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HomeMy WebLinkAbout07/17/2007, C10 - 2007-08 COMMUNITY PROMOTIONS CONTRACTS i council j agenda wpoin &.6 CITY O F SAN LUIS O S I S P O FROM: Shelly Stanwyck,Assistant City Administrative Officer Brigitte Elke,Principal Administrative Analyst SUBJECT: 2007-08 COMMUNITY PROMOTIONS CONTRACTS CAO RECOMMENDATION Approve Community Promotion's contracts to: (1) Provide funding in the amount of $43,500 in 2007-08 for public relations services and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce(Chamber) for said services. (2) Provide funding in the amount of$88,900 in 2007-08 for visitor and electronic information services and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce(Chamber)for said services. (3) Provide funding in the amount of $72,200 in 2007-08 for regional marketing services and authorize the Mayor to execute a one-year agreement with the San Luis Obispo County Visitors and Conference Bureau (VCB)for said services. DISCUSSION Background The City's annual Community Promotion budget is $423,100 for fiscal year 2007-08. This money is recommended to be allocated to three contractors to promote the City as a visitor destination. In 2003, in light of the growing competition from neighboring communities as well as the bordering counties, rising gasoline prices, fluctuating hotel occupancy rates, and the importance of transient occupancy tax revenue on San Luis Obispo's fiscal health Council adopted a promotional strategy with the following main objectives: 1. Increase transient occupancy and sales tax. 2. Promote San Luis Obispo as a tourist destination for two-night stays or longer. 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. Y Council Agenda Report—2007-08 Community Promotion Contracts Page 2 Since the adoption of the Tourism Marketing Plan, several of its main objectives have been accomplished. First, a Community Promotions Brand, San Luis Obispo—Experience the SLO Life was developed and adopted by Council. The brand is used in all of the City's community promotions efforts. Second, specific data about the City's market position and efforts to promote the City were gathered and studied by Campbell Rinker Research in 2004. The data confirmed the results of prior studies about the type of visitor to the City and the success of various methods used to attract visitors to the City. All City promotional contractors have used this information in their outreach efforts to the potential visitors. The other adopted objectives are ongoing activities on which the Promotional Coordinating Committee and the City's Community Promotions contractors continue to focus their efforts. The adopted budget for 2008-09 allocates funding for an updated effectiveness study. To accomplish its main objectives, the City applies a strategy of diversified promotions effort with several local organizations and an advertising agency assisting in the implementation of the overall community promotions program. The City's diversified approach to marketing has provided a means to leveraging limited funds through unique visitor services, direct and regional marketing efforts, and access to specialists in the local tourism industry. Four contracts are proposed to accomplish this diversified approach for 2007-08 in the following areas: public relations, visitor services,regional marketing and advertising. The City's community promotions program is overseen by the PCC and staffed by the Administration Department's Principal Administrative Analyst. 1. Development of Agreements In developing the proposed community promotions funding and agreements for 2007-08, the PCC formed an Ad Hoc committee staffed by John Conner, Debbie Nicklas and Terry Conner. This committee reviewed the previous funding allocations, the results from the contractors' efforts for 2006-07 and the existing service agreements with the contractors. Upon review and discussion, the Ad Hoc committee agreed that the allocations adopted in the approved 2007-09 budget were appropriate and forwarded draft agreements on to the contractors for their review and consideration. After all parties concurred as to the basic terms, the Ad Hoc committee recommended to the PCC the adoption of the Community Promotion funding allocations as set forth in the approved 2007-08 budget and the adoption of the three proposed agreements. The PCC is scheduled to approve the agreements in its July 11`h meeting for recommendation to Council. 