HomeMy WebLinkAbout1990-11-06; City Council; 10899; FUNDING OF THE CARLSBAD CONVENTION AND VISITOR'S BUREAU.L =
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MTG. 11/6/89 FUNDING OF THE CARLSBAD CONVENTION ClTy A1
DEPT. FIN AND VISITOR'S BUREAU CITY MI
RECOMMENDED ACTION:
Adopt Resolution No. ?#-3Wauthorizing the Mayor to execute an agreement
with the Carlsbad Chamber of Commerce.
ITEM EXPLANATION:
During the fifteen month time period of July 1, 1989 through September 30,
1990, the City had an agreement with the Carlsbad Chamber of Commerce. The
Chamber would provide visitor promotion through the Carlsbad Convention and
Visitor's Bureau (CCW). The agreement included the provision of the following
key services:
A. The establishment and development of a strong identification
program for the City and CCVB.
Position Carlsbad as a prime destination in Southern California
through an integrated media and promotional campaign.
Generate awareness of Carlsbad in those geographic regions of the
United States which provide the largest number of visitors to
Southern California each year.
Increase the awareness of Carlsbad among the members of the
travel industry.
Increase the awareness and interest in Carlsbad among visitors to
the San Diego and Los hgeles areas.
Establish a strong public relations campaign designed to heighten
the visibility of Carlsbad.
Operate the Visitor Information Center in the AT&SF Depot.
Develop private funding for advertising co-op programs, central
reservation fees and other participatory fees.
B.
C.
D.
E.
F.
G.
€3.
The City allocated $200,000 in funds during 1989-90 in order to accomplish the
above tasks.
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Page Two cf Agenda Bill No. /d: f?y
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-The agreement before the Council provides funding of $225,000 for CCVB
activities, and will cover the period of September 1,1990 through September 30,
1991. The agreement is nearly identical to the one entered into for the prior
period. The major changes within the agreement address the new levels of
funding. The agreement also outlines in greater detail the conditions upon which.
program funds will be released to the CCVB. The table below provides a
comparison of the financial support contained in the previous agreement and that
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within the new agreement.
Unrestricted Program Funds 55,300
Matching Program Funds
The CCVB has executed this agreement. It is recommended that the City
Council redew the revised agreement and authorize the Mayor to sign by
adopting the attached resolution.
. FISCALIMPAa
Funds totalling $225,000 were appropriated at the time the 1990-91 budget was
adopted on June 19, 1990.
EXHIBITS:
1. Resolution No. authorizing the Mayor to execute an agreement 7.2- 97y
between the City of Carlsbad and the Carlsbad Chamber of Commerce.
Agreement, Exhibit A, between the City of Carlsbad and the C,arlsbad
Chamber of Commerce to promote tourism and provide services to visitors
2.
to the City of Carlsbad.
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RESOLUTION NO. 90-399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WJTH THE CARLSBAD CHAMBER
OF COMMERCE TO PROVIDE PROFESSIONAL SERVICES
RELATED TO THE PROMOTION OF THE CXTY OF CARLSBAD
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
Chamber of Commerce and its subdivision, the Carlsbad Convention and Visitors
Bureau, possess the necessary skills to provide these services to the City of
Carlsbad; and
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WHEREAS, the Carlsbad Chamber of Commerce 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.
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2. That the Mayor is hereby authorized to execute the attached
agreement, Exhibit A, between the City of Carlsbad and the Carlsbad Chamber
of Commerce to provide professional services related to the promotion of the City
of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ciq
day of Novemb Council of the City of Carlsbad, California, held on the 6th
, 1990, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Lar
NOES: None
ABSENT: None
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ATTEST:
(SEAL)
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AGREEMENT Bm ?uE QTV OF CARLSBAD
AND THE CARLSBAD CHAMBER OF COMMERCE
TO PROVIDE PROFESSIONAL SERvlcEs
RELATED TO THE PROMOTION OF THE CXl'Y OF CARLSBAD
THIS AGREEMENT, made and entered into as of the Y&&day of &&&1990, anc
effective from October 1, 1990 to September 30, 1991, by and between the CITY 0,
CARLSBAD, a municipal corporation, hereinafter referred to as "City," and the CARLSBAI
CHAMBER OF COMMERCE, hereinafter referred to as "Chamber".
REmALs
City requires the services necessary for the promotion of the City of Carlsbad; and
The Chamber possess the necessary skills and qualifications to provide the service:
required by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenant
contained herein, the City and Chamber agree as follows:
1. EMPLOYMENT OF SERVICES
The City agrees to engage and the Chamber agrees to perform the services describec
below:
A. Establish, identify, research and develop a strong Identification Program foi
the City of Carlsbad and the Carlsbad Convention and Visitors Bureau;
Position Carlsbad as a prime destination in Southern California through ar
integrated media and promotional campaign;
Generate awareness of Carlsbad in those geographic regions of the United
States which provide the largest number of visitors to Southern California
each year;
B.
