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HomeMy WebLinkAbout07/21/2009, C8 - 2009-10 COMMUNITY PROMOTIONS CONTRACTS i council M° U C�-1 j acEnaa Repoat It.Nmb.c� C I T Y OF SAN LUIS OBISPO FROM: Shelly Stanwyck,Assistant City Manager Brigitte Elke,Principal Administrative Analyst SUBJECT: 2009-10 COMMUNITY PROMOTIONS CONTRACTS RECOMMENDATION As recommended by the Promotional Coordinating Committee(PCC),take the following actions: (1) Provide funding in the amount of $48,800 in 2009-10 for public relations services and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce(Chamber)for these services. (2) Provide funding in the amount of$91,500 in 2009-10 for visitor and electronic information services and $13,000 for physical improvements to the Visitors Center and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for these services. (3) Provide funding in the amount of $54,500, in 2009-10 for events promotion services including promotional pieces, giveaways, and event booth and authorize the Mayor to execute a one-year agreement with the San Luis Obispo Chamber of Commerce (Chamber) for these services. DISCUSSION Background In June of 1970, the City Council established the seven-member Promotional Coordinating Committee (PCC) as a standing committee. The goals of the PCC are to 1)improve the quality of life available to all residents of and visitors to San Luis Obispo, and 2) promote, in a manner consistent with long-range community goals, the development of San Luis Obispo as a regional trade,recreational and tourist center. In June 2008 Council adopted Ordinance 1517 establishing a tourism business improvement district (TBID) as requested by the local lodging industry. The assessment became effective on October 1, 2008 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. seg., 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. " 05 Council Agenda Report—2009-10 Community Promotion Contracts Page 2 A New Division of Responsibilities In order to better define the roles of the two advisory bodies, both advisory bodies agreed that the promotional approach should be divided into these two categories traditionally addressed in tourism marketing; external and internal marketing. The TBID Board will concentrate its efforts on external marketing and provide the driving force behind bringing tourists to San Luis Obispo. The PCC will focus on internal marketing and concentrate its efforts on beautification, events, entertainment, shopping, and dining. This specific division between the two efforts will provide the mechanism to avoid duplication of efforts and implement the measures that entice tourists to visit San Luis Obispo and provide experiences that encourage return visits. Concentrating its efforts on internal marketing, the PCC recommended in its budget proposal to allocate funding to two CIP projects to complete the design and construction phase of the directional sign program in addition to the construction of map kiosks and donation boxes for the City's Open Space entrances. Additional components of the program will place an emphasis on event promotion, ensuring that City tourism efforts will be presented to capture the interest of event visitors so as to encourage additional visits and prolonged stays. The committee also recommended to grow the current ShopSLO campaign into a countywide program and add the component of DineSLO to further increase countywide traffic to San Luis Obispo for these specific activities. The PCC also felt it imperative to continue the current tourism website www.visitslo.com , the Visitors' Center, as well as other well established PR efforts. However, the PCC felt that improvements in the Visitors' Center are needed in order to keep it an attractive and stimulating place for visitors to find information about San Luis Obispo. Council approved these recommendations with the 2009-11 Financial Plan on June 18, 2009. As defined in the 2009-11 Financial Plan,the PCC will allocate funding to the following efforts: 1. Directional Signage Program 2. Open Space Kiosk and Trail Maps 3. Visitors Center and tourism website www.visitslo.com 4. Event Promotion and Public Relations 5. Enhanced Promotion and Public Relations 6. ShopSLO/DineSLO campaign Evaluation of Agreements and current partnerships By recommendation from the PCC, the City has contracted with the Chamber for many years to offer services for visitors to San Luis Obispo, maintaining a tourism website (www.visitslo.com) and public relation services. Over the years,the committee has worked closely with the contractor to enhance, refine, and improve the services for optimum return of investment to the City. The Chamber has been very responsive, collaborative and has consistently demonstrated success and thorough follow-up on the contracted services. When discussing the new budget and related contracts, the PCC felt it warranted, based on past performance, to continue the collaboration and well established work relationship with the Chamber. However, the PCC asked its Marketing Subcommittee to convene and take a fresh look at the agreements and stipulated workscope. The subcommittee was asked to return with a recommendation as to changes to the contracts. i Council Agenda Report—2009-10 Community Promotion Contracts Page 3 Development of Agreements The PCC's subcommittee consisting of John Conner (Chair), Dusty Davis, and Marco Rizzo convened to critically review the current workscope and terms of the contracts. In collaboration with the Chamber, the subcommittee completely renewed the goal section of the Public Relations contract. The members felt that the emphasis should be on return of investment and the pursuit of larger, national publications over numerous articles in very small and niche publications. Section 4,5 was therefore completely revised. Consistent with the PCC's emphasis on event promotions, the subcommittee and the Chamber drafted a new contract concentrating on building a consistent presence for City tourism at the many local and regional events. Given that the Chamber had already started this type of work with Grants-in-Aid recipients over the past two years, the committee felt that the Chamber would be well positioned to grow this program and make it a prominent feature at the events in the upcoming year(Attachment 1 —Subcommittee Minutes). Summary and Scope of Services 1. Public Relations The Public Relations Agreement is proposed in the amount of$43,500, plus $5,500 for expenses incurred for public relations services such as media kits or "giveaways" to travel writers and subscriptions to Media Kitty and MyMedialnfo PR services (Attachment 2). This compares to $44,800 in 2008-09 which included $1,500 for expenses incurred. The Chamber will provide City staff with a monthly accounting of"billable hours", time spent on the contract and activities undertaken, and will receive a monthly stipend of $3,625. The Chamber will promote the advantages of San Luis Obispo as a destination for tourists, disseminate visitor information, and properly respond to inquiries about activities taking place in the City. The Chamber is qualified to arrange and obtain favorable media coverage about the City in various radio, print, television and electronic news and entertainment outlets and to organize press trips related to special events in the City. The Chamber will produce at least $500,000 worth of media coverage, concentrating on major media outlets with national coverage off- and online (NY Times, Sunset Magazine, LATimes.com etc.). 