HomeMy WebLinkAbout07/10/2001, B5 - 2001-03 TOURISM PROMOTIONAL PROGRAM council to r
ACEn0A uEpont 86-
C I T Y
3CITY OF SAN LUIS OBISPO 't
FROM: Wendy George,Assistant City Administrative Officer lP6
Prepared By: Shelly Stanwyck,Economic Development Manager
SUBJECT: 2001-03 TOURISM PROMOTIONAL PROGRAM
PROMOTIONAL COORDINATING COMMITTEE (PCC)RECOMMENDATION
(1) Approve funding for and authorize the Mayor to execute a two-year contract with the Visitors and
Conference Bureau (VCB) for promotional services in the amount of $66,000 for 2001-02 and
$68,000 for 2001-03 (which are the amounts approved in the 2001-03 Financial Plan).
(2) Approve funding for and authorize the Mayor to execute a two-year contract with the Chamber of
Commerce for visitor services in the amount of$85,000 for 2001-02 and $87,400 for 2002-03. This
recommendation provides that if the rent for the Visitors Center increases, additional funding, up to
50% of the increase, will be paid toward the monthly rent for the Visitors Center; but not to exceed
$500 per month(which exceed the amounts approved in the 2001-03 Financial Plan).
(3) Approve funding for and authorize the Mayor to execute a two-year contract with the Chamber of
Commerce for promotional services in the amount of$38,600 in 2001-02 and $39,800 for 2002-03
(which are the amounts approved in the 2001-03 Financial Plan).
(4) Approve funding for and authorize the Mayor to execute an amendment (extending the term for two
years) to the contract with the firm of Bamett, Cox & Associates (BCA) for advertising services in
the amount of$159,200 for 2001-02 and $164,000 for 2002-03 (which are the amounts approved in
the 2001-03 Financial Plan).
CAO RECOMMENDATION
The CAO agrees with the PCC's recommendations with the following exception:
Approved compensation for the Chamber of Commerce visitors services should include only those
amounts approved in the 2001-03 Financial Plan. The compensation for the Chamber of Commerce
should, therefore, not include a share of the monthly rent for the Visitors Center.
DISCUSSION
Background
Each year the City spends more than $350,000 on a variety of services to promote the City as an overnight
tourist destination. The City's promotional program is overseen by the PCC and traditionally carried out
through four advertising and promotional service contracts.
One contract is with the VCB and represents the City's contribution toward the marketing of the entire
county as a tourist destination. Two contracts are held by the Chamber of Commerce, one for Visitor Center
services and one for promotional services. The final contract is for advertising services. This contract is
S-I
i
Council Agenda Report-2001-03 Promotional Program
Page 2
awarded as the result of a formal selection process performed every two years. During the last selection
process, Council entered into a contract with Barnett, Cox and Associates, Inc., and provided an option to
extend the contract term for two additional years, if both parties mutually consented. Barnett, Cox &
Associates has indicated they are willing to continue to serve as the City's advertising contractor for another
two-year term and the PCC recommends this as well.
Consistent with Council direction, the PCC has used the last several months to review each component of
the promotional program and develop recommendations for new contract funding levels for 2001-03. This
report will provide the City Council with an overview of the PCC's recommendations for the 2001-03
promotional programs. The proposals presented by the VCB and the Chamber of Commerce are available in
the Council reading file. Barnett, Cox & Associates' original contract and proposal are also available in the
Council reading file.
Review Process and Recommendations
L Vicitarc and Confervnre Burean O(CB) Contract
Consistent with past practices, the VCB was requested to submit a two-year proposal to the PCC. The PCC
has determined that the VCB proposal continues to offer valuable services to the City and recommends that
the City continue the contract.
Summary of Scope of Services
The VCB's contract represents the City's annual contribution to the countywide governmental agencies'
effort to market the central coast as a tourist destination. The VCB plans and executes a complete marketing
plan that focuses on encouraging tourism during the off-season. The VCB accomplishes this through a
variety of activities including advertising and promotion, participation in travel trade shows, brochure
development and distribution, publicity, market research, group conference planning services and film
production attraction.
VCR Prop osal — The VCB emphasized that it performs services for the City that are not handled by other
members of the City's promotional team. These services include group bookings of motel/hotel rooms,
attending travel trade shows and supporting the County's film commission. The VCB requested a 25%
increase to their budget to continue existing services and to pursue new strategic initiatives. The VCB
specifically requested$79,769 for the FY 2001-02 and$84,555 for FY 2002-03.
PCC Recommendation - The PCC considered the funding request from the VCB. In light of the other
contractors' requests for only a 3%increase to their contracts and taking into consideration the City's current
budget predictions, the PCC determined the VCB's funding request was too high. The PCC recommends a
3% increase each year and has suggested to the VCB that it request Enhanced Promotional Funds to support
new strategic initiatives that will directly benefit the tourist promotion activities of the City.
CAO Recommendation - Staff supports the PLC's recommendation to increase the VCB's funding by the
same amount as the other contractors at 3% a year. This amount treats all of the contractors equally,
provides the VCB with a cost-of-living increase and is consistent with the approved 2001-03 Financial Plan.
