AGENDA REPORT SUMMARY

TO Honorable Chairman and Members of the Redevelopment Agency

c
FROM Rod Gould Executive Directorf
0
Dena Fuentes Director of Services Executive Director
INITIATED BY Redevelopment Deputy

DATE July 7 2009

SUBJECT Chamber of Commerce FY2009 10 Business Outreach and Retention

Poway
Services Grant Agreement

ABSTRACT
enter into grant agreement with the Poway
It is recommended thaUhe Redevelopment Agency a

Chamber of Commerce for a FY2009 1 0 Business Outreach and Retention Services Program The
provide collaborative services thatfocus on business outreach and
intent of this is to retention joint

branding strategies and promotional opportunities to improve the local ecoriomy

ENVIRONMENTAL REVIEW
This report is not subject to CEQA review

FISCAL IMPACT
36 300 available in the Economic Development Division
Funds for thisgrant agreement are

Operating Budget 1030 4120

PUBLlCNOTIFICATION AND CORRESPONDENCE

A copy of this report mailed to the Chamber of Commerce CEO and the Chairman of the
was Poway
Board of Directors

RECOMMENDATION
It is recommended that the Redevelopment Agency approve the FY2009 1 0 Business Outreach and
Retention SerVices Grant Agreement between the Poway Redevelopment Agency and the Poway
Chamber of Commerce inthe amount of 36 300 andauthorizethe Executive Directorto execute the
agreement

ACTION

1 of 13 July 7 2009 Item

 CITY OF POWAY
AGENDAREP ORT

This report is included on the ConsentCalendar There will be no separate discussion of the report prlorto approval by the City Council unless members of
th e Cou ncil staff orpublic req est it to be removed from the Consent Calendar and dlscussed separalely If you wish to have this report pulledfordiscussion
please fill auf a slip indicatlri the report number and give il to the City Clerk prior to the beglnningofthe CitY Council meeting

TO Honorable Chairman and Membe f the RedevelopmentAgency

FROM Rod Gould Executive Director t k

V
INITIATED BY Dena FuentE s Director of RedevelopmentServices IDepLity

Executive Djr ctor

Kimball Schmidt Economic Development Manager tr
DATE July 7 2009

SUBJECT PowayChamber of Commerce FY2009 10 Business

Outreach and Retention Services Grant Agreement

BACKGROUND

have contracted
Since 1994 the City of Poway City and Poway Redevelopment Agency
with the Chamber of Commerce Chamber to provide visitor seryices Beginning in
Poway
FY2008 09 this contract was modified to primarily fotus6n business outreach and
With
retention activities branding strategies and promotional opportunities some

These services will

adjustments this approa ch will be continued in FY 2009 10
economic and redevelopment efforts and helpimprove
complementthe City s development
our local economy Assistance provided through this program will include b usiness
visitations visitor and general information distribution relocation packets and referrals

FINDINGS

In years past the Chamber s Visitor services Program has provided assistance and
information to persons visiting PowaYi new residents small businesses interested in
relocating orexpanding here and those making inquiries for business or employment
purposes Beginning inFY2008 09 the Chamberadditionally provided business outreach
and retention services and workedclosely with the Agency in developing and

implementing economic development branding and marketing strategies

upcoming fiscal year for the it is recommended thaf the

Based l pon the an
itecdniepds
Poway RedevelopmenfAgency continue this approach for FY 2009 10 and enter intoan

agreement for the following services

1 Coordinate busine ss outreach and retention visits to Chamber members and non

members alike The will periodically join the

City Economic DevelopmentManager
Chamber Presidentand Chief Executive Officer on these visits

2 of 13 July 7 2009 Item

 Agendai Report
July 7 2009
Page 2

Collaborate with the and promotional strategies

2 City on
braf19jnQ marketing
including Poway Your First Choice
3 Partner with the City San Diego County Convention and Visitor s Bureaus and
other civic organizations on economic development efforts
4 Coordinate special events including the fall and spring street fairs State of the
Community oreakfast and the Celebrate Poway DaY atthe San Diego County Fair

ENVIRONMENTAL REVIEW

This report is not subject toCEQA review

lMPACT
FISCAL

Funds for this grant agreement 36 300 are available in the Economic Development
Division Operating Budget 1030 4120

PUBLIC NOTIFICATION AND CORRESPONDENCE

A copy of this report was mailed to the Poway Chamber of Commerce Chief Executive
Officer and the Chairman of the Board of Directors

RECOMMENDATION

Redevelopment Agency approve the FY2009 10 Business

It is recommended that the
Outreach and Retention Services Grant Agreement between the Poway Redevelopment
and the Poway Chamber of Commerce in the amount of 36 300 and authorize
Agency
the Executive Director to execute the agreement

