HomeMy WebLinkAbout04/20/1993, C-6 - ADVERTISING SERVICES 9 I
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COUNCIL AGENDA REPORT 'TEM NUMBER: /J
FROM: Ken Hampian, Assistant City Administrative Office
Prepared by: David Gray, Administrative Analyst /
SUBJECT: Advertising Services
CAO RECOMMENDATION: Approve a Request for Proposals for the Advertising Services
contract for Fiscal Year 1993-94, with an option to renew for 1994-95.
DISCUSSION:
Background
The Promotional Coordinating Committee (PCC) solicits proposals from area advertising
agencies, marketing consultants and others in related fields for city advertising services on
behalf of the City Council. The purpose of the advertising is to promote overnight travel
to the city of San Luis Obispo, thereby generating revenues for the City and the PCC
through the Transient Occupancy Tax. Proposals are reviewed by the Advertising
Subcommittee of the PCC and qualified applicants are invited to make presentations to the
committee at a public meeting. Following the presentations, the PCC ranks the applicants
and forwards its recommendations to the City Council. The Council selects the successful
applicant and the City enters into an Agreement for Professional Services (contract) with
the designated agency (Exhibit A).
The agency selected conducts an advertising campaign on behalf of the City for the budget
term. The PCC provides direction to the agency through the City Program Manager (the
City Administrative Officer or their designee), the Advertising Subcommittee, and the
general committee. A multi-media campaign is produced, focusing on highly effective media
from past experience, such as travel magazines and cable television spots. The agency
provides monthly reports to the PCC and the Council Liaison Members.
RFP Process for 1993-95
The PCC has developed an RFP process for 1993-95 based on minor updated revisions of
previous RFP's and Council direction. For example, the dollar amount of the contract
cannot be specifically stated at this time. The PCC added language to the proposed RFP
for 1993-95 (Attachment 1) on page one, paragraph 5, shown underlined as follows: For
purposes of this proposal. the budget for advertising services is considered to be Eighty-Nine
Thousand Dollars ($89,000) per year. The exact amount will be determined by City Council
budget adoption in June 1993.
Under items that the Contractor will be responsible for, the PCC added Paragraph 8 as
follows: 8. Executing a standard Agreement to Provide Professional Services, including
evidence of motor vehicle liability insurance coverage for all vehicles operated
in the course of business. A copy of the standard agreement with insurance
requirements is attached.
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WMIGe COUNCIL AGENDA REPORT
! The RFP mailing list (Attachment 2) was reviewed and revised to include the largest
possible field of local applicants with the additional listings based on past applications,
requests to be on future mailing lists, current listings in the telephone directory, and
consultation with providers.
The RFP continues to ensure the provision of a professional quality product, financial
accountability, methods for measuring effectiveness, coordination with other City
promotional efforts, and ongoing reports to the PCC on activities.
RFP's must be submitted to the City by May 10, 1993 to provide time for committee review
and recommendation for Council action in June 1993. The RFP as recommended by the
PCC describes the .purpose and process for the proposal for advertising services,
responsibilities of the contractor, required contents of the proposal, selection procedures to
be followed by the PCC and the Council, criteria for selection such as experience and
quality of programs, and the status of the advertising agency as an independent contractor.
CONCURRENCE:
The PCC Advertising Subcommittee and the general committee have reviewed and
approved the RFP as submitted to the Council (Attachment 1).
FISCAL IMPACT:
The City has allocated $89,000 for an advertising campaign in the current fiscal year. Based
on Council direction at the.March 13 budget workshop, the amount should be no less for
1993-94 and 1994-95, and could be increased somewhat in conjunction with an increase,in
the TOT from 9% to 10%. Council will determine the precise level with the adoption of
the budget.
