HomeMy WebLinkAbout1991-04-09; Housing & Redevelopment Commission; 181; Carlsbad 5000 Roadrace. ’ 1_ . 4,. :c
HOUSING AND;- EDEVELOPMENT COMMIS--IN - AGENDA BILL
iB# 181 TITLE; AGREEMENT WITH ELITE RACING FOR THE
UlTG. !f-?-‘)I CARLSBAD 5000 5K ROADRACE
IEPT. RED
RECOMMENDED ACTION:
Adopt Resolution No. fly approving the agreement with El ite
Racing to manage and direct the 1991 Carlsbad 5000 5K Roadrace in
a manner which promotes a positive image of Carlsbad to a
nationwide audience AND to authorize Executive Director of the
Redevelopment Agency to execute the agreement.
ITEM EXPLANATION:
The first Carlsbad 5000 5k Roadrace was held in 1986. It was the
culmination of a concept developed by area business owner/managers
and athletes to promote tourism and to bring a world class athletic
event to the City of Carlsbad. The race has been held each year
since then in the downtown “Village” area of Carlsbad, increasing
in size and prestige each successive year. The event, originally
managed by In Motion, Inc, and now by Elite Racing, Inc., has
continued to attract first class athletes from around the world who
continue to set new world records at the Carlsbad 5000 5k Roadrace.
The event was expanded in 1990 to include a two day Expo and
Children’s races. This year, the event will also include a
Wheelchair Invitational Race. Media coverage of the race has
expanded from local to national coverage in newspapers, magazines,
television and cable.
Staff has prepared the agreement clarifying obligations of both
Elite Racing, Inc., and the City of Carlsbad Redevelopment Agency.
The event is televised nationally and promotes tourism in Carlsbad.
This promotion is beneficial to the economic health of Carlsbad
businesses and increases municipal revenues.
FISCAL IMPACT:
The 1991 agreement provides for a ONE TIME contribution from the
City of Carlsbad Redevelopment Agency to Elite Racing, Inc., of a
minimum of $2,000 and a maximum of $4,000, which will be determined
by a formula based upon the total number of participants registered
for all races.
EXHIBITS:
1 . Housing and Redevelopment Commission Resolution No. ti approving an agreement with Elite Racing, Inc. and authorizing
Executive Director to execute agreement.
2. Agreement
April 15, 1991
TO: CITY MANAGER
FROM: Housing and Redevelopment Director VIA: Community Development Director
EXECUTING AGREEMENTS FOR THE CARLSBAD 5000
Attached are two copies of the amended agreement with Elite Racing, Inc., for managing and directing the Carlsbad 5000 5K Roadrace. They both have been signed by Tim Murphy, President of Elite Racing, Inc.
Per direction from the Housing and Redevelopment Commission when hearing Agenda Bill #I81 and adopting Resolution No. 188 at the Special Meeting on April 9, 1991, please execute the attached agreements. Please forward one copy back to the Housing and Redevelopment office for forwarding to Mr. Murphy.
Thank you.
Prepared by: Linda Holmes
KG:LH:ec
Attachment
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HOUSING AND REDEVELOPMENT COMMISSION
RESOLUTION NO. 188
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT WITH ELITE RACING, INC., AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY TO EXECUTE THE AGREEMENT.
Whereas, the Housing and Redevelopment Commission of
the City of Carlsbad desires to encourage activities that
promote tourism and increase visibility of the City
nationally; _ --
Whereas, the Housing and Redevelopment Commission
desires to encourage activities that enhance economic health
and increase revenues to area businesses and thereby
increase municipal revenues;
Whereas, the Carlsbad 5000 5k Roadrace (aka.,
HomeFed Bank Carlsbad 5000 5k Roadrace) has continued to
increase in size and prestige in the athletic community
since 1986 and now garners National Media Coverage.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the
Housing and RedeveJopment Commission of the City of
Carlsbad, California, as follows:
1 . That the above recitations are true and correct.