'2002-03 Total
VCB Reauest $79,769 $84,555 $164,324
PCC&Staff Recommendation $66,000 S69.000 $134,000
5--42
Council Agenda Report-2001-03 Promotional Program
Pave 3
IL Chamber of Commerce Contracts
The Chamber of Commerce was asked to submit two separate two-year proposals to the PCC for the
provision of visitor and promotional services, and the PCC unanimously recommended that the Council
continue to contract with the Chamber for these cost-effective and beneficial services.
Snmmarry nf Scope of Services
Under the proposed contracts, the Chamber of Commerce provides two type of services: (1) a full-service
Visitors Center, open to the public seven days per week, including several evenings; and (2) promotional
services.
2. The Visitors Center responds to visitor inquiries, dispenses information about San Luis Obispo,
handles telephone calls from the public and responds to written requests for information about the
City.
3. The Chamber's promotional services include working to obtain free coverage of San Luis Obispo in
newspapers, magazines, radio, television and books. This free coverage helps to promote overnight
tourism to the City and is obtained through a carefully orchestrated program of news releases, letters
and personal contacts with travel writers and editors throughout the state.
Chamber of Commerce Pro on sals - The Visitors Center contract proposal continues the same services as in
the past. The Chamber will continue to provide informational services that involve putting together a
package of materials, including the Chamber's Visitors Guide, to send to potential visitors in response to
phone calls, written requests and an ever increasing use by the public of the Chamber's website. Under the
Chamber's proposal, the cost of the visitor service contract would be $78,969 for 2001-02 and $81,388 for
2001-02. The Chamber is also requesting an additional $500 per month ($6,000 for 2001-02 and$6,000 for
2002-03)towards Visitors Center rent. The Chamber is in the process of signing a new lease and rents have
significantly increased for downtown retail locations in the 10 years since the Chamber last executed a
Visitors Center lease.
The Chamber proposes continuing its existing promotional services. In addition to providing basic
promotional services, the Chamber will also maintain a visitor information website and the online
Community Calendar of Events. Under the Chamber's proposal, the cost of promotional services would be
$38,638 for 2001-02 and$39,797 for 2002-03.
PCC Recommendation - The PCC considered the funding request from the Chamber and is recommending
that the Chamber of Commerce contract for visitors services be funded at the requested level of$79,000 for
2001-02 and $81,400 for 2002-03. The PCC also recommends funding the promotional services contract at
the requested levels of$38,600 for 2001-02 and$39,800 for 2002-03.
In addition, the PCC recommends that if the rent for the Visitors Center increases, additional funding for up
to 50% of the increased monthly rent be allocated to the Chamber, not to exceed an additional $500 per
month. The PCC believes that the central location of the Visitors Center is critical to the provision of
adequate services to visitors and should be maintained in its present location. The PCC feels that it is
appropriate to assist the Chamber in paying a portion of the rent for this premium downtown location.
CAO Recommendation - The staff recommendation supports that of the PCC for the Chamber with one
exception. Staff does not recommend allocating funds for a share of the Visitors Center's rent. The
5--3
Council Agenda Report—2001-03 Promotional Program
Page 4
precedent setting nature of this allocation could have significant fiscal impacts to the City, since many
organizations funded by the City have rents to pay and. the City should not be perceived as a "deep pocket"
for landlords considering a rent increase. Therefore, while the Chamber should be commended for
proposing only a 3% increase to its budget (in acknowledgement of economic uncertainties), the direct
payment to the Chamber of a share of its rent is a cost more appropriately accounted for in the Chamber's
overall budget and overhead calculations.
Visitors Center Contract
Chamber Request $84,969(includes rental increase $87,388(includes rental $172,357
of$6,000) increase of$6,000)
PCC Recommendation (includes $85,000 $87,400 $172,400
rent su ort
CAO Recommendation (excludes $79,000 $81,400 $160,400
rent ort
Chamber Promotional Contract
Chamber Request $38,638 $39,797 $78,435
PCC/CAO Recommendation $38,600 $39,800 $78,400
M Extension of Rarnett, Cox& Associates'Advertising Contract
The purpose of our advertising contract is to develop an advertising campaign that encourages overnight
travel to the City. Overnight travel has traditionally been the focal point of the campaign because of its
relationship to the local tax base. It helps to generate revenues through increases in TOT and sales tax
receipts. The City's program has typically relied on a combination of cable and print media, and has been
geared to the southern California travel market, with additional advertising taking place in the Bay Area and
Central Valley through cooperative arrangements with the VCB.
PCC Review Prncess
In February of this year, the PCC reviewed the existing advertising contract with Barnett, Cox&Associates.
Satisfied with the exemplary performance of Barnett, Cox & Associates, the PCC unanimously
recommended extending the term of the contract for an additional two years. Consistent with past service,
Barnett,Cox&Associates continues to be responsive and creative.
Ram . , Cox & Associates Pro,nsal ,Barnett, Cox & Associates has requested a 3% cost-of-living increase
for the additional two-year term, which would fund them at $159,200 for 2001-02, and $164,000 for 2002-
03. The amended contract is still general in nature so that the advertising contractor and the PCC have the
flexibility to modify the campaign throughout the term, as needed. The focus and objectives are based on a
combination of historically successful advertising approaches and the recent advertising effectiveness study.