2. Visitor and Electronic Information Services—Chamber of Commerce The Visitor and Electronic Information Services Agreement is also proposed to be with the Chamber in the amount of $91,500 for 2009-10 which is the same amount as in 2008-09 (Attachment 3). The Chamber will promote the advantages of San Luis Obispo as a destination for tourists, disseminate visitor information and properly respond to inquiries about activities taking place in the City. It will also coordinate efforts with Grants-in-Aid recipients to utilize the center for event promotion. The Chamber is qualified to provide, and its Visitors' Center is equipped to carry out, such activities on behalf of the City in an efficient and economical manner. In this separate agreement for visitor and electronic information services, the Chamber has agreed to provide specific services including: maintaining a public office in a central location for visitor information, providing a high level of customer service to visitors, providing information about the City, maintaining the visitslo.com website and making enhancements to the website as recommended by the PCC. Following the PCC's inquiry to improve the user experience in the Visitors' Center, the Chamber recommended the installation of a 65" LCD screen and the production of a 10-minute high definition video showcasing San Luis Obispo attractions, activities, and locations. These tools will greatly enhance the appearance of the /)Q- Council Agenda Report—2009-10 Community Promotion Contracts Page 4 center, but are also movable installations. This is especially important, since the current location of the center is due for seismic retrofit and the Chamber might have to relocate the Visitors' Center. This would allow for the improvements to be moved to the new location without loss of investment. 3. Events Promotion—Chamber of Commerce The PCC has long felt that the City's promotional efforts did not adequately capitalize from the wealth of events and activities in the City. The Grants-in-Aid program supports a variety of events, but does not promote the. City as a tourist destination at the events themselves. This program will not only enhance the outreach and promotion of the events to attract people to San Luis Obispo, it will also allow the City to have a presence at the events to market the City for prolonged stays and repeat visits. The Chamber has started similar efforts over the past two years with Grants-in-Aid recipients and has secured booth spaces at many of the Cal Poly events such as Open House and Homecoming. Chamber staff has also represented the City at the National Train Day in Los Angeles, an event that attracted over 5,000 visitors. The PCC felt that the Chamber is well positioned to take this program, currently in its infancy, to the next level and create a strong event promotions program. The agreement is proposed at $34,800 plus$19,500 for the production of promotional pieces and giveaways at the events and a City Tourism booth. The Chamber will also create two promotional campaigns (i.e. HikeSLO, BikeSLO etc.) and continue the very successful e- newsletter highlighting upcoming events and attractions in San Luis Obispo. This e-newsletter is currently sent to over 26,000 opt-in recipients. FISCAL IlVIPACT The total amount currently budgeted in the 2009-10 Financial Plan for Community Promotions is $354,800. The PCC recommends that the funds be allocated for Public Relations $49,000, Visitors and Information Services $103,500, and Events Promotion $54,300. Additional funding is provided for directional signage, Open Space Enhancements, ShopSLO/DineSLO, and Enhanced Promotion totaling$148,000. ALTERNATIVES 1. The Council could choose to fund the contracts at different levels or modify the scope of services. The PCC and staff do not recommend adjustments, as the proposed contracts are the result of careful review, discussion, and negotiations between the parties. 2. The Council could direct the PCC and staff to release Request for Proposals for the services outlined. This is not recommended since the Chamber is well positioned to continue the established workscope in a cohesive and economical manner. CO ' 1 Council Agenda Report—2009-10 Community Promotion Contracts Page 5 ATTACHMENTS 1. Marketing Subcommittee Minutes June 18, 2009 2. Agreement to Provide Public Relations Services 3. Agreement to Provide Visitor and Electronic Information Activities 4. Agreement to Provide Event Promotion 5. Draft PCC Minutes—July 8, 2009 Promotional Coordinating Committee ATTACHMENT 1 Marketing Subcommittee Tuesday, June 18, 2009 10:00 a.m. Petit Soleil Monterey Street, SLO CALL TO ORDER: John Conner PRESENT: Subcommittee Members: Marco Rizzo, Dusty Davis Contractors: Katy McGrath, Mary Verdin, Lindsey Miller, Dave Garth STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst 1. PUBLIC COMMENT No public present. 2. PCC CONTRACTS 2009-10 The committee met to discuss the Community Promotion contracts for 2009-10 as approved in the 2009-11 Financial Plan. Four contracts were discussed: 1. Visitors Center and Website 2. Event Promotions & PR 3. ShopSLO / DineSLO The following recommendations will be taken to the PCC for consideration and recommendation to Council: 1. The Visitor Center and website, as well as the event promotions contract will be presented as recommended by the Chamber representatives. Staff is to update the document. Moved Rizzo/Davis 3:0 2. The Chamber representatives will provide goals to measure success of the PR contract. During the discussion it became apparent that the current requirements are meaningless. The committee therefore asked that the Chamber provide new measurements to be held accountable. In order to expedite the process, the presentation will be before the PCC in order to approve the new contract. 