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HomeMy WebLinkAbout2005-09-13; City Council; 18272; Amend Convention and Visitor's Bureau Contractd w U a a 6 a .. z 0 F 0 a J G 2 3 0 0 AB# 18,272 MTG. 9-13-05 DEPT. Econ Dev TITLE: - AMENDMENT No. 2 TO CARLSBAD CONVENTION AND VISITOR’S BUREAU AND SAN DIEGO NORTH CONVENTION AND VISITOR’S BUREAU CONTRACTS CITY A~Y. CITY MGRq RECOMMENDED ACTION: Adopt Resolutions No. 2005-278 and 2 0 0 5 - 2 7 9 ratifying the City Manager’s actions for extending Amendment No. 1 for both the Carlsbad Convention and Visitor’s Bureau (CCVB) and San Diego North Convention and Visitor’s Bureau (San Diego North) to October 31, 2005, and authorizing the Mayor to execute Amendment No. 2 extending the agreements with the CCVB and San Diego North to December 31 , 2005. ITEM EXPLANATION: Several months ago the CCVB, with the support of the Carlsbad Chamber of Commerce, approached the City Council with a proposal to form a Carlsbad Tourism Business Improvement District (CTBID) to fund tourism related activities. In June 2005, the City Council directed staff to work with CCVB and the Chamber to prepare the appropriate documents necessary to create the CTBID, and prepare a contract extension providing continued funding for both agencies on an interim basis, for the period July I, 2005 through August 31 , 2005. It was anticipated at that time that the CTBID would be in place prior to expiration of the contract extensions. Since the time extension to the contracts were approved by the City Council, schedule conflicts and other delays have occurred resulting in postponement of adoption of the Resolution of Intention for the CTBID until September 2005. This delay will cause both CCVB and San Diego North to be without funding beginning September 1, 2005. In order for the City to continue receiving tourism related services from CCVB and San Diego North, the City Manager, under his limited contract authority, was able to enter into a short-term agreement with each agency extending their funding for an additional two (2) month period through October 31, 2005. The amount appropriated to CCVB was sixty-eight thousand dollars ($68,000) and the amount appropriated to San Diego North was sixteen thousand, six hundred, sixty-seven dollars ($ 16,667). Staff estimates that the CTBID will not begin receiving funds from the assessments until January or February 2006, which will then be available for distribution beginning the following month (February/March 2006). If Council wishes to continue to provide funding for these agencies through the end of 2005, a new amendment to the agreements will need to be approved. Staff is recommending the City Council (I) Ratify the City Manager’s action that extended the contract terms on an interim basis through October 31,2005 and appropriated funds for that period, and (2) Approve Amendment No. 2, extending the contracts for visitor services and promotion through December 31 , 2005 and appropriating funds. If the Council approves the amendments, the amount appropriated to CCVB will be sixty-eight thousand dollars ($68,000) and the amount appropriated to San Diego North will be sixteen thousand, six hundred, sixty-seven PAGE 2 dollars ($ 16,667). Payments for the period November I, 2005 to December 31,2005 will be made to each agency in a single lump sum and will be used to fund basic services as defined in the existing agreements with each agency. 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. The City Manager’s interim action of extending Amendment No. 1, required an appropriation of an additional $84,667 for the period September 1, 2005 through October 31, 2005 from the General Fund balance. Funding of Amendment No. 2 will also require a new appropriation of $84,667 from the General Fund balance to extend the contracts through December 31, 2005. The total expenditure by the City for tourism and visitor services contracts for the period July 1,2005 through December 31,2005 will be $254,001. EXHIBITS: 1. Resolution No. 2005-278 2. Resolution No. 2005279 3. CCVB Amendment No. 2 4. 5. 6. San Diego North Amendment No. 2 Letter of Agreement from City Manager to CCVB Letter of Agreement from City Manager to San Diego North Convention and Visitor’s Bureau. 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. 2005278 RESOLUTION OF THE CITY COUNCIL OF THE CITJ 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 (CCVB), dated June 23,2004, for the provision of visitor services and promotion; and WHEREAS, said agreement expired on June 30,2005; and WHEREAS, on August 2nd, the City of Carlsbad and the CCVB executed Amendment No. 1, extending the original 2004 contract to August 3 1,2005; and WHEREAS, under the City Manager’s contract authority, Amendment No. 1 was extended to October 3 1 , 2005 by written agreement; and WHEREAS, funding provided from a new Carlsbad Tourism Business Improvement (CTBID) will not be available for tourism promotion activities until the first quarter of 2006; and WHEREAS, the City Council desires to fund tourism promotion activities until December 3 1 , 2005. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. 2. That the above recitations are true and correct. That the City Manager’s action of extending Amendment No. 1 until October 3 1 , 2005 is hereby ratified and funds totaling $68,000 are appropriated from the General Fund balance to accommodate the contract extension to Amendment No. 1. That an additional $68,000 is appropriated from the General Fund balance to accommodate Amendment No. 2 extending the agreement for services until December 31,2005. 3. ... 3 ... 