HomeMy WebLinkAbout09/07/1999, C6 - TOURISM PROMOTION AGREEMENTS council
accnOA IZEpoPt C6'
C I T Y OF SAN Luis OBISPO
FROM: Ken Hampian,Assistant City Administrative Officer#
Prepared By: Wendy George,Assistant to the City Administrative Officer
SUBJECT: TOURISM PROMOTION AGREEMENTS
CAO RECOMMENDATION
Approve the following agreements related to tourism promotion recommended by the Promotional
Coordinating Committee and authorize the mayor to sign them:
" ' IIERR
Bamett Cox & Associates Advertising $151,100 $154,600
SLO Chamber of Commerce Tourist information activities $74,436 $76,669
SLO Chamber of Commerce Promotional services $36,400 $37,500
Visitors and Conference Bureau Visitors and conference services $62,200 _ $64,100.
DISCUSSION
Background
On July 6, .1999, the City Council approved. the funding for four contracts related to tourism
promotional services for the City of San Luis Obispo and awarded the advertising contract to
Barnett Cox & Associates. Contracts were not presented for approval at that time because there
was a disagreement between the staffs funding recommendations and those proposed by the
Promotional Coordinating Committee (PCC). Until the funding issues were resolved, appropriate
scopes of service could not be developed for the agreements. The Council approved the PCC's
funding recommendations for the advertising and tourist information activities agreements. The
Council did not approve the PCC's recommendation to add funding_ to the Chamber of Commerce
promotional services contract for Photo CD's and virtual reality on the website. Nor did it support
the PCC's funding recommendations for the Visitors and Conference Bureau's (VCB's) contract.
Instead,it approved the reduced funding.recommended by staff.
Contract Workscopes
Now that the approved funding is in place,the PCC is recommending that the Council approve the
four agreements related to tourism promotion. A summary of the scope of services is as follows:
P Barnett Cox&Associates
- Preparation of print and co-operative advertisements to be placed in appropriate
newspapers and.magazines;
- Production of brief television commercials for placement in cable television markets;
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Conned Agenda Report-Promotional Contracts
Page_Z
- Subcontracting for fulfillment.services;
- 'Creation of new marketing materials;
- Coordination with the Chamber of Commerce and VCB;
- Value added programs like the quarterly newsletter.for hotels and motels;
- Continued pro bono support for local events;
- Analysis of 800 phone number requests,Transient Occupancy Tax-performance, etc.
- Reporting on advertising activities to the PCC
- Assistance with the conversion study effort;.refinement of advertising programs in Year H
based on conversion study research findings;
- General account management.
o Chamber of Commerce Tourist Information Activities
- Maintenance of a centrally located public location for visitor information;
- Provision of a high level of personalservice to visitors;
Dispensing of information about San Luis Obispo;
= Handling of telephone calls from the public;
- Responding to written requests forinformation about the City;
.Reporting on Visitor Center activities to the PCC.
o Chamber of Commerce Promotional.Services
- Researching.and writing news releases;
- Maintenance of accurate media information;
- Handling of media requests-
- Solicitation of editorial space/time on behalf of the City; i
- Maintenance of'records and.reporting to the PCC
o VCB Visitors and Conference Services
- Maintenance of an office suitable.for conducting a visitors and conference.bureau;
- Development of directsales effbrts'to attract group business and conferences;
- Attendance andrepresentation of San.Luis Obispo County at appropriate travel and sales
shows;
- Coordination of potential conferences with local properties;
- Development of coordinated countywide.sales materials and brochures which do not
duplicate materials developed by the .San Luis Obispo Chamber of Commerce or the
City's advertising firm;
- Creation and implementation of a coordinated marketing campaign with focus on the
months of November,December and January;
- Action as the county's Film Commission to attract film business to the-area;
Exploration of ways to complete the county wide tourism development plan.project as
originally proposed by the VCB in 1995;
= Participation in the City's conversion study;
Submission of monthly progress reports to the PCC.
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Council Agenda Report- Promotional Contracts
Page 3
FISCAL EMPACT
The Council has already approved the following funding.for these.agreements:.
11 111 I
Barnett Cox&Associates $151,100 $154,600
SLO Chamber of Commerce $74,4361 $76,669
SLO Chamber of Commerce $36,400 $37,500
Visitors-and_Conference.Bureau $62,200_ $64,100
Attachments
Copies of the agreements are available in the Council Reading File.
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AGREEMENT
TO PROVIDE ADVERTISING SERVICES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation,hereinafter referred to as City, and; BARNETT, COX&
ASSOCIATES, hereinafter referred to as Contractor.
WITNESSETH:
WHEREAS, City desires to retain the services of a professional advertising firm to
cavy 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 in 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 promises, obligations, and
covenants hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this
Agreement is made and entered, as first written above,until June 30,2001. This agreement
may be extended for an additional two years upon the mutual consent of both parties.
2. INCORPORATION BY REFERENCE. Administration Specification No.
9009 and Contractor's proposal for marketing services dated April 30, 1999, are hereby
incorporated into and made a part of this Agreement.
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR. Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Maggie Cox is hereby designated as the Project Manager for the 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 the City Project Manager.
4. CTTY'S OBLIGATIONS. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
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1999-00 2000-01
Marketing and Advertising Services $151,100 $154,600
5. CONTRACTOR'S OBLIGATIONS. For and in consideration of the
payments and agreements hereinbefore mentioned to be made and performed by City,
Contractor agrees with City to provide services as described in Attachment 2 attached
hereto and incorporated into this Agreement. The City contracts with the San Luis Obispo
Chamber of Commerce and the San Luis Obispo County Visitors and Conference Bureau
(VCB) for promotional services. 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 Chamber of
Commerce and VCB agreements.
6. AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective only upon approval by the
Council of the City or its designee.
7. INDEPENDENT CONTRACTOR Notwithstanding any representations,
oral or written, between the parties, including any and all agents or representatives thereof,
Contractor at all times covered by the terms of this agreement is acting as a free and
independent contractor, not as an agent of the City. Any and all supervision and direction
by any City official, department or body shall be only that necessary to provide broad
general outlines, and Contractor will use its own initiative and discretion in performing the
details of work herein.
8. ASSIGNMENT AND SUBCONTRACTORS. This agreement is for the
performance of professional marketing services of the Contractor and is not assignable by
the Contractor without prior written consent of the City. The Contractor may employ other
specialists to perform special services as required with prior approval by the City.
9. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or effect,
nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
10. NOTICE. All written notices to the parties hereto shall be sent by United
States mail,postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
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Contractor Barnett, Cox&Associates
979 Osos Street,Suite F
San Luis Obispo;CA 93401
Attn: Maggie Cox'
11. AUTHORITY TO EXECUTE AGREEMENT. Both City and
Contractor do covenant that each.individual executing this agreement on behalf of each
party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
e
executed the day and year fust above written.
ATTEST:. CITY OF SAN LUIS OBISPO,
A Municipal Corporation
-- - BY
City Clerk Allen Settle,Mayor -
APPROVED AS TO FORM: CONTRACTOR.
By:- - -
o y — Maggie Cox,President
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ATTACHMENT 1
�lil�l�fl�fl ' ! IIiU►II�'illl' cit Y of
san Luis OB
Notice.Requestng Proposals for
M4RKET17VG SERVICES
for the City of San Luis Obispo
Administration Specification No.90009
The City of San Luis Obispo is requesting proposals for marketing the City as a visitor destination
for the 1999-2000 and 2000-01 fiscal years,pursuant to Specification No. 90009
All proposals must be received by the Department of Finance by 4:00 pm. April 30, 1998, when
they will be opened publicly in the City Hall Council Hearing Room, 990 Palm Street, San Luis
Obispo,CA 93401.
Proposals received after said time will not be considered. To guard against premature opening,
each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked
with the proposal title, specification number, proposer name, and time and date of the proposal
opening. Proposals shall be submitted.using the forms provided in the specification package.