Barnett, Cox & Associates will continue with its originally stated objective to foster overnight and extended
visits by tourists to San Luis Obispo, especially in the traditionally "soft" winter months. This objective is
to be achieved through a combination of paid advertising, coordination with public relations and marketing
efforts underway with the Chamber of Commerce, VCB, and special promotional programs with area
attractions such as Hearst Castle, the Edna Valley/Arroyo Grande Vintners Association and the Hearst
Theater.
The advertising services are guided by the following key principles:
1. Use of research to determine target markets
Council Agenda Report-2001-03 Promotional Program
Page 5
2. Understanding of product assets
3. Development of enticing promotional.messages for attracting visitors
4. Coordination with the VCB, Chamber of Commerce,hotels and motels
5. Reliance on high quality fulfillment materials and ad response mechanisms
6. Development of new materials
7. Development of new cross-promotional programs
8. Other new ideas that may be developed
PCM.; Recommendation - The PCC recommends extending the advertising contract with Barnett Cox &
Associates, Inc. for an additional two-year term, and that it include funding for the subcontracting of
advertising fulfillment. Consistent with the adopted Financial Plan, total funding recommended is $159,200
for 2001-02 and$164,000 for 2002-03.
CAM; Recommendatinn - The CAO concurs with the PCC's recommendation to award the advertising
contract to Barnett, Cox&Associates at the recommended levels of funding.
BC&A Request $159.200 $164,000 $323.200
PCC&CAO Recommendation $159,200 $164,000 323 200
FISCAL E%1PACT
The amount currently budgeted in the 2001-03 Financial Plan for promotional contracts is $696,000 for the
two year total. The staff proposed allocation is equal to this two year total.
ALTERNATIVES
1. The Council could choose to fund the full amount requested by the VCB. To do so would require a
total of $30,324 of additional appropriation from the General Fund balance. Staff does not
recommending funding the full amount requested by the VCB.
2. The Council could choose to support the PCC's recommendation to fund a portion of the Visitors
Center rent increase, in addition to the regular Chamber visitors services contract. To do so would
require up to $12,000 of additional appropriation from the General Fund balance. Staff does not
recommend funding a portion of the Visitors Center's increased rent.
ATTACHMENTS
1. Agreement with VCB to Provide Visitors and Conference Services
2. Agreement with Chamber of Commerce to Provide Visitor and Tourist Information Services
3. Agreement with Chamber of Commerce to Provide Promotional Services
4. Amendment No. 3 to Contract with Barnett, Cox&Associates
Availahle in the Cmincil Reading File:
Proposals from the VCB and Chamber of Commerce
Contract and originalservice proposal from Barnett,Cox &Associates, Inc.
ATTACHMENT 1
AGREEMENT TO PROVIDE VISITORS AND CONFERENCE SERVICES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and; the COUNTY OF
SAN LUIS OBISPO VISITORS AND CONFERENCE BUREAU, hereinafter referred to
as Contractor.
WITNESSETH:
WHEREAS, City desires to support a coordinated marketing program for San Luis
Obispo as a visitors and conferencing locale; and
WHEREAS, City desires to engage Contractor to provide these services by reason
of its qualifications and experience for performing such services, and Contractor has offered
to provide the requested services on the terms and in the manner set forth herein;
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 of this
Agreement is made and entered; as first written above,until June 30, 2003.
2. INCORPORATION BY REFERENCE. Exhibit B "General Terms and
Conditions" and Exhibit C "Insurance Requirements for Contractors" are hereby
incorporated into and made a part of this Agreement.
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Jonni Biaggini is hereby designated as the Project Manager for the Contractor. 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. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
2001-02 2002-03
Visitor's Service/Tourist Information Activities $66,000 $68,000
ATTACHMENT 1
Payment shall be made in four installments, as follows:
• Upon signing of contract $33,000
e January 31, 2002 $33,000
• July 31, 2002 $34,000
• January 31, 2003 $34,000
5. CONTRACTOR'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 provide services as described in Exhibit A "Scope of
Services attached hereto and incorporated into this Agreement. City contracts with
Contractor and the San Luis Obispo Chamber of Commerce for promotional services and
Barnett Cox & Associates for advertising services. Contractor acknowledges the potential
for duplication of efforts and costs as a result of these contracts with the City. 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 Contractor's, Chamber of Commerce's and Barnett Cox & Associates'
agreements.
6. 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
Council of the City or the City Administrative Officer(CAO),up to the authority granted to
the CAO by Council.
7. 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.
8. ASSIGNMENT AND SUBCONTRACTORS. This agreement is for the
performance of professional marketing services of the Contractor and is not assignable by.
the Contractor without prior written consent of the City. The Contractor may employ other
specialists to perform special services as required with prior approval by the City.
9. 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.
ATTACHMENT 1
10. 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 County of San Luis Obispo
Visitors and Conference Bureau
1037 Mill Street
San Luis Obispo,CA 93401
Attn: Jonni Biaggini
11. 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 fust above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price, City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: CONTRACTOR
q4& By:
/eff#1o# Ci Attomey Jonni Biaggini, Executive Director
Scope of Work
a) Contractor will maintain an office suitable for the conduct of a visitors and conference
bureau. This office shall be open during normal business hours to facilitate contact with
conference representatives.
b) Contractor shall employ personnel qualified in visitors and conference bureau
administration.
c) Contractor shall conduct a visitors and conference bureau on behalf of City as outlined
below or as may be modified from time to time by mutual agreement between the City
and the contractor.
d) The program to be conducted by the Contractor shall include, but not be limited to, the
following:
a) Developing direct sales efforts to attract group business and conferences. Major
markets would include greater Los Angeles region, San Francisco, San Jose,
Sacramento, Bakersfield and Fresno. A new focus will target reunions, small group
business and seniors groups and families to benefit more local tourism properties.
