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HomeMy WebLinkAbout1996-08-20; City Council; Resolution 96-2871. 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 96-287 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CARLSBAD CONVENTION AND VISITOR'S BUREAU GCVB) AND APPROPRIATING $52,850 FROM THE CONTINGENCY ACCOUNT AVAIMBLE BALANCE WHEREAS, the City Council of the City of Carlsbad has determined that it is in the best interest of the City to promote tourism and provide services to visitors to the City; and WHEREAS, the City Council has further determined that the Carlsbad Convention and Visitor's Bureau possesses the necessary skills to provide these services to the City of Carlsbad; and WHEREAS, the Carlsbad Convention and Visitor's Bureau has agreed to provide these services under the terms and conditions of the agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Mayor is hereby authorized to execute the attached agreement, Exhibit A, between the City of Carlsbad and the Carlsbad Convention and Visitor's Bureau to provide professional services related to the promotion of the City of Carlsbad. Ill Ill Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 0 e 3. That an appropriation of $52,850 from the Contingency account available balance is authorized. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the3day of August , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Fi NOES: None ABSENT: None Mayor ATTEST: 6ktL 4!.*ay ALETHA L. RAUTENKRANZ City Clerk (SEAL) 0 0 EXHIBIT A AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CONVENTION AND VISITOR'S BUREAU TO PROVIDE PROFESSIONAL SERVICES RELATED TO THE PROMOTION OF THE CITY OF CARLSBAD THIS AGREEMENT, made and entered into as of the Lhday of Sept . , 1996, and effective from August 1, 1996 to October 30, 1997, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as 'City," and the CARLSBAD CONVENTION AND VISITORS BUREAU, a non-profit corporation, hereinafter referred to as "CCVB." RECITALS The City requires the services necessary for the promotion of the City of Carlsbad; and the CCVB possess the necessary skills and qualifications to provide the services required by the City. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and the CCVB agree as follows: A. CCVB OBLIGATIONS The City agrees to engage, and the CCVB agrees to perform the services described below: A. Manage and coordinate a marketing program that positions Carlsbad as a prime destination in Southern California. B. Generate awareness of Carlsbad in those geographic regions of the United States which provide the largest number of visitors to Southern California each year. C. Operate the Visitor Information Center in the AT&SF Depot seven days per 0 week from 9 a.m. to 5 p.m. Monday through Friday, IO a.m. to 4 p.m. on Saturday, and 10 a.m. to 3 p.m. on Sunday except New Year's Day, Easter, Thanksgiving and Christmas Day to assist visitors to Carlsbad. D. Enhance the current travel writer's program by organizing additional visits to Carlsbad by several travel writers that result in published articles promoting Carl s bad. E. Promote local community events including the San Diego Marathon, the Carlsbad 5000, the Carlsbad Triathlon, the La Costa Golf event and the Toshiba tennis classic in the following ways: provide hotellmotel referrals 0 staff information booths as requested by the city and/or the private promoters 0 distribute promotional literature relafed to the events from the Visitor Information Center before and during the events. F. Develop private funding for advertising co-op programs, central reservations fees and other participatory fees to support a full-time, aggressive tourism marketing program. G. Implement an evaluative tracking method and submit quarterly reporting of the following information gathered from each phone call or visit to the Visitor Information Center: 1. Place of residence 2. Number of potential visitors 2 0 0 3. Purpose of trip (business or personal) 4. How they heard of Carlsbad 5. How they got the number of the Visitor Center H. Provide monthly and/or quarterly information on occupancy rates and room rates for the Carlsbad and the North San Diego County area. 1. Establish a corporatelgroup sales incentive program which would include special group rate and room-rate promotions during low season and sales to individual and group wholesalers. 2. CITY OBLIGATIONS The City will provide use of the Visitor Information Center at the AT&SF Depot, as well as any city owned equipment and furnishings currently located therein. 3. FEES TO BE PAID TO CCVB The total fee payable for the services to be performed shall not exceed $264,000. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, "Changes in Work". 4. DURATION OF CONTRACT This agreement shall extend for a period of fifteen (15) months beginning August 1, 1996 with an optional twelve (12) month extension. Staff will report to Counsel on the status of the contract no later than 120 days prior to the initial termination date of the contract. 