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HomeMy WebLinkAbout05/18/1993, 5 - ADVERTISING CONTRACT REQUEST FOR PROPOSAL MEETING DATE: All City Of San LaIS OBISPO 5qb COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Ken Hampian, Assistant City Administrative fficer Prepared By: Deb Hossli, Administrative Analyst SUBJECT: Advertising Contract Request for Proposal CAO RECOMMENDATION: Approve the Advertising Services Request for Proposal. DISCUSSION: The Advertising Services request for proposal (RFP) was presented to the City Council at their April 20, 1993 meeting. At the request of Mayor Pinard, the item was continued by Council so that representatives from the arts community, downtown community and Hotel/Motel Association could share their ideas for improving the advertising campaign with the Promotional Coordinating Committee prior to approval of the RFP. In light of this direction, the Advertising Subcommittee of the PCC met with the suggested groups, Mayor Pinard and Councilmember Rappa on April 22, 1993. At the meeting, the groups provided the PCC with several suggestions to consider. Examples of the suggestions include: structuring the advertising program around the promotion of local events; developing package tours to bring more tourists into the community;bringing bus tours from other communities to the City for shopping; enhancing the literature sent to perspective tourists; placing maps with event listings on the trolley; placing materials on events at local motels and hotels; sponsoring a new, large scale special event in the off-season, increasing the monies allocated to the advertising contract, etc. After discussing the suggestions, the Advertising Subcommittee concluded that many had merit and should be pursued further. However, the Advertising Subcommittee still recommends (with the full PCC's concurrence) that the advertising RFP be approved as originally presented to the City Council. It is the Committee's opinion that $89,000 represents the minimum the City can expend to maintain a successful direct advertising campaign. The Committee would then recommend that the suggestions arising from the meeting with the community groups be examined in the context of the City Council's recent decision to provide the Promotion Program with an additional $50,000 in funding. Specifically, the PCC intends to hold meetings with representatives from the tourist, business and arts community to determine how the additional $50,000 can best be used to improve the effectiveness of the City's Promotion Program. The suggestions arising from these meetings, along with those already presented,would then be evaluated by the PCC. Recommendations regarding the use of the $50,000 would subsequently be presented by the PCC to the City Council in June or July of this year. ATTACHMENTS: 1 - Staff report and RFP from April 20, 1993 meeting i:adv-rfp2 �/ / mall1 � city of san Luis oBispo _ M ��:9 COUNCIL AGENDA REPORT ��NUMaBa n/ FROM: Ken Hampian, Assistant City Administrative Office Prepared by: David Gray, Administrative Analyst J4/ 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: purposes of this y2roposal. 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 motorvehicle liability insurance covera4e for all vehicles o erp ated an the course of business A copy of the standard agreement with insurance _ re uirements is attached. S city of san LL..s oBi spo 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. i 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 j 1993-94 and 1994-95, and could be increased somewhat in conjunction with an increase in I the TOT from 9% to 10%. Council will determine the precise level with the adoption of i the budget. ATTACHMENTS: 1. Request for Proposals i 2. Alphabetical Solicitation List 3. Exhibit A--Professional Services Agreement to Provide Advertising Services (1992-93) G:PCCA )RFP 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 18th day of June 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 comer 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 5-f 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 5 -5 ■ 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 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 5- 7 Image Design Graphics 738 Higuera Street San Luis Obispo, CA 93401 Ipel jian 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 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 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 5-q. 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 OBIS�P_­O, California (hereinafter referred to as"City'), and BARNE17 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. 0 LTY. 