HomeMy WebLinkAbout09/21/1993, 7 - 1993-95 PROMOTIONAL PROGRAM I`Iry�� ll�lllllll�� II MEETING DATE:
cIV1 of san cups oBispo q.2j•93
COUNCIL AGENDA REPORT TEM NUMBER:
FROM: Ken Hampian, Assistant City Administrative Officer
Prepared By: Deb Hossli, Administrative Analyst
SUBJECT: 1993-95 Promotional Program
CAO RECOMMENDATIONS:
1. Approve and authorize the Mayor to execute two year contracts with the Chamber
of Commerce for Visitor Services and Promotional Services in the amounts of
$55,200 and $32,100 each year respectively (with no cost of living increase in 1994-95
as recommended by the PCC);
2. Approve and authorize the Mayor to execute a two year contract with the Visitors
and Conference Bureau for promotional services in the amount of$54,000 each year
(with no cost of living increase in 1994-95 as recommended by the PCC);
3. Approve and authorize the Mayor to execute a one year contract with Barnett, Cox
& Associates for advertising services in the amount of $89,000 with the opportunity
to extend for one additional year with CAO approval; and
4. Authorize the CAO to develop and execute agreements with Barnett, Cox &
Associates and the International Film Festival to carry out the Enhanced
Promotional Program as outlined in this report.
REPORT-IN-BRIEF
The Promotional Coordinating Committee (PCC) has completed its review of each
component of the 1993-95 Promotional Program and has developed recommendations for
the City Council's consideration. In short, the PCC is recommending that the City:
■ Continue to contract with the Chamber of Commerce for visitor center services and
promotional services.
■ Continue to contract with the Visitors and Conference Bureau (VCB) for
promotional services.
■ Continue to contract with Barnett, Cox & Associates (BC&A) for traditional
advertising services. The advertising campaign will continue to focus on increasing
off-season tourism and rely on a combination of cable and print media.
■ The additional $50,000 set aside for an Enhanced Promotional Program should be
used as follows: $16,500 to implement a discount card program to enhance off-
season tourism; $12,500 to develop an enhanced events calendar to promote the City;
$9,500 to direct mail the events calendar to past visitors of San Luis Obispo to
generate repeat visits; and $11,500 as "seed monies" to the San Luis Obispo
.International Film Festival.
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DISCUSSION:
Background
Each year, the City spends nearly a quarter of million dollars on a Promotional Program to
promote the City as an overnight tourist destination. The Promotional Program is overseen
by the PCC and carried out through four advertising and promotional services contracts.
Two of the contracts are held by the Chamber of Commerce; one for visitor center services
and one for promotional services. A third contract is held by the VCB and represents the
City's contribution toward the marketing of the entire central coast as a tourist destination.
The final contract is for advertising services and is currently held by BC&A. Funding for
the Program is derived from the transient occupancy tax (TOT) commonly referred to as
"the bed tax".
Consistent with their charge, the PCC has used the last several months to review each
component of the Promotional Program and develop recommendations for new contract
funding levels for 1993-95. In addition to the four regular contracts, the PCC has developed
a recommended spending plan for the $50,000 that was included in the 1993-95 Financial
Plan by the City Council to fund enhancements to the Promotional Program.
The purpose of this report is to provide the City Council will an overview of the PCC's
recommendations for 1993-95 Promotional Program.
I
Review Process and Recommendations
I. CHAMBER OF COMMERCE AND VCB CONTRACTS
Consistent with past practices, the Chamber of Commerce and VCB were requested
to submit two-year proposals to the PCC. The PCC performed a detailed evaluation
of the proposals and determined that they were reasonable and continued to offer
cost-effective valuable services to the City. As such, the PCC is recommending:
A. Chamber of Commerce
■ Visitors Services Contract
Contract Summary-Under the Visitors Services contract, the Chamber of Commerce
provides a full-service visitors center that is open to the public seven days per week.
The Visitors Center responds to visitor inquiries; dispenses information about San
Luis Obispo; handles telephone calls from the public; responds to written requests
for information about the City; and fulfills responses to requests for visitor
information generated through the City's advertising contract.
I
Chamber of Commerce Proposal - The Chamber of Commerce submitted a two year
contract proposal that provides the City with the same basic level of services we have
received in the past. With respect to contract funding, the Chamber is requesting
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COUNCIL AGENDA REPORT
$55,200 for 1993-94 (which represents the same level of funding as 1992-93) and
$57,400 for 1994-95 (which represents 4% increase over 1993-94 levels to cover cost
of living increases).
PCC Recommendation -The PCC is recommending that the Chamber of Commerce
be funded for two years at their requested level of $55,200 for 1993-94 and $57,400
for 1994-95. It the PCC's opinion that the Visitor's Services contract is an integral
part of the City's Promotional Program and that the Chamber of Commerce is most
qualified to provide this service.
CAO Recommendation-The CAO's recommendation differs slightly from the PCC's
in that the CAO does not support a 4% cost of living increase in the second year of
the Visitor's Services contract (which equates to $2,200). As with most of the City's
ongoing contracts, monies were not included in the 1993-95 Financial Plan to cover
cost of living increases. Given the City's and the State's current and projected
financial position, staff does not feel it is financially prudent to incorporate cost of
living increases into contracts at this time.
■ Promotional Contract
Contract Summary - Under the Promotional contract, the Chamber of Commerce
works to obtain free coverage of San Luis Obispo in newspapers, magazines, radio,
television, and books. This free coverage helps to promote overnight tourism to the
City and is obtained through a carefully orchestrated program of news releases, I
letters and personal contacts with travel writers and editors throughout the State.
Chamber of Commerce Proposal- The Chamber of Commerce submitted a two year
contract proposal that provides the City with the same basic level of services we have
received in the past. With respect to contract funding, the Chamber is requesting
$32,100 for 1993-94 (which represents the same level of funding as 1992-93) and
$33,400 for 1994-95 (which represents 4% increase over 1993-94 levels to cover cost
of living increases).
PCC Recommendation -The PCC is recommending that the Chamber of Commerce
be funded for two years at their requested level of $32,100 for 1993-94 and $33,400
for 1994-95. It the PCC's opinion that the Promotional contract is an integral part
of the City's Promotional Program and that the Chamber of Commerce is most
qualified to provide this service.
CAO Recommendation-The CAO's recommendation differs slightly from the PCC's
in that the CAO does not support a.4% cost of living increase in the second year of
the Promotional contract (which equates to $1,300) for the same reasons as discussed
earlier.
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B. Visitors and Conference Bureau
Contract Summary - Under the VCB's contract, the City's annual contribution
represents our share of the effort to market the central coast as a tourist destination.
The VCB plans and executes a complete marketing plan that focuses on encouraging
tourism during the off-season. The VCB accomplishes this through a variety of
activities including advertising and promotion, participation in travel trade shows,
brochure development and distribution, publicity, market research, group conference
planning services and film production development.
VCB Proposal - The VCB has submitted a two year contract proposal that will
provide the City with the same basic level of service as we have had in the past.
With respect to funding,the VCB is requesting$67,700 for 1993-94 (which represents
3.5% of the TOT collected two years prior and 25% over 1992-93 funding levels) and
$71,700 for 1994-95 (which represents 3.5% of the TOT to be collected two years
prior).
PCC Recommendation - The PCC is recommending that the VCB be funded in a
manner similar to the Chamber of Commerce. Specifically, the PCC is
recommending that the VCB receive $54,000 for 1993-94 (which represents the same
level of funding as 1992-93) and $56,200 for 1993-94 (which represents a 4% increase
over 1993-94 levels to accommodate cost of living increases). While the PCC
continues to feel that the VCB's contract is an integral and valuable part of the City's
Promotional Program, the City's current financial position precludes the group from
recommending the VCB's requested funding levels.
CAO Recommendation-The CAO's recommendation differs slightly from the PCC's
in that the CAO does not support a 4% cost of living increase in the second year of
the VCB contract (which equates to $2,200)for the same reasons as discussed earlier.
II. ADVERTISING CONTRACT
Background
The purpose of the City's advertising contract is to develop an advertising campaign
that encourages overnight travel to the City of San Luis Obispo. Overnight travel has
traditionally been the focal point of the campaign because of its relationship to the
local tax base - it helps to generate revenues for the City though increases in TOT
and sales tax receipts. The City's program has typically relied on a combination of
cable and print media and has been geared to the southern California travel market.
PCC Review Process and Recommendations
I
In May of this year, the City Council approved the Advertising Services Request for
Proposal (RFP). As set out in the RFP, the City has allocated $89,000 for a one year
advertising contract (with the opportunity for a one year extension). The RFP was
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IM COUNCIL AGENDA REPORT
subsequently distributed to nearly 35 of the area's advertising, marketing and public
relations firms. The RFP's were due to the City by the end of June 1993. Three
proposals were received from the following agencies: Barnett, Cox & Associates.
(BC&A), Marc Leunis Advertising, and Tom Jones Advertising.
The PCC interviewed all three firms at a public meeting in July. Each presentation
was professional and responsive to the priorities set out in the RFP. After a
thorough discussion, however, the PCC unanimously ranked BC&A as the superior
firm. The PCC felt that BC&A, which has held the contract for the past year, has
done an excellent job for the City. They have proven themselves as a reliable,
responsive and creative firm. The PCC also felt that BC&A would have a "leg up"
on the other firms given their past experience with the City. It is also important to
note that BC&A submitted the lowest bid for agency services.
BC&A Proposal
Staff, with the assistance of the PCC, has developed a contract with BC&A for the
City Council's consideration. As proposed, the contract is for one year (with the
option to extend for one additional year with CAO approval) and totals $89,000.
Consistent with past practices, the contract is general in nature so that the advertising
contractor and PCC have the flexibility to modify the campaign throughout the year
as needed. The focus and objectives, however, are based on a combination of
historically successful advertising approaches and the findings of the recently
completed Tourism Advertising Survey. Under the proposed contract, BC&A will I
develop an advertising campaign built around the following philosophies:
■ it will focus on increasing tourism during the off-season (November through
April) as well as on lower demand nights. This will beaccomplished through
a combination of paid advertising and special promotions to be developed
throughout the year with guidance from the PCC.
■ it will target the majority of our marketing efforts on the southern California
geographic region (the recently completed Tourism Advertising Survey
confirmed that southern California is our top tourism market).
