HomeMy WebLinkAbout1999-10-26; City Council; 15447; Carlsbad Convention and Visitors BureauAB# 15,443
MTG. 10/19/99
DEPT. ED
CITY OF CARLSBAD - AGENDA BILL \
TITLE:
CONSIDERATION OF CONTRACT PROVISIONS WITH
THE CARLSBAD CONVENTION AND VISITORS BUREAU CITY ATTY. GE
CITY MGR-%t$
RECOMMENDED ACTION:
Review the portion of the Carlsbad Convention and Visitor’s Bureau (CCVB) Contract request for
Advertising Consultant Services and direct staff whether or not to include in the 1999-2000 Contract.
ITEM EXPLANATION:
On October 3 1, 1999, the current contract between the City of Carlsbad and the CCVB for tourism
promotion and visitor services will expire. On October 5, 1999, the City Council approved a one
year contract with CCVB for the year 1999-2000 in the amount of $347,000 . However, the City
Council was unable reach agreement on whether or not to fund an additional $10,000 for an
Advertising Consultant. This item is being to brought back to the City Council, with additional
information provided for review by CCVB (Exhibit l), for a final determination.
Table I
Brochures $
Ad Cansu&mt $
Travel Shows/Fam $
Tours
Video/CD Rom $
Mananagement $
Overhead
Marketing Program $
Operations
Total Allocation $
(Requested*)
22,000 $ 20,000 $20,000 $20,000
20,000 $ 10,000 $10,000 $10,000
31,500 $ 30,000 $ 30,000 $ 30,000
20,500 $ 5,000 $ 5,000 $ 5,000
68,000 $ - $ - $ -
- $ 79,000 $82,000 $ 85,000
* *
370,000 $ 357,000 $363,000 $36;,000
FISCAL IMPACT:
Approval of a one year contract was approved with CCVB for $347,000 on October 5, 1999. The
program addition for Advertising Consultant services would require an additional allocation of
$IO,OOO. If the City Council approves CCVB’s request, staff recommends that the appropriation be
funded from the Contingency Account. The Contingency Account available balance as of 9-7-99 was
P6GE 2 OF AGENDA BILL NO. 15,447
h
$3.5 million.
EXHIBITS:
1. Faxed letter to Cynthia Haas, &ted October 6, 1999, from Mr. Steve Link, Executive Director of the Carlsbad
Convention and Visitor’s Bureau.
2. Agenda Bill 15433, dated October 5, 1999.
10/06/1999 14: 01 7604346056
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CARLSBAD CONVIS PAGE 01
October 6, 1999
Cynthia Haas
Economic Development
City of Carlsbad Convention and Visitors Bureau
2075 Las Palmas Carlsbad CA 92009
Dear Cynthia,
Reference your request for elaboration on our use of a consultant. As you know we have
been associated with the Flowers Group in San Diego since November 1998.
The ConVis board, after sending out RFP’s to several ad agencies selected the Flowers
Group because virtually all oftheir clients are in the tourism industry, We then decided
to contract with them! on a job basis rather than on a monthly retainer.
We have had a wondefil relationship. They have worked with the marketing committee
to develop a theme and new coordinated look for all of our ads and literature.
You might also find interesting that after several weeks of meeting with our marketing
committee and local hotels and attractions they developed the design for our ads that
pleased *veryone in the local tourism industry, Their fee for these consultations and
design of the first ad came to $2,766.48. You will notice that we invoiced the city
$691.62 on December 6,1998. That is because LEGOLAND, Carlsbad Company Stores
and Andersen’s Inn each agreed to pay ‘/r of the cost.
I don’t anticipate that there will be more than $1,000 - $2,ooO remaining in the consulting
category. They are now working on the final design of our Meeting Planner’s Guide.
We are in preliminary discussions with them on several new ventures.
1. The Flowers Group has produced tabloid newspaper sized full color 8 page inserts
for several attractions and communities in recent years. The featured attraction or
community invests 540,000 or so and another dozen or so advertisers pay $5,000 -
5 10,000 to have an ad in the insert.
Last March, tky produced one for LEGOLAND that was inserted in 1.2 million
newspapers throughout the Southwest. We purchased a 55,000 ad in it. It was
certainly no coincidence that the week it was distributed our Internet web site
jumped from 21,744 hits to 32,087.
Obviously, we don’t have $40,000 for such a grand project. But they have had conversations with American Express and Dollar Rent A Car’to be a partner in
this venture. LEGOLAND has expressed an interest as well as Wild animal Park
and Grand Pacific Palisades. The Flowers Group would develop the whole insert and even sell the ads. Carhbmd Cvnvmlim & Viilton buneu
P.0. Box 1249. Cartsbad, Mifornia 92019-1246
TEL(760)434.6~*FM (7601434.6056
wwwcrrlsbadcaargl
.
