HomeMy WebLinkAbout1994-09-27; City Council; 12878; COMMUNITY PROMOTION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CHAMBER OF COMMERCE$3 p *2 23 f2c !&I 11 og
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AB# 12,- TITLE: DEPT
DEPT. FIN CHAMBER OF COMMERCE CITY
RECOMMENDED ACTION:
COMMUNITY PROMOTION AGREEMENT BETWEEN CITY MTG. 9/27/94 THE CITY OF CARLSBAD AND THE CARLSBAD
Adopt Resolution No. qq -27%
the City and Carlsbad Chamber of Commerce.
ITEM EXPLANATION:
The City's 1994-95 Operating Budget, adopted by the City Council on June 15, 19s
contains an allocation of $205,000 for community promotion. Staff has worked with t
Carlsbad Chamber of Commerce to update the Agreement for the provision of commun
promotion services for the 1994-95 fiscal year. As the budget for 1994-95 is at the sar
level as the previous year, no changes have been made.
The Agreement covers the period from October 1, 1994 through September 30, 1995 E
is similar to those entered into over the past four years. The table below compares '
financial details that have been contained in the Agreements over the past three years
well as those for the forthcoming 1994-95 year. As can be seen, the $1 18,000 alloca
for Administrative and Operation Costs will remain at the same level in 1994-95 as in
three previous years.
authorizing the Mayor to execute Agreement betwe
CITY CONTRIBUTIONS TO THE CCVB
1991 -92 THROUGH 1994-95
1 991 -92 1 992-93 1 993-94 1 994-9!
Admin/Operation Costs (Annual) $1 18,000 $1 18,000 $1 18,000 $1 18,0(
Proqrams:
Unrestricted Program Funds 82,000 72,000 62,000 62,0(
Matching Program Funds 25,000 25,000 25,000 25,o
Total Programs 107,000 97,000 87,000 87,O
Total City Contributions $225,000 $21 5,000 $205,000 $205,0
Local Community Promotion* $5,000 $7,000 $7,000 $7,0
* From the amount allotted for Unrestricted Program Funds ($62,000), the
Agreement indicates that this amount be spent on Local Community Promotion,
The CCVB has executed this agreement. It is recommended that the City Council re\
the revised agreement and authorize the Mayor to sign by adopting the attac
resolution.
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c CI PAGE lW0 0 AGENDA BILL NO. l2 i 8 3 9
FISCAL IMPACT
Funds totaling $205,000 were appropriated at the time the 1994-95 budget was adopi
on June 21, 1994.
EXH I BITS
1. Resolution No. 9 4 -a? L authorizing the Mayor to execute an Agreem
between the City of Carlsbad and the Carlsbad Chamber of Commerce.
Exhibit A - Agreement between the City of Carlsbad and the Carlsbad Cham
of Commerce to promote tourism and provide services to visitors to the Cit)
Carlsbad.
Attachment A - Table showing how City of Carlsbad funds will be allocated wii
the CCVB budget.
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RESOLUTION NO. 94-272
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 Clty Council of the City of Carlsbad has determined that it is
the best interest of the City to promote tourism and provide services to visitors to tt
Clty; and
WHEREAS, the City Council has further determined that the Carlsbad Chamt
of Commerce and its subdivision, the Carlsbad Convention and Visitors BureE
possess the necessary skills to provide these services to the City of Carlsbad; anc
WHEREAS, the Carlsbad Chamber of Commerce has agreed to provide the
services under the terms and conditions of the agreement attached hereto.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City
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 agreemeni
Exhibit A, between the Crty of Carlsbad and the Carlsbad Chamber of Commerce ti
provide professional services related to the promotion of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc
of the City of Carlsbad, California, held on the 27th day of SEPTEMBER
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finn:
NOES: None
ABSENT: None
ATTEST:
AL% KRANZ, city Clerk
(SEAL)
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AGREEMENT BETWEEN THE CITY OF CARLSBAD
AND THE CARLSBAD CHAMBER OF COMMERCE
TO PROVIDE PROFESSIONAL SERVICES
RELATED TO THE PROMOTION OF THE CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the 27th day of OCTOBEI
1994, and effective from October 1 , 1994 to September 30, 1995, by and betvr
the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "C
and the CARLSBAD CHAMBER OF COMMERCE, hereinafter referred to as "Cham1
RECITALS
City requires the services necessary for the promotion of the City of Carlsbad
The Chamber possess the necessary skills and qualifications to providr
services required by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual cover
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 ser
described below:
A. Establish, identify, research and develop a strong Identification Prc
for the City of Carlsbad and the Carlsbad Convention and Visitors BL
Position Carlsbad as a prime destination in Southern California th
an integrated media and promotional campaign;
Generate awareness of Carlsbad in those geographic regions I
United States which provide the largest number of visitors to "Sol
California each year;
Increase the awareness of Carlsbad among the members of the
industry including travel agents, corporate travel agents ant
planners;
Increase the awareness and interest in Carlsbad among visitors
San Diego and Los Angeles areas;
B.
