HomeMy WebLinkAbout01/06/2009, C10 - REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DI council '716 a
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C I T Y OF SAN LUIS OBISPO
FROM: Shelly Stanwyck, Assistant City Administrative Officer
Prepared By: Brigitte Elke, Principal Administrative Analyst
SUBJECT: REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR
THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT.
RECOMMENDATION
As recommended by the Tourism Business Improvement District (TBID) Board, release Request
for Proposal (RFP) Specification No. 90895 for tourism marketing services.
DISCUSSION
Background
In June 2008 Council adopted Ordinance 1517 (Attachment 1) establishing a tourism business
improvement district (TBID) as requested by the local lodging industry. The assessment became
effective on October 1, 2008 (Attachment 2 —Ordinance 1520) and the use of funds was defined
in Section 12.42.030 as follow:
"This ordinance is made and enacted pursuant to the provisions of the Parking and Business
Improvement Area Law of 1989 (Sections 36500 et. seq., of the California Streets and Highways
Code). The purpose of forming the district as a business improvement area under the Parking
and Business Improvement Area Law of 1989 is to provide revenue to defray the costs of
services, activities and programs promoting tourism which will benefit the operators of hotels in
the district through the promotion of scenic, recreational, cultural and other attractions in the
district as a tourist destination. "
As required by State law, Council established an advisory.board and elected five hoteliers to the
newly created TBID Board. The board started its discussion about its possible marketing efforts
in October and continued the discussion in November (Board Minutes — Attachment 3).
Establishing a guiding marketing plan and the creation of a San Luis Obispo Lodging only (only
hotels and motels within City limits) website were the main objectives. The board initially
wanted to create the marketing plan and the website first and then commission a marketing
company to execute the plan. However, it reconsidered that position in its December meeting
(Attachment 4— Draft Board Minutes), arguing that a company writing the plan will already have
bought into the recommended strategies and is therefore best positioned to execute the winning
proposal.
Council Agenda Report—TBID RFP for Marketing Services
Page 2
The board subsequently approved the attached RFP document, requesting companies to submit
proposals with a three-phase approach. The proposals sought should therefore provide the
following components:
1. Establishment of a City of San Luis Obispo Tourism Marketing Plan
2. Website Development
3. Execution of the Marketing Plan
Bidders can essentially choose to respond to one component within the RFP only. However, as
mentioned above, the board felt that, in order to successfully execute a marketing plan, a
company has to buy into the guiding objectives and strategies within the established plan
document. This is harder to achieve when a company has to take over a plan established by
another contractor. The board therefore voted to release an all encompassing RFP instead of
individual assignments.
FISCAL IMPACT
The TBID assessment is'set at two percent of gross room revenue. To date, only the first month
revenue has been collected and the TBID fund shows revenue of $111,000. Even with a
conservative estimate, the TBID should generate approximately $500,000 until the end of the
2008-09 fiscal year. The board felt therefore that $350,000 in the remainder of the fiscal year and
$500,000 in the second year presented a secure funding commitment and sufficient investment
for a beneficial campaign. The bidders are asked to cost the three phases individually and the
bulk of the expenses are not expected until March further securing sufficiency in the funding
source.
ATTACHMENTS
1. Ordinance 1517
2. Ordinance 1520
3. TBID Board Minutes
4. Draft Board Minutes
5. Request for Proposal – Specification No. 90895
6. Proposers List
Cl0-a
ORDINANCE NO. 1517 (2008 Series) ATTACHMENT 1
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE SAN LUIS OBISPO CITY TOURISM BUSINESS
IMPROVEMENT DISTRICT(TBID), FIXING THE BOUNDARIES
THEREOF,PROVIDING FOR THE LEVY OF A BUSINESS
ASSESSMENT TO BE PAID BY HOTELS IN SUCH DISTRICT
WHEREAS, on April 15, 2008, the City of San Luis Obispo Council adopted Resolution
No. 9972 (2008 Series) entitled, "Resolution of the City of San Luis Obispo Declaring its
Intention to Establish the San.Luis Obispo Tourism Business Irnprovement District(TBID);to
Establish the Basis for and to Levy the Assessment for the District and to Set Dates for the
Public Hearing on the District and the Proposed Assessment'; and
WHEREAS,as specified in such Resolution,the boundaries of the district encompass the
City of San Luis Obispo, and there are no separate benefit zones within the district; and
WHEREAS, said Resolution was published and copies thereof were duly mailed and posted,
all as provided by state law and specified in the Resolution; and
WHEREAS,pursuant to that Resolution a public meeting concerning the formation of said
district was held before the City Council on May 20, 2008 at 7:00 p.m. in the City Council
Chambers at City hall; and
WHEREAS, also pursuant to Resolution a public hearing concerning the formation of said
district was held before the City Council on June 3,2008 at 7 p.m. in the City Council Chambers
at City Hall; and
WHEREAS, all written and oral protests made or filed were duly heard, and testimony for
and against the proposed action was received and considered; and
WHEREAS,the City Council determined that there was no majority protest within the
meaning of Streets and Highways Code Section 36525.,as written protests were not received
from owners of businesses in the proposed district which.would pay fifty percent (50%) or more
of the assessments proposed to be levied; and
WHEREAS,protests are weighted based on the assessment proposed to be levied on each
hotel. For purposes of the initial formation of the district, the proposed assessment to be levied
was calculated based on the assessment rate multiplied by the most recent available data for the
hotels' rental revenues.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to authority granted under the Parking and Business
Improvement Area Law of 1989, California Streets and Highways Code Sections 36500 et seq.,
01517
0/0-3
Ordinance No. 1517 (2008 ...,ries)
Page 2 rIVIIM��e ftu�AeNT
the City of San Luis Obispo Tourism Business Improvement District(TBID)is hereby
established in the City of San Luis Obispo as herein set forth and all hotels in the district
established by this ordinance shall be subject to any amendments made hereafter to said law or to
other applicable laws.
