HomeMy WebLinkAbout08/19/2003, C11 - 2003-05 COMMUNITY PROMOTIONS CONTRACTS �° °�`
council 03
[A: agenda mepont N. G t
CITY OF SAN LUIS OBISPO
FROM: Wendy George,Assistance City Administrative OfI"icer4
Prepared By: Shelly Stanwyck,Economic Development Manager
SUBJECT: 2003-05 COMMUNITY PROMOTIONS CONTRACTS
CAO RECOMMENDATION
(1) Approve funding for and authorize the Mayor to execute a two-year contract with the San
Luis Obispo Chamber of Commerce (Chamber) to provide public relations services in the
amount of$39,800 in 2003-04 and$40,990 for 2004-05.
(2) Approve funding for and authorize the Mayor to execute a two-year contract with the
Chamber to provide visitor and tourist information services in the amount of$79,000 in
2003-04 and$81,370 for 2004-05.
(3) Approve funding for and authorize the Mayor to execute a two-year contract with the San
Luis Obispo County Visitors and Conference Bureau (VCB) to provide regional marketing
services in the amount of$68,000 for 2003-04 and$70,040 for 2004-05.
DISCUSSION
Background
The City's annual Community Promotion budget is approximately $375,000 for fiscal years 2003-
04 and 2004-05. This money is allocated to a variety of services to promote the City as an
overnight visitor destination. In response to declining transient occupancy tax revenues, increased
competition from neighboring communities, and a major Council Goal for 2003-05 focused on
tourism, the Council has adopted a Tourism Marketing Plan with the following main objectives:
1. Increase transient occupancy and sales tax.
2. Develop and implement a brand image.
3. Enhance and use as a fulfillment tool the visitslo.com website.
4. Develop and maintain strategic alliances.
5. Collect more data about the City's market position.
6. Establish accountability standards for the community promotions contractors.
To accomplish its main objectives,the Tourism Marketing Plan contains marketing strategies. One
strategy is to continue with a diversified promotions effort. More specifically, the City should
continue to contract with several local organizations and an advertising contractor to fulfill its
promotional efforts. A diversified approach provides the City the opportunity to leverage limited
funds through unique visitors services, regional marketing efforts, and access to specialists in the
local tourism industry all in coordination with the advertising contractor selected to promote the
City. Four contracts will exist to accomplish this diversified approach in the following areas:
Council Agenda Report—2003-05 Community Promotion Contracts
Page 2
advertising, public relations, visitors services and regional marketing. The City's promotional
program is overseen by its Promotional Coordinating Committee (PCC) and staffed by the
Administration Department's Economic Development Manager and Principal Administrative
Analyst.
Advertising Services Contract
In July, Council issued a Request for Proposal for Advertising Services. Responses were due July
31, 2003. Although proposal packets were requested from as far away as South Dakota, only three
advertising agencies responded, all of whom are located in the City of San Luis Obispo. At its
August 13,2003,the PCC will conduct interviews with the responding advertising agencies;discuss
their responses and make a recommendation to Council as to which agency should be awarded a
contract with the City. The PCC's recommended advertising contractor is scheduled to be
considered by Council at its September 2, 2003 meeting.
Contract Review Process
As the advertising services contract is following an independent approval process, the remaining
three community promotions contracts are being proposed for Council's consideration with this
report. When the Tourism Marketing Plan was adopted, staff took the existing, and previously
approved for 2001-03, contracts for Community Promotions and integrated the goals and
objectives of the Tourism Marketing Plan into the contracts. Due to timing concerns, the PCC
agreed that an Ad Hoc Committee should finalize the contract terms to be considered by Council
at its August 19, 2003 meeting and reviewed by the PCC at its August 13, 2003 meeting.
The Ad Hoc Committee of the PCC (George Newland, Debby Nicklas and Cate Norton)
reviewed the contracts drafted by staff. Next the contracts were provided to the VCB and
Chamber for review and consideration. Meetings with Ad Hoc Committee members, staff and
the VCB and Chamber were held to discuss the proposed contract terms. Minor revisions were
made and all parties involved in the drafting of the contracts are in agreement as to the terms
now before Council for consideration(Attachments 1-3 are the proposed contracts).
Contract Recommendations
1. Public Relations: Summary and Scope of Services
The Public Relations Contract is proposed to be with the Chamber, which will promote the
advantages of San Luis Obispo as a destination for tourists, disseminate visitor information and
properly respond to inquiries about activities taking place in the City. The Chamber is qualified
to arrange and obtain favorable media coverage about the City in various radio, print, television
and electronic news and entertainment outlets.
The Chamber, as do all the contractors, agrees to coordinate its efforts with the other contractors
to avoid duplication of efforts and costs. The Chamber agrees to promote all City lodging
properties (whether or not they are a Chamber member) during the promotion of the City as
defined in the proposed agreement. More specific services to be provided by the Chamber while
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Council Agenda Report—2003-05 Community Promotion Contracts
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providing the City with public relations services include: the maintenance and development of
media relationships, securing four significant stories a year in major media outlets, writing and
distributing a minimum of 30 press releases a year about the City, maintaining information about
the City, improving upon strategic alliances, disseminating and promoting the City's brand
image for Community Promotions. The Chamber's contract addresses the Tourism Marketing
Plan's objective of developing accountability standards for the contracts by requiring monthly
reports with detailed information regarding the status of various activities undertaken on behalf
of the City.