10/06/1999 14: 01 760434k056
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CARLSBAD CONVIS PAGE 02
2. Every topic in our 16-page brochure is designed to entice someone to visit
Carlsbad. It isn’t designed to be a guide to visitors who are already here. It
doesn’t contain a map of the VilIage or helpfCl1 hints of ways to make the most of a tourist’s visit here. We have discussed the possibility of publishing a Visitors
Guide to serve this purpose. The Flowers Group would develop and design this
Guide just as they did our new brochure.
3. For the past 10 years we have participated in the three-day sales mission to
Canada, first sponsored by the California Division of Tourism and now the San
Diego ConVis. The participants on the mission set up mini travel trade shows in
three cities. We also advertise periodically in Canadian magazines and newspapers. We have discussed with the Flowers Group the possibility of them
developing a marketing plan for Canada that would give us a more effective and
consistent outreach.
4. Our till color map of the Village and larger thoroughf&?s of Carlsbad was
partially offset with ads on the back. We put a small ad for the PAL Shuttle on
the front at no cost to the PAL Shuttle. We want to keep shuttle bus service to the
Village as an amenity to our tourists. We would like the flowers Group to
develop other marketing programs to assist in this effort.
5. We charge $35 annually for Carlsbad businesses to have a 50 word listing on our
lntemet web site. The Flowers Group has suggested we charge the businesses an
additional fee to include a discount coupon that can be downloaded. This would
aid in tracking the effectiveness of the web site, while bringing customers to the
merchants.
These are some of the areas we have explored with the Flowers Group. Some may
not come to fruition. But, if we don’t have a budget item to explore marketing
opportunities, none will. Look at this budget item as an insurance policy. The arena
of marketing is in constant motion. A marketing opportunity will present itself in one
month and a month or so later another will. This fund enables us to evaluate the
feasibility of opportunities that intrigue us. And, just because the funds are available,
doesn’t mean we spend it.
If I can be of any further assistance please call.
Sincerely, &-&qk--y
Executive Director
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CITY OF CARLSBAD -AGENDA BILL
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CONSIDERATION AND APPROVAL WITH THE CARLSBAD
CONVENTION AND VISITORS BUREAU FOR COMMUNITY CITY AITY. OF- . PROMOTION SERVICES
DEPT. ED CITY MGR T?--
1 RECOMMENDED ACTION:
Review the Carlsbad Convention and Visitor’s Bureau (CCVB) 1999-2002 multi-year proposal.
ADOPT Resolution No. ci 9 - ‘i S ‘I approving a one year contract for the term November 1, 1999
to October 3 1, 2000, authorize the Mayor to execute an Agreement between the City and the Carlsbad
Convention and Visitor’s Bureau, and appropriate $114,000 from the Contingency Account available
~ balance.
ITEM EXPLANATION:
On October 3 1, 1999, the contract between the City of Carlsbad and the CCVB will expire. In
response to the upcoming expiration of the existing two (2) year contract for promotional services,
CCVB has submitted a three (3) year proposal for the continuation of these services to the City of
Carlsbad (see Table 1) beginning November 1, 1999 and ending October 3 1,2002.
Although the CCVB proposal contemplates a three year contract valued at $1,089,000, each year
may be considered separately for funding by the City.
Table 1
Program
Visitors Center
Operations
Advertisina & Events
Proposed)
2000-2001 2001-2002
$126,000 $129,000
$90,000 $90,000
$20,000 $20,000
$ 10,000 $ 10,000
!§ 30,000 $30,000
The existing 1998-99 contract with CCVB totals $370,000 and includes special funding in the
amount of $20,500 for development of a CD ROM, and $20,000 for an Advertising Consultant.
Although these activities were considered one time expenses when funded, they have been included
as an on-going annual expense (at a reduced amount) in the new proposal.
PAGE 2 OF AGENDA BILL NO. Is. q 33
During the 1999-2000 Fiscal Year, staff will be preparing a Tourist Impact Assessment that will
provide a comprehensive analysis of the costs and benefits of tourism in Carlsbad and which will
identify the service and facility needs of tourists throughout the City. Since the Tourist Impact
Assessment is scheduled to be complete prior to the expiration of a one-year contract term, staff is
recommending approval and authorization to execute a one year contract with CCVB for November
1,1999 through October 31, 2000, in the amount of $357,000, in lieu of a multi-year contract. This
will allow the City Council an opportunity to review and consider any findings of the Assessment
when evaluating future contracts and funding levels with CCVB.
