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HomeMy WebLinkAboutR05-RDA Item ~~, v '-' AGENDA ITEM INFORMATiON SUMMARY ,e GENERAL INFORMATION: 6ubjec:LJb1- C,Rc,V PI Author \\\"....\)kl~~, Ward no Q. pIUject Area Goo IlucIg8tAulhority, k ~< ~ ~ ADA MANAGEMENT REVIEW: ~~ ~ ~ Dode ~!7lto {; /'7 I AdmilIIhlIve Deputr ~iSuFlruIIM CITY DEPARTMENTAL REVIEW: Da.. c By Dept. Dept. By CommlGH CommllslonlCouncil Ri~ 08ln ~ /.; .....ing 0.. (p /1 Funding Requlrllmenls .$ , I D . 600 . (P/l~ fa/If(, . CLEARANCES: Yea HI" Dale 'j,!f-I' -"J - "j() 10 o ~ o '11'1~ City AdmIniatraIllr RDA CDmmlttHlfICOIfImendatlon INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES: Sent to Mayor'. Office CouncIl Ward Council Ward Council Ward Council Ward Department Department By Date COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the aummary, such as controversial Issues, time constraints and funding complications. Indicate dates when C action muat be taken. ~ S RDA -174 REV. 6-29-89 ""./ . . Redevelopment Agency · City of San Bernardino 300 Ncr1h "D" S1Ieel, Fourth FJoor . San BemanIino, CoIifomia 92418 (714) 384-S081 FAX (714) 888-9413 PrIde ., \:7 JUNE 11, 1990 TRANSIENT OCCUPANCY TAX - SAN BERNARDINO CONVENTION AND VISITORS BUREAU Svnopsls of PrevIous CommIssIon/CouncIl/CommIttee ActIon: 06/07/90 The Redevelopment CommIttee recommended the Item be forwarded to the CommunIty Development CommIssIon. Recommended MotIon: (COMMUNITY DEVELOPMENT COMMISSION) c That the CommIssIon approve the attached Agreement wIth the San BernardIno ConventIon and VIsItors Bureau and allocate a budget Increase of $110,000. Respectfully SubmItted, A Ing ExecutIve DIrector SupportIng data attached: FundIng RequIrements: YES $110.000 Hard: All Project: All CommIssIon Notes: RJT:ND:mv:5l58R Agenda of: Item No. ,...... "- ~ "- c ,..- ~ .,- '""" ....) S T A F F R E P 0 R T It Is requested that the Committee consider forwarding the attached Agreement with the San Bernardino Convention and Visitors Bureau to the Commission for approval, as well as allocate the necessary funding for a one year period. BACKGROUND The San Bernardino Convention and Visitors Bureau ("SBCVB") was formed In January, 1989 for the purpose of creating visitor support services to Increase tourist and convention activities in the City of San Bernardino. SBCVB has' approached the Agency with a request for assistance In overcoming a shortfall In their projected 1990-91 budget. It Is anticipated that the Transient Occupancy Tax ("TOT") will be ral sed from 81 to 101, and the .extra 21 will be dedicated to SBCVB. This will raise approximately $320,000. SBCVB has budgeted for $441,503, leaving a shortfall of $121,503. Memberships and other In-kind revenue earnings will make up approximately $15,000 of the' shortfall, with the remaining being picked up by the Agency. Staff has' proposed the Agency contribute a cap of $110,000 to SBCVB for a one year period. It Is understood that the allotted funds may be drawn effective as of the date of the Agreement. The anticipated Increase of the TOT taxes will not be available to SBCVB until September, and funding from the Agency will be utilized to overcome the shortfall until funding from the TOT becomes available. In return, SBCVB will promote the City by attracting major events, launching an aggressive marketing program to attract tourism, and promoting the overall hospitality of the City. This Is expected to Increase visitor's expenditures at the retail level, as well as Increase room usage which directly affects the TOT. It Is, therefore, requested that the Committee recommend the attached Agreement be forwarded to the Commission for approval. RJT:ND:mv:5158R c r-. L. c '--' '"."'-"'~ AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. THIS AGREEMENT made and entered into this day of , 19 , by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN -- BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a publ1c agency, ("Agency"), and SAN BERNARDINO CONVENTION AND VISITORS BUREAU ("Bureau"): RECITAL 1. Purpose The purpose of this Agreement is to procure the services of the Bureau to develop a comprehensive program to coordinate, organize and/or sponsor , tourist and visitor support services including the establishment and operation of a marketing program to attract and increase the number of. visitors, tourist and convention activities in the City of San Bernardino. TERMS AND CONDITIONS 2. Mission 3. Agency hereby retains Bureau to concentrate its efforts in attracting professional conferences, conventions and business meetings to San Bernardino, to provide services such as convention lead referrals, and to develop and make available printed marketing materials to entice and increase the tourism and visitors business. Bureau hereby accepts such responsibility as described herein. Terms This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect through June 30, 1991 unless sooner terminated as provided herein. 