■ it will place emphasis on the existing customer base to encourage repeat visits
to San Luis Obispo (market research professionals feel this is an extremely
successful approach for increasing tourism).
■ it will emphasize the creation of partnerships with the private sector tourist
oriented businesses (e.g., hotels, motels, restaurants, retail, performing arts
and attractions) to enhance tourism and "stretch" the City's marketing dollar.
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■ it will emphasize the creation of value added marketing tools such as discount
coupons or special offers to encourage tourism (the recently completed
Tourism Advertising Survey confirmed that discount opportunities for
accommodations, restaurants, and attractions positively influence tourist
decisions to visit San Luis Obispo).
The CAO concurs with the PCC's Advertising Program recommendations.
III. ENHANCED PROMOTIONAL PROGRAM
Background
In adopting the 1993-95 Financial Plan, the City Council set aside an additional
$100,000 ($50,000 each year) to fund enhancements to the Promotional Program. It
was City Council's intent that the monies be targeted toward creative approaches to
increasing overnight tourism during the off-season (November through April). The
City Council charged the PCC with developing a spending plan for these monies.
In order to respond to Council direction, the PCC solicited ideas from the City's
major arts groups, marketing and advertising firms, the BIA, the VCB, the Chamber
of Commerce, the Hotel & Motel Association, the Central Coast Restaurant
Association, and others as to how the monies could be best used to increase tourism.
In addition, the PCC placed display advertisements in two editions of the Telegram-
Tribune to solicit ideas from the general public on this topic. The PCC also held a
public meeting on June 24, 1993 where all interested parties could advise the
Committee of their ideas for using the monies.
In addition to general suggestions and comments, the PCC received sixteen formal
proposals for use of a portion or all of the $50,000. The proposals ranged from
creating new attractions (e.g, "Return to a 50's weekend", an International Film
Festival, Octoberfest, Mozart Winter Celebration, Country Christmas, etc.) to
creating a Visitor Coupon Book.
PCC Recommendations
After reviewing the suggestions, comments and formal proposals presented, the PCC
recommends that the $50,000 be used as follows:
► $16,500 should be used to create a "Discount Card Program" to promote
winter and mid-week tourism. The key findings in the recently completed
Tourist Advertising Survey show that over half of the survey respondents
indicated that the availability of discounts and coupons for accommodations,
restaurants, and attractions influenced their decision to visit San Luis Obispo.
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HiiS COUNCIL AGENDA REPORT
Given this information, the PCC felt that a discount card program that
encourages off-season or mid-week visits to San Luis Obispo would be an
excellent opportunity to partner with our local tourist industry thereby
enhancing tourism and "stretching" our promotional budget.
As proposed, a discount card, along with a brochure advertising the types of
discounts available,would be produced. All hotels, motels, restaurants, stores
and attractions would then be invited to participate by providing some type
of discount that would encourage off-season or mid-week tourism (e.g., a
hotel, restaurant, and arts group could get together to offer a three day winter
weekend package or a local hotel could offer discount rates Sunday through
Wednesday). The tourist would then merely present the card to the
participating merchant to obtain the discount. The availability of the cards
would be advertised through the City's regular paid advertising contract and
distributed by the Chamber of Commerce in our tourist information packets.
The PCC is recommending that the City contract with BC&A to carry out this
project.
► $12,500 should be allocated toward creating a high quality quarterly events
calendar. As proposed, the calendar would be updated quarterly, graphically
pleasing, of poster size and suitable for display in all tourist businesses. A
smaller version of the calendar would also be sent out with the tourist
information packets distributed by the Chamber of Commerce. Based on
input from our local hospitality industry, the PCC feels that the events
calendar would be very well received and an excellent tool to promote our
City.
The PCC is recommending that the City contract with BC&A to carry out this
project.
► $9,800 should be allocated toward a direct mailing of the events calendar
(twice annually) to past visitors of the City. Again, in keeping with the key
findings from the Tourist Advertising Survey, repeat customers are important
to San Luis Obispo. Marketing research shows that it is easier to attract a
visitor already familiar and charmed with San Luis Obispo than it is to initiate
a new tourist to the area. Direct mailing of the events calendar can serve to
trigger a repeat visit by providing timely information on events and
attractions.
The PCC is recommending that the City contract with BC&A to carry out this
project. I
► $11,500 should be allocated as "seed monies" to the International Film
Festival. The PCC felt of that the Film Festival's proposal was the most
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successful Santa Barbara Film Festival, the San Luis Obispo Film Festival will
be an annual cultural event showcasing the history and art of film-making.
The first festival is slated for three days in November (the 4th through the
7th). The City's monies will be used to offset advertising, promotion and
facility rental.
An article from the Santa Barbara News Press (See Attachment 6).
demonstrates the success of their Festival (which has now grown into a ten
day event in March) and positive impact it had on local restaurants and
hotels.
The CAO concurs with the PCC's Enhanced Promotional Program recommendations.
FISCAL IMPACT:
Adequate monies are available 1993-95 Financial Plan to fund the Promotional Program as
recommended by the CAO. Should the City Council choose to fund the Promotional
Program at the PCC's recommended level, a $5,700 shortfall will be created as the
Committee has recommended that cost of living increases be provided to the Chamber of
Commerce and VCB in the second year of their contracts. Again, the CAO does not
support these increases. Given the City's current and projected financial position, staff does
not feel it is financially prudent to provide cost of living increases. In addition, cost of living
increases have not been incorporated into other contracts the City has entered into during
this Financial Plan (e.g., the homeless shelter, ECOSLO, Grants-In-Aid for PCC and HRC,
etc).
ATTACHMENTS:
1 - Contracts with Chamber of Commerce (1A & 1B)
2 - Contract with VCB
3 - Contract with BC&A
4 - Copy of Advertising Services RFP
5 - International Film Festival Proposal
6 - Article from Santa Barbara News Press on Film Festival
7 - PCC Minutes
City Council Office Reading File
1 - Chamber of Commerce Proposal
2 - VCB Proposal
3 - Advertising RFP responses (3A, 3B, & 3C)
4 - Enhanced Promotional Program Proposals
5 - Tourism Advertising Survey I
6 - Santa Barbara Events Calendar Example
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PROFESSIONAL SERVICES AGREEMENT
WITH THE CHAMBER OF COMMERCE TO PROVIDE VISITORS SERVICES
AND TOURIST INFORMATION ACTIVITIES
This agreement is made this day of , 1993, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and the
CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA (hereinafter
referred to as "Contractor").
WITNESSETH:
WHEREAS, City desires to contract with the Chamber of Commerce to promote its
advantages as a tourist and recreational center, disseminate visitor information, and properly
respond to inquiries about activities taking place in the City; and
WHEREAS, Contractor is organized for and equipped to carry on such informational
activities on behalf of City, and is in a position to accomplish such aims and purposes of City
in an efficient and economical manner.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROGRAM COORDINATION:
A. CITY. The City Administrative Officer or his designated representative shall be
the Project Manager representing the City for all purposes under this agreement.
He shall supervise the progress and execution of this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for
Contractor. Dave Garth is hereby designated as the Project Manager for
Contractor. 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 City Project
Manager.
2. DUTIES OF CONTRACTOR:
A. In addition to this Visitors Services Agreement, City contracts with the San Luis
Obispo Chamber of Commerce (Contractor) for promotional services and the
Visitors and Conference Bureau (VCB). The City also contracts with an
independent agency to provide advertising services. The Contractor
acknowledges the potential for duplication of efforts and costs as a result of these
contracts with the City. 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,
the Visitors Center, and Advertising Services agreements.
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ATTACHMENT 1A
Page 2
Chamber of Commerce Agreement
B. Services to be furnished. Contractor shall provide the following services:
1. Contractor will maintain a public office within the City of San Luis
Obispo at a location acceptable to the City. Contractor will maintain a
fully competent staff in this office, including a manager and other
necessary personnel. The manager's qualifications will include training
and experience in public relations and public information. The Contractor
office will provide information to visitors and business and professional
people. The office will be staffed and open to the public daily during
regular office hours seven (7) days per week, excepting legal holidays.
2. Contractor will maintain telephone services open to the public desiring
information; .provide written responses to inquiries; and distribute
appropriate printed material. The information program will include
distribution of such material to local agencies and businesses for
dissemination to their customers and tourists. The Contractor shall
distribute appropriate material to other chambers, tourist agencies, and
travel organizations in other communities. Except for material which is
furnished to the Contractor by the City, the Contractor shall be permitted
to charge reasonable fees for material which it distributes.
3. Contractor will distribute maps and promotional literature about San Luis
Obispo and will conduct an information program including maintaining
files on the community's economic data, recreational facilities and events,
general business conditions, historic points of interest, and cultural
activities. This program will be directed toward visitors and others who
have interest in the community.
4. Contractor will also maintain a library of literature, business and
telephone directories for public use.
5. Contractor will cooperate with the City's advertising services program by
responding to inquiries, tabulating and reporting responses and
coordinating activities and services. Contractor agrees to fulfill 11,100
advertising responses per year (10,500 mail and 600 800-number or an
equivalent combination).
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Chamber of Commerce Agreement
6. In all activities, Contractor shall be a public relations agency
disseminating information and creating goodwill and advancing the
development of San Luis Obispo and its trading area.
7. Contractor will carry on such other duties as may be mutually agreed
upon by the parties hereto to promote tourism, conferences, conventions,
and related business and cultural activities in the community.
D. 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.
E. All services provided by the Contractor listed within this agreement are in
addition and beyond those of any and all other contracts currently held between
the City and the Contractor.
F. Laws to be observed. Contractor shall:
1. Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Contractor under this
agreement;
2. Keep itself informed of all existing and proposed federal, state and local
laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this agreement, and materials used in
Contractor's performance under this agreement, or the conduct of the
services under this agreement;
3. At all times observe and comply with and cause all of its employees to
observe and comply with all of said laws, ordinances, decrees, and orders
mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders and decrees mentioned above in relation to plans,
drawings, specifications, or provision of this agreement.
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Chamber of Commerce Agreement
G. Copies of reports and information. If City requests additional copies of reports;
drawings, specifications, or any other material in addition to what the Contractor
is required to furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as are requested, and
City shall compensate Contractor for the costs of duplicating of such copies at
Contractor's direct expense.
H. Qualifications of Contractor. Contractor represents that it is qualified to furnish
the services described under this agreement.
I. Use of Recycled Paper and Recycled Products. The Contractor agrees to use
recycled paper and recycled products in connection with furnishing the services
contained in this agreement whenever feasible.
