HomeMy WebLinkAboutItem 07 - RFP Marketing Services TBID
Department Name: Administration and IT
Cost Center: 1006
For Agenda of: January 14, 2020
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Molly Cano, Tourism Manager
SUBJECT: REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN
LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT
RECOMMENDATION
As recommended by the Tourism Business Improvement District (TBID) Board:
1. Authorize the issuance of a Request for Proposals (RFP) (Attachment A) for contract
services for tourism marketing services; and
2. Authorize the City Manager to award the contract if proposals are within the project budget
of $1,000,000.
DISCUSSION
Background
In June 2008 Council adopted Ordinance 1517 establishing a tourism business improvement
district (TBID) as requested by the local lodging industry. The assessment became effective on
October 1, 2008 and the use of funds was defined in Section 12.42.030 as follow:
“This ordinance is made and enacted pursuant to the provisions of the Parking
and Business Improvement Area Law of 1989 (Sections 36500 et. seq., of the
California Streets and Highways Code). The purpose of forming the district as a
business improvement area under the Parking and Business Improvement Area
Law of 1989 is to provide revenue to defray the costs of services, activities and
programs promoting tourism which will benefit the operators of hotels in the
district through the promotion of scenic, recreational, cultural and other
attractions in the district as a tourist destination.”
In order to effectively and efficiently execute the marketing efforts for the district, the City via
the TBID Board actively retains a full-service agency-of-record to perform all marketing
functions. Over the tenure of the district, the TBID has issued two separate RFPs for the
selections of the agency to perform this work.
The current contract is for a two-year term with the ability to extend twice for additional one-
year term per extension. Those extensions will be exhausted on June 30, 2024.
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Establishment of the RFP
The TBID Board is a working Board and began discussing the RFP process in fall of 2019. In
order to effectively draft the RFP document in partnership with staff, the TBID appointed an
RFP Taskforce and provided input and direction as to the contract terms and budget amount. The
taskforce is comprised of three TBID Board members and is staffed by the City’s Tourism
Manager and Tourism Coordinator. The taskforce met four times between October - December
to develop the RFP.
Scope of Work
The expected scope of work is provided in the RFP (Attachment A) and outlined below, although
the final scope of work may be “fine-tuned” with the selected agency as a part of the contract
negotiations. The following are the minimum expected elements of the marketing services efforts
included in the work program for the selected agency.
1. Brand Amplification & Management: The agency will deliver recommendations to
position the existing brand in an impactful way. The agency will define and amplify the
unique qualities for San Luis Obispo as a visitor destination to achieve increased
awareness and drive interest and demand resulting in overnight stays.
2. Marketing Strategy, Plan & Execution: The agency will develop and successfully
execute a two-year Marketing and Advertising Plan based on research and insights that
supports the strategies approved by TBID. Includes Strategic Direction, Target
Market/Persona Development, Creative Strategy, Brand Amplification & Management,
Digital Strategy, Content Strategy, Promotional Campaigns and Media Plan. Once
developed, the agency must have the ability to work the approved plan, and when needed
provide insight and reasoning for tactful pivots in order to achieve the goals. The selected
marketing agency is responsible for the concept creative materials/campaign elements
(online, print, broadcast, etc.) as described in the Marketing and Advertising Plan. Once
approved, the agency will produce and bring to final form the approved advertising
materials to run on behalf of TBID.
3. Media Buy: The agency is responsible for developing and executing the media plan
presented in the Marketing and Advertising Plan approved by the TBID Board. Execution
includes placement, optimization, cancellations, auditing, payment to vendors and billing
of services.
4. Creative Services & Content Development/Management: The agency is responsible
for all additional creative and content creation and/or curation for entirety of marketing
efforts. This includes creating and managing content on the website (including general
descriptions, ShareSLO blog, SLO Happenings event calendar), all social channels,
digital newsletters & emails, advertorial copy and partner content contribution. On a
regular basis, the selected agency shall provide concept and creative services including
but not limited to print, web, digital media and event activation. Collateral and asset
development will be provided on an as-needed basis, the selected agency is responsible
for maintaining relationships with any subcontractors or vendors.
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5. Digital Management: The agency will be the principal advisor and provider to the
TBID for all online and website marketing strategy, including website services, blog
management, social media and subscriber database management. The website is the
central marketing element for the TBID. The board is not seeking recommendations for a
website redesign of VisitSLO.com. The agency will be responsible for on-going design
and development enhancements, content development, site development, maintenance
and hosting. This includes all written and visual content (photos, video, etc.) and
applicable alt tags, metadata and key word optimization, SEO and link building &
management, site ranking & Google score. The marketing agency will be responsible for
creating and managing content on the ShareSLO blog including writing and posting blog
copy on the website, ensuring that posts are search engine optimized, creating feature
graphics and adding photos from our library and/or stock assets into the post and
publishing. The agency is responsible for developing, executing and managing an annual
social strategy and program including community management, engagement campaigns
and a digital influencer strategy. ShareSLO is the TBID’s social identity. Current social
channels include Facebook, Instagram, Twitter, Pinterest and YouTube. The agency is
responsible for maintaining an e-mail automation system, managing subscriber lists and
utilizing lists accordingly. The selected agency will also be responsible for the
design/template customization, copy and distribution of the TBID e-newsletter. The
agency will be responsible for procuring and utilizing digital service tools or resources.
6. Public Relations Integration: Our public relations contractor (San Luis Obispo
Chamber of Commerce) leads efforts to engage media with press visits/FAM tours, press
releases, pitching, industry submissions and more. Our selected agency will be expected
to work in conjunction with our public relations contractor to ensure that messaging is
coordinated across all channels. Both our marketing contractor and public relations
contractor will be expected to work from the Marketing and Advertising Plan.