Additional information may be obtainedby contacting Wendy George at(805)781-7151.
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TABLE OF CONTE a S
k Description of Work 3
B. General Terms and Conditions 5
Proposal Requirements
Contract Award and Execution
Contract Peffonhance _ _.
C. Special Teens and Conditions. 8
Proposal Content
Proposal Evaluation and Selection
Proposal-Review and Award Schedule
Contract Teras.
Contract Invoices
Submittal of References
Statement of.Contract.Disqualifi cations
Ownership of Materials
Release of Reports and Information
Copies of Reports and Information
D. Agreement 11
E. Insurance Requirements 13
F. Proposal Submittal Forms 14
References
Statement ofDisquali-ficat on_s
Proposal Submittal Form
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DFSCRIM'ION OF I 11K.
The City of San Luis Obispo has traditionally conducted a marketing 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 marketing 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
for promotion through county-wide cooperative initiatives. Coordination with these programs will
be essential for a successful campaign.
The City has found that the public interest and welfare will be best served by the solicitation of
marketing services to conduct a comprehensive campaign that includes direct advertising to target
California markets, as well as alternative advertising methods, and which provides a means to
clearly evaluate the effectiveness of the campaign.
For the purposed of this proposal, the budget for direct advertising and marketing services is
considered to be $150,100 in 1999/2000 and$154,600 in 2000101. This proposed-budget includes
fimding for a high quality promotional document, currently the Chamber of Commerce Visitors
Guide, to be used as part of the City's advertising "fiilfillment" package, as well as the cost of
"fulfillment" services required to respond to advertising requests. The final exact budget amounts
will be determined by the City Council in late June or July, 1999.
Specific Services
1. Planning, preparing and implementing a marketing 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, 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. Working with an outside consultant hired by the City to perform a "conversion study" to
determine the effectiveness of the City's advertising program.
4. Establishing and maintaining an effective working relationship with the PCC. Liaison
between the PCC and Contractor will be through the PCC Marketing Subcommittee.
Scheduled meetings will normally be on a monthly basis with the PCC Marketing
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 marketing campaign. Attending monthly PCC
meetings to discuss campaign activities.
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6. Planning and c."m issioning any research activity tha'' %he PCC or City Council may
require,including suggestions for and methods of continuing evaluation of the effectiveness
of marketing campaigns.
7. Coordinating activities of the marketing 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. Providing advertising "fulfillment" services in response to requests for material arising out
Of the City's advertising program. At the discretion of the proposer, advertising
"fulfillment" may be subcontracted to another party such as a "fulfillment house" or the
Chamber of Commerce.
EACH PROPOSAL PACKAGE MUST INCLUDE THE FOLLOWING STATEMENTS
AND INFORMATION TO BE CONSIDERED FOR SELECTION:
1. Statement of the proposed workscope. The workscope should:
• Cover two fiscal years(July, 1999,through June,2001).
• Summarize the marketing campaign.
• State the objective of, and general approach (philosophy) toward, the marketing
campaign.
• State the specific strategy for achieving the above objective (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.
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GENERAL TERMS ! CONDMONS
PROPOSAL REQUIREMIENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
(proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer acknowledges
agreement with and acceptance of all.provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to
the Department of Finance, City of San Luis Obispo, 990 Pahn Street, San Luis Obispo,
CA, 93401. In order to guard against premature opening, the proposal should be clearly
labeled with the proposal title, specification number, name of Proposer, and date and time
of proposal opening. No FAX submittals will be accepted.
3. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without
prejudice, prior to the time specified for the proposal opening, by submitting a written
request to the Director of Finance for its withdrawal, in which event the proposal will be
returned to the proposer unopened No proposal received atter the time.specified or at any
place other-than that stated in the "Notice Requesting Proposals" will be considered, All
proposals will be opened and declared publicly. Proposers or their representatives are
invited to be present at the opening of the proposals.
4. Submittal of One Proposal Only. No individual or business entity of any kind shall be
allowed to make or file,or to be interested in.more than one proposal, except an alternative
proposal when specifically requested.
5. Communications. All timely requests for information submitted in writing will receive a
written response from the City. Telephone communications with City staff are not
encouraged, but will be permitted However, any such.oral communication shall not be
binding on the City..
CONTRACT AWARD AND EXECUTION
6. Proposal Retention and Award. The City reserves the right to retain all proposals for a
period of 60 days for examination and comparison. The City also reserves the right to
waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject
or delete one part of a proposal and accept the other,except to the extent that proposals are
qualified by specific limitations. See the"special terms and conditionsn in Section C of the
specifications for proposal evaluation and contract award criteria.
7. Competency and Responsibility of Proposer. The City reserves full discretion to
determine the competence and responsibility, professionally and/or financially, of
proposers. Proposers will provide, in a timely manner, any and all information which the
City deems necessary to make such a decision.
8. Contract Requirement. The proposer to whom award is made(Contractor)shall execute a
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written contras 'th the City within ten (1%calendar after notice of the award has
been sent by m:,,. to it at the address given in its proposal: .ae contract shall be made in the
form adopted by the City and incorporated in these specifications.
9. Insurance Requirements. The Contractor shall provide proof of insurance in the form,
coverages, and amounts specified in Section E of these specifications within 10 (ten)
calendar days after notice of contract award as a precondition to contract execution.
10. Business Tag. The Contractor must have a valid City of San Luis Obispo business tax
certificate prior to execution of the contract. Additional information regarding the City's
business tax program may be obtained by calling(805)781-7134.
CONTRACT PERFORMANCE
11. Ability to Perform. The Contractor warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to
carry out and complete the work hereunder in compliance with any and all federal, state,
county,city,and special district laws,ordinances,and regulations. .
12. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe
and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances,regulations and adopted codes during its performance of the work_
13. Payment of Taxes. The contract prices shall include full compensation for all taxes which
the Contractor is required to pay.
14. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all
charges and fees,and give all notices necessary.
15. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
16. Public and Employee Safety. Whenever the Contractor's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the
City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs
and other devices and take such other protective measures as are necessary to prevent
accidents or damage or injury to the public and employees.
17. Preservation of City Property. The Contractor shall provide and install suitable
safeguards, approved by the City, to protect City property from injury or damage. If City
property is injured or damaged as a result of the Contractor's operations,it shall be replaced
or restored at the Contractor's expense. The facilities shall be replaced or restored to a
condition as good as when the Contractor began work.
18. Immigration Act of 1986. The Contractor warrants on behalf of itself and all
subcontractors engaged for the performance of this work that only persons authorized to
work in the United States pursuant to the Immigration Reform and Control Act of 1986 and
other applicable laws shall be employed in the performance of the work hereunder.
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19. Contractor Nc iscrimination. In the performance i. is work, the Contractor agrees
that it will not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of age,race,color, sex, national origin or
ancestry,sexual orientation,or religion of such persons.
20. Work Delays. Should the Contractor be obstructed or delayed in the work required to be
done hereunder by changes in the work or by any default,act,or omission of the City,or by
strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials,
equipment, or labor due to federal government restrictions arising out of defense or war
programs, then the time of completion may, at the City's sole option, be extended for such
periods as may be agreed upon by the City and the Contractor. In the event that there is
insufficient time to grant such extensions prior to the completion date of the contract, the
City may,at the time of acceptance of the work, waive liquidated damages which may have
accrued for failure to complete on time,due to any of the above,after hearing evidence as to
the reasons for such delay,and making a finding as to the causes of same.
21. Payment Terms.. The City's payment terms are 30 days from the receipt of an original
invoice and acceptance by the City of the materials, supplies, equipment, or services
provided by the Contractor(Net 30).
22. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to
ascertain that the services of the Contractor are being performed in accordance with the
requirements and intentions of this contract. All work done and all materials furnished, if
any, shall be subject to the City's inspection and approval. The inspection of such work
shall not relieve Contractor of any of its obligations to fulfill its contract requirements..
