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HomeMy WebLinkAbout1991-12-03; Housing & Redevelopment Commission; 194; San Diego MarathonHOUSING AND IX- EVELOPMENT COMMISSIO-0 AGENDA BILL &wQ .,,,.., ‘& I AB# )ci’t TITLE: MT& ik.- 3 -7 t DEPT.- AGREEMENT WlTH IN MOTION FOR THE SAN DIEGO MARATHON RECOMMENDED ACTION: 198 Adopt Resolution No. - approving the agreement with In Motion to manage and direct the 1991 San Diego Marathon in a manner which promotes a positive image of Carlsbad to a nationwide audience; and authorize the Executive Director of the Redevelopment Agency to execute the agreement; and appropriate $ 4 , 0 00 as a ONE TIME contribution from the Redevelopment Agency for the San Diego Marathon. ITEM EXPLANATION: This is the first San Diego Marathon to be conducted entirely within the City of Carlsbad and has attracted first class athletes from forty states and eleven countries, who have the potential to set new world records, a,nd 7,000 people are anticipated to participate in the San Diego Marathon. The race participants, their families and the spectators will be enjoying our beautiful community during the days surrounding the race and we are looking forward to hosting these visitors in 1991 and for many years to come. The 1991 San Diego Marathon has been expanded to include a half marathon, a fun walk, jazzercise marathon super-session, as well as charity sponsorship activities for each mile along the course. The start and finish line will be located at the southwestern corner of the parking lot at Plaza Camino Real Mall. The San Diego Marathon is televised nationally and promotes tourism in Carlsbad. Media coverage also includes national coverage in newspapers, magazines, television and on cable networks. The promotional activities result in a direct financial benefit to the economic health of local businesses and increases municipal revenues through sales and transient occupancy taxes, Staff has prepared an agreement clarifying the obligations of In Motion and the City of Carlsbad Redevelopment Agency. FISCAL IMPACT: The 1991 agreement provides for a ONE TIME contribution from the City of Carlsbad Redevelopment Agency to In Motion in the amount of $4 ,000 . Funding for a contribution to the 1991 San Diego Marathon has not yet been appropriated. Funding can be made available from the Redevelopment Agency Unappropriated Fund Balance Account and transferred into account 81 o-820-341 O-2479 for this purpose. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 198, approving an agreement with In Motion; and authorizing the Executive Director to execute the agreement and appropriate a one time contribution from the Redevelopment Agency in the amount of $ 4 ,000 for the 1991 San Diego Marathon. 2. Agreement 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 198 A RESOLUTION OF TEE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH IN MOTION AND AUTHORI2ING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE THE AGREEMENT. Whereas, the Housing and Redevelopment Commission of the City of Carlsbad encourages activities that promote tourism and increase visibility of the our community nationally; and Whereas, the Housing and Redevelopment Commission encourages activities that enhance the economic health and increase revenues to local businesses and thereby increasing municipal revenues via sales and transient occupancy taxes; and Whereas, the San Diego Marathon will be conducted in the City of Carlsbad on Sunday, December 8, 1991; and Whereas, the San Diego Marathon is highly regarded within the athletic community and now garners National Media Coverage; and Whereas, the 1991 San Diego Marathon is expected to draw 7,000 participants from forty states and eleven countries. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the agreement between the Housing and Redevelopment Commission and In Motion to manage and direct the San Diego Marathon 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. 4. That a one time contribution of $ 4,000 will be appropriated from the Redevelopment Agency Unappropriated Fund Balance Account into 810-820- 3410-2479 for the 1991 San Diego Marathon. PASSED, APPROVED, AND ADOPTED by the Housing and Redevelopment Commission of the City of Carlsbad, California on 3rd day of December , 1991, by the following vote, to wit: AYES: Commissioners Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: AGREEMENT EXHIBIT 2 The parties to this agreement are the City of Carlsbad Housing and Redevelopment Agency, a municipal corporation, hereinafter referred to as Commission’ and In Motion, Inc., a California corporation hereinafter referred to as ‘Consultanr. RECITALS Purpose and Intent: Commission and Consultant wish to conduct a special event hereafter known as the San Diego Marathon (SDM) which will require the use of public right of way, City services and personnel. In order to properly conduct such an event, Commission and Consultant wish to enter into an agreement for the operation, administration and permitting for the event The parties therefore agree as follows: CONSULTANT OSUGATIONS: A. Consultant shall create and conduct the San Diego Marathon to be held within the City of Carlsbad. The event will be held on the second Sunday in December in the year 1991. Alterations to the event routes or dates will be by mutual agreement. 1. 2. 3. 4. Create and conduct the race in a manner that promotes and maintains a positive image of the City of Carlsbad. Promote the race in such a manner as to increase the number of participants and spectators vislting the Village Redevelopment Area Comply with all condiiions of the City of Carfsbad Special Event Permit. Provide the Carlsbad Redevelopment Agency with demographic statistical data from information obtained from race entry forms of all race participants including demographics, and occupation, prior to receiving any Redevelopment Agency contribution. This information shall be available within 30 days following the event. 5. 6. Pay for applicable city services prior to receiving the Carfsbad Redevelopment Agency contribution. Meet with Carlsbad Redevelopment Agency, City Manager and other city representatives B. C. on a regular, mutualty agreed upon schedule to report on progress of the event. 7. Include official City of Carlsbad logo in all appropriate promotional pieces’ and print advertising. COMMISSION OBLIGATIONS: 1. Coordinate with Mayor, City Council, City Manager and Housing and Redevelopment staff for press conferences, interviews, sponsors receptions, VIP Brunch and any other activities requiring city representation. 