 Other Insurance Requirements.
All insurance required by this Agreement shall be with a company acceptable to the County and
issued and executed by an admitted insurer authorized to transact Insurance business in the State
of California. Unless otherwise specified by this Agreement, all such insurance shall be written on
an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the
coverage required herein shall continue in effect for a period of three years following the date
CONTRACTOR completes its performance of services under this Agreement.
Each liability policy shall provide; that the County shall be given notice in writing at least thirty
days in advance of any endorsed reduction in coverage or limit, cancellation, or intended non-
renewal thereof. Each policy shall provide coverage for Contractor and additional insureds with
respect to claims arising from each subcontractor, if any, performing work under this Agreement,
or be accompanied by a certificate of insurance from each subcontractor showing each
subcontractor has identical insurance coverage to the above requirements.
Commercial general liability and automobile liability policies shall provide an endorsement
naming the County of Monterey, its officers, agents, and employees' as Additional Insureds with
respect to liability arising ut of the CONTRACTOR'S work including ongoing and completed
operations, and shall further provide that such insurance is primary insurance to any insurance or
self-insurance maintained by the County and that the insurance of the Additional Insureds shall
not be: called upon to contribute to a loss covered by the CONTRACTOR'S insurance. The
required endorsement form for Commercial General Liability Additional Insured is ISO Form CG
20 10 11-85 or CG 20 10 10 01 in tandem with CG 20 37 10 01 2000). The required
endorsement form for Automobile Additional Insured endorsement is ISO Form CA 20 48 02 99.
Prior to the execution of this Agreement by the County, CONTRACTOR shall file certificates of
insurance with the County's contract administrator and County's Contracts/Purchasing Division,
showing that the CONTRACTOR has in effect the insurance required by this Agreement. The
CONTRACTOR shall file a new or amended certificate of insurance within five calendar days
after any change is made in any insurance policy, which would alter the information on the
certificate then on file. Acceptance or approval of insurance shall in no way modify or change the
indemnification clause in this Agreement, which shall continue in full force and effect.
PSA over $100,000, Revised 10/09/08 4 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94028-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
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15351-U05
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BUREAU-U012
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ACMC),-U012
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AMOUNT-U012
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EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��CONTRACTOR shall at all times during the term of this Agreement maintain in force the
insurance coverage required under this Agreement and shall send, without demand by County,
annual certificates to County's Contract Administrator and County's Contracts/Purchasing
Division. If the certificate is not received by the expiration date, County shall notify
CONTRACTOR and CONTRACTOR shall have five calendar days to send in the certificate,
evidencing no lapse in coverage during the interim. Failure by CONTRACTOR to maintain such
insurance is a default of this Agreement, which entitles County, at its sole discretion, to terminate
this Agreement immediately.
10. RECORDS AND CONFIDENTIALITY.
10.01 Confidentiality. CONTRACTOR and its officers, employees, agents, and subcontractors shall
comply with any and all federal, state, and local laws, which provide for the confidentiality of
records and other information. CONTRACTOR shall not disclose any confidential records or other
confidential information received from the County or prepared in connection with the performance
of this Agreement, unless County specifically permits CONTRACTOR to disclose such records or
information. CONTRACTOR shall promptly transmit to County any and all requests for
disclosure of any such confidential records or information. CONTRACTOR shall not use any
confidential information gained by CONTRACTOR in the performance of this Agreement except
for the sole purpose of carrying out CONTRACTOR's obligations under this Agreement.
10.02 County Records. When this Agreement expires or terminates, CONTRACTOR shall return to
County any County records which CONTRACTOR used or received from County to perform
services under this Agreement.
10.03 Maintenance of Records. CONTRACTOR shall prepare, maintain, and preserve all reports and
records that may be required by federal, state, and County rules. and regulations related to services
performed under this Agreement. CONTRACTOR shall maintain such records. for a period of at
least three years after receipt of final payment under this Agreement. If any. litigation, claim,
negotiation, audit exception, or other action relating to this Agreement is pending at the end of the
three year period, then CONTRACTOR shall retain said records until such action is resolved.
10.04 Access to and Audit of Records. The County shall have the right to examine, monitor and audit
all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors
related to services provided under this Agreement. Pursuant to Government Code section 8546.7,
if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this
Agreement may be subject, at the request of the County or as part of any audit of the County, to
the examination and audit of the State Auditor pertaining to matters connected with the
performance of this Agreement for a period of three years after final payment under the
Agreement.
10.05 Royalties and Inventions. County shall have a royalty-free, exclusive and irrevocable license to
reproduce, publish, and use, and authorize others to do so, all original computer programs,
writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature
produced in the course of or under this Agreement. CONTRACTOR shall not publish any such
material without the prior written approval of County.
PSA over $100,000, Revised 10/09/08 5 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
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FO21330-U03
FO85769-U03
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30,-U012
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IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��11. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR, and its
subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color,
sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age
over 40), or sexual orientation, either in CONTRACTOR's employment practices or in the furnishing of
services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and
applicants for employment and all persons receiving and requesting services are free of such discrimination.
CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all
federal, state, and local laws and regulations, which prohibit discrimination. The provision of services
primarily or exclusively to such target population as may be designated in this Agreement shall not be
deemed to be prohibited discrimination.
12. COMPLIANCE WITH TERMS OF STATE OR FEDERAL GRANT. If this Agreement has been or
will be funded with monies received by the County pursuant to a contract with the state or federal
government in which the County is the grantee, CONTRACTOR will comply with all the provisions of said
contract, to the extent applicable to CONTRACTOR as a subgrantee under said contract, and said
provisions shall be deemed a part of this Agreement, as though fully set forth herein. Upon request, County
will deliver a copy of said contract to CONTRACTOR, at no cost to CONTRACTOR.
13. INDEPENDENT CONTRACTOR. In the performance of work, duties, and obligations under this
Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as
an employee of the County. No offer or obligation of permanent employment with the County or particular
County department or agency is intended in any manner, and CONTRACTOR shall not become entitled by
virtue of this Agreement to receive from County any form of employee benefits including but not limited to
sick leave, vacation, retirement benefits, workers' compensation coverage, insurance or disability benefits.
CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including
federal and state income taxes and social security, arising out of CONTRACTOR's performance of this
Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold County harmless
from any and all liability, which County may incur because of CONTRACTOR's failure to pay such taxes.
14. NOTICES. Notices required under this Agreement shall be delivered personally or by first-class, postage
pre-paid mail to the County and CONTRACTOR'S contract administrators at the addresses listed below:
FOR COUNTY:
Debby L. Bradshaw, Management Analyst III
Name and Title
168 West Alisal Street, Third Floor
Salinas, CA 93901
FOR CONTRACTOR:
Gloria Gargiulo, President
Name and Title
P. O. Box 111
Monterey, CA 93942-0111
Address
831-755-5338
Address
831-646-0910
Phone Phone
PSA over $100,000, Revised 10/09/08 6 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
LI21329-U03
FO21330-U03
FO85769-U03
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MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94028-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
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APPROVE-U07
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DSA)-U07
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105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
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OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
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JULY-U012
1,-U012
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THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
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THROUGH-U012
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30,-U012
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IN-U012
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TO-U012
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D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
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THROUGH-U012
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30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��15. MISCELLANEOUS PROVISIONS.
15.01 Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to
acquire any interest during the term of this Agreement, which would directly or indirectly conflict in
any manner or to any degree with the full and complete performance of the professional services
required to be rendered under this Agreement.
15.02 Amendment. This Agreement may be amended or modified only by an instrument in writing signed
by the County and the CONTRACTOR.
15.03 Waiver. Any waiver of any tenns and conditions of this Agreement must be in writing and signed
by the County and the CONTRACTOR. A waiver of an y of the terms and conditions of this
Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
15.04 Contractor. The term CONTRACTOR" as used in this Agreement includes CONTRACTOR's
officers, agents, and employees acting on CONTRACTOR's behalf in the performance of this
Agreement.
15.05 Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.
15.06 Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its
interest or obligations in this Agreement without the prior written consent of the County. None of the
services covered by this Agreement shall be subcontracted without the prior written approval of the
County. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the
performance of all requirements of this Agreement.
15.07 Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of the
County and CONTRACTOR under this Agreement, to the extent assignable or' delegable, shall be
binding upon and inure to the benefit of the parties and their respective successors, permitted
assigns, and heirs.
15.08 Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and
local laws and regulations in performing this Agreement.
15.09 Headings. The headings are for convenience only and shall not be used to interpret the terms of this
Agreement.
15.10 Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.
15.11 Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of
California.
15.12 Non-exclusive Agreement. This Agreement is non-exclusive and both County and CONTRACTOR
expressly reserve the right to contract with other entities for the same or similar services.
PSA over $100,000, Revised 10/09/08 7 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
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AS89582-U03
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AI93682-U03
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7/29/2010-U04
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15351-U05
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BUREAU-U012
MCCVB),-U012
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COUNCIL-U012
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COUNTY-U012
ACMC),-U012
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COMMISSION-U012
MCFC),-U012
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AN-U012
AGREEMENT-U012
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1,-U012
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THROUGH-U012
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OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
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30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
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$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
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THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��15.13 Construction of Agreement. The County and CONTRACTOR agree that each party has fully
participated in the review and revision of this Agreement and that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendment to this Agreement.
15.14 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same Agreement.
15.15 Authority. Any individual executing this Agreement on behalf of the County or the
CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter
into this Agreement on behalf of such party and bind the party to the terms and conditions of this
Agreement.
15.16 Integration. This Agreement, including the exhibits, represent the entire Agreement between the
County and the CONTRACTOR with respect to the subject matter of this Agreement and shall
supersede all prior negotiations, representations, or agreements, either written or oral, between the
County and the CONTRACTOR as of the effective date of this Agreement, which is the date that the
County signs the Agreement.
15.17 Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the
provisions of this Agreement and the Provisions of any exhibit or other attachment to this
Agreement, the provisions of this Agreement shall prevail and control.
This space left blank intentionally
PSA over $100,000, Revised 10/09/08 8 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
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AS89582-U03
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AI93682-U03
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7/29/2010-U04
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15351-U05
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MCFC),-U012
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AN-U012
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THROUGH-U012
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EXCEED-U012
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AUTHORIZE-U012
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OFFICER-U012
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AGREEMENT-U012
ACMC-U012
TERM-U012
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THROUGH-U012
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2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
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THROUGH-U012
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30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC�� IN WITNESS WHEREOF, County and CONTRACTOR have executed this Agreement as of the day and
year written below.
COUNTY OF MONTEREY
By:
Date:
By:
Date:
By:
Department Head if applicable)
By: L l't
Date RISK MANAU`
COUNTY OFMCNI'
APPROVED AS TO INDEMNITY/
APproJa E
By: By
Date: Date:
CONTRACTOR
Contractor's Business Name*
Si a of 96au Pr
Vice- reside
Gloria Gar lo; esident
Name and Title
Date: Cpl` O~~':
By:.
$igpature of Secretary, Asst. Secretary, G110r,
Treasurer or Asst. Treasurer)*
NameandTtle:
County Board of Supervisors' Agreement Number:.
*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non-profit corporations, the full
legal name of the corporation shall be set forth above together with. the signatures of two specified officers. If
CONTRACTOR is a partnership, the name'of the partnership shall be set forth above together with the signature of a
partner who has authority to execute this Agreement on behalf of the partnership. If CONTRACTOR is contracting in an
individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement.
