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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 The authorization to execute the above referenced Agreement is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this resolution.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