HomeMy WebLinkAbout1992-09-15; City Council; 11893; COMMUNITY PROMOTION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CHAMBER OF COMMERCE/
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CITY AI COMMUNITY PROMOTION AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND THE CARLSBAD
AB # //,a93
9/15/92
FIN
MTG.
CHAMBER OF COMMERCE C\N DJI( DEP7"
RECOMMENDED ACTION:
qa.aBq Adopt Resolution No. - authorizing the Mayor to execute Agreement between the City
and Carlsbad Chamber of Commerce.
ITEM EXPLANATION:
The Citfs 1992-93 Operating Budget, adopted by the City Council on June 16, 1992,
contains an allocation of $215,000 for community promotion. Staff has worked with the
Carlsbad Chamber of Commerce to update the Agreement for the provision of community
promotion services for the 1992-93 fiscal year. Appropriate modifications have been made
to the Agreement which reflects 1992-93 compensation fikes and adds a section defining
possible funding reductions which may occur as a result of reduced City revenues.
The Agreement covers the period from October 1, 1992 through September 30,1993 and
is similar to those entered into over the past two years. The table below compares the
financial details that have been contained in the Agreements over the past two years as well
as those for the forthcoming 1992-93 year. As can be seen, the $118,000 allocated for Administrative and Operation Costs will remain at the same level in 1992-93 as in 1991-92.
Pragram expenses total $97,000 for 1992-93, down $10,000 or 9% from the 1991-92
budget. Council also discussed the amount which should be designated as matching funds
at the June 16th meeting. It is staff's understanding that Council's intent was to allocate
the same amount as in the 1991-92 Agreement, which is $25,000. Review of the minutes
however indicates a figure of $35,000 was approved. CCVB has requested a $25,000
matching requirement and it is this amount which is reflected in the attached agreement.
The Council may opt to alter the matching fund amount which will in turn impact the figure
used in the Unrestricted Program Funds category. Total program funding in either case will
be $97,000.
Unrestricted Program Funds
Matching Program Funds
*Local Community Promotion comes from the amount alloted for Unrestricted Program Funds.
0 PAGE TWO OF A @I DA BILL NO. I{ 873
The Agreement contains one new section, Section 17, reserving the right of the City to
terminate or reduce the funding levels in the event of City revenue reductions.
Recommended reductions Wili be reported to the City Council who shall determine the
modified funding level.
The CCVB has executed this agreement. It is recommended that the City Council review the
revised agreement and authorize the Mayor to sign by adopting the attached resolution.
FISCAL IMPACT
Funds totaling $215,000 were appropriated at the time the 1992-93 budget was adopted on
June 16,1992. No additional funds are required.
EXHIBITS
1. -28 7 Resolution No. q2 authorizing the Mayor to execute an Agreement between the
City of Carlsbad and the Carlsbad Chamber of Commerce.
Exhibit A - Agreement between the City of Carlsbad and the Carlsbad Chamber of
Commerce to promote tourism and provide services to visitors to the City of
Carlsbad.
Attachment A - Table showing how City of Carlsbad funds will be allocated within
the CCVB budget.
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RESOLUTION NO. 92 - 2 8 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE CARLSBAD CHAMBER
OF COMMERCE TO PROVIDE PROFESSIONAL SERVICES
RELATED TO THE PROMOTION OF THE CITY 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
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 City
Council of the City of Carlsbad, California, held on the 15th day of SEPTmE
, 1992, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Stanton, Nygaard
ATTEST: - lllLtLLRb ALETHA L. RAUTENKRANZ, City Cledk
(SEAL)
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ExHEBrr A AG BETWEEN THE ClTY OF WBAD
AND THE CAREBAD CHAMBEROF COMMERCE
TO PROVIDE PROFESSIONAL SERYICES
-TED TO THE PROMOTION OF THE ClTY OF CARLSBAD
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THIS AGREEMENT, made and entered into as of the 16 th day of SEPTEMBE81992,
and effective from October 1,1992 to September 30,1993, by and between the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as "City," and the CARLSBAD
CHAMBER OF COMMERCE, hereinafter referred to as "Chambe?'.