3. DUTIES OF THE CITY:
City agrees to cooperate with Contractor and to perform work described hereto and
incorporated by this reference.
4. COMPENSATION:
The Contractor will perform the work as described and as directed by the City's Project
Manager.
A. City will pay contractor the sum of$55,200 in 1993-94 and $55,200 in 1994-95
for visitor services and tourist information activities as described herein.
B. Payment shall be made in a total of four installments on the following dates:
September 30, 1993 - $27,600; January 30, 1994 - $27,600; July 30, 1994 -
$27,600; and January 30, 1995 - $27,600.
5. TIME FOR COMPLETION OF THE WORK:
Program is for a two year period commencing on September 22, 1993 and ending on
June 30, 1995.
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Chamber of Commerce Agreement
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend this agreement wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the
failure on the part of the.contractor to perform any provision of this agreement.
Contractor will be paid the compensation due and payable to the date of temporary
suspension.
7. SUSPENSION; TERMINATION
A. Right to suspend or terminate. The City retains the right to terminate this
agreement for any reason by notifying Contractor in writing sixty (60) days prior
to termination and by paying the compensation due and payable to the date of
termination; if this agreement is terminated for fault of Contractor, City shall be
obligated to compensate Contractor only for that portion of Contractor services
which are of benefit to City. Said compensation is to be arrived at by mutual
agreement of the City and Contractor and should they fail to agree, then an
independent arbitrator is to be appointed by mutual agreement and his decision
shall be binding upon the parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for City o ascertain that
the services of Contractor are being performed in accordance with the requirements and
intentions of this agreement. All work done and all materials furnished, if any, shall be
subject to the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Contractor of any of its obligations to fulfill its agreement as
prescribed.
9. NOTICE:
All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified
Mail, addressed as follows:
To Contractor: Chamber of Commerce
1039 Chorro Street
San Luis Obispo, CA 93401
To City: City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
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Chamber of Commerce Agreement
10. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any interest
direct or indirect financial or otherwise, which would conflict in any manner or degree
with the performance of the services hereunder. Contractor further covenants that, in
the performance of this agreement, no subcontractor or person having such an interest
shall be employed. Contractor certifies that no one who has or will have any financial
interest under this agreement is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the services hereunder, Contractor shall at
all times be deemed an independent contractor and not an agent or employee of the City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and
employees:
A. Any and all claims and demands which may be made against City, its officers,
agents or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Contractor under this
agreement or of Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City, its officers, agents,
or employees, occupied or used by or in the care, custody, or control of
Contractor, or in proximity to the site of Contractor's work, caused by any
negligent act or omission of Contractor under this agreement or of Contractor;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Contractor under this agreement,
however caused, excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its officers, agents, or
employees;
D. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Contractor.
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Chamber of Commerce Agreement
Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions,
or other legal proceedings that may be brought against or for employees on any such
claim or demand of such third persons, or to enforce any such penalty, and pay and
satisfy any judgement or decree that may be rendered against City, its officers, agents,
or employees in any such suit, action or other legal proceeding, when same were due to
negligence of the Contractor.
12. WORKERS COMPENSATION:
Contractor certifies that it is aware of the provisions of the Labor Code of the State of
California, which require every employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions before commencing the
performance of the work of this agreement.
13. INSURANCE:
Contractor shall provide proof of insurance in accordance with Insurance Requirements
for Consultants as described in Exhibit "A" attached hereto and incorporated herein by
reference as though here fully set forth.
14. AGREEMENT BINDING:
The terms, covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns, and subcontractors of both
parties.
15. WAIVERS:
The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or of any provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, covenant, or condition
of this agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY FEES:
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from the
other party.
7
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Chamber of Commerce Agreement
17. DISCRIMINATION:
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, sexual orientation, or sex
of such person.
If Contractor is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from the amount payable to
Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day
during which such person was discriminated against, as damages for said breach of
contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of contract under this
paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this agreement
or the applicable affirmative action guidelines pertaining to this agreement, Contractor
shall be found in material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each
calendar.day during which Contractor is found to have been in such noncompliance as
damages for said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representatives, or agreements either
written or oral. This document may be amended only by written instrument, signed by
both City and Contractor. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State of California.
Page 9
Chamber of Commerce Agreement
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and
year first above written.
CHAMBER OF COMMERCE
BY
Dave Garth, Executive Director
CITY OF SAN LUIS OBISPO
Peg Pinard, Mayor
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
eft forgensen, dity Attorney
g:chamber.agr
7-� 7
INSURAviCE REQUIREMENTS FOR CONIL.ACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employers or subcontractors.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office fora number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials,employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials,employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned
]eased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall bot affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the City with a7 certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. 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.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein. 7—A0
14
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT WITH THE
CHAMBER OF COMMERCE TO PROVIDE PROMOTIONAL SERVICES
This agreement is made this day of 1993, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and the
CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA (hereinafter
referred to as "Contractor").
WITNESSETH:
WHEREAS, City desires to promote its advantages as a tourist and recreational center;
and
WHEREAS, arranging and-obtaining favorable coverage about the City in the various
news media is an integral part of its promotion as a tourist and recreational center; and
WHEREAS, the Chamber staff is qualified and the office is equipped to carry out such
activities on behalf of the City.
NOW,THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROGRAM COORDINATION:
A. CITY. The City Administrative Officer or his designated representative shall be
the Project Manager representing the City for all purposes under this agreement.
He shall supervise the progress and execution of this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for
Contractor. Dave Garth is hereby designated as the Project Manager for
Contractor. 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 City Project
Manager.
2. DUTIES OF CONTRACTOR:
A. In addition to this Promotional Services Agreement, City contracts with the San
Luis Obispo Chamber of Commerce (Contractor) for visitor services and the
Visitors and Conference Bureau (VCB). The City also contracts with an
independent agency to provide advertising services. The Contractor
acknowledges the potential for duplication of efforts and costs as a result of these
contracts with the City. 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,
ATTACHMENT 1B
7—/Q
Page 2
Chamber of Commerce Agreement
the Visitors Center, and Advertising Services agreements.
B. Services to be furnished. Contractor shall provide all specified services as set
forth and incorporated herein by this reference.
C. Chamber will maintain an office suitable for the conduct of a promotional
program. This office shall be open during normal business hours to facilitate
contact with the news media representatives and to disseminate news releases and
promotional information in a professional manner to various media.
D. Chamber staff shall include personnel qualified in public relations. Public
information shall be available as necessary for the successful implementation of
a promotional program.
E. Chamber shall conduct a promotional and publicity program on behalf of City as
outlined below or as may be modified from time to time by mutual agreement
between the City and the Chamber.
F. The program to be conducted by the Chamber shall include, but not be limited
to the following:
1. The writing, production and distribution of news releases, feature stories,
photographs and illustrations, radio and television news materials,
informational fliers, graphics, and such personal contacts with the media
as may be necessary for the general promotion of the City of San Luis
Obispo as a tourist destination.
2. Maintaining a file of clippings, news releases, artwork, and other
promotional material produced by the Chamber on behalf of the City
pursuant to this contract which shall be available to the City or its
designated agents for use in promotional programs at the sole discretion
of the City.
3. Representation at meetings of the PCC, and at the direction of the
Chairman of the PCC, the meetings of other City commissions and the
City Council.
4. Maintenance of a liaison with groups and individuals in the community
who express an interest in producing information and/or programs which
support the promotional activities of the City of San Luis Obispo.
5. The Chamber shall submit a monthly written report of promotional
services rendered including copies of press releases, feature stories,
photographs, and illustrations, radio and television news materials, fliers,
7 zQ
Page 3
Chamber of Commerce Agreement
graphics, and other materials prepared on behalf of the City at each
regular meeting of the PCC. Said monthly report shad include an
itemized statement regarding Chamber staff hours devoted to the City's
promotional program during the preceding month.
D. All services provided by the Contractor listed within this agreement are in
addition and beyond those of any and all other contracts currently held between
the City and the Contractor.
E. Laws to be observed. Contractor shall:
1. Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Contractor under this
agreement;
2. Keep itself informed of all existing and proposed federal, state and local
laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this agreement, and materials used in
Contractor's performance under this agreement, or the conduct of the
services under this agreement;
3. At all times observe and comply with and cause all of its employees to
observe and comply with all of said laws, ordinances, decrees, and orders
mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders and decrees mentioned above in relation to plans,
drawings, specifications, or provision of this agreement.
F. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Contractor
is required to furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as are requested, and
City shall compensate Contractor for the costs of duplicating of such copies at
Contractor's direct expense.
G. Qualifications of Contractor. Contractor'represents that it is qualified to furnish
the services described under this agreement.
H. Use of Recycled Paper and Recycled Products. The Contractor agrees to use
recycled paper and recycled products in connection with furnishing the services
contained int his agreement whenever feasible.
7- 2/
Page 4
Chamber of Commerce Agreement
3. DUTIES OF THE CITY:
City agrees to cooperate with Contractor and to perform work described hereto and
incorporated by this reference.
4. COMPENSATION:
City shall pay to contractor the following sums for furnishing said services:
A. City will pay contractor the sum of$32,100 during 1993-94 and $32,100 during
1994-95 for promotional services as described herein.
B. Payment shall be made in a total of four installments on the following dates:
September 30, 1993 - $16,050; January 30, 1994 - $16,050; July 30, 1994 -
$16,050; and January 30, 1995 - $16,050.
5. TIME FOR COMPLETION OF THE WORK:
Program is for a two year period commencing on September 22, 1993 and ending on
June 30, 1995.
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend this agreement wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the
failure on the part of the contractor to perform any provision of this agreement.
Contractor will be paid the compensation due and payable to the date of temporary
suspension.
7. SUSPENSION; TERMINATION
A. Right to suspend or terminate. The City retains the right to terminate this
agreement for any reason by notifying Contractor in writing sixty (60) days prior
to termination and by paying the compensation due and payable to the date of
termination; if this agreement is terminated for fault of Contractor, City shall be
obligated to compensate Contractor only for that portion of Contractor services
which are of benefit to City. Said compensation is to be arrived at by mutual
agreement of the City and Contractor and should they fail to agree, then an
independent arbitrator is to be appointed by mutual agreement and his decision
shall be binding upon the parties.
