HomeMy WebLinkAbout2000-303
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RESOLUTION NO. 2000-303
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO
CONVENTION AND VISITORS BUREAU, AND RESCINDING RESOLUTION 90-315.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECITON 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Memorandum of Understanding with the San
Bernardino Convention and Visitors Bureau, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. Resolution 90-315 is hereby rescinded.
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2000-303
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE SAN BERNARDINO
CONVENTION AND VISITORS BUREAU, AND RESCINDING RESOLUTION 90-315.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the
2nddayof October , 2000, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
MC GINNIS x
SCHNETZ x
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SUAREZ x
ANDERSON x
MC CAMMACK x
~_ hJ~~
20 The foregoing resolution is hereby approved this 41Yt
2000.
day of October
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Approved as to
25 Form and legal content:
'_t!.t!L~
d th Valles, Mayor
Cit of San Bernardino
~.
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"
,
2000-303
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into on and as ofthe4Tfl D'1 OF Ccmeef.,
2000, by and between the Board of Directors (the "Board") of the San Bernardino Convention
and Visitors Bureau, a California non-profit mutual benefit corporation (the "CVB") and the City
of San Bernardino, a Municipal Corporation (the "City").
WHEREAS, the CVB is a California non-profit mutual benefit corporation which
operates under the following mission statement (the "Mission Statement"):
"The San Bernardino Convention & Visitors Bureau (SBCVB) shall
attract conventions, conferences, and business meetings; coordinate facilities,
housing restaurants, and services to meet each organization's needs, and work to
bring these visitors back to San Bernardino in the future; attract group tours to
San Bernardino; provide aggressive marketing and promotions; and develop and
implement special events that generate days and dollars spent in San Bernardino
while working to enhance the general public's image of the community."; and
WHEREAS, the CVB receives a substantial portion of its annual resources from City
General Fund revenues, including transient occupancy taxes imposed on guests of the various
hotels and motels in the City of San Bernardino; and
WHEREAS, the CVB currently receives a portion of its annual resources from the dues
and contributions of its members, some of which members are engaged in lodging, hospitality
and related industries in the City of San Bernardino; and
WHEREAS, on February 3, 1998, the voters of the City of San Bernardino approved
Ballot Measure W, which resulted in the addition of Chapter 3.54 to the San Bernardino
Municipal Code, providing for a ten percent (10%) Transient Occupancy Tax (the "Transient
Occupancy Tax") against amounts paid for room rental in a hotel within the City of San
Bernardino; and
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2000-303
WHEREAS, the City finds that the activities of the CVB directly and positively impact
the amount of Transient Occupancy Tax collected by the City; and
WHEREAS, in order to promote the activities of the CVB and to continue to enhance the
economy of the City of San Bernardino, the Board and the City now desire to enter into this
MOU for the purpose of providing for (a) an annual source of revenue to the CVB, which is
directly tied to the amount of Transient Occupancy Tax collected by the City, and (b)
involvement of the Executive Director of the CVB (the "Executive Director"), within the scope
of the Mission Statement, along with integral participation by the City Administrator of the City
(the "City Administrator"), in the coordinating, planning, budgeting and implementing the fiscal
activities of the CVB, thereby increasing the involvement of the CVB in economic development
activities within the City.
NOW, THEREFORE, in consideration of the above recitals, and of the agreements and
undertakings set forth herein, the Board and the City agree as follows:
I. The Board shall provide, or shall instruct the Executive Director to provide, notice to
the City Administrator of the City of each and every meeting of the Board. Such notice shall be
provided in the same manner and at the same time as such notice is provided to the members of
the Board. In addition, the Board shall provide, or shall instruct the Executive Director to
provide to the City Administrator, such materials as are provided to the Board in advance of
meetings of the Board and at the same time as they are delivered to members of the Board. The
City Administrator shall, through periodic status reports, inform the Mayor and Common
Council of the City of all material business activities of the CVB related to overall operations of
the City.
2. The Board shall provide, or cause the Executive Director to provide, the same notices
and materials referenced in Section I to the person designated by the Mayor as the Mayor's
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Liaison (the "Mayor's Liaison"). The Mayor's Liaison shall participate in all meetings of the
CVB Board of Directors as a non-voting member in order to provide a vital link in marketing
communication between the Mayor's Office and the CVB.
3. On a regular basis, the Executive Director shall inform the City Administrator of and
consult with the City Administrator regarding to the activities of the CVB. The Board shall
instruct the Executive Director to permit the City Administrator or his designee access to all files
and records maintained by the CVB. The City Administrator shall be entitled and encouraged to
attend all meetings of the Board. The Board shall instruct the Executive Director to make
reasonable efforts (taking into consideration the other demands placed on the schedule of the
Executive Director) to attend (with the City Administrator) such meetings as the City
Administrator may request including from time to time (including City Management Team
meetings and marketing meetings), provided such meetings are within the scope of the Mission
Statement.
4. On or before May I of each year, the Board shall provide the City Administrator a
copy of the proposed budget of the CVB, which shall (a) list by line item each category of
expenditure and dollar amount anticipated for the next succeeding fiscal year, and (b) estimate
the revenue sources available to the CVB from other than City sources. At that time, the Board
shall also provide the City Administrator with a copy of the audit report for the most recently
completed annual financial audit ofthe CVB.
5. The Board shall keep the City Administrator fully advised of all business activities of
the CVB. The Board and the City Administrator shall take such other actions as they may deem
reasonable and proper to accomplish their mutual goal to foster economic development within
the City of San Bernardino and to establish a mutually cooperative working relationship between
the CVB and the City.