23. Audit The City shall have the option of inspecting and/or auditing all records and other
written materials used by Contractor in preparing its invoices to City as a condition
precedent to any payment to Contractor.
24. Interests of Contractor. The Contractor covenants that it presently has no interest, and
shall not acquire any interest direct or indirect or otherwise, which would conflict in any
manner or degree with the performance of the work hereunder. The Contractor further
covenants that,.in the performance of this work, no subcontractor or person having such an
interest shall be employed. The Contractor certifies that no one who has or will have any
financial interest in performing this work is an officer or employee of the City. It is hereby
expressly agreed that, in the performance of the work hereunder,the Contractor shall at all.
times be deemed an.independent contractor and not an agent or employee of the City.
25. Hold Harmless and Indemnification. The Contractor agrees to defend,indemnify,protect
and hold the City and its agents,officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Contractor's employees, agents or officers which arise from or are
connected with or are caused or claimed to be caused by the acts or omissions of the
Contractor, and its agents,officers or employees, in performing the work or services herein,
and all expenses of investigating anddefending against same; provided, however, that the
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconductof the City, its agents,
officers or employees.
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26. Contract Assignment. The Contractor shall not assir,,4 transfer, convey,or otherwise
dispose of the contract,or its right,title or interest,-or its power to execute such a contract to
any individual or business entity of any kind without the previous written consent of the
City.
27. Termination. If, during the term of the contract, the City determines that the Contractor is
not faithfully abiding by any term or condition contained herein, the City may notify the
Contractor in writing of such defect or failure to perform; which notice must give the
Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work
or cure the deficiency. If the Contractor has not performed the work or cured the deficiency
within the ten days specified in the notice, such shall constitute a.breach of the contract and
the City may terminate the contract immediately by written notice to the Contractor to said
effect. Thereafter;.neither party shall:have any further duties, obligations, responsibilities,
or rights under the contract except, however, any and all obligations of the Contractor's
surety shall remain in full force and effect, and shall not be extinguished, reduced,or in any
manner waived by the termination thereof. In said event, the Contractor shall be entitled to.
the reasonable value of its services performed from the beginning date in which the breach
occurs up to the day it received the City's Notice of Termination, minus any offset from
such payment representing the City's damages from such breach. "Reasonable value"
includes fees or charges for goods or services as.of the last milestone or task satisfactorily
delivered or completed by the Contractor as may be set forth in the Agreement payment
schedule; compensation for any other work, services or goods performed or provided'by the
Contractor shall be based solely on the City's assessment of the value of the work-in-
progress in completing the overall workscope. The City reserves the right:to delay any such
payment until completion or confirmed abandonment of the project, as may be determined
in the City's sole discretion; so as to permit a full and complete accounting of costs. In no
event, however, shall the Contractor be entitled to receive in excess of the compensation
quoted in its proposal.
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SPECIAL TERMS AT 70NDTTIONS
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal Submittal Form
b. References from a least three firms for whom you have provided similar services.
C. Statement of Contract Disqualifications
General Information
d. Description of your approach to completing the work
e. Experience of your firm in performing similar services
f. Warranties or guarantees that you would provide to the City regarding your
performance in completing the work
g. Resumes of the individuals that would be assigned to this project
h. Hourly billing rates for staff to be assigned to this project,if appropriate.
i. Services or data to be provided by the City
j. Proposed compensation and payment schedule.
IL Any other information that would assist us in making this contract award decision
Proposal Length and Copies
1.. Proposals should not exceed 35 pages, including attachments and supplemental
materials.
in. 8 copies of the proposal must be submitted.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee
based on the following criteria:
a. Understanding of the work required by the City
b. Quality and nature of proposed programs to be implemented for marketing services.
(Innovative concepts and alterative approaches, in addition to direct advertising
campaigns,are desirable.)
C. Proposer's experience in marketing services, which may include services to public
agencies.
d. Recent experience in successfully performing similar services
e. Proposed approach in completing the work
£ References
g. Background and related experience of the specific individuals to be assigned to this
project
h. Proposed compensation
As reflected above, contract award will not be based solely on price, but on a combination
of factors as determined to be in the best interest of the City. After evaluating the proposals
and discussing them further with the finalists or the tentatively selected contractor, the City
reserves the right to further negotiate the proposed work and/or method and amount of
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compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated
schedule for proposal review and contract award:
Issue RFP 4/7
Receive proposals 4/30
Complete proposal evaluation 5/5
Conduct finalist interviews 5/12
Award contract 6/15 or 7/6
Execute contract 7/15 or earlier depending on date of award
4. Contract Term. The services identified in these specification will be. used by the City
between July 1, 1999 and June 30, 2001. The prices quoted for these iems must be valid
for the entire period indicated above unless otherwise conditioned by the proposer in its
proposal. Upon the mutual agreement of both parties, the contract may be extended for up
to an additional 2 years.
5. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City, with
attached copies of work order forms or detail invoices.
6. Submittal of References. Each proposer shall submit a statement of qualifications and
references on the form provided in the RFP package.
7. Statement of Contract Disqualifications. Each proposer shall submit a statement
regarding any past governmental agency bidding or contract disqualifications on the form
provided in the RFP package.
8. Ownership of Materials. All original drawings, plan documents and other materials
prepared by or in possession of the Contractor as part of the work or services under these
specifications shall become the permanent property of the City, and shall be delivered to the
City upon demand.
9. Release of Reports and Information. Any reports, information, data, or other material
given to, prepared by or assembled by the Contractor as part of the work or services under
these specifications shall be the property of City and shall not be made available to any
individual or organization by the Contractor without the prior written approval of the City.
10. Copies of Reports and Information. If the City requests additional copies of reports,
drawings, specifications,or any other material in addition to what the Contractor is required
to furnish in limited quantities as part of the work or services under these specifications,the
Contractor shall provide such additional copies as are requested,and City shall compensate
the Contractor for the costs of duplicating of such copies at the Contractor's direct expensg.
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of _by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as
City,and[ ],hereinafter referred to as Contractor..
WITNESSETH:
WHEREAS, on April 7, 1999, City requested proposals for Marketing services for the City of San Luis
Obispo per.Specification No.90009.
WHEREAS,pursuant to said request, Contractor submitted a proposal which was accepted by City for said
services;
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter
contained,the.parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered,
as first written above;until June 30,2001. By mutual agreement of both parties,the term of this Agreement may be
extended for an additional two years.
2. INCORPORATION BY REFERENCE. City Specification No:90009 and Contractor's proposal
dated[ ],are hereby incorporated in and made a part of this Agreement
3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement,City Gill pay and
Contractor shall receive therefor compensation in a total surn not to exceed[S ].
4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements
hermabefore mentioned to be made and performed by City.Contractor•agrees with tatty to provide services as described
in Exhibit A attached hereto and incorporated into this Agreement
5. AMENDMENTS. Any amendment, modification, or variation from the berms of this Agreement
shall be in writing and shall be effective only upon approval by the Council of the City.
6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement,understaix� or representation not reduced to writing and specifically incorporated herein shall be of any
force or effect,nor shall any such oral agreement,understanding,or representation be binding upon the parties hereto.
7. NOTICE. All written notices to the parties hereto shall be:sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
11
C6-17
City City Clerk -
City of San Luis Obi
990 Palm Street
San Luis Obispo,CA 93401
Contractor
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first
above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corpb�ation
- -_ By:- . -- -
9ty Clerk City.Administrative Officer[or Mayor]
APPROVED AS.TO FORM: CONTRACTOR
— By:
City Attorney -
12
0648
INSURANCE REQ 1REMENTS: Consultant Sei es
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder by
the Contractor,its agents,representatives,employees,or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed- 1/87)covering Automobile Liability,code 1 (any auto).