7. Reporting: The agency will be responsible for reporting on all work program outcomes
to the board, staff and stakeholders. This include the production of monthly activity
reports, delivery of written and verbal quarter production reports, and annual contract
review reports. In collaboration with staff, the agency will produce annually the
comprehensive TBID Board Annual Report in written, presentation and video forms.
Previous Council or Advisory Body Action
At the December 11, 2019 regular TBID Board meeting, the TBID Board approved the RFP and
established the recommendation to City Council. (Attachment B– TBID Board Minutes)
Policy Context
As referenced in the City’s Municipal Code, 12.42.030 and Sections 36501 of the California
Streets and Highways Code, the use of funds are for the general promotion of tourism within the
district is to include costs as specified in the business plan to be adopted annually by the city
council, and the marketing of the district to the travel industry in order to benefit local tourism
and the local hotel industry in the district.
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Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment
can be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting. The TBID reviewed the RFP at a public meeting on
December 11, 2019 and recommended approval as shown in the minutes (Attachment B).
Upon issuing of the RFP, all appropriate notification including RFP advertising, posting on the
City’s website and outreach will be performed.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2020-21 & 2021-22
Funding Identified: Yes
Fiscal Analysis:
Funding Sources 20-21 FY Cost
21-22 FY Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other: TBID $1,000,000 $1,000,000 $2,000,000
Total $2,000,000
In 2020-21, the TBID projected revenue is $1,626,600, which is intended to be used for tourism
marketing and promotion. A similar amount of revenue from the TBID assessment is projected
for 2021-22. All costs associated with TBID program expenditures are paid with TBID revenues
which are separate from the City’s General Fund. The actual appropriation of the funding
happens with the City’s adoption of the two-year financial plan.
ALTERNATIVES
1. The City Council may choose to deny or defer the approval to issue this RFP for marketing
services. Staff does not recommend this option as the existing marketing contract will expire
on June 30, 2020 without the ability to extend the term.
Attachments:
a - SLO TBID 2020-22 Marketing Services RFP_Draft
b - 12-11-2019 TBID Minutes DRAFT
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Notice Requesting Proposals for Destination Marketing Services
For the City of San Luis Obispo
Tourism Business Improvement District
The City of San Luis Obispo is requesting sealed proposals for consultant services associated with the
comprehensive marketing services for tourism promotion.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be
required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app-
web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of
Finance at or before February 28, 2020 at 3:00 pm PST when they will be opened publicly in the City Hall
Council Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time may not be considered. The preferred method of submission is
electronically via BidSync. If you wish to send a hard copy to guard against premature opening, each
proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the
proposal title, project number, proposer name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the project package.
An optional pre-proposal conference will be held to answer any questions that the prospective proposers
may have regarding the City's request for proposals.
Council Hearing Room
990 Palm Street, San Luis Obispo
February 6, 2020 at 9:00 am
(605) 475-4000, Code: 695684
A letter of Intent to Bid is requested, but not required for this RFP. The optional Intent to Bid is to be
submitted to the City’s Tourism Manager Molly Cano at mcano@slocity.org by 5:00 pm on February 18,
2020.
Project packages and additional information may be obtained at the City’s BidSync website at
www.BidSync.com. Please contact the City’s Tourism Manager Molly Cano at mcano@slocity.org with
any questions.
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TABLE OF CONTENTS
A. INTRODUCTION ......................................................................................................................................... 1
B. SCOPE OF WORK ....................................................................................................................................... 3
C. PROJECT SCHEDULE .................................................................................................................................. 5
D. PROJECT BUDGET ..................................................................................................................................... 5
E. GENERAL TERMS AND CONDITIONS ......................................................................................................... 5
F. SPECIAL TERMS AND CONDITIONS .................................................... ERROR! BOOKMARK NOT DEFINED.
G. FORM OF AGREEMENT ........................................................................................................................... 20
H. INSURANCE REQUIREMENTS .................................................................................................................. 22
I. PROPOSAL SUBMITTAL FORMS .......................................................... ERROR! BOOKMARK NOT DEFINED.
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A. INTRODUCTION
The City of San Luis Obispo’s (“City”) Tourism Business Improvement District (“TBID”) is seeking proposals
from full-service, qualified, highly creative and innovative marketing agencies for execution of the
integrated destination marketing program for the City.
I. Background
San Luis Obispo is a leading tourism destination on the Central Coast of California. Located halfway
between San Francisco and Los Angeles, the city is at the heart of the vibrant San Luis Obispo County
region (also known as “SLO CAL”). Approximately, 1.5 million visitors annually visit San Luis Obispo to
enjoy the destination offerings like the charming downtown, iconic attractions like the Mission, Bubble
Gum Alley and Farmers Market, Cal Poly State University, or use SLO as home base when visiting the
nearby beaches, wine regions or other attractions.
In October 2008, after decades of city directed efforts and at the request of the local lodging industry, the
San Luis Obispo City Council established the San Luis Obispo Tourism Business Improvement District. The
TBID is a special assessment district within the city that provides specific benefits to payors, by funding
marketing, advertising, promotions, and sales efforts for assessed businesses. To manage the district’s
activities, the City Council appointed an Advisory Board of hoteliers to make recommendations to Council
regarding the use of the assessment funds. The Board’s primary focus is to promote San Luis Obispo as a
visitor destination to enhance the economic wellbeing of the lodging industry.
In the eleven-year history of the TBID, the lodging businesses have seen great benefits from the tourism
marketing efforts of the district in the form of increased annual occupancy and average daily rate , and
subsequently the City has benefited from the increase in transient occupancy tax revenues. However,
within the past few years hotel room inventory within the city and the region has expanded dramatically
and will continue to grow. In order to combat that shift, the TBID desires to evolve their destination
marketing efforts to remain competitive and expand their market share.