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2000-303
6. For Fiscal Year 2000-2001, the City has appropriated an amount of money equal to
$400,000 as funding for the CVB. Beginning in Fiscal Year 2001-2002, the City shall use its
best efforts to appropriate into its budget for each fiscal year (the "Fiscal Year") of the City, an
amount of money equal to twenty percent (20%) of the Transient Occupancy Tax which the City
has budgeted to collect during the applicable Fiscal Year, as funding for the CVB, in recognition
and support of the efforts of the CVB to promote the hospitality industry and encourage
economic development within the City of San Bernardino. The City further agrees to annually
evaluate the dollar amount of the appropriation in consideration of any growth in Transient
Occupancy Tax revenues and the accomplishments of the CVB, taking in to consideration the
goal of allocating twenty percent (20%) of the Transient Occupancy Tax to the CVB.
Notwithstanding the forgoing, the CVB and the City acknowledge that, by the City agreeing to
use its best efforts to make the aforementioned appropriation and annual evaluation, the City is
not incurring any specific obligation or indebtedness hereunder which would extend beyond any
Fiscal Year.
7. Within sixty (60) days following the execution of this MOU, the City Administrator
shall cause the City to advance to the CVB, in a lump sum, an amount of money equal the
budgeted appropriation for the CVB for Fiscal Year 2000-2001. Beginning in Fiscal Year 2001-
2002, the City Administrator shall cause the City to advance to the CVB an amount of money
equal to fifty percent (50%) of the budgeted appropriation for the CVB by September I of each
Fiscal Year, and an amount of money equal to fifty percent (50%) of the budgeted appropriation
for the CVB by March I of each fiscal year.
8. The City shall have no liability for the payment of any obligation incurred by the
CVB, irrespective ofthe City agreeing to fund the activities of the CVB as set forth in this MOU,
and all obligations of the CVB, whether for contract services, supplies, personnel costs or other
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contractual obligations, shall be solely the obligation of the CVB and shall not in any manner
obligate the City, directly or indirectly, to pay such obligations of the CVB. Furthermore, this
MOU, with the exception of Paragraph 9 and the provisions contained therein, may be
terminated at any time upon three (3) months written notice by either party.
9. In consideration of the City using its best efforts to appropriate into its budget for
Fiscal Year 2001-2002 an amount of money equal to twenty percent (20%) of the Transient
Occupancy Tax which the City has budgeted to collect during said Fiscal Year, as well as
consideration of any growth in said Tax revenues and the accomplishments of the CVB, all for
purposes of appropriation for Fiscal Year 2001-2002, CVB hereby agrees, promises, and
covenants that all future Route 66 Rendezvous events, as this event has grown and become
known for the past eleven (II) years, will be conducted solely in the City of San Bernardino, in
further recognition of the importance of this event to the City of San Bernardino. This
agreement, promise, and covenant relative to the location of all future Route 66 Rendezvous
events shall be binding on the CVB, its representatives, agents, successors, and assigns.
Notwithstanding the termination provision in Paragraph 8, the terms and provisions of this
Paragraph can only be modified and/or terminated upon the mutual written consent of both
parties.
10. The CVB shall indemnify, defend and hold harmless the City, its officers, employees
and agents (including, without limitation, reasonable costs of defense and reasonable attorneys'
fees) arising out of or related to the CVB's performance of this MOU, except that such duty to
indemnify, defend and hold harmless shall not apply where injury to person or property is caused
by the City's willful misconduct or negligence. The City shall indemnify, defend and hold
harmless the CVB, its officers, employees and agents (including, without limitation, reasonable
costs of defense and reasonable attorney's fees) arising out of or related to the City's
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performance of this MOU, except that such duty to indemnify, defend and hold harmless shall
not apply where injury to person or property is caused by the willful misconduct or negligence of
the CVB. The costs, salary, and expenses of the City Attorney and members of his office in
enforcing this MOU on behalf of CITY shall be considered as "attorneys' fees" for the purposes
ofthis paragraph.
II. While not restricting or limiting the foregoing, the CVB shall maintain in effect
policies of comprehensive public, general and automobile liability insurance, in the amount of
$1,000,000.00 combined single limit, and statutory Worker's compensation coverage, and shall
file copies of said policies with the Risk Manager of the City prior to undertaking any work
under this MOU. The City shall be set forth as an additional named insured in each policy of
insurance provided hereunder. The Certificate of Insurance furnished to the City shall require
the insurer to notify the City of any change in or termination of the policy.
12. The parties acknowledge that the CVB shall perform work tasks as provided by this
MOU; however, for all intents and purposes, the CVB shall be an independent contractor and not
an agent or employee of the City.
13. In the performance of this MOU and in the hiring and recruitment of employees and
independent contractors, the CVB shall comply with all State and federal tax laws, shall not
discriminate unlawfully on the basis of race, religion, color, ethnic group identification, sex, age,
physical or mental disability and shall not discriminate unlawfully against any employee or
independent contractor for employment because of race, religion, color, ethnic group
identification, sex, age, physical or mental disability.
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14. Any notice to be given under this MOU shall be deposited with the United Postal
Services, postage prepaid and addressed as follows:
TO THE CITY:
TO THE CVB:
City Administrator's Office
300 North "D" Street
San Bernardino, CA 92418
Facsimile (909) 384-5138
San Bernardino Convention
and Visitors Bureau
201 N. E Street, Suite 103
San Bernardino, CA 92401-1507
Attn: Executive Director
Facsimile (909)888-5998
Notice may also be given by facsimile during regular business hours to the numbers listed above,
and such notice shall be deemed given upon receipt as reflected in a transmission verification.
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and
date first above written.
Date: 10 III I GO ,2000 d
I t
Date:
\OA--e:o
,2000
ATTEST:
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Rachel ark, City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
By:
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By:
~
B" ~ru:I~. 0... ) '
c.~/L~
les, Mayor
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