Loading...
HomeMy WebLinkAbout20-City Administrator CITY ~F SAN BERNARDIN~ - RE UEST FOR COUNCIL ACTION From: Shauna Edwins city Administrator Oept: Administrator D8tlI: July 23, 1990 Subject: Agreement between the City and the San Bernardino Convention and Visitors Bureau to provide the sum of $286 ,000 for Fiscal Year 1990-91. Synopsis of Pnlvious Council action: July 16, 1990 -- Resolution number 90-315 adopted stating the intent of the Mayor and Common Council to use twenty percent (20%) of TOT revenues for the San Bernardino Visitors & Convention Bureau (SBCVB). August 21, 1989 -- Resolution No. 89-318 adopted providing the sum of $100,000 for Fiscal Year 1989-90. Recommended motion: Adopt Resolution. 4tJL Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $286 ,000 Source: (Acct. No.) 001-091-53658 Acct.Oeseri tion San Bernardino Convention & Visitors Bureau Finance: Council Notes: 75-0262 Agenda Item No ~ 0 CITY F SAN BERNARDINe . RE :JEST FOR COUNCIL .4CTION STAFF REPORT Resolution No. 90-315 was adopted on July 16, 1990 which stated the intent of the Mayor and Common Council to use twenty percent (20%) of TOT revenues for the San Bernardino Visitors and Convention Bureau. (SBCVB) The attached agreement specifies the terms relative to the payment schedule of these funds as well as other items and conditions relating to the Bureau's activities for the upcoming year. with respect to payment terms, the Finance Director indicated that twenty percent of projected TOT revenues for FY 1990-91 will be $286,000. The payments are proposed to be paid monthly with the first payment scheduled for October 1, 1990, in the amount of $26,000. This figure was based on the average monthly collection of an additional 2% (from 8% to 10%) of TOT revenues. Since the final computation of 20% of TOT revenues will not be made until July 1991, the agreement states that the final payment will be adjusted to ensure that no more or less than 2 % of FY 1990-91 TOT revenues are paid to the SBCVB. ED WILSON ssistant City Administrator FAWjmd 75-0264 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY 3 SHALL PROVIDE THE BUREAU THE SUM OF $286,000 OVER THE TERM OF THIS AGREEMENT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City an agreement with the San Bernardino Convention and 9 Visitors Bureau whereby the City agrees over the term of this 10 agreement to provide the San Bernardino Convention and Visitors Bureau the sum of two hundred and sixty thousand dollars ($260,000) A copy of said agreement is attached hereto marked Exhibit "A" and incorporated herein by this reference as fully as though set forth at length. SECTION 2. This Agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the Agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at meeting thereof, held on the a day of , 1990, by the following vote, to wit: 07/23/90 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 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEW -T BETV "':N THE CITY OF SAN BERNAR[ 0 AND THE SAN BERNARDINO CON.~NTION ..AD VISITORS BUREAU WHERE Thi: CITY SHALL PROVIDE THE BUREAU THE SUM OF $286,000 OVER THE TERM OF THIS AGREEMENT. 1 2 3 Council Members: AYES NAYS ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER ABSTAIN The City Clerk foregoing resolution is hereby day of , 1990. approved this W. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: ~~ ) f~ o 07/23/90 -2- 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 A G R E E MEN T THIS AGREEMENT entered into as of this day of , 1990, by and between the CITY OF SAN BERNARDINO, a Charter City ("city") and the SAN BERNARDINO CONVENTION AND VISITORS BUREAU, a mutual benefit non-profit corporation ("Bureau"): WIT N E SSE T H WHEREAS, the CITY OF SAN BERNARDINO has and is further developing facilities, hotels, restaurants and other services needed and appropriate for visitors to the Inland Empire; and WHEREAS, the CITY OF SAN BERNARDINO is in an ideal locat- ion for the attraction of visitors due to its proximity to the mountains, the desert, urban, financial and industrial centers and full service airports; and WHEREAS, the increase of visitors, conventions and tourism will inject substantial amounts of money into the local economy at very little additional cost and without adverse effects on the local environment or populace; and WHEREAS, such increase will result in significant increases in tax revenues to the City which will enable the City to provide and maintain necessary services to the residents of the City; and WHEREAS, Bureau is willing to develop a program to coordinate the existing facilities, sponsor tourist and visitor support services, and operate a marketing program, to increase visitor, convention visits to the City ; NOW, THEREFORE, the parties hereto agree as follows: 1. Over the term of this Agreement, City shall provide comprehensive organize or establish and tourist and 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 the Bureau the sum of twenty percent (20%) of the revenues collected from the Transient Occupancy Tax during Fiscal Year 1990-91 which is projected at TWO HUNDRED AND EIGHTY SIX THOUSAND DOLLARS ($286,000) payable as follows: a. Twenty six thousand ($26,000) dollars shall be payable on October 4, 1990. b. Twenty six thousand ($26,000) dollars shall be payable monthly thereafter, on the first Thursday of the month through June 1991. The final payment will be made on or before July 31, 1991 based on the balance of revenues collected from the Transient Occupancy Tax during Fiscal Year 1990-91 to ensure that the sum of twenty percent (20%) of the revenues collected is paid to the Bureau. 