HomeMy WebLinkAbout2016-10-19; Carlsbad Tourism Business Improvement District; Resolution 2016-71
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RESOLUTION NO. 2016-7
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT,
AUTHORIZING THE CHAIRPERSON TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT WITH THE
CARLSBAD CONVENTION AND VISITORS BUREAU DOING
BUSINESS AS VISITCARLSBAD _________ _
EXHIBIT 1
WHEREAS, The City Council ofthe City of Carlsbad adopted Ordinance No. NS-778
enacting Chapter 3.37 of the Carlsbad Municipal Code on November 15, 2005 thereby creating
the Carlsbad Tourism Business Improvement District (CTBID); and
WHEREAS, the primary purpose of the CTBID is to promote tourism and provide
services to visitors to the City of Carlsbad; and
WHEREAS, the City Council has authorized the Board of Directors of the CTBID to
conduct the business of the CTBID in the time, place and manner that best suits the needs of the
Board of Directors of the CTBID, subject to the control of federal, state and local laws governing
the activities of a Business Improvement District; and
WHEREAS, the City Council has provided the Board of Directors with the ability to
contract for services necessary to carry out the purpose ofthe CTBID; and
WHEREAS, the Board of Directors of the CTBID entered into an agreement on June 23,
2016 with the Carlsbad Convention and Visitors Bureau, a non-profit corporation doing business
as VisitCarlsbad to promote tourism and provide services to visitors; and
WHEREAS, VisitCarlsbad exceeded its FY 2015-16 annual budget by $13,177; and
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 subject to review and approval and signature of Amendment No. 1 by The
Board of Carlsbad Convention and Visitor Bureau, dba VisitCarlsbad and by the
CTBID General Counsel, the Chairperson is hereby authorized to execute
Amendment No. 1 to the Agreement between CTBID and Carlsbad Convention and
Visitors Bureau to provide professional services related to tourism promotion.
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3. That $13,177 be appropriated from CTBID Reserve Funds to Miscellaneous
Professional Services and dispersed to Carlsbad Convention and Visitors Bureau for
FY 20 15-16 incurred expenses.
PASS ED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors of the Carlsbad Tourism Business Improvement District on the ~day of
Q ( +o bet<':. 2016, by the following vote to wit: J .
AYES: C-aV\~d I~~} ~M\.-et3 I 9MS, \ v\.S>.
NOES: N OY\€.
ABSENT: S-tv1 pe I A 4 '¥.--BYS.
/1t:.£-Chair
17 Carlsbad ourism Business Improvement District
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-2-
AMENDMENT NO. 1 TO AGREEMENT WITH CARLSBAD CONVENTION AND VISITORS
BUREAU FOR PROMOTION OF TOURISM AND VISITOR SERVICES
--"\ This Amendment No. 1 is entered into and effective as of the 2 4 /;!Jday of
'-_)t • , 20'1'1 amending the agreement dated June 23, 2016 (the
"Agreement") by a b tween the Carlsbad Tourism Business Improvement District (CTBID), and
Carlsbad Conven n and Visitors Bureau doing business as VisitCarlsbad ("Contractor")
(collectively, the "Parties") for tourism and visitor promotion programs and services.
RECITALS
A On June 23, 2016, the Parties executed the original Agreement for professional
services relating to the promotion of tourism in Carlsbad; and
B. Contractor submitted fiscal2015-16 year-end report to CTBID which indicated that
VisitCarlsbad exceeded the FY 2015-16 contract amount by $13, 177; and
C. The Parties desire to alter the Agreement's scope of work to and fee schedule,
which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, as may have been
amended from time to time, Contractor will provide those additional services described in Exhibit
"A".
2. City will pay Contractor for all work associated with those services described in
Exhibit "A" in an amount not-to-exceed Thirteen Thousand One Hundred Seventy Seven dollars
($13,177).
3. Contractor completed all work described in the attached Exhibit "A" by June 30,
2016.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
6. The individuals executing this Amendment and the instruments referenced in it 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 of this Amendment.
City Attorney Approved Version 9/27/16
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CONTRACTOR
By:
(sign here)
(print name/title)
CITY OF CARLSBAD, a municipal
corporation of the State of California
ATTEST:
BARB RA ENGLESON
Pro Tern Clerk of the CTBID
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:
City Attorney Approved Version 9/27/16
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Amend FY 2016-17 Budget to include $13,177, for overages incurred in FY 2015-16 on
expense line items: Labor, Outside Services, Promotional Programs netted against savings in
General Administration Expenses.
INCOME
Public Sources
CTBID Revenues
Private Source Income
Total Public Sources
TOTAL INCOME
EXPENSE
Labor
Salaries
Officers
Direct Labor
Public Relations
Visitor Srvc Manager
Visitor Srvc Coordinator
Volunteer-Paid
Payroll Taxes
Works Comp
Benefits
Total Labor
Promotional Programs
Advertising & Production
Research
Outside Svcs-Digital Mktg
Outside Svcs-Group Direct
Outside Svcs-Public Relations
Total Outside Services
Public Relations Events
Travel & Entertainment
Dues & Subscription
Collateral Prod. & Fulfillment
Total Promotional Programs
Original
FY17
Budget
Proposed
FY17
Budget
965,435 978,612
965,435 978,612
965,435 978,612
94,292 94,292
51,867 51,867
36,420 36,420
10,116 0,116
1,100 1,100
20,000 20,000
2,000 2,000
35,040 35,040
250,835 250,835
6,000 6,000
6,000 6,000
250,000 250,000
300,000 300,000
Variance
13,177
13,177
13,177
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0 ----~------~------------113,000 113,000
663,000 663,000 0
4,000 4,000 0
4,000 4,000 0
2,000 2,000 0
----~------~------------2,000 2,000 0
687,000 687,000 0
City Attorney Approved Version 9/27/16
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Original Proposed
FY17 FY17
Budget Budget Variance
General Administration
Bank Charges 1,000 1,000 0
Equipt. Rental & Maint. 3,000 3,000 0
Facility Repair & Maint. 150 150 0
General Liability Ins. 1,000 1,000 0
Office Supplies 2,000 2,000 0
Postage 100 100 0
Taxes 100 100 0
Telephone 7,500 7,500 0
Professional Services 5,600 5,600 0
Volunteer Program 1,000 1,000 0
Miscellaneous 1,750 1,750 0
Utilities 2,400 2,400 0
Computer Expense 2,000 2,000 0
Carryover from FY 2015-2016 13,177 13,177
Tota/G&A 27,600 40,777 13,177
TOTAL EXPENSE 965,435 978,612 13,177
City Attorney Approved Version 9/27/16
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