3 0 m 5. PAYMENT OF FEES For the services described above, the City will compensate the CCVB as described below: A. Payments for the operations of the Visitor Center shall be made to the CCVB in equal monthly installments by the 15'h of each month for the 15 months beginnin$ August 1996 and ending October 1997. The monthly payment amount will be $7,800. B. Payments for all other programs will be released to the CCVB up to a maximum of $147,000. Funds will be released for the programs on a reimbursement basis up to the amounts shown below: 1. Travel Writer Program $1 5,500 3. Trade Shows 15,000 4. Advertising 70,500 5. Brochures 26,500 6. Video 500 Total Compensation $1 47!000 2. Promotion of local Community Events 19,000 Requests for reimbursement may be made no more frequently than monthly. The request should be submitted to the Finance Director in the form shown in Attachment 1 or in a similar format as approved by the Finance Director. All equipment and software licenses purchased under this agreement will be and shall remain the property of the City of Carlsbad. C. The City reserves the right to terminate or reduce the funding levels outlined in the Agreement in the event of City revenue reductions. Recommended reductions will be reported to the City Council who shall determine the modified funding level. 4 0 0 6. INFORMATION AND REPORTS The CCVB shall provide the City Council with quarterly reports of the activity and expenses of the CCVB as funded under this Agreement. These reports shall summarize activities and expenses for the three-month period ending in October 1996 and January, April, July, and October 1997 and include the following information: A. A written description of the activities of CCVB for the quarter. B. A statistical report showing the results of the information gathered from the inquiries at the Visitor Information Center as described in Section 1 .G. C. Reports as described in Section 1 .H. D. A statistical report showing the results of the corporate/group sales activities as described in Section 1. I. E. An accounting of the funds spent by program in the format shown in Attachment 2 or in a similar format as approved by the Finance Director 7. RECORDS AND INSPECTION The CCVB shall maintain full and accurate records with respect to all matters covered under this Agreement. The City shall have free access at all times to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings, and activities. These documents shall be retained for a period of one (1) year after completion of the contract. 5 0 0 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the CCVB or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the CCVB or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by the CCVB to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the Agreement. 9. COVENANTS AGAINST CONTINGENT FEES The CCVB warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the CCVB, to solicit or secure this Agreement, and that the CCVB has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 6 * 0 IO. NONDISCRIMINATION CLAUSE The CCVB shall comply with applicable State and Federal laws regarding nondiscrimination. 11. TERMINATION OF CONTRACT This agreement may be terminated by either party upon tendering thirty (30: days written notice to the other party. In the event of such suspension or termination, upon request of the City, the CCVB shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the CCVB shall be paid for work performed to the termination date; however, the total shall not exceed the fee payable under paragraph 4. The Finance Director shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The CCVB agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The CCVB acknowledges that if a false claim is submitted to the City, it may be considered fraud and the CCVB may be subject to criminal prosecution. The CCVB acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless 7 0 a disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. b (Initial) 13. STATUS OF THE CCVB The CCVB shall perform the services provided for herein in CCVB's own way as an independent contractor and in pursuit of CCVB's independent calling, and not as an employee of the City. CCVB shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the CCVB to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The CCVB is an independent contractor of the City. The payment made to the CCVB pursuant to the contract shall be the full and complete compensation to which the CCVB is entitled. The City shall not make any federal or state tax withholdings on behalf of the CCVB or hidher employees or subcontractors. The City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of the CCVB or hidher employees or subcontractors. The CCVB agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which the City may be required to make on behalf of the CCVB or any employee or 8 0 0 subcontractor of the CCVB for work done