2. That the agreement between the Houisng and
Redevelopment Commission and Elite Racing, Inc.,
to manage and direct the Carlsbad 5000 5k Roadrace
in a manner that will promote a positive image of
Carlsbad to a nationwide audience is attached as
EXHIBIT “2” and incorporated herein by reference,
is hereby approved.’
3. That the Executive Director of the Carlsbad
Redevelopment Agency is authorized to execute the
agreement.
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PASSED, APPROVED, AND ADOPTED at a special meeting of
the Housing and Redevelpoment Commission of the City of
Carlsbad, California held on the 9th day of April I
1991, by the following vote, to wit:
AYES: Commissioners Lewis, Larson and Nygaard
NOES : None
ABSENT : Commissioners Kulchi
ATTEST :
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AGREEMENT
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THIS AGREEMENT, made and entered into as of the P-m
day of /WY f.- I 198, by and between the
CITY OF CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, a municipal
corporation, hereinafter referred to as “Commission”, and Elite
Racing, Inc., hereinafter referred to as “Consultant”.
RECITALS
Commission requires the services of a roadrace event
management consultant to provide the necessary management and
promotion services for preparation of the 1991 Carlsbad 5000 5K
Roadrace, hereinafter referred to as the “race”, (aka, HomeFed
Carlsbad 5000 5K Roadrace) ; and Consultant possesses the necessary
skills and qualifications to provide the services required by the
Commission;
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, Commission and Consultant agree
as follows:
1 : CONSULTANT’S OBLIGATIONS
Consultant agrees to direct and manage the race in a manner
that promotes and maintains a positive image of the City of
Carlsbad including but not limited to:
A. Prqmotion of race to increase the number of participants
and spectators visiting downtown Carlsbad to attend the
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t-ace and to visit the Vi 1 lag8 Redevelopment Project Area.
B. Provide parking vouchers to Merchants who require access
to the Roosevelt St./Elm Ave. corner parking lot for use
on Saturday April 13, and Sunday Apri 1 14, during
street/parking lot closures. Merchants include but are
not limited to:
Diehl, Evans & Co., 2965 Roosevelt St. Suite A
Beach Cities Chiropractic, 594 Carlsbad Village Dr.
Bark Shoppe, 592 Carlsbad Village Dr.
Paperback Book Exchange, 578 Carlsbad Village Dr.
Shear Magic, 574 Carlsbad Village Dr.
Koopsen’s of Carlsbad, 560 Carlsbad Village Dr.
c. Comply with conditions of the City of Carlsbad Special
Event Permit.
D. Provide the City Redevelopment Agency with demographic
statistical data from information obtained from r-ace
entry form on all race participants prior to receiving
contribution.
E. Pay for applicable Tity services (i.e., Police, Fire,
Utilities & Maintenance, Parks & Recreation) to the race
prior to receiving the Redevelopment Agency contribution.
F. Pay for all electricity utilized by the expo if usage
amounts to an increase of more than $500 over th+
existing monthly billing for electrical lighting to tk’s
Roosevelt mid-block parking lot; if applicable, must Be
paid prior to receiving contributibn.
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G. Must pay outstanding charges for City of Carlsbad Police
services of $2,012 in 1989 and $3,317 in 1990 race as
follows over the next 24 month period:
1) 50% of the fees must be paid prior to approval of
Special Event Permit for the 1992 race.
2) The balance must be paid prior to approval of the
Special Event Permit for the 1993 race.
2. COMMISSION OBLIGATIONS
The City.Redevelopment Agency shall provide the following:
A.
B.
C.
D.
Press access to the Redevelopment Office for. use of
phones, fax, copy machine, bathroom facilities on’Apri1
14, 1991.
Access to the Redevelopment Office for a. Hospitality
Suite for elite racers on Sunday April 14, 1991.
Prepare, install, and remove Sandwich Board Sign
advertising the race at the corner of State St. and Elm
Avenue.
Provide space for a Press Conference, ‘coordinate access
to the Mayor and Mayor Pro-Tern for the press conference,
and coordinate access to the Mayor and Mayor Pro-Tern t,z
officiate at the Finish Line for the Invitational R?ce.