REmm
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 services
required by the City. A
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the City and Chamber agree as follows:
1. EMPLOYMENT OF SERVICES
The City agrees to engage and the Chamber agrees to perfom the services described
below:
k Establish, identify, research and develop a strong Identification Program for the City of Carlsbad and the Carlsbad Convention and Visitors Bureau;
B. 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 Unitec
States which provide the largest number of visitors to "Southern Californk
each year;
increase the awareness of Carlsbad amongthe members of the trave
industry including travel agents, corporate travel agents and tour planners
Increase the awareness and interest in Carlsbad among visitors to the Sa
Diego and Los Angels areas;
C.
D.
E.
0 W F. Establish a strong public relations campagn designed to provide heightened visibility by providing information on Carlsbad in local, regional and national publications and media;
Operate the Visitor Information Center in the AT&SF Depot seven days per week except New Year's Day, Easter, Thanksgiving and Christmas Day to
assist visitors to Carlsbad;
Create a division of the Chamber to perform the above functions to be
known as the Carlsbad Convention and Visitor's Bureau (CCVB);
Provide separate accounting for all transactions related to the operation of
the CCVB; and
G.
H.
I.
J. Develop private funding for advertising co-op programs, central
reservations fees and other participatory fees to support a full-time,
aggressive tourism marketing program.
2, COMPENSATION
For the services described above the City will compensate the Chamber in an amount
not to exceed $215,000 to be paid as described below:
A. The total budget for the Chamber shall be $250,000 as shown in
Attachment A. TKe City wiU compensate the Chamber up to $215,000 as
described below:
Administrative and Operation Costs $1 18,000
Programs 97.000
Total City Contribution $215.000
Payments for administrative and operation costs shall be made to .the
12 months beginning October 1992 and ending September 1993. The
monthly payment will be $9,833.33.
Payments for programs will be released to the Chamber up to a maximum
of $97,000. The disbursement of these funds are broken down into two
B. Chamber in equal monthly installments by the 15th of each month for the
C.
categories as follows:
Unrestricted program funds $72,000
Matching Program funds 25,ooo
Total Program Funds $97.000
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q e Unresttic ed program funds will be released to the Chamber as needed to
the maximum of $72,000. Funds will be released following the City's receipt of a statement designating which programs funds will be applied
to. Within the unrestricted category, $7,000 is to be spent by the
- Chamber for locd Community Promotion. The Chamber will provide the
City a list of community events and activities to which these funds will be
applied during the first quarter of this contract. The remaining $65,000
can be utilized for programs as selected by the Chamber,
Restricted program funds, not to exceed $25,000, will be released to the
Chamber on a dollar for dollar basis as matching funds, in the form of
cash, are received by the Chamber. Payment of the program expenses will
be released at any time, upon receipt of a list from the Chamber indicating
where matching funds came from.
3. INFORMATION AND REPORTS
The Chamber shall provide the City Council with quarterly reports of the activity of
the Chamber and CCVB funded under this Agreement. Thesereports shall be made
available for the three month periods ended December, March, June and September
each year.
- - 4. BUDGET REOUESTS
The Chamber shall submit a budget request in the form required by the City Financial
Management Director by April 30 each year.
5. BUDGET ADOPTION AND CONTROL
The budget for the Chamber for the year ending 9/30/93 shall be as shown in Exhibit
A attached hereto. The Chamber shall spend funds in accordance with thh plan and
shall report as required in Section 4 of this Agreement using the categories of expense
shown-in said budget. Transfers may be made from account to account in a
cumulative amount of up to $2,500 without prior approval from the city Cound.
Transfers in excess of this amount shall be submitted to the Council for approval.
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w 6. RECORDSANDINS 9 CTION
The Chamber 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, d-the right to examine and audit the same and to make transcripts
therefrom, and to inspect all program data, documents, proceedings, and activities.
7. ACCOMPLISHMENT OF PROJECT
The Chamber shall commence, carry on, and complete the project With all practicable
dispatch, in a sound, economical, and efficient manner in accordance with the
provisions thereof and all applicable laws.
8. MATTERS TO BE DISREGARDED
The titles of the several sections, subsections, and paragraphs set forth in this contract
are inserted for convenience of reference only and shall be disregarded in construing
or interpreting any of the prpvisions - of this contract.