C.
D.
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F. Establish a strong public relations campaign designed to prov
heightened visibility by providing information on Carlsbad in loc
regional and national publications and media;
Operate the Visitor Information Center in the AT&SF Depot seven d
per week except New Year’s Day, Easter, Thanksgiving and Christr
Day to assist visitors to Carlsbad;
Create a division of the Chamber to perform the above functions tc
known as the Carlsbad Convention and Visitor‘s Bureau (CCVB);
Provide separate accounting for all transactions related to the opera
of the CCVB; and
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H.
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J. Develop private funding for advertising co-op programs, cet
reservations fees and other participatory fees to support a full-ti
aggressive tourism marketing program.
2. C 0 M PEN SAT ION
For the services described above the City will compensate the Chamber i
amount not to exceed $205,000 to be paid as described below:
A. The total budget for the Convention and Visitor’s Bureau shal
$240,000 as shown in Attachment A. The City will compensate
Chamber up to $205,000 as described below:
Administrative and Operation Costs $1 18,000
Programs 87,000
Total City Contribution $205,000
B. F’ayments for administrative and operation costs shall be made ti
Chamber in equal monthly installments by the 15th of each month f(
12 months beginning October 1994 and ending September 1995.
monthly payment will be $9,833.33.
Payments for programs will be released to the Chamber up to a max
of $87,000. The disbursement of these funds are broken down int
categories as follows:
C.
Unrestricted program funds $ 62,000
Matching Program funds 25,000
Total Program Funds $ 87,000
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*
Unrestricted program funds will be released to the Chamber as neede
the maximum of $62,000, Funds will be released following the Ci
receipt of a statement designating which programs funds will be apF
to. Within the unrestricted category, $7,000 is to be spent by
Convention and Visitor's Bureau for local Community Promotion.
Chamber will provide the City a list of community events and activ
to which these funds will be applied during the first quarter of
contract. The remaining $55,000 can be utilized for program
selected by the Chamber.
Restricted program funds, not to exceed $25,000, will be released tc
Chamber on a dollar for dollar basis as matching funds, in the for
cash, are received by the Chamber. Payment of the.program expe
will be released at any time, upon receipt of a list from the Chai
indicating where matching funds came from.
3. INFORMATION AND REPORTS
The Chamber shall provide the City Council with quarterly reports o
activity of the Chamber and CCVB funded under this Agreement. These re
shall be made available for the three month periods ending in December, M
June and September each year.
4. BUDGET REQUESTS
The Chamber shall submit a budget request in the form required by th
Financial Management Director by April 30 each year.
5. BUDGET ADOPTION AND CONTROL
The budget for the Chamber for the year ending 9/30/95 shall be as s
in Attachment A attached hereto. The Chamber shall spend funds in accoi
with this plan and shall report as required in Section 4 of this Agreemenl
the categories of expense shown in said budget. Transfers may be mad
account to account in a cumulative amount of up to $2,500 withou
approval from the City Council. Transfers in excess of this amount s
submitted to the Council for approval.
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6. RECORDS AND INSPECTION
The Chamber shall maintain full and accurate records with respect to
matters covered under this Agreement. The City shall have free access ai
times to such records, and the right to examine and audit the same and to m
transcripts there from, and to inspect all program data, documents, proceedii
and activities.
7. ACCOMPLISHMENT OF PROJECT
The Chamber shall commence, carry on, and complete the project wit
practicable dispatch, in a sound, economical, and efficient manner in accord:
with the provisions thereof and all applicable laws.