2. Visitor and Tourist Information Services: Summary and Scope of Services
The Visitor and Tourist Information Services Contract is proposed to be with the Chamber,
which will promote the advantages of San Luis Obispo as a destination for tourists, disseminate
visitor information and properly respond to inquiries about activities taking place in the City.
The Chamber is qualified to provide, and its visitors center is equipped to carry out, such
activities on behalf of the City in an efficient and economical manner.
In this separate contract for visitors services the Chamber again, as have all the contractors,
agreed to coordinate its efforts with the other contractors to avoid duplication of efforts and
costs. The Chamber agrees to promote all City lodging properties (whether or not they are a
Chamber member) during the promotion of the City as defined in the proposed agreement. More
specific services to be provided by the Chamber while providing the City with visitor and tourist
information services include: maintaining a public office in a central location for visitors
information, providing a high level of customer service to visitors, providing information about
the City, maintaining the visitslo.com website, improving upon strategic alliances, and
disseminating and promoting the City's brand image for Community Promotions. The
Chamber's contract addresses the Tourism Marketing Plan's objective of developing
accountability standards for the contracts by requiring monthly reports with detailed information
regarding the status of various activities undertaken on behalf of the City.
3. Regional Marketing Services: Summary and Scope of Services
The Regional Marketing Services Contract is proposed to be with the VCB, which will promote
the advantages of San Luis Obispo County as a destination for tourists seeking to visit this region
of California. The VCB is in a position to accomplish this aim in an efficient and economical
manner for the City.
The VCB, as is the case with the Chamber, agrees to coordinate its efforts with the other
contractors to avoid duplication of efforts and costs. The VCB agrees to promote all City
lodging properties (whether or not they are a VCB member) during the promotion of the City as
defined in the proposed agreement. More specific services to be provided by the VCB while
providing the City with regional marketing services include: the maintenance of a public office
for visitors information, developing group business and conferences, coordinating with the City
to create and implement a marketing campaign, acting as a City-wide fihn commission,
maintaining information about the City, and disseminating and promoting the City's brand image
for Community Promotions. The VCB's contract addresses the Tourism Marketing Plan's
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Council Agenda Report—2003-05 Community Promotion Contracts
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objective of developing accountability standards for the contracts by requiring monthly reports
with detailed information regarding the status of various activities undertaken on behalf of the
City.
FISCAL IMPACT
The amount currently budgeted in the 2003-04 Financial Plan for Community Promotions is
$754,500 for the two-year total. Advertising services are proposed to account for$359,096 of this
two-year total and $15,000 is to be used in 2003-04 for consultant services for an advertising
effectiveness study. The remaining funds are to be allocated for meeting and related expenses in the
amount of$1,200 for a two-year total and to the three contracts over the two-year term as follows:
Chamber Public Relations $80,790, Chamber Visitors and Tourist Services $160,370, VCB
$138,040.
ALTERNATIVES
1. The Council could choose to fund the contractors at different levels or modify the scope of
services. Staff does not recommend making these adjustments, as the proposed contracts are the
result of a carefully negotiated exchange.
ATTACHMENTS
1. Agreement to Provide Public Relations Services
2. Agreement to Provide Visitor and Tourism Information Activities
3. Agreement to Provide Regional Marketing Services
Available in Council Reading File:
Tourism Marketing Plan
Electronic File Path:Admin\projects\PCC\Council Agenda Reports\2003-05 PCC Contracts
01 ( 4
ATTACHMENT 1
AGREEMENT TO PROVIDE PUBLIC RELATIONS 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 destination for tourists, disseminate visitor information and
properly respond to inquiries about activities taking place in the City; and
WHEREAS, Contractor is qualified to arrange and obtain favorable media
coverage about the City in various radio, print, television and electronic news and
entertainment outlets; and
WHEREAS, Contractor undertakes public relations services as an integral part of
its operations; and 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 July 1, 2003 until June
30, 2005.
2. INCORPORATION BY REFERENCE. Exhibit A.
3. REPRESENTATION FOR PROGRAM COORDINATION.
3.1 City. The City Administrative Officer or the 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.
Dave Garth, President/CEO of Contractor is hereby 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. For providing services as specified in Exhibit A to
this Agreement, City agrees to cooperate with Contractor and Contractor shall receive
compensation as follows:
2003-04 2004-05
Visitor's Service/Touhst Information Activities $39,800 $40,990 n 11f
Chamber Public Relations contract 2003.05
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Payment shall be made in four installments, as follows:
• September 1, 2003 $19,900
• January 30, 2004 $19,900
• July 31, 2004 $20,495
• January 31, 2005 $20,495
5. CONTRACTOR'S OBLIGATIONS.
5. 1. Scope of Work - Exhibit A. For and in consideration of the payments
and agreements to be made and performed by City, Contractor agrees to provide
services as described in Exhibit A attached hereto and incorporated into this Agreement.