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: *540 A-62-9 -C2 C Page 2 Advertising Services Contract J 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 lays, ordinances, regulations, orders, and decrees which may aiiect.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 reoods and information. Any reports, information, data or other l 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. CODies of reoorts and information. if City requests additional copies of reports, drawings, specifications, or any other material in addition to what I he 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, and 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. Pace 3 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 wiil 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. S. 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 i a. Rioht 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, whetherror 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. 8. INSPECTION: Contractor shell 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: 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&A+ed Mail, addressed as follows: f"•r3d' CJssl '� 5-13 i Page 5 Advertising Services Contract To Contractor: Barnett Cox & Associates 902 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: ?am Voges, 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 othenvise,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 o=licers, 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 demand's 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. I Page 6 Advertising SeRlices 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 oe 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 partof the Contractor. 15. WORKERS' COMPENSATIOM 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: 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 few shall not be deemed to be a waiver of any subsequent breach of vfofation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by ether party of any fee or other money which may become due hereunder shall not be deemed to be a vveiver 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. 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 po%•rer 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 (5250) 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. Page 8 Advertising Services Contract IN WITNESS 1VHEREOF, City and Contractor have executed this agreement on the day and year first above tiwriiien. CITY OF SAN LUIS OBISPO: BARNETT COX ASSOCIATES non unin, Mayor Pr, ent AJaS Z CityKlerk Pam 1 oge APPROVED AS TO FORM: a �Q&Jlllel (L4 C.•4,0yC?� s� cunrn "o ney Finance Director dg\adverbs i. X17 V 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%advert'is x-18 MLRANCE REQLUEME,NTS FOR CONSLUA.\'TS Consultant shall procure and maintain for the duration of the contract insurance against claias for injuries to persc ' j damages to propery which r..:y arise from or ip eozaection with the performance of the work hereunder by the Consut6*.::., his agents, rcprescatalives, employees. Minimum Scooe of Irtcur2nce Coverage shall be at least as broad rasa L Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. I/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and .Employer's Liability Iasu.:nce. Minimum Limits of Insurance Consultant shall maintain limits no less than: L General Liability: SI,000,000 per occurrence for bodily injury, personal injury and property e.-image. If Commercial General Liability or other form with a gegen] aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: 51,000,000 per accident fpr bodily injury or disease. _.. ----4 • c Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the Citv, � either. the insurer shall reduce or elimitratr such deductibles or self-insured retentions as respecu the Citv, its officers,officials,employees and volunteers;or the Consultant shall procure a bond guaranteeing payment of)oases and related investigations, claim administration and defense expenses, Other Insurance proricio s The general liability and automobile liability policies are to contain,or be endorsed to contain, the following provisions: 1. The City, its officers, officials,'emplo;•ees, greats and volunteers are to be covered as issue to as respecs: liability arising out of activities performed by or on behalf of the Consultant; products and completed opertroas of the Consultant premises owned, occupied or used by the Consultant; or automobiles owned, 19ased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of prounion afforded to the City, its officers, official, employees, agent or volunteers. 