under this agreement or such indemnificatior amount may be deducted by the City from any balance owing to the CCVB. The CCVB shall be aware of the requirements of the Immigration Reform anc Control Act of 1986 and shall comply with those requirements, including, but not limitec to, verifying the eligibility for employment of all agents, employees, subcontractors anc Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The CCVB shall cause all final reports to conform to all applicable requirements of law: federal, state and local. CCVB shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. CCVB agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of CCVB. 15. OWNERSHIP OF DOCUMENTS AND EQUIPMENT All plans, studies, brochures, reports and equipment (including software licenses) as herein required or authorized to be purchased under this agreement are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all plans, studies, brochures, reports and equipment (including software licenses) shalt be delivered forthwith to the City. CCVB shall have the right to make one (1) copy of the documents for his/her records. 17. REPRODUCTION RIGHTS The City agrees that all copyrights which arise from creation of the work 9 0 0 pursuant to this contract shall be vested in the City and hereby agrees to relinquish all claims to such copyrights in favor of the City. 18. HOLD HARMLESS AGREEMENT CCVB agrees to indemnify and hold harmless the City of Carlsbad and it5 officers, officials, employees and volunteers from and against all claims, damages losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the CCVB, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. CCVB shall at his own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. CCVB's indemnification of City shall not be limited by any prior or subsequent declaration by the CCVB. 19. ASSIGNMENT OF CONTRACT The CCVB shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the CCVB shall subcontract any of the work to be performed under this contract by the CCVB, CCVB shall be fully responsible to the City for the acts and omissions of CCVB's subcontractor and of the persons either directly or indirectly 10 0 0 employed by the subcontractor, as CCVB is for the acts and omissions of persons directly employed by CCVB, Nothing contained in this contract shall create any contractual relationship between any subcontractor of CCVB and the City. The CCVE shall bind every subcontractor and every subcontractor of a subcontractor by the term5 of this contract applicable to CCVB's work unless specifically noted to the contrary ir the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the CCVB to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," all 11 0 terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City's conflict of interest code, that the CCVB will not be required to file a conflict of interest statement as a requirement of this agreement. However, CCVB hereby acknowledges that CCVB has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases CCVB from this responsibility. 26. INSURANCE The CCVB shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the CCVB, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V" and shall meet the City's policy for insurance as stated in Resolution No. 91 -403. 12 0 0 A. Coverage and Limits. CCVB shall maintain the types of coverage and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for CCVB's work for the City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the CCVB's profession with limits of not less than $1,000,000 per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. CCVB shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding 13 0 0 Workers' Compensation and Professional Liability. 2. The CCVB shall furnish certificates of insurance to the City before commencement of work. 3. The CCVB shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the CCVB fails to maintain any of the insurance coverage required herein, then the City will have the option to declare the CCVB in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverage may be maintained. The CCVB is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the CCVB or deduct the amount paid from any sums due the CCVB under this agreement. 14 0 0 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the CCVB in connection with the foregoing are as follows: For City: Title: City of Carlsbad Name: Finance Director Address: 1200 Carlsbad Village Drive Carlsbad CA 92008 For CCVB : Title: Carlsbad Convention and Visitors Bureau Name: Steve Link Address: P.O. Box 1401 Carlsbad, CA 92018 28. BUSINESS LICENSE CCVB shall insure they are in compliance with all City of Carlsbad Business License requirements for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or 15 0 0 discharge is sought. Executed by CCVB this 2 a a d day of bUG.u.5~- ,19 9 4. CCVB: c ITY: CARLSBA CONVEN NAND VISITOR UREAU Mayor By: NO J Ubil INE SIGAFPO$E lA& Chairperson of the Board /" ATTEST: By \>p:? : >- c --x ~- L, L WANAMAKER 9 Secretary of the Board ALETHA L. RAUTENKRANZ - 7 City Clerk September 4, 1996 Date 16 0 e ' .