3. PROGRESS AND COMPLETION
The work under this contract has begun and wi 11 cant i,:.i+
following execution of this agreement. All race ever>%
including clean up must be completed by 6PM, April 14, ;90:.
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4. FEES TO BE PAID TO CONSULTANT
Upon confirmation of consultant’s performance in compliance
with Item lA, 18, lC, lD, lE, lF, & lG, the City Redevelopment
Agency shall provide a ONE TIME cash contribution to the race
in accordance with the following formula:
Contribution will be based on $ 0.50 per official
participant entry with a minimum contribution of
$2,000 and a maximum contribution of $4,000. The
official race participant list shall be.delivered
by-the consultant prior to payment of the
contribution.
No other compensation for services will be allowed except
those items covered by supplemental agreements per Paragraph
8, “Changes in Work. ”
5. DURATION OF CONTRACT
This agreement shall extend for a period of thirty (30) days
from date thereof.
6. PAYMENT OF FEES
Payment of fees shall be upon compliance of Section lA, IB,
lC, 10, lE, 1F and 1G and delivery of items mentioned therein.
7. FINAL SUBMISSIONS
Within thirty (30) days of completion of the race, the
Consultant shall de1 iver to the Commission proof of compl iance
with current terms and assurance of compliance with terms
listed in Section 1 of this agreement.
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8. CHANGES OF WORK
If, in the course of the contract, changes are requested by
the Consultant or the Commission, and informal consultations
with the other party indicate that a change in the conditions
of the contract is warranted, the Consultant or the Commission
may request a change in the contract. Such changes shall be
processed by the Commission in the following manner: a letter
outlining the required changes shall be forwarded to the
Commission by Consultant to inform them of the proposed
changes along with a statement of estimated changes in charges
or time schedule. A supplemental agreement shall be prepared
by the City Redevelopment Agency and may be approved by the
.Commission, at its discretion, according to the procedures
described in Carlsbad Municipal Code Section 3.28.172. Such
supplemental agreement shall not render ineffective or
invalidate unaffected portions of this agreement.
9. COVENANTS AGAINST CONTINGENT FEES ’
The Consultant warrants that their firm has not employed or
retained any company or person, other a bona fide employee
working for the Consultant, to solicit or secure this
agreement, and that Consultant has not paid or agreed to pay
any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon, or resulting from, the award or
making of this agreement. For breach or violation of this
warranty, the Commission shall-have the right to .annul this
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agreement without liability, or, in its discretion, to deduct
from the agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage,
brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Consultant shall comply with the state and federal laws
regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Consultant’s failure to prosecute,
deliver, .or perform the work as provided for in this ‘contract,
the Commission may terminate this contract for nonperformance
by notifying the Consultant by certified mail of the
termination of the Consultant. The Consultant, thereupon, has
five (5) working days to deliver said documents owned by the
Commission and al 1 work in progress to the City
Manager/Executive Di rector, The City Manager/Executive
Director shall make a determination of fact based upon the
documents delivered to Commission of the percentage of work
which the Consultant has performed which is usable and of
worth to the Commission in having the contract completed.
Based upon that finding as reported to the Ci%y
Manager/Executive Di rector, the City Manager/Executive
Director shall determine the final payment of the contract.
12. DISPUTES
If a dispute should arise regarding the performance of work
under this agreement, the following procedure shall be used to
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resolve any qU8StiOtl of fact or interpr8tation not otherwise
settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons
operating under the provisions of this contract, shall be
reduced to writing by the principal of the Consultant or the
City Manager/Executive Di rector. A COPY of such documented
dispute shall be forwarded to both parties involved along with
recommended methods of resolution which would be of benefit to
both parties. The City Manager/Executive Director or
principal receiving the letter shall reply to the letter along
with a recommended method of resolution within ten (10) days.
If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be
forwarded to the City Council for their resolution through the
Office of the City Manager. The City Council may then opt to
consider the directed solution to the problem. In such cases,
the action of the City Council shall be binding upon the
parties involved, although nothing in this procedure shsll
prohibit the parties seeking remedies available to them at
law.
13; SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upsr
tendering thirty. (30) days written notitie to the other part;.
In the event of such suspension or termination, upon request
of the Commission, the Consultant shall assemble the work
product and put same in order For proper filing‘ and closl!l;
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and deliver said product to Commission. In the event of
termination, the Consultant shall be paid for work performed
to the termination date; however, the total shall not exceed
the lump sum fee payable under paragraph 4. The Commission
shall make the final determination as to the portions of tasks
completed and the compensation to be made.
14. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein
in Consultant’s own way as an independent contractor and in
pursuit of Consultant’s independent call ing, and not as an
employee of the City or Commission. Consultant shall be under
control of the City/Commission only as to the result to be
accomplished, but shall consult with the City/Commission as
provided for in the request for proposal. The Consultant is
an independent contractor of the Commission. The payment made
to the Consultant pursuant to the contract shall be the full
and complete compensation to which the Consultant is entitled.
The Commission shall not make any federal or state tau
withholdings on behalf of the Consultant. The City and/or
Commission shall. not be required to pay any workers’
compensation insurance on behalf of the Consultant. The
Consultant agrees to indemnify the Commission for any ta:*.,
retirement contribution, social securi’ty, overtime payment, 2r
workers’ compensation payment which the Commission may b=e
required to make on behalf of the Consultant or any employee
of the Consultant for work done under this agreement.
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The Consultant shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 and shall comply
with those requirements, including, but not limited to,
verifying the eligibility for employment of all agents,
employees, subcontractors and consultants that are included in
this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Consultant shall cause all drawings and specifications to
conform to al 1 applicable requirements of law: federal, ‘state
and local. Consultant shall provide all necessary supporting
documents, to be filed with any agencies whose approval is
necessary. The Commission will provide copies of the approved
plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
The Consultant shall make copies of any documents relating t,I
the conduct of the race available to the Commission. These
documents and plans are the property of the Consultant.
17. HOLD HARMLESS AGREEMENT
The City and&/or Commission, its officers, and employees sha’1
not be liable for any claims, .liabilities; penalties, fines,
or any damage to goods, properties, or effects of an,y person
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whatever, not for personal injuries or death caused by, or
claimed to have been caused by, or resulting from, any
intentional or negligent acts, errors or omission of
Consultant or Consultant’s agents, employees, or
representatives. Consultant agrees to defend, indemnify, and
save free and harmless the City/Commission and its officers
and employees against any of the foregoing liabilities or
claims of any kind and any cost and expense that is incurred
by the City/Commission on account of any of the foregoing
liabilities, including liabilities or claims by reason of
alleged defects in any plans and specifications.
18. ASSIGNMENT OF CONTRACT
.The Consultant shall not assign this contract or any part
thereof or any monies.due thereunder without the prior written
consent of the Commission.
19. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be
performed under this contract by the Consultant, Consultant
shall be fully responsible to the Commission for the acts and
omissions of Consultant’s subcontractor and of the persons
either directly or indirectly employed by the subcontractor,
as Consultant is for the acts and omissions of persons
directly employed by consultant. Nothing contained in this
contract shall create any contractual relationship between any
subcontracto’r of. Consultant and the Commission. The
Consultant shall bind every subcontractor and every
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subcontractor of a subcontractor by the terms of this contract
applicable to Consultant’s work unless specifically noted to
the contrary in the subcontract in question approved in
writing by the Commission.
20. PROHIBITED INTEREST
No official of the Commission who is authorized in such
capacity on behalf of the City Redevelopment Agency to
negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of this
agreement, shall become directly or indirectly i-nterested
personally in this contract or in any part thereof.’ No
officer or employee of the City Redevelopment Agency who is
authorized in such capacity and on behalf of the Commission to
exercise any executive, supervisory, or similar functions in
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract
or any part thereof.
21. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent,
or employee of the City or Commission, either before, during
or after the execution of this contract, shall affect or
modify any of the terms or obligations herein contained nor
entitle the Consultant to any additional payment whatsoever
under the terms. of this contract.