2. Coordinate with applicable city departments to create and maintain the highest standards possible for the event. FEES TO BE PAID TO CONSULTANT D. 1. Upon confirmation of Consultants performance in compliance with items Al -A6, or within thirty (30) days after the events, the Carlsbad Redevelopment Agency will provide a cash contribution to the race in the amount of $ 4 ,000 . CHANGES OF WORK if, in the cours8 of the contract, changes are requested by Cons&ant or the Commission, or its Executive Director 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 Carlsbad RMkWeiOpm8nt Agency and may be approved by the Commission, or its Executive Director at its discretion, according to the procedures described in Carisbad Municipal Code Section 3.28.172 2 E. PROGRESS AND COMPLETION All race 8vents including clean-up must b8 completed by 6:OO p.m. December 8, 1991. All streets shall Ct8ar8d by 1 :OO p.m. F. FINAL SUBMISSION Within thirty (30) days of completion of the race, the Consultant shall deliver to the Commission proof of compliance with current terms and assurance of compliance with terms listed in Section A Contractor Obligations. G. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employ88 working for the Consultant, to solicit or s8cure 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, of 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 agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise mcwef, the full amount of such fee, commission percentage, brokerage fees, gift, or contingent fee. H. NONDISCRIMINATION CLAUSE The Consultant shall comply with all State and Federal Laws regarding nondiscrimination. I. TERMINATION OF CONTRACT This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of termination the Consuftant shall be paid for work performed to the date of termination, however, the total shall not exceed the payable lump sum fee payable under Section C Fe8S To Be Paid To The Consultant. The Commission shall make the final determination after the portions of tasks completed and compensation to b8 made. In the 8v8nt 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 3 nonperformance by notifying the consultant by certified mail of the termination of the contract. J. DISPUTES lf a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any questions of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as 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 ManagerExecutlve Director. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefn to both parties. The City Manager/Executive Director or principal receiving the letter shall reply to the letter along with r8COmm8nd8d method of resolution within ten (10) days. ff the resolution thus obtained is unsatisfactory to the aggrieved patty, a letter outlining the dispute’shall be forwarded to the Commission for their resolution through the Office of the Clty Manager. The Commission may then opt to consider the directed solution to the problem. In such cases, the action of the Commission shall be binding upon the parties involved, although nothing in this procedure shall prohiblt the parties seeking remedies available t0 them at law. u STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in consuttant’s own way as an independent Consultant and in pursuit of Consultant’s independent calling, and not as an employ88 of the City or Commission. Consultant shall be under control of the Commission only as to the result to b8 accomplished, but shall consult with the Commission as provided for in this agreement. The payment mad8 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 stat8 withholdings on behalf of the consultant. The City and Commission shall not be required to pay any 4 workers compensation insurance on behalf of the Consultant. The consultant agrees to indemnify the Commission for any tax retirement contribution, social security, overtime payment, workers’ compensation payment which the Commission may require to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. L M. 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 the agreement. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and Sp8tSCatlOnS to conform to all 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. OWNERSHIP OF DOCUMENTS Th8 Consultant shall make copies of any documents relating to the conduct of the race available to the Commission. These documents and plans are the property of the Consultant. N. HOLD HARMLESS AGREEMENT The City and/or Commission, its officers, and employees shall not be liable for any claims, liabilities, p8naltkS, fines, or any damage to goods, properties, or efkts of any person whatever, not for personal injuries or death caused by, or claimed to have been caused by, or reSiultfng from, any intentional or negligent acts, errors or omission of Consultant or Consultant’s agents, employees, or repres8ntatlves. 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 5 0. P. R. expenses that isjncurred by the City/Commission on account of any of the foregoing IiabiliMs, including liabilities or claims by reason of alleged defects. ASSIGNMENT OF CONTRACT m8 Consultant shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the Commission. 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 consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the Commission. me Consultant shall bind every subcontractor and every 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 questions approved in writing by the Commission. Q. PROHIBITED INTEREST No official of the Commission who is authorized in such capacity on behalf of the Carfsbad Red8v8lOpm8nt Agency to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the Cartsbad R8d8velopment Ag8ncy who is author&d in such capacity and on behatf 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 persona@ in this contract or any part th8r8Of. VERBAL AGREEMENT OR CONVERSATlON 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 6 S. additional payment whatsoever under the terms of this contract. SUCCESSORS OR ASSIGNS Subject to the provisions, ‘Hold Harmless 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. T. EFFEClIVE DATE U. V. This agreement shall be effective on and from the date signed by all parties. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest statement with the Clty Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Consultant shall report investments or interest in real property. 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 liability insurance from an insurance company authorized to do business in the State of California which meets the requirements of City Council resolution No. 96-96 in an insurable amount of not less than one million dollars ($1 ,006,WO) each, unless a lower amount is approved by the City Attorney or the City Manager/Executive Director. Th8 Certificate of Insurance should indicate coverage for the charity sponsorship activiiies as well as events directly associated with the San Diego Marathon or Other insurance for those activiiies shall be required. This insurance shall b8 in force during the life of this agreement and shall not b8 canceled without thirty (30) days prior written notice to the Commission sent by Certified mail. The City/Commission shall be named as an additional insured on these policies. The Consultant shall furnish CertiflCat8S of insurance to the C%y/Commission befOr8 COmm8nC8merIt of Work. 7 . . Executed by Consultant this CONSULTAM: (Name of COmpany) day of 0 19,. CITY OF CARLSBAD Redevelopment Agency, a municipal corporation of the state of California (Address) (Sign Here) (Print Name Here) By: City Manager/Executive Director Attest: Cii Clerk APPROVED AS TO FORM: City Attorney 8