HomeMy WebLinkAbout34-Economic Development Agency
I
'. 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
o
o
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF 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
20 PERCENT OF THE ACTUAL REVENUES COLLECTED FROM THE TRANSIENT
OCCUPANCY TAX DURING FISCAL YEAR 1991/92.
NOW, . THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the city of San Bernardino is
hereby authorized and directed to execute, on behalf of said City
an Agreement with the San Bernardino Convention and Visitors
Bureau whereby the City agrees over the term of this Agreement to
provide the San Bernardino Convention and Visitors Bureau the sum
of 20 percent of the actual revenues collected from the Transient
Occupancy Tax during fiscal year 1991/92 but not to exceed
$286.000.
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referenced Agreement is rescinded if the parties to the Agreement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.
III
III
III
DAB/ses/Visitors.res
1
JUly 15, 1991
%3L.\
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
o
o
RESOLUTION...AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND THB SAN BERNARDINO CONVENTION AND VISITORS BUREAU...1991/92.
I HEREBY CERTIFY that the foregoing resolution was duly
Bernardino at a
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
day of
, 1991, by the following vote, to wit:
Council Members:
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
of , 1991.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~ftk)
DAB/ses/Visitors.res
W. R. Holcomb, Mayor
City of San Bernardino
2
JUly 15, 1991
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
o
o
AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 1991 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"):
WITNESSETH:
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;
III
III
DAB/ses/Visitors.agr 1 July 15, 1991
~~~
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
o
o
NOW THEREFORE, the parties hereto agree as follows:
1. OVer the term of this Agreement, City shall provide the
Bureau the sum of twenty percent (20%) of the actual revenues
collected from the Transient Occupancy Tax (TOT) during fiscal
year 1991/92, but not to exceed $286,000.
A. Twenty percent of the actual revenues from the TOT
shall be payable on October 10, 1991.
B. Twenty percent of the actual TOT revenues shall be
payable monthly thereafter, on the tenth day of the month through
June 1992. The final payment will be made on or before July 31,
1992.
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.
III
DAB/ses/Visitors.agr
2
July 15, 1991
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
o
o
H. Coordinate with the visitor-related services
relative to when conventions are booked and how many visitors are
anticipated.
X. 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.
3. Complete the work program described in Attachment I.
4. 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, 1991, December 31, 1991, March 31, 1992 and June 30, 1992.
Bureau shall also provide a copy of its proposed annual budget to
the City Administrator for review in advance of final approval.
5. 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 an extension thereof,
or for any longer period of time as required by law.
6. 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
DAB/ses/Visitors.agr
3
July 15, 1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
r 20
21
22
23
24
25
26
27
28
o
o
from such audit exceptions.
7. The term of this Agreement shall be from the effective
date hereof to and including June 30, 1992.
8. For all intents and purposes, Bureau shall not be
considered as a department, agency or arm of the City.
9. 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.
10. 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.
11. Any notices to be given under this Agreement shall be
deposited with the United states Postal Service postage prepaid
and addressed as follows:
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.
12. This Agreement may be terminated by either party by
giving written notice at least thirty (30) days prior to the
effective termination date in the written notice.
DAB/ses/Visitors.agr
4
July 15, 1991
, 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
o
o
AGREEMENT RE: SAN BERNARDINO CONVENTIONS AND VISITORS BUREAU
...
13. 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 the day and date first above shown.
CITY OF SAN BERNARDINO
BY:
W.R. Holcomb, Mayor
City of San Bernardino
ATTEST:
BY:
City Clerk
SAN BERNARDINO CONVENTION AND
VISITORS BUREAU
BY:
BY:
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
~~cJ
DAB/ses/Visitors.agr
5
July 15, 1991