3. Workers'Compensation insurance as required by the State of California and Employers Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultants profession
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.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City,either. the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City,its officers,officials,employees and volunteers;or the Contractor shall procure a
bond guaranteeing payment of losses and related investigations,claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain,or be endorsed to
contain,the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as 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 Contractoes insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteer;. Any imstmince 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 Contractors insurance shall apply separately to each insured against whom claim is made or suit is
brought,except with respect to the limes of the insurer's liability.
5. Each innuance 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,retain receipt requested,has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than
ANIL
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the
required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause asst also be provided The endorsements are to be signed by a person authorized by that imsuaer
to bind coverage on its behalf All endorsements are to be received and approved by the City before work commences.
13
C6-19
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the present
business name:
Describe fully the last three contracts performed by your frim which demonstrate your ability to provide the services
included with the scope of the specifications Attach additional pages if required. The City reserves the right to contact
each of the references listed for additional information regarding your firm's qualifications.
Reference No.I
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No.2
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
Reference No.3
Customer Name
Contact Individual
Telephone&FAX number
Street Address
City,State,Zip Code
Description of services provided
including contract amount,when
provided and project outcome
14
C6-20
STATEMENT AF PROPOSERS kST CONTRACT
DISQUALIFICATICAS
'Ile piaposer shall state whether it or any of its officers or employees who have a proprietary interest in it,has ever
been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local government
project because of the violation of law,a safety regulation,or for any other reason,including but not limited to financial
difficulties,project delays,or disputes regarding work or product quality,and if so to explain the circumstances.
1. Do you have any disqualification as descnbed in the above paragraph to declare?
Yes No
2. If Yes,explain the circumstances.
Executed on at
I declare,under penalty of perjury of the laws of the State of California,that the foregoing is true and coned.
Signature of Authorized Proposer Representative
15
C6-21
PROPOSAL SUM'rTAL FORM
The undersigned declares that she or he has carefully examined Specification.No. 90009;which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work for the following cost quoted in full:
0
mom
17 Certificate of insurance attached; insurance company's A.M.Best rating:
Description of your firm's Year 2000 compliance strategy (or statement why this is not relevant
to the purchase)attached.
Firm Name and Address
Contact _ Phone
Si re of Authorized Re resentative
Date
16
C6-22
ATTACHMENT 2
Summary Services: Elements to be provided by BC&A . . . . . . .. . . . . . . . .
• Print ads (B&W and color) designed and placed in the LA Times, Sunset,
specialty publications. May consider Reader's Digest banner page option.
• Co-op ads purchased through VCB (anticipate Fresno Bee and Bakersfield
Californian)
f • Thirty Second TV Commercial produced for placement in cable TV in key
Southern and Northern California markets. Commercials will be developed
i
to include"hole"for insertion of hotel and attractions' co-op message.
BC&A will coordinate co-op program/presentation to potential participants.
i • Fulfillment materials:
1. Continue Chamber visitors guide fulfillment program; supplement
i
with smaller brochure per budget limitations. Retain Chamber as
fulfillment service provider.
2. Accommodations list
3. Large volume printing of City brochure for aggressive distribution by
VCB and Chamber
• Creation of new materials:
1. area wine map/city map padded and distributed to hotelstmotels for
i assistance to visitors
2. New advertising outreach: direct mail to former visitors(postcard
i
program)
3. Pursuit of web-related opportunities
r
10 • Coordination with Chamber&VCB efforts
1 • Value added programs: Quarterly newsletter,communication&coordination
00 with other tourism-related businesses/organizations; general community
00 promotion
• Continued BC&A pro bono support for local events
s • Reliance on automated 800 number for visitor inquiry/response mechanism
00 and post-advertising analysis. Use of visitors guide for fulfillment.
r _
0 • Inclusion of tracking mechanism: review of program results, 800#calls,
00, TOT performance,etc.
A BC&A Proposal for City of SLO Marketing Services 9
4 RFP No. 90009 C6-23
0* April 30, 1999
Ab
® Assistance with conversion study effort; refinement of advertising programs
in Year II based on conversion study research findings.
o General account management.
BC&A Proposal for City of SLO.Marteting Services 10
RFP No. 90009
April 30, 1999 C6-24
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6
Hourly Billing Rates/Budget Discussion. . . . . . . . . . . . . . . . . . . . . . .
BC&A is requesting a flat fee for service provided to this contract. If selected for an
® interview for the project,we would like an opportunity to discuss costs for services with
e you. We offer a rationale(below) for the agency fees we are regeusting for this
® account;however,we want PCC members to know we are agreeable to discussing the
® cost proposal and meeting PCC as well as agency needs.
a Managing the City's advertising program is considerably time demanding due to the
d nature of media buying and analysis, account coordination, design,meetings and other
administration. BC&A does not receive commission on media placement, even though
commissions are standard in the advertising industry.
BC&A has managed the City contract for a number of years. In order to understand the
actual costs of administering the account and providing requested services, an analyis
was done of billing for the last year. BC&A received flat fee compensation of$17,505,
which,at an hourly rate of$90(our account management services rate),would cover 16
hours per month. Actual hours provided to the account averaged 37 per month.
We have committed to donating time to value added services for tourism promotion,
and propose a no-charge donation of up to 25%of the time put into this account(or nine
hours per month), leaving a balance of 28 hours per month for payment.
We are interested in reducing overhead,development and materials' costs and availing
maximum funds for actual media placement. We recommend using the materials
developed in 1998-99 for 1999-2000 (brochure and print ads), and allocating some
fiords to new materials' development(wine/walking map;postcard mailer). It is
reasonable to assume design time will be somewhat less demanding in the next budget
cycle, although we do propose some new printed products and TV production which
will require time to create.
We are requesting compensation for an average of 25 hours per month administrative
and service costs to this account at an average rate of$90,equaling a total annual
contract in year I of $27,000,and in year Ila 3%cola increase to$27,810.
BC&A bills at a tiered rate,with applicable rate determined by nature of the work and
A the individual assigned to complete it. General hourly charges are as follow:
Partner(Maggie and Dave Cox) $ 100 per hour
Account Manager $ 90 per hour
Production Services $ 85 per hour
BC&A Proposal for City of SLO Marketing Services 12
RFP No. 90009
April 30, 1999 C6-26
AGREEMENT
TO PROVIDE VISITOR
AND TOURIST INFORMATION ACTIVITIES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of by and between the CITY OF SAN LUIS
OBISPO, a municipal-corporation, hereinafter referred to as City, and; the CHAMBER OF
COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA, hereinafter referred to as
Contractor.
WITNESSETH:
WHEREAS,the 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 talzing place in the City; and
WHEREAS, Contractor is qualified for and the office is equipped to cant'out such
activities on behalf of the City, and is in a position to accomplish such aims and purposes of
the City in an efficient and economical manner,
NOW THEREFORE, in consideration of their mutual promises, obligations, and
covenants hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this
Agreement is made and entered,as fust written above,until June 30,2001.
2. INCORPORATION BY REFERENCE. Pages 15-20 of Contractor's
proposal dated March 10, 1999(Attachment 1).
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Dave Garth is hereby designated as the Project Manager for the 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 the City Project Manager.
4. CITY'S OBLIGATIONS. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
C6-27
1999-00 2000-01
Visitor's Service/Tourist Information Activities $74,436 $76,669
Payment shall be made in four installments,as follows:
• September 1, 1997 $37,218
• January 30, 1998 $37,218
• July 31, 1998 $38,335
• January 31, 1999 $38,334
$151,105
5. CONTRACTOR'S OBLIGATIONS. For and in consideration of the
payments and agreements hereinbefore mentioned to be made and performed by City,
Contractor agrees with City to provide services as described in Attachment 1 attached
hereto and incorporated into this Agreement. The City contracts with the Contractor and
the Visitors and Conference Bureau (VCB) for promotional services. The City also
contracts with an independent agency to provide advertising services. 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, VCB and advertising services
agreements.
6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all
general terms and conditions as specified in Attachment 2.