Efforts to encourage repeat visitors will also be stepped up.
b) Attending and representing San Luis Obispo County at those major travel and sales
shows that directly impact our targeted market areas during the contract time period.
c) Coordinating scheduling for potential conference with individual properties in San Luis
Obispo County, including use of the Performing Arts Center.
d) Developing new, coordinated countywide sales materials and brochures to be used in
the marketing program, with care being taken not to duplicate materials developed by
the San Luis Obispo Chamber of Commerce or the City's advertising firm.
e) Creating and implementing a coordinated and planned marketing campaign, stressing
the benefits of the San Luis Obispo area as a destination for visitors, including a
focused campaign for the months of November, December and January.
f) Submitting monthly reports on the progress of the VCB to the City's Project manager
and the Promotional Coordinating Committee (PCC). Reports will contain information
on countywide activities and a breakdown indicating those items that specifically
benefit the City of San Luis Obispo.
g) Acting as the county Film Commission to attract film business to the area.
h) Exploring ways to implement the goals contained in the 2000 Tourism Strategic Plan.
i) Participating with the City as appropriate on the City's tourism studies.
Scope o/Work
S-- 9
Pale 4
Exh1b1t A
San Luis Obispo County Visitors & Conference Bureau
2001/2002 Proposed Media Plan
PUBLICATION CIRCULATION MONTH OF SIZE OF
INSERTIONS ADVERTISEMENT
Magazines
Travel&Leisure 316,000 Nov, Feb,Apr 1/6 page, color
Magazine Western States
Sunset Magazine 395,000 Oct,Nov,Jan,Mar 1/3 page, color
Northern CA
Central Coast Tourism 75,000 Annual 1/6 page, color
Guide primarily CA
Group Tour Magazine 10,000 Aug,Nov,Feb,May 1/8 page,2 color
American 1.2 million April Full page,color
ExTress/Amtrak
Total Magazine $82,760
Expenditures
Newspapers
LA Times 1,450.000 directory/l col. x 4"b/w 7 times, Oct-May
Travel Guide/Sunday
San Francisco 1,528,700 directory advertisement 6 times, Oct-April
Examiner/Chronicle
The Tourist/Amtrak 40,000 1/8 page, 2 color Oct,Jan, Feb, April
Las Vegas Review/Sun 548,000 1 col. x 4"b/w 6 times, Oct-April
Total Newspaper $22;976
Expendiwres ....... .. ...... .
2001/2002 Proposed Strategic Initiatives
Launching the Brand Produce materials for intra-county distribution,merchandising samples,
promotional items for trade show distnbution,etc.
Additional Advertising Increase size of Travel&Leisure ad and all newspaper ads to nest size to
incorporate new brand, generate greater awareness
Group Sales Program Cooperative sales program with tourism partners in Phoenix/Las Vegas,LA
Visitor Profile Research Update 6 year-old countywide study of visitor activities, expenditures,etc.
Special Interest Brochure Produce a minimum of 40,000 rack-size brochure featuring activities,
attractions or assets of county that make as unique
Press Photo Library/Media Kit Enhance the number and format of photos for distribution to journalists for
Enhancement publicity purposes
Film Commission Sales/Mailing develop/produce mailing piece for targeted market and support program
piece with sales calls to agencies and production houses in LA.
Total Strategic Initiatives SII6,590
EC enditures
S-/D
Pale 5
2001/2002 Proposed Trade Show Schedule
Trade Show Date Place
LEISURE TRAVEL
Orange County Register Show Februan, Costa Mesa. CA
LA Times Show March Los Angeles, CA
Sunset Magazine Travel Show May Menlo Park, CA
San Francisco Travel Show April San Mateo, CA
TOUR OPERATORS
CA Travel MarketPlace February San Francisco, CA
National Tour Association November Houston, TX
Pow Wow International May New Orleans,LA
(Hearst Castle Booth)
MEETINGS
Affordable Meetings Spring San Jose, CA
Meeting Planners Int'l Trade Show TBD Northern California
SLO County Meeting Expo TBD SLO County
FILM COMMISSION
AFCI Location Expo February Los Angeles, CA
MEDIA
SATW Regional Meeting January Galveston,TX
TOTAL TRADESHOW: $A946.
EXPENDITURES°
GENERAL TERMS AND CONDITIONS
CONTRACT REQUIREMENTS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten)calendar days after notice of contract award.As a
precondition to contract execution.
CONTRACT PERFORMANCE
2. 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 any and all federal,state,county,city,and special district laws,ordinances,
and regulations.
3. 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.
4. Payment of Taxes. The contract.prices shall include full compensation for all taxes which the Contractor
is required to pay.
5. Permits.and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
6. Safety Provisions. lfhe Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. 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.
8. 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 States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed is the
performance of the work hereunder.
9. -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 iv'employment
of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of
such persons.