8. MATTERS TO BE DISREGARDED
The titles of the several sections, subsections, and paragraphs set forth ir
contract are inserted for convenience of reference only and shall be disregi
in construing or interpreting any of the provisions of this contract.
9. COMPLETENESS OF CONTRACT
This Agreement and any additional or supplementary document or docur
incorporated herein by specific reference contain all the terms and cond
agreed upon by the parties hereto, and no other agreements, oral or other
regarding the subject matter of this contract or any part thereof shall hav
validity or bind any of the parties hereto.
10. CITY NOT OBLIGATED TO THIRD PARTIES
The City shall not be obligated or liable hereunder to any party other th
Chamber.
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1 I. WHEN RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to the Chan
constitute or be construed as a waiver by the City of any breach of covenan
any default which may then exist, on the part of the Chamber, and the makir
any such payment by the City while any such breach or default shall exist i
way impair or prejudice any right or remedy available to the City in respec
such breach or default.
12. PERSONNEL
The Chamber represents that it has, or will secure at its own expens
personnel required in performing the services under this Agreement. All o
services required hereunder will be performed by the Chamber or undc
supervision, and all.personne1 engaged in the work shall be qualified to per
such services.
13. NOTICES
Any notices, bills, invoices, or reports required by this Agreement sh
sufficient if sent by the parties in the United States mail, postage paid, t
address noted below;
City of Carlsbad Carlsbad Chamber of Commer
Attn: Finance Director Convention and Visitors Bure:
1200 Carlsbad Village Drive Attn: Steve Link
Carlsbad, CA 92008 PO Box 1246
Carlsbad, CA 92008-1 246
14. NONDISCRIMINATION CLAUSE
The Chamber shall comply with applicable State and Federal laws reg
nondiscrimination.
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15. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and other work producl
herein required are the property of the City, whether the work for which they
made be expected or not. In the event this contract is terminated, all docum
plans, specifications, drawings, reports and studies shall be delivered fortt-
to the City. Chamber shall have the right to make one copy of the plans fl
records.
16. FAILURE TO PERFORM WORK
In the event of the Chamber's failure to prosecute, deliver or perform the
as provided for in this agreement, the City may suspend or terminat
Agreement for nonperformance by notifying the Chamber by certified mail
suspension or termination of the Agreement. In the event of such suspem
termination, the Chamber, thereupon, has thirty (30) working days to deli
documents owned by the City and all work in progress as described in Sect
to the City Financial Management Director. The City Financial Manas
Director shall make a determination of fact based upon the documents de
to City of the work which the Chamber has performed that is usable and o
to the City in having the Agreement Completed. Based upon the determin:
to the portions of tasks completed, the appropriate amount of funding <
reported to the City Council, the Council shall determine the portion of p
of the final payment of the Agreement. In no case shall the final payment
the guaranteed total maximum.
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17. TERMINATION OR REDUCTION OF CONTRACT FOR FINANCIAL REASONS
The City reserves the right to terminate or reduce the funding levels out1
in the agreement in the event of City revenue reductions. Recommei
reductions will be reported to the City Council who shall determine the moc
funding level.
18. DISPUTES
If a dispute should arise regarding the performance of work undei
Agreement, the following procedure shall be used to resolve any questions o
or interpretation not otherwise settled by agreement between parties.
questions, if they become identified as a part of a dispute among pe
operating under the provisions of this Agreement, shall be reduced to writi
the principal of the Chamber or the City Financial Management Director. A
of such documented dispute shall be forwarded to both parties involved
with recommended methods of resolution which would be of benefit to
parties. The City Financial Management Director or principal receiving the
shall reply to the letter along with a recommended method of resolution wit1
(I 0) calendar days.
aggrieved party, a letter outlining the dispute shall be forwarded to th
Council for their resolution through the office of the City Manager. Tk
Council may then opt to consider the directed solution to the problem. I
cases, the action of the City Council shall be binding upon the parties in\
although nothing in this procedure shall prohibit the parties seeking rei
available to them at law.
If the resolution thus obtained is unsatisfactory
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19. STATUS OF THE CHAMBER
The Chamber shall perform the services provided for herein in Chamber's
way as an independent contractor and in pursuit of Chamber's indepen
calling, and not as an employee of the City. Chamber shall be under contr
the City only as to the result to be accomplished and the personnel assign
the project, but shall consult with the City as provided for in the reque:
proposal.