SECTION 2. The City Council of the City of San Luis Obispo finds that hotels within
the San Luis Obispo Tourism Business Improvement District will be benefited by the
improvements and activities funded by assessments to be levied.
SECTION 3. Chapter 12.42 (Tourism Business Improvement District)is hereby added to
Title 12 (Streets, Sidewalks, and Public Places) of the San Luis Obispo Municipal Code to read
as follows:
12.42.010.TITLE.This chapter shall be known as the"City of San Luis Obispo
Tourism Business Improvement District Law."
12.42.020.DEFINITIONS.
(1)"City Council' shall mean the City of San Luis Obispo City Council.
(2) "City Advisory Body"shall mean the Advisory Body appointed by the City Council,
pursuant to this chapter.
(3) "District"shall mean the City of San Luis Obispo Tourism Business Improvement District
(or"TBID") created by this chapter and as delineated in Section 12.42..040.
(4)"Hotel" shall.mean any structure, or any portion of any structure,which is occupied or
intended or designed for occupancy by transients forr dwelling,lodging or sleeping purposes,and
includes any hotel,motel,bed and breakfast, or vacation home and pays Transient Occupancy
Tax. For purposes of this chapter the definition of"hotel' shall not include RV Parks.
(5) "Law" shall mean the Parking and Business Improvement Area Law of 1989, California
Streets and Highways Code Sections 36500 et seq., as amended.
(6) "Operator" shall mean the person who is the proprietor of the hotel, whether in the capacity
of owner,lessee, sublessee,mortgagee in possession,licensee or any other capacity.Where the
operator performs its functions through a managing agent of any type or character other than an
employee, the managing agent shall also be deemed an operator for the purposes of this chapter
and shall have the same duties and liabilities as his principal. Compliance with the provisions of
this chapter by either the principal of the rrianaging agent shall,however,be considered to be
compliance by both.
(7) "Transient'means any person who exercises occupancy or who is entitled to occupancy,by
reason of concession,permit,right of access,license, or other agreement for a period of thirty
(30) consecutive calendar days or less, counting portions of calendar days as full days.
12.42.030. AUTHORIZED USES.This ordinance is made and enacted pursuant
to the provisions of the Parking and Business Improvement Aiea Law of 1989 (Sections 36500
et. seq., of the California Streets and Highways Code). The purpose of forming the district as a
business improvement area under the Parking and Business Improvement Area Law of 1989 is to
provide revenue to defray the costs of services, activities and programs promoting tourism which
will benefit the operators of hotels in the district through the promotion of scenic,recreational,
cultural and other attractions in the district as a tourist destination. It is the intent of this chapter
Flo -y
Ordinance No. 1517 (2008 .des) ATTACHMENT 1
Page 3
to provide a supplemental source of funding for the promotion of tourism in the district and it is
not intended to supplant any other existing sources of revenues which may be used by the City of
San Luis Obispo for the promotion of tourism. The specific services, activities and programs to
be provided by the district are follows:
A. The general promotion of tourism within the district is to include costs as
specified in the business plan to be adopted annually by the City Council.
B. The marketing of the district to the travel industry in order to benefit local
tourism and the local hotel industry in the district.
12.42.040.BOUNDARIES.The boundaries of the TBID shall be the boundaries
of the City of San Luis Obispo.
12.42.050. LEVY OF ASSESSMENT AND EXEMPTIONS. The TBID shall
include all hotels located within the TBID boundaries. The assessment shall be levied on all
hotels , existing and future,within the City of San Luis Obispo based upon two percent(2%)of
the paid gross rent charged by the operator per night for all transient occupancies. The
assessment shall be collected monthly,based on two percent (2%) of the gross rent charged by
the operator per night in revenues for the previous month. New hotels within the boundaries
shall not be exempt from the levy of assessment authorized by Section 36531 of the law.
Assessments pursuant to the TBID shall not be included in gross room rental revenue for purpose
of determining the amount of the transient occupancy tax. The value of rooms for extended stays
of more than thirty(30)consecutive calendar days shall be exempt from the levy of assessment.
12.42.060.ANNUAL REVIEW OF ASSESSMENT. All of the assessments
imposed pursuant to this chapter shall be reviewed by the City Council annually,based upon the
annual report prepared by the Advisory Body appointed pursuant to this chapter and Sections
36530 and 36533 of the law. After approval of the annual report-the City Council shall follow
the hearing process as outlined in Section 36534 of the law. At the public hearing the City
Council shall hear and consider all protests. If written protests are received from hotel
businesses in the district paying fifty percent(50%)percent or more of the annual assessment,no
further proceedings to continue the levy of assessments shall take place. The protests shall be
weighted based upon the annual assessment for the prior year by each hotel business.
12.42.070. IMPOSITION OF ASSESSMENT. The City Council hereby levies
and imposes and orders the collection of an additional assessment to be imposed upon hotels in
the district described above,which shall be calculated pursuant to Section 12.42.050 above.
Such levy shall begin on August 1, 2008.