< I' . 1 STATE OF CALIFORNIA }ss. COUNTY OF c Qd b,,, l2 } - On 06 aa, \.5-<" L , before me, ._ J e~6'2 ( ry i personally appeared 00 f\ nsQ &< c,& G- A G Xe. , personally known to (or proved to me on the basis of satisfactory evidence) to be the person@) whose name0 is, subscribed to the within instrument and acknowledged to me that Wshe/tkey executed the si in kts/her/hir authorized capacity(ies), and that by htssiherltkeir signature@) on the instrumenl person@ or the entity upon behalf of which the person(f-) acted, executed the instrument. &ynm #!0485li TARY PUW\C CAL\FC';.' (Thss ai!:^ 101 ot+~c!al :jotaria: ><,al> - ---.. Title of Document rnd\.< acA r\, .. '1 L,l -0. X G7rAssn4 c CnbJ vi c Date of Document 2\72 I~L) No. of Pages \? +- GTT~ c L, Other signatures not acknowledged Ld - \.s q, j?Au4 &J k7A-n) c 7 ' __.-.-- ~--.~_~ ___.___ ____ 3008 (1!9( First American Title lrisuranc 0 (Proper notarial acknowledgment of execution by CCVB must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney BY ’ - Deputy City Attorney 17 e 0 ATTACHM Carlsbad Convention and Visitor's Bureau Reimbursement Request For the Period Ended I 199- Amount Requested lvisitor Center Operations Personnel: eI Staff Salaries Benefits Management Allocation Total Personnel Overhead: Utilities Outside Services MainVRental Equipment Allocation Omce Supplies Postage Travel Insurance Total Overhead I Equipment Purchases: L--t7 Give Item DescriptionlCost Total Equipment 0 Total Visitor Center Operations ]Program Expenditures Travel Writer Proqram #, nl a. Management Allocation Equipment Allocation Consultant Other (list) Subtotal Communitv Events Management Allocation Equipment Allocation Advertising Other (list) Subtotal Trade Shows Certification: Management Allocation Equipment Allocation Travel Costs SupplieslMaterials Subtotal Advertisinq I certify that the above amounts were spent for the purposes and in the amounts as set forth in the contract between the City of Carlsbad and the Carlsbad Convention and Visitors Bureau dated Signature E Management Allocation Equipment Allocation Advertisement (attach copy) Advertisement (attach copy) Advertisement (attach copy) Advertisement (attach copy) Other Subtotal Brochures wx Management Allocation Equipment Allocation Design and Printing Subtotal Video - Management Allocation Production Costs Subtotal 0 Total Program Expenditures TOTAL AMOUNT REQUESTED FOR REIMBURSEMENT n 0 e ATTACHM Carlsbad Convention and Visitor's Bureau Accounting of Funds For the Quarter Ended ,199- TOTAL EXPENSES For the Quarter Contract to Date lvisitor Center Operations I Personnel %e Staff Salaries Benefits Management Allocation Total Personnel Overhead ~~ Utilities Outside Services MainffRental Equipment Allocation Office Supplies Postage Travel Insurance Total Omhead Eaui~ment Purchases - 0 + Grve Item DescriptionlCost Total Equipment 0 Total Visitor Center Operations I Program Expenditures Travel Writer Roqram &a3 H,& RBI %e Management Allocation Equipment Allocation Consultant Other (list) Subtotal Cornrnunitv Events Management Allocation Equipment Allocation Advertising Other (list) Subtotal Trade Shows Management Allocation Equipment Allocation Travel Costs SupplieslMaterials Subtotal Advertising E Management Allocation Equipment Allocation Advertisement (attach copy) Advertisement (attach copy) Advertisement (attach copy) Advertisement (attach copy) Other Subtotal I Brochures Management Allocation Equipment Allocation Design and Printing Subtotal w L-t7% Management Allocation Roduction Costs Subtotal Total Program Expenditures 0 0 0 0 TOTAL PERIOD EXPENDITURES CALIFORNIA ALL-P aOSE ACKNOWLEDGMENT @ personally appeared whose name(s) isiare subscribed to the within instrumer and acknowledged to me that heisheithey executed th same in hidheritheir authorized capacity(ies), and that b hidheritheir signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) actec executed the instrument. .-~...- Though the information below is not required by law, it may prove valuable to persons relying on the document and could preveni fraudulent removal and reattachment of this form lo another document. Description of Attached Document Title or Type of Document: . ______~~ ~-_. __.. Document Date: Signer(s) Other Than Named Above: ____ Number of Pages: CapacityQes) Claimed by Signer(s) .. 0 Individual ,. j Individual 0 Corporate Officer U Partner - Limited : ' General . .: Partner - ' Limited iL General 17 Attorney-in-Fact :. Attorney-in-Fact 13 Guardian or Conservator : Guardian or Conservator r..: Corporate Officer Title(s) : Tit le( s) : __ ..- Other: 1 :I Other: ____.....___ _____ -~____ .~-- _._____.__ ~ Signer Is Representing: Signer Is Representing: .---... ~-. _-.. ._._._. ~ ____... .~.. .... .. ~ ~ . . ... . .~_~_ --... __ _._... ~ ~.~ ____ ___. ~ ..~ ~~-. .~ __.___.__ .~ . ~ __ . . .~. ~~ ~~ ~~~ _.....____.._