FISCAL IMPACT:
In anticipation of a contract for promotional services, a total of $243,000 was included in the 1999-
2000 Operating Budget. If a one year contract is approved with CCVB, an additional $114,000 will
need to be appropriated. Staff recommends that the City Council appropriate any additional funds
from the Contingency Account. The Contingency Account available balance as of 9-7-99 is
approximately $3.5 million.
EXHIBITS:
1. Resolution No. qq *‘5 ’ of the City Council of the City of Carlsbad, California, authorizing the
Mayor to execute an agreement with the Carlsbad Convention and Visitor’s Bureau, and
appropriating $114,000 from the Contingency Account available balance.
2. Agreement ( 1) between the City of Carlsbad and the Carlsbad Convention and Visitor’s
Bureau to provide professional services related to the promotion of the City of Carlsbad.
3. Letter dated August 3, 1999, from CCVB Executive Director Steve Link to Economic
Development Manager, Cynthia Haas.
4. Letter dated August 3 1, 1999, from CCVB Executive Director Steve Link to Economic
Development Manager, Cynthia Haas.
5. Faxed Letter dated September 15, 1999 from CCVB Executive Director Steve Link to
Economic Development Manager, Cynthia Haas.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSLBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE CARLSBAD
CONVENTION AND VISITORS BUREAU (CCVB) AND
APPROPRIATING $114,000 FROM THE CONTINGENCY
ACCOUNT AVAILABLE BALANCE.
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 Convention and
Visitor’s Bureau possesses the necessary skills to provide these services to the City of Carlsbad;
and
WHEREAS, the Carlsbad Convention and Visitor’s Bureau 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.
2. That the Mayor is hereby authorized to execute the attached agreement, Exhibit 2,
between the City of Carlsbad and the Carlsbad Convention and Visitor’s Bureau to provide
professional services related to the promotion of the City of Carlsbad.
3. That an appropriation of $114,000 from the Contingency Account available balance
is authorized.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the
day of 1999, by the following vote to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS
Mayor
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
(SEAL)
-2-
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
THE CARLSBAD CONVENTION AND VISITOR’S BUREAU
TO PROVIDE PROFESSIONAL SERVICES RELATED TO
THE PROMOTION OF THE CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the of day
1999, and effective from November 1, 1999, to October 31, 2000, by and between the
CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City,” and the
CARLSBAD CONVENTION AND VISITOR’S BUREAU, a non-profit corporation,
hereinafter referred to as “CCVB.”
RECITALS
The City requires the services necessary for the promotion of the City of
Carlsbad; and the CCVB possess the necessary skills and qualifications to provide the
services required by the City.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, the City and the CCVB agree as follows:
1. CCVB OBLIGATIONS
b
The City agrees to engage, and the CCVB agrees to perform the services
described below:
A. Manage and coordinate a marketing program that positions Carlsbad as a
prime destination in Southern California.
B. Generate awareness of Carlsbad in those geographic regions of the United
States which provide the largest number of visitors to Carlsbad each year.
C. Operate the Visitor information Center in the AT&SF Depot seven days
per week from 9 a.m. to 5 p.m. Monday through Friday, 10 a.m. to 4 p.m. on
Saturday, and 10 a.m. to 3 p.m. on Sunday except New Year’s Day, Easter,
Thanksgiving and Christmas Day to assist visitors to Carlsbad.
D. Provide familiarization tours (including a travel writer’s program) by
organizing visits to Carlsbad by travel writers and others that result in published
articles promoting Carlsbad and additional tourism to Carlsbad.
E. Promote local community events including the San Diego Marathon, the
Carlsbad 5000, the Carlsbad Triathlon, the La Costa Golf event and the Toshiba
tennis classic in the following ways:
l provide hotel/motel referrals
l staff information booths as requested by the city and/or the private
promoters
l distribute promotional literature related to the events from the Visitor
Information Center before and during the events.
F. Develop private funding for advertising co-op programs, central
reservations fees and other participatory fees to support a full-time, aggressive
tourism marketing program.
G. Establish a corporate / group sales incentive program
H. Provide reports as specified in Section 6 below.
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2. CITY OBLIGATIONS
The City will provide use of the Visitor Information Center at the AT&SF Depot, as
well as any city owned equipment and furnishings currently located therein.
3. FEES TO BE PAID TO CCVB
The total fee payable for the services to be performed shall not exceed $357,000.
No other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 8, “Changes in Work”.
4. DURATION OF CONTRACT
This agreement shall extend for a period of twelve (12) months beginning
November 1,1999, and ending October 31,200O.