3. Verdin Marketing is to submit a recommendation for ShopSLO and DineSLO to the full PCC in July. Meeting adjourned 11:30 a.m. (2F V PCC Marketing Subcommittee Minutes Page 1 ATTACHMENT 2 AGREEMENT TO PROVIDE PUBLIC RELATIONS SERVICES ,., THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of 2009 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and; the SAN LUIS OBISPO CHAMBER OF COMMERCE, INC., a nonprofit corporation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City desires to contract with the Chamber of Commerce to promote its advantages as a destination for tourists through public relations efforts, disseminate visitor information and properly respond to inquiries about activities taking place in the City; and WHEREAS, Contractor is qualified to arrange and obtain favorable media coverage about the City in various radio, print, television and electronic news and entertainment outlets; and WHEREAS, Contractor undertakes public relations services as an integral part of its operations; and on behalf of the City, and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner; WHEREAS, Contractor has an image library of San Luis Obispo and the surrounding area of over 50,000 images that is available for public relation efforts. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1, 2009 until June 30, 2010. 2. INCORPORATION BY REFERENCE. The scope of work, attached as Exhibit A to this agreement is incorporated herein by reference. 3. REPRESENTATION FOR PROGRAM COORDINATION. 3.1 City. The City Manager or his or her designated representative shall be the Project Manager representing the,City for all purposes under this agreement. 3.2 Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for the Contractor at the commencement of the term of this agreement. Lindsey Miller, Marketing Director of Contractor, is designated as the Project Manager. Should circumstances or conditions subsequent to the execution of this document require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written approval by the City Project Manager. RTTRCHMEM2 4. CITY'S OBLIGATIONS. For providing services as specified in Exhibit A to this Agreement, and upon receipt of monthly invoices with attached copies of work order forms, bills, and detailed billable hours (reflecting the time spent, the employee, and the activity undertaken), the City agrees to pay to contractor 12 monthly payments of a retainer in the amount of Three Thousand Six Hundred and Twenty Five Dollars ($3,625) per .month plus up to, and. no more than, Five Thousand and Five Hundred Dollars ($5,500) for Public Relations related online services subscriptions and expenses as billed for a total public relations services allocation not to exceed Forty Nine Thousand Dollars ($49,000) for FY 2009-10 5. CONTRACTOR'S OBLIGATIONS. 5. 1. Scope of Work - Exhibit A. For and in consideration of City's promises and the payment obligations, Contractor shall provide services as described in Exhibit A attached hereto and incorporated by reference into this Agreement. 5.2. Coordination of Efforts with other Contractors. Contractor acknowledges the potential for duplication of efforts and costs as a result of the City s agreements with other contractors under its Community Promotions program. To coordinate efforts, Contractor shall participate in monthly meetings of the Promotional Coordinating Committee' and its Marketing Subcommittee, and shall provide a 60-day action plan at the meeting. In performing its services under this agreement, the Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid duplication of costs associated with the Promotional Services. 5.3 Promotion of City Properties. Contractor agrees during its promotion of City and fulfillment of the terms of this Agreement that it shall promote all City of San, Luis Obispo lodging properties, whether or not they are member of the San Luis Obispo Chamber of Commerce. Contractor specifically acknowledges that this promotional effort could require the production of separate materials to include non-member lodging properties on an information list and a link on the visitslo.com website to a list of non- member properties. 6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general terms and conditions as specified in Exhibit B, attached and incorporated herein by reference. 7. INSURANCE. The Contractor shall procure and maintain for the duration of the contract insurance which meets the requirements of Exhibit C, attached and incorporated herein by reference. As evidence of this insurance, the Contractor shall provide the City with both, a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured". 8. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City l�� d �O :\� RTtRCHMENT 2 Council, or the City Manager for amounts up to the authority granted to the City Manager by the City Council. 9. INDEPENDENT CONTRACTOR. Notwithstanding any representations, oral or written, between the parties, including any and all agents or representatives thereof, Contractor at all times covered by the terms of this Agreement is acting as a free and independent contractor, not as an agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in performing the details of work herein. 10. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Chamber of Commerce 1039 Chorro Street San Luis Obispo, CA 93401 Attn: Dave Garth 12. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By Elaina Cano, City Clerk David F. Romero, Mayor AT ACmENT 2 APPROVED AS TO FORM: CONTRACTOR By: JoAthan owell, City Attorney Dave Garth, President/CEO San Luis Obispo Chamber of Commerce I A EXHIBIT A ATTACHMENT 2 SCOPE OF WORK FOR PUBLIC RELATIONS SERVICES 1. Assist in implementing the City's Tourism Marketing Plan Goals and Objectives. 1.1.Continue to maintain and improve upon strategic alliances including supporting partnership opportunities with the San Luis Obispo Vintners on their two main events, Cal Poly Open House & Alumni relations, the Arts Community on special events, the City's Parks and Recreation Department through special events and marketing opportunities. Coordinate with Grants-in-Aid recipients to increase event and cultural promotion through PR outreach. 2. Use the City of San Luis Obispo's Community Promotion's Brand, San Luis Obispo — Experience the SLO Life! or any newly developed tourism brand in visitor and electronic information materials 3. Focus Public Relations Efforts by 3.1. Utilizing targeted themes, for instance, the Great Outdoors or the Cultural Center, as an umbrella "theme" for promoting the Arts Community, culinary, eco and recreational tourism hiking, biking, sightseeing, shopping and other activities that can easily be undertaken in the City. Identify and refine themes and public relations focus at monthly meetings with the Promotional Coordinating Committee's (PCC) and its Marketing Subcommittee. 