12.42.080.USE OF REVENUE. The improvements and,activities to be
provided by the TBID will be funded by the levy of the assessments. The revenue from the levy
of assessments within the TBID shall not be used to provide improvements or activities outside
the TBID or for any purpose other than the purposes specified in the resolution of intention. All
fiords shall be expended consistent with the purposes of this act. Funds remaining at the end of.
any TBID tern may be used in subsequent year in which TBID assessments are levied as long as
they are used consistent with the requirements of this Section. The City Council shall consider
Glo-3
Ordinance No. 1517 (2008`..cries)
- ATTACHMENT 1
Page 4
recommendations made by the City Advisory Body created by Section 12.42.100 of this chapter
as to the use of assessment revenue.
12.42.090. DELINQUENCY, PENALTY, AND INTEREST. Any hotel that
fails to remit any assessment imposed by this ordinance within the time required shall pay a
penalty in accordance with the policies, regulations, and ordinances of the City of San Luis
Obispo. Any and all remedies available to the City of San Luis Obispo for non payment of
assessments or taxes shall be applicable in the event of non payment of an assessment under this
chapter.
12.42.100 ADVISORY BODY. An advisory body comprised of five(5)
members is hereby created to carry out the functions of an advisory board under Section 36530
of the law. Said advisory body shall be referred to as the Tourism Business Improvement
District Board or TBID Board. The members of the TBID Board shall be appointed following
the City's recruitment guidelines for Advisory Bodies. All applicants and members must be
operators of hotels within the district,or employed by the operator of such a hotel. The length of
the term for each individual member of the TBID Board shall follow the guidelines of all City
Advisory Bodies and is limited to eight(8) subsequent years. Members of the TBID Board shall
serve at the pleasure of the City Council and may be removed by the City Council at any time. If
a member no longer represent the lodging establishment for which he or she was selected to the
TBID Board,his or her seat will be vacated and a new member will be appointed. The TBID
Board shall review the implementation of this chapter, the implementation of programs and
activities funded through this chapter, and advise the City Council on the amount of the district's
assessments and on the services,programs, and activities to be funded by the Assessments, and
shall perform such other duties as required by the law,including preparing the Annual Report
required by Section 36533 of the law., The Annual Report shall be submitted to the City Council
no later than 90 days before the new budget year. The City Council shall ensure that the TBID
Board has timely access to all public information regarding collection, disbursement,and uses of
the funds collected under the terms of this ordinance
12.42.110 MODIFICATION OR DISESTABLISHMENT. The City
Council,by ordinance,may modify the provisions of this chapter and may disestablish the
district or parts of the district, after adopting a resolution of intention to such effect. Such
resolution shall describe the proposed change or changes, or indicate that it is proposed to
disestablish the area, and shall state the time and place of'a hearing to be held by the City
Council to consider the proposed action. If the operators of hotels which pay fifty percent(50%)
or more of the assessments in the district file a petition with the Clerk of the City of San Luis
Obispo to adopt a resolution of intention to modify or disestablish the district,the City Council
shall adopt such resolution and act upon it as required by law. Signatures on such petition shall
be.those of a duly authorized representative of the operators of hotels in the district. In the event
the resolution proposes to modify any of the provisions of this chapter, including changes in the
existing assessments or in the existing boundaries of the district, such proceedings shall
terminate if protest is made by the operators of hotels which pay fifty percent(50%)or more of
the assessments in the district,or in the district as it is proposed to be enlarged.
Cly- �
Ordinance No. 1517 (2008 _,ries) ATTACHMENT 1
Page 5
In the event the resolution proposes disestablishment of the district,the City Council shall
disestablish the district;unless at such hearing,protest against disestablishment is made by the
operators of hotels paying fifty percent(50%)or more of the assessments in the district.
SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.
The City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase hereof,irrespective of the fact that any one or more of
the sections, subsections, sentences, clauses or phrases hereof be declared invalid or
unconstitutional.
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against it, shall be published at least five(5) days prior to its final
adoption, in The Tribune, a newspaper published and circulated in the City of San Luis Obispo.
This ordinance shall go into effect at the expiration of thirty(30) days after its final adoption.
INTRODUCED on the 3'd day of June 2008, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 17`h day of June 2008, on the following roll call
vote:
AYES: Council Members Carter, Mulholland and Settle,.Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
T
Mayor David F. Romero
ATTEST:
udrey H er
City Cler
APPROVED AS TO FORM:
konathank.lowell
Ciorney
C to - �
ATTACHMENT!
ORDINANCE NO. 1520 (2008 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING ORDINANCE
NO. 1517 TO DELAY THE START DATE OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT ASSESSMENT TO OCTOBER 1, 2008
WHEREAS, on June 17, 2008 the Council of the, City of San Luis Obispo adopted
Ordinance No. 1517 establishing the Tourism Business Improvement District in the City of San
Luis Obispo; and
WHEREAS, it was brought to the City's attention that some of the . lodging
establishments subject to this assessment did not account for remittance of the assessment
consistent with the August 1, 2008 start date; and
WHEREAS, the newly elected Tourism Business Improvement District Advisory Board
met to discuss the best course of action; and
WHEREAS, the Tourism Business Improvement District Advisory Board recommended
that the start date be delayed to September 1, 2008; and
WHEREAS, after public comment and due deliberation at its September 16, 2008 public
meeting, the City Council decided on an assessment start date of October 1, 2008.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 12.42.070 of the San Luis Obispo Municipal Code is hereby
repealed and replaced with new Section 12.42.070 to read as follows:
12.42.070. IMPOSITION OF ASSESSMENT. The City Council hereby levies and
imposes and orders the collection of an additional assessment to be imposed upon hotels
in the district described above,which shall be calculated pursuant to Section 12.42.050
above. Such levy shall begin on October 1, 2008.
