HomeMy WebLinkAboutR12-Economic Development Agency
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o ECXKICIC IEVEIDHIENl' ~
CI'l'lC '" S>>I BERDRDDD
RI!XXJEST lOR CDlMISSICIf/mmrTT, IC'l'IC3I
Fran: TlX7.tJr.{ c. STEINHAUS, Administrator
Eca'lcIIIic Develc:plEnt 1lqe"<<:j
SUbject: cnm:Nl'ICIf J\H) VISl'1ORS
JlDRaD
Dite: May 29, 1991
Bynopsis of Previous OCIIIIIissiOlVOOlmcil/OCIIIIIittee ~ClD:
On May 24, 1991, the Redevel~lt OCIIIIIittee CCIlSidered this item an:i reo....-I'ded
to the ChnnInUty DElvel"P""'lt t'hIInli_ia1 BRlIcval of the Memorandum of umerstan:i-
in; betwen the no-i "Siem an:i the Board of Directors of the OCI'IVentiem an:i
Visitors amaau.
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'''''''''11\4 +v DevIIl. _ .._nt A'wI'IIrI_" anI
'!bat the ChnnI..u.ty Devel~lt thnmi...iem llRXtaval a oert:ain Memorandum of t1nder-
staming by am between the OamLmity Devel~1t no-i -i.a1 of the city of san
Bemardino an:i the Board o~ Directors of the . em an:i Visitors amaau.
tor
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Bo~_4C DElv8l......-&t~
contact Pe1"E1a1:
Tim Rb.hw.us
5081
1 thralah 7
:Rla1e:
Project Area:
All Proiect ll.........
Wardes) :
~ Dita Attac:tIed:
FtJNDIOO ~:
staff _.,,"t: Moo.."........"" of t~..Mi.....
Amount: $ N/A
8ldqet Authority:
Source:
no-4 _4 OIVOOlmcil Notes:
'ltS: lab: 4375
CDIMISSICIf IIEE'l'Im
JfeetiDq Date: 06/03/1991
Jgenda Item NIDber: ...1-'-
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BCONOMIC DBVBLOPMBl'IT AGBl'IO
SUFF REPORT
Convention and Visitors Bureau
On September 5, 1990 the Community Development Commission approved the motion
establishing an Bconomic Development Agency comprised of the consolidated
Community Development Department/Redevelopment Agency entities, the Main Street
program, the San Bernardino Convention and Visitors Bureau and the San
Bernardino Bconomic Development Council. Additionally, on September 5, 1990,
the Community Development Commission adopted a motion directing the acting
Agency Administrator of the Bconomic Development Agency to review and evaluate
Main Street, the Convention and Visitors Bureau and the Bconomic Development
Council's functions with a view towards determining the most effective ways and
means of carrying out said Agency's programs and funding.
Subsequently, staff has been working with the Board of Directors of the
Convention and Visitors Bureau to work out a mutual understanding in regards to
the relationship between the Convention and Visitors Bureau and the Bconomic
Development Agency. The attached Memorandum of Understanding allows for the
financial oversight of all Convention and Visitors Bureau actions through the
budget process. It provides for the ongoing monitoring of funding and personnel
by the Bconomic Development Agency Administrator and the Community Development
Commission.
Under the agreement, the Convention and Visitors Bureau will continue operating
as a non-profit corpo~ation with a Board of Directors appointed by the
memberShip of the Bureau. The Board will consult with and seek the advij:e of
the Bconomic Development Agency Administrator with regard to all changes in
personnel, policy decisions regarding business inducing efforts of the
Convention and Visitors Bureau and all expenditures by the Convention and
Visitors Bureau of amounts approrprlated by the City to fund Convention and
Visitors Bureau activities.
The Memorandum of Understanding requires the Board of Directors of the
Convention and Visitors Bureau to prepare on an annual basis a proposed budget"
in consultation with the Agency Administrator. At the Agency Administrator's
discretion, the budget will then be submitted as part of the overall Economic
Development Agency's budget for review and adoption by the Community Development
Commission. Throughout the year the Agency Administrator may withhold funds
that he deems inappropriate in the best interest of the City of San Bernardino.
This Memorandum of Understanding will continue until cancelled by either party.
This agreement was approved by the Convention and Visitors Bureau on May 16,
1991.
