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HomeMy WebLinkAbout2006-02-15; Carlsbad Tourism Business Improvement District; Resolution 2006-2EXHIBIT 1 1 RESOLUTION NO. 2006-2 2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CHAIRPERSON TO 4 EXECUTE AGREEMENTS WITH THE CARLSBAD CONVENTION AND VISITORS BUREAU (CCVB) AND SAN 5 DIEGO NORTH CONVENTION AND VISITORS BUREAU (SDNCVB) 6 WHEREAS, The City Council of the City of Carlsbad adopted Ordinance No. NS-778 7 enacting Chapter 3.37 of the Carlsbad Municipal Code on November 15, 2005 thereby creating 8 the Carlsbad Tourism Business Improvement District (CTBID); and 9 WHEREAS, the primary purpose of the CTBID is to promote tourism and provide 10 services to visitors to the City of Carlsbad; and 11 WHEREAS, the City Council has authorized the Board of Directors of the CTBID to 12 conduct the business of the CTBID in the time, place and manner that best suits the needs of the 13 Board of Directors of the CTBID, subject to the control of federal, state and local laws governing 14 the activities of a Business Improvement District; and 15 WHEREAS, the City Council has provided the Board of Directors with the ability to 16 contract for services necessary to carry out the purpose of the CTBID; and 17 WHEREAS, the Board of Directors of the CTBID has determined that it is in the best 18 interest of the District to promote tourism and provide services to visitors to the City of Carlsbad 19 through the use of agencies that currently exist in the community to provide these services; and 20 WHEREAS, the Board of Directors has determined that the CCVB possesses the 21 necessary skills to provide services related to the promotion of tourism; and 22 WHEREAS, the Board of Directors has determined that the SDNCVB possesses the 23 necessary skills to provide services as they relate to the group sales travel market; and 24 WHEREAS, the CCVB and SDNCVB have agreed to provide tourism services under the 25 terms and conditions of the agreements attached hereto for the term March 1, 2006 through June 26 30, 2006, 27 \Q 28 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 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Tourism Business Improvement District, as follows: 1. That the above recitations are true and correct. 2. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit 1, between the CTBID and the Carlsbad Convention and Visitors Bureau to provide professional services related to tourism promotion. 3. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit 2, between the CTBID and the SDNCVB to provide professional services related to the group sales travel market. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Tourism Business Improvement District on the I j day of _ 2006, by the following vote to wit: AYES: NOES: ABSENT: APRIL S#HUTE Chairperson ATTEST: V LORj^INE>W€>QD__— ~~~¥ro Tem Clerk of the Carlsbad Tourism Business Improvement District (i -2- EXHIBIT 2 AGREEMENT FOR PROMOTION OF TOURISM AND VISITOR SERVICES CARLSBAD CONVENTION AND VISITORS BUREAU This Agreement between the Carlsbad Tourism Business Improvement District (CTBID) and the Carlsbad Convention and Visitors Bureau (CCVB) (collectively, the "Parties") is entered into and effective as of the 1st day of March, 2006, extending and applying the terms and conditions of 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"). RECITALS A. The Parties desire to extend the terms and conditions of the Agreement for a period of four (4) months, from March 1 , 2006 through June 30, 2006; and B, The CTBID requires the visitor and promotional services provided by Carlsbad Convention and Visitor's Bureau, in the form in which these services were previously provided to the City of Carlsbad. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Parties agree as follows: 1 . The Agreement is hereby entered into for a period of four (4) months beginning March 1 , 2006 through June 30, 2006. 2. The terms and conditions between the parties shall be those set forth in the agreement between the City of Carlsbad and the Convention and Visitor's Bureau dated June 23, 2004 that is attached hereto as Exhibit 4 and incorporated by reference. Compensation will be made in four monthly installments of thirty-four thousand dollars ($34,000) each month. The first installment shall be payable in the first full week of March. Subsequent installments shall be paid in the first full week of each month, through the term of this agreement. 3. All other provisions of the Agreement, as may have been amended from time to time by the City of Carlsbad, or as may be amended by the Parties, 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. City Attorney Approved Version #05.22.01 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. CONTRACTOR 0 ' (sign be're) l\J&\A*AC>tu (pfiht name^itle) (e-mail address) (sign here) (print name/title) CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT: a Business Improvement District as defined in section 36500 of the California Streets and Highways Code By: ghairBrsdn / ATTEST: NE M. WOOD Pro Tern Clerk of the Carlsbad Tourism Business Improvement District 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 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, General Counsel City Attorney Approved Version #05.22.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C^&*^> On >-^' <^~7, « Date personally appeared ^> " (9- 5^>c>< •^ s * before me, ^C GtyUS . } c/// ss. Name and Title of Officer (e.g.. "Jane Doe, Notary Public") ^/J ,4/0,6 jUrffjdy Jefrti AJAyt V. SQUIRES Commission * 1425050 I Notary Public • California San Diego County My Comm. Expires Jun 16.2007 Name(s) of Signer(s) D personally known to me ft proved to me on the basis of satisfactory evidence to be the person (s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hei'she/they executed the same in hio/hof/their authorized capacity(ies), and that by hio/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ature of Nota^^ublic 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: V'St 7* ^ -S<5"£vl l C<^S 0/$/7»£S ^ Document Date: Tt o /J _ Number of Pages: 1Z. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Represent!ng:_ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. OA 913) 3-2402 • viww.NationalNotary.org Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 AGREEMENT FOR PROMOTION OF TOURISM AND VISITOR SERVICES SAN DIEGO NORTH CONVENTION AND VISITORS BUREAU This Agreement between the Carlsbad Tourism Business Improvement District (CTBID) and the San Diego North Convention and Visitors Bureau (SDNCVB) (collectively, the "Parties") is entered into and effective as of the 1st day of March, 2006, extending and applying the terms and conditions of 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"). RECITALS A. The Parties desire to extend the terms and conditions of the Agreement for a period of four (4) months, from March 1, 2006 through June 30, 2006; and B. The CTBID requires the visitor and promotional services provided by SDNCVB, in the form in which these services were previously provided to the City of Carlsbad. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, Parties agree as follows: 1 . The Agreement is hereby entered into for a period of four (4) months beginning March 1, 2006 through June 30, 2006. 2. The terms and conditions between the parties shall be those set forth in the agreement between the City of Carlsbad and the Convention and Visitor's Bureau dated June 23, 2004 that is attached hereto as Exhibit 4 and incorporated by reference. Compensation will be made in four monthly installments of eight thousand three hundred thirty-three dollars and thirty-three cents ($8,333.33) each month. The first installment shall be payable in the first full week of March. Subsequent installments shall be paid in the first full week of each month, through the term of this agreement. 3. All other provisions of the Agreement, as may have been amended from time to time by the City of Carlsbad, or as may be amended by the Parties, 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. City Attorney Approved Version #05.22.01 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. CONTRACTOR *By: CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT: a Business Improvement District as defined in section 36500 of the California Streets and Highways Code (print name/title) (print name/title) Chairperson RRAUJJEJVI. WOOD Pro Tem Clerk of the Carlsbad Tourism Business Improvement District (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 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: RONA4=Q R. BALL, General Counsel oeneral Counsel City Attorney Approved Version #05.22.01 JURAT State of California County of Subscribed and sworn to (or affirmed) before me on this K}^ day of .20^ personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. . «1529000 z Notary Public • California g San Diego County My Comnt EKWS Nov. 22,2MB? (seal)