5.2. Tourism Marketing Plan. Contractor agrees to assist the City in
achieving the major objectives set forth in the City of San Luis Obispo's Tourism
Marketing Plan 2003.
5.3. Coordination of Efforts with other Contractors. In addition to
Contractor, the City has service agreements for its community promotions efforts with the
San Luis Obispo County Visitors and Conference Bureau (VCB) for regional promotion
and marketing services as well as with an independent agency to provide advertising
services. Contractor acknowledges the potential for duplication of efforts and costs as a
result of these agreements with the City. To coordinate efforts, Contractor agrees to
participate in monthly meetings of the Promotional Coordinating Committee's Marketing
Subcommittee and 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, VCB, and advertising services agreements.
5.4 Promotion of City Properties. Contractor agrees 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 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.
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.
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i ATTACHMENT 1
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: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
BY —
Lee Price, City Clerk Dave Romero, Mayor
APPROVED AS TO FORM: CONTRACTOR
JQoath9h Lowell, City Attorney Dave Garth, President/CEO
Chamber Public Relations Contract 2003-05
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EXHIBIT A ATTACHMENT I
SCOPE OF WORK iL i�f A
A. Media Relations
A.1. Maintain and develop relationships with travel writers and editors.
A.2. Maintain and develop relationships with all types of media outlets in our
target markets presently including: the Bay Area, Southern California and
Ventura, the Sacramento Region , Central Valley and greater Phoenix
Area.
A.3. Respond to media requests for information about the City And meet with
visiting travel writers.
A.4. Arrange accommodations, meals, meetings, tours and other personal
services for visiting travel writers.
A.5. Develop at least two special projects or special meetings per year to elicit
coverage of San Luis Obispo and its events and attractions.
B. Public Relations Efforts
B.1. Develop and secure four significant stories per year in major media
outlets.
B.2. Develop story ideas to elicit coverage about the City and promote those
ideas to media contacts.
B.3. Coordinate story pitches with the ad contractor and provide pitches to the
media outlets the ad contractor advertises in during the time the
advertisements are running.
BA. Research, write, and distribute press releases at a minimum of 30 per
year about the City, events in the City, attractions in the City and other
points of interest consistent with the Tourism Marketing Plan.
B.5. Coordinate speaking engagements by members of the Promotional
Coordinating Committee, or other local tourism leaders, at local and
outside of the area industry events (e.g. trade shows) or opportunities that
will advance the objectives of the Tourism Marketing Plan.
B.6. Coordinate at least two familiarization tours per year for travel writers,
freelance writers and other tour Operators.
B.7. Provide adequate information to media list.
B.B. Provide supplementary materials to members of the media upon request
and when necessary to achieve coverage
B.9. Complete follow up with media list regarding story ideas, press release,
and other contracts
C. Maintain Information
C.1. Maintain a computer mailing list of over 300 media outlets (newspapers,
magazines, radio, television stations, freelance writers, electronic media
sources, etc.)
C.2. Maintain a key contracts media list of 50 media outlets and/or individuals
Chamber Public Relations Contract 2003-05
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i� ATTACHMENT 9
A
C.3. Update listings about the City in various publications both print and
electronic. Seek out new publications for the City to be listed in..
CA. Research historical information about the City to be provided to media
contacts and used in the development of story ideas.
C.S. Coordinate with the Chamber Visitors Center regarding an annual special
events calendar.
C.6. Coordinate with the Chamber Visitors Center regarding visitslo.com and
the public relations information presented on that website. Update it
accordingly.
D. Strategic Alliances
D.1. Assist in achieving the Tourism Marketing Plan's goal of maintaining and
improving upon strategic alliances by supporting special events through
the promotion of them to visitors and residents by:
D.1.1. Issuing Press Releases that incorporate information about
these special events.
D.1.2. By conducting press events for major events
E. Brand Images. Assist in disseminating and promoting any brand images
developed for the City's Community Promotions Program
F. Monthly Reports. Monthly, by the first Wednesday, provide written reports on
Public Relations activities to the City of San Luis Obispo's Economic
Development Manager to be included in the Promotional Coordinating
Committee' meeting packets. At a minimum the reports shall include:
F.1. Number and type of media contacts
F.2. Number, subject and copy of press releases
F.3. Number and publication of editorial or stories
FA. Research undertaken
F.S. Materials distributed
F.6. Results including the publication, column inch and valuation per the Gale
Directory or other similar publication.
F.7. Strategic alliances supported
F.B. Fam Trips
F.9. Writer Trips
G. Assist in achieving the Tourism Marketing Plan's goal of maintaining and
improving upon strategic alliances by supporting special events through the
promotion of them to visitors and residents.
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Exhibit B ATTACHMENT
GENERAL TERMS AND CONDITIONS EX
1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract.. Additional information regarding the City's business tax
program may be obtained by calling(805) 781-7134.
2. Ability to Perform. 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. 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
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. 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 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. Preservation of City Property. Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began Work.
9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors
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.
10. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will
not engage in, nor permit such sub-contractors 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.
11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs,then the time
Chamber Public Relations Contract 2003-05
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ATTACHMENT 1
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor.
12. 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 Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of 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.