On May 24, 1991, the Redevelopment Committee considered this matter and
recommended to the Community Development Commission approval of this item.
en s adoption of the form motion.
rIMOTBr C, STBIl'IBAUS, C7 Ad.inistrator
Bconomic Development Agency
TCS:pc:20l5S
COMMISSION MEETING
Meeting Date 06/03/91
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MEMORANDUM Oil' UNDERSTANDING
This MemorandUlll of Understandin9 is entered into on and
as of the date set forth below by and between the Board of
Directors .<the wBoard") of the San Bernardino Convention and
Visitors Bureau, a California non-profit mutual benefit corporation
(the WCVBW), and the Community Development Commission of the City
of San Bernardino (the wcommissionW) which operates and functions
as the Economic Development Agency (the wAgencyW).
WHEREAS, the CVB is a California non-profit mutual
benefit cOrPOration whose efforts are dedicated to enhancin9 the
economy of the city of San Bernardino by encoura9in9 and fosterin9
tourism, conventions and similar economic activities. The CVB was
o formed in 1989 and has only recently obtained the fundin9 necessarY
to undertake si~ificant prQ9ramB to accomplish its purposes;. and
WHEREAS, the Agency is under the direction of the Agency
Administrator and i. cha~ed with coordinatin9 the economic
development activities of various public and private a9cihc1:es in
the City of San Bernardino, includin9 the CVBi and
WHEREAS, the CVB receives a substantial portion of its
fundin9 from City General Fund moneys and tax revenues incl~din9
Transient Occupancy Taxes imposed upon 9Uests of the various hotels
and motels in the City of San Bernardino (the wCityW). In addition
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NOJ 21. 199.
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to such public revenues, the CVB currently receives approximately
one-third U/3rd) of its annual resources from the dues and
contributions of its members, which members are enqaqed in the
lodqinq, hospitality and related industries in the City of San
Bernardino i and
WHEREAS, in order to provide for the _. o~derly
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administration of the economic development activities in the city
of San Bernardino, includinq those of the CVB, the Board and the
COmmission now desire to enter into this Xemorandum of
Understandinq and to provide for the role of the Executive Director
of the CVB and the inteqral participation by the Agency
Administrator in the coordination, planninq, budqetary process,
fiscal matters and implementation of the activities of the CVB and
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to increase the involv_ent of the CVB in the .conomic d.velopment
activities within the City.
NOW, 'l'HEREFORE, in consideration of the above recitals,
and of the agreements and undertakings set forth herein, the
Commi.sion and the Board agree as follow.:
1. '!'h. Board .hall provide, or .hall instruct the
Executive Director of the CVB to provide, notice to the Agency
AdIlinistrator of each and every ..eting of the Board of Directors
of the CVB. Such notice .hall be provided in the .... ..nner and
at the s... time as such notic. is provid.d to the member. of the
Board of Dir.ctors of the CVB.
In addition, the Board .hall
,
o provid., or .hall in.truct the Executive Director of the CVB to
provid., such .aterial. a. are provid.d to the Board in advance of
.e.ting. th.r.of. Such ..terial. shall be provid.d to the Agency
Admini.trator at the s..e time a. th.y are d.livered to .ubers of
the Board, and the Ag.ncy Administrator shall inforll the COIIIIIi.sion
through Ag.ncy activity statu. r.ports of all -terial.;obu.~iness
activiti.. of the CVB as the .... r.lat. to the overall operations
of the Ag.ncy.
2. '!'h. Agency Admini.trator .hall be entitled and .hall
be strongly encouraged to attend all .eetings of the Board of
Directors of the CVB.
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Nor 21, 1991
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3. The Chairman and the Vice-Chainaan of the Board will
consult with and seek the advice of the Agency Administrator with
regard to material changes in personnel, all policy decisions
regarding the business inducing efforts of the CVB and all
expenditures by the CVB of amounts appropriated by the City to fund
CVB activities. In such consultations, the Chairman and Vice-
Chairman of the Board shall seek to reach unanimity of position,
with the Agency Administrator, with regard to all such actions.
4. The Executive Director of the CVB shall inform and
consult with the Agency Administrator on a regular basis regarding
the activities of the CVB. The Board shall instruct the Executive
Director to make every reasonable effort to attend all .eetings
with the Agency Administrator as the Agency Administrator may
request inClUding, without limitation, staff meetings of the Agency
with the Agency Administrator and other Agency staff. The
Executive Director shall be apPOinted by the Board after
consultation with the Agency Administrator and shall serve in such
position until removed by the Board upon consultation with the
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Agency Administrator.