9. COMPLETENESS OF CONTRACT
This Agreement and any additional or supplementary document or documents
incorporated herein by specific reference contain all the terms and conditions agreed
upon by the parties hereto, and no other agreements, oral or otherwise, regarding the
subject matter of this contract or any part thereof shall have any validity or bind any
of the parties hereto.
10. CITY NOT OBLI GATED TO THIRD PARTIES
The City shall not be obligated or liable hereunder to any party other than the
Chamber.
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d e 11. WHEN RIGHTS AN REMEDtES NOT WAIVED
In no event shall the making by the City of any payment to the Chamber constitute
or be construed as a waiver by the City of any breach of covenant, or any default
which may-then exist, on the part of the Chamber, and the making of any such
payment by the City wMe any such breach or default shall exist in no way impair or
prejudice any right or remedy available to the City in respect to such breach or
default.
12. PERSONNEL
The Chamber represents that it has, or will secure at its own expense, all personnel
required in performing the services under this Agreement. All of the services required
hereunder will be performed by the Chamber or under its supemision, and all
personnel engaged in the work shall be qualified to perform such services.
- 13. NOTICES -
Any notices, bills, invoices, or reports required by this Agreement shall be sufficient
if sent by the parties in the United States mail, postage paid, to the address noted
below:
City of Carlsbad
Attn: Finance Director Visitors Bureau
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Carlsbad Chamber of Commerce
Attn: Steve Link
5411 Avenida Fhcinas, Suite 100
Carlsbad, CA 92008
14. NONDISCRIMIN ATION CLAUSE
The Chamber shall comply with applicable State and Federal laws regarding
nondiscrimination. ,
15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and other work products as keir
required are the property of the City, whether the work for which they are made be
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e F expected or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports and studies shall be delivered forthwith to the City.
Chamber shall have the right to make one copy of the plans for its records.
16. FAILURE To PERFORM WORK
In the event of the ChamWs failure to prosecute, deliver or perform the work as
provided for ha this agreement, the City may suspend or terminate this Agreement for
nonperformance by notifying the Chamber by certified mail of the suspension or
termination of the Agreement. In the event of such suspension or termination, the
Chamber, thereupon, has thirty (30) working days to deliver all documents owned by
the City and all work in progress as described in Section 15 to the City Financial
Management Director. The City Financial Management Director shall make a
determination of fact based upon the documents delivered to City of the work which
the Chamber has performed c that is usable and of worth to the City in having the
Agreement completed. Based upon the determination as to the portions of tasks
completed, the appropriate amount of funding shall be reported to the City Couni,
the Council shall determine the portion of payment of the final payment of the
Agreement. In no case! shall the final payment exceed the guaranteed total maximum.
17. TERMINATION OR REDUCTION OF CONTRACT FOR FINANCIAL REASONS
The City reserves the right to terminate or reduce the funding levels outlined in the
agreemen? in the event of City revenue reductions. Recommended reductions will be
reported to the City Council who shall determine the modified funding level.
18. DISPUTES
If a dispute should arise regarding the performance of work under this Agreement, thc
following procedure shall be used to resolve any questioG of fact or interpretation no
otherwise settled by agreement between parties. Such quatiom, if they become
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c' F identified as a part of a dispute among persons operating under the provisions of this
Agreement, shall be reduced to writing by the principal of the Chamber or the city
Financial Management Director. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Financial Management Director
or principal receiving the letter shall 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 resolution through the office of the City
Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shall prohibit the parties seeking
remedies available to them at - law.
19. STATUS OF THE CHAMBER
The Chamber shall perform the services provided for herein in chamber's own way as
an independent contractor and in pursuit of Chamber's independent calling, and not
as an employee of the City. 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
with the city as provided for in the request for proposal.
The Chadier is an independent contractor of the City. The payment made to the
Chamber pursuant to this Agreement shall be the full and complete compensation ta
which the Chamber is entitled pursuant this Agreement. The City shall not make an)
federal or state tax wltkkol&gs on behalf of the Chamber- The City shall not be
required to pay any worked compensation insurance on behalf of the Chamber. The
Chamber agrees to inde the City for any tax, retirement contributioq social
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e P security, overtime payment, workers’ compensation payment which the City my be
required to make on behalf of Chamber payment which the City may be required to
make on behalf of Chamber or any employee of Chamber for work done under this
Agreement.