C.
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D. Increase the awareness of Carlsbad among the members of the travc industry including travel agents, corporate travel agents and tour planner
Increase the awareness and interest in Carlsbad among visitors to the Sa Diego and Los Angeles areas; and
Establish a strong public relations campaign designed to provide heighten1
visibility by providing information on Carlsbad in local, regional ar
national publications and media.
Operate the Visitor Information Center in the AT&SF Depot seven days pc
week except New Year's Day, Easter, Thanksgiving and Christmas Day 1
assist visitors to Carlsbad.
Create a division of the Chamber to perform the above functions to 1
known as the Carlsbad Convention and Visitor's Bureau (CCVB).
Provide separate accounting for all transactions related to the operation (
the CCVB.
Develop private funding for advertising co-op programs, central reservation
fees and other participatory fees to support a full-time, aggressive tourisr
marketing program.
E.
F.
G.
H.
1.
J.
2. COMPENSATION
For the services described above the City will compensate the Chamber m an amxu
not to exceed $225,000 to be paid as described below:
A. The total budget for the Chamber shall be $280,000 as shown in Exhibit t
The City will compensate the Chamber up to $225,000 as described beloB
Administrative and Operation Costs $95,000 Programs 130,000
Total City Contribution $225.000
Payments for administrative and operation costs shall be made to th
Chamber in equal monthly installments by the 15th of each month for th
12 months beginning October 1990 and ending September 1991. Th
monthly payment will be $7,916.67
Payments for programs will be released to the Chamber up to a maximun
categories as follows:
Unrestricted program funds $ 75,000
B.
C. of $130,900. The disbursement of these funds are broken down into twc
Matching Program funds 55.000
Total Program Funds $130.000
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Unrestricted program funds will be released to the Chamber as needed t
the maximum of $75,000. Funds will be released following the City'
receipt of a statement designating which programs funds will be applied tc
Within the unrestricted category, $9,500 is to be spent by the Chamber fc local Cornunity Promotion. The Chamber will provide the City a list (
community events and activities to which these funds will be applied durin
the first quarter of this contract. The remaining $65,500 can be utilized fc
programs as selected by the Chamber.
Restricted program funds, not to exceed $SS,OOO, will be released to th Chamber on a dollar for dollar basis as matching funds, in the form of cas1 are received by the Chamber. Payment of the program expenses will b
released at anytime, upon receipt of a list from the Chamber indicatin
where matching funds came from.
3. TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the Chamber shall fail to fdflll in timely and proper manner ii
obligation under this Agreement, the City shall thereupon have the right to terminat
this Agreement by giving written notice to the Chamber of such termination anc
specifying the effective data thereof, at least thirty (30) days before the effective datl
of such termination.
4. INFORMATION AND REPORTS
The Chamber shall provide the City Council with quarterly reports of the activity of th
Chamber and CCVB funded under this Agreement. These reports shall be mad
available for the three month periods ended December, March, June and Septembe.
each year.
5. BUDGET REOUESTS
The Chamber shall submit a budget request in the form required by the City Financc
Director by April 30 each year.
6. BUDGET ADOPTION AND CONTROL
The budget for the Chamber for the year ending 9/30/91 shall be as shown in Exhibi
A attached hereto. 'The Chamber shall spend funds in accordance with this plan an(
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shall report as required in Section 4 of this Agreement using the categories of expem
shown in said budget. Transfers may be made from accounts to account in
cumulative amount of up to $2,500 without ‘prior approval from the City Counc
Transfers in excess of this amount shall be submitted to the Council for approval.
7. RECORDS AND INSPECTION
The Chamber shall maintain Ml and accurate records with respect to all matte]
covered under this Agreement. The City shall have free access at all proper times 1
such records, and the right to examine and audit the same and to make transcrip
therefrom, and to inspect all program data, documents, proceedings, and activities.
8. ACCOMPLISHMENT OF PROJECT
The Chamber shall commence, carry on, and complete the project with all practicabl
dispatch, in a sound, economical, and efficient manner in accordance with th
provisions thereof and all applicable laws.
9. MATTERS TO BE DISREGARDED
The titles of the several sections, subsections, and paragraphs set forth in this contra1
are inserted for convenience of reference only and shall be disregarded in construir
or interpreting any of the provisions of this contract.
10. COMPLETENESS OF CONTRACT
This Agreement and any additional or supplementary document or document
incorporated herein by specific reference contain all the terms and conditions agree
upon by the parties hereto, and no other agreements, oral or otherwise, regarding th
subject matter of this contract or any part thereof shall have any validity or bind an
of the parties hereto.
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11. CITY NOT OBLIGATED TO THIRD PARTIES I
The City shall not be obligated or liable hereunder to any party other than th
Chamber.
