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HomeMy WebLinkAboutEvents Promotion Services 2009THIS AGREEMENT is made and entered into in the City of San Luis Obispo o this 6-17+day of kl,t,&bt sr ,2009 by and between the CITY OF SAN LUIS OBISPO a municipal corporation, hereinafter referred to as City, and, th e MMERGE, INC :;;a nonprofit corporation, hereinafter referre d to as Contractor . WITNESSETH : WHEREAS,the City desires to contract with the Chamber of Commerce t o promote its advantages as a destination for tourists through events promotionefforts , disseminate visitor information at various events in the City, and promote the City's attractions and event calendar to event visitors . WHEREAS,Contractor has an established relationship with the City's Grants-in - Aid recipients and major cultural, social, and recreational events in San Luis Obispo ; an d WHEREAS,Contractor provides event related services through the Visitors Cente rand the visitslo .com website ; NOW THEREFORE,in consideration of their mutual promises, obligations, an d covenants hereinafter contained, the parties hereto agree as follows : 1.TERM .The term of this Agreement shall be from July 1, 2009 until Jun e 30, 2010 . 2.INCORPORATION BY REFERENCE .The scope of work, attached a s Exhibit A to this agreement is incorporated herein by reference . 3.REPRESENTATION FOR PROGRAM COORDINATION . 3 .1 City.The City Manager or his or her designated representative shall b e the ,Project Manager representing the City for all purposes under this agreement . 3 .2 Contractor .Contractor shall assign a single Project Manager to hav e overall responsibility for the progress and execution of this agreement for the Contracto r at the commencement of the term of this agreement . Lindsey Miller, Marketing Directo r of Contractor, is designated as the Project Manager . Should circumstances or condition s subsequent to the execution of this document require a substitute Project Manager fo r any reason, the Project Manager designee shall be subject to the prior written approval b y the City Project Manager . 4.CITY'S OBLIGATIONS .For providing services as specified in Exhibit A t o this Agreement, and upon receipt of monthly invoices with attached copies of work orde r forms, bills, and detailed billable hours (reflecting the time spent, the employee, and the • activity undertaken), the City agrees to pay to contractor 12 monthly payments of a retainer in the amount of Two Thousand Nine Hundred Dollars ($2,900)per month plu s up to, and no more than,Nineteen Thousand Five Hundred Dollars ($19,500)fo r expenses pertaining to promotional pieces and giveaways as billed for a total event s promotion services allocation not to exceed Fifty Four Thousand Three Dollar s ($54,300)for FY 2009-2010 . 5.CONTRACTOR'S OBLIGATIONS . 5 . 1 . Scope of Work - Exhibit A .For and in consideration of City's promises and the payment obligations, Contractor shall provide services as described i n Exhibit A attached hereto and incorporated by reference into this Agreement . 5 .2 . Coordination of Efforts with other Contractors .Contracto r acknowledges the potential for duplication of efforts and costs as a result of the City's agreements with other contractors under its Community Promotions program . To coordinate efforts, Contractor shall participate in monthly meetings of the Promotiona l Coordinating Committee' and its Marketing Subcommittee, and shall provide a 60-da y action plan at the meeting . In performing its services under this agreement, the Contracto r agrees to make every reasonable effort to coordinate activities and to identify and avoi d duplication of costs associated with the Promotional Services . 5 .3 Promotion of City Properties .Contractor agrees during its promotio n of City and fulfillment of the terms of this Agreement that it shall promote all City of Sa n Luis Obispo lodging properties, whether or not they are member of the San Luis Obisp o Chamber of Commerce . Contractor specifically acknowledges that this promotional effor t could require the production of separate materials to include non-member lodgin g properties on an information list and a link on the visitslo .com website to a list of non - member properties . 6.GENERAL TERMS AND CONDITIONS .Contractor shall meet all genera l terms and conditions as specified in Exhibit B, attached and incorporated herein b y reference . 