If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or executive order in the performance of
this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have
the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable
to Contractor the sum of Twenty Five dollars($25) for each person for each calendar day during which
such person was discriminated against,as damages for said breach of contract, or both. Only a finding of
the State of CaliforniaFair Employment practices.Commission or the CaliforniaFair Employment Practices
Commission or the equivalent federal ageacyoc officer shall'constituto evidence of a violation of contract
under this paragraph.
I0. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.'
11. 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.
12. 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.
13. Interests of Contractor. The Contractor covenants that it presently has no interest, and.shall not acquire
any interest direct or indirect or otherwise, which 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.
14. Hold Harmless and Indearnification. The Contractor agrees to defend, indemnify,protect and hold the
City and its agents, officers and employees harmless from and ngamst any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees,agents or officers which arise from or are connected with or are caused or clammed to be caused
by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15: 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.
16. 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; which 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 termination 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. -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.
17. Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of
this agreement or of any provision,ordinance,or law shall not be deemed to be a waiver of any subsequent,
breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The
�xh � h �t B
subsequent acceptance by either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of any preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable law or ordinance.
18. Costs and Attorneys Fees. The prevailing party in any action between the parties to this agreement
brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attomey's fees expended in connection with such an action from the other party.
19. Recycled Products. A ten percent preference, not to exceed one thousand-dollars per contract, will be
given to recycled products. The fitness and quality of the recycled product must be at least equal to
unrecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering nonrecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. 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 seivices under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. 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
quantifies as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and sty shall compensate the Contractor for the costs of duplicaCmg
of such copies at the Contractor's direct expense.
INSURANCE REQM ENTS: CONI'R.AC JRS
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 Scone 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.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this projectflocation or-the general aggregate limit shall be twice
the required occurrence limit. .
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
.3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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.
Other Insurance Provisions. The general liability and automobile Iiability 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'Contracioes 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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. 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. .
S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended,voided,cancelled 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.
-Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than
ANLL
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original.endorsements effecting general liability and automobile liabilitycoverage are also required by .
this clause. 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.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
ATTACHMENT 2
AGREEMENT TO PROVIDE VISITOR &TOURIST INFORMATION ACTIVITIES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and; the SAN LUIS
OBISPO CHAMBER OF COMMERCE, INC., a nonprofit corporation,hereinafter referred
to as Contractor.
WITNESSETH:
WHEREAS,the City desires to contract with the Chamber of Commerce to promote
its advantages as a tourist and recreational center, disseminate visitor information and
properly respond to inquiries about activities taking place in the City; and
WHEREAS, Contractor is qualified for and the office 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;
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 of this
Agreement is made and entered, as first written above,until June 30,2003.
2. INCORPORATION BY REFERENCE. Pages 14-18 of Contractor's
proposal dated April 1.1,2001 (Exhibit A).
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR. Contractor shall assign asingle Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Dave Garth is hereby designated as the Project Manager for the Contractor. 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. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
s��
ATTACHMENT 7
2001-02 2002-03
Visitor's Service/Tourist Information Activities $79,000 $81,400
Payment shall be made in four installments,as follows:
• September 1,2001 $39,500
• January30,2002 $39,500
• July 31,2002 $40,700
• January 31,2003 $40,700
$160,400
5. CONTRACTOR'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 provide services as described in Attachment 1 attached
hereto and incorporated into this Agreement. The City contracts with the Contractor and
the Visitors and Conference Bureau (VCB) for promotional services. The City also
contracts with an independent agency to provide advertising services. Contractor
acknowledges the potential for duplication of efforts and costs as a result of these contracts
with the City. 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, VCB and advertising services
agreements.
6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all
general terms and conditions as specified in Exhibit B.
7. INSURANCE. The Contractor shall procure and maintain for the duration
of the contract insurance which meets the requirements of Exhibit C. As evidence of this
insurance, the Contractor shall provide the City with 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
Council of the City or the City Administrative Officer(CAO),up to the authority granted to
the CAO by 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.
6-V
��
ATTACHMENT 2
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 Pahn Street
San Luis Obispo, CA 93401
Contractor Chamber of Commerce
1039 Chonro 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: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
Jor nse it Attomey Dave Garth,President/CEO
CONTRACT PROPOSALS 2001-02, 2002-03
VISITOR'S CENTER CONTRACT PROPOSAL
The Chamber's existing contract with the city provides for the following services:
• Maintain a public office in a centralized location for visitor information.
This includes providing a center open to the public seven days a week and three evenings
a week (Thursday through Saturday), and includes rent, utilities, copying, faxing and other
equipment. The Chamber Visitor Center at 1039 Chorro Street is ideally situated in the
heart of downtown San Luis Obispo just a few buildings down from Mission San Luis
Obispo de Tolosa.
• Provide a high level of personal service to visitors.
This is one of the most time-consuming functions of the Visitor Center but one of the most
important. It requires a trained staff of one full-time and five part-time employees to
handle the flow of visitors to the Center and field a variety of questions about the area and
two part-time employees who fulfill the City Ad Campaign. The Chamber must cover
salaries, payroll taxes and also health and disability insurance for these employees.
• Dispense information about San Luis Obispo.
This includes tourist information such as city and county maps, hotel/motel directories
and Visitors Guides and also brochures and pamphlets on city events and attractions. The
Center is also a source of general statistics about the community and maintains a library
of community and economic data, information on area nonprofit groups and business and
phone directories, and a Telecommunications Device for the Deaf(TDD) for public use.