12. WHEN RIGHTS AND REMEDIES NOT WAlVED .
In no event shall the making by the City of any payment to the Chamber constitute c
be construed as a waiver by the City of any breach of covenant, or any default whicl
may then exist, on the part of the Chamber, and the making of any such payment b
the City while any such breach or default shall exist in no way impair or prejudice an
right or remedy available to the City in respect to such breach or default.
13. PERSONNEL
The Chamber represents that it has, or will secure at its own expense, all personne
required in performing the services under this Agreement. All of the services requirec
hereunder will be performed by the Chamber or under its supervision, and alI personne
engaged in the work shall be qualified to perform such services.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be sufficient j
sent by the parties in the United States mail, postage paid, to the address noted below
City of Carlsbad
Attention: Finance Director Visitors Bureau
1200 Carlsbad Viage Drive
Carlsbad, CA 92008
Carlsbad Chamber of Commerce
Attention: Steve Link
5411 Avenida Encinas, Suite 100
Carlsbad, CA 92008
15. NONDISCRIMINATION CLAUSE
The Chamber shall comply with applicable State and Federal laws regardiq
nondiscrimination.
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16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and other work products as herei
required are the property of the City, whether the work for which they are made f
expected or not. In the event this contract is terminated, all documents, plan
specifications, drawings, reports and studies shall he delivered forthwith to the Cit
The Chamber shall have the right to make one copy of the plans for its records.
17. TERMINATION OF CONTRACT
In the event of the Chambeis failure to prosecute, deliver or perform the work i
provided for in this agreement, the City may terminate this Agreement fc
nonperformance by notifying the Chamber by certified mail of the termination of tk
Agreement. The Chamber, thereupon, has thirty (30) working days to deliver a
documents owned by the City and all work in progress as described in Section 16 to th
City Finance Director. The City Finance Director shall make a determination of fac
based upon the documents delivered to City of the work which the Chamber hz
performed that is usable and of worth to the City in having the Agreement complete(
Based upon that funding as reported to the City Council, the Council shall determir
the final payment of the Agreement.
18. DISPUTES
If a dispute should arise regarding the performance of work under this Agreement, th
following procedure shall be used to resolve any questions of fact or interpretation nc
otherwise settled by agreement between parties. Such questions, if they becom
identified as a part of a dispute among persons operating under the provisions of th
Agreement, shall be reduced to writing by the principal of the Chamber or the Cit
Finance Director. A copy of such documented dispute shall be forwarded to bot
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* parties involved along with recommended methods of resolution which would be o
benefit to both parties. The City Finance Director or principal receiving the letter shal
reply to the letter along with a recommended method of resolution within ten (10'
calendar days. If the resolution thus obtained is unsatisfactory to the aggrieved party
a letter outlining the dispute shall be forwarded to the City Council for their resolutioi
through the office of the City Manager. The City Council may then opt to consider tht
directed solution to the problem. In such cases, the action of the City Council shall bc
binding upon the parties involved, although nothing in this procedure shall prohibit thc
parties seeking remedies available to them at law.
19. SUSPENSION OR TERMINATION OF SERVICES
This Agreement may be terminated by either party upon tendering thirty (30) days
written notice to the other party. In the event of such suspensions or termination,
upon request of the City, the Chamber shall assemble the work product and put same
in order to proper filing and closing and deliver said product to City. In the event of
termination, the Chamber shall be paid for work performed to the termination date;
however, the total shall not exceed the guaranteed total maximum. The City shall
make the final determination as to the portions of tasks completed and the
compensation to be made. Compensation is to be made in compliance with the Code
of Federal Regulations.
20. STATUS OF THE CHAMBER
The Chamber shall perform the services provided for herein in Chambeis own way as
an independent contractor and in pursuit of Chamber's independent calling, and not as
an employee of the City. The Chamber shall be under control of the City only as to the
result to be accomplished and the personnel assigned to the project, but shall consult
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with the City as provided for in the request for proposal.
The Chamber is an independent contractor of the City. The payment made to tl
Chamber pursuant to this Agreement shall be the full and complete compensation
which the Chamber is entitled pursuant this Agreement. The City shall not make ai
federal or state tax withholdings on behalf of the Chamber. The City shall not 1
required to pay any workers’ compensation insurance on behalf of the Chamber. TI
Chamber agrees to indemnify the City for any tax, retirement contribution, soci
security, overtime payment, workers’ compensation payment which the City may 1
required to make on behalf of Chamber payment which the City may be required 1
make on behalf of Chamber or any employee of Chamber for work done under th
Agreement.
The Chamber shall be aware of the requirements of the Immigration Reform ar
Control Act of 1985 (8 USC Sec. 1101 - lS25) and shall comply with tho
requirements, including, but not limited to, verifying the eligibiliv for employment (
all agents, employees, sub-contractors and Chambers that are included in th
Agreement.