2. Timing of Approval Due to the timing discrepancy between the final approval of the City's Financial Plan for 2007- 09 on June 19, 2007 and the PCC's monthly meeting, scheduled for the second Wednesday of the month, the PCC had not given final approval to the proposed work scope as recommended by the Ad Hoc committee and reviewed by the contractors to submit the agenda report in time for the July 17 Council meeting. However, staff found it imperative to present the agreements to Council for approval in order not to interrupt the promotional efforts put forth by the contractors. did -2 Council Agenda Report—2007-08 Community Promotion Contracts Page 3 Since both the Ad Hoc committee and the contractors have approved the changes to the work scope, staff does not anticipate any major changes by the PCC. The PCC minutes will be distributed as a red file after the monthly meeting on July 11, 2007. The advertising contract was approved by Council on July 3, 2007 and awarded to Verdin Marketing Ink after an open RFP process and according to the PCC's recommendation. Specific Funding Allocation and Agreement Recommendations In each of the proposed community promotions agreements, the contractors agree to coordinate their efforts with the other contractors to avoid duplication and overlap. They also all agree to implement the City's Tourism Marketing Plan goals and objectives, promote the Community Promotions brand, and continue to maintain and develop strategic alliances with identified community groups. Additionally, even though both are membership organizations, the Chamber and VCB agree to promote all City lodging properties (whether or not they are a member of either organization) during the promotion of the City as defined in their respective agreements. Finally, each of the agreements addresses the Tourism Marketing Plan's objective of developing accountability standards for the contractors by requiring monthly reports with detailed information about the various activities undertaken on behalf of the City. These standards are addressed in the respective contracts under Exhibit A—Work Scope. Council will note that all of the agreements are for a one-year term. The Ad Hoc committee felt strongly that in order to retain flexibility in the community promotions program and to respond to the varied conditions present in today's tourism industry one-year terms would be preferred for the City. The Three Agreements: Summary and Scope of Services 1. Public Relations The Public Relations Agreement is proposed to be with the San Luis Obispo Chamber of Commerce (Chamber) in the amount of$43,500 for 2007-08 (Attachment 2). The Chamber will provide staff a monthly accounting of "billable hours", time spent on the contract and activities undertaken, and will receive a monthly stipend of$3,500. The Public Relations Agreement also proposes a $1,500 reserve for expenses incurred for public relations services, such as media kits or "giveaways" to travel writers. The Chamber has agreed to 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. More specific services to be performed by the Chamber while providing the City with public relations services include: the maintenance and development of relationships with travel writers and editors, writing and distributing 12 press releases a year about the City and four "What's New in San Luis Obispo" releases, and maintaining the existing "press room" on the visirslo.com website. The Chamber will also seek to achieve various media goals such as coordinating 30 C�a�3 � I Council Agenda Report—2007-08 Community Promotion Contracts Page 4 travel writer visits to San Luis Obispo, having eight magazine articles on the City appear in various publications and getting extensive newspaper and broadcast coverage in the target markets. The Chamber will track all media placements and coverage for the year which is expected to meet a total value of$1,000,000 in advertising equivalent, and a broadcast coverage to approximately two million people. 2. Visitor and Electronic Information Services The Visitor and Electronic Information Services Agreement is also proposed to be with the Chamber in the amount of$88,,900 for 2007-08 (Attachment 3). The Chamber 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 agreement for visitor and electronic information services, the Chamber has agreed to provide specific services including: maintaining a public office in a central location for visitor information, providing a high level of customer service to visitors, providing information about the City, maintaining the visitslo.com website and making enhancements to the website as recommended by the PCC. 3. Regional Marketing Services The Regional Marketing Services Agreement is proposed to be with the Visitors and Conference Bureau (VCB) in the amount of$72,200 for 2007-08 (Attachment 4). The VCB will promote the advantages of San Luis Obispo County as a destination for tourists seeking to visit the Central Coast. The City's tourist amenities become far more attractive when they are marketed as the central location for all county-wide destinations. The VCB is in a position to accomplish this aim in an efficient and economical manner for the City. The VCB plans to undertake several niche marketing initiatives in 2007-08 and will introduce its new website in July 2007. The VCB will work closely with the other contractors and the PCC to include the City in those initiatives. Specific services to be provided by the VCB for regional marketing include: the maintenance and development of information that suits the needs of visitors and conference attendees, developing group business and conferences, coordinating with the City to create and implement a marketing campaign, acting as a city-wide film