7-z z
Page 5
Chamber of Commerce Agreement
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for City o ascertain that
the services of Contractor are being performed in accordance with the requirements and
intentions of this agreement. All work done and all materials furnished, if any, shall be
subject to the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Contractor of any of its obligations to fulfill its agreement as
prescribed.
9. NOTICE:
All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified
Mail, addressed as follows:
To Contractor: Chamber of Commerce
1039 Chorro Street
San Luis Obispo, CA 93401
To City: City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
10. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any interest
direct or indirect financial or otherwise, which would conflict in any manner or degree
with the performance of the services hereunder. Contractor further covenants that, in
the performance of this agreement, no subcontractor or person having such an interest
shall be employed. Contractor certifies that no one who has or will have any financial
interest under this agreement is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the services hereunder, Contractor shall at
all times be deemed an independent contractor and not an agent or employee of the City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and
employees:
A. Any and all claims and demands which may be made against City, its officers,
agents or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Contractor under this
agreement or of Contractor's employees or agents;
7- Z3
Page 6
Chamber of Commerce Agreement
B. Any and all damage to or destruction of the property of City, its officers, agents,
or employees, occupied or used by or in the care, custody, or control of
Contractor, or in proximity to the site of Contractor's work, caused by any
negligent act or omission of Contractor under this agreement or of Contractor;
C. Any and all claims and.demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Contractor under this agreement,
however caused, excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its officers, agents, or
employees;
D. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend any and all suits,
actions, or other legal proceedings that may be brought against or for employees
on any such claim or demand of such third persons, or to enforce any such
penalty, and pay and satisfy any judgement or decree that may be rendered
against City, its officers, agents, or employees in any such suit, action or other
legal proceeding, when same were due to negligence of the Contractor.
12. WORKERS COMPENSATION:
Contractor certifies that it is aware of the provisions of the Labor Code of the State of
California, which require every employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions before commencing the
performance of the work of this agreement.
13. INSURANCE:
Contractor shall provide proof of insurance in accordance with Insurance Requirements
for Consultants as described in Exhibit "A" attached hereto and incorporated herein by
reference as though here fully set forth.
7. 2 V
J
Page 7
Chamber of Commerce Agreement
14. AGREEMENT BINDING:
The terms, covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns, and subcontractors of both
parties.
15. WAIVERS:
The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or.of any provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, covenant, or condition
of this agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY FEES:
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from the
other party.
17. DISCRIMINATION:
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, sexual orientation, or sex
of such person.
If Contractor is found in violation of the nondiscrimination provisions of the State of
California Fair- Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from the amount payable to
Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day
during which such person was discriminated against, as damages for said breach of
contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the California[Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of contract under this
paragraph.
7-.Z.�
Page 8
Chamber of Commerce Agreement
If Contractor is found in violation of the nondiscrimination provisions of this agreement
or the applicable affirmative action guidelines pertaining to this agreement, Contractor
shall be found in material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each
calendar day during which Contractor is found to have been in such noncompliance as
damages for said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representatives, or agreements either
written or oral. This document may be amended only by written instrument, signed by
both City and Contractor. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and
year first above written.
CHAMBER OF COMMERCE OF SAN LUIS OBISPO
BY
Dave Garth, Executive Director
CITY OF SAN LUIS OBISPO
Peg Pinard, Mayor
ATTEST:
Diane Gladwell, City Clerk
Page 9
Chamber of Commerce Agreement
APPROVED AS TO FORM:
Cr ) ( Jil.r 1. !J" �•lfil�%l.✓� .
feff'Jorgensen, City Attorney
g:chamber2.agr
7. 17
INSUR ,,:E REQUIREMENTS FOR CON'. .ACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scooe of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CO. 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. 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 occutrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials,employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided,cancelled by either 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Contractor shall furnish the City with a7 certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. -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.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
14728'
EXHIBI_T A
PROFESSIONAL SERVICES AGREEMENT
WITH THE SAN LUIS OBISPO COUNTY VISITORS AND
CONFERENCE BUREAU FOR PROMOTIONAL AND ADVERTISING SERVICES
This agreement is made this day of , 1993, by and between the
CITY OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and, the County
of San Luis Obispo Visitors and Conference Bureau (hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, City desires to support a coordinated marketing program for San Luis
Obispo as a visitors and conferencing locale; and
WHEREAS, City desires to engage Contractor to provide these services by reason of its
qualifications and experience for performing such services, and Contractor has offered to provide
the requested services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROGRAM COORDINATION:
A. CITY. The City Administrative Officer or his designated representative shall be
the Project Manager representing the City for all purposes under this agreement.
He shall supervise the progress and execution of this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for
Contractor. Jonni Eylar is hereby designated as the Project Manager for
Contractor. 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 City Project
Manager.
2. DUTIES OF CONTRACTOR:
A. In addition to this Visitors and Conference Bureau (VCB) Agreement, City
contracts with the San Luis Obispo Chamber of Commerce for visitors and
promotional services. The City separately contracts with an independent agency
to provide advertising services. The VCB acknowledges the potential for
duplication of efforts and costs as a result of these contracts with the City. In
performing its services under this agreement, the VCB agrees to make every
reasonable effort to coordinate activities and to identify and avoid duplication of
costs associated with the Promotional Services, the Visitors Center, and
Advertising Sources Agreements.
ATTACHMENT 2
2Q
Page 2
VCB Agreement
B. Services to be furnished. Contractor shall provide all specified services as set
forth and incorporated herein by this reference.
C. VCB will maintain an office suitable for the conduct of a visitors and conference
bureau. This office shall be open during normal office hours to facilitate contact
with conference representatives.
D. VCB staff shall include personnel qualified in visitors and conference bureau
administration.
E. VCB shall conduct a visitors and conference bureau on behalf of City as outlined
here below or as may be modified from time to time by mutual agreement
between the City and the VCB.
F. The program conducted by the VCB shall include, but not be limited to the
following:
1. Development of direct sales efforts to attract group business and
conferences. Major markets would include Los Angeles, San Francisco,
Sacramento, Bakersfield, and Fresno.
2. Attendance and representation of San Luis Obispo County at major travel
and sales shows during the contract time period.
3. Coordination of scheduling for potential conferences with individual
properties in San Luis Obispo County.
4. Development of new, coordinated countywide sales materials and
brochures to be used in the marketing program.
5. Creation and implementation of a coordinated and planned marketing
campaign, stressing the benefits of the San Luis Obispo area as a
destination for visitors.
7-3a
Page 3
VCB Agreement
6. Submittal of a quarterly report on the progress of the VCB to the City's
Project Manager, and the Promotional Coordinating Committee (PCC).
G. All services provided by the Contractor listed within this agreement are in
addition and beyond those of any and all other contracts currently held between
the City and the Contractor.
H. Laws to be observed. Contractor shall:
1. Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Contractor under this
agreement;
2. Keep itself informed of all existing and proposed federal, state and local
laws, ordinances, regulations, orders, and decrees which may affect those
engaged or employed under this agreement, and materials used in
Contractor's performance under this agreement, or the conduct of the
services under this agreement;
3. At all times observe and comply with and cause all of its employees to
observe and comply with all of said laws, ordinances, decrees, and orders
mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders and decrees mentioned above in relation to plans,
drawings, specifications, or provision of this agreement.
I. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Contractor
is required to furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional copies as are requested, and
City shall compensate Contractor for the costs of duplicating of such copies at
Contractor's direct expense.
J. Qualifications of Contractor. Contractor represents that it is qualified to furnish
the services described under this agreement.
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VCB Agreement
K. Use of Recycled Paper and Recycled Products. The Contractor agrees to use
recycled paper and recycled products in connection with furnishing the services
contained int his agreement whenever feasible.
3. DUTIES OF THE CITY:
City agrees to cooperate with Contractor and to perform work described hereto and
incorporated by this reference.
4. COMPENSATION:
The Contractor will perform the work as described and as directed by the City's Project
Manager.
A. City will pay contractor the sum of Fifty-Four Thousand Dollars ($54,000) for
1993-94; and Fifty-Four Thousand Dollars ($54,000) for 1994-95 for promotional
services as described herein.
B. Payment shall be made in a total of four installments on the following dates:
September 30, 1993 - $27,000; January 30, 1994 - $27,000; July 30, 1994 -
$27,000; and January 30, 1995 - $27,000.
5. TIME FOR COMPLETION OF THE WORK:
Program is for a two year period commencing on September 22, 1993 and ending on
June 30, 1995. Contractor shall perform services in a timely manner upon direction and
guidance from City Project Manager and PCC.
6. TEMPORARY SUSPENSION:
The City Project Manager shall have the authority to suspend this agreement wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the
failure on the part of the contractor to perform any provision of this agreement.
Contractor will be paid the compensation due and payable to the date of temporary
suspension.
7. SUSPENSION; TERMINATION
A. Right to susQend or terminate. The City retains the right to terminate this
agreement for any reason by notifying Contractor in writing sixty (60) days prior
to termination and by paying the compensation due and payable to the date of
7- 3z
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VCB Agreement
termination; if this agreement is terminated for fault of Contractor,,City shall be
obligated to compensate Contractor only for that portion of Contractor services
which are of benefit to City. Said compensation is to be arrived at by mutual
agreement of the City and Contractor and should they fail to agree, then an
independent arbitrator is to be appointed by mutual agreement and his decision
shall be binding upon the parties.
8. INSPECTION
Contractor shall furnish City with every reasonable opportunity for City to ascertain that
the services of Contractor are being performed in accordance with therequirements and
intentions of this agreement. All work done and all materials furnished, if any, shall be
subject to the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Contractor of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS:
Due to several cities' involvement with the Visitors and Conference Bureau, all
materials, photos, drawings, and other original materials shall remain the property of the
Bureau. The City shall have free, reasonable and timely access to use of these materials.
10. INDEPENDENT JUDGEMENT:
Failure of the City to agree with Contractor's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of
differences in matters of judgement shall not be construed as a failure on the part of the
Contractor to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES:
This agreement is for the performance of professional marketing services of the
Contractor and is not assignable by the Contractor without prior consent of the City in
writing. The Contractor may employ other specialists to perform special services as
required with prior approval by the City.
