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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)