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HomeMy WebLinkAbout2005-08-02; City Council; Resolution 2005-2381 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXTENSION OF THE AGREEMENT WITH THE CARLSBAD CONVENTION AND VISITOR’S BUREAU FOR VISITOR AND PROMOTIONAL SERVICES WHEREAS, the City of Carlsbad entered into an agreement with the Carlsbad Convention and Visitor’s Bureau, dated June 23, 2004, for the provision of visitor and promotional services; and WHEREAS, said agreement expired on June 30,2005; and WHEREAS, the City Council is working with the tourist industry on the development of a Business Improvement District that will provide increased funding for tourism, visitor and promotional activities; and WHEREAS, a full determination of the funding program for tourism programs within the City of Carlsbad cannot be presented to the City Council until the details of the proposed Business Improvement District have been properly approved by the City Council and the businesses within the Business Improvement District boundaries; and WHEREAS, the City Council wishes to assure that tourism promotion activities described in the existing contract with the Carlsbad Convention and Visitor’s Bureau continue to be delivered during this interim period between July 1 , 2005 and the formation of the Business Improvement District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. That the above recitations are true and correct. That the attached Amendment No. 1 to Extend the Agreement for Promotion of Tourism and Visitor Services, Carlsbad Convention and Visitor’s Bureau, is approved by the City Council, and the Mayor is authorized to execute said Amendment. That the attached Amendment shall be retroactive to June 30, 2005. 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the 2nd day of AUGUST I 2005 by the following roll call vote, to wit: Ill Ill AYES: Council Members, Lewis, Hall, Kulchin, Packard NOES: None ABSENT: Council Member Sigafoo v- LVVW - CLAUDE A. LEWIS, Mayor ATTEST: \ LORRAINE M. WOOD, City Clerk AMENDMENT NO.l TO EXTEND THE AGREEMENT FOR Promotion of Tourism and Visitor Services Carlsbad Convention and Visitor’s Bureau This Amendment No. 1 is entered into and effective as of the 1’‘ day of July 2005, extending the agreement dated June 23, 2004 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, (“City”), and The Carlsbad Convention and Visitor’s Bureau, (“Contractor”) (collectively, the “Parties”). RECITALS A. The Parties desire to extend the Agreement for a period of sixty-two (62) days; and B. The City continues to require the visitor and promotional services provided by Carlsbad Convention and Visitor’s Bureau. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement is hereby extended for a period of sixty-two (62) days beginning July I, 2005 and ending on August 31,2005. 2. Compensation terms in the original agreement for all programs and services shall revised to read “ Payment for services will be made in one lump sum payment of sixty-eight thousand dollars ($68,000).” 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. 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. ... ... ... ... ... ... ... ... 1 City Attorney Approved Version #05.22.01 .. 4. 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. (sign n here) / If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, 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@) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney n By: - Dep&+City Attorney rf 1/0 s': 2 City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of - } SS. d. &Y+J~82Es’ 9 Officer (e g , “Jane Doe, Notary Public”) personally appeared Hfib 1 Place Notary Seal Above 0 personally known to me $ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that keCsRelthey executed the same in -kif/ker/their authorized capacity(ies), and that by kisffterltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. OPTlONA L 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. Signer(s) Other Than Named Above: Uodw- Capacity(ies) Claime by Signer@) Signer’s Name: fkk &- C 6? I Signer’s Name: p&’rd Ck e. F&R/d ndividual Corporate Officer - Title@): h Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 9-F I Top of thumb here I 0 Partner - 0 Limited 0 General 0 Attorney in Fact Trustee Guardian or Conservator 0 Other: IK I Signer Is Representing: P,!..’ ~ ,’ * J 4,. 7:; cC€Ct= I: I 0 2004 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 9131 3-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 3