Approval by County Counsel is required
2Approval by Auditor-Controller is required
3Approval by Risk Management is necessary only if changes are made in paragraph 8 or 9
PSA over $100,000, Revised 10/09/08 9 of 9 Project ID: Monterey County Film Commission
MCFC) FY 2010-11
BIB]
40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94028-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
BY-U07
MONTEREY-U07
COUNTY-U07
CONVENTION-U07
105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
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TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��
EXHIBIT-A
To
Professional Service Agreement
Between
COUNTY ADMINISTRATIVE OFFICE INTERGOVERNMENTAL AND
LEGISLATIVE AFFAIRS
AND
MONTEREY COUNTY FILM COMMISSION
Scope of Services / Payment Provisions
A. SCOPE OF SERVICES
A.1 The CONTRACTOR shall provide services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
PURPOSE: To develop and implement programs that will promote Monterey
County as a filmmaking destination, and generate increased business,
revenues, and jobs throughout the County.
PROJECTS/ACTIVITIES
The MCFC will continue to develop and implement film promotion programs that
will attract more business, revenues, and jobs to the County, as is consistent with the
FY 2010-2011 Marketing Plan.
Contractor shall use County funding to implement the programs listed below:
Film Industry Advertising and Promotions
Website and Online Marketing
Tradeshows and Film Industry Education and Development
Market Research for Locations, Resources, Best Practices
Partnerships and Co-op Promotions
Sales Calls and On-Location Visits
Film Company Response and Project Administration
Local Activities/Educational Events Marketing
The FY 2010-2011 MCFC Marketing Plan is incorporated as part of this Agreement.
I
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40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
LI21329-U03
FO21330-U03
FO85769-U03
FO89518-U03
MG89556-U03
AS89582-U03
AS89586-U03
AI93682-U03
DO94028-U03
C5-U03
AGREEMENTS-U03
7/29/2010-U04
RIVASR-U04
15351-U05
9-U06
A.-U07
APPROVE-U07
FY-U07
2010-11-U07
DEVELOPMENT-U07
SET-ASIDE-U07
DSA)-U07
WORK-U07
PLANS-U07
SUBMITTED-U07
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MONTEREY-U07
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105-ADMINISTRATION-U08
JUAREZ-U09
CYNTHIA-U09
JUAREZC-U10
7/19/2010-U011
VISITORS-U012
BUREAU-U012
MCCVB),-U012
ARTS-U012
COUNCIL-U012
MONTEREY-U012
COUNTY-U012
ACMC),-U012
MONTEREY-U012
COUNTY-U012
FILM-U012
COMMISSION-U012
MCFC),-U012
AS-U012
RECOMMENDED-U012
BY-U012
OVERALL-U012
ECONOMIC-U012
DEVELOPMENT-U012
COMMISSION-U012
OEDC);-U012
B.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
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EXECUTE-U012
AN-U012
AGREEMENT-U012
MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
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EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��
Performance Measures
Each year, the Contractor will submit a report that will incorporate all of the following:
o Number of partnerships/collaborations developed within the film industry, and with
local organizations and companies.
o Number of local companies and professionals who benefited from filming
productions.
A.2 The CONTRACTOR shall produce the following written reports or other written
documents deliverables) by the dates indicated below:
DUE DATE REPORT PERIOD
January 31, 2011 July 1, 2010 December 31, 2010 6-month status report)
May 1, 2011 July 1, 2010 March 31, 2011 9-month status report)
May 1, 2011 FY 2011-2012 Annual Work Plan and Budget
July 31, 2011 July 1, 2010 June 30, 2011 12 month final report)
Contractor shall submit a financial report on actual vs. estimated income with each status
report.
The status reports and budget documents shall be in a format approved by the County.
The Overall Economic Development Commission OEDC) and/or the OEDC Grants and
Finance Committee reserve the right to hold an interview with the Contractor as needed.
Contractor shall provide a current board roster with each status report that reflects
representation from all areas of the County. The County reserves the right to comment
on the unincorporated areas' representation and may withhold payment until any disputes
are resolved.
All written reports required under this Agreement shall be delivered to Debby Bradshaw,
Contract Manager, in accordance with the schedule above:
Debby L. Bradshaw
CAO-IGA
168 West Alisal Street, Third Floor
Salinas, CA 93901
B. PAYMENT PROVISIONS
B.1 COMPENSATION/ PAYMENT
2
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AI93682-U03
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15351-U05
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BUREAU-U012
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ARTS-U012
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MONTEREY-U012
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ACMC),-U012
MONTEREY-U012
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COMMISSION-U012
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MCCVB-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$897,423;-U012
C.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
ACMC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
TERM-U012
JULY-U012
1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��
DEPARTMENT shall pay an amount not to exceed $113,674) for the performance of all
things necessary for or incidental to the performance of work as set forth in the Scope of
Work. CONTRACTOR'S compensation for services rendered shall be based on the
following rates or in accordance with the following terms:
Contractor shall submit quarterly invoices. Quarterly payments of $28,418.50 will be
paid to the Contractor, upon receipt of invoices.
Contractor payments in advance are required because the Contractor's financial structure
requires cash flow to finance the up front costs of development of public relations and
advertising campaigns and trade shows. Prior to payment of the second quarter and each
following advance, Contractor shall submit a financial report substantiating expenditures
of the prior advance. County shall thereafter review and approve such report.
Contractor shall mail quarterly invoices to:
Ms. Debby Bradshaw, Management Analyst III
County of Monterey
Administrative Office Intergovernmental Affairs
168 W. Alisal Street 3`d Floor
Salinas CA 93901
Contractor shall provide documentation that private sector revenue is being generated to
offset General Administration.
B.3 CONTRACTORS BILLING PROCEDURES
NOTE: Payment may be based upon satisfactory acceptance of each deliverable,
payment after completion of each major part of the Agreement, payment at
conclusion of the Agreement, etc.
C. OTHER PROVISIONS
The Intergovernmental and Legislative Affairs Director or his designee must approve any
modifications or amendments to the above scope of work, budget, or funded activities.
Contractor shall acknowledge the Monterey County Board of Supervisors for their
funding contribution on appropriate material/publications.
The Contractor shall provide the Intergovernmental and Legislative Affairs Director or
his designee with a copy of any written or visual publications funded under the terms of
this agreement.