5. PAYMENT OF FEES
For the services described above, the City will compensate the CCVB as
described below:
A. Payments for the operations of the Visitor Center shall be made to the CCVB
in equal monthly installments by the 15* of each month for the 12 months beginning
November 1999 and ending October 2000. The monthly payment amount for the period
from November 1999 to October 2000 will be $10,250.
B. Payments for all other programs will be released to the CCVB on a
reimbursement basis up to the maximum amounts shown below:
1999-2000
1. Travel Shows and Familiarization Tours $30,000
2. Advertising and Events 90,000
3. Consultant 10,000
4. Brochures 20,000
5. Video/CD-ROM 5,000
6. Marketing Program Operations 79.ooo
TOTAL OTHER PROGRAMS $234,000
Requests for reimbursement may be made no more frequently than monthly in a format
approved by the Finance Director. All equipment and software licenses purchased
under this agreement will be and shall remain the property of the City of Carlsbad.
C. The City reserves the right to terminate or reduce the funding levels outlined
in the Agreement in the event of City revenue reductions. Recommended reductions
will be reported to the City Council who shall determine the modified funding level.
6. INFORMATION AND REPORTS
The CCVB shall provide the City Council with quarterly reports of the activity and
expenses of the CCVB as funded under this Agreement. These reports shall
summarize activities and expenses for each three-month period of the contract and
include the following information:
l A written description of the activities of CCVB for the quarter.
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l A statistical report showing the results of the information gathered’from
inquiries at the Visitor Information Center.
l An accounting of the funds spent by program in the format approved by the
Finance Director.
In addition, CCVB shall include in the quarterly report statistical or other
quantitative information which demonstrates the effectiveness of CCVB’s efforts in
drawing additional visitors to Carlsbad.
7. RECORDS AND INSPECTION
The CCVB 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, and the right to examine and audit the same and to make transcripts there
from, and to inspect all program data, documents, proceedings, and activities. These
documents shall be retained for a period of one (1) year after completion of the
contract.
a. CHANGES IN WORK
1 .If, in the course of the contract, changes seem merited by the CCVB or the City,
and informal consultations with the other party indicate that a change in the conditions
of the contract is warranted, the CCVB or the City may request a change in contract.
Such changes shall be processed by the City in the following manner: A letter outlining
the required changes shall be forwarded to the City by the CCVB to inform them of the
proposed changes along with a statement of estimated changes in charges or time
schedule. A Standard Amendment to Agreement shall be prepared by the City and
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approved by the City according to the procedures described in Carlsbad Municipal
Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or
invalidate unaffected portions of the Agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The CCVB warrants that their firm has not employed or retained any company or
person, other than a-bona fide employee working for the CCVB, to solicit or secure this
Agreement, and that the CCVB has not paid or agreed to pay any company or person,
otherthan 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, the City shall 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 such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The CCVB shall comply with applicable State and Federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
This agreement may be terminated by either par&y upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the CCVB shall assemble the work product and put same in
order for proper filing and closing and deliver said product to City. In the event of
termination, the CCVB shall be paid for work performed to the termination date;
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however, the total shall not exceed the fee payable under Paragraph 4. The Economic
Development Manager shall make the final determination as to the portions of tasks
completed and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Economic Development Manager. A copy of such documents dispute shall
be forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Economic Development Manager or
principal receiving the letter shall reply to the letter along with a recommended method
of resolution within ten (10) 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.
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13. CLAIMS AND LAWSUITS
The CCVB agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of
litigation or in conjunction with litigation. The CCVB acknowledges that if a false claim is
submitted to the City, it may be considered fraud and the CCVB may be subject to
criminal prosecution. The CCVB acknowledges that California Government Code
sections 12650 et sea., the False Claims Act, 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 information or in reckless disregard
of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including
attorney’s fees.
The provisions of Carlsbad Municipal Code sections 3.32025, 332.026,
3.32027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(Initial)
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14. STATUS OF THE CCVB
The CCVB shall perform the services provided for herein in CCVB’s own way as
an independent contractor and in pursuit of CCVB’s independent calling, and not as an
employee of the City. CCVB shall be under control of the City only as to the result to be
accomplished, but shall consult with the City as provided for in the request for proposal.
The persons used by the CCVB to provide services under this agreement shall not be
considered employees of the City for any purposes whatsoever.
