HomeMy WebLinkAbout2006-06-21; Carlsbad Tourism Business Improvement District; Resolution 2006-71 RESOLUTION NO. 2006-7
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 Carlsbad Convention and
21
Visitors Bureau (CCVB) possesses the necessary skills to provide services related to the
22
promotion of tourism; and
23
WHEREAS, the Board of Directors has determined that the San Diego North
24
Convention and Visitors Bureau (SDNCVB) possesses the necessary skills to provide services as
25
they relate to the group sales travel market; and
26
28
1 WHEREAS, the CCVB and SDNCVB have agreed to provide tourism services under the
2 terms and conditions of the agreements attached hereto for the term July 1, 2006 through
3 December 31,2006,
4 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad
5 Tourism Business Improvement District, as follows:
6 1. That the above recitations are true and correct.
7 2. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit
8 1, between the CTBID and the Carlsbad Convention and Visitors Bureau to provide
9 professional services related to tourism promotion.
10 3. That the Chairperson is hereby authorized to execute the attached agreement, Exhibit
11 2, between the CTBID and the SDNCVB to provide professional services related to
12 the group sales travel market.
13 ///
14 ///
15 ///
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ;//
28
-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
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors of the Carlsbad Tourism Business Improvement District on the ^\^day of
_ 2006, by the following vote to wit:
AYES:
NOES:
ABSENT:
APRIL SHUTE
Chairperson
ATTEST:
LDtfRAINE jtVOOD
Pro Tern Clerk of the
Carlsbad Tourism Business Improvement District
-3-
EXHIBIT 1
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 July, 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 Visitors Bureau,
("Contractor").
RECITALS
A. The Parties desire to extend the terms and conditions of the Agreement for a period
of six (6) months, from July 1 , 2006 through December 31 , 2006; and
B. The CTBID requires the visitor and promotional services provided by Carlsbad
Convention and Visitors 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 six (6) months beginning
July 1 , 2006 through December 31 , 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 Visitors Bureau dated June 23,
2004 that is attached hereto as Exhibit A and incorporated by reference. Compensation will be
made in six (6) monthly installments of thirty-four thousand dollars ($34,000) each month. The
first installment shall be payable in the first full week of July. 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.
(e-mail address)
*By:
(print name/title)
/^CJCAAIK
/,.*___:
CARLSBAD TOURISM BUSINESS
IMPROVEMENT DISTRICT: a Business
Improvement District as defined in
section 36500 of the California Streets
and Highways Code
By:
Chairperson
ATTEST:
INE MNWOOD
Pro Tern Clerk of the
Carlsbad Tourism Business
Improvement District
(e-mail aaofess)
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 J3^EEr^5fcneral Counsel
City Attorney Approved Version #05.22.01
EXHIBIT 2
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 July, 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
Visitors Bureau, ("Contractor").
RECITALS
A. The Parties desire to extend the terms and conditions of the Agreement for a period
of six (6) months, from July 1, 2006 through December 31, 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 six (6) months beginning
July 1, 2006 through December 31, 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 Visitors Bureau dated June 23,
2004 that is attached hereto as Exhibit A and incorporated by reference. Compensation will be
made in six (6) 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 July. 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
\o
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:
(sign here)
/ / CARLSBAD TOURISM BUSINESS
rr/zJ// IMPROVEMENT DISTRICT: a Business
^ ^Improvement District as defined in
/ fW
(print name/title)
(e-mail address)
(print name/title)
(e-mail address)
section 36500 of the California Streets
and Highways Code
By; ^^//^
Chairperson
WOOD
Pro Tern ClerR^f 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:
General Counsel
City Attorney Approved Version #05.22.01
l(