HomeMy WebLinkAbout2007-06-05; Carlsbad Tourism Business Improvement District; Resolution 2007-41 RESOLUTION NO. 2007-4
2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD TOURISM BUSINESS IMPROVEMENT
DISTRICT, AUTHORIZING THE CHAIRPERSON TO
4 EXECUTE AGREEMENTS WITH THE CARLSBAD
CONVENTION AND VISITORS BUREAU (CCVB) AND SAN
5 DIEGO NORTH CONVENTION AND VISITORS BUREAU
fSDNCVB)
6
WHEREAS, the City Council of the City of Carlsbad adopted Ordinance No. NS-778
7
enacting Chapter 3.37 of the Carlsbad Municipal Code on November 15, 2005 thereby creating
8
the Carlsbad Tourism Business Improvement District (CTBID); and
9
WHEREAS, the primary purpose of the CTBID is to promote tourism and provide
10
services to visitors to the City of Carlsbad; and
11
WHEREAS, the City Council has authorized the Board of Directors of the CTBID to
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conduct the business of the CTBID in the time, place and manner that best suits the needs of the
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Board of Directors of the CTBID, subject to the control of federal, state and local laws governing
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the activities of a Business Improvement District; and
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WHEREAS, the City Council has provided the Board of Directors with the ability to
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contract for services necessary to carry out the purpose of the CTBID; and
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WHEREAS, the Board of Directors of the CTBID has determined that it is in the best
18
interest of the District to promote tourism and provide services to visitors to the City of Carlsbad
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through the use of agencies that currently exist in the community to provide these services; and
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WHEREAS, the Board of Directors has determined that the Carlsbad Convention and
21
Visitors Bureau (CCVB) possesses the necessary skills to provide services related to the
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promotion of tourism; and
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WHEREAS, the Board of Directors has determined that the San Diego North
24
Convention and Visitors Bureau (SDNCVB) possesses the necessary skills to provide services as
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they relate to the group sales travel market; and
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EXHIBIT 1
1 WHEREAS, the CCVB and SDNCVB have agreed to provide tourism services under the
2 terms and conditions of the agreements attached hereto for the term July 1, 2007 through June
3 30,2008;
4 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
5 Tourism Business Improvement District, as follows:
6 1. That the above recitations are true and correct.
7 2. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit
8 1, between the CTBID and the Carlsbad Convention and Visitors Bureau to provide
9 professional services related to tourism promotion.
10 3. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit
11 2, between the CTBID and the SDNCVB to provide professional services related to
12 the group sales travel market.
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EXHIBIT
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors of the Carlsbad Tourism Business Improvement District on the o day of
C3 tine^ 2007, by the following vote to wit:
AYES:
NOES:
ABSENT:
APRIL SHUTE
Chairperson
ATTEST:
WOC
Pro Tern Clerk of the
Carlsbad Tourism Business Improvement District
-3-
EXHIBIT 1
AMENDMENT NUMBER 7 TO AGREEMENT FOR
PROMOTION OF TOURISM AND VISITOR SERVICES
CARLSBAD CONVENTION AND VISITORS BUREAU
This Amendment Number 7 to the Agreement between the Carlsbad Tourism
Business Improvement District (CTBID) and the Carlsbad Convention and Visitors Bureau
(CCVB) (collectively, the "Parties") is effective as of the 1st day of July, 2007, extending and
applying the terms and conditions of the original agreement dated June 23, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and The
Carlsbad Convention and Visitors Bureau, ("Contractor").
RECITALS
A. On six prior occasions the Parties have amended the June 23, 2004 Agreement
resulting in an extension to the term of the Agreement; and except as modified, on
the same terms and conditions of the original Agreement;
B. The Agreement is scheduled to terminate on June 30, 2007, unless it is extended;
C. The Parties desire to enter into this 7th Amendment to the Agreement for the purpose
of extending the terms and conditions of the Agreement for an additional period of
twelve (12) months, from July 1, 2007 through June 30, 2008; and
D. The CTBID requires the visitor and promotional services provided by Carlsbad
Convention and Visitors Bureau, in the form in which these services were previously
provided to the City of Carlsbad.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, Parties agree as follows:
1. The above recitals are incorporated herein.
2. This Amendment Number 7 to the Agreement is effective for a period of twelve
(12) months beginning July 1, 2007 through June 30, 2008.