The CCVB is an independent contractor of the City. The payment made to the
CCVB pursuant to the contract shall be the full and complete compensation to which
the CCVB is entitled. The City shall not make any federal or state tax withholdings on
behalf of the CCVB or his/her employees or subcontractors. The City shall not be
required to pay any workers’ compensation insurance or unemployment contributions
on behalf of the CCVB or his/her employees or subcontractors. The CCVB agrees to
indemnify the City within 30 days for any tax, retirement contribution, social security,
overtime payment, unemployment payment or workers’ compensation payment which
the City may be required to make on behalf of the CCVB or any employee or
subcontractor of the CCVB for work done under this agreement or such indemnification
amount may be deducted by the City from any balance owing to the CCVB.
The CCVB shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this agreement.
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15. CONFORMITY TO LEGAL REQUIREMENTS
The CCVB shall cause all final reports to conform to all applicable requirements
of law: federal, state and local. CCVB shall provide all necessary supporting
documents, to be filed with any agencies whose approval is necessary.
CCVB agrees to allow City or its designated representative to monitor, audit,
review, and examine the methods, procedures, and results of CCVB.
16. OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All plans, studies, brochures, reports and equipment (including software
licenses) as herein required or authorized to be purchased under this agreement are
the property of the City, whether the work for which they are made be executed or not.
In the event this contract is terminated, all plans, studies, brochures, reports and
equipment (including software licenses) shall be delivered forthwith to the City. CCVB
shall have the right to make one (I) copy of the documents for his/her records.
17. REPRODUCTION RIGHTS
The City agrees that all copyrights which arise from creation of the work pursuant
to this contract shall be vested in the City and hereby agrees to relinquish all claims to
such copyrights in favor of the City.
18. HOLD HARMLESS AGREEMENT
CC?VB agrees to indemnify and hold harmless the City of Carlsbad and its
officers, officials, employees and volunteers from and against all claims, damages,
losses and expenses including attorney fees arising out of the performance of the work
described herein caused in whole or in part by any willfulmisconduct or negligent act or
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omission of the CCVB, any subcontractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, except where caused by
the active negligence, sole negligence, or willful misconduct of the City of Carlsbad.
CCVB shall at his own expense, upon written request by the City, defend any
such suit or action brought against the City, its officers, offtcials, employees and
volunteers. CCVB’s indemnification of City shall not be limited by any prior or
subsequent declaration by the CCVB.
19. ASSIGNMENT OF CONTRACT
The CCVB shall not assign this contract or any part thereof or any monies due
thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the CCVB shall subcontract any of the work to be performed under this
contract by the CCVB, CCVB shall be fully responsible to the City for the acts and
omissions of CCVB’s subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as CCVB is for the acts and omissions of persons
directly employed by CCVB. Nothing contained in this contract shall create any
contractual relationship between any subcontractor of CCVB and the City. The CCVB
shall bind every subcontractor and every subcontractor of a subcontractor by the terms
of this contract applicable to CCVB’s work unless specifically noted to the contrary in
the subcontract in question approved in writing by the City.
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21. PROHIBITED INTEREST
No official of the City who is 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 this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the CCVB to any additional
payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the CCVB will not be required to file a conflict of
interest statement as a requirement of this agreement. However, CCVB hereby
acknowledges that CCVB has the legal responsibility for complying with the Political
Reform Act and nothing in this agreement releases CCVB from this responsibility.
26. INSURANCE
The CCVB shall obtain and maintain for the duration of the contract 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 work hereunder by the
CCVB, his agents, representatives, employeesbr subcontractors. Said insurance shall
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-V” and shall meet the City’s policy for insurance as stated in
Resolution No. 91403.
A. Coveraae and Limits.
CCVB shall maintain the types of coverage and minimum limits indicated
herein, unless a lower amount is approved by the City Attorney or City Manager:
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1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this contract or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for CCVB’s
work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and
property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation- limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to the
CCVB’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be
maintained for a period of five years following the date of completion of the work.
B. Additional Provisions.
CCVB shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies excluding
Workers’ Compensation and Professional Liability.
2. The CCVB shall furnish certificates of insurance to the City before
commencement of work.
14
3. The CCVB shall obtain occurrence coverage, excluding Professional
Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and any
extension thereof and shall not be canceled without 30 days prior written notice to the
City sent by certified mail.
5. If the CCVB fails to maintain any of the insurance coverage required
herein, then the City will have the option to declare the CCVB in breach, or may
purchase replacement insurance or pay the premiums that are due on existing policies
in order that the required coverage may be maintained. The CCVB is responsible for
any payments made by the City to obtain or maintain such insurance and the City may
collect the same from the CCVB or deduct the amount paid from any sums due the
CCVB under this agreement.