commission, maintaining electronic information about the City, disseminating and promoting the City's brand image for community promotions. FISCAL IMPACT The total amount currently budgeted in the 2007-08 Financial Plan for Community Promotions is $423,100. The funds are to be allocated for Public Relations $43,500, Visitors and Information Services $88,900, Regional Marketing Services $72,200, and Advertising Services $187,500. Additional funding is provided for enhanced promotions$25,000, an advertising effectiveness study $5,000 and$1,000 for support expenses. Cao -� C. Council Agenda Report—2007-08 Community Promotion Contracts Page 5 ALTERNATIVES The Council could choose to fund the contractors at different levels or modify the scope of services.. Staff does not recommend adjustments, as the proposed contracts are the result of carefully negotiated exchanges. ATTACHMENTS 1. Agreement to Provide Public Relations Services 2. Agreement to Provide Visitor and Electronic Information Activities 3. Agreement to Provide Regional Marketing Services 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 , 2007 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 through public relations efforts, 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, 2007 until June 30, 2008. 2. INCORPORATION BY REFERENCE. Exhibit A. 3. REPRESENTATION FOR PROGRAM COORDINATION. 3.1 City. The City Administrative Officer or his 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, and upon receipt of monthly invoices with attached copies of work order forms, bills, and detailed billable hours (reflecting the time spent, the employee, and the activity undertaken), the City agrees to pay to contractor 12 monthly payments of a gmmbor Public Rotations contract 2007-08 cio -� n C ATTACHMENT retainer in the amount of Three Thousand Five Hundred Dollars ($3,500) per month plus up to, and._no more than, OneThousand Five Hundred Dollars ($1,500) for expenses as billed for a total public relations services allocation not to exceed Forty Three Thousand Five Hundred Dollars ($43,500)for 2007-08 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. 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 Verdin Marketing Ink 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 Agreement 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 Agreement 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 Chamber Public Relations Contract 2007-08 Page 2 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 parry 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 Audrey Hooper, City Clerk Dave Romero, Mayor Chamber Public Relations Contract 2007-08 Page 3 ATTACHMENT 9 APPROVED AS TO FORM: CONTRACTOR By: Jo n Lowell, City Attorney Dave Garth, President/CEO San Luis Obispo Chamber of Commerce e140 -�' Chamber Public Relations Contract 2007-08 Page 4 ATTACHMENT 1 EXHIBIT A SCOPE OF WORK FOR PUBLIC RELATIONS SERVICES 1. Assist in implementing the City's Tourism Marketing Plan Goals and Objectives. 1.1.Continue to maintain and improve upon strategic alliances including supporting partnership opportunities with the San Luis Obispo Vintners on their two main events, Cal Poly Open House & Alumni relations, the Arts Community on special events, the City's Parks and Recreation Department through special events and marketing opportunities. 2. Use the City of San Luis Obispo's Community Promotion's Brand, San Luis Obispo —Experience the SLO Life!in all materials and promote its use by the media. 3. Focus of Public Relations Efforts 3.1.Utilize targeted themes, for instance, the Great Outdoors or the Cultural Center, as an umbrella "theme" for promoting the Arts Community, culinary, eco and recreational tourism hiking, biking, sightseeing, shopping and other activities that can easily be undertaken in the City. Identify and refine themes and public relations focus at monthly marketing meetings with the Promotional Coordinating Committee's (PCC) Marketing Subcommittee. 3.2. Provide information to travel editors and assignment editors about local events such as: Music & Arts Festivals, Tour of California, Jeep Mountain Bike Race, etc. Make sure to highlight events according to the Grants in Aid events supported by the City Council. 3.3. Target various niche interests including: culinary tourism, eco and recreational tourism, developing travel trends, and writers specializing in these and other relevant special interests. 3.4. Continue to assist in achieving the Tourism Marketing Plan's goal of maintaining and improving upon strategic alliances by supporting special events through the promotion to visitors and residents. 4. Media Relations 4.1. Aggressively maintain and develop relationships with travel writers and editors. Conduct ongoing outreach to key newspaper, magazine, guidebook, television, radio, online, and syndicated editors, writers and producers. 4.2. Target the following media markets: the Bay Area including San Jose, the Central Valley, the greater Phoenix Area, the Sacramento Region, Orange County, Los Angeles County, Ventura, as well as new markets as they develop. 