12. NOTICE:
All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified
Mail, addressed as follows:
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Page 6
VCB Agreement
To Contractor: San Luis Obispo County Visitors and Conference Bureau
1041 Chorro Street, Suite E
San Luis Obispo, CA 93401
To City: City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
13. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any interest
direct or indirect financial or otherwise, which would conflict in any manner or degree
with the performance of the services hereunder. Contractor further covenants that, in
the performance of this agreement, no subcontractor or person having such an interest
shall be employed. Contractor certifies that no one who has or will have any financial
interest under this agreement is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the services hereunder, Contractor shall at
all times be deemed an independent contractor and not an agent or employee of the City.
14. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and
employees:
A. Any and all claims and demands which may be made against City, its officers,
agents or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Contractor under this
agreement or of Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City, its officers, agents,
or employees, occupied or used by or in the care, custody, or control of
Contractor, or 'in proximity to the site of Contractor's work, caused by any
negligent act or omission of Contractor under this agreement or of Contractor;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Contractor under this agreement,
however caused, excepting, however, any such claims and demands which are the
result of the negligence or willful misconduct of City, its officers, agents, or
employees;
7-3t�
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VCB Agreement
D. Any and all claims and demands which may be made against City, ,its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Contractor.
Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions,
or other legal proceedings that may be brought against or for employees on any such
claim or demand of such third persons, or to enforce any such penalty, and pay and
satisfy any judgement or decree that may be rendered against City, its officers, agents,
or employees in any such suit, action or other legal proceeding, when same were due to
negligence of the Contractor.
15. WORKERS COMPENSATION:
Contractor certifies that it is aware of the provisions of the Labor Code of the State of
California, which require every employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with the provisions of that
code, and it certifies that it will comply with such provisions before commencing the
performance of the work of this agreement.
16. INSURANCE:
Contractor shall provide proof of insurance in accordance with Insurance Requirements
for Consultants as described in Exhibit "A" attached hereto and incorporated herein by
reference as though here fully set forth.
17. AGREEMENT BINDING:
The terms, covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns, and subcontractors of both
parties.
18. WAIVERS:
The waiver by either party of any breach or violation of any term, covenant, or condition
7-aur
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VCB Agreement
of this agreement or of any provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not be deemed to be a waiver of
any preceding breach or violation by the other party of any term, covenant, or condition
of this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY FEES:
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from the
other party.
20. DISCRIMINATION:
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, sexual orientation, or sex
of such person.
If Contractor is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from the amount payable to
Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day
during which such person was discriminated against, as damages for said breach of
contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of contract under this
paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this agreement
or the applicable affirmative action guidelines pertaining to this agreement, Contractor
shall be found in material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each
calendar day during which Contractor is found to have been in such noncompliance as
damages for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
�-3;6
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Page 9 .
VCB Agreement
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representatives, or agreements either
written or oral. This document may be amended only by written instrument, signed by
both City and Contractor. All provisions of this agreement are expressly made
conditions. This agreement shall be governed by the laws of the State of California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and
year first above written.
COUNTY OF SAN LUIS OBISPO VISITORS AND CONFERENCE BUREAU
BY
Jonni Eylar, Executive Director
CITY OF SAN LUIS OBISPO
Peg Pinard, Mayor
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
Jeff Jorgen en, City Attorney g:vcb.agr
INSURA,•.;E REQUIREMENTS FOR CON',__�CTORS
Contractor shall procure and maintain for the,duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scooe of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either. the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials,employees and volunteers;or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City,its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall'not affect coverage provided to the.City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
Verification of Coverage
Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. 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.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
14 7-1.-214017
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT WITH
BARNETT, COX & ASSOCIATES TO PROVIDE ADVERTISING SERVICES
This agreement, made this _ day of , 1993 by and between the CITY
OF SAN LUIS OBISPO, California (hereinafter referred to as "City"), and BARNETT COX
& ASSOCIATES (hereinafter referred to as "Contractor").
WITNESSETH:
Whereas, City desires to retain the services of a professional advertising firm to carry
out the City's advertising campaign as recommended by the Promotional Coordinating
Committee (PCC); and
Whereas, City desires to engage Contractor to provide these services by reason of its
qualifications and experience for performing such services, and Contractor has offered to provide
the requested services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. PROGRAM COORDINATION
A. Com. The City Administrative Officer, or his designated representative, shall be
the Project Manager representing the City for all purposes under this agreement.
He shall supervise the progress and execution of this agreement.
B. Contractor. Contractor shall assign a single Project Manager to have overall
responsibility for the progress and execution of this agreement for Contractor.
Maggie Cox is hereby designated as the Project Manager for Contractor. Should
circumstances or conditions subsequent to the execution of this agreement require
a substitute Project Manager for any reason, the Project Manager designee shall
be subject to the prior written acceptance and approval by City Project Manager.
2. DUTIES OF CONTRACTOR
A. Services to be furnished. Under general direction of the City Program Manager,
Contractor shall develop and implement an advertising campaign for the City that
reflects the general parameters as outlined in "Exhibit A", attached hereto and
incorporated herein by this reference, or as amended by the City Council.
B. Laws to be observed by Contractor. Contractor shall:
1. Procure all permits and licenses, pay all charges and fees, and give all
notices which may be necessary and incidental to the due and lawful
prosecution of the services to be performed by Contractor under this
agreement.
ATTACHMENT 3
Page 2
Advertising Services Agreement
2. Keep itself fully informed of all existing and proposed federal, state and
local laws, ordinances, regulations, orders, and decrees which may affect
those engaged or employed under this agreement, any materials used in
Contractor's performance under this agreement, or the conduct of the
services under this agreement.
3. At all times observe and comply with, and cause all of its employees to
observe and comply with all of said laws, ordinances, regulations, orders,
and decrees mentioned above.
4. Immediately report to the City's Project Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
C. Release of reports and information. Any reports, information, data or other
material given to, or prepared or assembled by, Contractor under this agreement
shall be the property of City and shall not be made available to any individual or
organization by Contractor, except the Chamber of Commerce and the Visitors
and Conference Bureau, without the prior written approval of the City's Program
Manager.
D. Copies of reports and information. If City requests additional copies of reports,
drawings, specifications, or any other materials in addition to what the Contractor
is required to furnish in limited quantities as part of the services under this
agreement, Contractor shall provide such additional.copies as are requested, and
City shall compensate Contractor for the costs of duplicating of such copies at
Contractor's direct expense.
E. Oualifications of Contractor. Contractor represents that it is qualified to furnish
the services described under this agreement.
F. In addition to the Advertising Services Agreement, the City may contract with the
Chamber of Commerce and the San Luis Obispo County Visitors and Conference
Bureau (VCB) for visitors and promotional services. The Contractor
acknowledges the potential for duplication of efforts and costs as a result of these
contracts with the City. In performing its services under this agreement, the
Contractor agrees to make every reasonable effort to coordinate activities and to
identify and avoid potential duplication of costs associated with the VCB and
Chamber of Commerce agreements.
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Advertising Services Agreement
3. DUTIES OF CITY
City agrees to cooperate with Contractor in its performance of that work described in
Exhibit "A", attached hereto and incorporated by this reference, or amended work plans
approved by the City Council. The City Program Manager shall work closely with the
PCC and will incorporate its comments, guidance and desires into the administration and
execution of this contract to the degree that such is reasonable and feasible.
4. COMPENSATION
Contractor will bill City and be compensated in accordance with Exhibit "A", attached
hereto and incorporated by this reference, as currently exists or may be amended.
5. TIME FOR COMPLETION OF THE WORK
Program is for a one year period commencing September 22, 1993 and ending June 30,
1994. With approval of the City Administrative Officer, this contract may be extended
for additional year, commencing July 1, 1994 and ending June 30, 1995. Contractor
shall perform services in a timely manner with direction and guidance from City Program
Manager and PCC. Contractor acknowledges timing is at the sole discretion of City.
6. TEMPORARY SUSPENSION
The City Project Manager shall have the authority to suspend this agreement wholly or
in part, for such period as he deems necessary due to unfavorable conditions or to the
failure on the part of the contractor to perform any provision of this agreement.
Contractor will be paid the compensation due and payable to the date of temporary
suspension.
7. SUSPENSION; TERMINATION
A. Right to suspend or terminate. The City and Contractor retain the right to
terminate this agreement for any reason by notifying the other party in writing
sixty (60) days prior to termination. The City agrees to pay the compensation
due and payable to the date of termination; if this agreement is terminated for
fault of Contractor, City shall be obligated to compensate Contractor only for that
portion of Contractor.services which are of benefit to City. Said compensation
is to be arrived at by mutual agreement of the City and Contractor and should
they fail to agree, then an independent arbitrator is to be appointed by mutual
agreement and his decision shall be binding upon the parties.
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Advertising Services Agreement
B. Return of materials. Upon such termination, Contractor shall turn,over to the
City immediately any and all copies of studies, sketches, drawings, computations,
and other data, whether or not completed, prepared by Contractor, and for which
Contractor has received reasonable compensation, or materials given to
Contractor in connection with this agreement. Such materials shall become
permanent property of the City. Contractor, however, shall not be liable for
City's use of incomplete materials or for City's use of complete documents if
used for other than the project contemplated by this agreement.
8. 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 agreement. All work done and all materials furnished, if any, shall be
subject to.the City's Project Manager's inspection and approval. The inspection of such
work shall not relieve Contractor of any of its obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS
All original drawings, plans, documents and other materials prepared by, or in possession
of, Contractor pursuant to this agreement shall become the permanent property of the
City, and shall be delivered to the City upon demand. Photographic rights shall be
established for original negatives or transparencies.
10. INDEPENDENT JUDGEMENT
Failure of the City to agree with Contractor's independent findings, conclusions, or
recommendations, if the same are called for under this agreement, on the basis of
differences in matters of judgement shall not be construed as a failure on the part of the
Contractor to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES
This agreement is for the performance of professional advertising and marketing services
of the Contractor and is not assignable by the Contractor without prior consent of the
City in writing. The Contractor may employ other specialists to perform special services
as required with prior approval by the City.
12. NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, by First
Class Mail, addressed as follows:
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Advertising Services Agreement
To Contractor: Barnett Cox & Associates
992 Monterey Street, Suite B
San Luis Obispo, CA 93401
To City: City of San Luis Obispo
P. O. Box 8100
San Luis Obispo, CA 93403-8100
Attention: Deb Hossli, Administrative Analyst
10. INTEREST OF CONTRACTOR
Contractor covenants that it presently has no interest, and shall not acquire any interest
direct or indirect financial or otherwise, which would conflict in any manner or degree
with the performance of the services hereunder. Contractor further covenants that, in
the performance of this agreement, no subcontractor or person having such an interest
shall be employed. Contractor certifies that no one who has or will have any financial
interest under this agreement is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the services hereunder, Contractor shall at
all times be deemed an independent contractor and not an agent or employee of the City.