14. 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.
15. Interests of Contractor. 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. Contractor further covenants that, in the
performance of this work, no sub-contractor or person having such an interest shall be employed.
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, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Hold Harmless and Indemnification. 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 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 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 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.
17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the
City, including those provided through subcontractors, are "Year 2000 compliant." For the
purpose of this contract, "Year 2000 compliant" means that goods or services provided to the
City will continue to fully function, fault-free, before, at and after the Year 2000, without
interruption or human intervention; and if applicable, any data outside of the date range 1990-
1999, including leap years, will be correctly processed in any level of computer hardware or
software, including,but not limited to, microcode, firmware, application programs, files and data
bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on
liability,otherwise provided by the Contractor.
Upon request by the City,the Contractor will provide the City with a description of its Year 2000
compliance strategy, or statement of why this is not relevant to contract performance.
18. Contract Assignment. 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.
Chamber Public Relations Contract 2003-05 OW_
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Exh� bif 4
�, ' ATTACHMENT 1
19. Termination. If, during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect or failure to perform; which notice must give Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If 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 Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations,responsibilities,or rights under the contract.
In said event, Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope.
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 Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Contractor as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual or
organization by Contractor without the prior written approval of the City .
22. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractors direct expense.
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor to public meetings to present and discuss its findings and
recommendations. Contractor shall attend as many "working" meetings with staff as necessary in
performing workscope tasks.
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ATTACHMENT 1
Exhibit C
INSURANCE
Insurance. 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 Contractor, its agents, representatives,employees,or sub-contractors..
a. Minimum scope of insurance. Coverage shall be at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
• Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile
Liability,code 1 (any auto).
• Workers' Compensation insurance as required by the State of California and
Employers Liability Insurance.
• Errors and Omissions Liability insurance as appropriate to Contractor's profession.
b. Minimum limits of insurance. Contractor shall maintain limits no less than:
• 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 projectllocation or the general aggregate limit shall be twice the
required occurrence limit.
• Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
•
Employer's Liability: $1,000,000 per accident for bodily injury or disease.
• Errors and Omissions Liability: $1,000,000 per occurrence.
C. 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 Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
d. Other insurance provisions: The general liability and automobile liability policies are to
contain,or be endorsed to contain,the following provisions:
• 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 Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or borrowed
by Contractor. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officers; official, employees, agents or
volunteers..
• For any claims related to this project, Contractor's insurance coverage shall be
primary insurance as respects the City, its officers,officials, employees,agents and
( 13
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. CXh� hl� C-
- ATTACHMENT 1
volunteers. Any insurance or self-insurance maintained by the City,its officers,
officials, employees, agents or volunteers shall be excess of Contractor's insurance
and shall not contribute with it.
• Any failure to comply with reporting or other provisionsof the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials,employees, agents or volunteers.
• Contractors insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurers liability.
• Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail,return receipt requested,has been given to the City.
e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than ANN.
f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance
showing maintenance of the required insurance coverage. Original endorsements effecting
general liability and automobile liability coverage required by this clause must also be
provided. The endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by the City
before work commences.
Chamber Public Relations Contract 2003-05
Final Doc 8/5/03
Page 10
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 destination for tourists, disseminate visitor information and
properly respond to inquiries about activities taking place in the City; and
WHEREAS, Contractor is qualified for 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;
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, 2003 until June
30, 2005.
2. INCORPORATION BY REFERENCE. Exhibit A.
3. REPRESENTATION FOR PROGRAM COORDINATION.
3.1 City. The City Administrative Officer or the 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.
Dave Garth, President/CEO of Contractor is hereby 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. For providing services as specified in Exhibit A to
this Agreement, City agrees to cooperate with Contractor and Contractor shall receive
compensation as follows:
2003-04 2004-05
Visitor's Service/Tourist Information Activities $1-9,000 $81,370
Cl I-,
Chamber Visitors Center Service Agreement 2003-05
Final Doc&SW
Page I
ATTACHMENT 2
Payment shall be made in four installments, as follows:
• September 1, 2003 $39,500
• January 30, 2004 $39,500
• July 31, 2004 $40,685
• January 31, 2005 $40,685
5. CONTRACTOR'S OBLIGATIONS.
5. 1. Scope of Work- Exhibit A. For and in consideration of the payments
and agreements to be made and performed by City, Contractor agrees to provide
services as described in Exhibit A attached hereto and incorporated into this Agreement.
5.2. Tourism Marketing Plan. Contractor agrees to assist the City in
achieving the major objectives set forth in the City of San Luis Obispo's Tourism
Marketing Plan 2003.
5.3. Coordination of Efforts with other Contractors. In addition to
Contractor, the City has service agreements for its community promotions efforts with the
San Luis Obispo County Visitors and Conference Bureau (VCB) for regional promotion
and marketing services as well as with an independent agency to provide advertising
services. Contractor acknowledges the potential for duplication of efforts and costs as a
result of these agreements with the City. To coordinate efforts, Contractor agrees to
participate in monthly meetings of the Promotional Coordinating Committee's Marketing
Subcommittee and 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, VCB, and advertising services agreements.