3.2. Providing information to travel editors and assignment editors about local events such as: Music & Arts Festivals, Food & Wine events, outdoor activities, etc. Make sure to highlight events according to the Grants in Aid events supported by the City Council. 3.3. Targeting various niche interests including: culinary, eco, recreational, and cultural tourism, developing travel trends, and writers specializing in these and other relevant special interests. 4. Media Relations 4.1. Aggressively develop and maintain relationships with travel writers and editors focusing on major media. Conduct ongoing outreach to key newspapers magazines, guidebooks, television and radio stations, online, and syndicated editors, writers and producers. Concentrate efforts on publications with national reach and relevancy. 4.2. Target the following media markets: the Bay Area including San Jose, the Central Valley, the greater Phoenix Area, the Sacramento Region, Orange County, Los Angeles County, Ventura, as well as new markets as they develop. 4.3. Respond timely to media requests for information about the City. 4.4. Upon request, or in connection with a targeted story pitch (and when an article is likely to result) serve as the primary host to coordinate accommodations, meals, meetings, tours and other personal services for visiting travel writers. ATTACHMENT2 4.5. Attempt to meet the following Media Relations Goals: 4.5.1. Deliver a return of investment (ROI) in achieving a value of $500,000 in media coverage. 4.5.2 In order to define the ROI, Contractor will apply the following matrix based on the advertising value of the publication: - Major media, defined as publications with a national reach, books, and magazines with a national reach will be valued at a factor of ten. - Regional media, defined as publications with statewide reach, top reviewed blogs, highly visited websites, and newspaper related websites, will be valued at a factor of five. - All other media which included niche websites and small print publications will be valued at a factor of two. 5. Specific Public Relations Efforts 5.1. Develop story ideas to elicit coverage about the City and promote fresh story ideas through press releases, destination updates, tourism trends and story pitches. Possible ideas for 2009-10 include: shopping in Downtown San Luis Obispo, hiking and biking in San Luis Obispo, Fall Arts events, San Luis Obispo Vintners and Growers wine events, local bike races, eco and recreational tourism, culinary events and other ideas developed at the meetings of the PCC Marketing Subcommittee. Provide pitches to the media outlets the TBID's advertising contractor advertises in during the time the advertisements are running. 5.2. Write and distribute a minimum of 12 press releases per year and four quarterly What's New in San Luis Obispo targeted to the media. 6. Maintain Information 6.1. Maintain a computer mailing list of travel oriented media outlets (newspapers, magazines, radio, television stations, freelance writers, electronic media sources, etc.) with a core group of contacts. Provide list to City upon request. 6.2. Update listings about the City in various publications, both print and electronic. Seek out new publications for the City to be listed in. 6.3. Coordinate with the Chamber Visitors Center regarding an annual special events calendar. 6.4. Develop and maintain a Press Room on the visitslo.com website. Include in the press room the following: general information about the City, contact information, Frequently Asked Questions, story ideas, what's new, press releases that are downloadable, articles about the City, and image gallery with several high resolution images. 6.5. Report on activity, network opportunities, and placements achieved through the City's contract with Media Kitty and MyMedialnfo. 7. Provide written reports on Public Relations activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration C°814c�-- - ATTACHMENT 2 Department to be included in the PCC's meeting packets. At a minimum the reports shall include: 7.1. Summary of activities & achievements relating to work scope as outlined in Appendix A 7.2. Summary of media contacts during the reporting period. 7.3. Copies of press releases sent out during the reporting period. 7.4. Summary of editorial and/or stories published during the reporting period and copies thereof. Include the publication, total circulation, column inch and total valuation per the publications' advertising rates. 7.5. Summary of value of published articles. 7.6. Summary of materials distributed during the reporting period. 7.7. Summary of strategic alliances supported during the reporting period. 8. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events. Exhibit B MACHO I G GENERAL TERMS AND CONDITIONS V' 1: 1. Business License and Tax. Contractor must have a valid City of San Luis Obispo business license and tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Contractor warrants that it possesses,or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs,then the time 0644 ATTACHMENT 2 of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work,no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same;provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents, officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant" For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. - ATTACHMENT 2 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties,obligations,responsibilities, or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor to public meetings to present and discuss its findings and recommendations. Contractor shall attend as many"working" meetings with staff as necessary in performing workscope tasks. ATTACHMENT 2 Exhibit C INSURANCE USS .`'• 1, a:. Y--�£ Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State'of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers,officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City,its officers, officials, employees,agents and �y C�-� 7 ATTACHMENT 2 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. f. {verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. � D �JO ATTACHMENT 3 AGREEMENT TO PROVIDE VISITOR $ ELECTRONIC INFORMATION SERVICES THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of , 2009, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and; the SAN LUIS OBISPO CHAMBER OF COMMERCE, INC., a nonprofit corporation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City desires to contract with the Chamber of Commerce to promote its advantages as a travel destination for tourists, disseminate visitor information and properly respond to inquiries about activities taking place in the City; and WHEREAS, Contractor is qualified and its visitors center is equipped to cavy out such activities on behalf of the City, and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner, WHEREAS, the City and Contractor had previously entered into an Agreement on August 18, 2005 for visitor center services and website marketing and as recommended by the PCC, the City wishes to continue to contract with the Contractor for these services; NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1, 2009 until June 30, 2010. 