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HomeMy WebLinkAbout2012/01/10 Item 07CITY COUNCIL AGENDA STATEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CHAMBER OF COMMERCE, ACTING AS THE DESIGNATED OWNER'S ASSOCIATION FOR THE TOURISM AND MARKETING DISTRICT, AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION AND IMPLEMENTATION OF ACTIVITIES AND IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN SUBMITTED BY: DIRECTOR OF ECONOMIC DEVELOPMENT DIRECTOR OF FINANG) REVIEWED BY: CITY 4/STHS VOTE: YES ~ NO SUMMARY Under the Tourism and Marketing District Plan (Plan), the Owners Association is required to prepare and submit an Annual Report to the City Council. The Plan appoints the Chamber of Commerce as the Owners Association. The Chamber presented the Tourism and Marketing District, (TMD) Annual Report to City Council on November 15, 2011. The Chamber has subsequently worked with City staff to develop standard forms for an Annual Financial Report and a Program Status Report (Attachments B & C) to provide structure for future Annual Reports, and to provide the transparency and clarity previously requested by the City Manager's Office, and by City Council. Staff has also prepared a draft Agreement (Attachment A-I) between the Chamber of Commerce and the City for City Council's review and consideration. The proposed Agreement would clarify the relationship between the City and the Chamber/Owners Association, and make the Annual Financial Report, Program Report and an annual audit of the TMD a requirement under the proposed Agreement. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a 7-1 Item No: Meeting Date: 01-10-12 Page 2 of 3 Project as defined under Section 15378 of the CEQA Guidelines; therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus no environmental review is necessary. RECOMMENDATION That City Council accept the report and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City collects a 2.5% Tourism and Marketing District fee for each hotel and motel day of occupancy of 30 days or less. The City remits that fee to the Chamber of Commerce. Acting as the Hotel and Motel Owner's Association, the Chamber invests those funds in the implementation of a Tourism and Marketing District Plan that was approved by City Council in 2009. The Plan describes "Activities," and "Improvements" that promote tourism within Chula Vista including but not limited to additional hotel and motel occupancy. The City also collects a corresponding Transient Occupancy Tax of 10%. For every $100,000 in increased hotel and motel revenue generated from additional occupancy the City would generate $10,000 in general fund revenue in addition to the retail sales generated by the meals, gasoline, other goods and services purchased by visitors, and the associated jobs created by those transactions. The Chamber of Commerce made their Annual Report presentation to Council on November 15, 2011 and the item was continued. Staff has responded to the comments made by Council and provided a strike-out/underline version of the Agreement (Attachment A-2) presented on November 15, 2011. The proposed changes to the Agreement are designed to add additional clarity to the relationship between the City and the Chamber of Commerce. The proposed changes also provide clarity regarding the Chamber's obligations as the Owners Association of the TMD and transparency to the financial and program reporting for future years. To that end, the proposed Agreement provides a format for the Annual Financial Report by the TMD and a corresponding program goals and objective report for each Activity and Improvement proposed by the TMD. The Chamber submitted copies of their TMD board agenda's for the past year and staff has recently circulated the minutes of those meetings. The Chamber has also made these documents available through a link on the cover page of their website at: www.chulavistachamber.org. Additionally, staff has attached a copy of the November 15, 2011 staff report plus Attachments (Attachment D) and the Chamber's Power Point presentation made on November 15, 2011(Attachment E). DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section 18704.2(a)(1) is not applicable to this decision. ~-2 Item No: Meeting Date: 01-10-12 Page 3 of 3 CURRENT YEAR FISCAL IMPACT As part of the proposed Agreement, the TMD Owners Association will be reimbursing the City for current operational costs for assisting the TMD with collecting and remitting TMD fees from local hotels and motels. Staff estimates that to be approximately $6,300 for the remainder of the fiscal year. Therefore as a result of this action there will be a small positive fiscal impact to the Ciry's General Fund in this current fiscal year. Since the CVTMD was established, the TOT revenue in the last reportable fiscal year, 2010 has increased by approximately $200,000. Additionally, the public-private partnership between the Chamber of Commerce/CVTMD and the City has made it possible to retain a Senior Graphic Designer, at a savings to the City of $50,000 to the City's General Fund. The partnership serves both agencies and helps maintain a high quality and consistency of message design at a lower annual cost to each agency. ONGOING FISCAL IMPACT As a result of this action, the City will be reimbursed for any costs associated with collecting and remitting TMD fees through the remaining term of the TMD Plan. Therefore, there will be a small positive fiscal impact to the City's General Fund over the next three years. Furthermore, a successful CVTMD effort will foster a higher occupancy rate that will in turn