7. INSURANCE. The Contractor shall procure and maintain for the duration
of the contract insurance which meets the requirements of Attachment 3. As evidence of
this insurance, the Contractor shall provide the City with a Certificate of Insurance and an
Endorsement naming the City as an"Additional Insured".
8. AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective only upon approval by the
Council of the City or its designee.
9. INDEPENDENT CONTRACTOR Notwithstanding any representations,
oral or written, between the parties, including any and all agents or representatives thereof,
Contractor at all times covered by the terms of this agreement is acting as a free and
independent contractor, not as an agent of the City. Any and all supervision and direction
by any City official, department or body shall be only that necessary to provide broad
general outlines, and Contractor will use its own initiative and discretion in performing the
details of work herein.
10. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or effect,
C6-28
nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
11. NOTICE. All written notices to the parties hereto shall be sent by United
States mail, postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Chamber of Commerce
1039 Chorro Street
San Luis Obispo, CA 93401
Attn: Dave Garth
12. AUTHORITY TO EXECUTE AGREEMENT. Both City and
Contractor do covenant that each individual executing this agreement on behalf of each
party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WBEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: CONTRACTOR
L444e4t
By:
jWo a ity omey Dave Garth,President/CEO
C6-29
ATTACHMENT 1
CONTRACT PROPOSALS 1998-99, 1999-2000
VISITOR'S CENTER CONTRACT PROPOSAL
The Chamber's existing contract with the city provides for the following services:
• Maintain a public office in a centralized location for visitor information.
This includes providing a center open to the public seven days a week and three evenings a
week- (Thursday through Saturday), and includes rent, utilities, copying, faxing and other
equipment. The Chamber Visitor Center at 1039 Chorro Street is ideally situated in the
heart of downtown San Luis Obispo just a few buildings down from Mission San Luis
Obispo de Tolosa.
• Provide a high level of personal service to visitors.
This is one of the most tune-consuming functions of the Visitor Center but one of the
most important. It requires a trained staff of one full-time and five parr-time employees to
handle the flow of visitors to the Center and field a variety of questions about die area and
two part-time employees who fulfill the City Ad Campaign. The Chanber must cover
salaries, payroll taxes and also health and disability insurance for these employees.
• Dispense information about San Luis Obispo.
This includes tourist information such as city and county snaps, hotel/motel directories and
Visitors Guides and also brochures and pamphlets on city events mid attractions. The
Center is also a source of general statistics about the community and maintains a library of
community and economic data, information on area nonprofit groups and business and
phone directories, and a Telecotnlnunications Device for the Deaf(TDD) for public use.
And, in 1999, the Visitors Center will be the official information center for First Night.
Handle telephone calls from the public.
The Visitor Center serves as a key contact and referral agency for both residents aid
potential visitors from throughout the world and handles calls on four incoming lines. The
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 15
C6-30
Chamber provides a trained staff that is available to field these phone calls, including one
full-time employee who speaks four languages and can assist international visitors with
their needs.
• Respond to written requests for information about the city.
This includes response by mail and e-mail to those requesting visitor and other general
information about the city including economic profiles, event calendars and business data.
• Report on Visitor Center activities to the Promotional Coordinating Committee.
The Chamber staff keeps track of the number of visitors to the Center, records advertising
responses, records materials distributed to groups and individuals, vid provides That
information monthly to the City's advertising agency and the Promotional Coordinating
Committee.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 16
C6-31
PROPOSED VISITOR CENTER CONTRACT
The Chamber proposes continuing the Visitors Center Contract for 1999-2000, 2000-01 with
services as outlined above at an amount of$74,436 for 1999-2000 and 576,669 for 2000-01.
This rate represents a three percent increase each year. The amounts indicated above are
necessary to cover standard wage and cost of living increases as well as additional staff to handle
the Chamber's visitor website.
Much to the Chamber's delight, activity on the-6sitor website has grown exponentially over the
last two years. Because of this new means of communication, we are now reaching markets we
never could have reached. People around the world are now learning about what San Luis
Obispo has to offer and contacting the Visitor Center for more information. Even though
more people are contacting.the Visitor Center via the web, however, the number of requests
coming through the mail and over the phone has not lessened. At its currenr staff'level, the
Chamber is not able to keep up with the increased demand. In order to more efficienrly and
better serve potential visitors, there is need for a parr-time staff person who is solely dedicated
to the maintenance of the visitor website.
The Chamber proposes the following adjustment to its current contract: Separate the
fulfillment aspect (i.e. fulfilling requests generated by the city's ad campaign) and create a
separate contract for these services. Proposal for the Fulfillment Contract is as follows:
FULFILLMENT CONTRACT
No monthly fee or retainer. Instead, there would be a per piece fee based oil the nunber of
responses to City ads. The Chamber sends out information in response to inquiries generated
by the City's advertising agency. The advertising agency provides brochures and a hotel/morel
guide and the Chamber provides the envelopes, records naives and addresses of respondents,
stuffs, labels, sorts and pays for the postage for those ad responses, as well as delivers bulk mail
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 17
C6-32
to the post office. The Chamber proposes that the fulfillment contract be separate for the
following reasons:
• The amount of responses needing to be fulfilled is a variable that is not predictable.
Thus, it makes more sense for the City to pay on a per piece basis (see attached cost
schedule).
• It is easier to do a cost-analysis comparing the Chamber's charges for fulfillment with
those of actual fulfillment houses. In doing research for preparation of this proposal, the
Chamber found fulfillment houses would charge at least S 1.00 to S 1.50 labor per piece
for completing the same job (the Chamber's labor cost ranges from 5.68 to 5.98
depending on the piece). Future comparisons will be made simpler if fulfillment contract
is separate from Visitor Center contract.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 18
C6-33
Fulfillment Cost Schedule
(Year 1)
The variables:
• How did we get the inquiry? Mail, mail with label supplied., telephone, e-mail
• Which packet are we going to send? (1 oz., or 10 oz. with Visitors Guide)
• Whose material are we using in the packet? (Cir}, or Chamber supplied)
• How are we able to ship the packet? (First class mail, 3rd-class mail, Bulk rate, Bulk rare
with 3-5 digit sort).
1 oz. Packet, all City supplied material except envelope
1 oz. Packet, Tele hone Response (800 or Chamber direct)
Regular Bulk Bulk 3-5 digit sort
Labor .93 .93 .93
Postage .33 .26 .22
Envelope .07 .07 07
Total 1.33 1.26 1.22
1 oz. Packet, Mail Response without label
Regular Bulk Bulk 3-5 digit sort
Labor .78 .78 .78
Postage .33 .26 .22
Envelope .07 .07 .07
Total 1.18 ].11 1.07
1 oz. Packet, Mail Response with label
Regular Bulk Bulk 3-5 digit sort
Labor .68 .68 .68
Postage .33 .26 .22
Envelope .07 .07 .07
Total 1.08 1.01 .97
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 19 06-34
10 oz. Packet with Chamber supplied Visitors Guide
10 oz. Packet, Tele hone Response (800 or Chamber direct)
Regular Bulk Bulk 3-5 digit
Labor .97 .97 .97
Postage 2.31 .62 .60
Envelope .16 .16 .16
Visitors Guide 2.00 2.00 2.00
Total 5.44 3.75 3.73
10 oz. Packet, Mail Response without label
Regular Bulk Bulk 3-5 digit
Labor .82 .82 .82
Postage 2.31 .62 .60
Envelope .16 .16 .16
Visitors Guide 2.00 2.00 2.00
Total 5.29 3.60 3.58
10 oz. Packet, Mail Response with label
Regular Bulk Bulk 3-5 digit sort
Labor .72 .72 .72
Postage 2.31 .62 .60
Envelope .16 .16 .16
Visitors Guide 2.00 2.00 2.00
Total 5.19 3.50 3.48
** The cost for labor, Visitors Guides and envelopes is fixed, while the cost of postage is
contingent upon current rates. Postage rate is subject to change.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 20 C6-35
ATTACHMENT.2
GENERAL TERMS AND CONDITIONS
CONTRACT REQUIREMENTS
.1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten)calendar days after notice of contract award.As a .
precondition to contract execution.