INTRODUCED on the 16`x' day of September 2008, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 7th day of October 2008, on the following
vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and
Mayor Romero
NOES: None
ABSENT: None
01520
�10 -$'
I
ATTACHMENTt
Ordinance No. 1520 (2008 Series)
Page 2
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
7APPRO DA TO F RM:
jAa-than P. Lowell
City Attorney
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Tourism Business Improvement District Board ATTACHMENT 3
Minutes
Wednesday, October 8, 2008
11:00 am
City Hall
Council Hearing Room
990 Palm Street
CALL TO ORDER: Chair John Conner
PRESENT: Conner, Wallace, Mueller
STAFF PRESENT`. Brigitte Elke, Principal Administrative Analyst
PUBLIC COMMENT
There was not public comment.
CONSENT AGENDA
ACTION: Moved by Wallace/Mueller to approve minutes as presented.
Motion carried 3:0
PRESENTATIONS
1. PCC —AN OVERVIEW
John Conner briefly continued the introduction of the and reported on last m th's
meeting and the potential collaboration between the two advisory bodies. Th bard was
informed that the PCC has asked for a joint retreat in January and sup ed that notion.
2. BROWN ACT & ROBERT'S RULE OF CONDUCT
Assistant City Attorney, Christine Dietrick, gave an 'JUL'overvi on the Brown Act and Robert's
Rule of Conduct as they pertain to City Advisory Bode
3. SLO AIRPORT PRESENTATION
Phil D'Acri with the SLO County Airpo5presented the Board with the current efforts to keep
US Airways and United Shuttle in� Luis Obispo. When American Eagle and Delta
terminated service to San Luis ispo this year, the airport saw its business dwindling by
32%. Due to US Airways s ing service with a 86-seat plane, the "damage" was reduced to
10%. However, US Ai ys expects its airplanes to be full in order to keep San Luis Obispo
as an attractive de 'nation to fly into. In an effort to make this happen, the airport is faced
with engagin marketing efforts for the first time.
There are o specific efforts Phil and his team are working on. The first being a coop
mark€ g campaign with US Airways that needs immediate funding. The other one is the
ATTACHMENT 3
potential creation of a shareholder group, similar to the Reno model, that would give the
airport continued monetary support to continue current air service and ho ully attract more
airlines such as Horizon to San Luis Obispo.
The committee asked for a marketing-plan and the documents from US Airways and asked
staff to place thwtemir—fFe agenda for November.
BUSINESS ITEMS
1. MEETING DATE & TIME
Since there is no longer a conflict in schedule, the meeting date and time will remain as set.
2. BUDGET GOAL SETTING
ACTION: Moved by Wallace/Mueller to submit the TBIDZoardggoalss
established in discussion. Motion carried,3:0
Goals
❖ SLO Airport
To support San Luis Obispo Airport i� efforts to keep airline services in town and
assist with its marketing efforts to bring visitors here by plane.
❖ Establish a City shuttle seice to outer areas (LOVR, Madonna, Airport) to facilitate
visits to Downtown San, u.is Obispo.
Continue the s port for the Promotional Coordinating Committee in its efforts to
• promote cul I, recreational, and social events that bring tourists to San Luis Obispo.
❖ Bea ication of City Gateways and the City's downtown core.
Enhance security in downtown so residents and tourists can feel save while enjoying
downtown activities.
3. MARKETING PLAN
After a lively discussion about the vision of the TBID and where to concentrate the initial
efforts, the board established the following priority list:
1. Create website
2. Contract for PR services to include press trips to San Luis Obispo
3. Support of San Luis Obispo Airport
4. Commissionfor a fulfillment piece
5. Establish partnerships with SLO Vintners, Cal Poly, SLO VCB, Downtown Association
and the other cities in San Luis Obispo County.
6. Secure presence at tradeshows
7. Commission a branding campaign
8. Establish collaboration with local event organizers
MACHMEW 3
ACTION: Moved by Wallace/Mueller to utilize the above mentioned activities as a
starting point to establish a TBID marketing plan Motion carried 3:0
The meeting adjourned at 1:15 p.m. to the November 12, 2008 meeting.
a-
ATTACHMENT 3
Tourism Business Improvement District Board
Minutes
Wednesday, November 12, 2008
11:00 am
City Hall
Council Hearing Room
990 Palm Street
CALL TO ORDER: Chair John Conner
PRESENT: Billing, Wallace, Mueller, Koper
STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst
PUBLIC COMMENT
There was not public comment.
CONSENT AGENDA
ACTION: Moved by Wallace/Koper to approve minutes as presented.
Motion carried 4:0
One member of the board arrived after the minutes were approved.
PRESENTATIONS
1. SLO VCB OVERVIEW
Dave Kastner presented the VCB's services for the board's c=etle
5-tion. He continually
stressed the importance of collaboration in the County to co gainst Monterey and
Santa Barbara as outlined in the recent EVC Tourism5tudy. He presented several speck
findings from the study to that effect and introduce ossible collaborations on a website for
the TBID to look at.
2. RFP AND CONTRACT PROC ESS
Staff went over the City's establi
sh d process for RFP release, contract assignments, and
purchasing guidelines. Given a nature of the possible contracts the board will commission,
staff concentrated its outf on contract services. Documents from the City's Finance
Management Manual ' strating process, decision making, and contract amounts were
distributed to the and members.