3
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FO89518-U03
MG89556-U03
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��
MONTEREY
COUNTY
FILM
COMMISSION
WORK PLAN FY 2010-2011-
Film Industry Marketing and Assistance Program
for Monterey County
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TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��Film Industry in Monterey County:
Positive Economic Stimulus
The Work Plan of the Monterey County Film Commission reflects the marketing and
fulfillment elements that will lead to attraction and facilitation of increased film
productions here, which leads to positive economic development impact, local
employment and job development and the expansion of educational and cultural activities
related to the film industry.
As a non-profit organization, the Monterey County Film Commission has a core
duty to market Monterey County as a destination for the motion picture, television and
related industries, for the purpose of stimulating economic development, creating jobs,
and providing supporting educational opportunities related to the film industry.
This work plan reflects the mission and marketing elements for the next
fiscal year, utilizing Monterey County Development Set-Aside Funds. It represents
the promotion for the entire county, as productions look to film in a variety of settings.
The MCFC secures production interest, and then helps with logistical details, referrals to
locations, services and local crew. Local production companies are also assisted, helping
keep the local businesses and employees working on film projects.
The film commission serves as an economic stimulus program for Monterey
County. The MCFC is as proactive as possible in marketing to the film industry, which
means prompt response to leads, scouting locations and other resources, and keeping to
of mind as a film destination.
Marketing Plan Page 2 of 15
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TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��Because of the prompt, professional assistance the film commission offers and on-
going marketing efforts, film industry inquiries have increased. Now a new promise of
increased business is expected as there is a new California film incentive program that
offers wage tax rebates to help stem the tide of runaway production from California to
other states and countries. With a special provision for smaller independent films, which
often look at Monterey County as a possible film site, the costs of going on location can
be reduced for the production companies.
With reduced county funding to support the lucrative film industry, the MCFC
will be also looking to other sources of funding to leverage limited county funds. From
grants to film events to individual donations to Reel Friends of the Film Commission,"
the film commission will rise to meet its funding challenges.
The film commission attracts productions on location to film, facilitates shoots,
and markets the area's indigenous crew, production facilities, services and retail
businesses. It has contributed more than $75 million to the economy since it was
established in 1987.
Film production including feature films, television, commercials and still
photography) stimulates local economic activity, providing a quick infusion of revenue.
On-location filming positively impacts local businesses. An average feature or larger
commercial production leaves $50,000 to $150,000 per day in the local economy.
Hotels, restaurants, transportation services, caterers, crew and many small businesses
such as drycleaners, laundries, hardware stores, lumberyards, gas stations, and security
firms all benefit when film projects come to Monterey County.
Filming is a strong economic engine with production crews filling hotel rooms
year-round. Local residents get hired, locations are rented, and productions purchase
numerous goods and services. The films, commercials, advertising stills and travelogues
show off Monterey County sites and have the added value of spin-off tourism business.
The film commission's purpose and results are consistent with the County of
Monterey's policies of developing industries that preserve the environmental quality of
the region, and support businesses that have national and global market potential.
Filming is a clean, non-polluting industry and the majority of productions come and go
with little notice and impact on residents.
The film commission highlights its services, locations and crew to the film
industry and has been successful at attracting an average of 60 to 70 annual
productions to Monterey County. These projects bring revenue, TOT and sales taxes,
pay permit fees, and represent financial enhancement for residents, businesses and
jurisdictions in the county.
In addition to providing increased activity for local businesses, film productions
provide jobs for both skilled and unskilled members of a community. Extras, actors,
photographers, technicians, housekeepers and drivers are among the individuals that
directly benefit. Film productions utilize the available work force. Keeping local film
Marketing Plan Page 3 of 15
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40389-U01
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EXCEED-U012
$897,423;-U012
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$236,920;-U012
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��crew skills updated with work experience makes the film business compatible with the
County of Monterey's mission and goals.
Locations throughout Monterey County are promoted to the film industry, and
each film inquiry is responded to promptly and professionally. Potential film locations
can be anywhere in the county, from coastal vistas on the Monterey Peninsula to rural
roads in the agricultural areas of the Salinas Valley, to the industrial harbor area at Moss
Landing. Filmmakers want sites from the small farm towns of South County to the more
urban looks in the county's larger cities and the dramatic images of the Big Sur coastline
and Highway 1. Run-down and desolate settings are also requested. Promotions of the
county's 1,200 miles of roads tempt automobile commercials here.
Program Elements
The film commission's program is a highly targeted marketing and assistance
strategy to promote the county's many film assets locations, services, and crew.
More than 350 film commissions exist in the world, and they are reaching decision-
makers in the film industry offering money incentives, tax rebates and artistic grant
incentives. The MCFC can now be more competitive with the statewide film incentive
program element which can save productions up to 25%. MCFC offers free assistance to
film productions, saving them time and money and facilitating their projects while
keeping our locations top-of-mind, but there are on-going competitive challenges.
Monterey County Film Commission will work to stay visible and promote
local film assets, staying top-of-mind with those who decide where to go on location
with their projects. The MCFC participates in regional efforts to market this part of
California and its proximity to the nearest film production center in San Francisco. There
are on-going issues of competition from other countries and U.S. states that must be met
through regional affiliations and on-going local liaison efforts to ensure a film-friendly
welcome for production business.
In a changing industry and economic environment, solid funding from
Monterey County is vital to keep the film commission effective as it reaches new
markets and staying visible with film industry decision-makers.
The Competitive Market
The key target markets for MCFC are independent films, TV, commercials, and
still photography productions, and the location scouts and location managers whose job it
is to find film locations for them. The bulk of the market is centered in the Los Angeles
area, with additional production markets in San Francisco, New York, and European
countries such as England and Germany. New media development also creates the need
for additional product.
The film commission continues to work from its strengths-its varied and
attractive film sites, the professionalism of its staff, positive word of mouth within
Marketing Plan Page 4 of 15
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40389-U01
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$897,423;-U012
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$236,920;-U012
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��the film industry, and years of personal relationships with those in the film industry
who determine where film productions will shoot. The film commission addresses the
local market of film professionals and residents as well, fostering awareness of the film
commission and helping educate about the positive economic impact of filming in local
communities. The film commission promotes a film-friendly" welcome from
jurisdictions and maintains a portfolio of local property owners and city and county
locations willing to allow productions to film. It helps market the crew base in the area
ready to be hired.