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 4. That the Mayor is authorized to execute Amendment No. 2 between the City of Carlsbad and the CCVB. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on the EMay of SWlTmER 5. 2005, by the following vote to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard NOES: None ABSENT: Council Member Sigaf oo CLXWE x. LEWW " Mayor ATTEST: LORRAINE M. WNOD City Clerk (SEAL) -2- 4 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. 2005-279 RESOLUTION OF THE CITY COUNCIL OF THE CITJ 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 (San Diego North CVB), dated June 23,2004, for the provision of visitor services and promotion; and WHEREAS, said agreement expired on June 30,2005; and WHEREAS, on August 2nd, the City of Carlsbad and the San Diego North CVB executed Amendment No. 1, extending the original 2004 contract to August 31,2005; and WHEREAS, under the City Manager’s contract authority, Amendment No. 1 was extended to October 3 1,2005 by written agreement; and WHEREAS, funding provided from a new Carlsbad Tourism Business Improvement (CTBID) will not be available for tourism promotion activities until the first quarter of 2006; and WHEREAS, the City Council desires to fund tourism promotion activities until December 3 1,2005. 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 City Manager’s action of extending Amendment No. 1 until October 3 1, 2005 is hereby ratified and funds totaling $16,667 are appropriated from the General Fund balance to accommodate the contract extension to Amendment No. 1. 3. That an additional $16,667 is appropriated from the General Fund balance to accommodate Amendment No. 2 extending the agreement for services until December 3 1,2005. ... ... 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 4. That the Mayor is authorized to execute Amendment No. 2 between the City of Carlsbad and the San Diego North CVB. 5. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council 2005, by the following vote to wit: SEPTEMBER 13th on the day of AYES: Council Members Lewis, Hall, Kulchin, Packard /? NOES: None ABSENT: Council Member Sigaf Mayor ATTEST: LORRAINE M. WgOD ‘d City Clerk (SEAL) -2- AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR Promotion of Tourism and Visitor Services Carlsbad Convention and Visitor’s Bureau This Amendment No. 2 is entered into and effective as of the 1‘ day of September 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 an additional two (2) months; 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 an additional period of two (2) months beginning November 1,2005 and ending on December 31,2005. 2. Compensation terms in the original agreement, Amendment No. 1 and any subsequent agreements for all programs and services shall be revised to read “Payment for services will be made in a lump sum installment of sixty-eight thousand dollars ($68,000) to cover the period November 1,2005 through December 31,2005.” 3. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. 5. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. ... ... ... City Attorney Approved Version #05.22.01 1 7 /- (e-mail address) (print name/titIe) LORRAINE M. WOdd City Clerk *74: &*M If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONW. BALL, City Attorney By: REV. 08/18/2005 ALE-PURPOSE ACKNOWLEDGMENT Q State of California I 0 personally known to me - OR - droved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/- subscribed to the within instrument and acknowledged to me that he/&e/&ey executed the same in his/k/tkelr authorized capacity(&), and that by his/k/tW signatures@$ on the instrument the person(&, or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal. n OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. 8 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 PARTNER(S) 2 ATTORNEY-IN-FACT NUMBER OF PAGES I I I 1 OTHER I 1 SIGNER IS REPRESENTING: RIGHT THUMBPRINT OF SIGNER 1 NAME OF PERSON(S) OR ENTITY(1ES) I ' &W.t&RPK) (OdUWn*hs 4 v2ln&; i3rs- I APA 5/99 VALLEY-SIERRA, 800-362-3369 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CQ a-cu ? } SS. On 9 -/9 3 oar, before me, P, SOUfKEf; I DaG Name and Title of Officer (e.g., “Jane Doe, Notary Public”) personally appeared RAAJbAi’ c* cp+fl/h/ 1 Name@) of Signer(s) 0 personally known to me 4 proved to me on the basis of satisfactory evidence to be the personw whose name0 idate subscribed to the within instrument and acknowledged to me that he/s+=r&bq executed the same in hislhnrltheir authorized capacity(@, and that by his- signature@) on the instrument the person%), or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above c / Signature of Hary Public 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. Description of Attached Document Title or Type of Document: A /vl E rc/b M-7 # L CTwb T&G&-4EZ=m&*T Document Date: g- &-ds- Number of Pages: 7 Signer(s) Other Than Named Above: flddc Capacity(ies) Claimed by Signer@) Signer’s Name: e I Signer’s Name: Individual Corporate Officer - Title(s): Individual Corporate Officer - Title(s): Partner - 0 Limited 0 Genyd Attorney in Fact ,/ Trustee /’ ,/‘ / I I Guardian or CoFhator Other: Partner - 0 Limited 0 General Attorney in Fact Trustee Guardian or Conservator Signer Is Representing: 3 0 2004 National Notary Association 9350 De Soto Ave , PO Box 2402 Chatsworth, CA 91 313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR Promotion of Tourism and Visitor Services San Diego North Convention and Visitor’s Bureau This Amendment No. 2 is entered into and effective as of the 1‘‘ day of September 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 an additional period of two (2) months; 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 an additional period of two (2) months beginning November 1, 2005 and ending on December 31,2005. 