3. JOHN GENFREI —TJA ADVERTISING
John S enfrei introduced his agency and the services it provides. TJA is currently working
w' ismo Beach, Morro Bay, and Avila Beach on tourism marketing campaigns. He hopes
to offer his agency's services to the board and to compete for upcoming contracts.
0w -13
ATTACHMENT 3
BUSINESS ITEMS
1. UPDATED BYLAWS
ACTION: Moved_by-Koper/Billing to approve the bylaws as presented by City Clerk
adrey Hooper. Motion carried 5:0
2. MARKETING PLAN
The board continued its discussion regarding a TBID specific marketing plan. All members
felt it important to commission a plan through an outside agency. However, the EVC study as
well as the City's Marketing Plan should be taken into consideration by potential consultants.
Staff will send the current contractors' list to all members for additional suggestions for
contract solicitation.
ACTION: Moved by Billing/Koper to solicit agency proposals for a TBID Marketing
Plan for up to $25,000 Motion carried 4:1
3. ANNUAL RETREAT
The board discussed the possibility-of-ajoint Fetreat with the PCC and felt.it would be a
beneficial meeting.-The-b6ard members decided to let the PCC define place, date, and time.
4. SLO COUNTY AIRPORT FUNDING
The SLO County Airport is currently trying to raise $15,68{fifor a marketing campaign with US
Airways. To date, the PCC has allo�d...$3;000 for this effort, the SLO VCB gave $6,000
and the Paso Robles Wine.Alhan'ce has earmarked some funding as well. The board
discussed the-propos-al and felt that.its involvement and support is important and necessary.
ACTION: Moved by Wallace/Koper to allocate up toU 68 o e US Airways
campaign through the SLO County_Airport:"' Motion carried 4:1
Staff will contact Phil D'Acri-to-ton m the amount still needed to pay for the campaign.
The meeting adjourned at 1:25 p.m. to the December 10, 2008 meeting.
Tourism Business Improvement District Board
Minutes ATTACHMENT 4
Draft Wednesday, December 10, 2008
11:00 am
City Hall
Council Hearing Room
990 Palm Street
CALL TO ORDER: Chair John Conner
PRESENT: Billing, Mueller, Koper
STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst
PUBLIC COMMENT
There was not public comment.
CONSENT AGENDA
ACTION: Moved by Billing/Koper to approve minutes as presented.
Motion carried 3:0
One member of the board arrived after the minutes were approved.
PRESENTATIONS
No presentations were scheduled.
BUSINESS ITEMS
1. ADVISORY BODY COUNCIL GOALS — FINAL RECOMMENDATION
ACTION: Moved by Koper/Billing to approve the goals as established in October
2008. Motion carried 3:0
2. RFP FOR MARKETING SERVICES & PUBLIC RELATIONS
Staff presented preliminary RFP documents with terms discussed in the November board
meeting. The board concluded that the RFP should encompass all three phases of marketing
plan development, website development, and execution of the marketing campaign. The
three phases will have to be priced separately in the submitted proposals. The board decided
0/0--/S-
ATTACHMENT 4
to allocate $350,000 for the remainder of 2008-09 for all three components. In the second
year(2009-10) $500,000 will be allocated to the continued execution of the marketing
campaign. In an effort-to move forward as quickly as possible, staff was asked to place the
RFP request on the January 6, 2009 Council agenda. The discussion regarding a PR
contract was postponed to January to establish a concrete work scope for the RFP
document.
ACTION: Moved by Mueller/Billing to recommend to Council to release the RFP
documents as established during the meeting. Motion carried 4:0
3. EVENT PACKAGING
John Conner introduced the idea of event packaging for local events such as Festival Mozaic,
PleinAir Festival, the SLO Annual Film Festival, etc. The board members were open to the
concept, but need some more information about the actual packages and promotion. The
members felt that it would have to be exclusive to SLO hoteliers and that it is cross-promoted
by all involved entities. The board would like to continue this discussion as part of the
upcoming retreat at the end of January 2009.
COMMUNICATION
Robert Mueller wants to make sure that the board makes use of the marketing talent within
the hotel industry. Staff was asked to place the forming of a marketing subcommittee on the
next agenda.
Staff was also asked to investigate the cost for an expansion of the Smith Travel Report to
include Monterey, Santa Barbara and Sonoma County.
The meeting adjourned at 12:28 p.m. to January 14, 2008 meeting.
- ATTACHMENT S
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Notice Requesting Proposals for
MARKETING SER VICES
for the City of San Luis Obispo Lodging Industry
Administration Specification No. 90895
The City of San Luis Obispo is requesting proposals for marketing services for tourism promotion
for the remainder of the 2008-09 and the upcoming 2009-10 fiscal year, pursuant to Specification
No. 90895
All proposals must be received by the Finance and IT Department by 3:00 p.m., Thursday, January
28, 2009 when they will be opened publicly in the City Hall Council Hearing Room, Room 9,
990 Palm Street, San Luis Obispo, CA.
Proposals received after said time will not be considered. To guard against premature opening, each
proposal shall be submitted to the Finance & IT Department, 990 Palm Street, San Luis Obispo, CA
93401, in a sealed envelope plainly marked with the proposal title, specification number, proposer's
name, and time and date of the proposal opening. Proposals shall be submitted using the forms
provided in the specification package.
A pre-proposal conference will be held at City Hall, 990 Palm Street, San Luis Obispo on
Wednesday, January 14, 2009 at 11:00 a.m. to answer any questions that the prospective proposers
may have regarding the City's request for proposal.