II. Organization Structure
The TBID program is overseen by a City Council appointed Advisory Board. The Board is comprised of
seven SLO lodging members. Board members serve four-year staggered terms. The leadership consists of
a Chair and Vice Chair. TBID Board members, excluding the Board Chair, serve on the board appointed
Management and Marketing subcommittees.
The TBID is currently staffed by a team of two full-time City of San Luis Obispo employees. The program
functions of the staff TBID staff are project and contract management, local partnership development and
management, organizational planning and operations, stakeholder management and industry relations.
The team holds memberships with several industry professional organizations, including CAL Travel and
California Hotel & Lodging Association, and committee/board seats with a number of organizations,
including Visit SLO CAL, SLO Coast Wine Collection, Central Coast Tourism Council, Visit California and
others.
III. Objective
The TBID is requesting proposals from full-service marketing agencies to conduct the organization’s
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overall marketing and branding efforts. The TBID is looking for passionate, committed, creative people
with big ideas and possess the ability to execute those ideas effectively on behalf of the destination.
Responding agencies should have experience in marketing travel destinations and/or lifestyle brands. The
contracted agency will be responsible for creating and executing a comprehensive marketing plan to
support the TBID’s branding, marketing, advertising and digital initiatives.
IV. Current Agency Structure
The TBID currently operates with a marketing agency of record. The term of the current agency of record
will expire in June 2020. If the current agency of record does not successfully bid to extend their contract,
a transition period for the outgoing agency of record and the successful proposer will be established. The
intent is to have the marketing resources in place to develop the 2020-2022 marketing program. The
marketing agency will work collaboratively with all necessary partners to ensure a seamless brand
experience for potential visitors and stakeholders.
V. Contract Term & Financing
The successful proposer will enter into a contract for services with the City of San Luis Obispo. The
duration of the initial contract between the City and the selected agency is expected to begin July 1, 2020
and terminate on June 30, 2022. The City, based on the recommendation of the TBID Board, reserves the
right to renew the agreement for total of four (4) fiscal years, providing funding to do so is appropriated
for this purpose in subsequent budgets. There will be reviews annually in each year. Proposed renewals
are also assessed according to program direction, funding, and consistency of price and scope of work
continuity.
This contract will initially be funded up to $1 million for services rendered each fiscal year for the 2020-
2021 and 2021-2022 fiscal years. Funding at this level is dependent on the actualization of the overall
TBID revenues. This budget figure is inclusive but not limited to marketing strategy development and
execution, creative and content production, media planning and placement (both offline and online),
account management fees, and out-of-pocket expenses. However, the City reserves the right to adjust
both the budget and related services. The City is open to multiple avenues of service remuneration,
depending upon the preferences of the agency, in relation to TBID’s annual budget allocation.
VI. Response Structure
Prospective respondents are to submit proposals which demonstrate adeptness at providing an
integrated (and innovative) marketing approach to digital and traditional methods of media outreach. In
order to allow for varied agency models to participate in this RFP process, the TBID will accept responses
including:
• An individual agency may provide a response for the entire scope of services.
• One agency may provide a response for the scope of the services achieved through subcontracting
portions of work from alternate agencies. These proposals will need to identify the lead
contracting agency and subcontracting agencies and delineate the assigned work.
• Multiple agencies may collaborate to present a single proposal that includes the full scope of
work. These proposals will need to demonstrate previous projects that have required similar
collaboration and a clear definition of how communication will maximize the partnership of these
companies.
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B. SCOPE OF WORK
The selected agency is responsible for the comprehensive destination marketing functions across all
channels of paid, owned and managed. The work effort and production encompass development of all
creative, content, optimization and reporting for the TBID’s brand marketing program.
I. Marketing Service Elements
The following are the minimum expected elements of the marketing services efforts included in the work
program for the selected agency.
Brand Amplification & Management: The agency will deliver recommendations to position the existing
brand in an impactful way. The agency will define and amplify the unique selling proposition for San Luis
Obispo as a visitor destination to achieve increased awareness and drive demand resulting in overnight
stays.
Marketing Strategy, Plan & Execution: The agency will develop and successfully execute a two-year
Marketing and Advertising Plan based on research and insights that supports the strategies approved by
TBID. Includes Strategic Direction, Target Market/Persona Development, Creative Strategy, Brand
Amplification & Management, Digital Strategy, Content Strategy, Promotional Campaigns and Media Plan.
Once developed, the agency must have the ability to work the approved plan, and when needed provide
insight and reasoning for tactful pivots in order to achieve the goals. The selected marketing agency is
responsible for the concept creative materials/campaign elements (online, print, broadcast, etc.) as
described in the Marketing and Advertising Plan. Once approved, the agency will produce and bring to
final form the approved advertising materials to run on behalf of TBID.
Media Buy: The agency is responsible for developing and executing the media plan presented in the
Marketing and Advertising Plan approved by TBID Board. Execution includes placement, optimization,
cancellations, auditing, payment to vendors and billing.
Creative Services & Content Development/Management: The agency is responsible for all additional
creative and content creation and/or curation for entirety of marketing efforts. This includes creating and
managing content on the website (including general descriptions, ShareSLO blog, SLO Happenings event
calendar), all social channels, digital newsletters & emails, advertorial copy and partner content
contribution. On a regular basis, the selected agency shall provide concept and creative services including
but not limited to print, web, digital media and event activation. Collateral and asset development will be
provided on an as-needed basis, the selected agency is responsible for maintaining relationships with any
subcontractors or vendors.