The Chamber shall be aware of the requirements of the Immigration Reform and
Control Act of 1985 (8 USC Sec. 1101 - 1525) and shall comply with those
requirements, including, but not Limited to, verifying the eligibility for employment of
all agents, employees, sub-contractors and Chambers that are included in this
Agreement.
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20. ASSIGNMENT OF AGREEMENT
The Chamber or CCVB shall not assign this Agreement or any part of it or any money
due under it without the prior written consent of the City.
21. PROHIBITED INTEREST =
No offid of the City who fs 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 any contract or subcontract in connection with the execution of this
Agreement shall become directly or indirectly interested personally in this Agreement
or any part thereof. No officer or employee of the City who is authorized in such a
capacity on behalf of the City to exercise any executive, supervisory or other similar
functions ia connection with the perfomance of this Agreement shall become directly
or in- interested personally in this Agreement or any part thereof.
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22. ENTIRE AGREEMENT
This Agreement is the entire Agreement between the parties and supersedes all prior
oral or written memoranda, understands or agreement or conversation with any
officer, agent or employee of the city either before, during or after the execution of
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W F this Agreement shall affect or modify any of the terms or obligations contained in this
Agreement, nor shall such additional payment whatsoever under the terms of this
Agreement. NO amendments or alterations to this Agreement shall be effective unless
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 the
date first written above.
ATIEST:
Carkbad Chamber of Commerce
By: vy, u
Title
9
AnACI-ME m I!! CARLSBAD CONVENTION AND VISITORS BUREAU
BUDGET FOR PERIOD 10/01/92 TO 09/30/93 2
TOTAL CITY
BUDGET PAYMENT a
$66,000 $63,000 $3 * .. Multi Media Advertlsutn
Advertisements will be placed in magazines and newspapers
that reach our target market. These include: Motorland,
Guide, San Diegan, L.A. Times, Phoenix Gazette, Arizona
Republic and Orange County Register. Other multi media
opportunities will be evaluated. These include radio,
television, billboards, and listings on computer networks.
Westways, Golden State, LAh ,Magazine, California Travel
Trade Shows and Blitzes 12,000 1 1,000 1
1/93
1/93
2/93
2/93
3/93
3/93 Las Vegas Super Show
4/93
5/93
5/93
9/93
9/93
Additional trade shows and blitzes will be scheduled as a
cooperative venture with Oceanside and Escondido.
Seattle Sales Blitz & Travel Show
Metro Phoenix world Travel Show - Phoenix
Orange County Travel Show - Costa Mesa
L.A. Travel Show - Los Angeles
So. Arizona World Travel Show - Tucson
Phoenix Travel Agents Sales Blitz & Reception
Las Vegas Travel Agent Sales Blitz & Reception
Travelage West Show - Anaheim
San Diego Mixer Plus Trade Show - San Diego
State Sales Mission - British Columbia
3/93 State Sales Mission Texas
Tourism Video 1,500 500 1
Fam Trips 5,500 4,500 1
Print Brochures 12,500 11,000 1
Advertisinn SDeciah Items 500 -0-
Promotion for Commtrm 'tv Events 9.ooo 7.000 - 2
Total Programs 107,000 97,000 10
Administrative and Operations Expenses** 143.ooo 118.00Q 2
TOTAL $250,000 $215,000 $35
* ** 15% Commission on all paid advertising will be allocated to cover Administrative Costs.
Administrative and Operations Expenses shall include $3,000 for annual audit expense
property taxes on the AT&SF Depot property. The Chamber will promptly pay all invoices n
to these expenses when due.
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September 22, 1992
Carlsbad Chamber of Commerce
P. 0. Box 1605
Carlsbad, CA 92008 I
RE: Agreement with Carlsbad Chamber of COmLerCe to Provide
Professional Services Related to the Promotion of the City
of Carlsbad
The Carlsbad City' Council, at its meeting of September 15, 1992,
adopted Resolutiod No. 92-287, approving an Agreement with Carlsbad Chamber of Commerceto provide professional services related to the promotion of the City of Carlsbad.
Enclosed is a copy of the agreement and a copy of Resolution No.
92-287 for your files.
b
Sf& KAREN R. KUND CMC Assistant City Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808