7.INSURANCE The Contractor shall procure and maintain for the duration o f the contract insurance which meets the requirements of Exhibit C, attached an d incorporated herein by reference . As evidence of this insurance, the Contractor shal l provide the City with both, a Certificate of Insurance and an Endorsement naming the City as an "Additional Insured". 8.AMENDMENTS .Any amendment, modification, or variation from the term s of this Agreement shall be in writing and shall be effective only upon approval by the Cit y Council, or the City Manager for amounts up to the authority granted to the City Manage r by the City Council . 9.INDEPENDENT CONTRACTOR .Notwithstanding any representations , oral or written, between the parties, including any and all agents or representative s thereof, Contractor at all times covered by the terms of this Agreement is acting as a fre e 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 provid e broad general outlines, and Contractor will use its own initiative and discretion i n performing the details of work herein . 10.COMPLETE AGREEMENT .This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreemen t between the parties hereto . No oral agreement, understanding, or representation no t reduced to writing and specifically incorporated herein shall be of any force or effect, no r shall any such oral agreement, understanding, or representation be binding upon th e parties hereto . 11.NOTICE .All written notices to the parties hereto shall be sent by Unite d States mail, postage prepaid by registered or certified mail addressed as follows : City Clerk City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Chamber of Commerc e 1039 Chorro Stree t San Luis Obispo, CA 9340 1 Attn : Dave Gart h 12.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor d o 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 Corporatio n City Contracto r .,ai i C'"Jerk By David F . Romero, Mayo r APPROVED AS TO FORM :CONTRACTO R By : Dave Garth, President/CE O San Luis Obispo Chamber of Commerce EXHIBIT A SCOPE OF WORK FOR EVENTS PROMOTION SERVICE S 1.Create an Events Promotion program that capitalizes from the wealth of local event s and increase their visibility and utilize them as an point of departure to attract visitor s to San Luis Obispo . The program will provide : 1 .1 Collaboration with marketing directors to attract media to the event and offer t o host the press trip during the event . 1 .2Create event package to sell to potential visitors . 1 .3Offer PR advice and help with executing PR plans . 1 .4 Promotion of the event through the Visitors Center and the visitslo .com website . 2.The Contractor will utilize selected events as determined by the Promotiona l Coordinating Committee to promote the City of San Luis Obispo as a touris m destination to patrons at the events by having a booth at the event . Contractor wil l be present to promote SLO Tourism at events such as National Train Day in Lo s Angeles, Plein Air Festival, Festival Mozaic, SLO Vintners events, City-to-Se a Marathon, SLO Film Festival, Culinary Carnival, Cal Poly Open House, Cal Pol y Homecoming, Pride in the Plaza, SLO Triathlon, SLO Symphony, Arts Obispo, etc . 3.Contractor will produce promotional materials and giveaways to take to the event s and hand-out at the booth . 4.Contractor will develop two special promotional campaigns dictated by curren t tourism interest trends such as HikeSLO, BikeSLO, OutdoorSLO, and/o r WineCountrySLO . 5.Produce, design, and send out an e-blast newsletter to the current data base o f registered recipients of the San Luis Obispo newsletter . 6.Provide written reports on Event Promotion activities monthly (by noon on the first Wednesday of the month)to the City of San Luis Obispo's Administratio n Department to be included in the PCC's meeting packets . At a minimum the reports shall include : 6 .1 . Summary of activities & achievements relating to work scope as outlined i n Appendix A 6 .2 . Summary of collaborations with strategic alliances during the reporting period . 6 .3 . Summary of events promoted or represented San Luis Obispo at . 6 .4 . Statistical Summary of people reached during events . 6 .5 . Summary of outreach efforts on behalf of event organizations . 6 .6 . Summary on generated media coverage for events . 7. Once a quarter, present the PCC with a detailed oral report highlightin g achievements as compared to the work scope and elaborate on upcoming plan s and events . S .