11. INDEMNITY
Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and
employees:
A. Any and all claims and demands which may be made against City, its officers,
agents or employees by reason of any injury to or death of any person or
corporation caused by any negligent act or omission of Contractor under this
agreement or of Contractor's employees or agents;
B. Any and all damage to or destruction of the property of City, its officers, agents,
or employees, occupied or used by or in the care, custody, or control of
Contractor, or in proximity to the site of Contractor's work, caused by any
negligent act or omission of'Contractor under this agreement or of Contractor's
employees or agents;
C. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any injury to or death of or damage suffered
or sustained by any employee or agent of Contractor under this
Page 6
Advertising Services Agreement
agreement, however caused, excepting, however, any such claims and demands
which are the result of the negligence or willful misconduct of City, its officers,
agents, or employees;
D. Any and all claims and demands which may be made against City, its officers,
agents, or employees by reason of any infringement or alleged infringement of
any patent rights or claims caused by the use of any apparatus, appliance, or
materials furnished by Contractor under this agreement; and
E. Any and all penalties imposed or damages sought on account of the violation of
any law or regulation or of any term or condition of any permit, when said
violation of any law or regulation or of any term or condition of any permit is
due to negligence on the part of the Contractor.
12. WORKERS COMPENSATION
Contractor certifies that it is aware of the provisions of the Labor Code of the State of
California, which require every employer to be insured against liability for workers
compensation or to undertake self-insurance in accordance with the provisions-of that
code, and it certifies that it will comply with such provisions before commencing the
performance of the work of this agreement.
13. INSURANCE
Contractor shall provide proof of insurance in accordance with Insurance Requirements
for Consultants as described in Exhibit "B" attached hereto and incorporated herein by
reference as though here fully set forth.
14. AGREEMENT BINDING
The terms, covenants, and conditions of this agreement shall apply to, and shall bind,
the heirs, successors, executors, administrators, assigns, and subcontractors of both
parties.
15. WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition
of this agreement or of any provision, ordinance, or law shall not be deemed to be a
waiver of any subsequent breach of violation of the same or of any other term, covenant,
condition, ordinance, or law. The subsequent acceptance by either party of any fee or
other money which may become due hereunder shall not
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Advertising Services Agreement
be deemed to be a waiver of any preceding breach or violation by the other party of any
term, covenant, or condition of this agreement or of any applicable law or ordinance.
16. COSTS AND ATTORNEY FEES
The prevailing party in any action between the parties to this agreement brought to
enforce the terms of this agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection with such an action from the
other party.
17. DISCRM NATION
No discrimination shall be made in the employment of persons under this agreement
because of the race, color, national origin, ancestry, religion, sexual orientation, or sex
of such person.
If Contractor is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or
executive order in the performance of this agreement, it shall thereby be found in
material breach of this agreement. Thereupon, City shall have the power to cancel or
suspend this agreement, in whole or in part, or to deduct from the amount payable to
Contractor the sum of Twenty-Five Dollars ($25) for each person for each calendar day
during which such person was discriminated against, as damages for said breach of
contract, or both. Only a finding of the State of California Fair Employment Practices
Commission or the California Fair Employment Practices Commission or the equivalent
federal agency or officer shall constitute evidence of a violation of contract under this
paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this agreement
or the applicable affirmative action guidelines pertaining to this agreement, Contractor
shall be found in material breach of the agreement. Thereupon, City shall have the
power to cancel or suspend this agreement, in whole or in part, or to deduct from the
amount payable to Contractor the sum of Two hundred Fifty Dollars ($250) for each
calendar day during which Contractor is found to have been in such noncompliance as
damages for said breach of contract, or both.
18. AGREEMENT CONTAINS ALL UNDERSTANDWGS
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representatives, or agreements either
written or oral. This document may be amended only by written instrument, signed by
both City and Contractor. All provisions of this agreement are expressly made
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Advertising Services Agreement
conditions. This agreement shall be governed by the laws of the State of,California.
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and
year first above written.
BARNETT COX & ASSOCIATES
BY
President
CITY OF SAN LUIS OBISPO
BY
Peg Pinard, Mayor
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
L Jeff Jorgensen, City Attorney "
\dh\barnett.agr
7— e16
OBJECTIVES & GENERAL PHILOSPHY Or CITY TOURISM
ADVERTISING CAMPAIGN
BC&A recognizes the necessity for SLO's advertising campaign to be one that is
strategically sound, collaborative with local tourist businesses' efforts, reflective of
research findings about tourists to SLO, and consistent with the community's commitment
to enN ironmental sensitivity. To that end, BC&A's proposal for the City of San Luis
Obispo's advertising campaign embraces the following objectives and general philosophies:
Increased tourist activity in SLO, including overnight stays in city hotels and
motels; and patronage of city restaurants, retail stores and visitor attractions.
Additionally, the advertising campaign will encourage weekend or overnight
visitors to extend their stays for several days in SLO.
Alarrowed target advertising to geographic areas with best tourist
responsiveness. Research has shown the Southern California market to be the
single most effective area for SLO to advertise for tourists. BC&A recommends
the 1993-94 campaign reflect this finding by placing the bulk of its paid advertising
in Southern California.
Focus on existing customer base. SLO already attracts thousands of visitors, be
they vacationers, business people, or educational groups. Having already seen
and enjoyed San Luis Obispo, these groups can be converted into eager tourists
with some direct mail and other marketing efforts. Market research professionals
suggest businesses should place 75% of marketing efforts on existing customers.
BC&A believes this same principle can be applied to the City's
advertising/marketing programs.
Creation of partnership opportunities for tourist related businesses (hotels,
motels, restaurants, retail, performing arts & attractions) to participate in the
advertising efforts and partner with the city in promoting increased tourism.
Creation of"value-added" marketing tools for use in boosting tourism. The
development of discount coupons and other special offers in association with local
businesses and performing arts groups will help stimulate visitors to choose SLO,
and particularly to choose SLO in the off season and on lower demand nights.
Showcasing of San Luis Obispo's conzinitment to a protected environment
BC&A will position SLO as a pristine, charming community in which visitors will
feel welcome, secure and comfortable. The campaign will promote the
community's devotion to environmental protection, including a commitment to
clean air, reduced auto usage, water conservation and unspoiled hillsides.
�— Sf7
EXHIBIT A
BUDGET
Cable TV Advertising
production, placement, all attendant details $ 62,300
Print Advertising
production, placement, all attendant details $ 12,500
1-800 Number $ 3,500
Agency Administrative Fees $ 10,200
account management, meetings, reports,
billing, media contact, 1-800 coordination, etc.
TOTAL $ 899000
�— elf
1
INSURr iCE REQUIREMENTS FOR CON'►.<ACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope of insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either. the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess
of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shallnot affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy.required by this clause shall be endorsed to state that coverage shall not be
suspended, voided,cancelled by either 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Coverage
Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements
effecting general liability and automobile liability coverage are also required by this clause. 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.
Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein. (j
7-
EXHIBIT
EXHIBIT B 14
REQUEST FOR PROPOSALS FOR ADV€RTISING SERVICES
FOR THE CITY OF SAN LUIS OBISPO
The City of San Luis Obispo has traditionally conducted an advertising campaign to promote
San Luis Obispo as a visitor destination to enhance the economic well-being of City
residents and businesses. The primary purpose of the campaign is to encourage overnight
travel to San Luis Obispo from other parts of California. The promotional efforts are
coordinated by the Promotional Coordinating Committee (PCC), a seven-member advisory
body to the City Council. In addition to the advertising campaign, the City currently
contracts with the San Luis Obispo Chamber of Commerce for visitor services and
additional non-advertising promotional and public relations services. The City also
contributes to the San Luis Obispo County Visitors and Conference Bureau. Coordination
with these programs will be essential for a successful campaign.
The City has found that the public interest and welfare will be served by the solicitation for
advertising services to conduct a comprehensive campaign that includes direct advertising
to targeted California markets, as well as alternative advertising methods, and which
provides a means to clearly evaluate the effectiveness of the campaign.
It is the intention of the City of San Luis Obispo on the 25th day of June 1993 by 3:00 p.m.,
in the City Clerk's Office, 990 Palm Street, San Luis Obispo, CA, to receive proposals for
the specific advertising services described in the following paragraphs. Mailed proposals
should be posted to the City of San Luis.Obispo, P. O. Box 8100, San Luis Obispo, CA
93403-8100, and be received in the City Clerk's Office by the date and hour noted above.
All proposals should be clearly marked "ADVERTISING SERVICES PROPOSAL" in the
lower left comer of the mailing or delivery envelope. Late proposals or oral proposals will
not be considered.
The City reserves the right to reject any and all proposals. Selection of any proposer for
such advertising services shall be the exclusive judgement of the City Council. If the City
accepts a proposal, a professional services contract will be awarded to the proposer selected
by the City. The term of the advertising contract is one year (July 1993 through June 1994),
with the option for the PCC to renew for a second year (July 1994 through June 1995).
For purposes of this proposal, the budget for direct advertising and marketing services is
considered to be Eighty-Nine Thousand Dollars ($89,000) per year. The exact amount will
be determined by City Council budget adoption in June 1993.
THE CONTRACTOR WILL BE RESPONSIBLE FOR THE FOLLOWING:
1. Planning,preparing and implementing an advertising campaign, on the City's behalf,
subject to PCC recommendation and City Council approval.
2. Providing account services such as, but not limited to, ad concept, design and
production, media buys and placement, and additional services as needed. Also,.
ATTACHMENT 4
Page 2
Advertising RFP
checking, paying invoices, and accounting for all such activity conducted on the City's
behalf in any media. Agencies should indicate whether they intend to collect a flat
fee or accept a commission. If collecting a fee, agencies are required to dedicate the
commission amount to the purchase of additional advertising.
3. Designing and conducting a program to monitor effectiveness of the advertising
campaign, including but not limited to advertising responses.
4. Establishing and maintaining an effective working relationship with the PCC. Liaison
between the PCC and Contractor will be with the PCC Advertising Subcommittee.
Scheduled meetings will be on an "as needed" basis with PCC Advertising
Subcommittee and Contractor to refine and adjust campaign objectives as
recommended by the PCC.