2. For any claims related to this project, the Consultant's itisutaace coverage shall be primary itsuraaee as respens the City, its officers, officials, employees, agents and volunteers. Any insurance or self- msurance maintained by the City, its officers, officials,employees, ageau 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 policies including breaches of warranties' shall not affect coverage provided to the City, its officers, officials,-employees, agents or volunteers. 4. 139 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the usurer's liability. S. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,voided, cancelled by chber parry, 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. Accentability of I_ricures Iaanraaee is to be placed with insurers with a cur7czt A.M. Best's sting Of no less than A:VII. Verification of Corera^e Consultant shall furnish the City with a certificate of insurance showing maintenance.of the reQui. in red coverage. Original eadorsementt effecting general liability and automobile liability coverage required by this clause must also be provided. The codorscments 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. ��� ML,ANG AGENDA DATE - ITEM# To: Peg Pinard Frm: Ann Dinshaw Re: Advertising Contract - Request For Proposal The additional sentence evolved into a paragraph, but it came about after further discussions with other hoteliers on Monterey Street. I didn't have a chance to discuss it with everyone; but I did manage to touch bases with the Apple Farm, and La Cuesta Motor Inn. There is support from these properties on adding this specific language into the proposal. I did not have time to generate this memo and have each property read it, but I spoke to representatives from each and they concurred that it would be . very positive for the City to give specific direction to the Agencies submitting proposals. I am also attaching some photocopies of examples of programs that other cities have put together in the hope that the other members of the Council will see that this is not a "never tried before" direction. I will not have time to get this to all the members of the Council before tonight and was hoping that maybe someone in your office could take the time to do so. I am at 549-0321 if you need to discuss any of this in further detail. Thanks very much for your support. I look forward. to seeing you this evening. - - - I I COPIESTO: ❑i Denotes Act, ❑ FYI = di 13CDD DIR. CAO ❑ RN.DIR. 9�kAO ❑ FIRE l�il�t g' rrolivEr ❑ FWDIX a'cr T(/O.Pic. ❑ PodaaL RECEIVEL ❑ MCOMT-MV14 0 M-CD L u MAY 181993 SANCLUIS OBISPO, CA n. The Ad agencies that submit proposals should specifically address these marketing objectives: Specific package concepts that tie together lodging properties, restaurants, retailers, cultural/entertainment events, etc. to attract overnight visitors to the City of SLO, especially during the off- season months of the year. Targeted advertising to specific groups and specific feeder markets in order to attract individuals to visit SLO during lower. demand nights. Historically Sunday through Thursday are the more difficult evenings to fill hotel rooms. Creative, should highlight a calendar of events and promote it on a year round basis so that visitors have the information they need to plan their visit well in advance. By giving the agencies very specific direction on the needs of the toursim industry they will be better able to formulate concepts and develop targeted proposals that will maximize the limited' financial resources that the City can commit to a promotional program. The correlation between the successful implementation of this advertising campaign and the economic well being for the City of SLO and all of its residents cannot be overstated.. This gives the advertising agency that is awarded this• contract a tremendous responsibility to produce results since so many livelihoods within the City of SLO are dependent upon the success of the programs they present and ultimately execute on the City's behalf. 0 •�� - - a� t N o g yy� Ale = m Y c m VLn n - i - ~Op m 'y q cn v> > IA F4 cc t,;§ N E ~ C M _ 0CL w 0 LUvim+ O t 4.0 z Q OOC LA C cn damJ u� ' J L O V J L J L C .'+ OJ L N .. L ti � "'� .L. O C C " = C y C v .. 0 0 0 O E N M O. '� y G ryn 0 0 0 v ' o C J .• J 'C :J E E C y O L L L. ��;; y V V C J Cn V y C 6J ^. V 3 V .r cn C c CD.�+ O- - \ - Ln O � bo " .y o to > vs 0 .5 n y 5 ^ ; •� T V C 3 CL u fj -19 r C -l.! 7 - v n — y v � !2to n � ti :L rcC V im. 'w R C O _ - _ n .^. = .t4 ^ v ^V V L V ujF V vO c. > O O ' ... � -m E 0 ;ma� c - rq J N31 ce� zi tj cc > a� a � > a � F., 3oLo � '..-- Y`i" vti'a y.Y". .ca`•`y y.Y'YMf1 C':".Lt _ -�.t •.a..:� -. ..SS' 772= 2 er4ities Imitat6eaftle3 Mktg, Program W _ Participants' Frequency Of Visits b Seattle in alto-actingfhwl-tinie visitoiv to Seattle. 4_ s e . 