3. Excepted as specifically modified herein, the terms and conditions between the
parties shall be those set forth in the Agreement between the City of Carlsbad and the
Convention and Visitors Bureau dated June 23, 2004. Compensation will be made in twelve
(12) monthly installments of thirty-seven thousand four hundred dollars ($37,400) each month for
a total of $448,800 as detailed in the attached Exhibit A to this Amendment Number 7 funding
request. The first installment shall be payable in the first full week of July 2007. Subsequent
installments shall be paid in the first full week of each month, through the term of this
Agreement.
4. All other provisions of the Agreement, as may have been amended from time to
time by the City of Carlsbad, or as may be amended by the Parties, shall remain in full force and
effect.
City Attorney Approved Version #05.22.01
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
CONTRACTOR
(sign hepe)
QA^CO AjCLu
(prifrt name/title^
(e-mail address)
*By:
CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT: a Business
Improvement District as defined in
section 36500 of the California Streets
and Highways Cc
By: //
Chairperson
ATTEST
(sign here) /
^ M. WOOD
'ro Tem Slerk of the
Carlsbad Tourism Business
Improvement District
(e-miS4iddress)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
'Group A.
Chairman,
President, or
Vice-President
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
\ ^^OPOT-.
General Counsel
City Attorney Approved Version #05.22.01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of
On \<t>-Locn before me,
personally appeared jf fJwUl>0
'
Ndme and Title ofbfficer (e.g.. "Jane Doe, Notary Public")
_ _
Name(s) of Signer(s)
personally known to me -OR-,® proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) jfc/are subscribed to the within instrument and
acknowledged to me that r^e/^Kie/they executed the same in
rnp/hter/their authorized capacity(ies), and that by hi6/h«r/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.OFRCIALSEAL
""
WITNESS my hand and official seal.
-OPTIONAL-
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signer(s) Other Than Named Above:
EXHIBIT A
rlsbad
c a I ifo r n i a
April 30,2007
Ms. April Shute, Chairwoman
& Advisory Board Members
Carlsbad Tourism Business Improvement District
c/o City of Carlsbad, Cheryl Gerhardt
Administrative Services
1635 Faraday Avenue
Carlsbad, CA 92008
Dear Chairwoman Shute and CTBID Advisory Board Members:
As Chair of the Carlsbad Convention & Visitors Bureau's Board of Directors, I have
been authorized by our Executive Committee to transmit the attached funding request for
FY 07-08 to the Carlsbad Tourism Business Improvement District. The total amount
requested for the upcoming fiscal year is $448,800. We were asked to include a 10%
increase in funding to the current amount of $408,000 that has been appropriated this
year by the CTBID advisory board.
Please note that none of this increase has gone to reward staff in the way of merit
increases or cost-of-living adjustments for staff. Although we want as much of our
funding to go to support essential marketing program, the fact that staff will not enjoy
increases like so many other workers in San Diego County is unfortunate. I know that
our board would look favorably on an increase over-and-above the ten-percent that has
been presented to allow for a 3% increase to cover salary, wages and benefits for staff.
Adjustments for this added amount can be included and presented if the advisory board
so decides on this specific request.
Key adjustments in the Marketing & Communications Outreach section of our previous
funding request were made to scale down costs from our original funding proposal that
was submitted to you on May 13, 2006. Nine publications were eliminated from "Print
Media Advertising," with funding that would have supported those ad buys, instead,
going directly into Internet Pay-Per-Click marketing. Our current contractual agreement
with Bacon's media service has been eliminated, as have 5 professional conferences.
Additionally, our lineup of consumer travel shows has been scaled back from five
existing shows to three. There was also a 60% reduction on itemized programs.
Carlsbad Convention & Visitors Bureau
400 Carlsbad Village Drive, Carlsbad, California 92008
(760)434.6093 • FAX (760) 434.6056 • www.visitcarlsbad.com • info@visitcarlsbad.com
"The Official Destination Marketing Organization of Carlsbad, California"
We all know that the amount of BID monies collected has been below our expectations.
Our goal is to work with the CTBID advisory board to figure out how best to free up
more money so that it can be actively working to promote Carlsbad. More promotion
should equal higher BID totals, and when that happens, we all benefit. With the
likelihood that San Diego North CVB will become a direct beneficiary of monies from
the proposed San Diego Tourism BID, funds could very well be freed up that would
allow us to put more money toward programs through our local CVB. Also, if there is a
cap put on the 20% reserve and, when that cap is reached, additional money could
ultimately be put into action. That may allow for some of the originally proposed
programs in our earlier RFP submission to be implemented.