Of utmost importance to the marketing efforts is the reputation of a film
commission and its level of professional assistance given as requests for assistance are
made. The film industry has new and increased expectations of service and turn-
around time from film commissions. Clients are on tighter schedules to find
locations and complete shoots. The film commission plays a critical role in
providing services that make it more likely that Monterey County will be chosen for
film projects.
Globally, many film commissions and jurisdictions offer attractive financial
incentives including sound stage and other facilities, tax rebates, free services, and no
location fees or permit fees. Crew costs are often less in areas outside California. Within
California, Monterey County also experiences competition from counties with similar
looks including Santa Barbara, Sonoma County, San Luis Obispo and San Mateo, and
counties with a stronger crew base from which to draw, or within only one hour of a
major production center such as San Francisco. Some productions stay within or near the
Los Angeles film zone for cost reasons, crew availability, and a desire to be nearer their
homes, thus areas like the Inland Empire and Santa Clarita have increased well-funded
marketing efforts to keep film business in southern California.
Productions leave the U.S. to film other countries or leave California to other
states), where the return on the dollar is higher, tax rebates cut production costs, artistic
grants are offered, or there is a more experienced crew base for bigger projects. This on-
going business threat needs to be dealt with on a number of levels and the Monterey
County Film Commission seeks to find local incentives to offer, and stays involved with
broader organizational efforts on the San Francisco Bay Area regional level and the
California Film Commission and its regional marketing partners the Film Liaisons in
California, Statewide FLICS).
Situational Analysis Where We Are Today
Film production is a revenue-producing engine for Monterey County, with an
average annual return of at least 20 to 1 on the county's investment and
funding for the film commission. The Monterey County Film Commission will
adjust its promotional programs and staff hours to fit available funding from the
county.
An average of $3 to $4 million comes into the county from film production
activities each year.
Marketing Plan Page 5 of 15
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AN-U012
AGREEMENT-U012
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JULY-U012
1,-U012
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JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC�� Sales trips and tradeshows, promotional collateral, location library images, and
general film assistance and utilization of experienced film production staff are
vital to the film commission program. Insufficient funding means that staff hours
must also be used to develop and fulfill fundraising efforts to supplement county
funds. The MCFC with its volunteer board of directors must work to leverage
county funds, seeking support from private and public partners, and pursuing
additional fundraising activities in order to ensure that MCFC maintains its
market share of film business.
Since its inception 23 years ago, the Monterey County Film Commission has
reached thousands of production industry professionals around the world through
its marketing programs, and has assisted more than 3,500 productions scouting
and filming within the county. Annually, the film commission handles some
500 to 600 requests for filming, resulting in more than 70 projects last year. The
film commission estimates that since it began, more than $75-million of financial
impact has come to Monterey County communities in direct dollars no
multiplier).
Filming remains strong in television and commercial production as well as still
photography markets and fashion catalog shoots. This type of film production is
the bread-and-butter business for Monterey County. Scouting for features and
other productions happens year-round, but there has been a statewide trend for
large studio feature films to follow large out-of-state incentives some more than
42%) or cost rebate programs in an effort to reduce costs of producing films.
Portions of 200 feature films have been shot in Monterey County over the
years. Independent features have increased potential for on-location filming
in the county, and commercials and TV shows are strong sources of business.
The film commission works to develop and nurture area locations plus keep
current on industry needs for the most professional production response. It is of
utmost importance that the local communities continue to remain film friendly"
by understanding the needs of the film industry, so that Monterey County
locations do not become too expensive or too difficult to film. This internal
marketing" to our local constituencies is a key element in keeping film projects
coming here.
Goals and Objectives highlights
Facing stiffer competition for the film business, the Monterey County Film
Commission will continue to provide services, promote its film assets, and become more
visible and proactive in FY2010-2010. Among the objectives for the next fiscal year:
Promote the California Film Commission Production Incentive Plan which
provides $100 million per year for five years for film and TV productions that
film at least 75% of their shoot days in California. It has $10 million set-aside
specifically for independent film. The MCFC's goal is to help draw these
financially supported productions to Monterey County as that special set-aside is
geared towards films with budgets between $1 million and $75 million.
Marketing Plan Page 6 of 15
BIB]
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2011,-U012
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AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC�� Location library development and office management program will be
enhanced to make county locations more visible on the website, and cross-
referenced and promoted through a worldwide system for production company
and location scout/manager access. The addition of the Reel Scout program-
specifically designed for film commissions- means a marketing advantage for
exposure of Monterey County locations. This year the Reel Scout location
libraries across the country will be interlinked for maximum exposure to those
seeking film sites.
E-communication and social media will be increased. Website content and
interactive media elements will be enhanced. Enewsletters will be increased to
commercial producers and location scouts and managers who determine where
productions go to film. More advertising and film industry media relations will
extend publicity for the film commission.
Marketing at select trade shows to show Monterey County's film assets and to
gain attention of directors, location scouts, producers who want to stay in
California with their productions.
Provide resources and educational programs to assist the film industry work
force in Monterey County, ensuring that local residents and students gain up-to-
date knowledge, technical skills, and film production employment opportunities,
plus exposure to film industry professionals.
Local Production Resources Directory development will improve exposure for
local film assets. Local crew, businesses and service providers will be identified
and represented on the Monterey County Film Commission online film
production resources directory. By providing added marketing opportunities for
locals, more hiring and sales can happen in the county.
Monterey County Film Commission
Marketing Plan elements:
Film Industry Market
To promote Monterey County film assets to the film industry
Sales meetings, tradeshows, industry events and film industry and film commission
networking opportunities
Industry advertising and public relations/media efforts, and added promotion of new
available statewide and local film incentive programs
Website development and internet exposure for location images, crew and services,
permit and area information, and online marketing and advertising opportunities.