Proposal packages may be obtained on the City's website at www.slocity.org under Bids &
Proposals. Additional information may be obtained by contacting Brigitte Elke, Principal
Administrative Analyst, at (805) 781-7151.
ATTACHMENTS
TABLE OF CONTENTS
A. Description of Work 3
B. General Terms and Conditions 6
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 10
Proposal Content
Proposal Evaluation and Selection
Proposal Review and Award Schedule
Contract Term
Contract Invoices
Submittal of References
Statement of Contract Disqualifications
Ownership of Materials
Release of Reports and Information
Copies of Reports and Information
D. Agreement 12
E. Insurance Requirements 14
F. Proposal Submittal Forms 15
References
Statement of Disqualifications
Proposal Submittal Form
2
ATTACHMENT S
DESCRIPTION OF WORK
In October 2008, the San Luis Obispo City Council established a Tourism Business Improvement
District and appointed an advisory board staffed by hoteliers to make recommendations to Council
regarding the use of the assessment funds. The board's primary focus is to promote San Luis Obispo as
a visitor destination to enhance the economic well being of the lodging industry. The primary
purpose of the marketing efforts is to encourage overnight travel to and stays in San Luis Obispo from
other parts of California.
For the purposes of this proposal, the budget for the establishment of a Marketing Plan and its
execution is considered to be $350,000 in 2008-09 and $500,000 in 2009-10. However, the City and
the TBID Board are seeking proposals for a marketing plan and reserve the option to contract for the
actual execution of the plan with a separate entity. The proposal should therefore be structured into
three phases and/or components:
1. Establishment of Marketing Plan
2. Website Development
3. Execution of Marketing Plan
A. Description of Work
1. Establish a comprehensive Marketing Plan, taking into consideration State of California
Tourism efforts, the recently released EVC study on countywide tourism, and the City's
current Marketing Plan(available online at www.slocity.ort-/economicdevelopment).
2. Implement the strategies as outlined in the Marketing Plan by utilizing the full marketing
mix as it pertains'to tourism related marketing. Planning, developing and implementing
promotional tools on the City and TBID's behalf that meet the criteria of reaching the
defined target audience considering traditional and new media opportunities. All
campaigns are subject to TBID Board review and approval prior to implementation.
3. Explore cooperative marketing opportunities with the San Luis Obispo County Visitors and
Conference Bureau, San Luis Obispo Vintners, Chamber of Commerce, Cal Poly, the
Downtown Association, and the Arts Community, etc.
4. Establishing and maintaining an effective working relationship with the TBID Board.
Scheduled meetings will normally be on a monthly basis with the TBID Board and
Contractor should provide input, refine, and adjust marketing objectives and strategies as
recommended by the TBID Board and adopted by Council.
5. Provide budget management. Pay invoices and account for all such activity conducted on
the City and TBID's behalf in monthly billing materials.
6. Investigate the possibility of a new tourism logo or incorporate the existing City's tourism
logo and tag line.
7. Provide account services such as, but not limited to, marketing concept, design and.
production, media buys and placement, account budget and additional services as needed.
Provide status reports on the account budget including standing to date monthly reports.
The agency should indicate whether they intend to collect a flat fee or accept a
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ATTACHMENT S
commission. If 801,aracted with a flat fee, agencies are requiiod to dedicate the commission
amount to the purchase of additional advertising.
8. Provide the TBID Board with timely, written reports, one week prior to the regular monthly
meeting (second Wednesday of each month at 11 am), on the status of all aspects of the
marketing campaign. Personally present a monthly report on past activities and
continuation of plan. The reports should encompass:
Summary of all marketing activities in the reporting period.
Summary of advertising placed during the reporting period.
Summary of direct consumer marketing placed during the reporting period.
- Summary of results and responses to materials during the reporting period.
Examples of materials distributed during the reporting period including proof of
advertising.
- Summary of strategic alliances supported during the reporting period.
Website statistics.
9. Planning and commissioning any research activity that the TBID Board and City Council
may require, including suggestions for and methods of continuing evaluation of the
effectiveness of the commissioned marketing campaign.
10. Coordinating activities of the marketing campaign with the TBID Board and establish an
effective working relationships with its members and assigned staff to achieve coordinated
and efficient use of all available resources thus avoiding duplication of efforts with other
city promotional efforts.
11. Provide advertising "fulfillment" services in response to requests for material arising out of
the TBID's marketing program.
EACH PROPOSAL PACKAGE MUST INCLUDE THE FOLLOWING STATEMENTS AND
INFORMATION TO BE CONSIDERED FOR SELECTION:
1. Statement of the proposed workscope. The workscope should:
• Cover both fiscal years.
• Show cost for each individual component of the RFP
• Outline implementation of proposed marketing strategies.
• State the general approach (philosophy) toward,marketing the City and its lodging industry
as a leisure, corporate, and group travel destination.
• State the general strategies for achieving the above approach.
• Include a budget for a comprehensive marketing campaign and a fee schedule for services
to be provided.
• Identify the agency program manager and key personnel responsible for the campaign, such
as copy and desigw production personnel, and any subcontractors. ATTACHMENT,5-
2. Resume of professional experience and samples of previous work (presentation of portfolio,
including work for existing clients and evidence of strategic thinking and problem solving
ability will be requested of those proposers who are selected for interviews). These materials
will become the property of the City of San Luis Obispo.