The Chamber is an independent contractor of the City. The payment I
to the Chamber pursuant to this Agreement shall be the full and corn
compensation to which the Chamber is entitled pursuant this Agreement.
City shall not make any federal or state tax withholdings on behalf c
Chamber. The City shall not be required to pay any workers' cornpen:
insurance on behalf of the Chamber. The Chamber agrees to indemnify th
for any tax, retirement contribution, social security, overtime payment, wo
compensation payment which the City may be required to make on beh
Chamber payment which the City may be required to make on behalf of Ch,
or any employee of Chamber for work done under this Agreement.
The Chamber shall be aware of the requirements of the Immigration R
and Control Act of 1985 (8 USC Sec, 11 01 - 1525) and shall comply with
requirements, including, but not limited to, verifying the eligibility for emplo
of all agents, employees, sub-contractors and Chambers that are included
Agreement.
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20. ASSIGNMENT OF AGREEMENT
The Chamber or CCVB shall not assign this Agreement or any part of it or
money due under it without the prior written consent of the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the
to negotiate, make, accept or approve or take part in negotiating, mak
accepting or approving of any contract or subcontract in connection with
execution of this Agreement shall become directly or indirectly intere
personally in this Agreement or any part thereof. No officer or employee oi
City who is authorized in such a capacity on behalf of the City to exercise
executive, supervisory or other similar functions in connection with
performance of this Agreement shall become directly or indirectly intere
personally in this Agreement or any part thereof.
22. ENTIRE AGREEMENT
This Agreement is the entire Agreement between the parties and superst
' all prior oral or written memoranda, understands or agreement or convers:
with any officer, agent or employee of the City either before, during or aftei
execution of this Agreement shall affect or modify any of the terms or obligat
contained in this Agreement, nor shall such additional payment whatsoever u
the terms of this Agreement. No amendments or alterations to this Agreer
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shall be effective unless evidenced by writing and executed by all parties to
Agreement.
IN WITNESS WHEREOF, the City and the Chamber have executed this Agreerr
as of the date first written above.
CARLSBAD CHAMBER OF COMMEI
ATTEST:
dA+--. k. b-n
ALETHA L. RAUTENKRANZ, City Cler
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ATTACHMEN1 e e
CARLSBAD CONVENTION AND VISITORS BUREAU BUDGET
10/01/94 TO 09/30/95
Total City
Budqet Pavment - C
Multi Media Advertisins* $56,000 $53,000 $
Advertisements will be placed in magazines and newspapers that
reach our target market. These include: Motorland, Westways,
L.A. Magazine, California Travel Guide, San Diegan, L.A. Times,
Phoenix Gazette, Arizona Republic and Orange County Register.
radio, television, billboards, and listings on computer networks.
Other multi media opportunities will be evaluated, These include
Trade Shows and Blitzes 11,000 10,000
10/94 San Diego Mixer Plus Trade Show - San Diego, CA
02/95 Orange County Register’s Travel Show - Costa Mesa, CA
03/95 American Society of Travel Agents - Tucson, AZ
03/95 L.A. Times Travel Show - Los Angeles, CA
03/95 American Airlines Vacation Supermarket - Dallas, TX
04/95 Phoenix World Travel Show
04/95 National Travel Exchange Trade Show - Silicon Valley, CA
05/95 ASTA’s 95 Western Region Trade Show - Beaver Creek, CO
06/95 Group Leader Show - Seattle/Portland, WA
08/95 Frontier Group Leader Trav. Fair - Concord/Sacramento, CA
09/95 State Sales Mission - British Columbia, CAN
09/95 California Travel Market (Int. Buyers) - Sacramento, CA
Additional trade shows and blitzes will be scheduled as a
cooperative venture with Oceanside and Escondido.
Tourism Video 1,000 500
Fam Trips 7,000 5,500
Print Brochures 12,500 1 1,000
Advertisinq Specialtv Items 500 -0-
Promotion for Community Events 9,000 7,000
Total Programs 97,000 87,000
Administrative and Operations Expenses * 143,000 1 18,000
TOTAL $240,000 $205,000 $
* * Administrative and Operations Expenses shall include $3,000 for annual audit expenses and prop
on the AT&SF Depot property. The Chamber will promptly pay all invoices related to these expen
due.
15% Commission on all paid advertising will be allocated to cover Administrative Costs.
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