CONTRACT PERFORMANCE
2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all federal, state, county,city,and special district laws, ordinances,
and regulations.
3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply
with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations
and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
6. Safety Provisions. +The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain
such fences, temporary railings,barricades, lights,signs and other devices and take such other protective
measures as are necessary to prevent accidents or damage or injury to the public and employees.
8. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for
the performance of this work that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
9. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not
engage in,nor permit such subcontractors as it may employ, to engage in discrimination in employment
of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of
such persons.
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.
-C6-36
10. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.
11. Inspection. The Contractor shall famish City with every reasonable opportunity for City to ascertain that
the services of the Contractor are being performed in accordance with the requirements and intentions of
this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill
its contract requirements.
12. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials
used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
13. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise, which would conflict in any manner or degree with the
performance of the work hereunder. The Contractor further covenants that, in the performance of this
work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that
no one who has or will have any financial interest in performing this worst is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall
at all times be deemed an independent contractor and not an agent or employee of the City.
14. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify,protect and hold the
City and its agents, officers and employees harmless from and against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees,agents or officers which arise from or are connected with or are caused or claimed to be caused
by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15: Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right,title or interest,or its power to execute such a contract to any individual or business
entity of any kind without the previous written consent of the City.
16. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully
abiding by any term or condition contained herein, the City may notify the Contractor in writing of such
defect or failure to perform; which notice must give the Contractor a 10 (ten)calendar day notice of time
thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the
work or cured the deficiency within the ten days.specified in the notice, such shall constitute a breach of
the contract and the City may terminate the contract immediately by written notice to the Contractor to said
effect. Thereafter,neither party shall have any further duties,obligations,responsibilities,or rights under
the contract except, however, any and all obligations of the Contractor's surety shall remain in full force
and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination,minus
any offset from such payment representing the City's damages from such breach. -The City reserves the
right to delay any such payment until completion or confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its
proposal.
17. 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
C6-37
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.
18. Costs and Attorneys 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.
19. Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be
given to recycled products. The fitness and quality of the recycled product must be at least equal to
unrecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering nonrecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. . Ownership of Materials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or services under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating
of such copies at the Contractor's direct expense.
C6-38 .
ATTACHMENT 3
INSURANCE REQUIR XNTS: CONTRACTk,.6
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as.
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 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 policiesincluding 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
ANLL
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required
coverage. Original endorsements effecting general liability and automobile liabilitycoverage 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 famish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
C6-39
AGREEMENT
TO PROVIDE PROMOTIONAL SERVICES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and; the CHAMBER OF
COMMERCE OF SAN LUIS OBISPO, INC., CALIFORNIA, hereinafter referred to as
Contractor.
WITNESSETH:
WHEREAS,the City desires to contract with the Chamber of Commerce 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, Contractor is qualified for and the office is equipped to carry out such
activities on behalf of the 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 promises, obligations, and
covenants hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date of this
Agreement is made and entered,as first written above,until June 30,2001.
2. INCORPORATION BY REFERENCE. Pages 21-23 of Contractor's
proposal dated March 10, 1999(Attachment 1).
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Dave Garth is hereby designated as the Project Manager for the Contractor. Should
circumstance or conditions subsequent to the execution of this document require a
substitute Project Manager for any reason,the Project Manager designee shall be subject to
the prior written approval by the City Project Manager.
4. CITY'S OBLIGATIONS. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
C6-40
1999-00 2000-01
Promotinal Services $36,400 $37,500
Payment shall be made in four installments, as follows:
• September 1, 1997 $18,200
• January 30, 1998 $18,200
• July 31, 1998 $18,750
• January 31, 1999 $18,750
$73,900
5. CONTRACTOR'S OBLIGATIONS. For and in consideration of the
payments and agreements hereinbefore mentioned to be made and performed by City,
Contractor agrees with City to provide services as described in Attachment 1 attached
hereto and incorporated into this Agreement. The City contracts with the Contractor and
the Visitors and Conference Bureau (VCB) for promotional services. The City also
contracts with an independent agency to provide advertising services. 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, VCB and advertising services
agreements.
6. GENERAL TERMS AND CONDITIONS. Contractor shall meet all
general terms and conditions as specified in Attachment 2.
7. INSURANCE. The Contractor shall procure and maintain for the duration
of the contract insurance which meets the requirements of Attachment 3. As evidence of
this insurance, the Contractor shall provide the City with a Certificate of Insurance and an
Endorsement naming the City as an"Additional Insured".
8. AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective only upon approval by the
Council of the City or its designee.
9. INDEPENDENT CONTRACTOR. Notwithstanding any representations,
oral or written, between the parties, including any and all agents or representatives thereof,
Contractor at all times covered by the terms of this agreement is acting as a free and
independent contractor, not as an agent of the City. Any and all supervision and direction
by any City official, department or body shall be only that necessary to provide broad
general outlines, and Contractor will use its own initiative and discretion in performing the
details of work herein.
10. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference, shall constitute the complete
C6-41
agreement between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or effect,
nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
11. NOTICE. All written notices to the parties hereto shall be sent by United
States mail,postage prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Contractor Chamber of Commerce
1039 Chorro Street
San Luis Obispo,CA 93401
Attn: Dave Garth
12. AUTHORITY TO EXECUTE AGREEMENT. Both City and
Contractor do covenant that each individual executing this agreement on behalf of each
party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
e Jo n, Vty Attorney Dave Garth,President/CEO
C6-42
ATTACHMENT I
PROMOTIONAL PROGRAM CONTRACT PROPOSAL
The Chamber's existing contract provides the city with the following services:
• Research and write news releases
Each year the Chamber sends out a least eighteen news releases abour cin- events and
attractions. The Chamber works with various groups to gather information and develop a
release that will generate maximum media interest. Slides and/or brochures are sometimes
sent out with a release if appropriate. The Chamber handles copying the releases, stuffing,
labeling, sorting and mailing the releases to a media list that includes local contacts and also
contacts throughout the state and across the country.
• Maintain accurate media information
Getting information about San Luis Obispo into the hands of the right people is an
important part of fulfilEng this contract. The Chamber maintains a comprehensive
computer mailing list of more than 300 media outlets throughout the stare and beyond
including newspapers, magazines, radio and TV stations and networks, as well as freelance
travel writers. The list is updated monthly as new contacts are made and is revie%ved
periodically for accuracy.
• Handle media requests
This includes, but is not limited to, sending media packets, developing story ideals,
arranging accommodations and meals for visiting travel writers, updating guidebook
listings, arranging interviews, researching historical data. The Cha nber mainuuns media
information files on a variety of local events and attractions and has a very extensive librlry
of 35mm color slides available for media use.
• Solicit editorial space/time on behalf of the City
This involves personal contact and varies greatly depending on the rype of media and
situation. It can include personal letters, phone calls, meeting with travel writers or the
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 21
C6-43
development of special projects to solicit coverage of Sats Luis Obispo, its events and
attractions.
• Keep records and report to the Promotional Coordinating Committee
The Chamber keeps track of its press contacts and mainrains a clip file for the city. It also
reports its efforts monthly to the Promotional Coordinating Cotntnirree.
San Luis Obispo Chamber of Commerce Contract Review and Proposal
Page 22
C6-44
PROPOSED PROMOTIONAL PROGRAM CONTRACT
The Chamber proposes the following basic service contract along with the following options
for additional service, in an effort to increase media interest/publicity for the city:
Continuation of existing services — $36,420 for 1999-2000, $37,513 for 2000-01
This basic contract for 1999-2000, 2000-01 reflects a three percent increase per year. This
plan will allow the program to continue sending basic releases and providing basic service.