ATTACHMENTS:
1. Request for Proposals
2. Alphabetical Solicitation List
3. Exhibit A--Professional Services Agreement to Provide Advertising Services (1992-93)
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REQUEST FOR PROPOSALS FOR ADVERTISING SERVICES
FOR THE CITY OF SAN LUIS OBISPO
The City.of San Luis Obispo has traditionally conducted an advertising campaign to promote
San Luis Obispo as a visitor destination to enhance the economic well-being of City
residents and businesses. The primary purpose of the campaign is to encourage overnight
travel to San Luis Obispo from other parts of California. The promotional efforts are
coordinated by the Promotional Coordinating Committee (PCC), a seven-member advisory
body to the City Council. In addition to the advertising campaign, the City currently
contracts with the San Luis Obispo Chamber of Commerce for visitor services and
additional non-advertising promotional and public relations services. The City also
contributes to the San Luis Obispo County Visitors and Conference Bureau. Coordination
with these programs will be essential for a successful campaign.
The City has found that the public interest and welfare will be served by the solicitation for
advertising services to conduct a comprehensive campaign that includes direct advertising
to targeted California markets, as well as alternative advertising methods, and which
provides a means to clearly evaluate the effectiveness of the campaign.
It is the intention of the City of San Luis Obispo on the 10th day of May 1993 by 5:00 p.m:,
in the City Clerk's Office, 990 Palm Street, San Luis Obispo, CA, to receive proposals for
the specific advertising services described in the following paragraphs. Mailed proposals
should be posted to the City of San Luis Obispo, P. O. Box 8100, San Luis Obispo, CA
93403-8100, and be received in the City Clerk's Office .by the date and hour noted above.
All proposals should be clearly marked "ADVERTISING SERVICES PROPOSAL" in the
lower left corner of the mailing or delivery envelope. Late proposals or oral proposals will
not be considered.
The City reserves the right to reject any and all proposals. Selection of any proposer for
such advertising services shall be the exclusive judgement of the City Council. If the City
accepts a proposal, a professional services contract will be awarded to the proposer selected
by the City. The term of the advertising contract is two years running from July 1993
through June 1995.
For purposes of this proposal, the budget for direct advertising and marketing services is
considered to be Eighty-Nine Thousand Dollars ($89,000) per year. The exact amount will
be determined by City Council budget adoption in June 1993.
THE CONTRACTOR WILL BE RESPONSIBLE FOR THE FOLLOWING:
1. Planning, preparing and implementing an advertising campaign, on the City's behalf,
subject to PCC recommendation and City Council approval.
2. Providing account services such as, but not limited to, ad concept, design and
production, media buys and placement, and additional services as needed. Also,
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
ATTACHMENT 1
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fee or accept a commission. If collecting a fee, agencies are required to dedicate the
commission amount to the purchase of additional advertising.
3. Designing and conducting a program to monitor effectiveness of the advertising
campaign, including but not limited to advertising responses.
4. Establishing and maintaining an effective working relationship with the PCC. Liaison
between the PCC and Contractor will be with the PCC Advertising Subcommittee.
Scheduled meetings will be on an "as needed" basis with PCC Advertising
Subcommittee and Contractor to refine and adjust campaign objectives as
recommended by the PCC.
5. Providing the PCC with timely, written monthly reports one week prior to the regular
meeting on the status of all aspects of the advertising campaign, including market
response results. Attending monthly PCC meetings to discuss campaign activities.
6. Planning and commissioning any research activity that the PCC/City Council may
require. This includes suggestions for and methods of continuing evaluation for the
effectiveness of advertising campaigns.
7. Coordinating activities of the advertising campaign with promotional services
provided by the San Luis Obispo Chamber of Commerce and the San Luis Obispo
County Visitors and Conference Bureau. Establishing effective working relationships
with staff of the organizations referenced above, and other City bodies to achieve
coordinated and efficient use of all available resources, avoiding a duplication of
efforts.
8. Executing a standard Agreement to Provide Professional Services,including evidence
of motor vehicle insurance coverage for all vehicles operated in the course of
business. A copy of the standard agreement with insurance requirements is attached.