Digital Management: The agency will be the principal advisor and provider to the TBID for all online and
website marketing strategy, including website services, blog management, social media and subscriber
database management. The website is the central marketing element for the TBID. The board is not
seeking recommendations for a website redesign of VisitSLO.com. The agency will be responsible for on-
going design and development enhancements, content development, site development, maintenance
and hosting. This includes all written and visual content (photos, video, etc.) and applicable alt tags,
metadata and key word optimization, SEO and link building & management, site ranking & Google score.
The marketing agency will be responsible for creating and managing content on the ShareSLO blog
including writing and posting blog copy on the website, ensuring that posts are search engine optimized,
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creating feature graphics and adding photos from our library and/or stock assets into the post and
publishing. The agency is responsible for developing, executing and managing an annual social strategy
and program including community management, engagement campaigns and a digital influencer strategy.
ShareSLO is the TBID’s social identity. Current social channels include Facebook, Instagram, Twitter,
Pinterest and YouTube. The agency is responsible for maintaining an e-mail automation system, managing
subscriber lists and utilizing lists accordingly. The selected agency will also be responsible for the
design/template customization, copy and distribution of the TBID e-newsletter. The agency will be
responsible for procuring and utilizing digital service tools or resources.
Public Relations Integration: Our public relations contractor (San Luis Obispo Chamber of Commerce)
leads efforts to engage media with press visits/FAM tours, press releases, pitching, industry submissions
and more. Our selected agency will be expected to work in conjunction with our public relations
contractor to ensure that messaging is coordinated across all channels. Both our marketing contractor
and public relations contractor will be expected to work from the Marketing and Advertising Plan.
Reporting: The agency will be responsible for reporting on all work program outcomes to the board, staff
and stakeholders. This include the production of monthly activity reports, delivery of written and verbal
quarter production reports, and annual contract review reports. In collaboration with staff, the agency
will produce annually the comprehensive TBID Board Annual Report in written, presentation and video
forms.
II. OPTIONAL SERVICES
In addition to those items listed in Part B Section I, Marketing Service Elements, there are services the
TBID may desire to use depending on the availability, quality and price of the service offered. Proposals
are not required to address optional services in order to be considered an acceptable proposal. Final
selection, however, of the successful proposal may be based on the ability of the consultant to provide
these services at an acceptable price as determined by the City.
• Proactive Public Relations support
• Event Attraction, Production & ROI Tracking
• Group Sales capabilities
III. ADDITIONAL SERVICES
If there are related services not otherwise identified in the RFP, the proposer may offer those to the TBID.
Proposals are not required to address any additional services in order to be considered an acceptable
proposal. However, final selection of the successful proposer may be based on the desirability of the
additional services offered.
IV. REFERENCE MATERIALS
Provided below are several TBID documents and plans related to the past, current and future marketing
efforts. The following should be carefully considered and integrated into the proposal:
• 2018-20 Marketing Plan
• 2018-19 Annual Report & Sizzle Reel
• AMF Research
• 2019-24 TBID Strategic Plan
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C. PROJECT SCHEDULE
The table below shows the preliminary timeline. Proposals shall include detailed schedules (with tasks,
milestones, deliverables, and meetings identified by month or quarter) that are generally consistent with
the preliminary timeline. It is understood that the schedule may be adjusted based on selected agency
feedback when the contract is finalized.
Preliminary Schedule Tasks
July – August • Marketing and Advertising Plan Development
September – May • Advertising Campaign
January – March • Seasonal Promotion
May • Review and Budgeting
D. PROJECT BUDGET
As referenced in Part A Section V Contract Term & Financing, this contract will initially be funded up to $1
million for services rendered each fiscal year for the 2020- 2021 and 2021-2022 fiscal years. Funding at
this level is dependent on the actualization of the overall TBID revenues. This budget figure is inclusive
but not limited to marketing strategy development and execution, creative and content production,
media planning and placement (both offline and online), account management fees, operational services
and resource, travel, contingency funding and out-of-pocket expenses. However, the City reserves the
right to adjust both the budget and related services. The City is open to multiple avenues of service
remuneration, depending upon the preferences of the agency, in relation to TBID’s annual budget
allocation.
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue
of its proposal submittal, the bidder acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To
guard against premature opening, the proposal should be clearly labeled with the proposal title,
project number, name of bidder, and date and time of proposal opening. No FAX or emailed
submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
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The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities
indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder’s intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior
to the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the
proposals.
7. Cooperative Purchasing. During the term of the contract, the successful bidder will extend all
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their place
of business and will be directly billed by the successful bidder.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter in more than one proposal, except an
alternative proposal when specifically requested; however, an individual or business entity that
has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on
materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from
quoting prices to other bidders submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of
60 days for examination and comparison. The City also reserves the right to waive non-substantial
irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a
proposal and accept the other, except to the extent that proposals are qualified by specific
limitations. See the “special terms and conditions” in Section C of these specifications for
proposal evaluation and contract award criteria.
10. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide,
in a timely manner, all information that the City deems necessary to make such a decision.
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11. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by
mail to it at the address given in its proposal. The contract shall be made in the form adopted by
the City and incorporated in these specifications.
CONTRACT PERFORMANCE
12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Section E of these specifications within 10 (ten) calendar days after
notice of contract award as a precondition to contract execution.
13. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license
& tax certificate before execution of the contract. Additional information regarding the City’s
business tax program may be obtained by calling (805) 781-7134.
14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry
out and complete the work hereunder in compliance with all federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances, regulations and adopted codes during its performance of the work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous
to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take
such other protective measures as are necessary to prevent accidents or damage or injury to the
public and employees.
20. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the
Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when
the Contractor began work.
21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
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State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall
be employed in the performance of the work hereunder.
