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HomeMy WebLinkAbout04/20/1993, C-6 - ADVERTISING SERVICES 9 I IIIB�IRtIII�IIIlllllll 1� IU i � MEETING DATE:c� of sap lugs osIspo ¢- Z.4 - 9 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. c-�-1 All 11i li city of san tins oBispo 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) G:PCCADRFP i ' I CJ-�- 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 l 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. dg\rfp o-/_-ti 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 G-�-7 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: A-62-92-cc I Page 2 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. Page 3 C` Advertising Services Contract 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. Page 4 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: 'i 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 Page 5 C' Advertising Services Contract 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. CJ-L-1 i \ Page 6 l 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. .. _/ _,ll I Page 7 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. G-�-IS Page 8 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 dg\advertis 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. dg\advenis r � t 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 DATE 4 ITEM # C COPIBTO: ❑•Denotes action ❑ FY! ' ftomca ❑ CDDDHL ❑ FLN.DiR.�A4V0 E3❑ FI a-HEF pcLRNEx FwDIR. /Or-C. ❑ POLICECK ❑ mcmT.TFAm Cl P•EC DIR ❑,.c-E ClEl UTILDIR For y POf ' FAX g MOf14E i _ s f Caaie�tDaaaySPS WWSID M " W'� M1 of::.. _• "�ir .:'..^. Aggy .171 land 7, W �� . 71 ' , .\ WNBA . : _ RFct::� Y LL) APR 2 41993 CITY COUNCIL SAN LUIS OBISPO,CA MEETIN I - VDA DATE! zt MEET; AGENDA DATE ITEM# C` MEMORANDUM - - COPiESTOi ❑'p�Actim ❑ FYi April 20, 1993 � `� ❑ cDD DuL CAO ❑ FIN.DSR. A C/10 ❑ FIRE aimF G RNDIR. 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 � E 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: pn' I V e ; ❑' lam ❑ FYI D s^w�� ❑ CDD DIE. 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