HomeMy WebLinkAbout2009-05-19; Carlsbad Tourism Business Improvement District; 05-09-44; Approve Agreement Between CTBID and CCVBCARLSBAD TOURISM
BUSINESS IMPROVEMENT DISTRICT
AGENDA BILL
AB#
MTG.
05-09-44
DEPT.
5-19-09
Admin
Services
Approve Agreement between CTBiD
and the Carlsbad Convention and
Visitors Bureau
CTBID STAFF
GENERAL
COUNSEL
RECOMMENDED ACTION:
1 Receive report from Reint Reinders and Associates t,„,„,„„„
9 AdoDt Resolution No 2009-4 authorizing the Chairperson to enter into agreement between
fhSsb^tSur' m Business Improvement District (CTBID) and ^aHsbf^^^^^^^^^^
and Visitors Bureau (CCVB) for tourism promotion services for the period July 1, ^0U9
through June 30, 2010.
ITFM EXPLANATION:
The CTBID Board has contracted w/ith Reint Reinders & Associates (RR&A) since April 2008 to
develop marketing strategies and programs that will strengthen f iLmn tlndslorm^ketina
Carlsbad and to recommend the best strategy for deploying available CTBID for m^^^^^^^^
the destination of Carlsbad. RR&A presented an oveiview of their recommended plan for the
remainder of the 2008-2009 fiscal year at the October 14th Board meeting and he Board
Thorized S to procure the assistance of Mindgruve advertising agency in >rnplement,ng a
IpHng Marketing initiative. The goal of the plan was to have in place by July 1, 2009 a newly
formed Destinatfon Marketing Organization ("DMO") with a new executive as ^ader and a new
2009-2010 Business Plan and Budget. The new DMO will be the existing Carlsbad Convention
and Visitors Bureau 501 C-6 corporation with a new look and feel together with new visuals an
enhancedTntemet strategy, and many other components of the plan. It will function under the
new name VisitCarisbad.
To qet to this final structure. RR&A formed a "transition team" to have the support of a working
group to achieve the goals of the CCVB. the CTBID and the Carisbad touristri community at
larqe RR&A worked with the transition team to write new Bi-Laws appropriate for the new DMO
structure and operation. They also conducted a search for the executive director to head up the
new DMO. This candidate has been identified and will be hired by the new DMO Board at their
next meeting.
RR&A and the transition team have developed the 2009-10 budget presented a* Exhibit 1 along
with a 2009-10 contract for services. The CTBID Board should receive the report from RR&A and
discuss the proposal. Following the discussion, if the Board would like contract with the new
DMO to provide services for 2009-10 as listed in the contract, the CTBID Board should adopt the
attached resolution authorizing the Chairperson to enter into the agreement.
FISCAL IMPACT:
For the fiscal year 2009-10, projected revenues for the CTBID are estimated at $785,000. The
total payment for this contract is for this twelve-month period is $722,895.
E^jVIROhiMFNTAI. IMPAQI: v„, adverse affect on the
Regulation 153789(b)).
mSSSS.' i agreement between the
June 30, 2010.