EACH PROPOSAL PACKAGE MUST CONTAIN THE FOLLOWING STATEMENTS
AND INFORMATION TO BE CONSIDERED FOR .SELECTION:
1. Statement of proposed workscope. The workscope should:
■ cover one fiscal year (July 1993 through June 1994, with option for PCC to
renew for a second year)
® summarize the advertising campaign
■ state the objectives of, and general approach (philosophy) toward, the
advertising campaign
■ state the specific strategy for achieving the above objectives (i.e., include a
general schedule of media placement and other activities) '
■ include a budget for the campaign and a fee schedule for services to be
provided
® identify the agency program manager and key personnel responsible for the
campaign such as copy and design/production personnel, and any
subcontractors.
2. Resume of professional experience and samples of previous work (presentation of
portfolio, including work for existing clients and evidence of strategic thinking and
problem solving ability will be requested of those proposers who are selected for
interviews). These materials will become the property of the City of San Luis
Obispo.
3. A list of three professional references, including names and telephone numbers of
current clients.
The filing of such statements as described above shall constitute permission by the proposer
for the City to verify information contained in such statements. Additional information may
be requested from the proposer. Failure to comply with any such request may disqualify a,
proposer from further consideration. Proposals are public documents and may be subject
to review and discussion in public session of the City Council and the PCC.
SELECTION PROCEDURES
The PCC will review all proposals. In addition, the PCC may request interviews with each
proposer. Selection of the proposal which meets the needs of the City of San Luis Obispo
will be accomplished by the City Council upon recommendation by the PCC.
SELECTION OF THE BEST RESPONSIBLE PROPOSALS WILL BE BASED UPON
THE FOLLOWING CRITERIA:
1. Proposer's experience in advertising services, which may include services to public
agencies.
2. The quality and nature of proposed programs to be implemented for advertising
services. (Innovative concepts and alternative approaches, in addition to direct
advertising campaigns, are desirable.)
The PCC will review, evaluate and rank the proposals. The City Council will make the final
decision to award a contract.
ADVERTISING SERVICE.AS INDEPENDENT CONTRACTOR:
In the event the City accepts a given proposal, the successful proposer shall agree that, at
all times covered by the agreement, the proposer is acting as an independent contractor, not
as an employee of the City, and as such, shall not accrue or be eligible for vacation, sick
leave,workers'compensation,unemployment insurance benefits,medical insurance,or other
similar benefits available to City employees. Any promotional service agreement with the
City to provide the services referenced shall not be assignable without prior written consent
of the City.
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ALPHABETICAL SOLICITATION LIST FOR
RFP MAILING
Barnett Cox & Associates
992 Monterey Street, #B
San Luis Obispo, CA 93401
Brown & Clarkson Advertising
8437 Empresa Drive, Suite D
San Luis Obispo, CA 93401
Catalyst Communication Arts
2241 Boulevard Del Campo
San Luis Obispo, CA 93401
Coast and County Graphic Services
3436 Sacramento Drive
San Luis Obispo, CA 93401
Connections
846 Higuera Street
San Luis Obispo, CA 93401 —'
DCO Graphic Design
793 Higuera Street
San Luis Obispo, CA 93401
Dealers Network Exchange Magazine
470 Price Street
Pismo Beach, CA 93449
Design, ETC.
738 Higuera Street
San Luis Obispo, CA 93401
Genesport Marketing SLO
11295 Los Osos Valley Road, Suite 23
San Luis Obispo, CA 93401
Gregory Gray
P.O. Box 3146
Shell Beach, CA 93448
ATTACHMENT 2
Image Design Graphics
738 Higuera Street
San Luis Obispo, CA 93401
Ipekjian Design Verbatim
1012 Pacific Street
San Luis Obispo, CA 93401
Johnson Graphic Design
2275 Flora Street
San Luis Obispo, CA 93401
Karlene Design
P.O. Box 12238
San Luis Obispo, CA 93401
Kornreich Gleason Design
385 Higuera Street
San Luis Obispo, CA 93401
Mark Leunis Advertising
23875 Ventura Blvd., Suite 203-A
Calabasas, CA 91302
LK Enterprises
P.O. Box 362
Cayucos, CA 93430
MBW Advertising Design
P.O. Box 4828
San Luis Obispo, CA 93406
The Media Store
1464 Auto Park Way
San Luis Obispo, CA 93401
Pandora & Co.