21. ASSIGNMENT OF AGREEMENT
The Chamber or CCVB shall not assign this Agreement or any part of it or any mone
due under it without the prior written consent of the City.
22. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City t
negotiate, make, accept or approve or take part in negotiating, making, accepting c
approving of any contract or subcontract in connection with the execution of thi
Agreement shall become directly or indirectly interested personally in this Agreemen
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Agreement shall become directly or indirectly interested personally in this Agreemei
or any part thereof. No officer or employee of the City who is authorized in such
capacity on behalf of the City to exercise any executive, supervisory or other sind
functions in connection with the performance of this Agreement shall become direct
or indirectly interested personally in this Agreement or any part thereof.
23. ENTIRE AGREEMENT
This Agreement is the entire Agreement between the parties and supersedes all pric
oral or written memoranda, understands or agreement or conversation with any office
agent or employee of the City either before, during or after the execution of th
Agreement shall affect or modify any of the terms or obligations contained in th
Agreement, nor shall such additional payment whatsoever under the terms of th,
Agreement* No amendments or alterations to this Agreement shall be effective des
evidenced by writing and executed by all parties to this Agreement.
IN WITNESS WHEREOF, the City and the Chamber have executed this Agreement as of th
date first written above.
City of Carlsbad
By: Claude A. Lewis, Mayor
ATTEST:
Carlsbad Chamber of Commerce
T%le
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< 1990-91 BUDGET
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WRAD c0"TlON AND VISFORS BUREAU
.( ADMINISTRATIVE EXPENSES:
$ 92,000 Salaries and all expenses to operate the Bureau and the Visit( Information Center at the Depot
2,000 City Audit
1.000 Depot Property Taxes
$ 95,000 Total
PROGRAMS:
$ 83,400 Multi Media Advertising
11,100 Trade Shows
10,000 Tourism Video
4,000 FamTnps
10,000 Print Brochures
2,000 Advertising Specialty Items
9,500 Promotion for Local CommUnity Events
$130,00Q Total
$225.004 Grand Total
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ARLSBAD
CHAMBER OF COL IMERCE
CARLSBAD CHAMBER OF COWRCE CARLSBAD CONYENTION AND VISITORS BUREAU
BUDGET FOR PERIOD 10/1/90 to 9/30/91
Total City cc Budpet Pavment -
Multl Medta Advertlslna' $86,000 $83,400 Si
Advertisements will be placed in magazines and newspapers that reach our target market. These include: Yotorland, Westways, Golden State, L.A. Magazlne, California Travel Guide, San Dlegan, Sunset, L.A. Times, Phoenix Gazett, Arizona Republlc and Orange County Register. Other multl media opportunities will be evaluated. These include radlo, televlslon, billboards and listings on com- puter networks
?* c
Trade Shows and Blitzes 12,000 11,100
Oct. 15-19, '90 Ca. State Sales Missions/ Trade
Nov. 14 Travel Harketplace - Oakland Nov. 15 Travel Marketplace - San Franclsco Feb. 2-3, '91 Orange County Register Show - Costa Mesa Feb. 9-10 Metro Phoenix World Travel Show - Phoenix Mar. 1-2 ASTA Show - Tucson Mar. 9-10 L.A. Travel Show - Los Angeles
Mar. 25 Travel Marketplace - Scottsdale/PhoenIx
Apr. 24-26 Int'l. Travel Industry Expo - Las Vegas, NV. s May 16
Additional trade shows and blitzes wil1 be scheduled as a cooperative venture with Oceanside and Escondfdo.
Shows In Calgary, Edmonton, Vancouver
Mar. 23-24 LaA* Times Orange County Show - Anaheim
San Dlego Mlxer Plus Trade Show - San Diego
Tour ism Video 10,000 10,000 -0
Fam TriDq 5,000 4,000 1,O
Print B r ochures 12,000 10,000 230
Advertlslne SPecialtv It- 2 , 000 2,000 -(I
Promotion for C-i tv Events 10,000 9, so0 5
7 1.ooo -0- tp
Total Programs 137,000 130,000 790
Adminlstrat lve and Operat ions Expenses*: 143,000 95,088 48,O --
TOTAL $280,000 $225,000 S55,O
*15% Commlssions on all paid advertising uill be allocated to cover Administrative Costs. **Adeinlstrative and Opertatlons Expenses shall Include $3,000 tor annual audlt expenses i property taxes on the ATBF Depot property. The Chamber will promptly pay all invofces relal to these expenses when due.
54 11 Avenida Encinas, Suite 100 P.O. Box 1605 Carlsbad, California 92008
(619) 931-8400 Fax (619) 931-9153
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11/ 13/90
Two original agreements sent to Debbie Neville in Finance per Karen.
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