5. Providing the PCC.with timely, written monthly reports one week prior to the regular
meeting on the status of all aspects of the advertising campaign, including market
response results. Attending monthly PCC meetings to discuss campaign activities.
6. Planning and commissioning any research activity that the PCC/City Council may
require. This includes suggestions for and methods of continuing evaluation for the
effectiveness of advertising campaigns.
7. Coordinating activities of the advertising campaign with promotional services
provided by the San Luis Obispo Chamber of Commerce and the San Luis Obispo
County Visitors and Conference Bureau. Establishing effective working relationships
with staff of the organizations referenced above, and other City bodies to achieve
coordinated and efficient use of all available resources, avoiding a duplication of
efforts.
8. Executing a standard Agreement to Provide Professional Services, including evidence
of motor vehicle insurance coverage for all vehicles operated in the course of
business. A copy of the standard agreement with insurance requirements is attached.
EACH PROPOSAL PACKAGE MUST CONTAIN THE FOLLOWING STATEMENTS
AND INFORMATION TO BE CONSIDERED FOR SELECTION:
1. Statement of proposed workscope. The workscope should:
■ cover one fiscal year (July 1993 through June 1994, with option for PCC to
renew for a second year)
■ summarize the advertising campaign
Page 3
Advertising RFP
■ state the objectives of, and general approach (philosophy) toward, the
advertising campaign
■ state the specific strategy for achieving the above objectives (i.e., include a
general schedule of media placement and other activities)
■ include .a budget for the campaign and a fee schedule for services to be
provided
■ identify the agency program manager and key personnel responsible for the
campaign such as copy and design/production personnel, and any
subcontractors.
2. Resume of professional experience and samples of previous work (presentation of
portfolio, including work for existing clients and evidence of strategic thinking and
problem solving ability will be requested of those proposers who are selected for
interviews). These materials will become the property of the City of San Luis
Obispo.
3. A list of three professional references, including names and telephone numbers of
current clients.
The filing of such statements as described above shall constitute permission by the proposer
for the City to verify information contained in such statements. Additional information may
be requested from the proposer. Failure to comply with any such request may disqualify a
proposer from further consideration. Proposals are public documents and may be subject
to review and discussion in public session of the City Council and the PCC.
SELECTION PROCEDURES
The PCC will review all proposals. In addition, the PCC may request interviews with each
proposer. Selection of the proposal which meets the needs of the City of San Luis Obispo
will be accomplished by the City Council upon recommendation by the PCC.
SELECTION OF THE BEST RESPONSIBLE PROPOSALS WILL BE BASED UPON
THE FOLLOWING CRITERIA:
1. Proposer's experience in advertising services, which may include services to public
agencies.
2. The quality and nature of proposed programs to be implemented for advertising
services. (Innovative concepts and alternative approaches, in addition to direct
advertising campaigns, are desirable.)
7-f'?
Page 4
Advertising RFP
3. Proposals which address the following goals: (A) increasing off-season tourism; (B)
increasing tourism during lower demand. nights, and (C) creating/promoting a
calendar of events that visitors can use to plan trips to the City well in advance.
The PCC will review, evaluate and rank the proposals. The City Council will make the final
decision to award a contract.
ADVERTISING SERVICE AS INDEPENDENT CONTRACTOR:
In the event the City accepts a given proposal, the successful proposer shall agree that, at
all times covered by the agreement, the proposer is acting as an independent contractor, not
as an employee of the City, and as such, shall not accrue or be eligible for vacation, sick
leave,workers'compensation,unemployment insurance benefits,medical insurance,or other
similar benefits available to City employees. Any promotional service agreement with the
City to provide the services referenced shall not be assignable without prior written consent
of the City.
\Pcc\rfP ?—
.r3
ALPHABETICAL SOLICITATION LIST FOR
RFP MAILING
Barnett Cox & Associates
992 Monterey Street, #B
San Luis Obispo, CA 93401
Brown & Clarkson Advertising
8437 Empresa Drive, Suite D
San Luis Obispo, CA 93401
Catalyst Communication Arts
2241 Boulevard Del Campo
San Luis Obispo, CA 93401
Coast and County Graphic Services
3436 Sacramento Drive
San Luis Obispo, CA 93401
Connections
846 Higuera Street
San Luis Obispo, CA 93401
DCO Graphic Design
793 Higuera Street
San Luis Obispo, CA 93401
Dealers Network Exchange Magazine
470 Price Street
Pismo Beach, CA 93449
Design, ETC.
738 Higuera Street
San Luis Obispo, CA 93401
Genesport Marketing SLO
11295 Los-Osos Valley Road, Suite 23
San Luis Obispo, CA 93401
Gregory Gray
P.O. Box 3146
Shell Beach, CA 93448
Image Design Graphics
738 Higuera Street
San Luis Obispo, CA 93401
�-sem
Ipekjian Design Verbatim
1012 Pacific Street
San Luis Obispo, CA 93401
Johnson Graphic Design
2275 Flora Street
San Luis Obispo, CA 93401
Karlene Design
P.O. Box 12238
San Luis Obispo, CA 93401
Kornreich Gleason Design
385 Higuera Street
San Luis Obispo, CA 93401
Mark Leunis Advertising
23875 Ventura Blvd., Suite 203-A
Calabasas, CA 91302
LK Enterprises
P.O. Box 362
Cayucos, CA 93430
MBW Advertising Design
P.O. Box 4828
San Luis Obispo, CA 93406
The Media Store
1464 Auto Park Way
San Luis Obispo, CA 93401
Pandora & Co.
350 Mitchell Drive
Los Osos, CA 93402
Pointline Media
5690 West Mall
Atascadero, CA 93422
Porter Design
846 Higuera Street
San Luis Obispo, CA 93401
Pierre Rademaker Design —
738 Higuera Street
San Luis Obispo, CA 93401
Ricard Marketing Communications
P.O. Box 318
Morro Bay, CA 93443
Rob's House of Marketing
3580 Sacramento Drive
San Luis Obispo, CA 93401
Rocglo Promotions
P.O. Box 619
Arroyo Grande, CA 93420
SJ. Francis & Associates
1137 Vista Lago
San Luis Obispo, CA 93401
Steve Simper
Stonehedge Enterprises
1445 Prefumo Canyon, 7#24
San Luis Obispo, CA 93405
Studio Works in Original Design
1331 Archer
San Luis Obispo, CA 93401
Studio 101 -
3485 Sacramento Drive
San Luis Obispo, CA 93401
Suggs Lombardi Advertising
520 Higuera Street
San Luis Obispo, CA 93401
Swanson Design
3485 Sacramento Drive
San Luis Obispo, CA 93401
Tom Jones Advertising
11555 Los Osos Valley Road
San Luis Obispo, CA 93401
Wildfire Marketing Communications
846 Higuera Street, Suite 5
San Luis Obispo, CA 93401
7-Sip"
PROMOTIONAL COORDINATING COMMISSION
ENHANCED PROMOTIONAL PROGRAM
APPLICATION
l• Applicant/Sponsor: San Luis Obispo International Film Festival
Contact
■ Name: Mary A. Harris or Lee Cogan
■ Telephone Number: 543-0855 or 781 -5800 , respectively
II. Funding Request Amount: $ 71 ,500 . 00
Ill• Proposal Description (please include a brief description of the event/project
proposed; how the City's monies will be used; party responsible for
implementation; target audience; proposed event date; method the City will use
to measure success; and any other pertinent information):
SEE ATTACHED
7-S7
ATTACHMENT 5
ATTACM4M
Applicant/Sponsor: San Luis Obispo International Film Festival
III. The San Luis Obispo International Film Festival will be an
annual cultural event showcasing the history and art of film-
making. The showings take place over three or more days, and
will include gala premiere events, classics, artist showcases and
retrospectives, outdoor screenings, silent films with live
musical accompaniment, and student works. Venues for the
Festival's screenings will be predominantly in the downtown .San
Luis Obispo area, at the Palm, Fremont, and Mission Theaters. In
addition to the annual Festival, a special event to promote the
Festival will be presented in early spring.
The monies received from the City of San Luis Obispo will be
used to promote the Festival, assist in paying for film
acquisition costs, venue rental fees, and other related expenses.
The Festival is a volunteer organization, hence no monies will be
spent on salaries.
Implementation of the Festival and related promotional
events will be the responsibility of the San Luis Obispo
International Film Festival (incorporation and non-profit/tax
exempt status pending) .
The Festival is designed to be a local, regional, statewide,
and ultimately, national and international draw. Attendees will
be a diverse mix of tourists, locals, film aficionados, artists,
entertainment industry figures, and students of film and their
families.
The Inaugural Festival will be a three-day event in October,
1993 . Future Festivals will be held in either October or early
November. Special promotional events will be scheduled in early
spring, most likely February/March.
The City will be able to measure the event's success through
our ticket sales, attendance statistics, lodging and restaurant
reservations, promotional tie-ins, and media coverage.
Page 2
IV. Itemized Budget for Event/Project (please itemize all costs associated with
sponsoring event/project):
1 . Advertising, Printing, Promotion $ 5 , 500 . 00
2 . Venue Rental 5 , 000 . 00
3. Film Acquisition 6 , 000 . 00
4. Overhead, including fund raising expenses 3 , 000 . 00
TOTAL $ 19 , 500 . 00
V. Itemized Revenue Detail for Event/Project (please itemize all sources of revenue
to fund proposed event/project):
1 . Ticket Sales $ 5 , 500 . 00
2. Corporate Sponsorship 1 ,500 . 00
3. Fund Raising 1 , 000 . 00
4. City Seed Money 111500 . 00
TOTAL $19 , 500. 00
}PLEASE SEE EXHIBIT "A" FOR EXAMPLES}
7-.x"57
\pccapp
MARY A. HARRIS
ATTORNEY AT LAW
1043 MARSH STREET
SAN LUIS OBISPO, CALIFORNIA 93401
TELEPHONE (SOS) 343-OSSS
FACSIMILE 16051 543-2456
August 20, 1993
Deb Hossli
Administrative Analyst
City of San Luis Obispo
City Hall
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Re: San Luis Obispo International Film Festival
Dear Deb:
As supplemental information to our funding proposal, I wanted to
let you know that the dates for this year's first Festival have
been set for November 4 through 7, 1993 . Our previous dates were
found to be in conflict with the opening weekend of the San Luis
Obispo County Symphony. In moving the dates, we not only avoid
. that conflict, but also fall more squarely within the emphasized
November through April time period.