-i. 7«n Rn9 2409 (rirrhp^ri fprK.had.ca.us
DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2409. ca^
BOARDACTION:
CONTINUED
WITHDRAWN
AMENDED
O
D
•
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CONTINUED TO DATE SP^^
CONTINUED TO DATE UNKNOWN u
RETURNED TO STAFF
OTHER -SEE MINUTES °
EXHIBIT 1
1 RESOLUTION NO. 2009-4
2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD TOURISM BUSINESS IMPROVEMENT
^ DISTRICT, AUTHORIZING THE CHAIRPERSON TO
EXECUTE AGREEMENT WITH THE CARLSBAD
CONVENTION AND VISITORS BUREAU (CCVB) 4
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WHEREAS, The City Council ofthe City of Carlsbad adopted Ordinance No. NS-778
enacting Chapter 3.37 of the Carlsbad Municipal Code on November 15,2005 thereby creating
the Carlsbad Tourism Business Improvement District (CTBID); and
WHEREAS, the primary purpose ofthe CTBID is to promote tourism and provide
services to visitors to the City of Carlsbad; and
WHEREAS, the City Council has authorized the Board of Directors of the CTBID to
conduct the business ofthe CTBID in the time, place and manner that best suits the needs of the
Board of Directors ofthe CTBID, subject to the control of federal, state and local laws goveming
the activities of a Business Improvement District; and
WHEREAS, the City Council has provided the Board of Directors with the ability to
contract for services necessary to carry out the purpose of the CTBID; and
WHEREAS, the Board of Directors ofthe CTBID has determined that it is in the best
interest ofthe District to promote tourism and provide services lo visitors to the City of Carisbad
through the use of agencies that currently exist in the community to provide these ser\'ices; and
WHEREAS, the Board of Directors has determined that the Carisbad Convention and
Visitors Bureau (CCVB) possesses the necessary skills to provide services related to the
promotion of tourism; and
WHEREAS, the CCVB intends to obtain all necessary documents to do business as
VisitCarlsbad; and
WHEREAS, the CCVB has revised ils Bylaws to reduce the number of directors on its
Board to Seven; and
WHEREAS, the CCVB has agreed that the initial Board of Directors will nol be changed
without approval ofthe CTBID Board during the term of the contract; and
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WHEREAS, the CCVB has agreed to provide tourism services under the terms and
conditions of the agreement attached hereto for the term July 1,2009 through June 30,2010,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors ofthe Carisbad
Tourism Business Improvement District, as follows:
1. That the above recitations are true and correct.
2. That subject to review and approval of the CTBID General Counsel, the Chairperson
is hereby authorized to execute the attached agreement. Exhibit 1, between the
CTBID and the CCVB lo provide professional services related to tourism promotion.
3. That the CTBID Board understands that the initial seven directors of the CCVB
Board are:
Randy Nakagawa, Director of Marketing Grand Pacific resorts
Rob Sapp, Regional Director of Hotel Marketing, Four Seasons Resort
Robert Moore, General Manager, Hilton Garden Inn, Carlsbad Beach
Kim Akers, General Manager, West Inn & Suites
Peter Kock, Director Marketing & Sales, LEGOLAND Califomia
George Allen, Director of Sales, La Costa Resort & Spa
Saeed Hosseni, General Manager, Hilton Homewood Suites
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Tourism
Business Improvement District Board of Directors on the 19* day of May 2001, by the following
vote, to wit:
AYES: Board Members Stripe, Becerra, Canepa.
NOES: None.
ABSENT: Board Members Shute, Cima, Howard-Jones.
ABSTAIN: Board Member Nayudu.
April Shute,Chairpens(in
ATTEST:
EXHIBIT 1
AGREEMENT FOR PROMOTION OF TOURISM AND VISITOR SERVICES
CARLSBAD CONVENTION AND VISITORS BUREAU
THIS AGREEMENT is made and entered into as of the day of
20 , by and between the Carisbad Tourism Business
Improvement District (CTBID), and the Carlsbad Convention and Visitors Bureau,
("Contractor").
RECITALS
A. CTBID requires the professional services of a contractor that is
experienced In tourism and visitor promotion programs and services.
B. Contractor has the necessary experience in providing professional
services and advice related to the promotion of tourism in Carisbad.
C. Selection of Contractor is expected to achieve the desired results In an
expedited fashion.
D. Contractor has submitted a proposal to CTBID and has affirmed its
willingness and ability to perfonn such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CTBID and Contractor agree as follows:
1. SCOPE OF WORK
CTBID retains Contractor to perfonn, and Contractor agrees to render, those services
(the "Services") that are defined in attached Exhibit "A", which is incorporated by this
reference in accordance with this Agreement's tenns and conditions.
2. STANDARD OF PERFORMANCE
While perfonning the Services, Contractor will exercise the reasonable professional
care and skill customarily exercised by reputable members of Contractor's profession
practicing in the Metropolitan Southern California Area, and will use reasonable
diligence and best judgment while exercising its professional skill and expertise.
3. TERM
The term of this Agreement will be effective for a period of one (1) year from the date
July 1, 2009 through June 30, 2010.