350 Mitchell Drive
Los Osos, CA 93402
Pointline Media
5690 West Mall
Atascadero, CA 93422
Porter Design
846 Higuera Street
San Luis Obispo, CA 93401
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Pierre Rademaker Design
738 Higuera Street
San Luis Obispo, CA 93401
Ricard Marketing Communications
P.O. Box 318
Morro Bay, CA 93443
Rob's House of Marketing
3580 Sacramento Drive
San Luis Obispo, CA 93401
Rocglo Promotions
P.O. Box 619
Arroyo Grande, CA 93420
S.J. Francis & Associates
1137 Vista Lago
San Luis Obispo, CA 93401
Steve Simper
Stonehedge Enterprises
1445 Prefumo Canyon, #24 O
San Luis Obispo, CA 93405
Studio Works in Original Design
1331 Archer
San Luis Obispo, CA 93401
Studio 101
3485 Sacramento Drive
San Luis Obispo, CA 93401
Suggs Lombardi Advertising
520 Higuera Street
San Luis Obispo, CA 93401
Swanson Design
3485 Sacramento Drive
San Luis Obispo, CA 93401
Tom Jones Advertising
11555 Los Osos Valley Road
San Luis Obispo, CA 93401
Wildfire Marketing Communications
846 Higuera Street, Suite 5
San Luis Obispo, CA 93401
A-62-92-CC EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE ADVERTISING SERVICES
This agreement is made.this 7th day of July , 1992 by and
between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to as"City'), and
BARNETT COX & ASSOCIATES OF SAN LUIS OBISPO, (hereinafter referred to as
"Contractor").
WITNESSETH:
WHEREAS, City desires to retain certain professional services in conjunction with
an advertising program as recommended by the Promotional Coordinating Committee
(PCC). The services being provided by the Contractor under this contract are
professional advertising services to facilitate and implement the specific components of
the program; and
WHEREAS, City desires to engage Contractor to provide these services by reason
of its qualifications and experience for performing such services, and Contractor has
offered to provide the requested services on the terms and in the manner set forth herein.
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto
agree as follows:
1. PROGRAM COORDINATION:
a. DM. The City Administrative Officer, or a designated representative, shall
be the Program Manager representing the City for all purposes under this
agreement. They shall supervise the progress and execution of this
agreement.
b. CONTRACTOR. Contractor shall assign a single Program Manager to have
overall responsibility for the progress and execution of this agreement for
Contractor. Maggie Cox is hereby designated as the Program Manager for
Contractor. Should circumstances or conditions subsequent to the
execution of this document require a substitute Program Manager for any
reason, the Program Manager substitution shall be subject to the prior
written approval of the City Program Manager.
2. DUTIES OF CONTRACTOR:
a. Services to be furnished. Under general direction of the City Program
Manager, Contractor shall provide all specified services as set forth in
"Exhibit A", attached hereto and incorporated herein by this reference, or as
amended by the City Council.
b. Laws to be observed. Contractor shall:
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Advertising Services Contract
1. Procure all permits and licenses, pay all charges and fees, and give
all notices which may be necessary and incidental to the due and
lawful prosecution of the services to be performed by Contractor
under this agreement.
2. Keep itself fairly informed of all existing and proposed federal, state
and local laws, ordinances, regulations, orders, and decrees which
may affect.those engaged or employed under this agreement, and
materials used in Contractor's performance under this agreement, or
the conduct of the services under this agreement;
3. At all times observe and comply with, and cause all of its employees
to observe and comply with, all of said laws, ordinances, decrees and
orders mentioned above.
4. Immediately report to the City's Program Manager in writing any
discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders and decrees mentioned above in relation to plans,
drawings, specifications, or provisions of this agreement.