This includes use of a professional staff, comprehensive computer systen (including
software to enable electronic distribution of news releases and media correspondence), a
data base of media contacts developed over 20 years and a reputation for handling their
requests in a professional and timely manner. It also includes the basic maintenance of a
visitor information site on the World Wide Web, maintenance of the Cor ununiry Calendar
of Events on the Web, and $250 per year to help defray the cost of the Internet server.
connection necessary to operate the calendar link.
Option 1 — Press Kit Folder— $2,000 in one year
Travel e d writers receive dozens of press kits and media packets:eve�rydza,
cities across the country are pitching their destinations. Li orde compete with
those cities like Monterey, Santa Bar and San Frai ' o to mune a few, the city must
have a splashy, professional looking pr of house its top-notch Visitors Guide
and other visitor informa ' . re.must never underrate the po of a first impression,
and the qu ' our materials could mean the difference between ending n the front
e of the travel section or ending up in.the recycling bin.
San Luis Obispo Chamber of commerce Contract Review and Proposal
Page 23
C6-45
ATTACHMENT-2
GENERAL TERMS AND CONDITIONS
CONTRACT REQUIREh1ENTS
.1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten) calendar days after notice of contract award.As a
precondition to contract execution.
CONTRACT PERFORMANCE
2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all federal,state, county,city,and special district laws,ordinances,
and regulations.
3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply
with all applicable state and federal laws and county and City of San Luis Obispo'ordinances, regulations
and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
S. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
6. Safety Provisions. .The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the
public or City employees, it shall,at its expense and without cost to the City, furnish, erect and maintain
such fences, temporary railings,barricades, lights,signs and other devices and take such other protective
measures as are necessary to prevent accidents or damage or injury to the public and employees.
8. Immiegam ion Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for
the performance of this work that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
9. Contractor Non-D'Lscrimination. In the performance of this work,the Contractor agrees that it will not
engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment
of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of
such persons.
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 sball constitute evidence of a violation of contract
under this paragraph.
_ C6-46
10. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.
11. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that
the services of the Contractor are being performed in accordance with the requirements and intentions of
this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill
its contract requirements.
12. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials
used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
13. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise, which would conflict in any manner or degree with the
performance of the work hereunder. The Contractor further covenants that, in the performance of this
work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that
no one who has or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall
at all times be deemed an independent contractor and not an agent or employee of the City.
14. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the
City and its agents, officers and employees harmless from and -against any and all claims asserted or
liability established for damages or injuries to any person or property,including injury to the Contractor's
employees,agents or officers which arise from or are connected with or are caused or claimed to be caused
by the acts or omissions of the Contractor, and its agents, officers or employees, ih performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15: Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right,title or interest,or its power to execute such a contract to any individual or business
entity of any kind without the previous written consent of the City.
16. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully
abiding by any term or condition contained herein, the City may notify the Contractor in writing of such
defect or failure to perform; which notice must give the Contractor a 10(ten)calendar day notice of time
thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the
work or cured the deficiency within the ten days.specified in the notice,such shall constitute a breach of
the contract and the City may terminate the contract immediately by written notice to the Contractor to said
effect. Thereafter, neither party shall have any further duties,obligations,responsibilities,or rights under
the contract except, however, any and all obligations of the Contractor's surety shall remain in full force
and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination,minus
any offset from such payment representing the City's damages from such breach. -The City reserves the
right to delay any such payment until completion or confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its
proposal.
17. Naivers. 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
C6-47
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.
18. Costs and Attorneys Fees. The prevailing party in any action between the parties to this agreement
brought to enforce the teras 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.
19. Recycled Products. A ten percent preference, not to exceed one thousand-dollars per contract, will be
given to recycled products. The fitness and quality of the recycled product must be at least equal to
unrecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering nonrecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or services under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compeasatq the Contractor forth costs of duplicating
of such copies at the Contractor's direct expense.
C6-48
a`40 ulcAl L;E REQUIREMENTS: CONTRAC'T'ORS
The Contractor shall procure an, maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scone of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence fora CG 0001).
2. Insurance Services Office foam 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:
L 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 officer;, 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
ANH.
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.
C6-49
AGREEMENT
TO PROVIDE VISITORS AND CONFERENCE SERVICES
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on
this day of , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as City, and; 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 in 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 promises, obligations, and
covenants hereinafter contained,the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement
is made and entered,as first written above,until June 30,2001.
2. INCORPORATION BY REFERENCE. Attachment 2 "General Terms
and Conditions" and Attachment 3 "Insurance Requirements for Contractors" are hereby
incorporated into and made a part of this Agreement.
3. PROGRAM COORDINATION.
A. CITY. The City Administrative Officer or the designated representative
shall be the Project Manager representing the City for all purposes under this agreement.
B. CONTRACTOR Contractor shall assign a single Project Manager to have
overall responsibility for the progress and execution of this agreement for the Contractor.
Jonni Biaggini is hereby designated as the Project Manager for the 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 the City Project Manager.
4. CITY'S OBLIGATIONS. For providing services as specified in
Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contractor
shall receive compensation as follows:
1999-00 2000-01
Marketing and Advertising Services $62,200 $64,100
C6-50
Payment shall be made in four installments as follows:
• Upon signing of contract $31,100
• January 31, 2000 $31,100
• July 31, 2000 $32,050
• January 31, 2001 $32,050
5. CONTRACTOR'S OBLIGATIONS. For and in consideration of the
payments and agreements hereinbefore mentioned to be made and performed by City,
Contractor agrees with City to provide services as described in Attachment 1 "Scope of
Services" attached hereto and incorporated into this Agreement. City contracts with
Contractor and the San Luis Obispo Chamber of Commerce for promotional services and
Barnett Cox & Associates for advertising services. 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, Contractor agrees to make every reasonable
effort to coordinate activities and to identify and avoid duplication of costs associated with
Contractor's,Chamber of Commerce's and Barnett Cox&Associates'agreements.
6. AMENDMENTS. Any amendment, modification, or variation from the
terms of this Agreement shall be in writing and shall be effective only upon approval by the'
Council of the City or its designee.
7. INDEPENDENT CONTRACTOR. Notwithstanding any representations,
oral or written, between the parties, including any and all agents or representatives thereof,
Contractor at all times covered by the terms of this agreement is acting as a free and
independent contractor, not as an agent of the City. Any and all supervision and direction
by any City official, department or body shall be only that necessary to provide broad
general outlines, and Contractor will use its own initiative and discretion in performing the
details of work herein.
8. ASSIGNMENT AND SUBCONTRACTORS. This agreement is for the
performance of professional promotional services of the Contractor and is not assignable by
the Contractor without prior written consent of the City. The Contractor may employ other
specialists to perform special services as required with prior approval by the City.
9. COMPLETE AGREEMENT. This written Agreement, including all
writings specifically incorporated herein by reference, shall constitute the complete
agreement between the parties hereto. No oral agreement, understanding, or representation
not reduced to writing and specifically incorporated herein shall be of any force or effect,
nor shall any such oral agreement, understanding, or representation be binding upon the
parties hereto.
10. NOTICE. All written notices to the parties hereto shall be sent by United
States mail,postage prepaid by registered or certified mail addressed as follows:
C6-51
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor County of San Luis Obispo
Visitors and Conference Bureau
1037 Mill Street
San Luis Obispo,CA 93401
Attn: Jonni Biaggini
11. AUTHORITY TO EXECUTE AGREEMENT. Both City and
Contractor do covenant that each individual executing this agreement on behalf of each
party is a person duly authorized and empowered to execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the day and year fust above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By
Lee Price, City Clerk Allen Settle, Mayor
APPROVED AS TO FORM: CONTRACTOR
*ej By:
ttorney Jonni Biaggini,Executive Director
C6-52
ATTACHMENT 1
Scope of Work
1. Contractor will maintain an office suitable for the conduct of a visitors and conference
bureau. This office shall be open during normal business hours to facilitate contact with
conference representatives.
