HomeMy WebLinkAbout2005-12-20; City Council; 18396; Amendment 3 Carlsbad Convention, Visitor's BureauCITY OF CARLSBAD -AGENDA BILL
AB# 18,396
MTG. 12/20/05
DEPT. Econ Dev
- DEPT.HD. $&
&? . AMENDMENT No. 3 TO CARLSBAD
CONVENTION AND VISITORS BUREAU AND
SAN DIEGO NORTH CONVENTION AND
CITY ATTY.
VISITOR'S BUREAU CONTRACTS CITY MGR
RECOMMENDED ACTION:
Adopt Resolutions No. 2005-384 and 2005-385 or Resolution No
2005-386 and 2005-387 authorizing the Mayor to execute
Amendment No. 3 extending the agreements with the CCVB and San Diego North CVB
(SDNCVB) through February 28,2006, and specifying terms of payment.
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. Following the
process defined in the Streets and Highways code, the City Council, working with CCVB
and the hoteliers in Carlsbad, formally approved the formation of the CTBID on
November 8, 2005, with final adoption of the ordinance creating the CTBID occurring on
November 15,2005. The approved documents call for the CTBID to become active on
January 1, 2006. Collections made during the month of January 2006 will be paid to the
City by the end of February 2006, and will be available for distribution to the CTBID in
early March 2006.
In June 2005, the City Council also directed staff to prepare a contract extension
providing continued funding for both CCVB and the San Diego North CVB on an interim
basis, for the period July 1, 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.
In September 2005 additional contract extensions were granted to both agencies to
carry their funding through December 31,2005. However, because revenue from the
CTBID will not be available to fund operations of the CTBID until March 2006 (as
described above), the current schedule for disbursement will cause both CCVB and San
Diego North CVB to be without funding beginning January I, 2006.
In order for the City to continue receiving tourism related services from CCVB and San
Diego North CVB, staff is recommending the City amend the existing agreement with
each agency extending their funding for an additional two month period beginning
January 1, 2006, through February 28, 2006. The amount appropriated to CCVB would
be sixty-eight thousand dollars ($68,000) and the amount appropriated to San Diego
North would be sixteen thousand, six hundred, sixty-seven dollars ($ 16,667). Because
funding for visitor and promotional services will be available to the CTBID beginning
March 1, 2006, staff is not recommending any further amendments to extend the 2004
contract beyond February 28, 2006 (Amendment No. 3).
Payments for the period January 1 , 2006 through February 28,2006 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.
Staff is recommending the Council consider two options for providing funding for the
period January to February 2006:
Option 1 : Payment to both CCVB and SDNCVB will be provided in the form of
a loan to the CTBID in order to provide visitor related services in advance of distribution
of funds from CTBlD proceeds. Full repayment of the loan by the CTBID to the City will
be made from the proceeds generated from the CTBID during the 2006 calendar year,
or on an alternate payment schedule approved by the City Council.
Option 2: Payment to both CCVB and SDNCVB will be provided in the form of
a grant to provide visitor related services in advance of distribution of funds from CTBID
proceeds. No repayment of funds will be required.
Once the CTBID begins receiving funds in March 2006, staff believes the program will
have the necessary funding to provide all visitor related marketing and promotion
activities without further financial support from the City of Carlsbad.
FISCAL IMPACT:
The City Council has funded CCVB and San Diego North as from the 2005-06 Operating
Budget as follows:
From Operating Budget (July I-August 31) $84 , 667
Amendment No. I/CM Interim Action (September I-October 31): $84,667
Amendment No. 2:(November 1 -December 31,2005): $84,667
Subtotal Prior Appropriation: $254,001
Proposed Amendment No. 3: (January 1 - February 28,2006): $84.667
Total VisitorfTourism Promotion Expenditure: $338,668
EXHIBITS:
1. Resolution No. 2OOS364 Loan (CCVB)
2. Resolution No. Loan (SDNCVB)
3. Resolution No. 200!&3aI Grant (CCVB)
4. Resolution No. 2005-387 Grant (SDNCVB)
5. CCVB Amendment No. 3
6. San Diego North Amendment No. 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
RESOLUTION NO. 2005-384
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
Convention and Visitor's Bureau (CCVB), dated June 23,2004, for
services and promotion; and
WHEREAS, said agreement expired on June 30,2005; and
WHEREAS, on August 2nd, the City f Carlsbad d the C VB executed Amendment nP
, Amendment No. 1 was
B executed Amendment No.