generate greater Transient Occupancy Taxes, as well as sales tax increases and local jobs creation associated with higher volume of visitor stays and purchases during those stays. The City's TOT is collected at a corresponding rate of 10%. The General Fund receives $10,000 for each additional $100,000 in hotel and motel occupancy generated within the City. An increasingly successful CVTMD will result in a positive impact to the General Fund in future fiscal years. ATTACHMENTS A-1. Proposed CVTMD Agreement A-2. Strike-out/underline CVTMD Agreement B Annual Financial Report C Program Status Report D TMD Council Agenda Statement for November 15, 2011 and attachments E Chamber of Commerce Power Point from November 15, 2011 Prepared by: Michael T Meacham, Director of Economic Developmend and Craig Ruiz, Principal Economic Development Specialist 7-3 ATTACHMENT A-1. AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES This Agreement for Tourism Marketing District Management services (the "Agreement"), dated is by and between the City of Chula Vista, hereinafter referred to as the "City," and the Chula Vista Chamber of Commerce, hereinafter referred to as "Contractor," collectively referred to as the "parties." RECITALS A. The City is a California municipal corporation and charter city; Contractor is a private, non- profit entity. B. In April 2009, the Chula Vista Chamber of Commerce ("CVCC") and the Chula Vista Convention and Visitors Bureau ("CVCVB") submitted to the City a petition and Management District Plan ("MDP") for establishment of the Chula Vista Tourism Marketing District ("CVTMD"), proposing assessments on all lodging businesses in the City, in accordance with the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600, et seq. (the "1994 Law"). C. On May 12, 2009, the City Council adopted Resolution No. 2009-115, accepting the petition and declaring its intent to initiate proceedings to establish the CVTMD, in accordance with the 1994 Law. D. On July 14, 2009, the City adopted Resolution number 2009-177, hereinafter the "Resolution;' establishing the CVTMD, and providing that assessments be levied as described in the MDP. E. Contractor w'as designated in the MDP as the Owners' Association in accordance with Streets and Highways Code section 36614.5. As a result, Streets and Highways Code section 36651 authorizes the City to contract with the Owners' Association for provision of CVTMD services. F. Under the 1994 Law, funds raised by the CVTMD must be spent for the purposes specified in the Resolution: sales promotions and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other improvements as set forth in Streets and Highways Code §36610; funds cannot be diverted to government programs. G. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement. AGREEMENT Now, therefore, the parties agree as follows: 1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, and Contractor accepts such engagement. 7-4 2. Term. The term of this Agreement shall begin on September 1, 2011 and end on July 31, 2014. If the CVTMD is disestablished prior to July 31, 2014, this Agreement shall terminate on the effective date of CVTMD disestablishment, except as provided in sections 23 and 25. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind. B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor's failure to pay such amounts. C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City. D. Contractor agrees to pefiorm its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City. E. Notwithstanding the foregoing, if the City determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, City may upon two (2) weeks' written notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments. 4. Indemnification. To the maximum extent allowed by law, Contractor shall defend, indemnify, protect, defend and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of its obligations under this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses 7-5 (including without limitations, attorneys' fees) arising from the sole active negligence or sole willful misconduct of the City, its officers, agents or employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the alive or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. This indemnity shall survive the termination of this Agreement. 5. Insurance. Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by Contractor, its agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the Agreement. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. P_rofessional_ Liability or_ Errors & Omissions_ Liability insurance _appropriate _to Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable.) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 3. Directors and Officers $500,000.00 each occurrence Liability: 7-6 Deductibles and Self-Insured Retentions Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Otherlnsurance Provisions The general liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be "primary" and must not exclude products / completed operations. 2. The contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of Contractor and in no way relieves Contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contrail. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: 1. The "Retro Date' must be shown, and must be before the date of the Agreement or the beginning of work pursuant to the Agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work under the Agreement. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date' prior to the Agreement effective date, Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work under the Agreement. 