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HomeMy WebLinkAboutR04-Redevelopment Agency c o o AGECbA ITEM INFORMATION SUQARY GENERALINFORMAnON: . . SubJec\ tJJ'wleJ./ ~ J. 1/l..<;~ I 6u.tL.A...'-. ~~ o-..J.. Author(L 1 J At./~ en.3V7 _'6 Ward fi'll ProjllCl Ar.. ()L( Budglll Authority ?; I 0.3 Dale ~ ~t "d(- d'-7-5'" Adminil1nllive Deputy ManegerlSupeM..... CITY DEPARTMENTAL REVIEW: Dalll Oepl By Depl By INFORMAOONAL DATA FORWARDED TO CITY DEPAR Sent 10 Ma)'Ol's Office Council Ward Council Ward Council Ward Council Ward Department Department Committee CommissionlCouncil Filing Date. Mellling Oat.. ~ J I 0 I~ ~ I? /i..tH Funding ReqUlremenls#(j'~1 'Otm CJb CLEARANCES: jJ Dalll ;; ;; &{;;,~~ j~i.J;{ 7-~-7<; :: ~ ~~.a.dn. I K-'-11 ~~ o /5(j City Adminillrlllllr By Date COMMENTS/CONCERNS: Includ. pertInent comments snd concems of offices and persons Clearing till summary, such as controveralallssues, tIme constraInts and fundIng complications. Indicate datas wllln action must be taken. r \ RDA -174 REV. 6-29-89 c o o 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 PrIde -I e.. 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 c o o o RedevcloplDentAgency o 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. o o o o o 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. o o o o o 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. 2 o o o 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. o 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. 3 o o o o o 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. 4 o o o o o 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 1683R 5 o o Attachment I o 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. o 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 1812J o . < o o ATTACHMENT II o 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 1840R o