HomeMy WebLinkAbout2019-01-31; Carlsbad Tourism Business Improvement District; Resolution 2019-31
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RESOLUTION NO. 2019-3
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 2
WHEREAS, The City Council of the 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 of the CTBID; and
WHEREAS, the Board of Directors of the CTBID entered into an agreement on June 6,
2018 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, the Board of Directors of the CTBID approved an additional $50,000 for
Visit Carlsbad's Group Incentive Program at their January 16, 2019 Board meeting: and
WHEREAS, Visit Carlsbad has provided an additional public relations proposal shown
at Exhibit A; 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
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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.
3. That $ 7 5 , .o o o be appropriated from CTBID Fund Balance to Miscellaneous
Professional Services for 2018-19 Public Relations.
4. That $50,000 be appropriated from CTBID Fund Balance to Miscellaneous
Professional Services for 2018-19 Group Incentive Program.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of
Directors of the Carlsbad Tourism Business Improvement District on the ___]_l_day of
_J_a_n_u_a_r_y ____ 2019, by the following vote to wit:
AYES: Stripe, Canepa, Idris, Gray
NOES:n/a
ABSENT: Hughes, Rauch
Clerk of the
Carlsbad Tourism Business Improvement District
-2-
EXHIBIT 2A
AMENDMENT NO. 1 TO AGREEMENT WITH CARLSBAD CONVENTION AND VISITORS
BUREAU FOR PROMOTION OF TOURISM AND VISITOR SERVICES
~-4 This Amendment No. 1 is entered into and effective as of the ~ day of
, !'.:\,N?"J" n , 2019, amending the agreement dated June 6, 2018 (the
"Agreement") bynd between the Carlsbad Tourism Business Improvement District (CTBID), and
Carlsbad Convention and Visitors Bureau doing business as Visit Carlsbad ("Contractor")
(collectively, the "Parties") for tourism and visitor promotion programs and services.
RECITALS
A. On June 6, 2018, the Parties executed the original Agreement for professional
services relating to the promotion of tourism in Carlsbad for the period July 1, 2018 through June
20, 2019; and
B. CTBID chooses to fund additional public relations campaigns at a cost of
$ 7 s , o o o which exceeds the amount of the FY 2018-19 contract amount by $ 15 , a a a ; and
C. CTBID chooses add an additional $50,000 to the Group Incentive program which
exceeds the amount of the FY 2018-19 contract amount by $50,000; and
D. 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".(the proposal for the
campaign approved will be included in Exhibit A)
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 seventy-five thousand dollars ($75,000).
3. City will pay Contractor for the Group Incentive Program an additional amount not-
to-exceed fifty thousand dollars ($50,000).
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.
City Attorney Approved Version 9/27/16
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EXHIBIT 2A
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.
CONTRACTOR
roy Wood, Visit Carlsbad Chairperson
CITY OF CARLSBAD, a municipal
corporation of the State of California
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:
CELIA At' jEWr, ~eneral Counsel
BY: 1LW t--, -----~=--------Sr. Assistant General Counsel
City Attorney Approved Version 9/27/16
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