7-7 4. A copy of the claims reporting requirements must be submitted to City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than AV. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation.Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors For each subcontractor that Contractor may utilize to perform work required by this Agreement, Contractor must include the subcontractor as an insured under its policies, or furnish separate certificates and endorsements for each such subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 6. [Not Used.j 7. Conformity with Law. A. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, Resolutions, codes and regulations. B. If a death, serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement, Contractor shall immediately notify the City. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) Name and address of the injured or deceased person(s); (2) Name and address of Contractor's sub-contractor, if any; (3) Name and address of Contractor's liability insurance carrier; and (4) A detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved. C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential ~-a claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident. 8. Assessments, Costs and Payment. The City shall collect the assessments in accordance with the 1994 Law, the Resolution and the MDP. City shall forward to Contractor all CVTMD assessment funds collected, within thirty-days of collection. The City shall not be responsible or liable for determining the accuracy or adequacy of the amount of funds remitted to the City by the assessees. The City's only responsibility shall be to forward the funds remitted to the Contractor. Contractor shall account for all CVTMD funds separately from all other funds, in order to provide a transparent audit trail. Beginning January 2012, Contractor will pay the City for all actual operational costs associated with services provided by the City to the CVTMD. Those services include: collecting assessments, remitting funds to Contractor and staff time and other resources spent assisting Contractor in preparing and submitting the Annual Report to the City Council ("Standard Services'). The amount billed to Contractor for such services shall be capped at 3 percent of annual TMD revenues received by Contractor for on-going services on a fiscal year basis; it is currently estimated to total $6,300 for January through June 2012. Should the Parties agree that the City will perform additional services for the CVTMD beyond the scope of the Standard Services described in this Agreement, the Contractor will pay the City for the cost of those additional services and the three percent annual cap shall not apply to those services. The City will invoice Contractor quarterly for all City services performed relating to the CVTMD. Contractor shall pay the City in-full, within 30 days of the date of the invoice. If the City does not receive payment within 30 days, the City shall deduct the amount owed from the assessments collected in the following month. The City will then remit the monthly assessments, less any amounts past due, to the Chamber. In the event that bonds are issued pursuant to the MDP, the City and Contractor shall meet and confer to determine how the City's costs shall be allocated. 9. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor's sole responsibility. 10. Conflicts of Interest. Contractor covenants that neither it nor any of its principals or members of its Board of Directors presently has an interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement. The Parties understand that members of Contractor's Board of Directors are business owners who will benefit from the services provided by the CVTMD. Such benefit shall not be considered a direct or indirect interest for purposes of this Agreement. Contractor shall comply with all applicable conflicts of interest laws in performing its obligations under this Agreement. 11. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. ~-9 e. First Class Mail: Notice may be mailed first class to the recipient's address, set forth in section 11.E., below, in which case notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt; if it is not confirmed by a return receipt, notice will be effective on the third day after deposit in a United States Postal Service office or mailbox. C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service; if delivery is not confirmed by the delivery service, notice will be effective two days after mailing. D. Facsimile transmission: When sent by facsimile to the facsimile number of the recipient, as provided in section 11. E., below, notice is effective on receipt. However, notice by facsimile can only be effected if: (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by_ facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on anon-business day. E. Addresses and facsimile numbers for purpose of giving notice are as follows: To City: To Contractor: City of Chula Vista Chula Vista Chamber of Commerce 276 Fourth Avenue 233 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Attn: City Manager 619-420-1269 Facsimile: 619-409-5884 12. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented 146CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation ortermination. A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer' or that all qualified applicants will receive consideration for employment without regard to their race,creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. e. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. E. Contractor shall include the provisions set forth in this Section in each of its subcontracts. 7-10 13. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the same in a location that is reasonably conspicuous, and file copies of same with the City. 14. Audits and Records Access. A. Contractor shall make available to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement of CVTMD assessment funds, and shall furnish to the City, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. B. Contractor shall maintain full and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the City, Contractor shall, upon request of the City, make such books and records available to the City for inspection at a location within City. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the City, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four (4) years after the City makes the final or last payment or within four (4) years after any pending issues between the City and Contractor with respect to this Agreement are closed, whichever is later. [Remainder of Page Intentionally Left Blank.] 7-~~ C. Annually, at the conclusion of the fiscal year (the "audit year"), Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal year financial audit of the CVTMD finances for the audit year. The audit report shall include aline- item schedule detailing all expenditures, including a comparison of all expenditures with the specific amounts and activities, as proposed in the Annual Report. In addition, the auditshall verify that the activities on which the CVTMD funds were expended during the audit year comply with Street and Highways Code section 36613 and with the MDP. Contractor shall provide a copy of the audit to the City Council each year within 90 days following the end of the audit year. Thus, Contractor shall submit an audit report for fiscal year 2011-2012 by September 30, 2012; an audit report for fiscal year 2012-2013 by September 30, 2013; and an audit report for fiscal year 2013-2014 by September 30, 2014. 15. Documents and Materials. Contractor shall maintain and make available to City for its inspection and use during the term of this Agreement, all documents, materials relating to the CVTMD, including related electronic transmissions and data, that are in its possession or control ("Documents and Materials'). Contractor's obligations shall continue for four (4) years following termination or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the City's last payment to Contractor under this Agreement. 16. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 17. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the CVTMD pursuant to the 1994 Law. Per the 1994 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty-day period following the anniversary of the district's formation, businesses paying fifty percent or more of the assessment file a written protest with the city and a hearing on disestablishment is held. The failure of Contractor to comply with this Agreement shall constitute "malfeasance;' as that term is used in the 1994 Law and, as such, shall be grounds for the City to initiate disestablishment proceedings. Prior to initiating such proceedings, the City shall provide the Contractor with an opportunity to cure, pursuant to section 25. In the event the City disestablishes the CVTMD, Contractor shall be entitled to retain CVTMD revenues only for paying the Contractor's current liabilities of the CVTMD. Pursuant to the 1994 Law, Contractor shall refund to City any remaining CVTMD revenues or any revenues derived from the sale of assets acquired with CVTMD revenues to enable distribution of the revenues to the businesses which paid the assessment. 18. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. 19. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Chula Vista, or the names of the City's officers, directors, employees or agents, 7-12 in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name Chula Vista Tourism Marketing District or City of Chula Vista for regional identification for promotion and marketing of the CVTMD. 20. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties. 21. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the CVTMD Management District Plan adopted by the City Council. No supplement, amendment or modification of this Agreement, except for a duly adapted amendment to the CVTMD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties. 22. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City's prior written approval, and subject to City's sole discretion. A. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. B. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 23. Survival. The obligations of this Agreement, which by their- nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 25. Termination for Cause. If, through any cause, Contractor shall tail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to 7-13 terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen days before the effective date of such termination. Contractor shall have ten days from the notice date to cure the violation(s). Upon a showing of a good faith effort toward curing the violation(s), the City Manager may, in his or her sole discretion, extend the deadline by which the Contractor must cure. Any such extension shall be valid only if in writing and signed by the City Manager, or designee. If Contractor does not cure the violation(s) to the City's satisfaction, City shall be entitled to terminate the Agreement without further notice. In addition, such violation and failure to cure shall constitute "malfeasance;' pursuant to Section 17., above. 