4.3. Respond timely to media requests for information about the City. 4.4. Upon request, or in connection with a targeted story pitch (and when an article is likely to result) serve as the primary host to coordinate accommodations, meals, meetings, tours and other personal services for visiting travel writers. '/� /d Chamber Public Relations Contract 200/-08 Page 5 ATTACHMENT 1 4.5. Attempt to meet the following Media Relations Goals: 4.5.1. 30 domestic press visits. 4.5.2. Eight magazine articles focusing on the City or some niche travel related aspect of the City in travel oriented and/or specialty publications identified by the Contractor and PCC Marketing Subcommittee or by the Ad Contractor as a publication an ad is being placed in. 4.5.3. 24 newspaper articles in target markets' newspapers such as: LA Times, San Jose Mercury News, and so forth that focus on the City, a special event in the City, or some niche travel related aspect of the City as identified by the Contractor and PCC Marketing Subcommittee. 4.5.4. 24 general media coverage in target markets (e.g. mention in Calendar of Events, planning materials, etc.). 4.5.5. 12 articles or informational updates in electronic media. including travel sites, electronic publications, etc. 4.5.6. Two broadcast events in the target markets. 4.5.7 Identify the top 20 most frequently used California or Central Coast Guide Books to the PCC Marketing Subcommittee. Advocate for, and/or update City coverage in those guide books to ensure that it is current and representative of the current Tourism Marketing Plan objectives. Respond to specialty publication inquires to the Chamber and provide current factual information. 5. Specific Public Relations Efforts 5.1. Develop story ideas to elicit coverage about the City and promote fresh story ideas through press releases, destination updates, tourism trends and story pitches. Possible ideas for 2007-08 could include: shopping in Downtown San Luis Obispo, hiking and biking in San Luis Obispo, Fall Arts events, San Luis Obispo Vintners and Growers wine events, local bike races, eco and recreational tourism and other ideas developed at the monthly meeting of the PCC Marketing Subcommittee. Coordinate story pitches with the advertising and regional marketing contractors and provide pitches to the media outlets the ad and regional marketing contractors advertises in during the time the advertisements are running. 5.2. Write and distribute a minimum of 12 press releases per year and four quarterly What's New in San Luis Obispo targeted to the media. 6. Maintain Information 6.1. Maintain a computer mailing list of travel oriented media outlets (newspapers, magazines, radio, television stations, freelance writers, electronic media sources, etc.) with a core group of contacts. Provide list to City upon request. 6.2. Update listings about the City in various publications, both print and electronic. Seek out new publications for the City to be listed in. 6.3. Coordinate with the Chamber Visitors Center regarding an annual special events calendar. 6.4. Develop and maintain a Press Room on the visitslo.com website. Include in the press room the following: general information about the City, contact e4 // Chamber Public Relations Contract 2007-0.- Page 6 ATTACHMENT 1 information, Frequently Asked Questions, story ideas, what's new, press releases that are downloadable, articles about the City, and image gallery with several high resolution images. 6.5. Report on activity, network opportunities, and placements achieved through the City's contract with Media Kitty. 7. Provide written reports on Public Relations activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration Department to be included in the PCC's meeting packets. At a minimum the reports shall include: 7.1. Summary of media contacts during the reporting period. 7.2. Copies of press releases sent out during the reporting period. 7.3. Summary of editorial and/or stories published during the reporting period and copies thereof. Include the publication, total circulation, column inch and total valuation per the Gale Directory or other similar publication 7.4. Summary of materials distributed during the reporting period. 7.5. Summary of strategic alliances supported during the reporting period. B. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the workscope and elaborate on upcoming plans and events. &D/3 Chamber Public Relations Contract 2007-Gd Page 7 ATTACHMENT I Exhibit B 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 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 /y Chamber Public Relations Contract 2007-00. Page 8 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 damagesor 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 2007-GJ Page 9 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 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. Chamber Public Relations Contract 2007-08 Page 10 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. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's 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 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 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 bio-X7 Chamber Public Relations Contract 20t 6-07 Page 11 - ATTACHMENT I 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 ANII. 