Loading...
HomeMy WebLinkAbout2010-01-26; Carlsbad Tourism Business Improvement District; 01-10-50; Consider Amending Mindgruve ContractCARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT AGENDA BILL AB# 01-10-50 Consider amending the Mindgruve CTBID STAFF MTG. 1-26-10 Consider amending the Mindgruve GENERAL 1-26-10 Endless Summer marketing campaigns COUNSEL DEPT. Admin contract DEPT. Services RECOMMENDED ACTION: If the Board chooses, adopt resolution 2010-1 directing staff to amend the Mindgruve Endless Summer marketing campaign contract to allow payment of monies that exceeded the original contract not to exceed amounts. ITEM EXPLANATION: On May 8, 2009 the CTBID Board contracted with Mindgruve to perform an Endless Summer marketing campaign. This 90-day campaign targeted Los Angeles and Orange County visitors through on-line and print media. The campaign period was Junel through August 31 for a total cost of $250,000. The funding for this program was $100,000 from the City of Carlsbad General fund, $100,000 from CTBID resen/es and a $50,000 grant from NRG. The contract (shown at Exhibit 2) allocated a certain amount of hours and direct costs for each specific category. As stated in the contracl, these amount s were not to exceed amounts and any deviation from these amounts was to be approved by the CTBID Board. At conclusion of the contract, Mindgruve was required to submit time records and receipts to the contract administrator to substantiate the total hours and amounts spent Midgruve submitted receipts totaling $249,931. However, as shown in the summary at Exhibit 3 one category was underspent and two categories exceeded the contract budget The direct mail category budget was $25,000. Due to the short time duration of the campaign. Mindgruve decided not to do any direct mail mariceting but to put that money towards the on-line banner advertising and pay per click advertising. These two categories exceeded the not to exceed budget amounts by $24,931. This included 56 hours over the not to exceed hours (at $125 per hour is $7000) and $17,931 over the not to exceed direct costs. Per the contract guidelines, Board approval was required to move money between these categories. Since this formal approval was not obtained these amounts were not paid to Mindgruve. The Board Chair requested that this item be put on the agenda for the Board to consider whether or not to pay Mindgruve the $24,931 that was disallowed. Based on the Board's review and discussion, if it decides it wants to pay Mindgruve for the amounts not paid it can adopt the attached Resolution 2010-1. This resolution amends the original contract changing the budget amounts in each category to coincide with what Mindgruve spent which will allow the payment of the $24,931. FISCAL IMPACT: The additional money is already budgeted in the CTBID 2009-10 budget 4- ENVIRONMENTAL IMPACT: This action does not approve any projects that will have a physical adverse affect on the environment so it falls within the general rule under CEQA that this is not a project (CEQA Regulation 15738 (b)). EXHIBITS: 1. Resolution 2010-1 directing staff to amend the Mindgruve Endless Summer marketing campaign contract to allow payment of monies that exceeded the original contracfs not to exceed amounts 2. Midgruve Endless Summer marketing campaign contract dated May 5, 2009. 3. Summary by category of time records and receipts submitted by Mindgruve for the Endless Summer marketing campaign. DEPARTMENT CONTACT: Cheryl Gerhardt 760-277-5203. cqerh@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. BOARD ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF j • WrrHDRAWN • OTHER-SEE MINUTES ! • AMENDED • 3 EXfflBIT 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2010-1 2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT ^ DISTRICT, AUTHORIZING THE CHAIRPERSON TO AMEND 4 MINDGRUVE ENDLESS SUMMER AGREEMENT ^ 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 7 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 ofthe 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 goveming 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 CTBID contracted with Mindgruve to perform a summer marketing campaign for the summer of 2009: and WHEREAS, the contract provided funding for specific categories with not to exceed amounts; and WHEREAS, Mindgruve exceeded fianding in some categories and underspent in other categories; and WHEREAS, the CTBID Board wishes to amend the funding in each category to coincide with the amounts spent by Mindgruve; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors ofthe Carlsbad Tourism Business Improvement District, as follows: 1. That the above recitations are true and correct. 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 1. That the CTBID General Counsel is directed to draft the documents necessary to amend the Mindgruve Endless Summer Marketing Campaign contract in order to pay Mindgruve the monies that were disallowed under the existing contract. 2. That the CTBID Chairperson is hereby authorized to approve the agreement between the CTBID and Mindgruve in a form acceptable to the CTBID General Counsel for the procurement of the described services. /// /// /// /// /// /// /// /// PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Tourism Business Improvement District on the 26*_day of January, 2010, by the following vote to wit: AYES-.'^OcuJ rVjur^U^ Sh,^, &U^, (Lxr^tfic, l^JL^ra, (l>UJcorct- NOES: (Viae ABSENT: 2)0^^.^ ry^^n^U^ ^''^ APRIL SHUTE Chairperson ATTEST: LORRAINE WOOD Pro Tem Clerk of the Carlsbad Tourism Business Improvement District