5.4 Promotion of City Properties. Contractor agrees 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 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.
5.5. Allocation of 15% of Funds. Contractor shall allocate 15% of the
City's annual compensation ($11,850 in 2003-04 and $12,206 in 2004-05) for the
maintenance and improvement (both aesthetically and operationally) to the visitslo.com
website. The nature and extent of any improvements or changes to the site shall be
mutually agreeable to both parties.
6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general
terms and conditions as specified in Exhibit B.
epi- r �
Chamber Visitors Conor Sorvico Agreement 2009-05
Final Doc 8/5/03
Papa 2
1 ATTACHMENT 2
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'.
S. 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.
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.
Chamber Visitors Center Service Agreement 2003.05
Final Doc 8/5/03
Page 3
ATTACHMENT 2
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price, City Clerk Dave Romero, Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
QoDWKan Lowell, City Attorney Dave Garth, President/CEO
Chamber Visitors Center Service Agreement 2003.05
Final Doc&&03
Page 4
ATTACHMENT 2
EXHIBIT A
SCOPE OF WORK
p
n. :• Z4 ;
A. Maintain public office in central location for visitors information (the Visitors
Center) that has regular hours that suit the needs of visitors.
A.1. The public office is presently located at 1039 Chorro Street in downtown
Luis Obispo, just a few buildings down from the historic Mission San Luis
Obispo de Tolosa. Contractor anticipates maintaining this location during
the term of this Agreement and will provide City with written notice should
the location change.
B. Provide high level of personal customer service to visitors.
B.1. Provide adequate number of employees to handle the flow of the visitors
to the Visitors Center.
B.2. Train staff to provide service.
B.3. Answer high volumes of telephone calls
B.4. Serve as the key contact for residents and potential visitors as well as a
referral agency for residents and potential visitors
B.5 Respond to written requests for information
C. Provide information to visitors about San Luis Obispo
C.1. Maintain an annual events calendar
C.2.. Dispense City maps, hotel/motel directories, visitors guides, brochures,
pamphlets, and general statistics about the community
C.3. Maintain and dispense economic profiles and business data about the
City of San Luis Obispo, information on local groups and various
directories.
D. Maintain the visitslo.com website
D.1. Within 60 days of the ad contractor receiving approval for a "brand
image", implement changes to the site to reinforce the brand image.
D.2. Maintain site that addresses the goals and objectives of the City of San
Luis Obispo's Tourism Marketing Plan 2003 and that is equal to or better
than its regional competition.
D.3. Address technical difficulties, minimize website interruptions and alert City
of any long term interruptions in service.
D.4. Provide fulfillment services to advertising respondents and other
information seekers who do so electronically.
D.S. Optimize website search engine hits.
D.6. Collect data from visitors to the website that further define the profile of
the average visitor and refine the marketing campaign.
0<< - [9
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ATTACHMENT 2
E. Assist in disseminating and promoting any brand images developed for the City's
Community Promotions Program
F. Assist in achieving the Tourism Marketing Plan's goal of maintaining and
improving upon strategic alliances by supporting special events through the
promotion of-them to visitors and residents, e.g. selling tickets..
G. Monthly, by the first Wednesday, provide written reports on Visitors Center
activities in to the City of San Luis Obispo's Economic Development Manager to
be included in the Promotional Coordinating Committee' meeting packets. At a
minimum the reports shall include:
G.1. Number of visitors to the Center: by day and where applicable day use
and extended hour use
G.2. Number of advertising fulfillment packets
G.3. Visitslo.com website information including: number of distinct visits to the
site, additions to the email database, top three most viewed pages,
additions or modifications to the site, amount of budget expended on
maintenance and improvement in dollars or person hours (however the
expense was incurred).
G.4. Materials and quantities distributed to individuals and groups
G.5 Most frequently requested information for the month
G.6. Strategic alliances supported and outcomes
G.7. Number of respondents to promotional activities
Ct(
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-b
ATTACHMENT 2
Exhibit B
GENERAL TERMS AND CONDITIONS
7
1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805) 781-7134.
2. Ability to Perform. 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. 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
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
6. Safety Provisions. 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 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. Preservation of City Property. Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began work.
9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors
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.
10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will
not engage in, nor permit such sub-contractors 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.
11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
0,11 -A
Chamber Visitors Center Service Agreement 2003-O5
Final Doc 815103
Page 7
ATTACHMENT 2
Exhibit B: General Terms and Conditions
labor due to federal government restrictions arising out of defense or war programs, then the time
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor.
12. 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 Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of 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.
14. 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.
15. Interests of Contractor. 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. Contractor further covenants that, in the
performance of this work, no.sub-contractor or person having such an interest shall be employed.
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, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Hold Harmless and Indemnification. 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 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 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 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.
17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the
City, including those provided through subcontractors, are "Year 2000 compliant." For the
purpose of this contract, "Year 2000 compliant" means that goods or services provided to the
City will continue to fully function, fault-free, before, at and after the Year 2000, without
interruption or human intervention; and if applicable, any data outside of the date range 1990-
1999, including leap years, will be correctly processed in any level of computer hardware or
software, including, but not limited to, microcode, firmware, application programs, files and data
bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on
liability, otherwise provided by the Contractor.