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 20u6-07 Page 12 ATTACHMENT2 ' AGREEMENT TO PROVIDE VISITOR & ELECTRONIC INFORMATION SERVICES THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of 2007, 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; WHEREAS, the City and Contractor had previously entered into an Agreement on August 18, 2005 for visitor center services and website marketing and as recommended by the PCC, the City wishes to continue to contract with the Contractor for these services and make minor revisions to the 2005 Agreement to reflect the current direction of the Community Promotions Program; 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, 2007'until June 30, 2008. 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, and upon receipt of Contractor's monthly contractor report, City agrees to pay to Contractor 12 monthly installment payments, in the amount of Seven Thousand ���7 {� ATTACHMENT 2 One Hundred Ninety Two Dollars ($7,408), for a total of Eighty Eight Thousand Four Hundred and Eight Dollars($88,900)for 2007-08. 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. 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 Barnett, Cox and Associates 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 Funds. Contractor shall allocate a total of Fifteen Thousand Dollars ($15,000) of the City's annual compensation for the maintenance and improvement to the visitslo.com website. The nature and extent of any improvements or changes to the site shall be mutually agreeable to both parties and are more particularly described in Exhibit A. 6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general terms and conditions as specified in Exhibit B. 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". ATTACHMENT 2 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 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 Audrey Hooper, City Clerk Dave Romero, Mayor C�� oe4� C ATTACHMENT APPROVED AS TO FORM: CONTRACTOR By: Jonatt n Lowell, City Attorney Dave Garth, President/CEO San Luis Obispo Chamber of Commerce AITACHMEW 2 EXHIBIT A SCOPE OF WORK FOR VISITOR & ELECTRONIC INFORMATION SERVICES 1. Assist in implementing the City's Tourism Marketing Plan Goals and Objectives. 1.1.Continue to maintain and improve upon strategic alliances including supporting partnership opportunities with the San Luis Obispo Vintners on their two main events, Cal Poly Open House & Alumni relations, the Arts Community on special events, the City's Parks and Recreation Department through special events and marketing opportunities. 2. Use the City of San Luis Obispo's Community Promotion's Brand, San Luis Obispo — Experience the SLO Life!in visitor and electronic information materials. 3. Maintain a public office in a central location in Downtown San Luis Obispo for visitors information (the "Visitors Center") that has regular hours that suits the needs of visitors. 3.1. The Visitors Center is presently located at 1039 Chiorro Street, very near to the historic Mission. San Luis Obispo de Tolosa. The City acknowledges that the present location of the Visitors Center may have to change to another suitable downtown location during the term of this contract because of the anticipated redevelopment of the property. The Chamber agrees to provide 30 days written notice to the City of any relocation of the Visitors Center. 4. Provide visitor information that suits the needs of visitors to San Luis Obispo. 4.1. Provide high level of personal customer service to visitors with an adequate number of trained employees to handle the seasonal flow of visitors to the Visitors Center. 4.2. Respond to high volumes of information requests including telephone calls and emails. 4.3. Serve as a contract for information requests from potential visitors as well as a referral agency to local lodging and other resources. 4.4. Maintain electronically an annual events calendar. 4.5. In the Visitors Center dispense City maps, hotel/motel directories, visitors guides, brochures, pamphlets, and general statistics about the community. 5. Maintain the updated visitslo.com website by providing: 5.1. A media room 5.2. A list of 'What to do" in San Luis Obispo when traveling with children and pets. 5.3. Historical information with a particular focus on the Mission. 5.4. Electronic versions of maps and brochures that are useful to visitors. 5.5. Post the monthly electronic newsletter produced by Verdin Marketing Ink. 5.6. Monitor search engine response to key words related to visiting San Luis Obispo. ATTACHMENT 2 6. Provide written reports on activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration Department to be included in the Promotional Coordinating Committee' meeting packets. At a minimum the reports shall include: 6.1. Summary of monthly website information. 6.2. Number of visitors to the center for the month. 6.3. Number of advertising fulfillment packets mailed and number of respondents to various promotional activities for the month and aggregated total. 