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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 I 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 I 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 I CITY OF CARLSBAD -AGENDA BILL ( ,+ AB# /f c/33 &p w’ m: DEPT. HD. 3 ’ MTG. /o-5-$5 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. 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 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. //I k^ Ill Ill Ill Ill //I Ill I// 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 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. 2 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. 4 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 5 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; 6 IA 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. 7 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) 8 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. 9 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 10 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. 11 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. 12 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: 13 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- % 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