2. INCORPORATION BY REFERENCE. The scope of work, attached as Exhibit A to this agreement is incorporated herein by reference. 3. REPRESENTATION FOR PROGRAM COORDINATION. 3.1 City. The City Manager or his or her designated representative shall be the Project Manager representing the City for all purposes under this agreement. 3.2 Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for the Contractor at the commencement of the term of this agreement. Lindsey Miller, Marketing Director of Contractor, is designated as the Project Manager. Should circumstances or conditions subsequent to the execution of this document require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written approval by the City Project Manager. cg-�� ATTACHMENT 3 4. CITY'S OBLIGATIONS. 4.1. Ongoing Services. For providing services as specified in Exhibit A to this Agreement, and upon receipt of Contractor's monthly contractor report, City agrees to pay to Contractor twelve (12) monthly installment payments, in the amount of Seven Thousand Six Hundred and Twenty Five ($7,625), for a total of Ninety One Thousand Five Hundred Dollars ($91,500) for FY 2009-10 4.2. Visitors Center Improvements. In order to update the center's appearance and to enhance the user experience, the Contractor will equip the center with a 65" LCD TV and produce a 10-minute High Definition video featuring tourist attractions and activities in San Luis Obispo. The City agrees to reimburse Contractor for this work upon receipt of actual invoices therefore in an amount not to exceed Thirteen Thousand dollars ($13,000). 5. CONTRACTOR'S OBLIGATIONS. 5. 1. Scope of Work - Exhibit A. For and in consideration of City's promises and the payment obligations, Contractor shall provide services as described in Exhibit A attached hereto and incorporated by reference into this Agreement. 5.2. Coordination of Efforts with other Contractors. Contractor acknowledges the potential for duplication of efforts and costs as a result of the City's agreements with other contractors under its Community Promotions program. To coordinate efforts, Contractor shall participate in monthly meetings of the Promotional Coordinating Committee' and its Marketing Subcommittee, and shall provide a 60-day action plan at the meeting. In performing its services under this agreement, the Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid duplication of costs associated with the Promotional Services. 5.3 Promotion of City Properties. Contractor agrees that during its promotion of City and fulfillment of the terms of this contract that it shall promote all City of San Luis Obispo lodging properties, whether or not they are member of the San Luis Obispo Chamber of Commerce. Contractor specifically acknowledges that this promotional effort could require the production of separate materials to include non- member lodging properties on an information list and a link on the visitslo.com website to a list of non-member properties.. 5.4. Allocation of Funds. Contractor shall allocate a total of Fifteen Thousand Dollars ($15,000) annually from payments made to Contractor by City pursuant to Section 4.1 above for the maintenance and improvement to the visitslo.com website. The nature and extent of any improvements or changes to the site shall be mutually agreeable to both parties and are more particularly described in Exhibit A. 6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general terms and conditions as specified in Exhibit B, attached and incorporated herein by reference. C�-ao RTTAMENT 3 7. INSURANCE. The Contractor shall procure and maintain for the duration of the contract insurance which meets the requirements of Exhibit C, attached and incorporated herein by reference. As evidence of this insurance, the Contractor shall provide the City with both, a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured". 8. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council, or the City Manager for amounts up to the authority granted to the City Manager by the City Council. 9. INDEPENDENT CONTRACTOR. Notwithstanding any representations, oral or written, between the parties, including any and all agents or representatives thereof, Contractor at all times covered by the terms of this agreement is acting as a free and independent contractor, not as an agent of the City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in performing the details of work herein. 10. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Chamber of Commerce 1039 Chorro Street San Luis Obispo, CA 93401 Attn: Dave Garth 12. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTACHMENT 3 ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By Elaina Cano, City Clerk David F. Romero, Mayor APPROVED AS TO FORM: CONTRACTOR By: ��an Lowell, City Attorney Dave Garth, President/CEO San Luis Obispo Chamber of Commerce C g-22- EXHIBIT A ATTACHMENT 3 SCOPE OF WORK FOR VISITOR & ELECTRONIC INFORMATION SERVICES 1. Assist in implementing the City's Tourism Efforts, Goals, and Objectives. 1.1.Continue to maintain and improve upon strategic alliances including supporting partnership opportunities with the San Luis Obispo Vintners, Cal Poly Open House & Alumni relations, the Arts Community on special events, the City's Parks and Recreation Department through special events and marketing opportunities and Grants-in Aid recipients and allow the use of the Visitors' Center as an outlet for events. 2. Use the City of San Luis Obispo's Community Promotion's Brand, San Luis Obispo — Experience the SLO Life! or any newly developed tourism brand in visitor and electronic information materials. 3. Maintain a public office in a central location in Downtown San Luis Obispo for visitor information (the "Visitors Center') that has regular hours that suits the needs of visitors. 3.1. The Visitors Center is presently located at 1039 Chorro Street, very near to the historic Mission San Luis Obispo de Tolosa. The City acknowledges that the present location of the Visitors Center may have to change to another suitable downtown location during the term of this contract because of the anticipated redevelopment and seismic retrofit of the property. The Chamber agrees to provide 30-day written notice to the City of any relocation of the Visitors Center. 