4. TIME IS OF THE ESSENCE
Time is of the essence for each and every provision of this Agreement.
CTBID Attomey Approved Version #05.06.08
5. COMPENSATION . . . ^
The total fee payable for the Services to be performed during the initial Agreement temi
will be Seven Hundred Twenty Two Thousand Eight Hundred Ninety Five dollars
($722 895). No other compensation for the Services will be allowed except for items
covered by subsequent amendments to this Agreement. The CTBID reserves the right
to withhold a ten percent (10%) retention until CTBID has accepted the wori< and/or
Services specified in Exhibit "A".
Compensation will be made in twelve (12) monthly installments of Sixty Thousand Tvvo
Hundred Fourty One dollars ($60,241) each month for a total of $722,895 as detailed in
the attached Exhibit A to this Agreement. The first installment shall be payable in the
first full week of July 2009. Subsequent installments shall be paid in the first full week of
each month, through the term of this Agreement.
The CTBID reserves the right to terminate or reduce funding levels outlined In the
Agreement in the event of CTBID revenue reductions. Recommended deductions will
be reported t to the CTBID Board who shall determine the modified funding level.
6. STATUS OF CONTRACTOR
Contractor will perfonn the Services in Contractor's own way as an independent
contractor and In pursuit of Contractor's Independent calling, and not as an employee of
CTBID. Contractor will be under control of CTBID only as to the result to be
accomplished, but will consult with CTBID as necessary. The persons used by
Contractor to provide services under this Agreement will not be considered employees
of CTBID for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and
complete compensation to which Contractor is entitled. CTBID will not make any
federal or state tax withholdings on behalf of Contractor or its agents, employees or
subcontractors. CTBID will not be required to pay any wori<ers' compensation insurance
or unemployment contributions on behalf of Contractor or its employees or
subcontractors. Contractor agrees to indemnify CTBID within thirty (30) days for any
tax, retirement contribution, social security, overtime payment, unemployment payment
or workers' compensation payment which CTBID may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under
this Agreement. At the CTBID's election, CTBID may deduct the indemnification amount
from any balance owing to Contractor.
7. SUBCONTRACTING
Contractor will not subcontract any portion ofthe Services without prior written approval
of CTBID. If Contractor subcontracts any of the Services. Contractor will be fully
responsible to CTBID for the acts and omissions of Contractor's subcontractor and of
the persons either directly or indirectly employed by the subcontractor, as Contractor is
for the acts and omissions of persons directly employed by Contractor, Nothing
contained in this Agreement will create any contractual relationship between any
CTBID Attorney Approved Version #05.06.08
subcontractor of Contractor and CTBID. Contractor will be responsible for payment of
subcontractors. Contractor will bind every subcontractor and every subcontractor of a
subcontractor by the tenns of this Agreement applicable to Contractor's woric unless
specifically noted to the contrary in the subcontract and approved in writing by CTBID.
8. OTHER CONTRACTORS
The CTBID reserves the right to employ other Contractors in connection with the
Services.
9. INDEMNIFICATION ^ . ,
Contractor agrees to indemnify and hold hannless the CTBID and Its officers, officials,
employees and volunteers from and against all claims, damages, losses and expenses
including attorneys fees arising out of the perfomiance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or Indirectly employed by any of them or anyone for
whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense CTBID
incurs or makes to or on behalf of an injured employee under the CTBID's self-
administered workers' compensation is Included as a loss, expense or cost for the
purposes of this section, and that this section will survive the expiration or early
tennination of this Agreement.
10. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement 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 services by Contractor
or Contractor's agents, representatives, employees or subcontractors. The insurance
will 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-:VII". OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating In the latest Best's Key Rating Guide
of at least "A:X".
10.1 Coverages and Limits.
Contractor will maintain the types of coverages and minimum limits indicated below,
unless CTBID Attorney or CTBID Manager approves a lower amount. These minimum
amounts of coverage will not constitute any limitations or cap on Contractor's
indemnification obligations under this Agreement. CTBID, its officers, agents and
employees make no representation that the limits of the insurance specified to be
carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If
Contractor believes that any required insurance coverage is inadequate, Contractor will
obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense.