4. Bureau Responsibilities Bureau shall complete the work program described in Attachment I. 5. Compensat ion For performance of such services, Agency will pay Bureau an amount not to exceed the sum of $110,000, which payment shall constitute full and complete compensation for Bureau's services under this Agreement. On or about 15 days prior to each calendar quarter, Bureau shall submit to Agency an invoice (on forms provided by the Agency) for Bureau's prospective expenses during the coming calendar quarter. Said invoice shall contain line item estimates in detail conforming to the program budget described in Attachment II. Invoices must receive approval of the Agency's Executive Director or his or her designee prior to Agency payment to the Bureau. Not later than 30 days following the close of each calendar quarter, as well as upon the termination of this Agreement, c c r \...... '-~ .,,,," 6. Bureau shall report on all funds received and expended by Bureau in the prior calendar quarter. The report shall be itemized in detail conforming to the program budget described in Attachment lIon forms provided by the Agency. Any unexpended funds received from Agency for said quarter shall be refunded at the time the report is filed. Right to Audit Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Bureau and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law. 7. Audit Exceptions Bureau agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying Agency the full amount of liability resulting from such audit exceptions. Independent Contractor 8. Bureau shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Agency or under Agency supervision or control. This Agreement is by and between Bureau and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Bureau. Successor and Assignment The services as contained herein are to be rendered by Bureau whose name is as appears first above written and said Bureau shall not assign nor transfer any interest in this Agreement without the prior written consent of Agency. 10. Indemnification 9. Bureau agrees to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Bureau's operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Bureau by any person pursuant to this Agreement. - ~.- ../ " c 11. Insurance Without limiting Bureau's indemnification of Agency, Bureau shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Executive Director of Agency or his or her designee within ten (10) days of the effective date of this Agreement. General Liability: A program including, but not limited to, comprehensive general liability including automobile coverage with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. c Workers' Com~ensation: A program including workers' compensation insurance, where necessary, with statutory limits. Failure on the part of Bureau to procure or maintain required insurance shall constitute a material breach of this Agreement upon which Agency may immediately terminate this Agreement. 12. Compliance with Laws The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. Non-Discrimination 13. In the fulfillment of the program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Bureau agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 14. Severability In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. c ~"""", ""'''''' .....~.;. 15. Interpretation <:: No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 16. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Bureau by Agency and contains all the covenants and agreements between the parties with respect to such retention. 17. Waiver No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 18. Contract Evaluation and Review The ongoing assessment and monitoring of this Agreement is the responsibility of Agency's Executive Director or his or her designee. 19. Termination c This Agreement may be terminated by either party by giving written notice at least five (5) days prior to the effective termination date in the written notice. 20. Not ice Notices, herein shall be presented in person or by certified or registered U. S. mail, as follows: To Bureau: Executive Director San Bernardino Convention and Visitor Bureau P.O. Box 920 San Bernardino, California 92402 Executive Director Redevelopment Agency of the City of San Bernardino 300 North "0" Street, Fourth Floor San Bernardino, California 92418 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. To Agency: c -'~.,., '-' -.,,/ , C 21. Entire Agreement This Agreement with attachments constitutes the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF~SAN BERNARDINO By: Executive Director SAN BERNARDINO CONVENTION AND VISITORS BUREAU By: Title: Approved as to form and legal content: 1""'"' '- Approved as to program: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BY'~ lsonan r 5l58R I""'" ,-. c c r '- ."-' "'" .....,I ATTACHMENT I WORK PROGRAM 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 and work to enhance the public's image of the community. During the term of this contract, the SBCVB agrees to perform the following: I. CONVENTIONS, CONFERENCES, TRADE SHOWS AND BUSINESS MEETINGS 1. Attend and participate in associations, events, trade shows and other opportunities to market San Bernardino's convention and meeting facilities. 2. Provide one professional sales management person and support staff to solicit, seek out, qualify and distribute, to the appropriate hotel sales staff and management, convention and meeting sales leads equal to 5,000 room nights. 3. Establish a computerized office system to monitor sales leads, coordinate correspondence and provide timely background information to qualified meeting planners. 4. Advertise in appropriate media to reach meeting planners and decision makers. 5. Develop and host at least one familiarization tour of San Bernardino's facilities for approximately ten planners and decision makers. 