4. Provide visitor information that suits the needs of visitors to San Luis Obispo.. 4.1. Provide high level of personal customer service to visitors with an adequate number of trained employees to handle the seasonal flow of visitors to the Visitors Center. 4.2. Respond to high volumes of information requests including telephone calls and emails. 4.3. Serve as a contract for information requests from potential visitors as well as an activity resources and a referral agency to the City's lodging members. 4.4. Maintain electronically an annual events calendar. 4.5. In the Visitors Center dispense City maps, hotel/motel directories, visitors' guides, brochures, pamphlets, and general statistics about the community. 5. Maintain and consistently update the "visitslo.com" website by providing: 5.1. A media room 5.2. A list of"what to do" in San Luis Obispo when traveling with children and pets. 5.3. Information of cultural events and activities in the City of San Luis Obispo. 5.4. Historical information with a particular focus on the Mission. C8-�3 ATTACHMENT 3 5.5. Electronic versions of maps and brochures useful to visitors. 5.6. Produce and post a monthly electronic newsletter on activities in the City. 5.7. Monitor search engine response to key words related to visiting San Luis Obispo. 6. Provide written reports on activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration Department to be included in the Promotional Coordinating Committee' monthly meeting packets. At a minimum the reports shall include: 6.1. Summary of activities & achievements relating to work scope as outlined in Appendix A 6.2. Summary of monthly website information. 6.3. Number of visitors to the center for the month. 6.4. Number of respondents to various promotional activities for the month and aggregated total. 6.5. Summary of monthly telephone and email information requests. 6.6. Type and quantity of any special materials distributed to groups. 6.7. Summary of partnerships with event organizations in the Visitors Center 7. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events.. 8. In order to modernize the Visitors Center and enhance the user experience, the contractor will: 8.1.Equip the Visitors Center with a 65" LCD TV monitor, and 8.2.Produce a 10-minute High Definition video to be shown in the Visitors Center and feature activities and attractions in San Luis Obispo. Cg-�� Exhibit B J' MACHMENT 3 GENERAL TERMS AND CONDITIONS 1. Business License and Tax. Contractor must have a valid City of San Luis Obispo business license and tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ,to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or C ATTACHMENT 3 labor due to federal government restrictions arising out of defense or war programs,then the time of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same;provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 17. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 18. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties,obligations, responsibilities,or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such c$-OZ ATTACHMENT 3 breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 19. Ownership of Materials. All original drawings; plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 21. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall . provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 22. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor to public meetings to present and discuss its findings and recommendations. Contractor shall attend as many"working" meetings with staff as necessary in performing workscope tasks. Cg-a� ATTACHMENT 3 Exhibit C INSURANCE Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or sub- contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. e Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees,agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents C0-a8, �� ATTACHMENT 3 Exhibit C: Insurance and volunteers. Any insurance or self-insurance maintained by the City, its officers,officials,employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail,return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Cg-a9 ATTACHMENT 4 AGREEMENT TO PROVIDE EVENTS PROMOTION SERVICES 1 rot THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of 2009 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and; the SAN LUIS OBISPO CHAMBER OF COMMERCE, INC., a nonprofit corporation, hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City desires to contract with the Chamber of Commerce to promote its advantages as a destination for tourists through events promotion efforts, disseminate visitor information at various events in the City, and promote the City's attractions and event calendar to event visitors. WHEREAS, Contractor has an established relationship with the City's Grants-in- Aid recipients and major cultural, social, and recreational events in San Luis Obispo; and WHEREAS, Contractor provides event related services through the Visitors Center and the visitslo.com website; NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from July 1, 2009 until June 30, 2010. 2. INCORPORATION BY REFERENCE. The scope of work, attached as Exhibit A to this agreement is incorporated herein by reference. 3. REPRESENTATION FOR PROGRAM COORDINATION. 3.1 City. The City Manager or his or her designated representative shall be the Project Manager representing the City for all purposes under this agreement. 3.2 Contractor. Contractor shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for the Contractor at the commencement of the term of this agreement. Lindsey Miller, Marketing Director of Contractor, is designated as the Project Manager. Should circumstances or conditions subsequent to the execution of this document require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written approval by the City Project Manager. 4. CITY'S OBLIGATIONS. For providing services as specked in Exhibit A to this Agreement, and upon receipt of monthly invoices with attached copies of work order forms, bills, and detailed billable hours (reflecting the time spent, the employee, and the CS-.3a ATTACHMENT 4 activity undertaken), the City agrees to pay to contractor 12 monthly payments of a retainer in the amount of Two Thousand Nine Hundred Dollars ($2,900) per monthImus up to, and no more than, Nineteen Thousand Five Hundred Dollars ($19,500) for expenses pertaining to promotional pieces and giveaways as billed for a total events promotion services allocation not to exceed Fifty Four Thousand Three Dollars ($54,300)for FY 2009-2010. 5. CONTRACTOR'S OBLIGATIONS. 5. 