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HomeMy WebLinkAbout01/06/2009, C10 - REQUEST FOR PROPOSAL FOR MARKETING SERVICES FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DI council '716 a j agenda REpoRt [�N clo 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 I hsnWy owft thea ihb doaemnt is a tw end soaasN oednd d oWkanos No.i :[ snd tM the oMdxWW wr pubUshed puruMd to ChiNto Becdon 02. LO c 10-q 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 ��!►►.Vii'�I�'I�,ill'�li���'�(I�i �Illilill'i1iIP,'lli� �I, city Of SNn tU1 S 0131so p 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 3 C/0-/J 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. 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