3. A list of three professional references, including names and telephone numbers of current clients.
5
ATTACHMENT S
B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
(proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer acknowledges
agreement with and acceptance of all provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to
the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA,
93401_ In order to guard against premature opening, the proposal should be clearly labeled
with the proposal title, specification number, name of proposer, and date and time of f proposal
opening. No FAX submittals will be accepted.
3. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without
prejudice, prior to the time specified for the proposal opening, by submitting a written request
to the Director of Finance for its withdrawal, in which event the proposal will be returned to
the proposer unopened. No proposal received after the time specified or at any place other than
that stated in the "Notice Requesting Proposals" will be considered. All proposals will be
opened and declared publicly. Proposers or their representatives are invited to be present at the
opening of the proposals.
4. Submittal of One Proposal Only. No individual or business entity of any kind shall be
allowed to make or file, or to be interested in more than one proposal, except an alternative
proposal when specifically requested.
5. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not encouraged,
but will be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
6. Proposal Retention and Award. The City reserves the right to retain all proposals for a
period of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete
one part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of the specifications
for proposal evaluation and contract award criteria.
7. Competency and Responsibility of Proposer. The City reserves full discretion to determine
the competence and responsibility, professionally and/or financially, of proposers. Proposers
will provide, in a timely manner, any and all information which the City deems necessary to
6 Clo -aa-
ATTACHMENT,
make such a decision. -'
8. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
9. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverage, and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
10. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business
license & 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.
CONTRACT PERFORMANCE
11. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor; materials, and licenses necessary to carry
out and complete the work hereunder in compliance with any and all federal, state, county, city,
and special district laws,ordinances, and regulations.
12. Laws to be observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo
ordinances,regulations and adopted codes during its performance of the work.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes which the
Contractor is required to pay.
14. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges
and fees,and give all notices necessary.
15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City,
furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other
devices and take such other protective measures as are necessary to prevent accidents or
damage or injury to the public and employees.
17. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is
injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at
the Contractor's expense. The facilities shall be replaced or restored to a condition as good as
when the Contractor began work.
7 Cao-a3
ATTACHMENT S
18. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of this work that only persons authorized to work in the United
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws
shall be employed in the performance of the work hereunder.
19. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that
it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age, race, color, sex, national origin or
ancestry, sexual orientation,or religion of such persons.
20. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes,
fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or
labor due to federal government restrictions arising out of defense or war programs, then the
time of completion may, at the City's sole option, be extended for such periods as may be
agreed upon by the City and the Contractor. In the event that there is insufficient time to grant
such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages which may have accrued for failure to
complete on time, due to any of the above, after hearing evidence as to the reasons for such
delay, and making a finding as to the causes of same.
21. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor(Net 30).
22. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if any,
shall be subject to the City's inspection and approval. The inspection of such work shall not
relieve Contractor of any of its obligations to fulfill its contract requirements.
23. 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.
24. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall
not acquire any interest direct or indirect or otherwise, which would conflict in any manner or
degree with the performance of the work hereunder. The Contractor further covenants that, in
the performance of this work, no subcontractor or person having such an interest shall be
employed, The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that,
in the performance of the work hereunder, the Contractor shall at all times be deemed an
independent contractor and not an agent or employee of the City.
25. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect
and hold the City and its agents, officers and employees harmless from and against any and all
claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
8 0 /6)
ATTACHMENTS
Contractor, and its agcnts, officers or employees, in performins the work or services herein,
and all expenses of investigating and defending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents,
officers or employees.
26. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose
of the contract, or its right, title or interest, or its power to execute such a contract to any
individual or business entity of any kind without the previous written consent of the City..
27. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein,the City may notify the Contractor
in writing of such defect or failure to perform;which notice must give the Contractor a 10(ten)
calendar day notice of time thereafter in which to perform said work or cure the deficiency. If
the Contractor has not performed the work or cured the deficiency within the ten days specified
in the notice, such shall constitute a breach of the contract and the City may terminate the
contract immediately by written notice to the Contractor to said effect. Thereafter, neither
party shall have any further duties, obligations, responsibilities, or rights under the contract
except,however, any and all obligations of the Contractor's surety shall remain in full force and
effect, and shall not be extinguished, reduced, or in any manner waived by the termination
thereof. In said event, the Contractor shall be entitled to the reasonable value of its services
performed from the beginning date in which the breach occurs up to the day it received the
City's Notice of Termination, minus any offset from such payment representing the Citys
damages from such breach. "Reasonable value" includes fees or charges for goods or services
as of the last milestone or task satisfactorily delivered or completed by the Contractor as may
be set forth in the Agreement payment schedule; compensation for any other work, services or
goods performed or provided by the Contractor shall be based solely on the City's assessment
of the value of the work-in-progress in completing the overall 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 the Contractor be entitled to receive in excess
of the compensation quoted in its proposal.
9
10 -aS
D. SPECIAL TERMS AND%:ONDITIONS ATTACHMENTS
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal Submittal Form.
b. References from at least three firms for whom you have provided similar services.
C. Statement of Contract Disqualifications.
General Information
d. Description of your approach to completing the work.
e. Experience of your firm in performing similar services.
f. Warranties or guarantees that you would provide to the City regarding your
performance in completing the work.
g. Resumes of the individuals that would be assigned to this project.
h. Hourly billing rates for staff to be assigned to this project, if appropriate.
i. Proposed compensation and payment schedule.
j. Any other information that would assist us in making this contract award decision.
Proposal Length and Copies
k. Proposals should not exceed 40 pages, including attachments and supplemental
materials.
1. 7 copies of the proposal must be submitted.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee
based on the following criteria:
a. Understanding of the work required by the City and the TBID Board.
b. Quality and nature of proposed programs to be implemented for marketing services.