22. SUCCESSORS OR ASSIGNS
Su-bject to the provisions of.‘;.Paragraph 18, “Hold Harmless
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Agreement,” all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each
of their respective heirs, executors, administrators,
successors, and assigns.
23. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
24. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest Statement
with the City Clerk in accordance with the requirements of the
City of Carlsbad Conflict of Interest Code. The Consultant
shall report investments or interests in real property.
25. INSURANCE
The Consultant shall obtain and maintain policies of general
liability insurance, automobile liability insurance, and a
combined policy of worker’s compensation and employers
1 iabi 1 i ty insurance from an insurance company authorized to 30
business in the State of California which meets %he
requirements of City Counci 1 Resolution No. 90-96 in an
insurable amount of not less than one mill ion do1 lars
($l,OOO,OOO) each, unless a lower amount is approved by the
City Attorney or the City Manager/Executive Director. Thlr
insurance shall be in force during the life of this agreemen:
and shall not be canceled without thirty (30) days pr:o<
written notice to the Commission sent by certified mail. The
City/Commission shall be named. as an additional insured ~‘1’
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these policies. The Consultant shall furnish certificates of
insurance to the City/Commission before commencement of work.
26. EVENT NAME
City/Commission grants permission to Consultant to use
the name “CARLSBAD 5000 5K” for the event. This section
shall be without prejudice to whatever rights the
Consultant may have to the ownership of the race in
dealing with parties other than the Commission, It is
not the intention of the Consultant to conduct the race
in any other City other than Carlsbad, without the
approval of the City/Commission. It is not the intention
of the.. Commission to conduct the race without the
Consultant. . .
Executed by Consultant this tf# day of p PPrl L-
,
CONSULTANT:
(name of Consultant)
(sign here) v
I ;mug MHRP~~
(print name here)
(title and organization of
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signatory)
CITY OF CARLSBAD,
Redevelopment Agency, a
municipal corporation of the
State of California
-Z-k$TlManager/ExecutYve
Director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
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(Proper notarial acknowledgment of execution by CONSULTANT must be
attached. 1
(President or vice-president and secretary or assistant secretary
must sign for corporations. If only one officer signs, the
corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to
bind the corporation. 1
APPROVED AS TO FORM:
VINCENT F. BIC’NDO, JR.
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c HOUSING AND REDEVELOPMENT COMMISSION
RESOLUTION NO. 188 1
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT WITH ELITE RACING, INC., AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY TO EXECUTE THE AGREEMENT.
Whereas, the Housing and Redevelopment Commission of
the City of Carlsbad desires to encourage activities that
promote tourism and increase visibility of the City
nationally;
Whereas, the Housing and Redevelopment Commission
desires to encourage activities that enhance economic health
and increase revenues to area businesses and thereby
increase municipal revenues;
Whereas, the Carlsbad 5000 5k Roadrace (aka.,
HomeFed Bank Carlsbad 5000 5k Roadrace) has continued to
increase in size and prestige in the athletic community
since 1986 and now garners National Media Coverage.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the
Housing and Redevelopment Commission of the City of
Carlsbad, Cal ifornia, as follows:
1. That the above recitations are true and correct.
2. That the agreement between the Houisng and
Redevelopment Commission and Elite Racing, Inc.,
to manage and direct the Carlsbad 5000 5k Roadrace
in a manner that will promote a positive image of
Carlsbad to a nationwide audience is attached as
EXHIBIT “2” and incorporated herein by reference,
is hereby approved.
3. That the Executive Director of the Carlsbad
Redevelopment Agency is authorized to execute the
agreement.
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PASSED, APPROVED, AND ADOPTED at a special meeting of
the Housing and Redevelpoment Commission of the City of
Carlsbad, California held on the 9th day of April ,
1991, by the following vote, to wit:
AYES: Commissioners Lewis, Larson and Nygaard
NOES : None
ABSENT : Commissioners Ku1
ATTEST :
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