Social media, direct mail and email connections with the film industry
Personalized relationships with film industry professionals and major location decision-
makers
Marketing Plan Page 7 of 15
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40389-U01
AGREEMENT-U02
NO.-U02
A-11815-U02
U02
MCFC-U02
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7/29/2010-U04
RIVASR-U04
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AN-U012
AGREEMENT-U012
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JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��To provide film assistance to inquiring production companies
Location scouting and production center for visiting scouts
Photo files, updated location library, customized image packages
Internet exposure and connections to local resources
Permit information
Inquiry response, advice on concepts, alternatives, county-wide locations, and referrals
to crew, services and other needs
To facilitate and expedite on-location film productions
Liaison with production companies and local residents
On-site assistance at film locations
Troubleshooting/after-hours access 24/7 for film productions)
Acquisition of new locations available for filming
Local Film Market and Film Development
To expose new segments of the community to the Monterey County Film
Commission's goals, mission, and need for local support
Involvement with county-wide organizations chambers of commerce, MCCVB, Arts
Council, hospitality industry, etc.)
Develop monthly movie screenings with educational aspects for local branding
Speaking engagements to civic clubs and others
Increase number of local news stories and publicity, adding TV PSA exposure.
Bolster the local film industry
Encourage local hiring and purchases by film production companies
Increasing production guide listings/advertising opportunities on website
Location assistance to local film students and local production companies
Gather and publicize economic impact information
Local media relations plus activities for community awareness
Government/business awareness of film production's impact in the economy and on
tourism, cultural life and education
Overall research of film industry economic impact from on-location film productions
and resident companies
Outside Funding and Partnerships
The film commission will continue to seek financial partners and funding
through local jurisdictions, grants, individual sponsors, and local events and activities to
garner support to supplement its budget for this fiscal year. Locally MCFC faces funding
competition from more than 800 Monterey County nonprofits.
The film commission keeps locals aware of the film commission and its
mission of economic development on behalf of Monterey County. MCFC will encourage
volunteer assistance, and seek opportunities for co-operative projects with its DSA
partners--the MCCVB and Arts Council for Monterey County.
Marketing Plan Page 8 of 15
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40389-U01
AGREEMENT-U02
NO.-U02
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U02
MCFC-U02
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TO-U012
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$236,920;-U012
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AN-U012
AGREEMENT-U012
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JUNE-U012
30,-U012
2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��The film commission participates in local and regional co-op and sponsorship
coalitions within the California Film Commission, Film Liaisons in California Statewide,
Location Managers Guild, the Greater San Francisco Bay Area film commissioners group
Film SF Bay Area, and the International Association of Film Commissioners.
2010-2011 MARKETING AND FILM ASSISTANCE
CAMPAIGN ELEMENTS
1. Website/Online Marketing
Updating location library of photos on Reel Scout," a searchable online database.
Film project management systems will be maintained to help with proactive promotion
and cross-referencing for nationwide access by production companies seeking locations.
Enhance, update and improve the MCFC website, working toward increased
marketing of film commission services and locations on line, and through links to film
resources. The website also provides a revenue-producing option, where local crew and
businesses can obtain enhanced listings and banner advertising options to market
themselves to the film industry. Updates with information related to film permits, crew,
location library and services will be posted on the www.FilmMonterey.org site.
Increase the email communications ability and social media elements of the film
commission, for enhanced contact with locals, the film industry, and area jurisdictions
involved with filming. Regular e-mail blasts and enewsletters will be produced.
2. Advertising/Marketing/Promotions
Advertising
The Film Commission will advertise in select film industry publications and on-line
websites to maintain top-of-mind awareness. Free listings in trade magazines and film
organization guides will be updated. Display ads will be placed in appropriate trade
magazines and in on-line industry directories, such as LA 411," Production P3
Update" and The Reel Directory," a film resource guide for Northern California. Co-op
opportunities for advertising will be pursued, and the film commission will proactively
seek editorial mention in trade magazines such as Locations," and Boards" for
commercial producers.
Direct mail pieces, location brochures, and other collateral will be prepared to keep the
film industry informed of opportunities and film assets in Monterey County, and to keep
local residents aware of the positive economic impact of filming.
Marketing Plan Page 9 of 15
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40389-U01
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JUNE-U012
30,-U012
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EXCEED-U012
$236,920;-U012
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AN-U012
AGREEMENT-U012
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JUNE-U012
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2011,-U012
IN-U012
AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC�� Local and Industry Public Relations/Media Relations
Public relations efforts within Monterey County and within the film industry are
important marketing elements, enabling increased exposure visibility and credibility
through free" media publicity. Film commission's press releases are generated to
increase public awareness and to leverage the amount of paid publicity.
Community/Production Liaison
The film commission director of film production is on call 24 hours a day, 7 days a week,
to assist film companies and to intercept any problems or immediate needs that may
occur before and during filming. Staff and board members work to educate the local
community about the benefits of on-location film production and work to foster a film
friendly" attitude in order to attract more film production to Monterey County and keep
communication lines open. When productions arrive they are given assistance, and the
commission serves as liaison between locals and the production company.
3. Trade Shows and Film Industry Education &Development
Promoting Monterey County's film assets locations, services and local
personnel) at key film industry trade shows and educational events is an effective way to
reach thousands of key decision makers in the film industry and personalize the film
commission.
Monterey County will be represented at select shows. In-person connections and
networking opportunities are invaluable, and having a presence at industry trade shows
illustrates that Monterey County is actively interested in film business, keeping its film
assets top-of-mind. By sharing booth space and cooperating with the Greater San
Francisco Bay Area Film Commissions or Film Liaisons in California Statewide film
offices, costs are reduced. Below are some of the key film industry events and marketing
shows:
California On Location Awards"
Held in the fall in Los Angeles, this event places Monterey County in front of 400 major
location scouts and managers as well as directors and producers. The evening honors top
film professionals who work well with California film commissions and recognizes the
production companies that keep film business in California. Monterey County Film
Commission helps sponsor this event with its statewide network of film commissions. It
affords visibility with film industry professionals. This is the ideal forum for film
commissioners to connect and build relationships with film location professionals and
production companies.