22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it
will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination
in employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor
due to federal government restrictions arising out of defense or war programs, then the time of
completion may, at the City’s sole option, be extended for such periods as may be agreed upon
by the City and the Contractor. In the event that there is insufficient time to grant such extensions
prior to the completion date of the contract, the City may, at the time of acceptance of the work,
waive liquidated damages that may have accrued for failure to complete o n time, due to any of
the above, after hearing evidence as to the reasons for such delay, and making a finding as to the
causes of same.
24. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor (Net 30).
25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done, and all materials furnished, if any,
shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve
Contractor of any of its obligations to fulfill its contract requirements.
26. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any
payment to Contractor.
27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree
with the performance of the work hereunder. The Contractor further covenants that, in the
performance of this work, no subcontractor or person having such an interest shall be employed.
The Contractor certifies that no one who has or will have any financial interest in performing this
work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent contractor
and not an agent or employee of the City.
28. Hold Harmless and Indemnification.
(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law
(including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall
indemnify, defend, and hold harmless the City, and its elected officials, officers, employees,
volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims,
liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs
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of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to
perform its obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s active or passive negligence, except for such loss or damage arising from the
sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a
party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s
performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees
or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable
legal fees, incurred in defense of such claims.
(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a
“construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall
apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold
harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”),
arising out of the Consultant’s performance or Consultant’s failure to perform its obligations
under this Agreement or out of the operations conducted by Consultant, except for such loss or
damage arising from the active negligence, sole negligence or willful misconduct of the City. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims.
(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope
of Services require Consultant to provide “design professional services” as those phrases are used
in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest
extent permitted by law (including, but not limited to California Civil Code Sections 2782 and
2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials,
officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims,
damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and
expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or
willful misconduct of Consultant, except to the extent caused by the sole negligence, active
negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any
subcontractor employed by Consultant shall be conclusively deemed to be the negligence,
recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In
the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide
a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their
costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event
shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s
proportionate percentage of fault. However, notwithstanding the previous sentence, in the event
one or more defendants is unable to pay its share of defense costs due to bankruptcy or
dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid
defense costs.
(d) The review, acceptance or approval of the Consultant’s work or work product by any
indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense
obligations. This Section survives completion of the services or the termination of this contract.
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The provisions of this Section are not limited by and do not affect the provisions of this contract
relating to insurance.
29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of
the contract, or its right, title or interest, or its power to execute such a contract to any individual
or business entity of any kind without the previous written consent of the City.
30. Termination for Convenience. The City may terminate all or part of this Agreement for any or no
reason at any time by giving 30 days written notice to Contractor. Should the City terminate this
Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf
products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase
price; (b) for custom products, the less of a reasonable price for the raw materials, components
work in progress and any finished units on hand or the price per unit reflected on this Agreement.
For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of
a reasonable price for the services rendered prior to termination, or the price for the services
reflected on this Agreement. Upon termination notice from the City, Contractor must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished
goods.
31. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the
contract immediately by written notice to the Contractor to said effect. Thereafter, neither party
shall have any further duties, obligations, responsibilities, or rights under the contract except,
however, any and all obligations of the Contractor’s surety shall remain in full force and effect,
and shall not be extinguished, reduced, or in any manner waived by the terminations thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed
from the beginning date in which the breach occurs up to the day it received the City’s Notice of
Termination, minus any offset from such payment representing the City’s damages from such
breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone
or task satisfactorily delivered or completed by the Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by the Contractor shall be based solely on the City’s assessment of the value of the work-
in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed
abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a
full and complete accounting of costs. In no event, however, shall the Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues.
Therefore, for bids from retail firms located in the City at the time of proposal closing for which
sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the
proposal by the City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract
award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves
the right to declare said proposer is no longer the lowest responsible, responsive proposer and to
accept the next acceptable low proposal from a proposer that is not experiencing a labo r action,
and to declare it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) fails to enter into
the contract: the award will be annulled; any bid security will be forfeited in accordance with the
special terms and conditions if a proposer's bond or security is required; and an award may be
made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if
it were the party to whom the first award was made.
5. Contract Term.
The supplies or services identified in this specification will be used by the City for up to one year.
The prices quoted for these items must be valid for the entire period indicated above unless
otherwise conditioned by the proposer in its proposal.
6. Contract Extension.
The term of the contract may be extended by mutual consent for one additional two-year term,
for a total of four years.
7. Supplemental Purchases
Supplemental purchases may be made from the successful proposer during the contract term in
addition to the items listed in the Detail Proposal Submittal Form. For these supplemental
purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other
similar customers for the same item. If the proposer is willing to offer the City a standard discount
on all supplemental purchases from its generally prevailing or published price structure during
the contract term, this offer and the amount of discount on a percentage basis should be provided
with the proposal submittal.
8. Contractor Invoices.
The Contractor may deliver either a monthly invoice to the City with attached copies of detail
invoices as supporting detail, or in one lump-sum upon completion.
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9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the
contract term.
10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general
quality levels. Such references are not intended to be restrictive. Proposals will be considered for
any brand that meets or exceeds the quality of the specifications given for any item. In the event
an alternate brand name is proposed, supplemental documentation shall be provided
demonstrating that the alternate brand name meets or exceeds the requirements specified
herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer,
and the City shall be the sole judge in making this determination.
11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and
conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis
Obispo by the successful proposer and received by the City within 90 days after authorization to
proceed by the City.
12. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
13. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the
agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of
25% shall be subject to negotiation with the Contractor.
14. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any
past governmental agency bidding or contract disqualifications on the form provided in the RFP
package.
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PROPOSAL CONTENT
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
o Proposal submittal summary.
o Certificate of insurance.
o References from at least three contacts for whom you have provided similar services.
o Professional work product samples.
