HomeMy WebLinkAbout2005-09-13; City Council; 18272; Amend Convention and Visitor's Bureau Contractd w
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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.
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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.
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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)
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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.
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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 ($68,000) to
cover the period November 1,2005 through December 31,2005.”
3. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include
coverage for this Amendment.
5. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions hereof of
this Amendment. ...
... ...
City Attorney Approved Version #05.22.01
1
7
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(e-mail address)
(print name/titIe)
LORRAINE M. WOdd
City Clerk
*74: &*M
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a CorDoration, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
**Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONW. BALL, City Attorney
By:
REV. 08/18/2005
ALE-PURPOSE ACKNOWLEDGMENT
Q State of California I
0 personally known to me - OR - droved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/- subscribed to the within instrument and
acknowledged to me that he/&e/&ey executed
the same in his/k/tkelr authorized
capacity(&), and that by his/k/tW
signatures@$ 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
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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)
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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):
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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
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STATE OF CAT.,IFORNIA 1 ) ss.
) COUNTY OF SUA '3 h0
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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 @