C. Release of reports and information. Any reports, information, data or other
material given to, or prepared or assembled by, Contractor under this
agreement shall be the property of City and shall not be made available to
any individual or organization by Contractor, except the Chamber of
Commerce and the Visitors and Conference Bureau,without the prior written
approval of the City's Program Manager.
d. Copies of reports and information. If City requests additional copies of
reports, drawings, specifications, or any other material in addition to what
the Contractor is required to furnish in limited quantities as part of the
services under this agreement, Contractor shall provide such additional
copies as are requested, acid City shall compensate Contractor for the costs
of duplicating of such copies at Contractor's direct expense.
e. Oualifications of Contractor. Contractor represents that it is qualified to
furnish the services described under this agreement.
f. In addition to the Advertising Services Agreement, the City may contract
with the Chamber of Commerce and the San Luis Obispo County Visitors
and Conference'Bureau (VCB) for visitors and promotional services. The
Contractor acknowledges the potential for duplication of efforts and costs
as a result of these contracts with the City. In performing its services under
this agreement, the Contractor agrees to make every reasonable effort to -
coordinate activities and to identify and avoid potential duplication of costs )
associated with the VCB and Chamber of Commerce agreements.
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3. DUTIES OF CITY
City agrees to cooperate with Contractor in its performance of that work described
in Exhibit "A", attached hereto and incorporated by this reference, or amended
work plans approved by the City Council. The City Program Manager shall work
closely with the PCC and will incorporate its comments, guidance and desires into
the administration and execution of this contract to the degree that such is
reasonable and feasible.
4. COMPENSATION
Contractor will bill City and be compensated in accordance with Exhibit "A",
attached hereto and incorporated by this reference, as currently exists or may be
amended.
5. TIME FOR COMPLETION OF WORK
Program is for a one year period commencing July 1, 1992 and ending June 30,
1993. Contractor shall perform services in a timely manner with direction and
guidance from City Program Manager and PCC. Contractor acknowledges timing
is at the sole discretion of City.
6. TEMPORARY SUSPENSION
The City Program Manager shall have the authority to suspend this agreement
wholly or in part, for such period as is deemed necessary due to unfavorable
conditions or to the failure on the part of the Contractor to perform any provision
of this agreement. Contractor will be paid the compensation due and payable to
the date of temporary suspension.
7. SUSPENSION AND TERMINATION
a. Right to terminate. The City retains the right to terminate this agreement
for any reason by notifying the Contractor in writing sixty (60) days prior to
termination and by paying the compensation due and payable to the date
of termination; provided, however, if this agreement is terminated for fault
of Contractor, City shall be obligated to compensate Contractor only for that
portion of Contractor services which are of benefit to City. Said
compensation is to be arrived at by mutual agreement of the City and
Contractor. Should they fail to agree, then an independent arbitrator is to
be appointed by mutual agreement and whose decision shall be binding
upon the parties.
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Advertising Services Contract
b. Return of materials. Upon such termination, Contractor shall turn over to
the City immediately any and all copies of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by
Contractor, and for which Contractor has received reasonable
compensation, or materials given to Contractor in connection with this
agreement. Such materials shall become permanent property of City.
Contractor, however, shall not be liable for City's use of incomplete materials
or for City's use of complete documents if used for other than the project
contemplated by this agreement.
B. INSPECTION:
Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of Contractor are being performed in accordance with the
requirements and intentions of this agreement. All work done and all
materials furnished, if any, shall be subject to the City Program Manager's
inspection and approval. The inspection of such work shall not relieve Contractor
of any of its obligations to fulfill its agreements as prescribed.
9. OWNERSHIP OF MATERIALS:
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All original drawings, plans, documents and other materials prepared by, or in
possession of, Contractor pursuant to this agreement shall become the permanent
property of the City, and shall be delivered to the City upon demand. Photographic
rights shall be established for original negatives or transparencies.
10. INDEPENDENT JUDGMENT:
Failure of the City to agree with Contractor's independent findings, conclusions,
or recommendations, if the same are called for under this agreement, on the basis
of differences in matters of judgment shall not be construed as a failure on the part
of the Contractor to meet the requirements of this agreement.
11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES:
This agreement is for the performance of professional advertising and marketing
services of the Contractor and is not assignable by the Contractor without prior
consent of the City in writing. The Contractor may employ other specialists to
perform special services as required with prior approval by the City.
