The URL can be used to link to this page

Home My WebLink About1989-040 RESOLUTION NO. 89-40 RESOLUTION 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 $38,000 OVER THE TERM OF THIS AGREEMENT. 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 Visitors Bureau the sum of Thirty-eight thousand nine hundred twenty dollars ($38,920.00). 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 affect 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a reqular meeting held on the 20th day of Februarv , 1989, by the following vote, to wit: AYES: Council Members Estrada. Reilly Floresr Mrl1ldS1AY Minor, Pope-Ludlam. Miller NAYS: None ABSENT: None ~ ~~ o&??//'/2t:/ /~~? v:.) " City Clerk The foregoing resolution is hereby approved this o</4r- day of February 19~ ' ~~~2(~ City of San Bernardino -1- RESOLUTION 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 $38,000 OVER THE TERM OF THIS AGREEMENT Approved as to form and legal content: JAMES F. PENMAN City Attorney BY~ ? /~ -2- ff~ EXHIBI~ "A" A G R E E MEN T THIS AGREEMENT entered into this JA/ day of ~~ 1989, by and between the CITY OF SAN BERNARDINO, a Charter City ("City"), and the SAN BERNARDINO CONVENTION AND VISITORS BUREAU, a public 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 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 efforts 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, NOW, THEREFORE the parties hereto agree as follows: 1. Over the term of this Agreement City shall provide DAB/dys February 2, 1989 1 Bureau the sum of THIRTY-EIGHT THOUSAND NINE HUNDRED TWENTY ($38,920.00) DOLLARS payable as follows: a. NINETEEN THOUSAND FOUR HUNDRED SIXTY ($19,460.00) DOLLARS shall be payable on the effective date of this Agreement. b. NINE THOUSAND SEVEN HUNDRED THIRTY ($9,730.00) DOLLARS shall be payable upon the filing of each of the quarterly reports herein required on March 31, 1989 and June 30,1989, and upon a determination by the City Administrator of City that such reports are adequate. 2. Bureau shall use its best efforts to increase visitor and convention business in the City by doing the following: a. Coordinate the various visi tor-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 DAB/dys February 2, 1989 2 housing bureau. h. Coordinate with the visitor-related services 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. 3. Bureau shall provide quarterly written reports to the Mayor and Common Council of the City outlining activity, accomplishments and results on March 30, 1989 and June 30, 1989. 4. The term of this Agreement shall be from the effective date hereof to and including June 30, 1989. 5. 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. 6. 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. 7. During the term of this Agreement, Bureau shall maintain in effect public liability and property damage insurance DABjdys February 2, 1989 3 ~, in the amount of $1,000,000 combined single limit naming the City, its officers, agents and employees as additional insureds. 8. Any notices to be given under this Agreement shall be deposited with the United states Postal Service postage prepaid and addressed as follows: To City: City Administrator 300 North "0" Street San Bernardino, CA 92418 To Bureau: San Bernardino Convention & 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: ...-1 rhJ?/~~b ity Clerk SAN BERNARDINO CONVENTION & VISITOR BUREAU By: fltL (/1' ! .. ~Jil r' ,.. 1 ':' .,,' --'. t l./~ / ,lj .,,-- By: Approved as to form and Legal Content: JAMES F. PENMAN, By: DAB/dys February 2, 1989 4 :X:Er~i~"< TE'l.ECr~W i ~:-r'. : # 1 C3..;].~ / 1 '~.: _~ ~0.?0 ~0;7?:?? ??; CCITT 03 + 2"' : 4?.:EC CJF :::;TATE E>EC [IFF I CE :::.:: 454 4573 C1t,t,Ci45,21t, 79./,0 Office of the Secretary of State March F ong Eu . 1'" 1"":'~.1 r ; ~'::"I.L Executive Office (916) 445=6371 1230 J Street Sacramento, California 95RJ 4 TELEC~PIER COVER LETTER WE ARE TIl.ANSMITTING FROM A PANAFAX UF-400 AD MAC:HINE . TO:~Y\6..V^I~ C::rlvY\ FROM: S.e..