Qualifications & Description of Prosper
o Services & Activities. Provide a description of the nature of the agency’s services and
activities. Provide the year in which the agency was formed and any acquisitions in the
past 5-years. Note the company’s history and expertise in travel and tourism advertising.
List the address from which the primary work on the contract would be performed and
size of agency by headcount. List the number of full and part-time employees. Do not list
any subcontractors in this section.
o Conflicts of Interest. List all tourism-related clients for whom you have acted in the United
States during the past 18 months. You must certify that there are no conflicts of interest
between any existing contracts. Client relationships that could potentially be a conflict of
interest must be listed together with a discussion of how the agency will resolve the
potential conflict of interest. The selected agency cannot be working with a DMO located
in San Luis Obispo County during the contract period.
o Personnel/Management. Identify those individuals on the agency’s account team who
will manage the contract work by position title. Include a description of the duties for
each position title. Identify specific individuals who will be conducting day-to-day
activities. Include the number of years employed by the agency. Note who will be the
contract manager and primary contact. Please indicate availability and accessibility of
agency resources and staff devoted to this campaign.
o Subcontractors. Identify all proposed subcontractors. Document which portions of service
they will be perform and address their ability to perform the work. Additionally, Proposer
should submit signed letters of commitment for all proposed subcontractors. The use of
subcontractors is subject to approval by the Tourism Manager. In the case subcontractors
are approved their costs will be the responsibility of the agency and should be included
in the proposal and Scope of Work (SOW).
o Statement and explanation of any instances where your agency or subcontractors has
been removed from a project or disqualified from proposing on a project.
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Scope of Work Acknowledgment
For each of the following project areas, the Proposer should prove capability; describing strategies
to be used and quality controls. Sufficient detail must be given and must include examples of past
projects, ability to meet deadlines, and managerial experience. The Proposer should demonstrate
knowledge of the tourism space, knowledge and understanding of brand in marketplace, and the
shifting dynamics of how consumers receive and use information today.
o Website Design: Provide an overview of how your agency approaches website design.
Discuss your experience inheriting a project with an existing website. Discuss a strategy
to develop a design enhancements that not only meets the technical and communication
requirements for TBID and its lodging members, but ensures an engaging, memorable
experience to consumers, encourages repeat visits over time and incorporates current
technology, customer experience and trends. Discuss your familiarity and experience
using a WordPress based site.
o Marketing Planning: Discuss your strategic account planning process. What goes into the
development of a plan? What type of research do you do? How do you create a unique
selling proposition for a destination? Etc.
o Advertising Campaign Development: Demonstrate how your agency develops a holistic
approach to client brand advertising, integrating interactive, including social, into the
overall strategy. Include how your media planning has changed due to barriers effecting
traditional advertising. How does your agency approach extend beyond the standard
traditional ad placements? Exemplify how your agency has evolved based on the way
consumers receive and use information today.
o Production/Creative: Do you do production in-house? If so, what aspects? If not, how do
you manage production? Is your creative team located in the office that this account will
be managed? Show current and/or past client examples of how your brand development
moves across all mediums.
o Media Planning & Buying: Provide us with your process in deciding where, when, and how
to purchase media. What tools or analytics do you use? What elements determine your
purchasing decisions? Optimization strategy? Give us an overview of your philosophy as
it relates to planning and buying media domestically for a budget of our size and
tracking/optimizing to metrics.
o Promotional and Strategic Partnerships: Where do strategic partnerships or alliances fit
into your overall approach? How have you used strategic partnerships to extend a client’s
budget and exposure? Please provide examples or case studies of big picture strategic
partnerships you have facilitated in the past.
o Social Media: Show us how you integrate social media into a brand strategy and how you
would approach a domestic social strategy. Discuss your experience and success utilizing
influencers in your strategy.
o Public Relations: Discuss your agency’s experience in destination communication. How
would you approach integrating PR efforts performed by a partner into the larger
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program? What is your experience pitching top tier media?
o Research & Analytics: Provide an overview of how you determine success. What are the
analytic tools or services that you use, and what type of information will you be reporting
back to TBID monthly as it relates to meeting our objectives? Please define how your
analytics can be converted into insights, and how the insights will help guide us in making
decisions on how we market in the future.
o Travel and Administration: Estimate travel (attend TBID Board meetings), monthly
marketing committee meetings (can be done virtually), internal weekly team meetings
(can be done virtually), communication and postage/shipping expenses expected to incur
during contract period, and any additional reserve funds to be held for marketing
contingencies.
Innovation Case Study
The TBID is constantly seeking new opportunities to connect with our target audiences and build
and leverage the power of the San Luis Obispo brand. Provide a case study that demonstrates
how your agency has pushed a client beyond the norm for their industry and achieved success.
The example does not have to be tourism specific.
Work Program
o Work Plan: Submit a preliminary work plan or schedule for the completion of the
following project tasks based on a contract period of July 1, 2020 – June 30, 2022. The
objective of the work plan is to give TBID an opportunity to study how Proposers would
schedule various elements and distribute the workload among staff. Include the
estimated hours for your staff in performing each phase of the work, including
subcontractors, so we can clearly see who will be doing what work, and how much time
it will take. The Work Plan should include a schedule for completion of the following
project tasks:
o Brand evaluation for depth and execution
o Strategic Marketing Planning
o Advertising Campaign Development
o Production/Creative Services/Content Development
o Website Enhancements
o Media Planning & Buying
o Research & Analytics
o Reporting
o Any other information that would assist us in making this contract award decision.
o Description of assumptions critical to development of the response which may impact
cost or scope.
Budget
Proposer shall provide an overview of how they would allocate the TBID budget using
percentages. These allocations will be used to demonstrate your agency’s philosophy on resource
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allocation and compensation. If commission or other fees are part of the media or production
breakdown, proposers must list the percentage rates of those commissions and fees. Please also
provide your point of view on compensation – commission, retainer, hourly fees or any hybrid
approach.