1. Scope of Work - Exhibit A. For and in consideration of City s promises and the payment obligations, Contractor shall provide services as described in Exhibit A attached hereto and incorporated by reference into this Agreement. 5.2. Coordination of Efforts with other Contractors. Contractor acknowledges the potential for duplication of efforts and costs as a result of the City's agreements with other contractors under its Community Promotions program. To coordinate efforts, Contractor shall participate in monthly meetings of the Promotional Coordinating Committee' and its Marketing Subcommittee, and shall provide a 60-day action plan at the meeting. In performing its services under this agreement, the Contractor agrees to make every reasonable effort to coordinate activities and to identify and avoid duplication of costs associated with the Promotional Services. 5.3 Promotion of City Properties. Contractor agrees during its promotion of City and fulfillment of the terms of this Agreement that it shall promote all City of San Luis Obispo lodging properties, whether or not they are member of the San Luis Obispo Chamber of Commerce. Contractor specifically acknowledges that this promotional effort could require the production of separate materials to include non-member lodging properties on an information list and a link on the visitslo.com website to a list of non- member properties. 6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all general terms and conditions as specified in Exhibit B, attached and incorporated herein by reference. 7. INSURANCE The Contractor shall procure and maintain for the duration of the contract insurance which meets the requirements of Exhibit C, attached and incorporated herein by reference. As evidence of this insurance, the Contractor shall provide the City with both, a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured". 8. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Council, or the City Manager for amounts up to the authority granted to the City Manager by the City Council. 9. INDEPENDENT CONTRACTOR. Notwithstanding any representations, oral or written, between the parties, including any and all agents or representatives thereof, Contractor at all times covered by the terms of this Agreement is acting as a free and independent contractor, not as an agent of the City. Any and all supervision and C°$-3I CACHME 14 direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor will use its own initiative and discretion in performing the details of work herein. 10. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. -No oral agreement; understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Chamber of Commerce 1039 Chorro Street San Luis Obispo, CA 93401 Attn: Dave Garth 12. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By Elaina Cano, City Clerk David F. Romero, Mayor APPROVED AS TO FORM: CONTRACTOR By: Jo n Lowell, City Attorney Dave Garth, President/CEO San Luis Obispo Chamber of Commerce e6-3a RTTACHMENT 4 EXHIBIT A SCOPE OF WORK FOR EVENTS PROMOTION SERVICES F 7777 1. Create an Events Promotion program that capitalizes from the wealth of local events and increase their visibility and utilize them as an point of departure to attract visitors to San Luis Obispo. The program will provide: 1.1 Collaboration with marketing directors to attract media to the event and offer to host the press trip during the event. 1.2 Create event package to sell to potential visitors. 1.3 Offer PR advice and help with executing PR plans. 1.4 Promotion of the event through the Visitors Center and the visitslo.com website. 2. The Contractor will utilize selected events as determined by the Promotional Coordinating Committee to promote the City of San Luis Obispo as a tourism destination to patrons at the events by having a booth at the event. Contractor will be present to promote S.LO Tourism at events such as National Train Day in Los Angeles, Plein Air Festival, Festival Mozaic, SLO Vintners events, City-to-Sea Marathon, SLO Film Festival, Culinary Carnival, Cal Poly Open House, Cal Poly Homecoming, Pride in the Plaza, SLO Triathlon, SLO Symphony, Arts Obispo, etc. 3. Contractor will produce promotional materials and giveaways to take to the events and hand-out at the booth. 4. Contractor will develop two special promotional campaigns dictated by current tourism interest trends such as HikeSLO, BikeSLO, OutdoorSLO, and/or WineCountrySLO. 5. Produce, design, and send out an a-blast newsletter to the current data base of registered recipients of the San Luis Obispo newsletter. 6. Provide written reports on Event Promotion activities monthly (by noon on the first Wednesday of the month) to the City of San Luis Obispo's Administration Department to be included in the PCC's meeting packets. At a minimum the reports shall include: 6.1. Summary of activities & achievements relating to work scope as outlined in Appendix A 6.2. Summary of collaborations with strategic alliances during the reporting period. 6.3. Summary of events promoted or represented San Luis Obispo at. 6.4. Statistical Summary of people reached during events. 6.5. Summary of outreach efforts on behalf of event organizations. 6.6. Summary on generated media coverage for events. C8-3 3 7. Once a quarter, present the PCC with a detailed oral report highlighting achievements as compared to the work scope and elaborate on upcoming plans and events. C$ 3� ATTACHMENT 4 Exhibit B GENERAL TERMS AND CONDITIONS 1. Business License and Tax. Contractor must have a valid City of San Luis Obispo business license and tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. 2. Ability to Perform. Contractor warrants that it possesses,or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 3. Laws to be Observed. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 4. Payment of Taxes. The contract prices shall include full compensation for all taxes which Contractor is required to pay. 5. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 6. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 7. Public and Employee Safety. Whenever Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 8. Preservation of City Property. Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 9. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 10. Contractor Non-Discrimination. In the performance of this work, Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 11. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time Ce-3s ATTACHMENT 4 of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. 12. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 13. Inspection. Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 14. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 15. Interests of Contractor. Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise,which would conflict in any manner or degree with the performance of the work hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 16. Hold Harmless and Indemnification. Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents, officers or employees. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy, or statement of why this is not relevant to contract performance. 18. Contract Assignment. Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. e&-3� ATTACHMENT 4 19. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities,or rights under the contract. In said event, Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by Contractor shall be based solely on the City's assessment of the value of the work-in- progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall Contractor be entitled to receive in excess of the compensation quoted in its proposal. 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of Contractor as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by Contractor as part of the work or services under these specifications shall be the property of City, and shall not be made available to any individual or organization by Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor to public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. V ATTACHMENT 4 Exhibit C INSURANCE Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, employees,or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers,officials, employees, agents and IV-3$ ATTACHMENT 4 volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days'prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. C$ -39 Promotional Coordinating Committee Aftachment !5Minutes Wednesday,ay, July 8, 2009 5:30 pm City Hall Council Hearing Room 990 Palm Street. CALL TO ORDER: Chair Terry Conner 5:30 pm PRESENT: Norton, Babb, Davis, J. Conner, Rizzo STAFF PRESENT: Brigitte Elke, Principal Administrative Analyst PUBLIC COMMENT Deborah Cash and Diana Cotta from the Downtown Association came to thank the committee for its grants-in-aid recommendation which will allow for the Farmers' Market event for Veterans in November to take place. CONSENT AGENDA ACTION: Moved by J. Conner/Babb to approve the consent agenda as presented. Motion carried 6:0 PRESENTATIONS 1. SLO BOTANICAL GARDEN — LIZ SCOTT-GRAHAM Liz presented the Botanical Garden's grand vision for the future of the Garden. A renaming and rebranding of the Garden is in the works. The Vision is to create a truly unique place encompassing 55 miles of paved paths, educational and recreational sections, as well as children camps and classes. The project requires approximately $11 million for completion and the committee is making the right connections nationwide to fundraise this ambitious amount. 2. QUARTERLY REPORT— CHAMBER OF COMMERCE Lindsey Miller presented the Chamber's quarterly report on PR, Visitors' Center, and website. The Chamber continued work with strategic alliances such as the SLO Airport's Community Marketing group, CP Alumni, SLO Carfree, Amtrak, Downtown Association, and the SLO International Film Festival. Involvement also began with the 2010 Culinary Carnival. PR coverage was achieved in the New York Times which was syndicated in at least five other metropolitan newspapers. The LA Times covered cycling in SLO and this article was also syndicated in six print publications. Both articles appeared in the online editions of the publications. Additional coverage appeared in US News & World Report, the Nest.com, KTLA, Press Democrat, and Santa Ynez Valley Journal. The Chamber ��''�t chment!5 is expecting travel writers from LA Getaways, Desert Sun, Inside Reel, and a ay Area freelance writer. For the upcoming quarter, they will target the "Culture" niche including "Path of History' and "Hearst Castle". Niche media will be Blogs. Lindsey also reported on her attendance of CaITIA and presented the Visitor Services Report for the website and Visitors' Center. BUSINESS ITEMS 1. CONTRACT SERVICES 2009-10 The PCC in its June 10, 2009 meeting asked the Marketing Subcommittee to meet and evaluate the proposed contracts with the Chamber of Commerce for PR, Events Promotion, and Website/Visitors' Center services and Verdin Marketing for ShopSLO & DineSLO. In its meeting on June 18, 2009, the subcommittee had determined to go forward with the Website/Visitors' Center and Events Promotion contracts as submitted. The Visitors' Center should include the physical improvements to the center and the contract will be amended accordingly. The members asked the Chamber representatives to come back to the PCC meeting in July with a better matrix to gauge ROI for the PR contract. They felt that the current language is too broad and does not really concentrate on achieving high level PR coverage for San Luis Obispo. Verdin Marketing had been asked to detail the campaign and present a budget including a media plan at the PCC meeting. After committee discussion of the new presented matrix, the PCC agreed to move forward with it, as it presents an actual ROI measurement. The committee members felt that the tiered approach defining ROI depending on the reach of the media was fair. ACTION: Moved by Rizzo/Davis to recommend to Council to approve the contracts for website and visitors' center, PR, and events promotion with the Chamber of Commerce incorporating the presented matrix for PR ROI as established in the meeting. Motion carried 6:0 Mary Verdin then presented the proposal for the Shop SLO and Dine SLO Campaign. The committee liked the approach and the online features presented, as it presents an opportunity even for businesses that currently do not have an online presence. ACTION: Moved by J. Conner/Babb to recommend to the City Manager to approve the ShopSLO and DineSLO contract for 2009-10 according to presented proposal. Motion carried 6:0 ACTION: Moved by Rizzo/Davis to recommend to Council to approve the contracts for website and visitors' center, PR, and events promotion with the Chamber of Commerce incorporating the presented matrix for PR ROI as established in the meeting. Motion carried 6:0 LiL PCC LIAISON REPORTS Auac h m e nt 5 TBID Board Report John Conner reported that the TBID's ad agency presented logo and web design concepts and that the committee had given directions as to which design to pursue. PCC COMMUNICATIONS Staff gave an update regarding the SLO Visitors & Conference Bureau (VCB). To date, all incorporated cities in the County had pledged financial support for the organization. The committee asked the Marketing Subcommittee members to convene a meeting with VCB staff to evaluate possible collaboration and contract terms. Meeting adjourned at 7:25 pm.