RG

Attachment
A FY2009 10 Business Outreach and Retention Services Grant Agreement

3 of 13 July 7 2009 Item e

L
 GRANT AGREEMENT BEIWEEN THE ROWA Y
REDEVELOPMENT AGENCY AND THE BOWAv CHAMI3ERdi
COMMERCE

This Grant is made and entered jntothis 1 day of July 2009

Agreement Agreement
by and between the Poway Redevelopment Ag iicy Agency and the Poway
Chamber of Commerce Recipient
RECITALS

I oway business outreach and retention services

A Recipientproposes toprqvide
arid visitor information

B Agency wishes to provide a grant to RecipienUorthose purposes because of the

economic development and redevelopment benefits that result from these
activities

NOW THEREFORE in consideration of the recitals stated above the mutual

covenants set forth bel6w the Parties agree as follows

ARTicLEL RECIPIENT OBLIGATIONS

1 1 U se of Grant Funds Recipient hereby agrees to use the grant funds
provided by Agency solely for the purposes described in Exhibit A
attached heretoandincorporated herein oy reference

1 2 Represeritationand Warranties Retipi ht hereby rE presehts and

warrants to the Agency that Recipient is a nonprofit organization

orgG1nized uil cjerthe laws of California

shall carry out the serVices in
1 3 COmpliance lIVi h Laws Recipient
accordance with all ordinances resolutions statutes rules and

reg ulations of the City and any Federal State or local government agency
havingjurisdiction
4
1 Licenses Permits Fees and Assessments Recipient shall obtain at

oleexpehse
jts all licenses permits and approvals legally required for
the pertormance ofthe services

1 5 Politipal Endorsements Prohibited Recipient shall not endorse

oppose or lke
ti position on cand idate sfor the offices of Mayor or City
CounciL This does not restrict the rnembers of the Recipient s Board of
Directors qr Recipient semploye es as private citizens from endorsing
supporting opposing or taking positions on cimdidates for said offices

ARTICLE I DlsBURsEMENTOF GRANT FUNDS

2 1 Maximum Amo lJnt of Grant Funds The maximum amount of grant

funds to beproviaed to Recipient is 36 300 per year

4 of 13 Attachment A July 7 2009 Item 0

1
 Method of Disbursement pf grant iTlonies will be made in a
2 2 Payment
lunip suhi payment upon submission of an invoice in the proper amount
to the Redevelopment Services DepartmentbY Recipient

ARTicLE III PERFORMANCE SCHEDULE

services
3 1 Schedule of Performance Recipient shall provide on an

appropriate and ascneeded basis throughout the year

3 2 Term Unless earlier terminated in accordance with Section 7 3 or 4 of

7

this this agreement shall continue in full force and effect until
Agrneef ent
June 30 2010

ARTICLE IV COORDINATION OF SERVICES

4 1 Representative of Recipient The Repipient s Chief Executive Officer is

hereby designated as the representative of Recipient authorized to act on
its behalf with respect to this Agreement and make all decisions in
connection therewith

4 2 Agreement Officer Agreement Officer shall be the City s

Redevelopment Services Director or such persollas may be designated
It shall be the Recipient s
by the Redevelopment Services Director
Officer is kept informed ofthe
responsibility toassure that the Agreement
Recipi nt s activities arid the Recipient shall refer any decisions that must
be made by the Agency to the Agreement Officer

Neither this
4 3 Prohibition Against Subcontracting or Assignment
betransferred igried
Agreement nor any interest herein may as s

conveyed or encumbered voluntarily or by operation of law whether for

the benefit of creditors or otherwise without the prior written approval of

Agency In the event of any such unapproved transfer or as ignme

1t
e void
any bankruptcy proceeding this Agreement shall t No
including
approved transfer shall r lease the Recipient or any surety of Recipient of
aQY liability hereunder without the express consent of the Agency
4 4 IndepehdEmt Contractor Recipient is an independent contractor and
nothing contained in this Agreement shall be construed as creating a
reiationshipof employer and employee betvlleen the parties Agency shall
have no control over the lner
ma mode or means by which Recipient

performs the serVices hereunder Agency shall not be liable for any acts
of Recipient Recipient shall notify all prospective subcontractors of its
independent contractor status under this Agreement Recipient shall not
at any time or in any manner represerit that it or any of its agents or

employees of the Agency

employees are agents or

5 of 13 July 7 2009 Item o

 ARTICLEV INDEMNIFICATION

and
5 1 Indemnification Recipient agr es t defend indemnify save

harnile ss Age09Y employees from and against any

its officers agents and

and all Claims deniands lossesdefense costs or liability of any kind or

nature which Agency its officers agents and employees may sustain or
incur or which may be imposed upon them for injury or death of persons
or damage to property as a result of arising out of or in any manner

connected with Recipient s performance under the terms of this

c pting only liability ariSlrig out of the sole negligence or
Agreement eJ
willful misconduct of Agency its officers agents or employees