15
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the CCVB in connection with the
foregoing are as follows:
For City: Title:
Name:
Address:
For CCVB : Title:
Name:
Address:
Citv of Carlsbad
Economic Develooment Manaaer
2075 Las Palmas Drive
Carlsbad CA 92009
Carlsbad Convention and Visitors Bureau
Steve Link
P.O. Box 1246
Carlsbad, CA 92018-l 246
28. BUSINESS LICENSE
CCVB shall insure they are in compliance with all City of Carlsbad Business
License requirements for the duration of the contract.
16
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, embody the entire agreement and understanding between the
parties relating to the subject matter hereof. Neither this agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
’ Executed by CCVB this
CARLSBAD CONVENTION AND CARLSBAD CONVENTION AND
VISITOR’S BUREAU VISITOR’S BUREAU
By:dd
Chairperson of the Board Chairperson of the Board
ATTEST:
Secretary
APPROVED AS TO FORM:
KAREN R. KUNDTZ, Assistant City Clerk
RONALD R. BALL City Attorney
17
November 9, 1999 Date
ALL-PURPOSE ACKNOWLEDGMENT
I-
l -e-e-~-o-*-o-e~e~o~e-o~e~e~o-o -e -e
1 ss.
On Q?-lF)-
~DAl-E)
personally appeared
LARRY SCHEER - ,
0 personally known to me - OR-
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b.proved to me on the basis of satisfactory
vidence to be the person(s) whose name(s)
Ware subscribed to the within-instrument and
acknowledged to me that-they executed
the same in W--/their authorized
capacity(ies), and that by W/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
:
\
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this atiowl-
edgment to an unauthorized document.
CAPACI’IYCLAIMED BY SIGNER (PRINCIPAL)
Cl INDIVIDUAL
TITLE 6R TYPE OF DOCUMENT
PARTNER(S)
AITORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMB& OF PAGES
w
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTll-Y(IES)
OTHER
l -o-o~mI)@~e-o-o-C-*~*-~-@-*-e-a-a-~ 3
APA 1194 VALLEY-SIERRA, W-362-3369
August 3, 1999
Cynthia Haas
Economic Development
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
Dear Cynthia:
It is time to discuss the renewal of the agreement between the City of Carlsbad and the
Carlsbad Convention and Visitors Bureau for promotional services.
We are completing the second year of a two-year agreement. It was the first time the
City offered us a multi-year agreement and the results are noteworthy.
The multi-year agreement provided us with a stable working environment without
distractions that enabled the board of directors and staff to focus on promoting Carlsbad
as a tourist destination.
The Carlsbad ConVis is blessed with a board of directors who, not only bring a wealth of
knowledge and experience to the table but, also are dedicated to Carlsbad and our
hospitality industry. The list of directors is attached.
During this past two-year period, the ConVis made some conscious moves to enhance our
marketing to groups.
F We began advertising in a series of magazines aimed at the meeting market -
Association Meetings
Corporate Meetings & Incentives
Jnsurance Conference Planner
Medical Meetings
Meetings in lhe West Religions Conference Manager
Technology Meetings
p A sub-committee of the marketing committee began meeting in the summer of
1998 to design a facilities guide. This guide will combine a variety of lists on
meeting facilities and hotel accommodations and services we have in our data
base, and publish them in an attractive booklet format. The guide will be
published this fall.
> A part-time sales coordinator was added to the staff this summer.
Carlsbad Convention & Visitors Bureau
P.O.Box1246* Carlsbad,California 92018-1246
TEL (760)434.6093* FAX (7601434.6056
www.carlsbadca.org/
Page 2
% We have embarked on a major project to produce a CD-ROM on Carlsbad. It will
contain scenes of a wide range of attractions and points of interest. We will
distribute 3,000 of the CD-ROMS to selected travel agents, tour operators,
meeting planners and travel writers throughout the world.
p We have attended POW-WOW, America’smost prestigious travel show for the
past three years and California Travel Market for the past two years. These shows
are aimed specifically at the overseas tour operators. R Beginning last year, we have sponsored several sales blitzes to the offices of
receptive tour operators in Los Angeles to inform their staffs of what Carlsbad has
to offer.
As our group marketing programs gain momentum, we will require the sales coordinator
position be converted from part-time to full-time.
Our award-winning Internet web site is currently receiving 34,000 - 35,000 hits a week.
It is updated weekly.
The advertising, travel writer, travel trade show programs are all on track and serve the
needs of Carlsbad’s hospitality industry very well.
Our cadre of volunteers has grown to 38. They are each scheduled to serve an average of
three hours per week in the Visitor Center, greeting tourists and answering phones.
Without them, our small staff would be completely overwhelmed.
Several volunteers have additional specific duties, such as maintaining the inventory of
brochures and other literature and coordinating the flow of brochures with the hotels and
attractions. Another maintains the press kits.