6. Provide professional development for staff through courses provided by the International Association of Convention and Visitors Bureau. II. GROUP TOURS 1. Provide one full time professional sales management person and support staff to seek out group tour sales leads equal to 5,250 room nights. 2. Participate in national and regional tour and travel associations. 3. Develop tour packages in association with area wide attractions to produce room nights in local lodging facilities. 4. Obtain and utilize a specialized software program to file, track and organize sales leads including follow up, call backs and mai lings. . c c r '-' ,,-""''-. .......,' ........-i 5. Advertising in tour and travel media including travel journals oriented to tour wholesalers and packagers and including limited appropriate co-op advertisements with major activities and events. 6. Develop and host at least one familiarization tour in connection with the Renaissance Faire, National Orange Show, San Bernardino Spirit and other simultaneous area attractions. 7. Provide professional development for staff through courses provided by the International Association of Convention and Visitors Bureau and the National Tour Association. III. CONVENTION!MEETING SERVICES I. Develop and support spousal programs in and around the San Bernardino area. 2. Coordinate facilities, housing, restaurants and services to match' each organization's needs. 3. Identify sources of promotional materials and programs wh~n requested and appropriate. 4. Promote increased visitor spending in San Bernardino in connection with major events in the surrounding area by coordinating and marketing simultaneous activities. 5. Evaluate and consider the implementation of a hospitality training and development program for hotel, restaurant and service industry employees. IV. MARKETING, PUBLIC RELATIONS AND PROMOTIONS 1. Conduct a comprehensive sales, marketing, public relations and service program, within budgetary constraints, which enhances the public's image of San Bernardino and the surrounding area and attracts a maximum number of conventions, meetings and visitors. 2. Publish an Official Visitors Guide highlighting the area's attractions, accommodations, restaurants, cultural activities and other related services. 3. Keep all elements of the local community informed of the value of travel and tourism to the economy of the area and the role SBCVB plays in developing this resource. 4. Develop and utilize media relationships to market San Bernardino in: a) convention and meeting trade publications; b) tourism and travel publications; and c) general distribution media. t c c - 1 ......... ....... ......,. .....) 5. Produce and distribute informational pieces promoting San Bernardino activity, attractions and facilities. 6. Develop and produce video and slide presentations in cooperation with the cable access television department to market both the attraction of conventions and the development of group tour business in San Bernardino. 7. Create and carry out two special events in cooperation with co-sponsers to increase visitor expenditures in San Bernardino and to enhance the public image of the community. V. ADMINISTRATION/ORGANIZATION 1. Formulate an effective marketing plan with specific implementation strategies to accomplish the Bureau's objectives. 2. Hold regular board meetings (approximately 10 per year) to report' on Bureau activities and to provide oversight of the Bureau's operations. 3. Hold a board retreat to develop goals and objectives for the fiscal year 1992. 4. Hold an annual meeting in June, 1991, and transact business as provided in the Bureau's by-laws. 5. Continue to develop the business member base to expand the involvement of the business community. 6. Hold quarterly membership meetings to inform members of the Bureau programs and to provide members networking opportunities. 7. Establish a permanent office for Bureau activities including office equipment, furniture and appropriate support services (janitorial, secretarial, etc.). 8. Prepare and submit quarterly: financial statements supporting the Bureau expenditures; a progress report by the Executive Director on the Bureau's activity for presentation to the Commission and Council; a review of and any recommendations for changes in program objectives. 9. Develop a performance based budget request for fiscal year 1992 that provides specific details sufficient to justify and understand each of its proposals and that includes all revenues available to the Bureau. 10. Promote and recognize volunteer and member support for Bureau activities. 11. Provide a copy of all meeting notices, agenda materials, meeting minutes, marketing and other materials produced or distributed by the Bureau. /_.."", - '-' '-' , c 12. Coordinate programs with other local agencies and organizations having related economic or tourism development missions and, wherever practical, assist their efforts so as to amplify the SBCVB's own programs. c c r' -" - '-' , ATTACHMENT II C SAN BERNARDINO CONVENTION & VISITORS BUREAU PROPOSED BUDGET POR FISCAL YEAR 1990-91 (Prepared by DavId 0 1IcIrUlr, Cllaltall4 fIl LIIe lIoard. SIlCVIlI '.jUD-1O EXPENDITURES 1990-91 I SALARIES UlmrOTAL 0147,1001 ~ BMPLOYES BBNBFI'I'S Unl, . Retirement) tart October I L!tm.tot AL GENERAL ADMINIS'I'RATIVE ~~1301 . S,rv!ce. hone Inc:ludln lit Yr i . SUB1'O'[AL 1139.7731 , .""' ....' ......,.1 . c PA.GE 2 I 1990-91 I MARUrING AND PROMOTIONS Pbot ntl I StJB1:2I6J. (TOT AL c::::ID 0.500 I . U-c.u.,o31 CUVBNUBS I TOT AL '."1.5031 eNOl. em Ett.1matt or Tranaltnt Occupancy TII, 1990-91 19119-9 111 1 466 70 ........