Upon request by the City, the Contractor will provide the City with a description of its Year 2000
compliance strategy,or statement of why this is not relevant to contract performance.
CII-a�-
Chamber Visitors Center Service Agreement 2003-05
Final Doc aW3
Page 8
ATTACHMENT 2
Exhibit 8: General Terms and Conditions
18. Contract Assignment. 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.
19. Termination. If, during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect or failure to perform; which notice must give Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If 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 Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations,responsibilities, or rights under the contract.
In said event, Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope.
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 Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Contractor as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual or
organization by Contractor without the prior written approval of the City .
22. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor to public meetings to present and discuss its findings and
recommendations. Contractor shall attend as many "working" meetings with staff as necessary in
performing workscope tasks.
C[fra3
Chamber Visitors Center Service Agreement 2003-05
Final Doc&SW
Page 9
Exhibit C ATTACHMENT 2
INSURANCE
Insurance. 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 Contractor, its agents, representatives, employees, or sub-
contractors.
a. Minimum scope of insurance. Coverage shall beat least as broad as:
0 Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
0 Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability,code I (any auto).
0 Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
0 Errors and Omissions Liability insurance as appropriate to Contractor's
profession.
b. Minimum limits of insurance. Contractor shall maintain limits no less than:
0 General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability or other form with
h 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.
0 Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
0 Employer's Liability: $1,000,000 per accident for bodily injury or disease.
0 Errors and Omissions Liability: $1,000,000 per occurrence.
C. 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:
her: the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
the City, its officers, officials, employees and volunteers; or Contractor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
d. Other insurance provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain,the following provisions:
• 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 Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned, leased,
hired or borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers.
C
chamber Visitors Center Service Agreement 2003-05
Final Doc 815103
Page 10
Cxh�h,f L
`-` ATTACHMENT 7
Exhibit C: Insurance
• For any claims related to this project, 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 Contractor's
insurance and shall not contribute with it.
C 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,
C 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.
• Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested,has been given to the City.
e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
f. Verification of coverage. Contractor shall furnish the City with a certificate of
insurance showing maintenance of the required insurance coverage. Original
endorsements effecting general liability and automobile liability coverage required by
this clause must also be provided. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
Chamber Visitors Center Service Agreement 20031-05
Final Doc&WJ
Page I I
ATTACHMENT 3
AGREEMENT TO PROVIDE REGIONAL MARKETING SERVICES.
7,;j ---I f''; jt
-, ,
Pi 7
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 COUNTY VISITORS AND CONFERENCE BUREAU, a nonprofit corporation,
hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, the City desires to contract with the Contractor to promote San Luis
Obispo County and the Utys advantages as a destination for tourists seeking to visit this
region of California; and
WHEREAS, Contractor is qualified for and 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 July 1, 2003 until June
30, 2005.
2. INCORPORATION BY REFERENCE. Exhibit A.
3. REPRESENTATION FOR PROGRAM COORDINATION.
3.1 City. The City Administrative Officer or the 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.
Jonni Biaginni, Executive Director of Contractor is hereby 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.
ct
VCB Service Agreement 2003 05
Final Doc 815103
Page 1
AiTACHNIENT3
4. CITY'S OBLIGATIONS. For providing services as specified in Exhibit A.to
this Agreement, City agrees to cooperate with Contractor and Contractor shall receive
compensation as follows:
2003-04 2004-05
Regional Marketing Activities $68,000 $70,040
Payment shall be made in four installments, as follows:
• September 1, 2003 $34,000
• January 30, 2004 $34,000
• July 31, 2004 $35,020
• January 31, 2005 $35,020
5. CONTRACTOR'S OBLIGATIONS.
5. 1. Scope of Work- Exhibit A. For and in consideration of the payments
and agreements to be made and performed by City, Contractor agrees to provide services
as described in Exhibit A attached hereto and incorporated into this Agreement.
5.2. Tourism Marketing Plan. Contractor agrees to assist the City in
achieving the major objectives set forth in the City of San Luis Obispo's Tourism
Marketing Plan 2003.
5.3. Coordination of Efforts with other Contractors. In addition to
Contractor, the City has service agreements for its community promotions efforts with the
San Luis Obispo Chamber of Commerce for visitors information services and public
relations as well as with an independent agency to provide advertising services.
Contractor acknowledges the potential for duplication of efforts and costs as a result of
these agreements with the City. To coordinate efforts, Contractor agrees to participate in
monthly meetings of the Promotional Coordinating Committee's Marketing Subcommittee
and 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 public relations, visitors
information and advertising services agreements.
5.4 Promotion of City Properties. Contractor agrees during its promotion
of City and fulfillment of the terms of this contract that it shall promote all City of San Luis
Obispo lodging, whether or not they are member of the San Luis Obispo County Visitors
and Conference Bureau. Contractor acknowledges that this promotional effort will require
a link on Contractor's website to a list of non-member properties and could result in the
insertion, when required and produced by the City, of separate materials to include non-
member lodging properties on information lists and other materials.
VCB Service Agreement 2003-05
Fina!Doc 8✓a/03
Page 2
ATTACHMENT 3
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.
