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HomeMy WebLinkAbout1989-318 , .. 10 11 18 19 20 21 22 23 24 25 26 27 28 . .' 1 RESOLUTION NO. 89-318 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND 3 THE SAN BERNARDINO CONVENTION AND VISITORS BUREAU WHERE THE CITY SHALL PROVIDE THE BUREAU THE SUM OF $100,000 OVER THE TERM OF 4 THIS AGREEMENT. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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 City 8 an agreement with the San Bernardino Convention and Visitors 9 Bureau whereby the City agrees over the .cerm 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 12 agreement is attached hereto marked Exhibit "A" and incorporated 13 herein by this reference as fully as though set forth at length. 14 SECTION 2. This Agreement shall not take effect until 15 fully signed and executed by both parties. The City shall not be 16 17 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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 a meeting thereof, held on the 21st Regular day of August , 1989, by the following vote, to wit: DAB:br August 8, 1989 1 ..-,,4 · 1 RESO - AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CONVENTION AND 2 VISITORS BUREAU. 3 AYES: Council Members Reilly, Flores, Maudsley, Minor 4 Pope-Ludlam. Miller 5 NAYS: None 6 ABSENT: Estrada 7 8 ~a4/~f// Ci t-y Clerk 9 10 The foregoing resolution is hereby approved this 21st day 11 , 1989. of August 12 13 14 15 Approved as to form and legal content: 16 JAMES F. PENMAN, 17 City Attorney 18 //'} ;J I ' 19 20 21 22 23 24 25 26 27 28 DAB:br August 8, 1989 2 19 20 21 22 23 24 25 26 27 28 1 AGREEMENT 2 THIS AGREEMENT entered into as of this 24th day 3 of August 1989, by and between the CITY OF SAN 4 BERNARD INO, A Charter Ci ty (" Ci ty") and the SAN BERNARD INO 5 CONVENTION AND VISITORS BUREAU, a mutual benefit non-profit 6 corporation ("Bureau"): 7 WIT N E SSE T H: 8 WHEREAS, the CITY OF SAN BERNARDINO has and is further 9 developing facilities, hotels, restaurants and other services 10 needed and appropriate for visitors to the Inland Empire; and 11 WHEREAS, the CITY OF SAN BERNARDINO is in an ideal 12 13 location for the attraction of visitors due to its proximity to the mountains, the desert, urban, financial and industrial 14 centers and full service airports; and 15 WHEREAS, the increase of visitors, conventions and tourism 16 17 will inject substantial amounts of money into the local economy at very little additional cost and without adverse effects on the 18 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; / / / DAB:br August 8, 1989 1 , 19 20 21 22 23 24 25 . 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 ($100,000.00) DOLLARS 4 payable as follows: 5 a. FORTY THOUSAND ($40,000.00) DOLLARS shall be 6 payable on the effective date of this Agreement. 7 b. FIFTEEN THOUSAND ($15,000.00) DOLLARS shall be 8 payable on a quarterly basis on or before September 30, 9 1989, December 31, 1989, March 31, 1990 and June 30, 1990, 10 and as authorized by the City Administrator. 11 2. Bureau shall use its best efforts to increase visitor 12 and convention business in the City by doing the following: 13 a. Coordinate the various visitor-related services 14 currently available in the City such as hotels, motels, 15 restaurants and other needed services. 16 b. Solicit, coordinate and fOllow-up convention lead 17 referrals. 18 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 relative to when conventions are booked and how many 3 visitors are anticipated. 4 i. Coordinate additional excursions and activities 5 for visitors. 6 j . Develop and implement a program to encourage 7 repeat visitors. 8 k. Review and evaluate each conference held in the 9 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 5 and addressed as follows: 6 CITY BUREAU 7 City Administrator 300 North "0" Street San Bernardino, Ca 92418 San Bernardino Convention and Visitors Bureau P.O. Box 920 San Bernardino, CA 92402 8 9 Nothing in this paragraph shall be construed to prevent the 10 giving of such notice by personal service. 11 IN WITNESS WHEREOF the parties hereto have executed this 12 13 Agreement on this day and date first above shown. Mayor Pro Tempore CITY OF S BE 14 15 16 By. For 17 , I ATrrEST: 18 c;~/?~iI/ ruyClerk 19 20 AND 21 By:/" 22 23 BY:rJ{~~/~ 24 Approved as to form and Legal Content: 25 JAMES F. PENMAN 26 City Attorney 27 By: LJI~ DA-dr August 8, 1989 4 28