Cineposium Conference for Film Commission Professionals
The presentations, connections, networking and up-to-date training for professional film
commissioners makes the Cineposium conference the ideal source of information on film
office best practices and the latest competitive skills. The latest in incentives, marketing,
new media opportunities, location filming and film office issues are explored in seminars
and networking sessions with fellow film commissioners.
California Only Tradeshow
A show solely presenting California film possibilities is held in southern California. It
keeps the focus on the unusual statewide locations or worldwide matching looks" that
location scouts and producers may not know about, encouraging more directors and
Marketing Plan Page 10 of 15
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40389-U01
AGREEMENT-U02
NO.-U02
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MCFC-U02
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��producers to film in the state. It's a key opportunity for the Monterey County film
commissioner to develop relationships with those who determine film sites.
Locations Trade Show
The April gathering of more than 4,000 location scouts, producers, directors, and other
location decision-makers is the major location-oriented show for the film industry.
California Only" Film Industry Speed Mixer
This breakfast event is held for studio executives and heads of production in the Los
Angeles/Hollywood area. This speed mixer" concept is welcomed by attendees who
often can not get to other tradeshows, and offers a rare face-to-face opportunity for the
Monterey County film commissioner to meet and sell directors and top producers on the
benefits of filming in Monterey County. It is coordinated by the California Film
Commission.
Commercial Producers, Directors Guild, Location Managers Guild, and other
networking events are also attended.
4. Market Research
Monterey County film locations
Keeping up with location changes and documenting new location options are important
as the film commission wants to have more film assets to offer filmmakers. Staff
researches current locations regarding issues affecting a site's film potential. Increased
scouting of new locations and photographing them for the website is on-going.
Economic Impact of Local Filming/Film Industry
The film commission will input data in the new Reel Scout program for superior research
and tracking of economic impact from film productions. The latest international film
commission formulas for determining economic impact will be applied. Resident film
business and assets need better tracking to best reflect the comprehensive economic
impact to the county from the film and entertainment industry.
Production Resources research will help keep local professionals and businesses
identified for online marketing. More locals can then be hired and film production
purchases of good and services can be expedited.
5. Partnerships/Co-op Affiliations
Regional Marketing Opportunities
Maintain a regionalized marketing presence among film commissions and jurisdictions
to retain and attract film business to our area. Co-op marketing efforts help expand the
opportunities for the Monterey County Film Commission, particularly with the
cooperative efforts of the Greater San Francisco Bay Area Film Commission group.
California Film Commission
MCFC is also affiliated with and finds support from the California Film Commission and
its new statewide incentive opportunities designed to limit runaway film business.
Monterey County also continues its involvement with the California Film Commission
and Film Liaisons in California Statewide FLICs) orgnization, which is its own non-
profit marketing organization. The FLICS members represent more than 45 professional
Marketing Plan Page 11 of 15
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30,-U012
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IN-U012
AN-U012
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TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��film commission offices working to keep film business in the state and leverage
marketing monies for regional promotions and special film industry events.
Association of Film Commissioners International
This organization raises the profile of the MCFC internationally, and provides specialized
training for film commissioners on best practices, updates on film industry needs, and
marketing efforts. As an AFCI member, the MCFC benefits from exposure for Monterey
County on the international AFCI website, international publicity in the Locations trade
journal, networking opportunities to gain competitive information, and name recognition
for Monterey County with worldwide filmmakers.
6. Sales Calls/On-Location Visits
Personalized familiarization visits for independent filmmakers and location scouts will be
provided to show off potential film sites and increase the number of film productions
coming on-location. Proactive sales calls on production companies will bring added top-
of-mind interest in Monterey County locations.
7. Film Company Response/Initiative Administration
Film Company Response is the single most important element to running an effective
film commission. Prompt, thorough and professional response to requests from
production companies is vital to increasing film production in Monterey County.
Elements of the film company response program are described below:
Community/Production Liaison
The film commission director of film production is on call 24 hours a day, 7 days a week,
to assist film companies and to intercept any problems or immediate needs that may
occur before and during filming. Staff and board members work to educate the local
community about the benefits of on-location film production and work to foster a film
friendly" attitude in order to attract more film production to Monterey County and keep
communication lines open.
Photography Location Library/Production Center
Increasing the location library, improving digital photography library, and improved
management of digital image files will be a priority. Showing off and updating Monterey
County images is a critical marketing element. MCFC will continue to enhance
Monterey County's presence in the California Film Commission's advanced digital photo
library which is linked to the MCFC site. The film commission will offer a free in-office
Production Center and location library to location scouts and producers coming to
Monterey County.
Location Scouting
Film commission staff provides prompt free location scouting services to production
companies. Researching county locations, developing contacts with local property
owners, and traveling to areas to shoot photographs for specific production requests are
important services for film companies.
Permit Referral Service
The Monterey County Film Commission acts as a screening and information office for
companies inquiring about permits, thus expediting film requests and relieving the burden
of government jurisdictions. Details on film guidelines and procedures are provided by
film commission staff in order to pave a smooth road for permit acquisition.
Marketing Plan Page 12 of 15
BIB]
40389-U01
AGREEMENT-U02
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A-11815-U02
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ARTS-U012
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AN-U012
AGREEMENT-U012
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1,-U012
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THROUGH-U012
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30,-U012
2011,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
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CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
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JULY-U012
1,-U012
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JUNE-U012
30,-U012
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IN-U012
AN-U012
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TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��Business/Personnel Referrals
The film commission provides and updates listings of Monterey County residents and
businesses that can be hired or utilized by production companies on location. This helps
create jobs within the county and creates income for local companies.