26. Attorneys' Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party' shall be deemed to be the party who is awarded substantially the relief sought. 27. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. [Remainder of Page Intentionally Left Blank.] 7-14 City of Chula Vista Ch la a Ckamber o Commerce L,DO-~ gy Sa b C/t James Sandoval (Print Name! ~~ Title: C ^ Title: City Manager Date: /- ~~oCDlo~t Date: 7-15 EXHIBIT A Scope of Services Contractor shall provide the following services: 1. Contractor shall cooperate with City and City staff in the performance of all work hereunder. 2. Contractor will provide projects, programs and activities that benefit lodging establishments within the CVTMD in accordance with the CVTMD Management District Plan attached hereto and any subsequent amendments thereto. 3. Contractor will provide and fund such additional projects, programs and activities to promote tourism in Chula Vista as may be made possible through other non-assessment funding sources. These other funds must be accounted for separately from assessment funds. 4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law") including but not limited to: a. Preparation of the Annual Report required by section 36650 of the Law. The Annual Report shall include any recommended changes to boundaries, the improvements and activities to be provided for that fiscal year, an estimate of cost for providing the improvements and activities, the method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year, the amount of any surplus or deficit revenues to be carried over from a previous fiscal year, and the amount of any contributions to be made from sources other than assessments. The Annual Report shall also include the proposed budget for the upcoming fiscal year, describing the specific activities to be funded by TMD assessments. The proposed budget shall be reported in two formats: (i) by major financial category; and (ii) by activity. The proposed budget shall be in the format set forth in Exhibit B, with additional line items added, if appropriate. The Annual Report shall be filed with the City Clerk and presented to the City Council for approval. b. Seeking and retaining subcontractor(s) to prepare the Annual Report. c. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements. 5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. 6. Subject to the City's approval, Contractor may retain subcontractors to deliver the services herein; however, Contractor shall remain fully responsible for compliance by its contractors with all the terms of this Agreement, regardless of the terms of any agreement between the Contractor and its subcontractor. 7. Annually, Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal year financial audit of the CVTMD finances. The audit report shall include a line-item schedule detailing all expenditures, including a comparison of all 7-16 expenditures with the specific amounts and activities designated in the MDP. In addition, the auditor shall verify that the CVTMD funds were used in accordance with the CVTMD Plan and the Annual Report to the City Council for the fiscal year which is the subject of the audit. Contractor shall provide a copy of the audit to the City Council each year within 90 days following the end of the fiscal year which is the subject of the audit. 7-17 Exhibit B Chula Vista Tourism Marketing District Proposed Budget FY 2011-12 Revenues: Projected Assessments $ - Assessments Carried from Prior Years $ - Total Funds Available FY 2011-12 $ - Expenditures: Personnel Cost: Salaries $ - Benefits $ - Payroll Taxes $ - Total Personnel Cost $ - Off i ce/Administrative Office Supplies $ - Formation Expense $ - Consultants- IndependentAudit S - AttorneyServices $ - City of CV Administrative Support $ - TotalOffice/Administrative $ Adve nisi ng/ Ma rketi ng Reserves/Contingencies TMD Activities Prop. Budget FY 2011-12 List of Activities (ex. Parade of Bands, Star News Advertising- Shop/Dine) Staffinz Funded bvTMD (Example -Graphics Designer) $ - Direct Indirect Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Fundedfrom %Funded TMD Other Chamber Funds 45% 0% Notes: TMD Activities should correlate to Goals & Objectives included in Exhibit B. Direct Costs include expenses incurred for payingvendors, advertising, registration fees etc. supporting TMD activities or improvements. Indirect Cost include personnel, consultant and administrative expenses allocated proportionally based on direct cost or% of time spent on activity' _ ~ B SAMPLE DRAFT 2011-2012 CVTMD Activities Goals & Objectives EXHIBIT B (Cont.) MILESTONES/ # GOAL OBJECTIVES STATUS TARGET Develop Contract for Site and Launch Jan March Done Develop Draft Agreement for Business February April Done participation Coordinate w/City Service Based Effort March to April Done Obtain Board approval and Sign Contract March April Done Train Staff and Launch with contractor April -June In progress, staff trained contact with businesses begun 1 Social Media Program 100 businesses 33%ofgoal achieved Initiate Business contacts and provide 30 postings per 50% of goal achieved sample tweet and Facebook postings businesses per month TMD/ Chamber postings -event, hotel, 40% of goal achieved, Ongoing, restaurant and business support 120 per month Record and Monitor Posting Response Volume and quality J I cc ATTACHMENT A-2. AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES This Agreement for Tourism Marketing District Management services (the "Agreement"), dated is by and between the City of Chula Vista, hereinafter referred to as the "City;' and the Chula