6.4. Summary of monthly telephone and email information requests.. 6.5. Type and quantity of any special materials distributed to groups. 6.6. Description of partnership events or promotional opportunities undertaken and outcomes. 7. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events. ��o zy - ATTACHMENT 2 Exhibit B 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 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 ATTACHMENT 2 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. 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. 18. 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 RTTRCHMENT 2 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. 19. 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. 20. 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. 21. 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. 22. 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. ATTACHMENT 2 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. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's 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 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 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 ATTACHMENT 2 Exhibit C- Insurance 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. • 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 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 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. - - ATfACHMENT3 AGREEMENT TO PROVIDE REGIONAL MARKETING SERVICES THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this the day of , 2007 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 City s 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; WHEREAS, the City and Contractor had previously entered into an Agreement on June 12, 2006 for regional promotion, marketing services and as recommenced by the PCC, the City wishes to continue to contract with the Contractor for these services and make minor revisions to the 2006 Agreement to reflect the current direction of the Community Promotions Program; 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, 2007 until June 30, 2008. 2. INCORPORATION BY REFERENCE. Exhibit A. 3. REPRESENTATION FOR PROGRAM COORDINATION. 3.1 City. The City Administrative Officer or his 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. VCB Regional Marketing Contract 2006-07 Page 1 ATTACHMENT 3 4. CITY'S OBLIGATIONS. For providing services as specified in Exhibit A to this Agreement, and upon receipt of Contractor's monthly contractor report, City agrees to pay to Contractor 12 monthly installment payments, in the amount of Six Thousand and Eight Dollars ($6,016.67), for a total of Seventy Two Thousand Two Hundred Dollars ($72,200.00)for 2007-08. 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. 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 public relations and visitors and electronic information services as well as with Verdin Marketing Ink for advertising .services. Contractor acknowledges the potential for duplication of efforts as a result of these agreements with the City. To coordinate efforts, Contractor agrees to attend the monthly meetings of the Promotional Coordinating Committee's Marketing Subcommittee and provide a 60-day action plan at that meeting. In performing its services under this agreement; Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid duplication efforts in association with the visitors and electronic information, public relations and advertising services agreements.. 5.4 Promotion of City Properties. City acknowledges that Contractor is a membership based organization. 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 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. 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". VCB Regional Marketing Contract 2006-07 p.2 ATTACHMENT 3 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 811 EI Capitan Way #200 San Luis Obispo, CA 93401 Attn: Jonni Biaggini 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 parry. 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 Audrey Hooper, City Clerk Dave Romero, Mayor VCB Regional Marketing Contract 2006-07 p.3 R1ffRCHMENT 3 APPROVED AS TO FORM: CONTRACTOR By: JoAgt owell, City Attorney Jonni Biaggini, Executive Director San Luis Obispo County VCB VC8 Regional Marketing Contract.J06.07 p.4 ATTACHMENT 3 EXHIBIT A SCOPE OF WORK FOR REGIONAL MARKETING SERVICES 1. Assist in implementing the City's Tourism Marketing Plan Goals and Objectives.. 1.1. Continue to partner with the San Luis Obispo Vintners on their two main events, Cal Poly Open House and the Arts Community on special events and marketing opportunities. 2. When promoting the City of San Luis Obispo utilize the Community Promotions' Brand, San Luis Obispo — Experience the SLO Life! 3. Provide visitor information that suits the needs of conference attendees and potential visitors in order to promote the variety of activities in San Luis Obispo. Include information that pursues the goal of the City of San Luis Obispo being the destination for vacation stays for two days or longer. 