HomeMy WebLinkAbout2005-08-02; City Council; 18228; Extend Agreement with Convention & Visitor's BureauCITY OF CARLSBAD A
AB# 18,228
MTG. a12105
DEPT. ADMIN
SERVICES
AGENDA BILL
TITLE:
EXTENSION OF AGREEMENTS WH CARLSBAD
CONVENTION AND VISITOR'S BUREAU AND SAN DIEGO
NORTH CONVENTION AND VISITOR'S BUREAU
RECOMMENDED ACTION:
Adopt Resolutions No. 2005-238 and 2005-239 extending the agreements with the
Carlsbad Convention and Visitor's Bureau and San Diego North Convention and Visitor's
Bureau.
ITEM EXPLANATION:
For many years, the City of Cartsbad has contributed to the funding of tourism promotion by
supporting both the Carlsbad Convention and Visitor's Bureau (CCVB) and the San Diego
North Convention and Visitor's Bureau (San Diego North) through contributions from the
City's general fund.
Several months ago the CCVB, with the support of the Carlsbad Chamber of Commerce,
approached the City Council with a proposal to form a Business Improvement District (BID)
to fund tourism related activities. In June, the City Council directed staff to work with CCVB
and the Chamber to prepare the appropriate documents to create a BID. It is expected that
the BID documents will be ready for Council consideration in late or early September.
Current contracts with both CCVB and San Diego North expire on June 30, 2005. If the
Council wishes to continue funding for these organizations while the BID is under
consideration, extensions to the agreements should be approved at this time.
Staff has provided retroactive extensions to both agreements that would continue funding
through August 31, 2005. The CCVB extension would provide funding of $68,000, and the
San Diego North extension would provide funding of $16,667, to be paid in a single lump-
sum payment to the respective organization. These amounts would fund basic services as
defined in the existing agreements through the end of August.
Staff is recommending that the City Council approve these extensions and authorize the
appropriation of funds from the General Fund Balance to fund these payments.
The City Council may wish to consider that, if a BID is formed in late September or early
October, it is likely that collections of assessments from hotels would not begin until the
month of November. Since the proposal is to collect assessments on the Transient
Occupancy Tax (TOT) forms, November revenues would not be due to the City (or be
available to the BID) until the end of December 2005.
Due to this delay in receipt of revenues, it is likely that staff will return to the Council during
August to request an additional extension, and the appropriation of additional funds, in
order to keep the tourism promotion activities going through the end of the year. The I
PAGE 2 OF AGENDA BILL NO. 18,228
expected cost of continuing the operations of CCVB and San Diego North for the period of
July through December 2005 is $204,000 and $50,000, respectively.
FISCAL IMPACT:
The City Council included funding for CCVB and San Diego North for the period July 1,
2005 through August 31, 2005 in the 2005-06 operating budget.
EXHIBITS:
1. Resolution No. 2005238 Extending the agreement for Promotion of Tourism and
2. Resolution No. 2005-239 Extending the agreement for Promotion of Tourism and
Visitor Services with Carlsbad Convention and Visitor's Bureau.
Visitor Services with San Diego North Convention and Visitor's Bureau.
DEPARTMENT CONTACT: Jim Elliott, (760) 602-2409, email: jel I i@.ci. carlsbad. ca. us
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RESOLUTION NO. 2005238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AUTHORIZING THE EXTENSION OF THE AGREEMENT
WITH THE CARLSBAD CONVENTION AND VISITOR’S BUREAU FOR
VISITOR AND PROMOTIONAL SERVICES
WHEREAS, the City of Carlsbad entered into an agreement with the Carlsbad
Convention and Visitor’s Bureau, dated June 23, 2004, for the provision of visitor and
promotional services; and
WHEREAS, said agreement expired on June 30,2005; and
WHEREAS, the City Council is working with the tourist industry on the
development of a Business Improvement District that will provide increased funding for
tourism, visitor and promotional activities; and
WHEREAS, a full determination of the funding program for tourism programs
within the City of Carlsbad cannot be presented to the City Council until the details of
the proposed Business Improvement District have been properly approved by the City
Council and the businesses within the Business Improvement District boundaries; and
WHEREAS, the City Council wishes to assure that tourism promotion activities
described in the existing contract with the Carlsbad Convention and Visitor’s Bureau
continue to be delivered during this interim period between July 1 , 2005 and the
formation of the Business Improvement District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows: 3
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1.
