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HomeMy WebLinkAbout1992-12-01; City Council; 11979; AGREEMENT WITH IN MOTION, INC. FOR THE SAN DIEGO MARATHONOF CARLSBAD - AGE MTG. i%-l-?% AGREEMENT WITH IN MOTION, INC. Adopt Resolution No. Gja-349 approving the Agreement with In Motion, Inc. to managc and direct the 1993 San Diego Marathon in a manner which promotes a positive imagt of Carlsbad to a nationwide audience and authorizes the City Manager to execute th< ITEM EXPLANATION The San Diego Marathon will once again be conducted within the City of Carlsbad anc has, in the past attracted first class athletes from all over the world. Approximately 7,00[ people participated in the 1991 San Diego Marathon and it is expected that the 199 Marathon will attract participants in excess of that figure. The San Diego Marathon is televised nationally and promotes tourism in Carlsbad. Medi cover also includes national coverage in newspapers, magazines, television and on cab1 networks. Promotional activities result in a direct financial benefit to the economic healt of local businesses and increases municipal revenues through sales and transier occupancy taxes. Staff has prepared an agreement to clarify the obligations of In Motion, Inc. and the Cit of Carlsbad with regard to the 1993 San Diego Marathon. In addition, In Motion, Inc. mu: obtain and comply with all conditions of the City of Carlsbad Special Event permit. FISCAL IMPACT The 1993 Agreement requires In Motion, Inc.to pay for all applicable City services withi 90 days of the conclusion of the event. 1. Resolution No. 92-3Yq approving an agreement with In Motion Inc., ar authorizing the City Manager to execute the Agreement. City of Carlsbad and In Motion, Inc. Agreement 2. 5 6 F a 0 2 3 0 0 b. 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 m RESOLUTION NO. 92-349 A RESOLUTION OF THE CITY OF CARLSBAD, CA APPROVING AN AGREEMENT WITH IN MOTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Carlsbad encourages activities that promote tourism a increase visibility of the community nationally; and WHEREAS, the City of Carlsbad encourages activities that enhance the econon health and increase revenues to local businesses and thereby increasing munici revenues via sales and transient occupancy taxes; and WHEREAS, the San Diego Marathon will be conducted in the City of Carlsbad January 24,1993; and WHEREAS, the San Diego Marathon is highly regarded within the athletic commui and now garners National Media Coverage; and WHEREAS, the 1993 San Diego Marathon is expected to draw 7,000 participants fr around the world. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the Cit! 1 Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the agreement between the CiUy of Carlsbad and In Motio manage and direct the San Diego Marathon in a manner that promote a positive image of Carlsbad to a nationwide audienc attached as EXHIBIT "2 and incorporated herein by referencc hereby approved. That the City Manager of the City of Carlsbad is authorize{ execute the agreement. 3. I//// 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Coun of the City of Carlsbad on the 1st day of DECEMMR , 1992, by the follow1 AYES: Council Members Lewis, Kulchin, Larson, Stanton NOES: None ABSENT Council Member Nygaard AlTEST* 1 CU& A, <h ALETHA L. RAUTENKRANZ, city CleA (seal) I) e CITY OF CARLSBAD AND IN MOTION, INC. AGREEMENT The parties to this agreement are the City of Carlsbad, a municipal corporation, hereinaf referred to as "City" and In Motion, Inc., a California corporation hereinafter referred to as "Consultan RECITALS Purpose and Intent: City and Consultant wish to conduct a special event hereafter known as the 5 Diego Marathon (SDM) which will require the use of public right of way, City services and personnel. order to properly conduct such an event, City and Consultant wish to enter into an agreement for operation, administration and permitting for the event. Consultant will conduct the San Diego Maratt to be held within the City of Carlsbad. The event will be held on January 24, 1993. The parties theref agree as follows: A. CONSULTANT OBLIGATIONS: 1. Conduct the race in a manner that promotes and maintains a positive image of the ( of Carlsbad. Promote the race in such a manner as to increase the number of participants i spectators visiting the Village Redevelopment Area. Obtain and comply with all conditions of the City of Carlsbad Special Event Permit. Alterations to the event routes or dates will be by mutual agreement. Provide the City of Carlsbad with statistical data from information obtained from race el forms of all race participants including demographics and occupation. This informa shall be available within 30 days following the event. Pay for applicable City services within 90 days of the event. 2. 3. 4. 5. 6. 0 0 7. Meet with the City Manager and other City representatives on a regular, mutually agrc upon schedule to report on progress of the event. Include official City of Carlsbad logo in all appropriate promotional pieces and p advertising. a. B. CITY OBLIGATIONS : 1. Coordinate with Mayor, City Council, City Manager and City staff for press conferenc interviews, sponsors receptions, VIP Brunch and any other activities requiring ( representation. Coordinate with applicable City departments to create and maintain the highest stand? possible for the event. 