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 San Luis Obispo County Visitors & Conference Bureau
1037 Mill Street
San Luis Obispo, CA 93401
Attn: Jonni Biaginni
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.
Cut -
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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 Dave Romero, Mayor
APPROVED AS TO FORM: CONTRACTOR
- By:
Joha_ an Lowell, City Attorney Jonni Biaginni, Executive Director
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EXHIBIT A
SCOPE OF WORK
A. Maintain public office for visitors information that has regular hours that suit the
needs of conference attendees and potential visitors.
A.1. Answer high volumes of telephone calls
A.2. Serve as contact for potential visitors as well as a referral agency.
A.3. Respond to written requests for information
B. Develop group business and conferences.
6.1. Focus efforts on appropriately sized conferences and business groups for
the facilities available in the region.
B.2. Represent the City and region by attending major travel and sales shows
that directly impact the target market .
6.3. Work with individual prospects to coordinate conferences.
6.4. Support the use of the Performing Arts Center for major events.
C. In coordination with the City create and implement a coordinated marketing
campaign.
C.1. Coordinate efforts with the City's Ad Contractor and Public Relations
Contractor to avoid duplication of efforts and leveraging of potential
opportunities.
C.2. Focus efforts on marketing the region as a destination.
C.3. Develop appropriate materials to accomplish marketing campaign.
D. Act as the City-wide film commission to attract filming to the area.
E. Assist in disseminating and promoting any brand images developed for the City's
Community Promotions Program as part of specific information about the City.
F. Assist in achieving the Tourism Marketing Plan's goals.
G. Monthly, by the first Wednesday, provide written reports on activities in to the
City of San.Luis Obispo's Economic Development Manager to be included in the
Promotional Coordinating Committee' meeting packets. At a minimum the
reports shall include:
G.1. VCB Website information including: number of distinct visits to the site,
number of additions to the email database, top three most.viewed pages,
significant additions or changes to the site.
G.2. Number and type of media contacts
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ATTACHMENT 3
G.3. Number and subject of press releases about the region (include copies of
any mentioning the City specifically)
GA Fam Trips
G.5. Writer Trips
G.6. Quantification of PR and Advertising and direct inquires regarding the
City.
G.7. Whenever possible describe City specific promotional efforts.
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bio
Exhibit B ATTACHMEtIT 3
GENERAL TERMS AND CONDITIONS
1. Business Tax. Contractor must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling(805)781-7134.
2. Ability to Perform. 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. 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
Contractor is required to pay.
5. Permits and Licenses. Contractor shall procure all pen-nits and licenses, pay all charges and
fees,and give all notices necessary.
6. Safety Provisions. 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 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. Preservation of City Property. Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured
or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor began work.
9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors
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.
10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will
not engage in, nor permit such sub-contractors 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.
11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the time f2 A
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ATTACHM"IT 3
Exhibit B: General Terms and Conditions
of completion may, at the City's sole option, be extended for such periods as may be agreed upon
by the City and the Contractor.
12. 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 Contractor(Net 30).
13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of 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..
14. 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.
15. Interests of Contractor. 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. Contractor further covenants that,.in the
performance of this work, no sub-contractor or person having such an interest shall be employed.
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, Contractor shall at all times be deemed an independent contractor and not
an agent or employee of the City.
16. Hold Harmless and Indemnification. 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 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 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 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.
17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the
City, including those provided through subcontractors, are "Year 2000 compliant." For the
purpose of this contract, "Year 2000 compliant" means that goods or services provided to the
City will continue to fully function, fault-free, before, at and after the Year 2000, without
interruption or human intervention; and if applicable, any data outside of the date range 1990-
1999, including leap years, will be correctly processed in any level of computer hardware or
software, including, but not limited to,microcode, firmware, application programs, files and data
bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on
liability, otherwise provided by the Contractor.
Upon request by the City,the Contractor will provide the City with a description of its Year 2000
compliance strategy,or statement of why this is not relevant to contract performance.
(211 -35
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Exhibit B: General Terms and Conditions
18. Contract Assignment. 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.
19. Termination. If, during the term of the contract, the City determines that Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify Contractor in
writing of such defect or failure to perform; which notice must give Contractor a 10 (ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency.
If 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 Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities; or rights under the contract.
In said event, Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such
breach. "Reasonable value" includes fees or charges for goods or services as of the last
milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the
Agreement payment schedule; compensation for any other work, services or goods performed or
provided by Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope.
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 Contractor be entitled to
receive in excess of the compensation quoted in its proposal.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of Contractor as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
21. Release of Reports and Information. Any reports, information, data, or other material given
to, prepared by or assembled by Contractor as part of the work or services under these
specifications shall be the property of City, and shall not be made available to any individual or
organization by Contractor without the prior written approval of the City .
22. Copies of Reports and Information. If the City requests additional copies of reports,drawings,
specifications, or any other material in addition to what Contractor is required to furnish in
limited quantities as part of the work or services under these specifications, Contractor shall
provide such additional copies as are requested, and City shall compensate Contractor for the
costs of duplicating of such copies at the Contractor's direct expense.
