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HomeMy WebLinkAboutPromotional Services 2001AGREEMENT TO PROVIDE PROMOTIONAL SERVICE S THIS AGREE NT is made and entered into in the City of San Luis Obispo o n this ~,ay of ) by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and ; the SAN LUI S OBISPO CHAMBER OF COMMERCE, INC ., a nonprofit corporation, hereinafter referre d to as Contractor. WITNESSETH : WHEREAS, the City desires to contract with the Chamber of Commerce to promot e its advantages as a tourist and recreational center , WHEREAS, arranging and obtaining favorable coverage about the . City n the various news media is an integral part of its promotion as a ti)urist and recreational center ; and WHEREAS, Contractor is qualified for and the office is equipped to carry out suc h activities on behalf of the City, and is in a position to accomplish such aims and purposes o f the City in an efficient and economical manner ; 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 the date of thi s Agreement is made and entered, as first written above, until June 30, 2003 . 2.INCORPORATION BY REFERENCE .Pages 19-20 of Contractor's proposal dated April 11, 2001 (Exhibit A). 3 .PROGRAM COORDINATION . A.CITY. The City Administrative Officer or the designated representativ e shall be the Project Manager representing the City for all purposes under this agreement . B.CONTRACTOR .Contractor shall assign a single Project Manager to hav e 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 t o the prior written approval by the City Project Manager . 4 . CITY'S OBLIGATIONS . For providing services as specified i n Attachment 1 to this Agreement, City agrees to cooperate with Contractor and Contracto r shall receive compensation as follows : 2001-0 2 Promotional Services $38,600 Payment shall be made in four installments, as follows : $19,300•September 1, 200 1 •January 30, 2002 $19,300. •July 31, 2002 $19,900 •January 31, 2003 $19,900 $78,400 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 an d the Visitors and Conference Bureau (VCB) for promotional services . The City als o contracts with an independent agency to provide advertising services . Contracto r 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 duplicatio n of costs associated with the Promotional Services, VCB and advertising service s agreements . 6. GENERAL TERMS AND CONDITIONS .Contractor shall meet all general terms and conditions as specified in Exhibit B . 7.INSURANCE .The Contractor shall procure and maintain for the duratio n of the contract insurance which meets the requirements of Exhibit C . As evidence of thi s 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 th e terms of this Agreement shall be in writing and shall be effective only upon approval by th e Council of the City or the City Administrative Officer (CAO), up to the authority granted t o the CAO by Council . 9.INDEPENDENT CONTRACTOR .Notwithstanding any representations , oral or written, between the parties, including any and all agents or representatives thereof , Contractor at all times covered by the terms of this agreement is acting as a free and independent contractor, not as an agent of the City .Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broa d /2002-03 ,) % $39,800 ;I general outlines, and Contractor will use its own initiative and discretion in performing th e details of work herein . 10.COMPLETE AGREEMENT . This written Agreement, including al l writings specifically incorporated herein by reference, shall constitute the complet e 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 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 Obispo 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 Garth 12.AUTHORITY TO EXECUTE AGREEMENT .Both City an d Contractor do covenant that each individual executing this agreement on behalf of eac h 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 . City Contractor CITY OF SAN LUIS OBISPO , A Municipal Corporation Lee Price City Clerk .APPROVED AS TO FORM :CONTRACTO R .By: Dave Garth, President/CEO PROMOTIONAL PROGRAM CONTRACT PROPOSA L The Chamber's existing contract provides the city with the following services : Research and write news release s Each year the Chamber sends out a least eighteen news releases about city events an d attractions . The Chamber works with various groups to gather information and develop a release that will generate maximum media interest . Slides and/or brochures ar e sometimes sent out with a release if appropriate . The Chamber handles distribution of th e releases and follow up with local media contacts and media contacts throughout the stat e and across the country . 3•Maintain accurate media Informatio n Getting information about San Luis Obispo into the hands of the right people is a n important part of fulfilling this contract . The Chamber maintains a comprehensiv e .computer mailing list of more than 300 media outlets throughout the state and beyon d including newspapers,_magazines, radio and TV stations and networks, as well a s freelance travel writers . The list is updated as new contacts are made and is reviewe d periodically for accuracy . • Handle media requests and pitch story ideas This.includes, but is not limited to, sending media packets, developing story ideas , arranging accommodations and meals for visiting travel writers, updating guideboo k listings, arranging interviews, researching historical data . The .Chamber maintains : medi a information files on a variety of local events and attractions and has a very extensiv e library of 35mm color slides and Photo CDs available for media use . •Solicit editorial space/time on behalf of the City This involves personal contact and varies greatly depending on the type of media an d situation. It can include personal letters, •ho I -.s, meeting with travel writers or the : development of special projects to solicit coverage of San Luis Obispo, its events an d attractions: • Keep records and _report to the Promotional Coordinating Committee The Chamber keeps track of its press contacts and maintains a clip file for the city .It also reports its efforts monthly to the Promotional Coordinating Committee . San Luis Obispo Chamber of Commerce Contract Review and Proposal Page 19 PROPOSED PROMOTIONAL PROGRAM CONTRAC T The Chamber proposes the following basic service contract : Continuation of existing services — $38,638 for 2000-01, $39,797 for 2002-0 3 This basic contract for 2001-02, 2002-03 reflects a three percent increase per year . This plan will allow the program to continue sending basic releases and providing basi c service . This includes use of a professional staff, comprehensive computer syste m (including software to enable electronic distribution of news releases and medi a 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 Community Calendar of Events on the Web, and $250 per year to help defray the cost o f the Internet server connection necessary to operate the calendar link. San Luis Obispo Chamber of Commerce Contract Review and Proposa l Page 20