CTBID Attorney Approved Verston #05.06.08
10.1.1 Commercial General Liabilitv 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 will apply
separately to the woric under this Agreement or the general aggregate will be twice the
required per occurrence limit.
10.1.2 Automobile Liabilitv (If the use of an automobile is involved for
Contractor's work for CTBID). $1,000,000 combined single-limit per accident for bodily
injury and property damage.
10.1.3 Woricers' Compensation and Emolover's Liabilitv. Workers'
Compensation limits as required by the California Labor Code. Workers' Compensation
will not be required if Contractor has no employees and provides, to CTBID's
satisfacfion, a declaration stating this.
10.1.4 Professional Liabilitv. Errors and omissions liability appropriate to
Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must
be maintained for a period of five years following the date of completion ofthe work.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The CTBID will be named as an additional Insured on General
Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 This insurance will be in force during the life of the Agreement and
any extensions of it and will not be canceled without thirty (30) days prior written notice
to CTBID sent by certified mail pursuant to the Notice provisions of this Agreement.
10.3 Providing Certificates of Insurance and Endorsements. Prior to CTBID's
execution of this Agreement, Contractor will furnish certificates of Insurance and
endorsements to CTBID.
10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these
insurance coverages, then CTBID will have the option to declare Contractor in breach,
or may purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Contractor is responsible for any
payments made by CTBID to obtain or maintain insurance and CTBID may collect these
payments from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
CTBID Attorney Approved Version #05.06.08
10.6 Submission of Insurance Policies. CTBID reserves the right to require, at
anytime, complete and certified copies of any or all required insurance policies and
endorsements.
11. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carisbad Business License for the tenn of
the Agreement, as may be amended from time-to-time.
12. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred
under this Agreement All records will be cleariy Identifiable. Contractor will allow a
representative of CTBID during normal business hours to examine, audit, and make
transcripts or copies of records and any other documents created pursuant to this
Agreement. Contractor will allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
13. OWNERSHIP OF DOCUMENTS
All woric product produced by Contractor or its agents, employees, and subcontractors
pursuant to this Agreement is the property of CTBID. In the event this Agreement is
terminated, all work product produced by Contractor or its agents, employees and
subcontractors pursuant to this Agreement will be delivered at once to CTBID.
Contractor will have the right to make one (1) copy of the work product for Contractor's
records.
14. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in CTBID
and Contractor relinquishes all claims to the copyrights in favor of CTBID.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive written
notice on behalf of CTBID and on behalf of Contractor under this Agreement.
For CTBID: Phone No. 760-62-2409
Chervl Gerhardt
CTBID Staff
Administrative Services
Citv of Carisbad
1635 Faradav Ave.
Carisbad. CA 92008
CTBIO Attorney Approved Version #05.06.08
lily
For Contractor: Address
Name
Phone No.
Title
Each party will notify the other immediately of any changes of address that would
require any notice or delivery to be directed to another address.
16. CONFLICT OF INTEREST
CTBID will evaluate Contractor's duties pursuant to this Agreement to detennine
whether disclosure under the Political Refonn Act and CTBID's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents, or subcontractors.
Should It be determined that disclosure is required. Contractor or Contractor's affected
employees, agents, or subcontractors will complete and file with the CTBID Clerk those
schedules specified by CTBID and contained in the Statement of Economic Interests
Fonn 700.
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the CTBID an affidavit disclosing this interest.
17. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully infonned of federal, state and local laws and ordinances and
regulations which in any manner affect those employed by Contractor, or in any way
affect the perfonnance of the Services by Contractor. Contractor will at ali times observe
and comply with these laws, ordinances, and regulations and will be responsible for the
compliance of Contractor's services with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Refonn and Control Act
of 1986 and will comply with those requirements, including, but not limited to, verifying
the eligibility for employment of all agents, employees, subcontractors and consultants
that the services required by this Agreement.
18. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations
prohibiting discrimination and harassment.