(Innovative concepts and alternative approaches are desirable.)
C. Proposer's experience in advertising services, which may include services to tourism
agencies.
d. Recent experience in successfully performing similar services.
e. Proposed approach in completing the work.
f. References
g. Background and related experience of the specific individuals to be assigned to this
project.
h. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City and the TBID. After evaluating the
proposals and discussing them further with the finalists or the tentatively selected contractor,
the City reserves the right to further negotiate the proposed work and/or method and amount of
compensation.
10 O O -CZ(o
--\ ATTACHMENT
3. Proposal Review anu'Award Schedule. The following is do outline of the anticipated
schedule for proposal review and contract award:
Issue RFP 1/7
Pre-proposal conference 1/14
Receive proposals 1/28
Complete proposal evaluation 2/2-2/6
Conduct finalist interviews 2/11
Award contract 2/11 -2/18
Execute contract 2/11 -2/18
4. Contract Term. The services identified in these specifications will be used by the City
between February 2008 and June 30, 2010. The prices quoted for these items must be valid for
the entire period indicated above unless otherwise conditioned by the proposer in its proposal.
Upon the mutual agreement of both parties, the contract may be extended for up to an
additional two, two-year terms.
5. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, with
attached copies of work order forms and/or detail invoices. Invoices have to be accompanied
by proof of copy for all print advertising.
6. Submittal of References. Each proposer shall submit a statement of qualifications and
references on the form provided in the RFP package.
7. Statement of Contract Disqualifications. Each proposer shall submit a statement
regarding any past governmental agency bidding or contract disqualifications on the form
provided in the RFP package.
8. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of the Contractor as part of the work or services under these specifications
shall become the permanent property of the City, and shall be delivered to the City upon
demand.
9. Release of Reports and Information. Any reports,information, data, or other material given
to, prepared by or assembled by the Contractor as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Contractor without the prior written approval of the City.
10. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Contractor is required to
furnish in limited quantities as part of the work or services under these specifications, the
Contractor shall provide such additional copies as are requested, and City shall compensate the
Contractor for the costs of duplicating of such copies at the Contractor's direct expense.
11 /0
ATTACHMENTS
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of
by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as City,and
[ ],hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS,on January 7,2009 City requested proposals for Marketing services for the City of San Luis Obispo
lodging industry per Specification No.90895;
WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said
services;
NOW THEREFORE, in consideration of their mutual promises,obligations,and covenants hereinafter contained,
the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as
first written above,until June 30,2010. By mutual agreement of both parties,the term of this Agreement may be extended
twice for an additional two years.
2. INCORPORATION BY REFERENCE. City Specification No.90895 and Contractor's proposal dated
( ],are hereby incorporated in and made a part of this Agreement.
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Contractor shall receive therefore compensation in a total sum not to exceed[$850,000].
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hereinbefore mentioned to be made and performed by City,Contractor agrees with City to provide services as described in
Exhibit A attached hereto and incorporated into this Agreement.
5. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be
in writing and shall be effective only upon approval by the Council of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated
herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,understanding,
or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any
such oral agreement,understanding,or representation be binding upon the parties hereto.
12 bo -J-0
ATTACHMENT 5
7. NOTICE. All w,itten notices to the parties hereto shall be sent by waited 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 [ ]
8. 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:
City Clerk David F.Romero Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
13 c/o -d-7
ATTACHMENT S
INSURANCE REQUImEMENTS: Consultant Services'
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor,
its agents,representatives,employees,or subcontractors..
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1187)covering Automobile Liability,code 1 (any auto).
3. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
I. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City,either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing
payment of losses and related investigations,claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to
contain,the following provisions:
1. The City,its officers,officials,employees,agents and volunteers are to be covered as insured as respects: liability
arising out of activities performed by or on behalf of the Contractor; products and completed operations of the
Contractor;premises owned,occupied or used by the Contractor;or automobiles owned,leased,hired or borrowed
by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the
City,its officers,official,employees,agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insuranceand
shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not
affect coverage provided to the City,its officers,officials,employees,agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the hinits.of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided,cancelled by either parry,.reduced in coverage or in limits except after thirty(30)days'prior written notice
by certified mail,return receipt requested,has been given to the City.
Acceptability of.Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than ANII.
Verification of 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.
14 a/o -30
ATTACHMENT
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present
business name:
Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact
each of the references listed for additional information regarding your firm's qualifications.
Reference No.l
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No.2
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No.3
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
15 CID -3 1
ATTACHMENT S
STATEMENT OF PRUPOSER'S PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,has ever been
disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project
because of the violation of law,a safety regulation,or for any other reason,including but not limited to financial difficulties,
project delays,or disputes regarding work or product quality,and if so to explain the circumstances.
1. Do you have any disqualification as described in the above paragraph to declare?
Yes No
2. If yes,explain the circumstances.
Executed on at
I declare,under penalty of perjury of the laws of the State of California,that the foregoing is true and correct.
Signature of Authorized Proposer Representative
16 X10 - 3�
ATTACHMENT .5
PROPOSAL SUBMW SAL FORM
The undersigned declares that she or he has carefully examined Specification No. 90895, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing
firm; and agrees to perform the specified work for the following cost quoted in full:
Description of Activity 2008-09 2009-11)
TOTAL $ $
❑ Certificate of insurance attached; insurance company's A.M. Best rating:
Firm Name and Address
Contact Phone
S nature of Authorized Representative
Date
17
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