~ (r'f ~ V ~ ON: 3 d- .~ I K \ CNLV'dS () n S o f sktJ( AT: 2-/-:,17 f01 (Tim e o#(c~ ) I 1_ TOTAL # OF PAGES -r (INCLUlJING COVER. LETTER) TELECOPY # ~ 1 r~ ~ fr - Cl~13 COrlFIRMATION PHONE # CONFIRMED BY: IF iOU DO NOT RECEIVE ALL THE PAGES~ PLEASE CALL BACK AS SOON AS POSSIBLE: (916) 445-6371. ~ IA. ~M ]wtV'L elL- , NAME OF SENDER TIME COMPLBTED MeSSAl.H~: ~~c~~ ~ElE::r'~n ~~~.. i:::: j.l:J.:~/ 1 ':j;= ':: -~"..~~.~_.~~r~~~0~' ~~.. :C I TT :''3 -;'t- if 2 !"/ : 4:=: '=;t.C U~ '=; i H t. t:.:>:t::'_ Ur r 1 Cc. c: 4~:>4 4~:)' {o.:S ~.:JCICI~.J4~.k:.1tl - ~1 = ~.:J2 '\ .' I S. : QIJ ~.': ~a;O' <2 t t. I I .' '-. J" J II' : .i..tl :/,.c \, '. : Ca JjOrn~a ~l,: ~F::;r':~; A;.~ .::.-......~ET',...,V ;-"""'It: ~.o\T~ ~ ... . -' ... ~ ~ t 'J t:: ....... ,\ , ,..... K T ......' v \ 1"". - . (~~ ( ) H P { ') l \ ,\ 'j"'; <.) :'\ D I \-lS I () ~ I~ J\ll~4..RC~l-l l;()~\;'C~ .f: L '. Sccretarv of Stale of the State ()f C:alif orJ1ia. ht-:':.p 1J\ c'e rti fy: . - . T}lUt the al111execl tr~lJ.1s('rl [Jt llUS IJeerl COI111JUrecl \vith t 11 e c () r 1)0 rat ere cor c1 {) 11 f .J e ! n t 1115 0 f fie e ~ o.f \V 11 i C 11 it purports to be a ('upy, and that "il1l1C is full. true and correct. IN VVITNESS 'VVHEREOF, I execute this certificate and aLIix lh~ Great Seal of the State of CalUoDliu this FEB 2 7 1989 CUlllt&-\ :Ju-~ 'Q.{.. S~~i~'JIU of 5t~f~ '. .. . ,l.oill'li/!llo",l1"~" ~ ' , .'1.. '!~.I: ....:~, . , . ~.; ~EF~~ TELE~CP'E~ ?~~.' Ii: j 1"'!L1.~. ,. 1 '~:='~ , "._..", _ ..'"'""0 ~ ~--:-' . ':--.-.-. ":'~ ~ CSITT ':'3 -+ : '* 3 ~' ; (11=: 1=; t: f.: j_I~" 1=; ~ t:. t=.\iJ::.!_ UI-I- 11'_'1::. I I ,., L- ," 1 L... I ,I _," Cl (~_'l( I (! _'I r '-:1 l.cJbc,l.cJ{1'::'lli.1b'- +-! . 11.1.:5 1634294 . . i-:' r: :-: ~ i: :> '. J '.12: " .. ~., '.' ,'- ,-""..1: 1"1 \',It .~~Uc:~t.."/ QI ['!~., ~~ 1',,\' ::.i.:.' l: vt C:..::l~.,rnia ARTIOL~D OF INCOKPORATIOR .. ill' ,,"1 ,"'\ J II .,1 ',l"l I-r"" ~. I 'j ~ , .... ~ .. OJ' r.~A~CII FOliC W, t; :~~~Jry 0; State SAN BERNARDINO CONVENTION AND VISITORS BUREAU I The name of this corporation is CONVENTION AN$ VISITORS BUREAU. SAN BERNARDINO II A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. ~,t., It is Benefit Corporation Law 8. The specific purpose of this corporation is to serve as a public relations and service organization to enhance the economy of the city of San Bernardino through the development of the convention and visitor industry. III, No subst:anttal part or the activitleg of this corpora~ion shall consist ur Lh~ ~uLli~a~ion er diooomination ot materials with the purpo~~ of attemp~inq to influence leqislation, and the corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. IV The property of this corporation is irrevocably dedicated to exempt purposes and nO part of the net income or assets of this orqanization shall ever inure to the benefit of any director, officer, or member of this corporation or to the benefit of any private individual. Upon the winding up and dissolution of this corporation, and after paying or adequately p~oviding for the debts and obligations of the corporation, the remaining a5~~tS, if any, nhall be distributed to a nonprofit fund, foundation, or corporation that is or~anized and operated exclusively for exempt purpo~~~ and 'that ha~ ~~tahlished a taxft8xempt stat\Js under Section 501{c) (6) of the Internal Revenue "code (or the correspondini provision of any future united states Internal Revenue LaW) ~ V The nam~ and address in the state of California for this :cc- :::: -::1_ r.:-rr.' .-::- - - -,-. f -T" -.._ .'i "1 .., .. , '. i.1:J:=':- 1',: 4':;1 SlL U~ S H ~ cX~L U~~lC~ ~:3 4 !:: I'~ '- ~ ~:) I (' '.) ~ k:.1C1CI~.::J4~:IL.1~1 r-i : L14 corporation's initial agent for service of process is: David o. PortQr 546 West 6th street San Bernardino, CA 92402 DATED: De.cemqer 6 , 1985 INCORPORATORS: t;j? /7. / ~ If,~ ~ " /n.-L David Q. Porter ~~ Ann B. Harr~s ~~ c-:-- ,~ LJ!obert O. SPi~~ o~((li~ Theresa 'T. O'Connor