Please provide a cost proposal/rate sheet for all work elements described in this RFP. Cost
proposal must contain any and all costs that would be invoiced to the SLO TBID for the
performance of these services. The proposal should contain:
• Hourly billing rates
• Projected hours by task
• Any additional costs/charges (e.g., travel, print, etc.)
• Annual rate increases, if any
• Terms of payment
References
o The names, email addresses and phone numbers of a least three clients we may contact.
Projects done for these clients should be similar in scope and style to the RFP.
o Three examples of quality deliverables produced in the past two years.
Proposal Length
o Proposers will provide a maximum 30-page proposal. This page limit for proposal content
is exclusive of a cover sheet and required City forms and appendices.
2. Proposal Evaluation and Selection. Proposals will be evaluated by the TBID Board using a two-
phase selection process as follows:
Phase 1 – Written Proposal Review/Finalist Candidate Selection. The written proposals will be
evaluated on the following criteria:
o Understanding of the work required by the TBID.
o Quality, clarity and responsiveness of the proposal.
o Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the TBID.
o Recent team experience in successfully performing similar services.
o Creativity of the proposed approach in completing the work.
o Value.
o Writing skills.
o References.
o Background and experience of the specific individuals managing and assigned to this
project.
Phase 2 – Oral Presentations and Consultant Selection. Finalist candidates will make 1-2 oral
presentations to the TBID Board and staff. The purpose of this second phase is to clarify and resolve
any outstanding questions or issues about the proposal and to evaluate the proposer’s ability to
clearly and concisely present information orally.
The contract award will not be based solely on price, but on a combination of factors as determined
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to be in the best interest of the TBID. After evaluating the proposals and discussing them further
with the finalists or the tentatively selected contractor, the City reserves the right to further
negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award. The schedule is subject to change.
o Issue RFP January 21, 2020
o Pre-Proposal Conference (optional) February 6, 2020
o Intent to Bid (optional) February 18, 2020
o Receive proposals February 28 @ 3:00 pm
o Complete proposal evaluations Week of March 16, 2020
o Conduct finalist interviews #1 Week of April 6, 2020
o Conduct finalist interviews #2 Week of April 27, 2020
o Finalize recommendation May 13, 2020
o Execute contract May 25, 2020
o Start work July 1, 2020
4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following
location, date, and time to answer any questions that prospective bidders may have regarding
this RFP:
February 6, 2020 at 09:00 am PST
(605) 475-4000, Code: 695684
5. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Contractor as part of the work or services under these specifications shall
become the permanent property of the City and shall be delivered to the City upon demand.
6. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of the City and shall not be made available to any individual
or organization by the Contractor without the prior written approval of the City.
7. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, the Contractor shall
provide such additional copies as are requested, and City shall compensate the Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
8. Required Deliverable Products. The Contractor will be required to provide:
o One electronic submission - digital-ready original .pdf of all final documents. If you wish
to file a paper copy, please submit in sealed envelope to the address provided in the RFP.
o Corresponding computer files compatible with the following programs whenever possible
unless otherwise directed by the project manager:
Word Processing: MS Word
Spreadsheets: MS Excel
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Desktop Publishing: InDesign
Virtual Models: Sketch Up
Digital Maps: Geodatabase shape files in
State Plan Coordinate System as
specified by City GIS staff
o City staff will review any documents or materials provided by the Contractor and, where
necessary, the Contractor will be required to respond to staff comments and make such
changes as deemed appropriate.
ALTERNATIVE PROPOSALS
9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternative
and discuss under what circumstances the City would prefer one alternative to the other(s).
10. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and discuss
its findings and recommendations. Contractor shall attend as many "working" meetings with staff
as necessary in performing work-scope tasks.
11. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as City
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall
bear sole responsibility for proposal preparation errors resulting from any misstatements or
omissions in the plans and specifications that could easily have been ascertained by examining
either the project site or accurate test data in the City's possession. Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any patent
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure
to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An
ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming
reasonable skill, ability and diligence on its part, knew or should have known of the existence o f
the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in
writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any
right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that these specifications constitute performance specifications, the City shall not be
liable for costs incurred by the successful bidder to achieve the project’s objective or standard
beyond the amounts provided there for in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the plans and/or specifications, or any other matter whatsoever,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
shall continue to perform, irrespective of whether or not the ambiguity or defect is major,
material, minor or trivial, and irrespective of whether or not a change order, time extension, or
additional compensation has been granted by City. Failure to provide the hereinbefore described
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written notice within one (1) working day of contractor's becoming aware of the facts giving rise
to the dispute shall constitute a waiver of the right to assert the causative role of the defect or
ambiguity in the plans or specifications concerning the dispute.
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SECTION G: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by
and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, on [date], City requested proposals for [______________], per Project No. [xxxx]
WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City
for said project;
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, until acceptance or completion of said project.
2. INCORPORATION BY REFERENCE. City Project No. [xxxxx] and Contractor’ proposal dated
[date], are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will
pay, and Contractor shall receive therefore compensation [xxxxxxx]. Contractor shall be eligible for
compensation installments after completion of milestone Tasks -E as shown in the attached project
schedule.
4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and
agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to
do everything required by this Agreement and the said specifications.
5. AMENDMENTS. Any amendment, modification or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the City Manager.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto.
No oral agreement, understanding or representation not reduced to writing and specifically incorporated
herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation
be binding upon the parties hereto.
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7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,
postage prepaid by registered or certified mail addressed as follows:
City Name
Dept.
