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HomeMy WebLinkAboutVisitor Information Services Contract 2009W THIS AGREEMENT is made and entered into in the City of "' this &4W day of bl.G tcs r 2009, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and; thg. $? !aM"M-M'7W E 3CE u INCe ;,d rlora rofit corporation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City desires to contract with the Chamber of Commerce to promote its advantages as a travel destination for tourists, disseminate visitor information and properly respond to inquiries about activities taking place in the City; and WHEREAS, Contractor is qualified and its visitors center is equipped to carry out such activities on behalf of the City, and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner; WHEREAS, the City and Contractor had previously entered into an Agreement on August 18, 2005 for visitor center services and website marketing and as recommended by the PCC, the City wishes to continue to contract with the Contractor for these services; 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 July 1, 2009 until June 30, 2010. 2. INCORPORATION BY REFERENCE. The scope of work, attached as Exhibit A to this agreement is incorporated herein by reference. 3. REPRESENTATION FOR PROGRAM COORDINATION, 3.1 City. The City Manager or his or her designated representative shall be the Project Manager representing the City for all purposes under this agreement. 3.2 Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for the Contractor at the commencement of the term of this agreement. Lindsey Miller, Marketing Director of Contractor, is designated as the Project Manager. Should circumstances or conditions subsequent to the execution of this document require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written approval by the City Project Manager. 4. CITY'S OBLIGATIONS. 4.1. Ongoing Services. For providing services as specified in Exhibit A to this Agreement, and upon receipt of Contractor's monthly contractor report, City agrees to pay to Contractor twelve (12) monthly installment payments, in the amount of Seven Thousand Six Hundred and Twenty Five ($7,625), for a total of Ninety One Thousand Five Hundred Dollars ($91,500) for FY 2009 -10 4.2. Visitors Center Improvements. In order to update the center's appearance and to enhance the user experience, the Contractor will equip the center with a 65" LCD TV and produce a 10- minute High Definition video featuring tourist attractions and activities in San Luis Obispo. The City agrees to reimburse Contractor for this work upon receipt of actual invoices therefore in an amount not to exceed Thirteen Thousand dollars ($13,000). 5. CONTRACTOR'S OBLIGATIONS. 5. 1. Scope of Work - Exhibit A. For and in consideration of City's promises and the payment obligations, Contractor shall provide services as described in Exhibit A attached hereto and incorporated by reference into this Agreement. 5.2. Coordination of Efforts with other Contractors. Contractor acknowledges the potential for duplication of efforts and costs as a result of the City's agreements with other contractors under its Community Promotions program. To coordinate efforts, Contractor shall participate in monthly meetings of the Promotional Coordinating Committee' and its Marketing Subcommittee, and shall provide a 60 -day action plan at the meeting. In performing its services under this agreement, the Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid duplication of costs associated with the Promotional Services. 5.3 Promotion of City Properties. Contractor agrees that during its promotion of City and fulfillment of the terms of this contract that it shall promote all City of San Luis Obispo lodging properties, whether or not they are member of the San Luis Obispo Chamber of Commerce. Contractor specifically acknowledges that this promotional effort could require the production of separate materials to include non- member lodging properties on an information list and a link on the visitslo.com website to a list of non - member properties. 5.4. Allocation of Funds. Contractor shall allocate a total of Fifteen Thousand Dollars ($15,000) annually from payments made to Contractor by City pursuant to Section 4.1 above for the maintenance and improvement to the visitslo.com website. The nature and extent of any improvements or changes to the site shall be mutually agreeable to both parties and are more particularly described in Exhibit A. 6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general terms and conditions as specified in Exhibit B, attached and incorporated herein by reference. 7. INSURANCE. The Contractor shall procure and maintain for the duration of the contract insurance which meets the requirements of Exhibit C, attached and incorporated herein by reference. As evidence of this insurance, the Contractor shall provide the City with both, a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured ". 8. 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 Council, or the City Manager for amounts up to the authority granted to the City Manager by the City Council. 9. INDEPENDENT CONTRACTOR. Notwithstanding any representations, oral or written, between the parties, including any and all agents or representatives thereof, Contractor at all times covered by the terms of this agreement is acting as a free and independent contractor, not as an agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in performing the details of work herein. 10. 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. 11. 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 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Chamber of Commerce 1039 Chorro Street San Luis Obispo, CA 93401 Attn: Dave Garth 12. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual 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. ATTEST: d tr APPROVED AS TO FORM: Jo owell, City Attorney CITY OF SAN LUIS OBISPO, A Municipal Corporation David F. Romero, Mayor CONTRACTOR By: Dave Garth, President/CEO San Luis Obispo Chamber of Commerce 2. Use the City of San Luis Obispo's Community Promotion's Brand, San Luis Obispo — Experience the SLO Life! or any newly developed tourism brand in visitor and electronic information materials. 3. Maintain a public office in a central location in Downtown San Luis Obispo for visitor information (the "Visitors Center") that has regular hours that suits the needs of visitors. 3.1. The Visitors Center is presently located at 1039 Chorro Street, very near to the historic Mission San Luis Obispo de Tolosa. The City acknowledges that the present location of the Visitors Center may have to change to another suitable downtown location during the term of this contract because of the anticipated redevelopment and seismic retrofit of the property. The Chamber agrees to provide 30 -day written notice to the City of any relocation of the Visitors Center. 4. Provide visitor information that suits the needs of visitors to San Luis Obispo. 4.1. Provide high level of personal customer service to visitors with an adequate number of trained employees to handle the seasonal flow of visitors to the Visitors Center. 4.2. Respond to high volumes of information requests including telephone calls and emails. 4.3. Serve as a contract for information requests from potential visitors as well as an activity resources and a referral agency to the City's lodging members. 4.4. Maintain electronically an annual events calendar. 4.5. In the Visitors Center dispense City maps, hotel /motel directories, visitors' guides, brochures, pamphlets, and general statistics about the community. 5. Maintain and consistently update the "visits lo. com" website by providing: 5.1. A media room 5.2. A list of "what to do" in San Luis Obispo when traveling with children and pets. 5.3. Information of cultural events and activities in the City of San Luis Obispo. 5.4. Historical information with a particular focus on the Mission. 5.5. Electronic versions of maps and brochures useful to visitors. 5.6. Produce and post a monthly electronic newsletter on activities in the City. 5.7. Monitor search engine response to key words related to visiting San Luis Obispo. 6. Provide written reports on activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration Department to be included in the Promotional Coordinating Committee' monthly meeting packets. At a minimum the reports shall include: 6.1. Summary of activities & achievements relating to work scope as outlined in Appendix A 6.2. Summary of monthly website information. 6.3. Number of visitors to the center for the month. 6.4. Number of respondents to various promotional activities for the month and aggregated total. 6.5. Summary of monthly telephone and email information requests. 6.6. Type and quantity of any special materials distributed to groups. 6.7. Summary of partnerships with event organizations in the Visitors Center 7. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events. 8. In order to modernize the Visitors Center and enhance the user experience, the contractor will: 8.1. Equip the Visitors Center with a 65 LCD TV monitor, and 8.2. Produce a 10- minute High Definition video to be shown in the Visitors Center and feature activities and attractions in San Luis Obispo.