If you have any questions about our scheduling, or any other
matter discussed in our proposal, please do not hesitate to
contact me.
Very truly yours,
MARY A. S
MAH:mis
7- 60
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ATTACHMENT 6 7- (P/
ZA',-I CC7-1 IJ7fr CIT7hf ' .--
Z0d 99V SS3ad SM3N HS TT:OT26 , £0 d3S
August, 1993
Notes from conversation with:
Rea Lewis
Assistant Administrative Director
Santa Barbara International Film Festival
805/963-0023
- SB Festival 9 years old
- Started as one weekend, now 10 days
- Now has two, full-time paid staff
- Early development was "painfully slow"; Is stressful,
requires high energy leadership.
- Started with attendance of about 6, 000; now 25, 000 .
- Audience is 48% tourists - city supports with $15, 000 .
First year supported with "founders" dollars.
- Economic retail impact related to location of theatres (see
newspaper article) .
- Most tourists from Los Angeles and San Francisco; small
percentage from around U.S. and Abroad. Some from LA stay
with friends.
- Good community project - requires 250 volunteers.
- Other Festivals: San Francisco, Los Angeles, Palm Springs;
also a film center in Ojai.
- Some thoughts on Organization:
- Avoid "Oscar" time which is April (want to maximize
mental and physical availability of film people) .
- Film Festival in SLO "has great potential" .
- Emphasized importance of staff with meaningful contacts
in the industry.
- Promotion Hot Button - First two years they used local
PR professional; now have one from LA -- more
effective. Knows the right people and communication
avenues that work to build "stature" of Festival.
Prepared by: Kathy Smith, San Luis Obispo Promotional Coordinating
Committee
�- 6 2
PROMOTIONAL COORDINATING COMMITTEE
REGULAR MEETING
JULY 21, 1993, 5:30 P.M.
PLANNING CONFERENCE ROOM
MINUTES
1. CALL TO ORDER
The meeting was called to order by Chairperson Jack Gatz with the following
members in attendance: Pati Brown, Barbara Gregg, Jesse Norris, Bill Pyper,
Laverne Schneider, and Kathy Smith.
Guests in attendance were as follows: Rebecca Berner (Chamber of
Commerce), Jonni Eylar (Visitors & Conference Bureau), and Dave Garth
(Chamber of Commerce).
2. APPROVAL OF MINUTES FROM MAY 12 AND MAY 26, 1993 MEETINGS
The minutes were approved by the Committee as submitted.
3. PUBLIC COMMENT
There was no public comment.
4. CONSIDERATION OF THE PROMOTION PROGRAM
Mr. Norris (Chair of the Advertising Subcommittee) provided the Committee
with an overview of the Subcommittee's preliminary recommendations for each
component of the coming year's promotion program (i.e., the advertising
contract, the Chamber contracts, the VCB contract, and the Enhanced
Promotion Program). The Committee subsequently discussed each component
of the Program and arrived at the following recommendations to forward to the
City Council for approval.
■ Advertising Contract
The Committee heard presentations from: (1) the Barnett, Cox & Associates;
(2) Tom Jones Advertising, and (3) Marc Luenis Advertising for the 1993-94
advertising contract.
After discussing the advantages and disadvantages of each proposal, the
Committee unanimously recommended that Barnett, Cox & Associates
(BC&A's) be awarded the 1993-94 advertisisng contract (with an option to
renew for one additional year). The Committee indicated that they were very
pleased with BC&A's performance over the past year and felt BC&A's proposal
was most responsive to the City's needs.
7- 63
ATTACHMENT 7
Page 2
■ Chamber of Commerce Contracts
A. Visitor's Center Contract
Mr. Garth provided the Committee with an overview of the Chamber of
Commerce's proposal for the 1993-95 visitor's center contract. He explained
that the Chamber was requesting $55,200 for 1993-94 (which represents no
increase in the contract over 1992-93 levels) and $57,400 for 1994-95 (which
represents a 4% cost of living increase over the 1993-94 contract levels). At
the request of the Committee, Mr. Garth indicated that he would be willing to
negotiate the "base level" advertising responses (mail vs. 800 number
responses) given the City's greater reliance on the 800 number.
A motion was subsequently made to endorse the Chamber's visitors center
contract proposal for 1993-95. The motion passed on a 5/2 vote with Ms.
Smith and Ms. Schneider dissenting. It is important to note that Ms. Smith's
and Ms. Schneider's dissenting votes did not reflect dissatisfaction with the
Chamber's performance. Rather, both felt it was inappropriate to recommend
cost of living increases in the second year of the contract given the state of the
City's finances (and the fact the 1993-95 Financial Plan did not contain
sufficient monies to fund the increase).
B. Promotion Contract
Mr. Garth provided the Committee with an overview of the Chamber of
Commerce's proposal for the 1993-95 promotion contract. He explained that
the Chamber was requesting $32,100 for 1993-94 (which represents no
increase in the contract over 1992-93 levels) and $33,400 for 1994-95 (which
represents a 4% cost of living increase over the 1993-94 contract levels).
A motion was subsequently made to endorse the Chambers promotion contract
proposal for 1993-95. The motion passed on a 5/2 vote with Ms. Smith and
Ms. Schneider dissenting. It is important to note that Ms. Smith's and Ms.
Schneider's dissenting votes did not reflect dissatisfaction with the Chamber's
performance. Rather, both felt it was inappropriate to recommend cost of living
increases in the second year of the contract given the state of the City's
finances (and the fact the 1993-95 Financial Plan did not contain sufficient
monies to fund the increase).
Page 3 -
■ Visitors and Conference Bureau Contract
Ms. Eylar provided the Committee with an overview of the VCB's proposal for
the 1993-95 contract. She explained that the VCB was requesting $67,700
for 1993-94 (which represents 3.5% of the total TOT collected two years prior)
and $71,700 for 1994-95 (which represents 3.5% of the TOT collected two
years prior).
A motion was subsequently made to recommend to the City Council that the
VCB receive funding of $54,000 in 1993-94 (which represents no increase in
the contract over 1992-93 levels) and $56,200 for 1994-95 (which represents
a 4% cost of living increase over the 1993-94 contract levels and is consistent
with the approach taken with the Chamber's contracts). The motion passed
on a 5/2/1 vote with Ms. Smith and Ms. Schneider dissenting and Mr. Norris
abstaining. . It is important to note that Ms. Smith's and Ms. Schneider's
dissenting votes did not reflect dissatisfaction with the VCB's performance.
Rather, both felt it was inappropriate to recommend cost of living increases in
the second year of the contract given the state of the City's finances (and the
fact the 1993-95 Financial Plan did not contain sufficient monies to fund the
increase).
■ Enhanced Promotion Program
Mr. Norris reported that the City received 16 applications requesting funding
of over $226,000 from the Enhanced Promotional Program. He then provided
the Committee with an overview of the Subcommittee's review process (which
included a public meeting), the types of funding requests received, the
preliminary funding recommendations for the Program, and the rationale behind
the recommendations. The Subcommittee recommended that the $50,000 be
allocated as follows: $38,500 added to the City's advertising contract to
increase its effectiveness and $11,500 be allocated to the International Film
Festival group.
The Committee unanimously endorsed the Subcommittees' recommendation,
but requested that the Subcommittee work to refine the specifics of how the
advertising monies would be spent prior to requesting Council approval. Staff
agreed to coordinate this effort.
5. CHAIRPERSON'S REPORT
Chairperson Gatz provided the Committee with an overview of the Mayor's
Quarterly luncheon. He also thanked the Committee for their good work with
the Grants-In-Aid process.
74.r
Page 4
6:. COMMITTEE LIAISON REPORTS
There were ho Committee Liaison`Re.ports:
1. STAFF REPORT
There was no staff report.
& ADJOURN TO AUGUS 12;' 1993
the meeting was adjourned: at 8'05 p.m.
ME,AG AGENDA r�
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OUNCIL ❑ DIR
v�� San Luis Obispo County ❑ FIFIN DIR
RE CHIEF
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,iv Visitors �� Conference Burea B'�SroRavEY ❑ P�vDIFl
PCLERKIORIG ❑ POLICE CHF
S�P 2 V ❑ MGMTTEAM 12 REC DIR
CITY COUNCII CA ❑ CAEAO F!e-E [] UTIL r
t4 ,-UIS
LUIS OBISPO.
j' ❑ PERS DIR
Why Increase Funding to the VCB? ,
The VCB has requested $67,700 for 1993/94 and 6% more in 1994/95. City staff
has recommended that our budget for both years be kept at $54,000, the same as
this year.
* The $67,700 represents 3.5% of the TOT collected in 1991/92 (the agreed
upon formula) when the bed tax rate was increased to 9%. Staffs and the PCC's
recommendation will put the City's investment at 2.8% of the TOT for this year
and less than that in 1994/95.
* Our programs are measurable, returning up to 4 times the investment made
by the City with the VCB.
* More funding will enable the VCB to:
► Advertise longer in the off-season a monthly calendar of events
in LA , San Jose, and Orange County
* seen by over 2 million people each week
* measured by the number of responses
► Create and distribute an arts package brochure designed to include
lodging, restaurant, and performance tickets the first week of March.
* Distributed to a minimum of 10,000 ad respondents
* Measured by the number of packages sold
* Great first step to packaging for the Performing Arts Center
The VCB needs the City's full commitment to be able to continue to enhance the economic
value of tourism in San Luis Obispo.
1041 Chorro Street. Suite E. San Luis Obispo, California 93401 (805) 541-8000 FAX C805) 543-1255
i
It's All Here!
Enchanting Hearst Castle,
award-winning wineries,
Incomparable beaches and
-: small towns in pastoral settings.
PLUS
j October 1.2
The Nord,San Luis Obl"
October 2.3
Harbor Festival. Morro Rey
October 3
i Autumn Apex Chamber Conceit,
San Luis Obispo
October ]
i' Apple Festival, CGn Ink Ohhpo
October 9
Pioneer Days, Paso Robles
October 12.11
The First Goodbye, Cal Poly
October 16
Colony De Atascadem
October 16
Dubussy Trio, Cal Poly
October 16.17
47th Annual Cam Festival Piano Beach
1.800.634-1414
for a free brochure
San Luis Obispo County
v.
California
nays
0 Co -