Vista Chamber of Commerce, hereinafter referred to as "Contractor;' collectively referred to as the "parties." RECITALS A. The City is a California municipal corporation and charter city; Contractor is a private, non- profitentity. B. In April 2009, the Chula Vista Chamber of Commerce ("CVCC") and the Chula Vista Convention and Visitors Bureau ("CVCVB") submitted to the City a petition and Management District Plan ("MDP") for establishment of the Chula Vista Tourism Marketing District ("CVTMD"j, proposing assessments on all lodging businesses in the City, in accordance with the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600, et seq. (the "1994 Law'). C. On May 12, 2009, the City Council adopted Resolution No. 2009-115, accepting the petition and declaring its intent to initiate proceedings to establish the CVTMD, in accordance with the 1994 Law. D. On July 14, 2009, the City adopted Resolution number 2009-177, hereinafter the "Resolution," establishing the CVTMD, and providing that assessments be levied as described in the MDP. E. Contractor was designated in the MDP as the Owners' Association in accordance with Streets and Highways Code section 36614.5. As a result, Streets and Highways Code section 36651 authorizes the City to contract with the Owners' Association for provision of CVTMD services. F. Under the 1994 Law, funds raised by the CVTMD must be spent for the purposes specified in the Resolution: sales promotions and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other improvements as set forth in Streets and Highways Code §36610; funds cannot be diverted to government programs. G. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement. AGREEMENT Now, therefore, the parties agree as follows: 1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, and Contractor accepts such engagement. 7-20 2. Term. The term of this Agreement shall begin on September 1, 2011 and end on July 31, 2014. If the CVTMD is disestablished prior to July 31, 2014, this Agreement shall terminate on the effective date of CVTMD disestablishment, except as provided in sections 23 and 25. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind. B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor's failure to pay such amounts. C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City. D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City. E. Notwithstanding the foregoing, if the City determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, City may upon two (2) weeks' written notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments. 4. Indemnification. To the maximum extent allowed by law, Contractor shall defend, indemnify, protect, defend and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of its obligations under this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses 7-21 (including without limitations, attorneys' fees) arising from the sole active negligence or sole willful misconduct of the City, its officers, agents or employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. This indemnity shall survive the termination of this Agreement. 5. Insurance. Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by Contractor, its agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the Agreement. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3. Professional Liability or Errors & Omissions Liability insurance appropriate to Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable.) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Workers' Compensation Statutory Employers Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 3. Directors and Officers $500,000.00 each occurrence Liability: 7-22 Deductibles and Self-Insured Retentions Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be "primary" and must not exclude products / completed operations. 2. The contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of Contractor and in no way relieves Contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on aclaims-made form: 1. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of work pursuant to the Agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of work under the Agreement. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the Agreement effective date, Contractor must purchase "extended reporting' coverage for a minimum of five (5) years after completion of work under the Agreement. 7-23 4. A copy of the claims reporting requirements must be submitted to City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than AV. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors For each subcontractor that Contractor may utilize to perform work required by this Agreement, Contractor must include the subcontractor as an insured under its policies, or furnish separate certificates and endorsements for each such subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 6. [Not Used.] 7. Conformity with Law. A. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, Resolutions, codes and regulations. e. If a death, serious personal injury or substantial property damage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the City. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) Name and address of the injured or deceased person(s); (2) Name and address of Contractor's sub-contractor, if any; (3) Name and address of Contractor's liability insurance carrier; and (4) A detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved. C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential 7-24 claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident. 