5 2 Termination Termination of this Agreement by either party by any

means does not relieve Recipient indemnity obligations in Section
of the
5 1

ARTICLE VI ADMINISTRATIVE REQUIREMENTS

6 1 Documentation and Recordkeeping Recipient shall maintain

The
records that are pertinent to activities funded under this Agreement The

Recipient shall retain such records pertinent to all expenditures incurred

under thisAgre ment and all services performed under this Agreemerit for
a period offour after the termination 6fall actiVities furideci under
years
4
this Agreement

6 2 Audits and In All Recipient records with respect to any

pections
matters covered made availaole to the Agency
by this Agreement shallbe
at any time normal business hours as often the Agency deems
as
1g
duri
necessary to audit examine and make excerpts or transcripts of all
relevant data Any deficiencies noted in aljdJt reports must be fully cleared
by Recipient within 30 days after Recipient receives notice of the
the

deficiency FailUre of the Recipient to comply with the above audit

requirements wilL constitute a violation of this Agreement and a defaultifor

purposes of se ction 7 3

ARTICLE VII ENFORCEMENT 0F AGREEMENT

7 1 Applicable Law The laws of the State of California shall govern and
control the terms and conditions of this AgrE ement The venue for any
suit or proceeding concerning this Agreement the interpretation or

CjjJplication of ariy of its terms or any related disputes shall be in the

County of San Diego State of California The prevailing party in any such
sUit or proceeding shall be entitled to a reasonable award of attorney s
fees in additionto any other award made in such suit or proceeding

7 2 Disputes If adispute should arise regaJding the performance of this

Agreement or compensation for work performed under this Agreement

6 of 13 July 7 2009 Item

I
 the parties hereqy agree attempt to settle the dispute by sub equent
to

agreement between the Recipient andthe gency s Agreement Officer

in this procediJre shall prohibit
prior to seeking other remedies f JQthiQg
the parties from seekingremediesavaH 9Je t them at law In the event of

litigation the prevaiJihg party shall be ehtitled to reasonable attorney fees

7 3 Reme dies Upon Default by Recipient Violation of any terms of this
Agreement by ReCipient constitutes default In the event of a default the
Agency will notify Recipient that it has thirty days to correct the violation
If the Recipient fails to correct the violation within thethirty day period

Recipient is obligated to repay thE Agengy an amount not to exceed the

total amount ofthegrant at the discretion of the Executive Director

7 4 Termination Either party may terminate this Agreement with thirty 30

days written notice Ih the event of a termination the Recipient may be
required to return some or all grant 1ds
fU not expended under this

Agreement as determined by the Executive Director

7 5 Waiver No failure of either the Agency or Recipierit to insist upon strict

performance by of any covenant term or conditiori of this

the other

Agreement ri r any failure to exercise any right or remedy consequent

upon a breach of any such covenant term or condition of this Agreement

shall constitute a waiver or any such breach of such covenart term or
condition No waiver of any oreach shall affect or alter this Agreement
and each and veyenantryco condition and teriTl hereof snail continue in
full force and effectlo any existing or subsequeht breach

7 6 and R Cumulative Except with respect to rghts

Rights rile9ies are

and remedies expressly declared to be exclusive in this Agreement the

rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall n t p retlude
the exercise it at the same or differeBt times of any other rights or
by
remedies for the same default or any other defaultby the other party
7 7 Legal Action In addition to any other riglits or remedies either party

may take legal a ction in law orin equity to cure correct or remedy any

default to recover damages for any default to complete specific

oflhis Agreement to obtainqeclaratory or injur1ctivji felief or
performance
to obtain any other remedy consistent with the purposes of the

Agreement

ARTICLEVIII AGENCY OFFICERS AND EMPLOYEES

8 1 Non Liabiljty of Agency Officers and Employees No officer or

employee oflh Agency shall be personally liable to the Recipient or any

successorYn interest in the event of any default or breach by the Agency
for anyamounrthat may become due to the Recipient or to its successor
or for breach of any obligation of the terms ofthis Agreement