23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor to public meetings to present and discuss its findings and
recommendations. Contractor shall attend as many "working" meetings with staff as necessary in
performing workscope tasks.
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Exhibit C
INSURANCE jp
r,
Insurance. 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 Contractor, its agents, representatives, employees, or sub-
contractors.
a. Minimum scope of insurance. Coverage shall be at least as broad as:
0 Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
0 Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability,code I (any auto).
0 Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
0 Errors and Omissions Liability insurance as appropriate to Contractor's
profession.
b. Minimum limits of insurance. Contractor shall maintain limits no less than:
• 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.
• Automobile Liability: $1,000,000 per accident for bodily injury and property
damage.
• Employer's Liability: $1,000,000 per accident for bodily injury or disease.
• Errors and Omissions Liability: $1,000,000 per occurrence.
C. 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 Contractor shall procure a
bond guaranteeing payment of losses and related investigations,claim administration and
defense expenses..
d. Other insurance provisions. The general liability and automobile liability policies are to
contain,or be endorsed to contain,the following provisions:
• The City, its officers, officials, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities perfornied by or
on behalf of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned, leased,
hired or borrowed by Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers. cif K
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b 1--t L
• For any claims related to this project, 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 Contractor's
insurance and shall not contribute with it.
• 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.
• 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.
• Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested,has been given to the City.
e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than ANLL
f. Verification of coverage. Contractor shall furnish the City with a certificate of
insurance showing maintenance of the required insurance coverage. Original
endorsements effecting general liability and automobile liability coverage required by
this clause must also be provided. The endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
CU ��
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council mcmomnoum
city of san
is owspo, aammistnation aepautment —�
RECEIVED
DATE: August 14, 2003 .
FJU 1 , 200
TO: Council
/1 / SLO CITY CLERK
VIA: Ken Hampian, CAOGj�/'
FROM: Shelly Stanwyck,Economic Development Manager
SUBJECT: Council Agenda Report Item C11 for the August 19,2003 Meeting
On the Consent Agenda for Council's upcoming meeting on August 19, 2003, is a recommendation to
approve three separate community promotions contracts. Due to the timing of meetings, and the high
priority for continued community promotions efforts, the Promotional Coordinating Committee (PCC)
appointed an ad hoc committee to work with staff and the contractors in developing contracts for
Councils' consideration and adoption.
At their August 13, 2003 meeting the members of the PCC reviewed the Agenda Report and Contracts
being presented to Council for consideration and are recommending to Council that they approve the
funding for and authorize the Mayor to execute two-year contracts with the San Luis Obispo Chamber
of Commerce and San Luis Obispo County Visitors and Conference Bureau to provide the community
promotions services described in the Agenda Report and Contracts. The draft minutes of this meeting
are attached.
RED FILE
MEETING AGENDA
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DRAFT PCC Meeting Minutes of August 13,2003 -
Page 2
5. 2003-05 CONTRACTS FOR COMMUNITY PROMOTIONS
The staff report, contracts, and recommendation by the ad hoc committee to approve contracts
with,the San Luis Obispo Chamber of Commerce for Visitors and Tourist Information Services
and for Public Relations Services and with the San Luis Obispo County Visitors and
Conference Bureau for Regional Marketing Services were presented to the entire PCC.
Hunt Roberts moved and Justice seconded a motion to accept the ad hoc committee's
recommendation to Council to approve funding for and authorize the Mayor to execute the
above-described 2-year contracts with the San Luis Obispo Chamber of Commerce and San
Luis Obispo County Visitors and Conference Bureau. (Unanimous).
6. SUBCOMMITTEE ASSIGNMENTS
Subcommittee assignments for 2003-04 were discussed and the members of the standing
subcommittees of the PCC are as follows:
GIA Subcommittee Marketing Subcommittee
Diane Hunt Roberts George Newland
Louise Justice Debby Nicklas
Wilda Rosene Cate Norton
7. GRANTS-IN-AID LAISON ASSIGNMENTS
Committee members took turns selecting GIA recipients to whom they will serve as a liaison.
Those notations will be made to the GIA Summary sheet and included in the Agenda Packet
for the PCC's September 10, 2003 Meeting.
8. REPORTFROM THE CHAMBER
Lindsay Miller reported that the Chamber had issued one press release in July on San Luis
Obispo's geologic history. Lindsey has made contact with PBS on a Weekend Explorer show.
She distributed an article that ran in the LA Times Weekend Escape on San Luis Obispo. The
authors rented bikes from a.Better Bike Shop and stayed at the Petit Soliel Hotel.
Dave Garth reported that the Visitors Center numbers are down year to date. He believes
more people are getting information on the web and are not coming into the Visitors Center.
9. REPORT ON ADVERTISING
Maggie Cox reported that as this is an "in-between" time for the agency they have not placed
ad but are working hard on outreach to the arts community for a Fall Arts Promotion.
10. REPORT FROM VCB
Jonni Biaginni reported that the VCB Board had adopted a budget and that the Marketing Plan
for the VCB was underway. The VCB is hard at work at completing their Visitors Guide which
will be out in October and which will take on a completely new look and format. Local writers
have provided the text and it will be very different from other visitor publications.