444 1-3 Visits B Over 3 Visiu SOURCE: - rontinued from page 3 —` Four Seasons to Sheratons, Best �1VHATP7d�iTIGRANTSK r Westerns and various local indepen- K���Q� dents. "We were trying to decide what to do to pump more businesstSi/1f>$5� �'Q .k jinto the first three months of the -V P i year, added Morris. Similar efforts are undenay in many #_d > iic ether markets. With many hotels strug- gling to stem an erosion in occupancy , rates, many industry officials are urging z operators to suspend competition and a_ work together for their mutual gain. -r According to the post-market sur ev, _M the most successful aspect of Seattle's ', effort was the toll-free reservation num- ber, um ber, a one-time deal that allowed con � . sumers to make hotel reservations �. through the local Ticketmaster outlets. More than 70% of respondents strong- y lv agreed that the toll-free component a. was extremely helpful and informative. - -- The scent of success has been picked c: s,l up by nearby cities such as Portland, which has asked the KCSVB about the winning program. Morris said the pro- gram will be repeated this winter. "We plan to refine what we did last year for ci next year's program,"he said. 7 i Y, :�---.+ter. _'_�S•i, Y i.l -�r 4�"�" ".A 'J._r`., 5Cr c Cis-• ta' -.•p-< .-r, v '' YL'1C' .rr�,z.. q+ y ✓ 't`_;,�. b >?'. 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Moret an 100 b0hess are paltid- LACyrL�"IfOGW00D FESTIVAL s pating,offering 20 oercent-50 oer - ,* _cent discounts on accommodations " p"� 1�1ts V wine purchases,sho iri ,and ac- tivities c `-= tivities suchas rides,es a _Come and'experience a refreshing weekend on ;an museums. . . -' In the'mountains and enjoy: The SM5 and is good Saturda Upcoming Events: s. for 12 months from date of purchase. r . Y..�5/15b , Price includes a Napa Visile isitors ff--v t06in- 5p.inl June 5'and 8: P Y 7th'Annual Antique and Antique Classic Wooden Boat guide; include$1.50 for a and * v' Vi 9 9 postage k •• nta a Cai Show Show featuringg 60 classic boats handling.Contact: Napa Valley Con- 2:30'¢' 12 noon- p.m:' and.30'1Noodies"from ference and Visitors Bureau, 1310 L_T tJve entertainment by California's surfing area. Napa i4xm�gntgr,Napa,Calif Mt. San Antonio Jazz WB entertainment z, 4534;.{772&7459. and Wind ensemble., , Ju .4th L. 4e Sa ,._ y' iw= Sutldej�!;5116 �` Tradi'tiorial reworks pnd' ~` r1%�6"a.th. =5 p.in. j Irve entertainment L e and Vintage Car Show, BARGAINS dor more information For Special room rates call: or Yiilag0 Ha enangs call X08)313110(800)80044 u The San Die- F (808) 33T-2S3S or or 14004OLTONS Convention and tsitm s Bureau ?±�Hour Information Gne: ? _ �Iishes_a coupon book.the San (808) 396.3ZT4 t }DIego: Visitaas Value Paek �g �nno»r 1i0o1i. good through Der- LAM Arro+e6aad � X includes discounts at res - " . - '' - VLaclml on discounts to assort s ane, and s�eeial pack- i5i extra-aiglFor it Ms- at.numerous Iree value P e contact �T San Diego Convention and X-1sitors 824, D, Third Avenue, State 824, SEEING IS t DeptL. 7 700C-93, San Diego, . Calif.92101-4109; (619) 236-1212. BELIEVING 6 watt Ing. In less than 'two iSionths,foliage season will be. ;' '. 8t its height in Neew England,and isorious:tiiag always brings .- ;t sold=oufla'coommodations "ur oar oL_October,is a good'; . And believe us, you'll love what opt offers a flee fo, 11H¢e. you see in Corvallis, Oregon: z write t0 Vermont Au Beautiful scenery, friendly people, 134 State St+a MOAtpe- historic surroundings. Oregon State University, award-winning wineries, championship golf,seasonal events and celebrations. Come to Corvallis,a place that will open your eyes. JUNE B•9...........................Corvallis Rose Show 28.30.......................Oregon FoOuife Festival JULY 4.10.17.24.31.........Festival Corvallis.music concerts 12.14.......................Philomath Frolic Festival 19.21.......................da Vinci pays Festival 30-Aug 3............._...Benton County Fair d Rodeo CORVALLIS We'd Love to see you. 1-800-334-8118 n MARKETING Are You Asking Everyone To The Party?. travelers in the world, I modating�this preference senior citizens and children would imagine many of them _with'g►aikd yGT1`t>ustjay= should reflect the spirit of a take note of different (and/or Weekes P: ( ages,'-'.ox vo=y one-on-one conversation. additional) aspects of a hotel fot-one-IIsid-afternoon FBtB Since we rarely have the lux- additional) would a male business promos? Try' to"think" like ury of such a talk, choices of traveler. "Little" things like your 'audience" (in this case creative strategy and media extra help with luggage from senior citizens) and new pro- are crucial. the bell staff, early morning motional ideas often generate Choices of print media,for or evening aerobics classes, themselves. example, are very important. robes, irons and in-room hair If you do not have the budget dryers, are appreciated and Vthat Children Want for regional buys of