The Chamber anticipates that the Visitors Center will again be the official information
center for First Night in 2001 and 2002 as it has been the last two years.
• Handle telephone calls from the public.
The Visitor Center serves as a key contact and referral agency for both residents and
potential visitors from throughout the world and handles calls on four incoming lines. The
Chamber provides a trained staff that is available to field these phone calls, including one
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 14
�-19
full-time employee who speaks four languages and can assist international visitors with
their needs.
• Respond to written.requests for information about the city.
This includes response by mail and e-mail to those requesting visitor and other general
information about the city including economic profiles, event calendars and business
data.
• Report on Visitor Center activities to the Promotional Coordinating Committee.
The Chamber staff keeps track of the number of visitors to the Center, records advertising
responses, records materials distributed to groups and individuals, and provides that
information monthly to the City's advertising agency and the Promotional Coordinating
Committee.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 15
EXh16j t A
PROPOSED VISITOR.CENTER CONTRACT
The Chamber proposes continuing the Visitors Center Contract for 2001-02, 2002-03 with
services as outlined above at an amount of$78,969 for 2001-02 and $81,338 for 2002-03.
This rate represents a three percent increase each year. The amounts indicated above are
necessary to cover standard wage and cost of living increases.
Additionally, the Chamber is requesting that the City pay an additional $500 per month
towards rent of the Visitors Center to cover the increase in rental costs in San Luis Obispo
and enable the Chamber to keep the Visitors Center downtown (this amount reflects one-half
of the anticipated increase).As the Chamber prepares to sign a new lease on its building, it is
anticipating an increase of about$1,000 per month, assents in downtown San Luis Obispo
have doubled since the last lease was signed ten years ago. If the Chamber is to keep the
Visitors Center in its current accessible, convenient, visible location, it will need the City to
help by sharing in those costs.
The Chamber also proposes the following adjustment to its fulfillment contract based upon
increases in postage rates.
FULFILLMENT CONTRACT
The Chamber sends out information in response to inquiries generated by the City's
advertising agency. The advertising agency provides brochures and a hotel/motel guide and
the Chamber provides the envelopes, records names and addresses of respondents, stuffs,
labels, sorts and pays for the postage for those ad responses, as well as delivers bulk mail to
the post office. The Chamber proposes the following new rate schedule for fulfillment:
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 16
Fulfillment Cost Schedule
(Year 1)
The variables:
• How did we get the inquiry? Mail, mail with label supplied, telephone, e-mail
• Which packet are we going to send? (1 oz., or 10 oz. with Visitors Guide)
• How are we able to ship the packet? (First class mail, 3rd-class mail, Bulk rate, Bulk rate
with 3-5 digit sort).
1 oz. Packet, all City supplied material except envelope
1 oz. Packet, Tele hone Response (800 or Chamber direct)
Regular Bulk Bulk 3-5 digit sort
Labor .97 .97 .97
Postage .34 .27 .23
Envelope .09 .09 .09
Total 1.40 1.33 1.29
I oz. Packet, Mail Res once without label
Regular Bulk Bulk 3-5 digit sort
Labor .81 .81 .81
Postage .34 .27 .23
Envelope .09 .09 .09
Total 1.24 1.17 1.13
1 oz. Packet, Mail Response with label
Regular Bulk Bulk 3-5 digit sort
Labor . .71 .71 .71
Postage .34 .27 .23
Envelope .09 .09 .09
Total 1.14 1.07 1.03
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 17
�=aa
_� �Xh ► bit �
10 oz. Packet with Chamber supplied Visitors Guide
10 oz. Packet, Telephone Response (800 or Chamber direct)
Regular Bulk Bulk 3-5 digit
Labor 1.01 1.01 1.01
Postage 2.45 .64 .63
Envelope .20 .20 .20
Visitors Guide 2.00 2.00 2.00
Total 5.66 3.85 3.84
10 oz. Packet, Mail Response without label
Regular Bulk Bulk 3-5 digit
Labor .85 .85 .85
Postage 2.45 .64 .63
Envelope .20 .20 .20
Visitors Guide 2.00 2.00 2.0'
Total 5.50 1 3.69 3.68
10 oz. Packet, Mail Response with label
Regular Bulk Bulk 3-5 digit sort
Labor .75 .75 .75
Postage 2.45 .64 .63
Envelope .20 .20 .20
Visitors Guide 2.00 2.00 2.00
Total 5.40 3.59 3.58
** The cost for labor, Visitors Guides and envelopes is fixed, while the cost of postage is
contingent upon current rates. Postage rate is subject to change.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 18
O�
GENERAL TERMS AND CONDITIONS
CONTRACT REQUMEMENTS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten)calendar days after notice of contract award.As a
precondition to contract execution.
CONTRACT PERFORMANCE
2. 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 any and all federal, state, county,city,and special district laws,ordinances,
and regulations.
3. 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.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
6. Safety Provisions. +The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. 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.
8. 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 States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
9. 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.