5. . The Board shall instruct the Executive Director of
the CVB to provide to the Agency Administrator such records, files,
data and documents concerning the activities of the CVB as the
Agency Administrator may request and to P8r1Iit the Agency
Administrator access to and make available to inspection by the
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Agency Administrator or his designee of all files and records
aaintained by the CVB in the same manner as the Agency
Administrator may obtain access to all other files and records of
any other department of the Agency.
6. The Board shall keep the Aqency Administrator fully
advised of all business activities of the CVB and shall instruct
the Executive Director to likewise advise the Aqency Administrator.
The CVB and the Aqency Administrator shall take such other actions
as they aay deem reasonable and proper to accomplish their mutual
qoal to foster economic developaent within the city of San
Bernardino and to establish a mutually cooperative working
relationship between the Agency and the CVB.
7.
The Board and the Executive Director shall annually
prepare a proposed budget on or before May 31 of each year which
shall list by line item each category of expenditure and dollar
amount anticipated for the next succeeding fiscal year. Such
budget shall also estiaate the revenue sources available to the CVB
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from other than City source. and the amount that is required to be
appropriated by the City from General Fund revenues. Such proposed
CVB budgets shall be prepared by the Board and the Executive
Director in consultation with the Agency Administrator. Any final
CVB budget submitted by the Board to the Agency Administrator will
be forwarded by the Agency Administrator within the Agency budget
to the Commission together with an evaluation report on such budget
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prepared by the Agency Administrator for consideration by the
Commission.
The Agency budget together with the CVB funding
request shall then be subject to formal approval by the Mayor and
Common Council of the City and the Commission, as necessary.
8. After the City or the Commission, as appropriate,
have approved a CVB budget and the City has appropriated City
General Fund revenues to fund such budget, the Agency Administrator
sba11 transfer to the CVBon a monthly basis on the first day of
each month, moneys sufficient to pay all budgeted monthly
expenditures as set forth in the budget.
9. In the event the CVB, the Board, the Executive
Director or any other employee thereof (i) undertakes such actiVity
on behalf of the CVB that, upon recommendation of the Agency
Administrator and after official action of either the Mayor and
Common Councilor the Commission, as appropriate, is determined by
the Mayor and Common Councilor the Commission, as appropriate, not
to be in the best interests of the City or the Commission& or (H)
.. e.
either incurs or pays an unauthorized expenditure not previously
approved either in the annual budget or in a supplemental budget
approved by the Board, irrespective of whether such expenditure was
to be .ade or was actually .ade with City funds or other CVB funds,
or (Hi) in any manner breaches any provision of this Agreement,
the Commission shall have the right to terminate this Agreement and
cease funding of the budget items upon fourteen (14) days' written
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notice delivered to the offices of the CVB and to the Chairman of
the Board. Such notice shall state that it is the intent of the
Commission to terminate this Agreement and to cease the City I s
funding of CVB activities as of a date to be set forth in said
notice whiCh shall be on or after the conclusion of such 14-day
notice period. If corrective action satisfactory to the Commission
is commenced within said fourteen (14) days, the Commission by
official action may rescind such termination notice and may
thereafter continue to fund CVB activities.
10. Neither the City nor the Commission shall have any
liability for the payment of any obligations incurred by the CVB
irrespective of the City or the Commission agreeing to fund certain
activities of the CVB; and all obligations of the CVB, whether for
contract services, supplies, personnel costs or other contractual
obligations, shall be solely that of the CVB and shall not in any
manner obligate either the city or the Commission, directly or
indirectly, to either pay such Obligations of the CVB or to
continue funding of the CVB during a fiscal year or for any
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succeeding fiscal year.
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IN WITNESS WHEREOF, the parties have executed this
Memorandum of Understanding to be effective on and as of this
day of May, 1991.
( SEAL)
ATTEST:
Secretary of the Board
(SEAL)
ATTEST:
Secretary
Approved as to Form:
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At orney
_1DOCI444
MCVBM
For the Board of Directors
of the SAN BERNARDINO CONVENTION
AND VISITORS BUREAU
David Porter, Chairman of the
Board
COMMUNITY DEVELOPMENT
COMMISSION OF THE
CITY OF SAN BERNARDINO
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