2. Bureau shall use its best efforts to increase visitor and convention business in the city by doing the following: a. Coordinate the various visitor-related services currently available in the City such as hotels, motels, restaurants and other needed services. b. Solicit, coordinate and fOllow-up convention lead referrals. c. Research, develop and distribute visitor packets and badges. d. Research, develop and distribute visitor guides to San Bernardino and surrounding attractions. e. Provide registration assistance including personnel (volunteer or otherwise), typewriters, etc. f. Research, develop and distribute area maps. g. Establish an event and hotel booking and housing bureau. h. Coordinate with the visitor-related services 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 relative to when conventions are booked and how many visitors are anticipated. i. Coordinate additional excursions and activities for visitors. j. Develop and implement a program to encourage repeat visitors. k. Review and evaluate each conference held in the City to determine where improved services can be provided. 1. Complete the work program described in Attachment I 3. Bureau shall provide quarterly written reports to the Mayor and Common Council of the City outlining activity, accomplishments, results and expenditures no later than September 30, 1990, December 31, 1990, March 31, 1991 and June 30, 1991. Bureau shall also provide a copy of its proposed annual budget to the City Administrator for review in advance of final approval. 4. City 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 program 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. 5. 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 City the full amount of liability resulting from such audit exceptions. 6. The term of this Agreement shall be from the 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 effective date hereof to and including June 30, 1991. 7. For all intents and purposes, Bureau shall be considered as an independent contractor and is not and shall not be considered as a department, agency or arm of the city. 8. Bureau agrees to hold harmless, indemnify and defend City, its officers, agents and employees from any claims or suits that may be brought by third persons on account of personal injury, death, or damage to property, or a property, business or personal interest, arising from any negligent act or omission by Bureau while performing services under this agreement. 9. During the term of this Agreement, Bureau shall maintain in effect public liability and property damage insurance in the amount of $1,000,000 combined single limit naming the City, its officers, agents and employees as additional insured. 10. Any notices to be given under this be deposited with the United States Postal prepared and addressed as follows: Agreement shall Service postage CITY BUREAU City Administrator 300 North "D" Street San Bernardino, CA 92418 San Bernardino Convention and Visitors Bureau P. o. Box 920 San Bernardino, Ca 92402 Nothing in this paragraph shall be construed to prevent the giving of such notice by personal service. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 11. This agreement may be terminated by either party by 1 giving written notice at least (30) days prior to the effective 2 termination date in the written notice. 12. Should future circumstances so demand in the sole discretion of the Mayor and Common Council, the above allocation may be adjusted or terminated in whole or in part. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day and date first above shown. CITY OF SAN BERNARDINO W. R. Holcomb, Mayor ATTEST: City Clerk San Bernardino Convention and Visitors Bureau By: By: Approved as to form and and legal content: JAMES F. PENMAN City Attorney ATTACHMENT I WORK PROGRAM The San Bernardino Convention & Visitors Bureau (SBCfB) 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 Sa~ 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 and organize sales mail ings. a specialized software program to file, track leads including follow up, call backs and ./ 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 1. 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 when 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. 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. 