19. DISPUTE RESOLUTION
If a dispute should arise regarding the perfonnance of the Services the following
procedure will be used to resolve any questions of fact or interpretation not othenA/ise
settled by agreement between the parties. Representatives of Contractor or CTBID will
CTBID Attomey Approved Version #05.06.08
reduce such questions, and their respective views, to writing. A copy of such
documented dispute will be fonwarded to both parties involved along with recommended
methods of resolution, which would be of benefit to both parties. The representative
receiving the letter will reply to the letter along with a recommended method of
resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be fonwarded to the CTBID
Manager. The CTBID Manager will consider the facts and solutions recommended by
each party and may then opt to direct a solution to the problem. In such cases, the
action of the CTBID Manager will be binding upon the parties involved, although nothing
in this procedure will prohibit the parties from seeking remedies available to them at law.
20. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perfonn the Services,
CTBID may terminate this Agreement for nonperfonnance by notifying Contractor by
certified mail of the tennination. If CTBID decides to abandon or indefinitely postpone
the woric or services contemplated by this Agreement. CTBID may terminate this
Agreement upon written notice to Contractor. Upon notification of termination,
Contractor has five (5) business days to deliver any documents owned by CTBID and all
woric in progress to CTBID address contained in this Agreement. CTBID will make a
detemiination of fact based upon the work product delivered to CTBID and of the
percentage of work that Contractor has performed which is usable and of worth to
CTBID in having the Agreement completed. Based upon that finding CTBID will
detennine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may
terminate this Agreement. In this event and upon request of CTBID, Contractc)r will
assemble the work product and put it in order for proper filing and closing and deliver it
to CTBID. Contractor will be paid for work perfonned to the tennination date; however,
the total will not exceed the lump sum fee payable under this Agreement CTBID will
make the final determination as to the portions of tasks completed and the
compensation to be made.
21. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor 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. CTBID will 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 the fee. commission,
percentage, brokerage fees, gift, or contingent fee.
22. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to
CTBID Attorney Approved Version #05.06.08
i,i
CTBID must be asserted as part of the Agreement process as set forth in this
Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor
acknowledges that if a false claim is submitted to CTBID. it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
Califomia Government Code sections 12650 et seo.. the False Claims Act applies to
this Agreement and, 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 infonnation or in reckless disregard of the truth or falsity of
infonnation. If CTBID seeks to recover penalties pursuant to the False Claims Act, it is
entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges
that the filing of a false claim may subject Contractor to an administrative debannent
proceeding as the result of which Contractor may be prevented to act as a Contractor
on any public woric or improvement for a period of up to five (5) years. Contractor
acknowledges debamient by another jurisdiction is grounds for CTBID to terminate this
Agreement.
23. JURISDICTIONS AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of
enforcing a right or rights provided for by this Agreement will be tried in a court of
competent jurisdiction in the County of San Diego, State of Califomia. and the parties
waive all provisions of law providing for a change of venue in these proceedings to any
other county.
24. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon CTBID
and Contractor and their respective successors. Neither this Agreement or any part of it
nor any monies due or to become due under it may be assigned by Contractor without
the prior consent of CTBID, which shall not be unreasonably withheld.
25. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated
by it. along with the purchase order for this Agreement and its provisions, embody the
entire Agreement and understanding between the parties relating to the subject matter
of it. In case of conflict, the tenns of the Agreement supersede the purchase order.
Neither this Agreement nor any of its provisions may be amended, modified, waived or
discharged except in a writing signed by both parties.
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CTBID Attorney Approved Version #05.06.08
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26. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf
of Contractor each represent and wan-ant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CTBID OF CARLSBAD, a municipal
corporation ofthe State of California
*By: By:
(sign here) April Shute CTBID Board Chair
(print name/title) ATTEST*
(e-mail address)
^By:
(sign here) LORRAINE M. WOOD
CTBID Cleric
(print name/title)
(e-mail address)
If required by CTBID, proper notarial acknowledgment of execution by contractor
must be attached. If a Corooration. Agreement must be signed by one corporate
officer from each of the following two groups.
*Group A, **Group B.