12. NOTICES:
All notices hereunder shall be given in writing and mailed, postage prepaid, by
G.eA+ed Mail, addressed as follows:
P41r Choi
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To Contractor: Barnett Cox & Associates
992 Monterey Street, Suite B
San Luis Obispo, CA 93401
To City: City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Attention,: Pam Loges, City Clerk
13. INTEREST OF CONTRACTOR:
Contractor covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or othErwise, which would conflict in any manner
or degree with the performance of the services hereunder. Contractor further
covenants that, in the performance of this agreement, no subcontractor or person
having such an interest shall be employed. Contractor certifies that no one who
has or will have any financial interest under this agreement is an officer or
employee of the City. It is hereby expressly agreed that, in the performance of
the services hereunder, Contractor shall at all times be deemed an independent
contractor and not an agent or employee of the City.
14.. INDEMNITY:
Contractor hereby agrees to indemnify and save harmless City, its officers, agents,
and employees:
A. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any injury to or death of any
person or corporation caused by a negligent act or omission of Contractor
under this agreement or of Contractor's employees or agents.
B. Any and all damage to or-destruction of the property of City, its officers,
agents, or employees, occupied or used by or in the care, custody, or
control of Contractor or in proximity to the site of Contractor's work, caused
by any negligent act or omission of Contractor under this agreement or of
Contractor's employees or agents.
C. Any'and all claims and demands which may be made against City, its
officers, agents or employees by reason of any injury to or death of or
damage suffered or sustained by an employee or agent of Contractor under
this agreement, however caused, excepting, however, any such claims and
demands which are the result of negligence or willful misconduct of City, its
officers, agents, or employees.
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Advertising Services Contract
D. Any and all claims and demands which may be made against City, its
officers, agents, or employees by reason of any infringement or alleged
infringement of any patent rights 'or claims cause by the use of any
apparatus, appliance, or materials furnished by Contractor under this
agreement; and
E. Any and all penalties imposed or damages sought on account of the
violation of any law or regulation or of any term or condition of any permit,
when said violation of any law or regulation, or any term or condition of any
permit, is due to negligence on the part of the Contractor.
15. WORKERS' COMPENSATION:.
Contractor certifies that she is aware of the provision of the Labor Code of the
State of California which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with
provisions of that code, and certifies that it will comply with such provisions before
commencing the performance of the work on this agreement.
.16. INSURANCE:
Contractor shall provide proof of insurance in accordance with Insurance
Requirements for Consultants as described in Attachment "B" attached hereto and
incorporated herein by reference as though fully set forth.
17. AGREEMENT BINDING:
7. The terms, covenants, and conditions of this agreement shall apply to and shall
bind the heirs, successors, executors, administrators, assigns, and subcontractors
of both parties.
18. WAIVERS:
The waiver by either party of any breach or violation of any term, covenant, or
condition of this agreement or of any provision, ordinance, or law shall not bei
deemed to be a waiver of any subsequent breach of-violation of the same or of any
other term, covenant, condition, ordinance, or law. The subsequent acceptance
by either party of any fee or other money which may become due hereunder shall
not be deemed to be a waiver of any preceding breach or violation by the other
party of any term, covenant, or condition of this agreement or of any applicable law
or ordinance.
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Advertising Services Contract
19. COSTS AND ATTORNEY'S 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 for the other party.
20. DISCRIMINATION:
No discrimination shall be made in the employment of persons under this
agreement because of the race, color, national origin, ancestry, religion, sexual
orientation, or sex of such person.
If Contractor is found to be in violation of the nondiscrimination provisions of the
State of California Fair Employment Practices Act or similar provision 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 equivalent federal agency
or officer shall constitute evidence of a violation of contract under this paragraph.
If Contractor is found in violation of the nondiscrimination provisions of this
agreement or the applicable affirmative action guidelines pertaining to this
agreement, Contractor shall be found in material breach of 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
Two Hundred Fifty Dollars (S250) for each calendar day during which Contractor
is found to have been in noncompliance as damages for said breach of contract,
or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS:
This document represents the entire and integrated agreement between City and
Contractor and supersedes all prior negotiations, representations, or agreements
either written or oral. This document may be amended only by written instrument,
signed by both City and Contractor. All provisions of this agreement are expressly
made conditions. This agreement shall be governed by the laws of the State of
California.