The multi year contract provides us a time frame for long range planning and to develop
marketing programs to their fullest. The stable working environment enables us to focus
all of our attention and energy into our marketing programs.
Since the two-year agreement served the hospitality industry so well, we are asking that
the City increase our next agreement to a three-year agrkement.
We are also preparing to meet with you to discuss our future programs. We request to be
put on the council agenda in September.
< Executive Director
Enclosure
August 3 1, 1999
Cynthia Haas
Economic Development City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
Dear Cynthia,
This is an addendum to my letter of August 3.
We agree that a table of costs be a part of a three year agreement with the city. My
August 3 letter was simply the rationale for considering a multi year agreement.
When including a table of costs, there are several things to take into consideration. As
the hospitality industry grows, so does the scope of our activities and the cost of our daily
operations. ie.
Postage
Telephone
Total
FY 97-98 FY 98-99
$9,147.16 $10,519.59
$4.592.06 $ 5.208.55
$13,739.22 $15,728.14
We are generating a tremendous amount of public awareness of Carlsbad throughout the
Southwest and the rest of the world. To maintain this momentum, we anticipate a
continued increase in postage, telephone and related costs.
For the first time in many years, we added one part time position to the staff (group sales
coordinator). From the beginning, we intended to carve this area of operations away
from being additional duties of several staff personnel and develop the position into a key
area of operations by a full time staff person. We currently have three full time staff
positions and three part time staff, plus our web master and a substitute receptionist on
call on an as needed basis. And, remember, we are open seven days a week. We need to
transition the part time sales coordinator position to full time as the scope of her duties
develop.
There are numerous advertising opportunities that we do not take advantage of and
numerous travel shows that we do not participate in. We are careful that every dollar
entrusted to us is spent wisely.
Carlsbad Convention & Visitors Bureau
P.O.B0~1246*Carlsbad,California 92018-1246
TEL (760)434.6093*FAX (76Oj434.6056
www.carlsbadca.org/ a4
With the above in mind, we are proposing the following table of costs:
Nov1,1999-Ocf31,2000
Visitor Center Operations
Advertising and Events
Brochures
Consultant
Travel Shows & Fam Trips
Video/CD-ROM
Marketing Program Operations
NovI,2000-Oct31,2001 Visitor Center Operations
Advertising and Events
Brochures
Consultant
Travel Shows & Fam Trips
Video/CD-ROM
Marketing Program Operations
Nov1,2001-Oct31,2002
Visitor Center Operations
Advertising and Events
Brochures
Consultant
Travel Shows & Fam Trips
Video/CD-ROM
Marketing Program Operations
$123,000
90,000
20,000
10,000
30,000
5,000 79.000
$357,000
$126,000
90,000
20,000
10,000
30,000
5,000
82.000
$363,000
$129,000
90,000
20,000
10,000
30,000
5,000
85.000
$369,000
Two years ago, we had never considered a CD-ROM as a marketing tool. Even though
we propose an anticipated table of costs, there is always the possibility that some
unforeseen marketing opportunity will become available to us. We may then present the
city with a proposal with additional costs.
Please let me know how the decision making process is proceeding. And please put us
on the city council agenda to decide all of this either September 28 or October 6. that
way there is time to resolve any issues prior to the end of our agreement on October 3 1.
Executive Director
09/16/1999 89: 21 760434-6056 -.-. - --
%w
CARLSBAD CONVIS PAGE 02
September 15, 1999
Y Cynthia Haas Economic Development City of Carlsbad Convention and Visitors Bureau
2075 Las Palmas
Carlsbad CA 92009
Dear Cynthia,
This is a very exciting time to be involved in Carlsbad’s tourism industry. With the
opening of LEOOLAND, grand Pacific Palisades, the Marriott Residence Inn and a half
dozen new restaurants, the industry is growing and evolving at a tremendous pace.
While business has been good for Carlsbad’s hotels, restaurants and merchants, the
tourism industry in most of the rest of California has experienced a lackluster year. We
cannot assume that Carlsbad’s tourism industry will continue to prosper if we scale back
our marketing programs.
While we are not advocating any new marketing initiatives for the coming year, we
caution against resting on our laurels and assuming the revenues will continue to flow.
It should be noted that there are numerous advertising opportunities that we do not take
advantage of and numerous travel shows that we do not participate in. We are careful
that every dollar entrusted to us is spent wisely.
We appreciate the city council’s faith in our abilities last year by fully funding our
request for $370,000. Because our requirements for a consultant and the CD-ROM
marketing program is reduced as time.goes by, we are requesting less funds this year; a
total of $357,000.