Chainnan. Secretary,
President, or Assistant Secretary,
Vice-President 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, CTBID Attorney
By:
Deputy CTBID Attomey
CTBID Attomey Approved Version #05.06.08
EXHIBIT A
Scope of Services
1. VisitCarlsbad ^ Board will be appointed by the CTBID Board and
provide a quarterly and year-end report on the program of work
deliverables which shall include an accounting of funds spent by
program in a format approved by the CTBID Board. Allocation of
the unspent funds shall be determined by the CTBID Board.
2. Develop a program of work that is primarily focused on driving
demand in the leisure market segment and secondarily, the
meetings market. The VisitCarlsbad Board will approve the
program of work and corresponding budget allocations.
3. Update current market Intelligence on the Carlsbad visitor profile.
Research findings will be shared and communicated to the tourism
community and incorporated in the development of future
marketing strategies.
4. Primarily focus on visitcarlsbad .com as the primary distribution
channel for new business opportunities for CTBID properties and
Carlsbad community suppliers.
a. Design and launch a new website consistent with Carlsbad
new brand elements.
b. Partner with local tourism suppliers to develop new products
or packages consistent with the current market demand for
special offers.
c. Develop visitor-relevant content.
1 VisitCarlsbad Is the dba to be used by the Carlsbad Convention and
Visitors Bureau effective June 2009.
CTBID Attomey Approved Version #05.06.08
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EXHIBIT A
d. Launch the Carlsbad Tourism Community (CTC-net), a
secured back-end that enables local tourism suppliers to
upload information on their respective businesses for free.
5. Deliver an interactive marketing campaigns focused on driving
traffic to visltcarlsbad.com and hotel reservations. Promotional
campaigns will Include but not limited to pay-per-click advertising,
microsite campaigns, and email marketing.
6. Contract for meetings market hotel leads and bookings with San
Diego North Convention and Visitors Bureau (SDNCVB).
7. Promote Carlsbad hotels in a nationwide, online DMO network with
access to solicit non-commisslonable leads to over 20,000 meeting
professionals with quarterly email marketing campaigns. Each
email campaign will focus on specific need periods of Carlsbad
hotels.
8. Pitch editorial to travel writers and write relevant content for the
website, including:
a. Manage and distribute "What's New" to key travel
publications
b. Pitch Carlsbad's unique experiences to travel writers
c. Work collaboratively with San Diego Convention and Visitors
Bureau (ConVis) and SDNCVB in hosting travel writers to the
destination,
9. Manage the visitor center, visitor publications and collateral,
Including:
a. Service visitor walk-ins with visitor information.
b. Solicit opt-ins for future email marketing communications
c. Refer visitors to local tourism suppliers
CTBID Attomey Approved Version #05.06.08
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EXHIBIT A
d. Managing visitor publications distribution and other
collateral.
10. Develop partnerships and coop opportunities with Carlsbad
TBID hotels, local tourism suppliers, and regional DMOs, such as
ConVIs and San Diego North.
a. Align public relationship efforts with ConVis and SDNCVB.
b. Develop coop advertising with Carlsbad hotels and local
suppliers In advertizing coops (i.e., California Travel and
Tourism Commission, ConVIs and SDNCVB publications).
CTBID Attomey Approved Version #05.06.08
12
visit Carlsbad DMO
Preliminary FYIO Budget
FYIO Budget
INCOME
Public Sources
aeiD Revenues 722.895
City of Carlsbad
Total Public Sources 722,895
TOTAL INCOME 722,895
EXPENSE
labor
Salaries 185,000
Payroll Taxes 14,900
Benefits 18,400
Total Labor 218,300
Promotional Programs
Advertising & Production 60,000
Research 5,000
Outside Services-Interactive Marketing 300,000
Outside Services-Group Direct Sales 60,000
Travel & Entertainment 14,700
Dues 8i Subscription 7,500
Collateral Production & Fulfillment 32,000
Events
Total Promotional Programs 479,200
General Administration
Bank Charges
Equipment Rental &. Maintenance 7,000
Facility Repair 8t Maintenance
Insurance 2,395
Office Supplies 700
Postage 700
Taxes
Telephone 3,150
Utilities 3,750
Professional Services (legal, audit) 5,700
Miscellaneous 2,000
Total G&A 25,395
TOTAL EXPENSE 722,895
OVER/(UNDER) 0
/I