12. Coordinate programs with other local agencies and organizations having related econoaic or tourism development missions and, wherever practical, assist their efforts so as to amplify the SBCVB's own programs. , ATTACHMENT II SAN BERNARDINO CONVENTION & VISITORS BUREAU PROPOSED BUDGET POR FISCAL YEAR 1990-91 fPrepaNCl by DIYld 0 JIDner, CllaIraaa fIlw IIoard. SBCVB' '-Ja-IO EXPENDITURES SALARIES l 1990-91 I ~TOTAL . EMPLOYEE BENEFITs (Ins, & ReUrement) 01.7,1001 L...nmTOT ~ OENERAL ADMINISTRATIVE ~ . I .e eJaclOD' ) SUBTQIAL L..u.J9.7711 PAGE 2 I 1990-91 I MARKETING AND PROMOTIONS I n Phot ntl ) SUBlmAJ. trOT At REVENUEs . D.u~.500J '-'441.'031 lrOT AL I $441.503/ -Nate OIl &t1aw. or Tranalem ()Q;upmcy TII, 1990-91 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 RESOLUTION NO. 78-<3/.:5 RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE 3 INTENT OF THE MAYOR AND COMMON COUNCIL FOR THE USE OF TWENTY PERCENT OF THE REVENUES OF THE TRANSIENT OCCUPANCY TAX. WHEREAS, tourism is one of the largest industries in California, producing substantial jobs and the influx of billions of dollars into the economy of the State of California annually, and WHEREAS, the City of San Bernardino has previously recognized the importance of the tourism industry through the formation of the San Bernardino Convention and visitors Bureau ("CVB"), and WHEREAS, a properly funded CVB could substantially increase the share of the tourist dollars spent in the City of San Bernardino, thereby increasing sales and Transient Occupancy Tax revenues to the city of San Bernardino, and WHEREAS, the City of San Bernardino has, by Ordinance No. MC 732 , increased the Transient Occupancy Tax ("TOT") imposed on transients staying in the City from eight percent (8%) to Ten percent (10%), NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO that it is the intent of the Mayor and Common Council that Twenty percent (20%) of the revenues from the TOT should be provided to the CVB, pursuant to an Agreement setting forth goals and objectives, proposed expenditures and submission of activity reports and it is hereby so ordered. 27 I I! I I 281111! 06114/90 ~ 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 BE IT FURTHER RESOLVED that should future circumstances so demand in the sole discretion of the Mayor and Common Council the above allocation may be adjusted or terminated in whole or in part. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San /.0IL day of 1990, by the following vote, to Bernardino at a meeting thereof, held on the wit: Council Members AYES NAYS ABSTAIN ESTRADA / REILLY /' FLORES ..-/ MAUDSLEY ~ MINOR ,/ POPE-LUDLAM / MILLER .V c~~~4/~~/ 'city Clerk IIIII IIIII /1111 IIIII IIIII 06/14/90 -2- 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 RESOLUTION OF THE CITY OF SAN BERNARDINO STATING THE INTENT OF THE MAYOR AND COMMON COUNCI FOR TF USE OF TWENTY PERCENT OF S REVENUES OF THE TRANSIE~" OCCUPfiNCY TAX. day of The~regOing resolution is hereby ~f ,"". /7d approved this Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~1~ 06/14/90 -3- 1 2 3 4 10 11 12 RECEI\lED AUG llJ 1989 R~C'u.-A:~WI. OFF. IC~3 '''I' 2" <u',J tti.iiJ ~ A~ Q- n c RESOLtiTI6~~F THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF $100,000 OVER THE TERM OF THIS AGREEMENT. RESOLUTION NO. 89-318 t.nM'M . Of V . SVCS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 The Mayor of the City of San Bernardino is SECTION 1. 7 hereby authorized and directed to execute, on behalf of said City 8 an agreement with the San Bernardino convention and Visitors 9 Bureau whereby the City agrees over the ~erm of this agreement to provide the San Bernardino convention and Visitors Bureau the sum of one hundred thousand dollars ($100,000.00). A copy of said agreement is attached hereto marked Exhibit "A" and incorporated 13 14 herein by this reference as fully as though set forth at length. SECTION 2. This Agreement shall not take affect until 15 fully signed and executed by both parties. The City shall not be 16 obligated hereunder unless and until the Agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 20 The authorization to execute the above- SECTION 3. referenced agreement is rescinded if the parties to the agreement 21 fail to execute it within sixty (60) days of the passage of this 22 resolution. 23 I HEREBY CERTIFY that the foregoing resolution was duly 24 adopted by the Mayor and Common Council of the City of San 25 meeting thereof, held on the 21st Bernardino at a Regular 26 1989, by the following vote, to wit: day of August 27 28 1 DAB:br August 8, 1989 , 1 RESO _ AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY. OF SAN BERNARDINO AND SAN BERNARDINO CONVENTION AND 2 VISITORS BUREAU. 3 4 5 6 7 8 9 10 11 12 13 AYES: Council Members Reilly, Flores, Maudslev. Minor Pope-Ludlam, Miller NAYS: None ABSENT: Estrada ~{/f~<~0 City"Clerk The foregoing resolution is hereby approved this,~~ day of UrAl" . 1989. b, Mayor 14 n Bernardino 15 Approved as to form and legal content: 16 17 18 19 20 21 22 23 JAMES F. PENMAN, City Attorney II ,., By: I~?