With the City of Carlsbad rejecting our request for supplemental funding, the CTBID
funds are the only source of funds the Carlsbad Convention and Visitors Bureau receives.
It is our hope that the CTBID advisory board will recognize this and provide funding
relief to an organization that has worked diligently to market and promote Carlsbad as a
year-round preferred travel destination.
The Carlsbad CVB looks forward to growing programs that will provide immediate,
direct and value-added benefit to the very industry that supports us.
Speaking on behalf of the Carlsbad CVB Board of Directors, your thoughtful
consideration of our request and comments contained are very much appreciated.
Thank you.
Sincerely,
Nancy Nayudu, Chair
Carlsbad Convention and Visitors Bureau
Enclosure: 4 page funding spreadsheet
cc: Carlsbad Tourism BID Advisory Board
Carlsbad CVB Board of Directors
Executive Director, Carlsbad CVB
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EXHIBIT 2
AMENDMENT NUMBER 7 TO AGREEMENT FOR
PROMOTION OF TOURISM AND VISITOR SERVICES
SAN DIEGO NORTH CONVENTION AND VISITORS BUREAU
This Amendment Number 7 to the Agreement between the Carlsbad Tourism
Business Improvement District (CTBID) and the San Diego North Convention and Visitors
Bureau (SDNCVB) (collectively, the "Parties") is effective as of the 1st day of July, 2007,
extending and applying the terms and conditions of the agreement dated June 23, 2004 (the
"Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and the San
Diego North Convention and Visitors Bureau, ("Contractor").
RECITALS
A. On six prior occasions the Parties have amended the June 23, 2004 Agreement
resulting in an extension to the term of the Agreement; and except as modified, on
the same terms and conditions of the original Agreement.
B. The Agreement is scheduled to terminate on June 30, 2007, unless it is extended.
C. The Parties desire to enter into this 7th Amendment to the Agreement for the purpose
of extending the terms and conditions of the Agreement for an additional period of
twelve (12) months, from July 1, 2007 through June 30, 2008; and
D. The CTBID requires the visitor and promotional services provided by SDNCVB, in the
form in which these services were previously provided to the City of Carlsbad.
E. The CTBID requires SDNCVB to report to the Board on those activities on a quarterly
basis using contracted room nights secured during the reporting period multiplied by
an Average Daily Rate, obtained by Smith Travel Research, with an additional
amount added for meals and incidentals.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, Parties agree as follows:
1. The above recitals are incorporated herein.
2. This Amendment Number 7 to the Agreement is effective for a period of twelve
(12) months beginning July 1, 2007 through June 30, 2008.
3. Excepted as specifically modified herein, the terms and conditions between the
parties shall be those set forth in the Agreement between the City of Carlsbad and the
Convention and Visitors Bureau dated June 23, 2004. Compensation will be made in twelve
(12) monthly installments of nine thousand one hundred sixty-six dollars and sixty-six cents
($9,166.66) each month for a total of $110,000 as detailed in the attached Exhibit A to this
Amendment Number 7 budget request. The first installment shall be payable in the first full week
of July 2007. Subsequent installments shall be paid in the first full week of each month, through
the term of this Agreement.
City Attorney Approved Version #05.22.01
4. All other provisions of the Agreement, as may have been amended from time to
time by the City of Carlsbad, or as may be amended by the Parties, shall remain in full force and
effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
6. The individuals executing this Amendment Number 7 and the instruments
referenced on behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions hereof of this
Amendment.
CONTRACTOR
Lx
(sign here)
CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT: a Business
Improvement District as defined in
section 36500 of the California Street?
and Highways Code,
(print name/title)
ORRAINE M. WOOD
Pro Tern <\lerk of the
Carlsbad Tourism Business
Improvement District
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vice-President
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
City Attorney Approved Version #05.22.01
2
ACKNOWLEDGMENT
State of California
County of v
On -6
i&a O
before me,
personally appeared.
(here insert narrrearfcl title of the officer)
M
of
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person^) whose name(X) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/heV/thdir authorized
capacity(ies), and that by his/tyeV/try^ir signature^ on the instrument the person^),
or the entity upon behalf of which the personM acted, executed the instrument.