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Advertising Services Contract
IN WITNESS WHEREOF, City and Contractor have executed this agreement on the
day and year first above written.
CITY OF SAN LUIS OBISPO: BARNETTCOX ASSOCIATES
on unin, MayorPr ent
A S
Z
U Clerk Pam og
APPROVED AS TO FORM:
(L4 CJII'41 atwer0s
Qty' tto ney
Finance Director
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The Contractor shall coordinate and implement for one year, a diverse advertising
campaign for the promotion of the City of San Luis Obispo as a tourism destination.
1. The primary purpose of the campaign is to increase tourism to the City of San Luis
Obispo.
2. The Contractor will provide the Promotional Coordinating Committee, hereinafter
called the PCC, with monthly written reports. The reports will provide information
on campaign progress and include copies of all ads, tear sheets, production
expenses, bills for services, an outline of work to be completed in the next month,
and other pertinent information.
3. The City Program Manager and the PCC will provide the Contractor with direction
and guidance based upon the monthly review of Contractor's performance and
recommendations.
4. A summary of the proposed advertising campaign for the City of San Luis Obispo
in 1992-93 is described in the attachment to the Council Agenda Report.
5. Payment to the Contractor will be made on all completed work, jobs in progress
: and media purchases approved by the City Program Manager within fifteen (15)
calendar days of receipt of Contractor's invoice. Requests for payment will be sent
directly to the City Program Manager.
6. The budget for Barnett Cox. & Associates is as follows:
F.Y. 1992-93 $89,000
Total Budget for F.Y. 1992-93 is $89,000.
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INSURANCE REQUIRF.1V1 NTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to perst
damages to property which may arise from or in connection with the performance of the work hereunder by the Consuti:....,
his agents, representatives. employees.
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 C.4 0001 (Ed. I/g7) covering Automobile Liability, code 1 (any
auto).
3. Workers' Compensation insurance as required by the State of Califonua and Employer's Liability
Insurance.
ATnimunr Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: 51,000,000 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 for general
aggregate limit shall apply separately to this project/loanion or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile liability: 51,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident fpr bodily injury or disease.
Deductibles and Self-Insured Retentio e
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 sad volunteers,or the Consultant shall procure a bond guaranteeing payment of losses
and related investigations. claim administration and defense expenses.
Other Tnsrrance Prorisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
I. 71e City, its officers, officials, employees,agentsand volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed
operations of the Consultant;premises owned, occupied or used by the Consultant;or automobiles owned,
leased, hired or borrowed by the Consultant. 71e 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 Consultant'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 Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the Nlicies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
4. Tle Consultant's insurance shall apply separably 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 wrinen notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be plated with insurers with a current A.M. Best's rating of no less than ANII.
Verification of Cooeraae
Consultant shall furnish the City with a certificate of insurance showing maintenance of the required insurance
coverage. Original endorsemeats effecting general liability and automobile liability coverage required by this clause
must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by the City before work commences. ^
cTING AGENDA
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APR 2 41993
CITY COUNCIL
SAN LUIS OBISPO,CA
MEETIN I - VDA
DATE!
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MEET; AGENDA
DATE ITEM# C`
MEMORANDUM - -
COPiESTOi
❑'p�Actim ❑ FYi
April 20, 1993 � `� ❑ cDD DuL
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MLICE CFL
To: City Council ❑ MGMT.M.M I..1 UC DIP
Q1C_READ FILE n UIILDL2 ,
From: John Dunn
Subject: R s l for City advertisingcontract
In briefly discussing this matter with Mayor Pinard this afternoon, she has asked that the
Council give consideration to a further quick review of the RFP by designated
representatives from the arts community, the downtown community, and the Hotel-Motel
Association. The Mayor's desire is that certain clarifying paragraphs be added to the RFP
which would provide greater focus for attracting certain types of visitors to San Luis Obispo,
particularly in the context of providing support to the art and cultural and downtown
community and major events.