Business Improvement
March 1,2006; and
ion activities through
to the CTBID and will be
e CTBID during 2006.
ouncil of the City of
e recitations are true and correct.
itional$68,000 is appropriated from the General Fund balance as an
.3 extending the
ent for services through February 28,2006.
...
...
4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2
26
27
28
3. That the loan shall be repaid to the City in 2006 from CTBID proceeds generated in
2006.
4. That the Mayor is authorized to execute Amendment No. 3 between the City of
Carlsbad and the CCVB.
5. PASSED, APPROVED, AND AD of the City Council
on the - day of
AYES:
NOES:
ABSENT:
A. LEWIS
ayor
ATTEST:
-2-
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. 2005-385
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
of visitor services and promotion; and
WHEREAS, under the City
extended to October 3 1,2005 by written agreement; and
WHE AS, Tourism Business Improvement Y
activities until March 1,2006; and
tourism promotion activities through
nterim loan to the CTBID and will be repaid
ed from the CTBID during 2006.
D by the City Council of the City of
Carlsbad, California as follows:
the General Fund balance to
accommodate Amendment No. 3 extending the agreement for services through
February 28,2006.
...
...
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
3. That the Mayor is authorized to execute Amendment No. 3 between the City of
Carlsbad and the San Diego North CVB.
4. That the loan shall be repaid to the City in 2006 from
\05. bv the
2006.
PASSED, APPROVED, AND ADOPTED at a 5.
w City Clerk
-2-
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. 2005-386
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 (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 2”d, 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, on September 13th, the City Council and CCVB executed Amendment No.
2, extending the original 2004 contract to December 3 1 , 2005; and
WHEREAS, funding provided from a new Carlsbad Tourism Business Improvement
(CTBID) will not be available for tourism promotion activities until March 1 , 2006; and
WHEREAS, the City Council desires to fund tourism promotion activities through
February 28,2006, and
WHEREAS, City funds will be treated as a grant to the CTBID.
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 an additional $68,000 is appropriated from the General Fund balance in the
form of a grant, to accommodate Amendment No. 3 extending the agreement for
services through February 28,2006.
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
3. That the Mayor is authorized to execute Amendment No. 3 between the City of
Carlsbad and the CCVB.
4. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
on the 20 day of December 2005, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard, Sigafoose /-
NOES: None
ABSENT: Council Member Kulc
Mayor
ATTEST:
*mdJ
City Clerk
(SEAL)
-2-
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. 2005-387
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 (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 2"d, the City of Carlsbad and the San Diego North CVB 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, on September 13,2005, the City of Carlsbad and the San Diego North CVB
executed Amendment No.2; and
WHEREAS, funding provided from a new Carlsbad Tourism Business Improvement
(CTBID) will not be available for tourism promotion activities until March 1 , 2006; and
WHEREAS, the City Council desires to fund tourism promotion activities through
February 28,2006, and
WHEREAS, City funds will be treated as a grant to the CTBID.
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 an additional $16,667 is appropriated from the General Fund balance in the
form of a grant, to accommodate Amendment No. 3 extending the agreement for
services through February 28,2006.
...
...
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
3. That the Mayor is authorized to execute Amendment No. 3 between the City of
Carlsbad and the San Diego North CVB.
4. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
on the 20 day of December 2005, by the following vote to wit:
AYES: Council Members Lewis,
NOES: None
ABSENT: Council Member Kulchin
Mayor
ATTEST:
miQln*Ij
City Clerk
-2-
AMENDMENT NO. 3 TO EXTEND THE AGREEMENT
FOR
Promotion of Tourism and Visitor Services
Carlsbad Convention and Visitor’s Bureau
This Amendment No. 3 is entered into and effective as of the 1‘‘ day of January
2006, 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 January 1,2005 and ending on February 28,2006.
2. Compensation terms in the original agreement, Amendment No. 1, Amendment
No. 2, 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 January 1, 2006 through February 28, 2006.”
