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AGECbA ITEM INFORMATION SUQARY
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RDA -174
REV. 6-29-89
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SieVeD H. Dukelt
Executive DirecIDr
RedevQpment Agency · City of San ~rnardino
300 NcrIh "D" S_I, Fourth F100r . Sill Bernardino, California 92418
(714) 384-S081 FAX (714) 888-9413
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AUGUST 30. 1989
CONVENTION & VISITOR BUREAU (CVB>
Synopsis of Previous Commission/Council/Committee Action:
02-06-89
04-17-89
08-10-89
08-21-89
Commission approved a $15,000 contract with the Convention &
Visitor Bureau (CVB> for Fiscal Year 1988-89.
Commission approved a $10,000 amendment to the Fiscal Year 1988-89
Convention Visitor Bureau (CVB> contract.
Committee recommended that the CVB's 1989-90 $30,000 contract be
considered by the Commission.
Commission continued consideration of the CVB's 1989-90 contract
to September 6, 1989.
(COMMUNITY DEVELOPMENT COMMISSION>
Recommended Motion:
That the Commission authorize execution of the attached $30,000
Agreement for Professional Services with the San Bernardino
Convention and Visitor's Bureau for fiscal year 1989-90.
cutive Director
Supporting data attached: YES
Hard:
FUNDING REQUIREMENTS:
$30,000
Project: ALL
Commission Notes:
1810R/AB/mv
Agenda of: September 6, 1989
Item No. 1
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RedevcloplDentAgency
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S T A F F R E P 0 R T'
This Is to request that the Commission authorize execution of a $30,000
Agreement for Professional Services with the San Bernardino Convention and
Visitor's Bureau (CVB> for fiscal year 1989-90. Over the past year, the CVB
successfully recruited the Renaissance Pleasure Falre and conducted other
promotional activities of benefit to the City. The requested funding will
enable the CVB to continue Its marketing and media outreach efforts to
,attract convention and tourist business to San Bernardino during the current
year.
The attached Agreement has been approved as to form and legal content by
Agency Counsel and signed by the Executive Director of the CVB. The
Redevelopment Committee revIewed the attached Agreement at its meeting on
August 10, 1989 and recommended that this Item be forwarded to the Commission
for approval.
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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 public 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 to the City of San Bernardino.
TERMS AND CONDITIONS
2. Mission
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.
3. 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, 1990 unless sooner
terminated as provided herein.
4. Bureau Responsibilities
Bureau shall complete the work program described in Attachment I.
5. Compensation
For performance of such services, Agency will pay Bureau an amount not to
exceed the sum of $30,000.00, which payment shall constitute full and
complete compensation for Bureau's services under this Agreement. Bureau
shall submit to Agency invoices for Bureau's expenses during the Agreement
term. Said invoices shall give the total of expenses incurred and shall
also itemize the same in detail conforming to the program budget described
in Attachment "II" attached hereto and incorporated herein. Invoices
shall be approved by Agency's Executive Director or his or her designee.
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6. 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 inaependent
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.
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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 and the
City of San Bernardino as additional insureds.
Workers' Compensation: 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.
c::> 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.
13. Non-Discrimination
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.
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14. Severability
In the event that any provlslon 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.
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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
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. Notice
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
To Agency:
Steven H. Dukett, 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.
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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:
Chairman
By:
Secretary
BUREAU
By:/d;.-. i). k/. ~.
Title: ~,,-.,.~ ~:.zt
Approved as to form and
legal content:
B~
. gen ounse
Approved as to program:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Division Manager
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Attachment I
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CONVENTION AND VISITORS BUREAU (CVB)
WORK PROGRAM
The Convention and Visitors Bureau (CVB) shall attract conventions,
. conferences, and business meetings to San Bernardino by soliciting
professional associations and fraternal organizations seeking pleasant
and convenient sites for statewide and regional functions; coocdinate
facilities, housing, restaurants, and services to meet each
organization's needs, and bring these visitors back to San Bernardino
for future meetings; provide aggressive tourism promotions; and
solicit statewide and regional conventions that generate days and
dollars spent in San Bernardino.
The CVB will provide convention lead referrals and tour group lead
referrals and information to attractions in San Bernardino and
surrounding areas.
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During the term of this contract. the CVB agrees to perform the
following:
· Formulate the budget and marketing plan.
· Confirm two future bookings for major conventions andlor special
events with 1,500 to 3,000 persons attending.
· Confirm tour groups with 100-500 persons attending.
· Book 1000 hotel nights.
· Conduct specific marketing and media outreach to publicize the
tourist and lodging facilities available in San Bernardino to
accomodate the anticipated needs of those 200,000 people attending
the Renaissance Pleasure Faire.
Revised 07/28/89
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ATTACHMENT II
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SAN BERNARDINO CONVENTION & VISITORS BUREAU
San Bernardino Redevelopment Agency Contribution
EXPENSES FUR FISCAL YEAR 198~-90
Expenses/Description Amount
Salaries
Executive Director $13,000
Manager, Group Sales & Marketing 7,000
Subtotal $20,000
Marketing and Promotions
Printing & Travel $10,UOO
0 Subtotal .$10,00U
TOTAL .$30.000
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