She believes that a better defined work program, as specified in the RFP, will stimulate
innovative thinking and increase the productivity of the advertising, and provide a better
translation of the City's advertising with regard to promoting visitor activities within the
community.
She believes that this clarifying language can be put together very rapidly and has suggested
a small representative group consisting of Cliff Swanson, Pat Martin, Ann Dinshaw, Norma
Taggert, and Sandy Baer be assembled to review the RFP quickly,who would work with the
Promotional Coordinating Committee.
The Mayor may desire to further explain the above concept.
JD:mc
h/advertise
� w
MEMORANDUM MEETING AGENDA
� DATE ITEM #
APRIL 20, 1993 COP11-1 TO:
❑•Ij-o•.cs Acson ❑ FYI
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co di D CDD DIS.
TO: JOHN DUNN, CITY ADMINISTRATIVE OFFICER ff cj;o rd FIN.D1 R.
Q AC;:O ❑ F!REQHEF
C�Ai0ICgEY D FW D_R.
FROM: DAVID GRAY, ADMINISTRATIVE ANALYST/ ❑ MLiCECR
t<IGATT.TE. h i C) itL•C DIP_
❑ CREADF,LE ❑ LMLDI12.
SUBJECT: ADVERTISING RFP r,( _ D-
SUMMARY: THE MAY 10 DEADLINE WAS SELECTED TO GIVE THE PCC
SUFFICIENT TIME TO REVIEW AND RECOMMEND PROPOSALS TO THE
CITY COUNCIL AT THE SAME TIME THAT THE BUDGET IS ADOPTED.
DISCUSSION: The PCC traditionally issues their request for proposals following the first City
Council meeting in April. Due to the heavy agenda load at recent Council meetings, this item
was deferred until the meeting this evening. The RFP is ready to be printed and mailed as soon
as tomorrow if no major changes are made by the Council tonight. Since most agencies are
local, they should receive their packets by April 23 at the latest. That provides more'than two
weeks for an agency to prepare a proposal.
Workingback from the June 22 budget adoption date, a Council Agenda Report needs tb be
prepared the week of June 1. The Committee will need to finalize its recommendations the week
of May 24. Agencies which appear to meet the qualifications for the professional services
contract will make presentations to the Committee probably the same week. The presentation
is really of greater importance than the proposal and applicants will have approximately 30 days
from the time they receive the request to the time that they make the presentation.
A brief timeline would like something like this:
April 20 Council approves RFP
April 21 RFP mailed to list
April 23 RFP received by agencies
May 10 Proposals submitted to City
May 12 PCC selects applicants for presentations
May 24 Presentations made to PCC and applicants ranked for Council
June 1 Staff prepares Council Agenda Report
June 22 Council adopts recommendations and approves contract for services
The schedule can be adjusted as you suggest to address Council concerns and provide adequate
time for the Council, the Committee and the applicants.. I hope this gives a better picture of the
timing of this proposed process.
C C. Deb Hossli RECEIVED
APR 2 u 1993
CITY CLERK
SAN LUIS OBISPO.CA
- h.- LING AGENDA
DATE '' z==ITEM #
Nature Gallery
844 Monterey
San Luis Obispo, CA 93401
(805)544-6883
April 19, 1993
To: San Luis Obispo City Council
Re: Postponing until May 4th, 1993
Consent Agenda Item C6
Promotional Contract of $89,000
I have been a retail business owner for over five years in
downtown San Luis Obispo. I am currently serving on the
Proactive Economic Task Force which you appointed.
I an very concerned about the future of the retail business,
especially in downtown.
It is essential that all available funding be utilized to
its fullest potential at this time so that our community
gets the biggest bang for our buck.
I ask that you grant this postponement so that more
information can be gathered, and other options explored,
before you commit to funding the status quo for two more
years.
Thank you for your consideration.
Siely,
rol Ga
COPIES T0:
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APR 2 Q 1993 � o RE�
�t�1W ❑ FW DR
CITY COUNCIL CLERK�O�RIG. ❑ POLICBCH.
SAN LUIS OBISPO,CA ❑ MCMT.TEAM D REG DIP_
❑ READ ❑ UTILDR