targeted remembered. Let's face it,kids just want national publications (that is, ' Your advertising agency to have fun.What is available in the USA, Woman's Day, should work with.you to find at your hotel that kids can Parents magazine, Modern Brian J. Cooney or create and package the lit- associate with fun? Why Maturity), you should iden- tle things so the female busi- would a child tell his or her tify similar local publications ness person is as welcomed parents: "Hey, let's go back and use them judiciously. as the male. to that one hotel. ..it was These types of publications T magine hiding a video Of course, women are great." can be used to support and 1 camera at your registra- much more than business There is a trend toward extend your general print ad- tion desk to film your guests travelers. Some are single programs of supervised rec- vertising. as they checked in and out. and independent; others are reation, such as crafts, mov-*c film If you were to m continu- part of important organiza- ies, games, story-telling and Marketing Tips t ously for a month, what tions, such as "the couple," petting zoos. With such pro- With all three of the mar- would the tape reveal? or "the family." Either on grams, parents who are re- ket segments discussed in j Such a tape would cer- their own or as part of a team laxing by the pool, attending the article; traffic biiilders itainly help you answer the they plan vacations, week- a business meeting, or enjoy- ate key: by to create and following questions: Who ends away,nights out,special ing a quiet Sunday brunch, implement targeted magnet ' uses your hotel? Who does occasions and much more. can rest assured their chil- events (see my article in the not use your hotel? Who Hotel advertising and promo- dren are under the watchful September 1991 HOTELS) to. could use your hotel more tion can do more to affect eyes of responsible adults. In alloW fife propertyfo sell itu E often?Are your marketing ef- their choices. this way, "fun things for the Speakers bureaus for i forts targeted towards as kids" become additional women often seek new places many segments as possible? Fun For Senior Citizens amenities for the parents. to hold special events. Senior The video for many prop- Organizations across the It is important to promote citizens might enjoy having i erties might show that while globe,such as AARP(Ameri- "male business travelers" can Association of Retired are frequent guests, women, People), attest to the fact senior citizens and children that more and more people are fewer and farther be- are energetically entering Market your hotel to women senior tween. It is shortsighted to their "Golden Years." There assume that if our advertis- are more healthy, active citizens and children for increased ing succeeds in attracting the "seniors" than ever before traffic and profits. male business traveler, the looking for ways to spend and rest will take care of itself. enjoy their time(and money). Women, senior citizens and Understandably, senior citi- these programs as you would the pool to themselves on kids have discriminating eyes zeas often place more value any other outlet; they are Tuesday and Thursday after- and ears of their own and are on new and different expert- part of what makes your noon.Kids can be invited and sometimes overlooked in ho- ences than on new and differ- property unique. Items as "entertained"through school tel marketing plans. ent material possessions. simple as balloons, kites, or local parks and recreation How can we capitalize on books,or caps imprinted with organizations' activities. l :Women On The Move this trend It might be said the hotel logo can add to the Once members of our three "It- is well known that that a hotel is,essentially, an "uniqueness" and remind "target markets" are in the l women account for a much entertainment experience. children of the fun they front door, in-house promo- J! larger percentage of the busi- Many senior citizens prefer had—and the place at which tion can do its job and get ness travel market than they "entertainment" such as a they'had it. Overall, kids them to return. did 10 years ago—even five hotel stay,during the slower, don't need much to be years ago. Have our market- less hectic times of the week. pleased so long as they get —By Brian J. Cooney, CHA, ins and oneratina strategies The hustle and bustle of fam- one thing: attention. vice president, marketing, adapted to this trend? ily-oriented weekend traffic As with more targeted Eberle & Associates, a US Although I cannot speak can sometimes be far from strategies, promotional en- advertising agency in Whea- _,—.� for all the female business enjoyable. How about accom- deavors "aimed at" women, ton, Illinois ]992` 29d N&19211LIe HOTELS ,_ .