2.
That the above recitations are true and correct.
That the attached Amendment No. 1 to Extend the Agreement for Promotion
of Tourism and Visitor Services, Carlsbad Convention and Visitor’s Bureau, is
approved by the City Council, and the Mayor is authorized to execute said
Amendment.
That the attached Amendment shall be retroactive to June 30, 2005. 3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
held on the 2nd day of AUGUST I 2005 by the following roll call
vote, to wit:
Ill
Ill
AYES: Council Members, Lewis, Hall, Kulchin, Packard
NOES: None
ABSENT: Council Member Sigafoo
v- LVVW -
CLAUDE A. LEWIS, Mayor
ATTEST:
\ LORRAINE M. WOOD, City Clerk
AMENDMENT NO.l TO EXTEND THE AGREEMENT
FOR
Promotion of Tourism and Visitor Services
Carlsbad Convention and Visitor’s Bureau
This Amendment No. 1 is entered into and effective as of the 1’‘ day of July 2005,
extending the agreement dated June 23, 2004 (the “Agreement”) by and between the City of
Carlsbad, a municipal corporation, (“City”), and The Carlsbad Convention and Visitor’s Bureau,
(“Contractor”) (collectively, the “Parties”).
RECITALS
A. The Parties desire to extend the Agreement for a period of sixty-two (62) days; and
B. The City continues to require the visitor and promotional services provided by
Carlsbad Convention and Visitor’s Bureau.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement is hereby extended for a period of sixty-two (62) days beginning
July I, 2005 and ending on August 31,2005.
2. Compensation terms in the original agreement for all programs and services shall
revised to read “ Payment for services will be made in one lump sum payment of sixty-eight
thousand dollars ($68,000).”
3. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for this
Amendment.
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City Attorney Approved Version #05.22.01
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4. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
(sign n here) /
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups.
*Group A.
Chairman,
President, or
Vice-president
"Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer@) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney n
By: -
Dep&+City Attorney rf 1/0 s':
2
City Attorney Approved Version #05.22.01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -
} SS.
d. &Y+J~82Es’ 9
Officer (e g , “Jane Doe, Notary Public”)
personally appeared Hfib 1
Place Notary Seal Above
0 personally known to me
$ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)Ware subscribed
to the within instrument and acknowledged to me that
keCsRelthey executed the same in -kif/ker/their
authorized capacity(ies), and that by kisffterltheir
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS mv hand and official seal.
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Signer(s) Other Than Named Above: Uodw-
Capacity(ies) Claime by Signer@)
Signer’s Name: fkk &- C 6? I Signer’s Name: p&’rd Ck e. F&R/d
ndividual
Corporate Officer - Title@):
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0 Attorney in Fact
0 Trustee
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0 Other:
Signer Is Representing: 9-F
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0 Partner - 0 Limited 0 General
0 Attorney in Fact
Trustee
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IK I Signer Is Representing: P,!..’ ~ ,’ * J 4,. 7:;
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0 2004 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 Chatsworth. CA 9131 3-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827
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RESOLUTION NO. 2005-239
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA AUTHORIZING THE EXTENSION OF THE AGREEMENT
WITH THE SAN DIEGO NORTH CONVENTION AND VISITOR'S BUREAU FOR
VISITOR AND PROMOTIONAL SERVICES
WHEREAS, the City of Carlsbad entered into an agreement with the San Diego
North Convention and Visitor's Bureau, dated June 23, 2004, for the provision of visitor
and promotional services; and
WHEREAS, said agreement expired on June 30,2005; and
WHEREAS, the City Council is working with the tourist industry on the
development of a Business Improvement District that will provide increased funding for
tourism, visitor and promotional activities; and
WHEREAS, a full determination of the funding program for tourism programs
within the City of Carlsbad cannot be presented to the City Council until the details of
the proposed Business Improvement District have been properly approved by the City
Council and the businesses within the Business Improvement District boundaries; and
WHEREAS, the City Council wishes to assure that tourism promotion activities
described in the existing contract with the San Diego North Convention and Visitor's
Bureau continue to be delivered during this interim period between July 1, 2005 and the
formation of the Business Improvement District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
8' California as follows:
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1.