Address
Consultant Name
Title
Address
Address
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
everyone executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
CITY OF SAN LUIS OBISPO:
By:_____________________________________
City Manager
APPROVED AS TO FORM: CONSULTANT:
________________________________ By: _____________________________________
City Attorney Name of CAO / President
Its: CAO / President
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SECTION H: INSURANCE REQUIREMENTS
Consultant Services
The Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance
of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: Contractor shall maintain commercial general liability insurance with coverage
at least as broad as Insurance Services Office form CG 00 01, in an amount not less than
$1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and
property damage. The policy must include contractual liability that has not been amended. Any
endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile Liability: Contractor shall maintain automobile insurance at least as broad as
Insurance Services Office form CA 00 01 covering bodily injury and property damage for all
activities of the Vendor arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount
not less than $1,000,000 combined single limit for each accident.
3. Employer's Liability: Contractor shall maintain Workers’ Compensation Insurance (Statutory
Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall
submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement
in favor of the City, its officers, agents, employees and volunteers.
4. Errors and Omissions Liability: Contractor shall maintain professional liability insurance that
covers the Services to be performed in connection with this Agreement, in the minimum amount
of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the effective date of this agreement and Consultant agrees to
maintain continuous coverage through a period no less than three years after completion of the
services required by this agreement.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
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Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the
Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City, its officers,
official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to
waive subrogation against Agency, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Vendor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby
waives its own right of recovery against Agency, and shall require similar written express waivers
and insurance clauses from each of its subconsultants.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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SECTION I: PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he has carefully examined Specification No. 97-8, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following not to exceed cost quoted in
full:
Description 2020-21 2021-22
Tourism Marketing Services
TOTAL $ $
❑ Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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Item #7
City of San Luis Obispo
Specification No. 9xxxx
-25-
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Item #7
City of San Luis Obispo
Specification No. 9xxxx
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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City of San Luis Obispo
Specification No. 9xxxx
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in
it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
◼ Do you have any disqualification as described in the above paragraph to declare?
Yes ❑ No ❑
◼ If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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DRAFT Minutes – Tourism Business Improvement District Board Meeting of 12/11/19 Pg. 1
Minutes - DRAFT
TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD
Wednesday, December 11, 2019
Regular Meeting of the Tourism Business Improvement District Board
CALL TO ORDER
The regular meeting of the San Luis Obispo Tourism Business Improvement District Board was called to
order on Wednesday, December 11, 2019 at 10:01 a.m. in City Hall’s Council Hearing Room, located at
990 Palm Street, San Luis Obispo, California, by Chair Bruce Skidmore.
ROLL CALL
Present: Chair Bruce Skidmore and Board Members Nipool Patel, LeBren Young-Harris (10:16 a.m.
arrival) Kristin Battaglia, and Pragna Patel-Mueller
Absent: Dean Hutton and John Conner
Staff: Tourism Manager Molly Cano and Tourism Coordinator Chantal Burns
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Caroline Whitaker and Kelsey Prins from Hotel Cerro introduced themselves.
--End of Public Comment--
CONSENT ITEMS
C.1 Minutes of Meeting on Wednesday, November 13, 2019
C.2 Smith Travel Report
C.3 SLO Chamber Public Relations Activities Report
C.4 AMF + Matchfire Marketing Services Report
C.5 SLO Chamber Guest Services Report
C.6 Transient Occupancy Tax (TOT) Report
C.7 Q2 SLO Happenings Event Promotion Sponsorships
Public Comment
None.
--End of Public Comment--
ACTION: MOTION BY COMMITTEE MEMBER PATEL-MUELLER, SECONDED BY
COMMITTEE MEMBER PATEL, CARRIED 4-0-3, TO APPROVE THE CONSENT AGENDA ITEMS
1 THRU 7.
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Item #7
DRAFT Minutes – Tourism Business Improvement District Board Meeting of 12/11/19 Pg. 2
BUSINESS ITEMS
1. 2020-2022 TBID MARKETING SERVICES RFP
Tourism Manager Cano and RFP Taskforce members presented the draft RFP document and its highlights.
Board members discussed the different components of the draft document and provided feedback. After taking
action on the Marketing Services RFP, board members reviewed the draft Evaluation Sheet and discussed the
evaluation points. Board members provided direction to staff to adj ust the total available evaluation points to a
total scale of 100 points (50 points available for Administration and 50 points available for Scope of Work).
Public Comments:
None.
---End of Public Comments---
ACTION: MOTION BY BOARD MEMBER PATEL-MUELLER, SECOND BY BOARD
MEMBER PATEL CARRIED 6-0-3, to move and approve the draft 2020-2022 TBID Marketing
Services RFP document as presented.
TBID LIAISON REPORTS AND COMMUNICATION
1. Hotelier Update –
• Hotel Cerro is planned to open next month
• Liaison property outreach
• New legislative issues
2. Management Committee Update - December 5, 2019 minutes are in the packet for review.
3. Marketing Committee Update – December 4, 2019 minutes are in the packet for review.
4. PCC Update – November 13, 2019 minutes in packet for review.
5. Visit SLO CAL Update – Tourism Manager Cano and Vice Chair Patel;
• The December Marketing Committee was cancelled
• Upcoming staffing changes
• Spartan Race event sponsorship
• Visitor Center update
6. Tourism Program Update – Tourism Manager Cano;
• CCTC East Coast Campaign and shift in president
• Upcoming meeting with Cal Poly NSTP to start discussing SLO Discovery Weekends
• Event sponsorship updates
• Open recruitment for advisory bodies
ADJOURNMENT
The meeting was adjourned at 11:00 a.m. The next Tourism Business Improvement District Board meeting
is scheduled for Wednesday, January 8, 2019 at 10:00 a.m., at City Hall, 990 Palm Street, San Luis Obispo,
CA.
APPROVED BY THE TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD: XX/XX/XXXX
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