If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or executive order in the performance of
this agreement, it shall thereby.be found in material breach of this agreement. Thereupon, City shall have
the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable'
to Contractor the sum of TwentyFive dollars($25) for each person for each calendar day during which
such person was discriminated against, as damages for said breach of contract, or both. Only a finding of
the State of Cali forniaFair Employment Practices.Commission or the California Fair Employment Practices
Commission or the equivalent federal agency'or officer shallconstitute evidence of a violation of coAtract
under this paragraph.
10. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.
11. 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.
12. 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.
13. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise,,which 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.
14. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify,protect and hold the
City and its agents, officers and employees harmless from and against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees,agents or officers which arise from of are connected with or are caused or claimed to be caused
by the acts or'omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same;provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15: 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.
16. 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 Mure to perform; which 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 termination 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. •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.
17. Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of
this agreement or of any provision,ordinance,or law shall not be deemed to be a waiver of any subsequent
breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money which may become due hereunder shall
not be ddemed to be a waiver of any preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable law or ordinance.
18. Costs and Attorneys Fees. The prevailing party in any action between the parties to this agreement
brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attorney's fees expended in connection with such an action from the other party.
19. Recycled Products. A ten percent preference, not to exceed one thousand,dollars per contract, will be
given to recycled products. The fitness and quality of the recycled product must be at least equal to
unrecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering nonrecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. Ownership of Wterials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or seivices under these specifications shall become the
permanent property of the City,and shall be delivered to the City upon demand.
21. 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.
INSURANCE REQUIREMENTS: CONTRACTORS
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 Califomia and Employer's Liability
Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or-the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
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.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. Tbe'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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured.agamst whom claim is made or suit is,
brought, except with respect to the limits of the insurer's liability.
S. Each insurance policy required by this clause shall be endorsed to state that coverage sball not be
suspended,voided,cancelled.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.
•Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than
ANIL
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original.endorsements effecting general liability and automobile liability.coverage are also required by .
this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. Allendorsements are to be received and approved by the City before work commences.
Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall.fumish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
v��.a Jr
ATTACHMENT 3
AGREEMENT TO PROVIDE PROMOTIONAL SERVICES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and; the SAN LUIS
OBISPO CHAMBER OF COMMERCE, INC., a nonprofit corporation,hereinafter referred
to as Contractor.
WITNESSETH:
WHEREAS,the City desires to contract with the Chamber of Commerce to promote
its advantages as a tourist and recreational center,
WHEREAS, arranging and obtaining favorable coverage about the City n the
various news media is an integral part of its promotion as a tourist and recreational center;
and
WHEREAS, Contractor is qualified for and the office 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;
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 of this
Agreement is made and entered, as first written above,until June 30, 2003.
2. INCORPORATION BY REFERENCE. Pages 19-20 of Contractor's
proposal dated April 11,2001 (Exhibit A).
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Dave Garth is hereby designated as the Project Manager for the Contractor. 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.
ATTACHMENT 3
4. CITY'S OBLIGATIONS. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
2001-02 2002-03
Promotional Services $38,600 $39,800
Payment shall be made in four installments, as follows:
• September 1, 2001 $19,300
• January30,2002 $19,300
• July 31,2002 $19,900
• January31,2003 $19,900
$78,400
5. CONTRACTOR'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 provide services as described in Attachment 1 attached
hereto and incorporated into this Agreement. The City contracts with the Contractor and
the Visitors and Conference Bureau (VCB) for promotional services. The City also
contracts with an independent agency to provide advertising services. Contractor
acknowledges the potential for duplication of efforts and costs as a result of these contracts
with the City. 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, VCB and advertising services
agreements.
6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all
general terms and conditions as specified in Exhibit B.
7. INSURANCE. The Contractor shall procure and maintain for the duration
of the contract insurance which meets the requirements of Exhibit C. As evidence of this
insurance, the Contractor shall provide the City with 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
Council of the City or the City Administrative Officer(CAO), up to the authority granted to
the CAO by 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
a9
- ATTACHMENT 3
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: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: CONTRACTOR
Q11111140Jf L�'� By:.
Joige , CK Attomey Dave Garth, President/CEO
�JL
PROMOTIONAL PROGRAM CONTRACT PROPOSAL
The Chamber's existing contract provides the city with the following services:
• Research and write news releases
Each year the Chamber sends out a least eighteen news releases about city events and
attractions. The Chamber works with various groups to gather information and develop a
release that will generate maximum media interest. Slides and/or brochures are
sometimes sent out with a release if appropriate. The Chamber handles distribution of the
releases and follow up with local media contacts and media contacts throughout the state
and across the country.
• Maintain accurate media information
Getting information about San Luis Obispo into the hands of the right people is an
important part of fulfilling this contract. The Chamber maintains a comprehensive
computer mailing list of more than 300 media outlets throughout the state and beyond
including newspapers,magazines, radio and TV stations and networks, as well as
freelance travel writers. The list is updated as new contacts are made and is reviewed
periodically for accuracy.
• Handle media requests and pitch story ideas
This.includes, but is not limited to, sending media packets, developing story ideas,
arranging accommodations and meals for visiting travel writers, updating guidebook
listings, arranging interviews, researching historical data. The.Chamber maintains media
information files on a variety of local events and attractions and has a very extensive
library of 35mm color slides and Photo CDs available for media use.
• Solicit editorial space/time on behalf of the City
This involves personal contact and varies greatly depending on the type of media and
situation. It can include personal letters, phone calls, meeting with travel writers or the
development of special projects to solicit coverage of San Luis Obispo, its events and
attractions.