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
s
ctxo\unq@ Am. ('nm
'(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 n -
By: I+&-uR \L
EMYU~V City Attornev
REV. 11/17/2005
ALL-PURPOSE ACKNOWLEDGMENT
State of California I
7 (NOTARY)
before me,
C2-G
SIGNERIS)
(DATE)
On
personally appeared
personally known to me - OR - 0 proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/- subscribed to the within instrument and
I the same in his/Mtkefr authorized
capacity(&j, and that by his/ker/thek
or the entity upon behalf of which the
person(4)- acted, executed the instrument.
I
I
I
l
I
I acknowledged to me that he/*/* executed
I
I
I
l
I
signatures(@ on the instrument the person(&),
WITNESS my hand and official seal.
QbWL c.w
VOTARY'S SIGhATURY \ W
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL 0 CORPORATE OFFICER A-MQM~W- MO. 3 T &-F+P. ..
TITLE OR TYPE OF DOCUMENT 1" TITLE(S)
0 PARTNER(S) 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER:
7
NUMBER OF PAGES
f%ixlN Pile 3cAs. 4m
DATE OF DOCUMENT
OTHER 1
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES) I X
RIGHT THUMBPRINT
OF
SIGNER
APA 5/99 VALLEY-SIERRA, 800-362-3369
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Name($ of Signer(s)
0 personally known to me
proved to me on the basis of satisfactory
evidence
to be the person& whose nameN is/*
subscribed to the within instrument and
acknowledged to me that hefskeClkey executed
the same in his- ' authorized
capacity@), and that by hisMtehWleit
signature&) on the instrument the person@), or
the entity upon behalf of which the personfs)
acted, executed the instrument.
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:
DocumentDate: A' d h 4-P Number of Pages: 2
Signer(s) Other Than Named Above: .,@,ff'in I c
&'E& dM&#? 2 &T€K 4 71//C 8 6 k'c%F?'em7 ??c&%7,& cr- 70c/&s/n F+dA ViZ,7d 4s +sc%,u.c;rz &RCr3-4':, €- d-44 VE
k! k! I Capacity(ies) Claimed by Signer
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: 6 el
0 1999 National Notary Asmiation * 9350 De Sot0 Ave.. P.0. Box 2402 * Chatswolth. CA 91 313-2402 * www.NationalNolary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
AMENDMENT NO. 3 TO EXTEND THE AGREEMENT
FOR
Promotion of Tourism and Visitor Services
San Diego North Convention and Visitor's Bureau
This Amendment No. 3 is entered into and effective as of the 1'' day of January
2006, 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:
I. The Agreement is hereby extended for an additional period of two (2) months
beginning January 1,2006 and ending on February 8,2006.
2. Compensation terms in the original agreement, Amendment No. 1, Amendment
No. 2 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 ($16,667) to cover the period January 1, 2006 through February 28,
2006."
3. All other provisions of the Agreement, as may have been amended from time to
time, shall remain in full force and effect.
4. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include
coverage for this Amendment.
5. The individuals executing this Amendment and the instruments referenced on
behalf of Contractor each represent and warrant that they have the legal power,
right and actual authority to bind Contractor to the terms and conditions hereof of
this Amendment. ...
... ... ... ...
1
City Attorney Approved Version #05.22.01
address)
//A
(e-mail address)
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A.
Chairman,
President, or
Vice-president
*Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attac,, a resolution certified by the secretary or assdant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONA R. BALL, City Attorney A
By: - rqzqoh, BepatrCity Attorney
2
City Attorney Approved Version #05.22.01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
Name@) of Signer(s)
wersonally known to me
evjelence
disfzctory
to be the person@$ whose name&) isbe
subscribed to the within instrument and
acknowledged to me that %he/tkey executed
the same in kisfher,44eir authorized
capacity(k), and that by kislheWeir
signaturewon the instrument the person@, or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNFSS my hand and official seal.
%nature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Documen
Document Date: Lf-4-bA-so Number of Pages:
Signer(s) Other Than Named Above: h' rV-& m-- %.-(
Capacity(ies) C4aimed by Signer
Signer's Name:
hndividual .- 0 Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Q 1999 National Notary Association 9350 De Soto Am., P.O. Box 2402 Chatsworih, CA 91313-2402 * w.NatiinalNotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA 1
J On n/o~. GL c>' before me, the rsigned, a Notary Public in and for
said State, personally appeared \-,&a ch leu
personally known to me (or proved to me on the basis of satisfactory evidence to be the person
that executed the within instrument.
(This area for official notarial seal)