7 of 13 July 7 2009 Item

 8 2 Conflict of Interest No officer or enpJ gyee of the Agency shall have any
or indirect
financial interest direct ih this Agreement nor shall any officer
or employee participate in any decision relating to the Agreement which
affects his or her financial interests or the financial interests of any

corporation partnership or association in which he or she is directly or

interested in violation of the state statute regulation The
indirectly ariy or

warrants that it has not and will not payor give any
Recipient paid or given
third party any money or other consideration for obtaining this Agreement

ARTICLE IX MISCELLANEOUS PROVISIONS

9 1 Notice Any notice demand request document

approval or consent
communication either party required is
give to
party or any to the other
other person shall be in writing and either served personally or sent by

prepaid first class mail In the case of the Agency notices shall be sent to
the attention of the Redevelopment Services Director Poway
Civic Center Drive Poway CA 92064 lri
Redevelopment Agency 13325
the case of ttie Recipient notices shall be sent to the attention of the

President CEO Poway Chamber of Commerce P O Box 868 Poway

CA 92074 0868 Notice shall be deemed communicated at the time
delivered in seventy two 72 hours from the time of mailing
personally or

if mailed as provided in this Section

9 2 Amendment It is understood that there are no oral

Integration
agreements between the affeCting this Agreement and this
parties hereto

Agreement supersedes and cancels any and all previous negotiations

arrangements agreements and understandings if any between the
This
parties and none shall be used to interpret this Agreement
Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing
9 3 Corporate Authority The persons executing this Agreement on behalf of
the parties hereby warrant that the party is duly Organized and existing
and the person executing the Agreement is duly authorized to execute and
deliver the Agreement on behalf of the party

8 of 13 July 7 2009 Item lia

 IN VIWIIHIEREOF
NESS the fieshave
Par executed this Agreement on

the date first setforth abov e

AGENCY GRANTRECIPIENT
POWAY REDEVELOPMENT AGENCY POWAY CHAMBER OF COMMERCE

By By
Rod Gould Executive Director Luanne Hulsizer President CEO

APPROVED AS TO FORM

By
Lisa Foster General Counsel
Agency

9 of 13 July 7 2009 Item lk

 ExhibitA

Poway Charhher ef Commerce Grant Request 2009 2010

July 1 2009

L Grant Provider City of Poway Redeyelopment

Agency

2 PrProjogreactm Business Otitreach RetehtiohSerVices

3 Contact Person DenaFuentes City of Po way Reaeyelopment Director

4 Address 13325 Civic Center Drive Poway Ca 92064 Phone 858 4545
668

5 Start End Dates July 1 2009 to June 30 2010

6 Purpose
The PowayChamber of Commerce proposes that through the following

programs yeIlts and designated proceeds that the City ofPo way utilize
theChaniber to assist in business outreach and as a support mechanism of
the local economy

7 Pro Program
ject Activities

a Business Outreach Retention Services The Poway Chamber of

Commerce proposes that it continues to assist the City of Poway during

the 2009 20iOfiscal year by providing collaborative services that
support a
strong local economy and qualityoflifefor locarbusinesses and
the community

On a
daily basis the Chamber staff provides callers andvisitors with
informationon city govemment local business visitor information and

communhyresources produces the Poway phone

The Chamber anpuallY
book Business Directory for distributjon throughoutthe regIon The

Poway Chamber also creates for distribution a citywide Restaurant Guide

EventCalendar every six months Plans for the 2009 1 O
20 year are to

provide eVen more resources on the Chamber swebsite to assist with

business referrals to enhance the promotjoIl of Poway YourFirstCEoice

provide enployerswith Human Resource information and witli

opportunity to access local state and federaLgovemment information as it

pertains to business

b PowayYour FirstChoice 2010 the Poway Chamber

During
2009
proposes to continue its collaboratiohWith the City s Redevelopment
Departirient inour shop local program The Chaniber will continue to
promote the Poway Your FirstChoice campaign through website
promotion event naming and cOll1munity posters In moving this
program forward the Chamber will assist Redevelopment with the
implementation and promotion of a YouTube video contestin which

for the of Poway 1

Prepared City

100f13 July 7 2009 Item lv

 of Commerce Grant Request 2009 2010
PowayChaJhber
local1ighschool media classes wllfcompete to display the winning video
onthe chamber ahd City websites The goal of this project is to leverage

marketing dollars and gain a larger visual presence

In addition the Ghamber proposesanew marketingprogram that will

bring together the businesses and reSidents of Poway through a Poway

Your First Choice discount card prognlln The Chamber will produce
a
savings tafd plastic that will b e distributed to the community
Chamber office and at events The Poway businesses who
tfuiouegh
decal will otfer consumers it discount
choose to display a
participation
recommend 15 Yo or more when they presenttheircard This next step in
the will serve to continue joint educational efforts
PYFCcampaign our

with the City of Po way by encouraging residents and employees to shop

local

c Partnership in Promotion The Poway Chamber of Commerce will

provide representation for the City ofPoway to the San Diego North
Convention Visitors Bureau