Tbe breakdown is:
Cwbbd Coavmntim & Viaitmrs Bwarr
P.O. Box 1246 l Culrbrd, Cdifomia 92016-1246
TEL 17801&%8(193 l FM (7601634.6056
www.cwlrbrdcr.org/
37
09/16/1999 09: 21 76043&056 , .--. I~ CAFLSBAD CONIS- PAGE 03
Visitor Ceater Operrtions - S123,OoO
We currently receive $10,000 monthly to cover utilities, office supplies, postage,
conferences, and a percentage of staff salaries, ofice equipment and more.
As the tourism industsy grows, so does the scope of our activities and the cost of our
daily operations, i.e.
FY 97-98 FY 98-99
Postage S 9J47.16 $10,519.59
Telephone 4.592.06 5,208.55
Total S13,739.22 1 $15,728.14
We are generating a tremendous amount of public awareness of Carlsbad throughout the
Southwest and the rest of the world. To maintain this momentum, we anticipate a
continued increase in postage, t&phone and related costs.
Advertirfng and Events - SO,000 This category includes advertising in a variety of media plus our sponsorship/promotion
costs for major went-s such as the San Diego Marathon, Carlsbad 5000, etc. Most of our
advertising dollars are spent in leisure magazines. These include: LA Muguzine, Plroenir Magazine, Travel & Leisure, Tucson Lzjksvle, and Via. We are reaching the meetings
and corporate market by advertising in such publications as: Association Meetings,
Corporate Meeting & Incentives, Technology Meetings and Pave1 Agent Magazine. We
advertise in several visitors’ guides including: CalifoTnia Visitors Guide, San Diegun
and San Piego Travel Planners Guide. We also advertise to a laser degree in the L,A
Times, Orange County Register, Riverside Press Enterprise and others.
Brochures - $20,000 We currently print 50,000 of our 16-page “California’s Newest Playground” brochure.
Currently 213 of the brochures are mailed in response to inquiries or distributed at travel
shows to entice people to visit Carlsbad and l/3 arc distributed locally in the Visitors
Information Center or in local hotels to inform visitors of things to see and do. We have redesigned our Dining Guide from a multi fold single colored brochure into four-page
full color booklet. We print 10,000 annually. We print 20,000 German language
brochures, every other year, to be distributed along with the State of California’s
literature throughout Germany and Austria. New this year is an extensive full color
booklet outlining all of the meeting facilities in Carlsbad as well as the amenities of each
of Carlsbad’s hotels. This will be distributed to meeting planners, tour operators, travel
agents and anyoae who is planning a gathering in Carlsbad. Also new this year, is a full
color map of the Village within another map showing the major streets of the city. Other literature includes the Events Calendar and a media kit.
Consultant - S10,OOtl
The Flowers Group, one of San Dicgo’s larger advertising agencies, has redeveloped our
theme and the focus of our advertisements and literature. We still benefit from their support, but we do not require as much of their time as initially.
09/16/1999 09: 21 760434&356 _._-- ‘ CARLSBAD COWIS-
Travel Sbawr & FAM Trips - S30,OOO This year we designed and produced a new trade show display that is smaller than our
standard display. It permits us to have an eye appealing display at those events where the
standard dispiay is too large. We are attending the same travel trade shows as in previous
years except that WC will not attend the travel show in London. The results didn’t justify
the coats.
VideoKXHZOM - SS,OO0
There is still a demand for the video we produced six years ago, even though it is very
outdated. Television stations continue to request copies to provide local scenes to stories
they are airing. Group tour operators also use the video as a sales tool. We embarked,
this year, on an ambitious CD-ROM project. This has great potential and we wish to
have the ability to fund opportunities that arise.
Marketing Program Operations - S79,000
These funds cover a percentage of our staff salaries, equipment costs etc., related to
promoting Carlsbad as a tourist destination. All costs for our highly successful Internet
web site come under this category.
For the first time in many years, we added one part time position to the staff (group sales
coordinator). From the beginning, WC intended to carve this area of operations away
from being additional duties of several staff personnel and develop the position into a key
area of operations by a fill time staff person. We currently have three full time staff
positions and three part time staff, plus our web master and a substitute receptionist on
call on an as needed basis. And, remember, we are open seven days a week. We need to
transition the part time sales coordinator position to full time as the scope of her duties
develop.
This is an overview of our programs and plans for next year. The cost is prudent and
designed to achieve the best possible results for every dollar spent.
We are fortunate to have a dynamic and knowledgeable board of directors who, as
citizens of Carlsbact, are dedicated to the growth of our tourism industry.
If you have any questions, please call me.
PAGE 04
Steve Link
Executive Director
33