2. Contractor shall employ personnel qualified in visitors and conference bureau
administration.
3. Contractor shall conduct a visitors and conference bureau on behalf of City as outlined
below or as may be modified from time to time by mutual agreement between the City
and the contractor.
4. The program to be conducted by the Contractor shall include, but not be limited to, the
following:
a) Developing direct sales efforts to attract group business and conferences. Major
markets would include Los Angeles, San Francisco, Sacramento, Bakersfield and
Fresno. A new focus will target reunions, small group business and seniors groups
that will benefit more of the local tourism properties.
b) Attending and representing San Luis Obispo County at those major travel and sales
shows that directly impact our targeted market areas during the contract time period.
c) Coordinating scheduling for potential conference with individual properties in San Luis
Obispo County, including use of the Performing Arts Center.
d) Developing new, coordinated countywide sales materials and brochures to be used in
the marketing program, with care being taken not to duplicate materials developed by
the San Luis Obispo Chamber of Commerce or the City's advertising firm.
e) Creating and implementing a coordinated and planned marketing campaign, stressing
the benefits of the San Luis Obispo area as a destination for visitors, including a
focused campaign for the months of November, December and January.
f) Submitting monthly reports on the progress of the VCB to the Citys Project manager
and the Promotional Coordinating Committee (PCC). Reports will contain information
on countywide activities and a breakdown indicating those items that specifically
benefit the City of San Luis Obispo.
4
g) Acting as the county Film Commission to attract film business to the area.
h) Exploring ways to complete the countywide tourism development plan project as
originally proposed by the VCB in 1995.
i) Participating with the City as appropriate on the City's conversion study.
C6-53GfWW*
San Luis Obispo County Visitors & Conference Bureau
1999/2000 MEDIA PLAN
PUBLICATION INSERTIONS TYPESIZE CIRC COST/ TOTAL
INSERT COST
Magazines
Sunset 3 times Dec/Feb/April 1/3 pg., 4/color 395,000 $4,500 $13,500.00
Magazine Travel Directory Northern CA
Sunset 3 times Nov/Jan/Mar 1/3 pg., 4/color 355,000 $4,218.50 $12,655.50
Magazine Travel Directory Southern CA
CCTC Vs. Gde. 1 time/annual. 1/6 pg., 4/color .75,000 $1,445 $ 1,445.00
sub-total $27,600.50
Newspapers
Los Angeles 1 time per month 4xic" b/w 1,450,000 $1,500 $10,500.00
Times Oct, Nov, Jan, Feb, Sunday edition
Newspaper Mar, Ap, May
Los Angeles Travel Guides Visitor Guide Sunday $1,166 $ 3,500.00
Times NP Sept/Feb/A
Amtrak/Coast 4 times/ 1/8 page2/c (4/c 40,000/ $ 500 $ 2,000.00
Starlight Jan, Feb, Mar, Nov dealquote) month
Amtrak/Coast 4 times/ destination info. 40,000/ n/c with n/c w/ad
Starlight Jan, Feb, Mar, Nov directory month 1/8 pg ad
San Jose 1 time per month 4/inch-1 col 342,902 $ 500 $3,000.00
Mercury News Oct thru Mar Sunday edition
Fresno Bee 1 time per month Sunday edition 204,000 n/c co-op n/c co-op
Newspaper Septthru Mar(co-op) travel section
Bakersfield 1 time per month Sunday edition 90,600 n/c co-op n/c co-op
Californian NP Sept thru Mar(co-op) travel section
sub-total $'19,000.00
Intemet Adv.
The Tribune monthly Banner/golf $ 50 $ 600.00
The Tribune monthly Banner/wine $ 50 $ 600.00
sub-total $ 1,200.00
TOTAL MEDIA $47,800.50
Date Approved via Marketing Committee: July 23, 1999
CCTC actual total cost inserted: Reissue dateAugust11, 1999
wp/bu r.Autl!ru54'wpd
ATTACHMENT-2
GENERAL TERMS AND CONDITIONS
CONTRACT REQUIREMENTS
.1. Insurance Requirements. The Contractor shall provide proof of insurance in the form coverages and
amounts specified in Attachment 3 to this contract within 10(ten)calendar days after notice of contract award.As a
precondition to contract execution.
CONTRACT PERFORMANCE
2. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all
capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work
hereunder in compliance with any and all federal, state,county,city,and special district laws,ordinances,
and regulations.
3. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply
with all applicable state and federal laws and county and City of San Luis Obispo'ordinances, regulations
and adopted codes during its performance of the work.
4. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor
is required to pay.
5. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary.
6. Safety Provisions. +The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
7. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the
public or City employees, it shall, at its expense and without cost to the City,furnish, erect and maintain
such fences, temporary railings, barricades, lights, signs and other devices and take such other protective
measures as are necessary to prevent accidents or damage or injury to the public and employees.
8. 7mm bbration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for
the performance of this work that only persons authorized to work in the United States pursuant to the
Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the
performance of the work hereunder.
9. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not
engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment
of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of
such persons.
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 fording 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.
10. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the services provided by the Contractor.
11. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that
the services of the Contractor are being performed in accordance with the requirements and intentions of
this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill
its contract requirements.
12. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials
used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor.
13. Iriterests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire
any interest direct or indirect or otherwise, which would conflict in any manner or degree with the
performance of the work hereunder. The Contractor further covenants that, in the performance of this
work,no subcontractor or person having such an interest shall be employed. The Contractor certifies that
no one who has or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall
at all times be deemed an independent contractor and not an agent or employee of the City.
14. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the
City and its agents, officers and employees harmless from and -against any and all claims asserted or
liability established for damages or injuries to any person or property, including injury to the Contractor's
employees, agents or officers which arise from or are connected with or are caused or claimed to be caused
by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work
or services herein, and all expenses of investigating and defending against same; provided, however, that
the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or employees.
15. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest,or its power to execute such a contract to any individual or business
entity of any kind without the previous written consent of the City.
16. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully
abiding by any term or condition contained heroin, the City may notify the Contractor in writing of such
defect or failure to perform; which notice must give the Contractor a 10(ten)calendar day notice of time
thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the
work or cured the deficiency within the ten days.specified in the notice, such shall constitute a breach of
the contract and the City may terminate the contract immediately by written notice to the Coatmetor to said
effect. Thereafter,neither party shall have any further duties,obligations,responsibilities,or rights under
the contract except, however, any and all obligations of the Contractor's surety shall remain in full force
and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from the
beginning date in which the broach occurs up to the day it received the City's Notice of Termination,minus
any offset from such payment representing the City's damages from such breach. -The City reserves the
right to delay any such payment until completion or confirmed abandonment of the project, as may be
determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its
proposal.
17. 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
C6-56
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.
18. Costs and Attorneys 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.
19. Recycled Products. A ten percent preference, not to exceed one thousand-dollars per contract, will be
given to recycled products. The fitness and quality of the recycled.product must be at least equal to
uarecycled products as determined by the City. The preference percentage shall be based on the lowest
price quoted by the supplier or suppliers offering noarecycled products. Price preferences may be offered
in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled
product or material will result in greater long-term savings to the City.
20. Ownership of Dlaterials. All original drawings, plan documents and other materials prepared by or in
possession of the Contractor as part of the work or services under these specifications shall become the
permanent property of the City, and shall be delivered to the City upon demand.
21. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Contractor is required to furnish in limited
quantities as part of the work or services under these specifications, the Contractor shall provide such
additional copies as are requested, and City shall compensate,the Contractor for the costs of duplicating
of such copies at the Contractor's direct expense.
C6-57
n' 1HUnmtivT 3
INSURANCE REQUI' MENTS: CONT7RA.C' RS
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scone of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
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,lured 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.
-Acceptabilityof Insurers. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than
ANII.
Verification of Covera e. 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 .
Us 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.
C6-58