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Home My WebLink About2006-11-30; Carlsbad Tourism Business Improvement District; 1106-12; Conventions & Visitors Bureau AgreementsCARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT AGENDA BILL AB# MTG. DEPT. 1106-12 11-30-06 Admin Services Approve Extension of Agreements between CTBID and the Carlsbad Convention and Visitors Bureau and the San Diego North Convention and Visitors Bureau CTBID STAFF (l<^ GENERAL ~/?Q COUNSEL (_£Z~ RECOMMENDED ACTION: Adopt Resolution No. 2006-9 Authorizing the Chairperson to enter into agreements between the CTBID and the Carlsbad Convention and Visitors Bureau (CCVB) and the San Diego North Convention and Visitors Bureau (SDNCVB) for tourism promotion services for the period January 1, 2007 through March 31, 2007. ITEM EXPLANATION: At its August 31, 2006 meeting, the CTBID Board approved extension of the current contracts with CCVB and SDNCVB for the period January 1, 2007 through March 31, 2007. The current contracts expire on December 31, 2006. The Board asked staff to return with documents that would allow the Board to continue the services currently being provided by CCVB and SDNCVB to the Carlsbad tourism industry through the end of December 2006. Attached to this agenda bill are two agreements that accomplish this objective. The agreement with CCVB will provide funding of $102,000 for the three-month period through March 2007, paid at the rate of $34,000 per month. The agreement with SDNCVB will provide $24,999.99 for this same period, paid at the rate of $8333.33 per month. Staff recommends that the Board adopt the attached resolution authorizing the Chairperson to enter into the agreements with both agencies. FISCAL IMPACT: The CTBID began operation on January 1, 2006. In the period January through August the CTBID has collected $523,309 in assessments. This reflects an average occupancy rate of about 64.8% for the 3,600 hotel rooms currently available in the City. Projected revenue for 2006-07 is based on an average occupancy rate of 60%. Revenues for 2006-07 are estimated at $790,000 based on average occupancy rates experienced by Carlsbad hotels. The total payment to both agencies for this three-month period is $127,000. ENVIRONMENTAL IMPACT: This action does not approve any projects that will have a physical adverse affect on the environment so it falls within the general rule under CEQA that this is not a project (CEQA Regulation 153789(b)). EXHIBITS: 1. Resolution No. 2006-9 Extending Agreements with CCVB and SDNCVB with exhibits DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2409, cgerh@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED D CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER - SEE MINUTES D AMENDED D 1 RESOLUTION NO. 2006-9 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 (SDNCVB) 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 12 conduct the business of the CTBID in the time, place and manner that best suits the needs of the 13 Board of Directors of the CTBID, subject to the control of federal, state and local laws governing 14 the activities of a Business Improvement District; and 15 WHEREAS, the City Council has provided the Board of Directors with the ability to 16 contract for services necessary to carry out the purpose of the CTBID; and 17 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 19 through the use of agencies that currently exist in the community to provide these services; and 20 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 22 promotion of tourism; and 23 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 25 they relate to the group sales travel market; and 26 27 28 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 January 1, 2007 through June 3 30,2007, 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. 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -2- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Tourism Business Improvement District on the 3 ^day of (M D W&wipe-V- 2006, by the following vote to wit: AYES: NOES: ABSENT: Chairperson ATTEST: LORRAINE WOOD Pro Tem Clerk of the Carlsbad Tourism Business Improvement District /// /// /// /// /// /// /// /// /// /// -3- EXHIBIT 1 AGREEMENT FOR PROMOTION OF TOURISM AND VISITOR SERVICES CARLSBAD CONVENTION AND VISITORS BUREAU This Agreement between the Carlsbad Tourism Business Improvement District (CTBID) and the Carlsbad Convention and Visitors Bureau (CCVB) (collectively, the "Parties") is entered into and effective as of the 1st day of January, 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 Carlsbad Convention and Visitors Bureau, ("Contractor"). RECITALS A. The Parties desire to extend the terms and conditions of the Agreement for a period of six (6) months, from January 1, 2007 through June 30, 2007; and B. 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 Agreement is hereby entered into for a period of six (6) months beginning January 1 , 2007 through June 30, 2007. 2. 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 six (6) monthly installments of thirty-four thousand dollars ($34,000) each month. The first installment shall be payable in the first full week of January. Subsequent installments shall be paid in the first full week of each month, through the term of this agreement. 3. 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. 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. 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. CONTRACTOR M (sign here) K I AJLJ u fl(Afcu AJLJ (prfnt namstele) CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT: a Business Improvement District as defined in section 36500 of the California Streets and Highways Code \Ar\ (e-mail address) By: (iYasi-tO\fe£JYri (sign here) (e'-maftiidtiress) / ATTEST: LORfeAINE M. WOdD ' Pro Tern Clerk of the Carlsbad Tourism Business Improvement District 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 Bv: Counsel ag, City Attorney Approved Version #05.22.01 EXHIBIT 2 AGREEMENT FOR PROMOTION OF TOURISM AND VISITOR SERVICES SAN DIEGO NORTH CONVENTION AND VISITORS BUREAU This Agreement between the Carlsbad Tourism Business Improvement District (CTBID) and the San Diego North Convention and Visitors Bureau (SDNCVB) (collectively, the "Parties") is entered into and effective as of the 1st day of January, 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. The Parties desire to extend the terms and conditions of the Agreement for a period of six (6) months, from January 1, 2007 through June 30, 2007; and B. 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. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Parties agree as follows: 1. The Agreement is hereby entered into for a period of six (6) months beginning January 1, 2007 through June 30, 2007. 2. 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 six (6) monthly installments of eight thousand three hundred thirty-three dollars and thirty-three cents ($8,333.33) each month. The first installment shall be payable in the first full week of January. Subsequent installments shall be paid in the first full week of each month, through the term of this agreement. 3. 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. 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. 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. CONTRACTOR *D\ (sign here) LAM I P#<is (print nam'e/title) CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT: a Business Improvement District as defined in section 36500 of the California Streets and Highways Code By: (e-mail address) *By: (sign here) (print name/title) LORRAINE M. WOOD Pro Tern Clerk 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. APPROVED AS TO FORM: RONALD R. BALL, General Counsel General Counsel City Attorney Approved Version #05.22.01