4. Maintain electronic information services through a visitor oriented website and other electronic media. 4.1. Respond to high volumes of information requests including telephone calls and emails. 4.2. Serve as contact for potential visitors as well as a referral agency to local resources. 4.3. Continue to add City of San Luis Obispo special events to VCB website and highlight the cultural offerings during the various months. 4.4. Distribute various electronic newsletters of which at.least six feature City of San Luis Obispo events, activities, amenities: "What's New" and press releases to members of the media contacts database considering collaborations as defined under 1.1 5. Develop group business and conferences.. 5.1. Focus efforts to increase conference, retreat, government, and travel industry business through targeted sales efforts emphasizing mid-week and off-season business. 5.2. Represent the City and region by attending major travel and sales shows that directly impact the target market. 5.3. Work with individual prospects to coordinate conferences. 5.4. Promote the use of the Performing Arts Center, Damon Garcia Sports Fields, and other major facilities in the City of San Luis Obispo for use for major events. VCB Regional Marketing Contract 2006-07 p.5 ATTACHMENT 3 6. Create and implement a coordinated marketing campaign for the San Luis Obispo County Region. 6.1. Coordinate efforts with the City's Advertising and Public Relations Contractors to pursue mutually beneficial opportunities and to avoid overlapping marketing efforts. 6.2. Market the region as a destination. 6.3. Develop appropriate materials to accomplish marketing campaign including website, weblinks, monthly contests, e-newsletter, magazine advertisements, etc. 6.4. Distribute a minimum of six topical press releases that include the following: Amgen Tour of California, Jeep King of the Mountain World Championship Races; San Luis Obispo County Wine Trail features, major cultural events and outdoor activities in and around San Luis Obispo. 6.5. Host and coordinate various journalists' visits. 6.6. Produce electronic and in print visitors' guides. 6.7. Attend various media oriented trade shows in California or locally. Attend several leisure/group meeting trade shows representing the City as appropriate. 7. Serve as the film commission for the County of San Luis Obispo. Serve as the liaison for filming activities in the region and in the City. Assist in the coordination of film activities in the City as well as with compliance with City ordinances pertaining to filming. 8. Provide written reports on activities monthly (by noon on the first Wednesday of the Month) to the City of San Luis Obispo's Administration Department to be included in the Promotional Coordinating Committee's monthly meeting packets. At a minimum the reports shall include: 8.1. Summary of activities & achievements relating to work scope as outline in Appendix A 8.2. Summary of monthly VCB Website information 8.3. Summary of public relations efforts with travel writers, editors, radio journalists and television producers including press releases, contacts and media placements. Discussion of any travel writer trips hosted or planned. 8.4. Summary of advertising placements. 8.5. When possible a discussion of City specific public relations and advertising efforts. 8.6. Media placement reports tracked through a clipping service. 9. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events. elo VCB Regional Marketing Contrac.2006-07 P.6 ATTACHMENT 3 GENERAL TERMS AND CONDITIONS 1. Business License & 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 Contractors 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 c5ld �! VCB Regional Marketing Contract 2006.07 p.7 ATTACHMENT 3 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. 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. 18. 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 VC8 Regional Marketing Contract 21,,,6-07 P.8 ATTACHMENT 3 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. 19. 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. 20. 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. 21. 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. 22. 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. VCB Regional Marketing Contract 2006-07 P.9 ATTACHMENT 3 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. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's 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 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 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. VCB Regional Marketing Contract 2006.07 P.10 ATTACHMENT 3 a 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. e 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. VCB Regional Marketing Contract 2006.07 P.t t council memoRanbum city of-san lues oBispo, aaimmstRation aEpautment RED FILE RECEIVED DATE: July 13, 2007 MEETING AGENDA DATE-/Z ITEM # C &o JUL 13 2007 TO: City Council SLO CITY CLERK FROM: Ken Hampian, City Administrative Officer54 Prepared by: Brigitte Elke,Principal Administrative Analyst SUBJECT: Promotional Coordinating Committee (PCC) Draft Minutes from July 11,2007 With Consent Agenda Item C-10, 2007-08 Community Promotion Contracts, scheduled on July 17, 2007 Council is asked to approve the new Community Promotions contracts for 2007-08 with the Chamber of Commerce and the San Luis Obispo County Visitors and Conference Bureau. Three contracts are presented for approval. 