• Keep records and report to the Promotional Coordinating Committee
The Chamber keeps track of its press contacts and maintains a clip file for the city. It also
reports its efforts monthly to the Promotional Coordinating Committee.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 19
PROPOSED PROMOTIONAL PROGRAM CONTRACT
The Chamber proposes the following basic service contract:
Continuation of existing services — $38,638 for 2000-01, $39,797 for 2002-03
This basic contract for 2001-02, 2002-03 reflects a three percent increase per year. This
plan will allow the program to continue sending basic releases and providing basic
service. This includes use of a professional staff, comprehensive computer system
(including software to enable electronic distribution of news releases and media
correspondence), a data base of media contacts developed over 20 years and a reputation
for handling their requests in a professional and timely manner. It also includes the basic
maintenance of a visitor information site on the World Wide Web, maintenance of the
Community Calendar of Events on the Web, and $250 per year to help defray the cost of
the Internet server connection necessary to operate the calendar link.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 20
C5-3a
GENERAL TERMS AND CONDITIONS .
CONTRACT REQUIREMENTS
.1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten)calendar days after notice of contract award.As a
precondition to contract execution.
CONTRACT PERFORMANCE
2. 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 any and all federal,state, county,city,and special district laws,ordinances,
and regulations.
3. 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.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges.-and fees,
and give all notices necessary.
6. Safety Provisions. li'he Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. 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.
8. 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 States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be, employed in the
performance.of the work hereunder.
9. Contractor Non Discrinunition. 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 hi employment
of persons because of age, race, color, sex, national origin or micestry, sexual orientation,or religion of
such persons.
If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of federal law or executive order in the performance of
this agreement, it shall thereby be found in material breach of this agreement. Thereupon,City shall have
the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable
to Contractor the sum of Twenty-Five dollars($25) for each person for each calendar day during which
such person was discriminated against, as damages for said breach of contract, or both. Only a fording of
the State of CaliforniaFair Employment Practices.Commission or the CaliformaFair EmploymentPractices
Commission or the equivalent federal agency'oi officer shall constitute evidence of a violationof contract
under this paragraph
10. Payment Terms. The City's payment terms are 30 days from the receipt of in original invoice and
acceptance by the City of the services provided by the Contractor.,
11. 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.
12. 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.
13. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise, which 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 wiil 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.
14. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify,protect and hold the
City and its agents, officers.and employees harmless from and 'against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees,agents or officers which arise from or are connected with or are caused or claimed to be caused
by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15: 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.
16. 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;which 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 tea 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 termination 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. -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.
17. Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of
this agreement or of any provision,ordinance,or law shall not be deemed to be a waiver of any subsequent
breach of violation of the same or of any otherr term, covenant, condition, ordinance, or law. The
subsequent acceptance by either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of any preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable law or ordinance.
18. Costs and Attorneys Fees. The prevailing party in * action between the parties to this agreement
brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable
costs and attorney's fees expended in connection with such an action from the other party.
19. Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be
given to recycled products. The fitness and quality of the recycled product must be at least equal to
uarecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering nonrecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. 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 seivtces under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any oche material is 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 vests of duplicating
of such copies at the Contractor's direct expense.
INSURANCE REQUIREMENTS: CONTRACTORS EXI1 t h L�`C
The Contractor shall procure a.,:-maintain for the duration of the contract inburance against claims for injuries to
persons of damages to property which gray arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, repiesentatives, 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.
Minimurn Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or-the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liabilityr $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-In_=*d 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.
Other Insurance Provisions The general liability and automobile liability policies are to contain,or be endorsed
to contain, the following provisions:
L 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. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. 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.
S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended,voided,cancelled 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.
-Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than
ANII.
_Verification of Covera e.. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original.endorsements effecting general liability and automobile liability.coverage are also required by .
this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. Allendorsements are to be received acid approved by the_City before work commences.
Sub-contractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
1
ATTACHMENT 4
AMENDMENT NO. 3
AGREEMENT WITH BARNETT COX & ASSOCIATES, INC.
The AGREEMENT dated October 5, 1999 between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter referred to as "City"and BARNETT COX & ASSOCIATES,
INC., hereinafter referred to as"Contractor," is hereby amended as follows:
SECTION I. "Term" is modified as follows:
The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above (October 5, 1999),until June 30, 2003.
SECTION 4, "City's Obligations" is modified as follows:
For providing services as specified in Attachment 7 to this Agreement, City
agrees to cooperate with Contractor and Contractors shall receive additional
compensation as follows:.
2001-02 2002-03
Marketing &Advertising Services $159,200 $164,000
SECTION 10, "Notice" is modified as follows:
Contractor Barnett, Cox & Associates
748 Pismo Street
San Luis Obispo, CA 93401 .
All other terms and conditions of the AGREEMENT shall remain the same.
Both City and Contactor covenant that each individual executing this Amendment No. 3
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
on this day of 2001.
ATTEST CITY OF SAN LUIS OBISPO
A Municipal Corporation
Lee Price, City Clerk By: Allen Settle, Mayor
ATTACHMENT d
APPROVED AS TO FORM CONTRACTOR
J orgy ise , ity ttomey Maggie Cox,President