2. C. CHANGES OF WORK If, in the course of the contract, changes are requested by Consultant or the City, or City Manager and informal consultations with the other party indicate that a change in conditions of the contract is warranted, the Consultant or the City may request a chai in the contract. Such changes shall be processed by the City in the following man1 a letter outlining the required changes shall be forwarded to the City by Consultan inform them of the proposed changes along with a statement of estimated change charges or time schedule. A supplemental agreement shall be prepared by the City q may be approved by the City Council, or the City Manager at its discretion, accordin the procedures described in Carlsbad Municipal Code Section 3.28.1 72. D. PROGRESS AND COMPLETION All race events including clean-up must be completed by 6:OO p.m. January 24, 1' All streets shall cleared by 1:OO p.m. 2 e 0 E. FINAL SUBMISSION Within thirty (30) days of completion of the race, the Consultant shall deliver to the C proof of compliance with current terms and assurance of compliance with terms listed Section A Contractor Obligations. F. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company person, other than a bona fide employee working for the Consultant, to solicit or secL this agreement, and that Consultant has not paid or agreed to pay any company person, other than a bona fide employee, any fee, commission, percentage, brokera! fee, gift, or any other consideration contingent upon, or resulting from, the award making of this agreement. For breach or violation of this warranty, the City shall have t right to annul this agreement without liability, or, in its discretion, to deduct from I agreement price or consideration, or otherwise recover, the full amount of such fi commission percentage, brokerage fees, gift, or contingent fee. G. NONDlSCRlMlNATlON CLAUSE The Consultant shall comply with all State and Federal Laws regarding nondiscriminatic H. DISPUTES If a dispute should arise regarding the performance of work under this agreement, 1 following procedure shall be used to resolve any questions of fact or interpretation I otherwise settled by agreement between parties. Such questions, if they becoi identified as part of a dispute among persons operating under the provisions of 1 contract, shall be reduced to writing by the principal of the Consultant or the ( Manager. A copy of such documented dispute shall be forwarded to both parl involved along with recommended methods of resolution which would be of benefii both parties. The City Manager or principal receiving the letter shall reply to the le along with recommended method of resolution within ten (1 0) days. If the resolution tt obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall 3 e 0 forwarded to the City for their resolution through the Office of the City Manager. 7 Commission may then opt to consider the directed solution to the problem. In si cases, the action of the City shall be binding upon the parties involved, although noth in this procedure shall prohibit the parties seeking remedies available to them at lab I. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in consultant’s own way an independent Consultant and in pursuit of Consultant’s independent calling, and as an employee of the City. Consultant shall be under control of the City only as to result to be accomplished, but shall consult with the City as provided for in agreement. The City shall not make any federal or state withholdings on behalf of consultant. The City shall not be required to pay any workers compensation insurai on behalf of the Consultant. The consultant agrees Po indemnify the City for any retirement contribution, social security, overtime payment, or workers’ compensa’ payment which the City may be required to make on behalf of the Consultant or employee of the Consultant for work done under this agreement. The Consultant s be aware of the requirements of the Immigration Reform and Control Act of 1986 shall comply with those requirements, including, but not limited to, verifying the eligit for employment of all agents, employees, subcontractors and consultants that included in the agreement. J. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to all applic; requirements of law; federal, state and local. Consultant shall provide all neces! supporting documents, to be filed with any agencies whose approval is necessary. City will provide copies of the approved plans to any other agencies. K. OWNERSHIP OF DOCUMENTS The Consultant shall make copies of any documents relating to the conduct of the available to the City. These documents and plans are the property of the Consult2 4 0 0 L. HOLD HARMLESS AGREEMENT The City, its officers and employees shall not be liable for any claims, liabilities, penalti( fines, or any damage to goods, properties, or effects of any person whatever, not 1 personal injuries or death caused by, or claimed to have been caused by, or resulti from, any intentional or negligent acts, errors or omission of Consultant or Consultan agents, employees, or representatives. Consultant agrees to defend, indemnify, and sa free and harmless the City and its officers and employees against any of the foregoii liabilities or claims of any kind and any cost and expenses that is incurred by the City 1 account of any of the foregoing liabilities, including liabilities or claims by reason alleged defects. M. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies c thereunder without the prior written consent of the City. N. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contr3 by the Consultant, Consultant shall be fully responsible to the City for the acts a omissions of Consultant’s subcontractor and of the persons either directly or indirec employed by consultant. Nothing contained in this contract shall create any contract relationship between any subcontractor of Consultant and the City. The Consultant st bind every subcontractor and every subcontractor of a subcontractor by the terms of ti contract applicable to Consultant’s work unless specifically noted to the contrary in subcontract in question approved in writing by the Commission. 0. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City of Carlsl to negotiate, make, accept, or approve, or take part in negotiating, making, accepting approving of this agreement, shall become directly or indirectly interested personalb this contract or in any part thereof, No officer or employee of the City of Carlsbad Y 5 0 0 is authorized in such capacity and on behalf of the City to exercise any executivc supervisory, or similar functions in ccmnection with the performance of this contract sha become directly or indirectly interested personally in this contract or any part thereof. P. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the Cit! either before, during or after the execution of this contract, shall affect or modify any ( the terms or obligations herein contained nor entitle the Consultant to any addition; payment whatsoever under the terms of this contract. Q. SUCCESSORS OR ASSIGNS Subject to the provisions, "Hold Harmless Agreement," all terms, conditions, an provisions hereof shall insure to and shall bind each of the parties hereto, and each ( their respective heirs, executors, administrators, successors, and assigns. R. TERM OF AGREEMENT This agreement shall be for a term of one year and may be extended, upon satisfactor performance for four additional one year periods for a total of five years. Such extensio shall be by written instrument signed by the Consultant and the City. S. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest statement with the City Clerk in accordanc with the requirements of the City of Carlsbad Conflict of Interest Code. The Consulta shall report investments or interest in real property. T. INSURANCE The Consultant shall obtain and maintain policies of general liability insurance, automobi liability insurance, and a combined policy of worker's compensation and employe liability insurance from an insurance company authorized to do business in the State California which meets the requirements of City Council resolution No. 90-96 in i insurable amount of not less than one million dollars ($1,000,000) each, unless a low amount is approved by the City Attorney or the City Manager. The Certificate 6 0 e Insurance should indicate coverage for the charity sponsorship activities as well as event: directly associated with the San Diego Marathon or other insurance for those activitie! shall be required. This insurance shall be in force during the life of this agreement an( shall not be canceled without thirty (30) days prior written notice to the City sent b! certified mail. The City shall be named as an additional insured on these policies. Thc Consultant shall furnish certificates of insurance to the City before commencement o work. Executed by Consultant this 7 @ day of o,!.,! , 19x1 CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of California flq h0t;m.l , ZIT (F 2270 &u?;im U/&----&/e -i-fr A) (Name of Company) I -- J Attest: ) [c(T( /L(f L . b\ a.;tL,J cn. 1 i Tw (& .) t\ f- City Clerk (Title) ED AS TO FORM: . City Attorney /L/Y*$? 7 WRITE IT- DON’T SAY Date 12-4-92 To File 0 Reply Wanted From lw UNO Reply Necessary SAN DIEGO MARATHON FOR 1992 FILED IN H&R (Green) FILES. AB 194 dated 12/3/91. PRlP AIGNER FORM NO. 55032 December 18, 1992 In Motion, Inc. 2270 Camino Vida Roble, #N Carlsbad, CA 92009 RE: Agreement for the 1993 San Diego Marathon The Carlsbad City Council, at its meeting of December 1, 1992, adopted Resolution No. 92-349, approving an Agreement for the 1993 San Diego Marathon. In accordance with Section S of the agreement, you are required to file a Conflict of Interest Statement with the City Clerk. Anyone in the company who is working on this city project must file a Form 730, Statement of Economic Interests, and must report investments and interests in real property, Disclosure Cateqory 1, which includes Schedules A, B, C-1, and C-2. Schedules D through H are not applicable to your disclosure category. Enclosed for your use in meeting the filing requirements is Form 730 and Instruction Manual, and a copy of the Appendix to the Local Conflict of Interest Code. Upon request additional forms will be provided. Also enclosed is a copy of the agreement with original signatures and a copy of Resolution 92-349 for your files. Your completed Assuminq Office Statement is due in the City Clerk's Office no later than 5:OO p.m., on Monday, January 22, 1993. If you have any questions, or need additional forms, please call me at (619) 434-2808. QJ?Cd.uR- ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2801