1. Public Relations services through the Chamber of Commerce in the amount of$43,500 2. Visitor Center and electronic information services through the Chamber of Commerce in the amount of$88,900 3. Regional Marketing services through the San Luis Obispo County Visitors and Conference Bureau in the amount of$72,200 The PCC reviewed the Ad Hoc committee's recommendation at its July 11, 2007 meeting and unanimously approved the contracts as presented for recommendation to Council. The draft minutes are attached. L COUNCIL jPCDD DIR CAO rFIN DIR 42 ACAO 'FIRE CHIEF IRATTORNEY 5r PW DIR KCLERK/CRIG ;?POLICE CHF DEPT HEADS ;oREC DIR -pfdA UTIL DIR ® Tie%Bca70y HR DIR — GAStg0VAARed File.MCC-Comma Renewal-July 11,200Zdor r Promotional Coordinating Committee DRAFT Minutes Wednesday, July 11, 2007 5:30 pm City Hall Council Hearing Room 990 Palm Street CALL TO ORDER: Chair Cate Norton 6:05 pm PRESENT: T. Conner, Kinney, Babb STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst PUBLIC COMMENT No public comment. CONSENT AGENDA ACTION: Moved by Kinney/T. Conner to approve the consent agenda as presented. Motion carried 4:0. PRESENTATIONS 1. PUBLIC RELATIONS CONTRACT— QUARTERLY REPORT Lindsey Miller gave an overview on Public Relations, the Chambe ' ract and its organization to fulfill the contract. She reported on the PR over the last three months and the upcoming opportunities that will concentrat arget niche markets and utilization of the overall marketing theme. Dave Garth intr ed an upcoming opportunity with CalPoly's Radio Station 1610 AM for tourist info on. Once they finalized all the agreements needed, they will come back to t C for consideration in the marketing mix and financial support through the enhan romotion budget. For 2007-08 the plan includes CaITIA attendance, Jeep King of the Mountain, Tour of California, ancement of online press room, a quarterly newsletter to hotels and motels, local sm surveys for 2007 & 2008, survey about repeat visitation, grand opening of nna Inn Spa and the 50th birthday of Hearst Castle. V BUSINESS ITEMS 1. APPROVED BUDGET OVERVIEW Brigitte Elke presented the approved budget to the comm' i erated the changes that were requested and ultimately approved. T ee was very pleased to see the research budget. Jeanne Ki about the enhanced promotional funds and how they will be used. Bri ' explained that the decision as to who or what to fund is at the com ' iscretion. 2. CONTRACT REVIEW FOR PF, TOURIST CENTER & REGIONAL Brigitte Elke presented the work scope of all three contracts as updated by the ad hoc committee staffed by Debbie Nicklas, John Conner and Terry Conner. The contracts had been reviewed by the contractors without any changes or comments. Terry Conner elaborated that the changes were based on the discussions the committee had over the last few months. The most significant changes were the stressing of the collaboration and coordination between the contractors as well as all the different industry groups that are supported through the grants-in-aid program. In addition, the new contracts ask for reporting according the work scope. All contractors will adjust their reporting accordingly. Moved by T. Conner/Babb to approve the contracts as presented. Motion carried 4.0 3. NEW COMMITTEE STRUCTURE Cate Norton introduced the idea to give the Marketing Subcommittee a more rued purpose that would concentrate its work on the update of the Mari n and the review of the individual contracts. This would eliminate the nee monthly outside of the January through May time frame, unless as CC for specific assignments. Moved by Kinney/Babb to rate the efforts of the Marketing Subcommittee on the yearly Marketing Pla a and contract renewals with specific meeting dates once a month betwee uary and May. The subcommittee would be on call for special assignrpMy the PCC. aptWff carried 4:0 1. GRANTS-IN-AID SUBCOMMITTEE — LIAISON ASSIGNMENT & SU Brigitte Elke presented the Council approved n list and the committee assigned the each member to five organizations. aining organizations will be distributed amongst the remaining members. mttee also discussed better collaboration with the organization by a ging them to work with the contractors for PR, information at the Tourism C etc. Lindsey Miller will update the informational brochure for distribution to th members. r 2. MARKETING PLAN UPDATE Brigitte Elke presented the latest draft of the Marl wi be submitting the plan electronically to all members an ors for review, corrections and changes. The final version will be to the PCC in August for approval and recommendation to Council. woo The meeting adjourned at 7:35 pm to the August 8, 2007 meeting.