The Chiu1l15er will promote the City of Poway for relocation and to visitors

through ad JJlacement the SD North Travel Planner 2010

d Poway Leadership Institute

Communit Unfortunately due to lack of

participantS PCLl did not hold isne2s0io8n 2009 However planning

has begun and 20 0 fiscal year The
is moving forward for the 2009
ChaJnber of Commerce will continue to provide ative
Poway administ
support seIYices and fiscal oversight to thiscoliaborative program
peLl partnerscil clude the City the Pciway Unified School
ofPoway
District and the Poway Chamber of Commerce

8 SpecialEvents

a Fall Spri n g Street Fairs Every April November the Poway

Chamber of COInmerce produces a street fair that helps to bring local
business residents and visitors togetherfora fun filled familyevent
Because heCity of Po way supports theChamber s event whh the
provisjon of Public Works employees the Chamber will acknowledge the
City ofPciway by listing it as a Gold Sponsor for both the Fall Spring
Street Fa irs The Chamber will provide the City with three booths for the

Fail festivaland with up to fivebo

oths for the Spring the City will
provide its own canopies or can pay a
separate rental fee outside of this
grantagreement

New fOL2009 20 I 0 the Chamber will be moving its fall street fair to the
second Sunday in September and will re name the eventto The Poway
Dax Festival The Chamber will begin this year to transforih the festival

fof the City MPoway 2

Prepared

110f13 July 7 2009 Item

10
 PoWayChamber of Commerce Grant Request 2009 2010

toiefled the westem hetitage that has been loosely associated with the
other Although
eventsimSeptember not reflected in the financial request
oftliisgrant the Chamberis committedJopromoting all of the civic
events that occur
during the time of
Poway Days on a community
calendar poster that will be distributed throughout the community In
addition not subject to the financial request is the Chamber s
commitment to encourage and help local shopping centers restaurants
and businesses to coordinate their own
special events menus and sales

surrounding the Poway Days theme

As with the City of Poway Community Services Department

arranged s

the Chamber will ensure that the Spring Street Fair will coincide with
Earth DaY week The Chamber will provide reduced booth fees for

approximately 20 organizations or businesses whose primary purpose is

related to the preservation protection and development of sustainable
resources

b State of the City Breakfast The Poway Chamber of Commerce will

coordinate and promote the Poway State ofthe City Breakfast This
event will provide the Mayor of Poway and other City officials an

opportunity to share with the public the current condition ofthe Poway
community This event will also provide an opportunity for the City and
the Chamber to the Community The Poway Your First Choice
update on

campaign This event has sold out the past two years with 125 attendees
The Chamber will assure that this event will be held within the Poway city
limits

c San Diego County Fair Begin ingin

2008 the Poway Chamber of
Commerce has organized a
Poway day anhe San Diego County Fair

Although this event does not warrant any financial support within the
parameter of this grant agreement the Chamber requests that the City of
Poway allow staff to participate in helping us to showcase our
community The Chamber will once again continue this new annual
tradition in 20 I 0 teaming with the City of Poway Redevelopment

Department the Poway Midland Railroad the Poway Rodeo and others in
the promotion of Po way to the region and the fair s visitors

for the City of Poway 3

Prepared

12 of 13 July 7 2009 Item lk

 Poway Chamber of Commerce Grant Request 2009 2010

9 Proposed Annual Expenses

a Program oversight staffing 19 000 00

b SDNorth ConlVis Membership 400 00
c General Administrative 6 000 00 Utilities Lease Supplies etc

d Restaurant Ei1tertainment 1 000 00 Design Print

Guide 2 x per year
e PYFC Shop Local cards 2 000 00 Production cost for I 0 000 cards
f PYFC Merchant static cling decal 1 400 00 Production cost for 1 000 decals

g PYFC Web page You Tube 1 000 00

development
Earth Business incentive
h Day Festival 1 000 00 Green
State oftheCity 3 000 00 Venue food guarantee
Breakfast
1 500 00 Business Expo Gold Sponsor
1 Event Participation
Includes IOx20 booth one e

blast recognition in ads

website brochure 200

complimentary tickets

Total ActuaLExpense 36 300 00

Prepared for the City of Poway 4

13 of 13 July 7 2009 Item lh