WITNESS my hand and official seal
Signature
«1529000
Notary Public - California *
San Diego County
f Comm. Expkes Nov. 22,2006 f
(Seal)
ACKNOWLEDGMENT
State of CaliforniaState o aiorna , , — -N (
County of ^5 A /Y J_ )i
On -before -
personally appeared
- (here insert narye'ancrtitie of the ojmcer)
(_. /)/lf\ I Y\OiT7^d /V _
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person^/) whose name^rf) is/aj£ subscribed to the within instrument and
acknowledged to me that fjeVshe/thi^y executed the same in l^/her/th^ir authorized
capacity(i^), and that by ry&/her/th4ir signature^ on the instrument the person^),
or the entity upon behalf of which the person^ acted, executed the instrument.
WITNESS my COMM. §1529000
Notary Public • C«Worni«
San Diego County
Comm. Expires Nov.
(Seal)
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By: ~ 3 l<~-« i ^
General Counsel
City Attorney Approved Version # 05.22.01
WORTH EXHIBIT A
^AUTHENTIC. DIVERSE. CALIFORNTA'
OFFICERS:
Chairman
Tim Fennel), CEO
Del Mar Fairgrounds
Vice Chairman
Robert Rauch, Genera) ManagetfPartner
Homewood Suites San Diego/Del Mar
Treasurer
Robert McClure, Director
San Diego Zoo's Wild Animal Park
Secretary
James S. Farley, Attorney At Law
James S. Farley Law Offices
Member-at - Large
Robert Moore, General Manager
Hilton Garden Inn Carlsbad Beach
DIRECTORS:
Janet Bcronio, General Manager
Harrah's Rincon Casino & Resort
Bruce Brainerd, General Manager
Hyatt Regency La Jolla
Paul Corsinita, General Manager
San Diego Marriott La Jolla
John Daley, Owner
101 Cafe, Oceansidc
Dcnise Dornfeld, Exec. Vice President
PRA Destination Management
Patrick Duffy, General Manager
Hilton La Jolla Torrey Pines
Julian Duval, Executive Director
Quail Botanical Gardens
Juanita Hayes, Public Affairs Manager
San Diego Gas & Electric Co.
Nigclla Hillgarth Ph.D.
Executive Director
Birch Aquarium at Scripps
John Jakohscn, General Manager
LEGOLAIMD California
Chris Jcnncwein
Director of Internet Operations
The San Diego Union-Tribune/
SignOnSanDiego.com
Nance Trevithick, Director of Sates
Four Seasons Resort Aviara
Paul Van Elderen, Managing Broker
McMillin Realty Commercial
Tammic Wheatley, General Manager
Radisson Suite Hotel
Rancho Berfiardo
Carl Winston, Program Director
San Diego State University
EX OFFICIOS:
Jonathan Jacobs, Managing Partner
Radisson Suite Hotel
Rancho Bernardo
Rick Mansur
Senior Vice President of Operations
J.C. Resorts, Inc.
President & CEO
Cami Mattson
Carlsbad Sales Budget
Detail
Sales Personnel
(18% of existing team's efforts)
Carlsbad Budget SD North Budget
$51,235 $ 285,141
Sales Programs $ 13,950
(18% of trade shows, site visits, client
events, educational tours, promotions)
Sales Operations $ 8,488
(18% of lease, postage, office supplies,
office machines, internet, telephone)
Sales Marketing Support $ 36,237
(10% of collateral, direct mail, booth
displays, co-op advertising, public
relations, web site/email initiatives,
marketing personnel)
Additional administration, operations, $ 0
and leisure marketing programs
$ 77,500
$ 47,154
$ 346,068
Total $110,000*
$ 326,237
$1,082,100
*The 10% increase over last year will go towards the increased cost of doing
business with the existing sales programs. The $100,000 allocation from the City
of Carlsbad was first allocated to the San Diego North CVB in FY2003-04 and
has remained flat for the last 4 years.
SAN DIEGO NORTH CONVENTION & VISITORS BUREAU
Executive Office: 360 N. Escondido Boulevard, Escondido, California 92025-2600
Located at the Center For The Arts, Escondido
Voice: 760-745-4741 800-848-3336 Fax: 760-745-4796
Sales Office: 6120 Paseo Del None, Suite L-l, Carlsbad, California 92011-1100
Voice: 760-603-1690 800-848-3336 Fax:760-603-9570
www.sandiegonorth.com