/~ U 24 25 26 27 28 2 DAB:br August 8, 1989 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 AGREEMENT 2 THIS AGREEMENT entered into as of this 24th day 3 4 5 6 of August 1989, by and between the CITY OF SAN BERNARDINO, A Charter City ("City") and the SAN BERNARDINO CONVENTION AND VISITORS BUREAU, a mutual benefit non-profit corporation ("Bureau"): 7 WIT N E SSE T H: 8 9 WHEREAS, the CITY OF SAN BERNARDINO has and is further developing facilities, hotels, restaurants and other services needed and appropriate for visitors to the Inland Empire; and WHEREAS, the CITY OF SAN BERNARDINO is in an ideal location for the attraction of visitors due to its proximity to the mountains, the desert, urban, financial and industrial centers and full service airports; and WHEREAS, the increase of visitors, conventions and tourism will inject substantial amounts of money into the local economy at very little additional cost and without adverse effects on the local environment or populace; and WHEREAS, such increase will result in significant increases in tax revenues to the City which will enable the City to provide and maintain necessary services to the residents of the City; and WHEREAS, Bureau is willing to develop a comprehensive program to coordinate the existing facilities, organize or sponsor tourist and visitor support services, and establish and operate a marketing program, to increase visitor, tourist and convention visits to the City; RECEIVED AU G 10 1989 / / / DAB: br August 8, 1989 1 "nMI~1 . nFV. ~VCS. 10 11 1 NOW THEREFORE, the parties hereto agree as follows: 2 1. OVer the term of this Agreement, City shall provide the 3 Bureau the sum of ONE HUNDRED THOUSAND (S100,000.00) DOLLARS 4 payable as follows: 5 6 a. FORTY THOUSAND ($40,000.00) DOLLARS shall be payable on the effective date of this Agreement. 7 b. FIFTEEN THOUSAND ($15,000.00) DOLLARS shall be 8 9 payable on a quarterly basis on or before September 30, 1989, December 31, 1989, March 31, 1990 and June 30, 1990, and as authorized by the City Administrator. 2. Bureau shall use its best efforts to increase visitor 12 and convention business in the City by doing the following: 13 14 15 16 17 18 19 20 21 22 23 24 25 a. Coordinate the various visitor-related services currently available in the City such as hotels, motels, restaurants and other needed services. b. Solicit, coordinate and follow-up convention lead referrals. c. Research, develop and distribute visitor packets and badges. d. Research, develop and distribute visitor guides to San Bernardino and surrounding attractions. e. Provide registration assistance including personnel (volunteer or otherwise), typewriters, etc. f. Research, develop and distribute area maps. 26 bureau. g. Establish an event and hotel booking and housing 27 / / / 28 DAB:br August 8, 1989 2 10 1 h. Coordinate with the visitor-related services 2 3 relative to when conventions are booked and how many visitors are anticipated. 4 5 i. Coordinate additional excursions and activities for visitors. 6 7 8 9 j . Develop and implement a program to encourage repeat visitors. k. Review and evaluate each conference held in the City to determine where improved services can be provided. 3. Bureau shall provide quarterly written reports to the 11 Mayor and Common Council of the city outlining activity, 12 accomplishments and results no later than September 30, 1989, 13 December 31, 1989, March 31, 1990 and June 30, 1990. 14 4. The term of this Agreement shall be from the effective 15 date hereof to and including June 30, 1990. 16 5. For all intents and purposes Bureau shall be 17 considered as an independent contractor and is not and shall not 18 be considered as a department, agency or arm of the City. 19 6. Bureau agrees to hold harmless, indemnify and defend 20 City, its officers, agents and employees from any claims or suits 21 that may be brought by third persons on account of personal 22 injury, death, or damage to property, or a property, business or 23 personal interest, arising from any negligent act or omission by 24 Bureau while performing services under this Agreement. 25 7. During the term of this Agreement, Bureau shall 26 maintain in effect public liability and property damage insurance 27 / / / 28 DAB:br August 8, 1989 3 1 in the amount of $1,000,000 combined single limit naming the 2 City, its officers, agents and employees as additional insureds. 3 8. Any notices to be given under this Agreement shall be 4 deposited with the United States Postal Service postage prepared 6 7 8 9 10 11 12 13 14 15 16 5 and addressed as follows: CITY City Administrator 300 North "0" Street San Bernardino, Ca 92418 BUREAU San Bernardino Convention and Visitors Bureau P.O. Box 920 San Bernardino, CA 92402 Nothing in this paragraph shall be construed to prevent the giving of such notice by personal service. IN WITNESS WHEREOF the parties hereto have executed this Agreement on this day and date first above shown. ATTEST: 17 18 "~%444/ City Clerk 19 20 21 22 23 24 Approved as to form and Legal Content: 25 JAMES F. PENMAN 26 City Attorney 27 28 By: L 1 ~ o~r August 8, 1989 Mayor Pro Tempore CITY OF SAN B By: For By: BY:;:z! t'thUJ/.; 4r.-( .( . 4