2. Compensation terms in the original agreement, Amendment No. 1 and any subsequent agreements for all programs and services shall revised to read ”Payment for services will be made in a lump sum installment of sixteen thousand, six-hundred and sixty seven dollars ($16,667) to cover the period Novemberl, 2005 through December 31, 2005.” 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. 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. ... ... ... ... ... ... 1 City Attorney Approved Version #05.22.01 u (e-mail addrdss) n A,, n A Mq // I (Sign here) (L&%&L&W& LORRAINE M. WOOB City Clerk -- sp ;-*" '.? (print nameltitle) e/ (e-mail address) 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(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By: Uqmty City Attorney 7. I y . o&' REV. 08/18/2005 .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I (% . -5 before me,h-,i 4h personally appeared - Nameis) of Signer@) Wersonally known to me HY evidence to be the person(9 whose name@) isfare subscribed to the within instrument and acknowledged to me that Wheltkey executed the same in Wherltkeir authorized capacity(ies), and that by Wer/#+eir signature(8jon the instrument the person@), or the entity upon behalf of which the personm acted, executed the instrument. WITNESS my hand and official seal. fkkJ-us4 Signature' of Notary Public OPTIONAL 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 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: I Top of thumb here I Signer Is Representing: - 0 1999 National Notary Assouation * 9350 De Solo Ave, P.O. Box 2402 * Chatsworlh. CA 91313-2402 * www.NationalNota~.org Prod. NO 5907 Reorder' Call Toll-Free 1-800-876-6827 \3 STATE OF CAT.,IFORNIA 1 ) ss. ) COUNTY OF SUA '3 h0 ,a -r personally known to me (or proved to me on the basis of satisfactory evidence to be the person whose name($ idare subscribed to the within instrument and acknowledged to me that hdshdtht executed the same in hisherhheir authorized capacity(&), and that by hishedtheir signatureo on the instrument the person$, or the entity upon behaif of which t insfmment . (This area for official notarial seal) - City of Carlsbad August 16,2005 Mr. Patrick Fern President Carlsbad Convention and Visitors Bureau 400 Carlsbad Village Drive Carlsbad, CA 92008 Dear Patrick On August 2,2005 the City Council approved a two-month extension in the agreement between the City of Carlsbad and your organization for the provision of a number of tourism related services. Since this agreement will expire on August 3 1,2005, and the next opportunity to bring the question of an additional extension before the City Council will be in the month of September, there is the possibility that there could be a lapse in fimding for your organization. Therefore, I am suggesting that, under the contracting powers provided to the City Manager, we mutually agree to a short term extension of the existing agreement, using the same terms and conditions expressed in the extension approved by the City Council on August 2. The period covered by this extension would be September 1 through October 3 1,2005. During that period CCVB would continue to provide all services described in the previous extension, and the City will continue to provide funding to CCVB paid in a single lump sum payment of $68,000 at the beginning of September. If this proposal is acceptable to you, please sign and return a copy of this letter to my office. Thank you for your continued support of the tourism industry and the City of Carlsbad. xtension terms are d Convention and Visitors W/PP cc: Cynthia Haas: Jim Elliott Kurt Burkhart Bureau: Signed: Date: 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 - (760) 434-2821 FAX (760) 720-9461 @ City of Carlsbad August 16,2005 Ms. Cami Mattson President and CEO San Diego North Convention & Visitors Bureau 360 North Escondido Blvd. Escondido, CA 92025 Dear Cami: On August 2,2005 the City Council approved a two-month extension in the agreement between the City of Carlsbad and your organization for the provision of a number of tourism related services. Since this agreement will expire on August 31,2005, and the next opportunity to bring the question of an additional extension before the City Council will be in the month of September, there is the possibility that there could be a lapse in funding for your organization. Therefore, I am suggesting that, under the contracting powers provided to the City Manager, we mutually agree to a short term extension of the existing agreement, using the same terms and conditions expressed in the extension approved by the City Council on August 2. The period covered by this extension would be September 1 through October 3 1,2005. During that period San Diego North would continue to provide all services described in the previous extension, and the City will continue to provide funding to San Diego North paid in a single lump sum payment of $16.667 at the beginning of September. If this proposal is acceptable to you, please sign and return a copy of this letter to my office. Thank you for your continued support of the tourism industry and the City of Carlsbad. Sincerely, Raymokd R. Patchett City Manager W/PP cc: Cynthia Haas Jim Elliott The Proposed contract extension terms are acceptable to the San Diego North Convention and Visitors Bureau: Signed: Date: 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 (760) 434-2821 FAX (760) 720-9461 @