2.
That the above recitations are true and correct.
That the attached Amendment No. 1 to Extend the Agreement for Promotion
of Tourism and Visitor Services, San Diego North Convention and Visitor's
Bureau, is approved by the City Council, and the Mayor is authorized to
execute said Amendment.
That the attached Amendment shall be retroactive to June 30, 2005. 3.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
held on the 2nd day of AUGUST 2005 by the following roll call
vote, to wit:
Ill
Ill
Ill
AYES: Council Members Lewis, Hall, Kulchin, Packard
NOES: None
ABSENT: Council Member Sigafoo
Vlyv" YV \b*V'V
CLAUDE A. LEWIS, Mayor
ATTEST:
u-
LORRAINE M. WOOD, City Clerk
(SEAL)
9
AMENDMENT NO. 1 TO EXTEND THE AGREEMENT
FOR
Promotion of Tourism and Visitor Services
San Diego North Convention and Visitor’s Bureau
This Amendment No. 1 is entered into and effective as of the 1’‘ day of July
2005, extending the agreement dated June 23, 2004 (the “Agreement”) by and between
the City of Carlsbad, a municipal corporation, (“City”), and The San Diego North
Convention and Visitor’s Bureau, (“Contractor”) (collectively, the “Parties”).
RECITALS
A. The Parties desire to extend the Agreement for a period of sixty-two (62)
days; and
B. The City continues to require the visitor and promotional services
provided by San Diego North Convention and Visitor’s Bureau.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. The Agreement is hereby extended for a period of sixty-two (62) days
beginning July 1 , 2005 and ending on August 31, 2005.
2. Compensation terms in the original agreement for all programs and
services shall be revised to read: “Payment for services will be made in one lump sum
payment of sixteen thousand, six-hundred and sixty seven dollars ($1 6,667).”
3. All other provisions of the Agreement, as may have been amended
from time to time, shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor
pursuant to the Agreement, as may have been amended from time to time, shall include
coverage for this Amendment.
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1 City Attorney Approved Version #05.22.01
5. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power, right and actual
authority to bind Contractor to the terms and conditions hereof of this Amendment.
\
\cw e Lvw,ore. corn
-(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following
two groups.
*Group A.
Chairman,
President, or
Vi ce-P resid e n t
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney n
City Attorney Approved Version #05.22.01
2 I1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss. County of GW 7 1-
I
Name and Titleff Officer (e g , "Jane Dbe, Notary Public")
On JoL!-Y WDb-, before me,
Date
Narne(s) of Signer(s)
personally appeared per/( I
0 personally known to me
mved to me on the basis of satisfactory
evidence
BERNADETTE G. TAGLE
Commission # 1373521
Notary Public - California f
San Diego County
My Comrn. Expires Sep 8,20061
to be the person('$ whose name(p3- is/=
subscribed to the within instrument and
acknowledged to me that kelshelthy executed
the same in h/her/tketr authorized
capacityw), and that by hslherlthw
signature(!# on the instrument the person(#, or
the entity upon behalf of which the person(%
acted, executed the instrument.
Place Notary Seal Above
Though the information below IS not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
TitleorTypeof Document: -ma%f@T Zrn ?*>
Document Date: NOT ym Number of Pages:
Wkw-iwq- p3p- Ippc-wi?~~ ocf -7-0 fl Ilh - - 'L
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: TW. e(iaJ'-77 E& Individual
Corporate Officer - Title(s): b Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 National Notary Association * 9350 De Soto Ave., P.0. Box 2402 - Chaiswotih, CA 91313-2402 * w.naiionalnoiary.oQ Prod No. 5907 Reorder: Call Toll-Free 1-800-878-6827
STATE OF CALIFORNIA ) ) ss.
COUNTYOF s&/ n~ 1
On I A(, 2666- , before me, Notary Public/n and for said State, personally appea
personally known to me (or proved to me on the basis of satisfactory evidence to be the person(s)
whose name@) idare subscribed to the within instrument and acknowledged to me that hdshdthey
executed the same in hishedtheir authorized capacity(ies), and that by hisherhheir signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
insfrument .
(This area for official notarial seal)