Production Marketing & Inquiry Response
Proactive attempts to contact production companies is a priority, and prompt response
and follow-up to inquiries plus knowledgeable referrals are at the core of a film
commission's services. Handling the needs of production companies is time-consuming,
but the professional response can result in good word of mouth reputation and future film
business for the Monterey County Film Commission. Attention to incoming inquiries by
email, telephone, or fax must receive priority each day, as the requests for information,
images or contacts need rapid turnaround.
8. Additional Projects/Local Activities/Educational Programs
The county's film commission will organize educational and fundraising events and film
screenings, and seek grants and city support to help supplement the county's DSA
funding and to amplify contributions to the film commission. New Reel Friends"
program with discount cards to local businesses will be marketed to gain donations.
As a nonprofit organization, the MCFC relies on volunteer board members, local
volunteers, and college interns to assist with projects. Activities include its Focus on Film
job educational lectures, the celebration of the What a Night of Academy Awards, and
Reel Friends of the Film Commission.
The MCFC serves as a resource providing local educational opportunities that will assist
student filmmakers and young people interested in film industry employment
opportunities in the film and entertainment business.
The film commission also makes an annual film student scholarship available to a
Monterey County emerging filmmaker. The MCFC Scholarship Program for local film
students is an endowment with Community Foundation for Monterey County. The
program helps advance the future of Monterey County film students or local residents
attending film school.
Marketing Plan Page 13 of 15
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40389-U01
AGREEMENT-U02
NO.-U02
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U02
MCFC-U02
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TO-U012
EXCEED-U012
$897,423;-U012
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TO-U012
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AN-U012
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TERM-U012
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THROUGH-U012
JUNE-U012
30,-U012
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AN-U012
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TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
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CONTRACTS/PURCHASING-U012
OFFICER-U012
TO-U012
EXECUTE-U012
AN-U012
AGREEMENT-U012
MCFC-U012
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$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��MONTEREY COUNTY FILM COMMISSION
SCOPE of SERVICES
July 1, 2010 June 30, 2011
Promotional Plan Utilizing County Funds
Approved by the Monterey County Film Commission
Board of Directors on May 1, 2010
PROJECTS:
$113,674
Fiscal Year 2010-2011
1. ADVERTISING/PROMOTIONS
$17,500
Advertise Monterey County locations to film industry in select trade publications and
directories; direct mail campaign; new promotional collateral. Enhanced
communications and public relations initiatives to brand Monterey County with key
film industry markets and locally, using the news of the new California Film Incentive
Program to draw more film productions to the county. Promotions to reach film
industry professionals plus additional markets of advertising creatives. Expansion of
visibility in regional San Francisco Bay Area as well as major production centers in
the country and internationally.
2. WEBSITE / ONLINE MARKETING
$15,000
Revamping of MCFC website making more intuitive and user-friendly. Search engine
marketing. Enhance local film resources for employment opportunities for county
residents. Reel Scout location library and project management system to link to
national location database with geo-coding of county film sites. Adding monthly E-
communications/ newsletters to film industry professionals, trade organizations, local
residents and jurisdictions. Expansion of MCFC social media to propel marketing
messages. Updating of computer software, hardware and website content.
3. TRADESHOWS/ FILM INDUSTRY / EDUCATION AND DEVELOPMENT
$7,500
Participation in select film commission organized shows including CA Only,
Locations International, Film Liaisons in California Statewide industry events. AFCI
Cineposium sessions for film commission best practice. On-going training and staff
development.
4. MARKET RESEARCH
$ 2,000
Research and create new local incentives to attract film productions. Scout and
document new film locations and local resources in county; secure data and analyze
county economic impact for county; increase frequency of jurisdictional updates for
permits and communication; compile film industry, media, and local film business
contacts; assess film production and film commission best practices at regional, state
and international levels.
Marketing Plan Page 14 of 15
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$897,423;-U012
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AN-U012
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1,-U012
2010-U012
THROUGH-U012
JUNE-U012
30,-U012
2011,-U012
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AN-U012
AMOUNT-U012
TO-U012
EXCEED-U012
$236,920;-U012
D.-U012
AUTHORIZE-U012
CONTRACTS/PURCHASING-U012
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AN-U012
AGREEMENT-U012
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30,-U012
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AMOUNT-U012
TO-U012
EXCEED-U012
$113,674.-U012
AGREEMENT NO. A-11815 - MCFC��5. CO-OP PROMOTIONS
$2,000
Leverage county monies through cooperative ventures with county partners MCCVB
and Cultural Council. Co-operative event partnering for exposure and advertising
cost sharing. Also work with Northern California and San Francisco Bay Area film
liaisons on promotional efforts and statewide exposure for regional film business.
6. SALES TRIPS/ON-LOCATION VISITS
$ 3,500
Film industry sales calls, location scout assistance on-location, and individual
familiarization visits to Monterey County by potential filmmakers and location
professionals, to increase exposure of county to filmmakers. Increased relationship
with Location Managers Guild, statewide film commission meetings, and other
significant opportunities to enhance connections with film location decision-makers
year-round.
7. FILM COMPANY RESPONSE/
PROJECT ADMINISTRATION
$56,000
Proactively seeking new film business and assisting with film production requests,
trouble-shooting, availability to work with location scouts and managers and other
production professionals. Inputting new resources and film sites into production
photo library, coordinating locations and logistics in preproduction, and staffing office
management system. Location scouting, photography and photo scanning. Crew
and service business support. Staff to provide prompt, professional response to
business inquiries, leads, requests for assistance by film industry 24/7 to keep
county competitive. Expansion of statewide incentive program with new local
incentives from film-friendly hotels and other discounts. Coordination of local student
interns and local crew job experience.
8. LOCAL ACTIVITIES/ EVENTS MARKETING
$10,174
Creation of local educational activities related to the film industry and job
development and employment opportunities. Developing and promoting film-related
events, screenings, and cultural activities. County-wide branding of MCFC via
screenings to keep residents and businesses aware of the MCFC and the impact of
the film industry as positive economic force. Development of Reel Friends of the
Film Commission" support organization.
Fiscal Year 2010-2011 $113,67
4
Marketing Plan Page 15 of 15
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