8. Assessments, Costs and Payment. The City shall collect the assessments in accordance with the 1994 Law, the Resolution and the MDP. City shall forward to Contractor all CVTMD assessment funds collected, within thirty-days of collection. The City shall not be responsible or liable for determining the accuracy or adequacy of the amount of funds remitted to the City by the assessees. The City's only responsibility shall be to forward the funds remitted to the Contractor. Contractor shall keep all CVTMD funds separate from all other funds, in order to provide a transparent audit trail. Beginning January 2012, Contractor will pay the City for all actual operational costs associated with services provided by the City to the CVTMD. Those services include: collecting assessments, remitting funds to Contractor and staff time and other resources spent assisting Contractor in preparing and submitting the Annual Report to the City Council ("Standard Services"). The amount billed to Contractor for such services shall be capped at 3 percent of annual TMD revenues received by Contractor for on-going services on a fiscal year basis; it is currently estimated to total $6,300 for January through June 2012. Should the Parties agree that the City will perform additional services for the CVTMD beyond the scope of the Standard Services described in this Agreement, the Contractor will pay the City for the cost of those additional services and the three percent annual cap shall not apply to those services. The City will invoice Contractor quarterly for all City services performed relating to the CVTMD. Contractor shall pay the City in-full, within 30 days of the date of the invoice. If the City does not receive payment within 30 days, the City shall deduct the amount owed from the assessments collected in the following month. The City will then remit the monthly assessments, less any amounts past due, to the Chamber. In the event that bonds are issued pursuant to the MDP, the City and Contractor shall meet and confer to determine how the City's costs shall be allocated. 9. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor's sole responsibility. 10. Conflicts of Interest. Contractor covenants that neither it nor any of its principals or members of its Board of Directors presently has an interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement. The Parties understand that members of Contractors Board of Directors are business owners who will benefit from the services provided by the CVTMD. Such benefit shall not be considered a direct or indirect interest for purposes of this Agreement. Contractor shall comply with all applicable conflicts of interest laws in performing its obligations under this Agreement. 11. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. 7-25 B. First Class Mail: Notice may be mailed first class to the recipient's address, set forth in section 11.E., below, in which case notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt; if it is not confirmed by a return receipt, notice will be effective on the third day after deposit in a United States Postal Service office or mailbox. C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service; if delivery is not confirmed by the delivery service, notice will be effective two days after mailing. D. Facsimile transmission: When sent by facsimile to the facsimile number of the recipient, as provided in section 11.E., below, notice is effective on receipt. However, notice by facsimile can only be effected if: (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on anon-business day. E. Addresses and facsimile numbers for purpose of giving notice are as follows: To City: To Contractor: City of Chula Vista Chula Vista Chamber of Commerce 276 Fourth Avenue 233 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Attn: City Manager 619-420-1269 Fa cs i m i I e: 619-409-5884 12. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented 146CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination. A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race,creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. B. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. E. Contractor shall include the provisions set forth in this Section in each of its subcontracts. ~-26 13. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the same in a location that is reasonably conspicuous, and file copies of same with the City. 14. Audits and Records Access. A. Contractor shall make available to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement of CVTMD assessment funds, and shall furnish to the City, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. B. Contractor shall maintain full and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the City, Contractor shall, upon request of the City, make such books and records available to the City for inspection at a location within City. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the City, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four (4) years after the City makes the final or last payment or within four (4) years after any pending issues between the City and Contractor with respect to this Agreement are closed, whichever is later. [Remainder of Page Intentionally Left Blank.] ~-2~ C. Annually, at the conclusion of the fiscal vear (the "audit vear"1, Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal year financial -audit of the CVTMD finances for the audit vear. The audit report shall include aline- item schedule detailing all expenditures, including a comparison of all expenditures with the specific amounts and activities as proposed in the Annual Report'^•'^^^«^,, ;,. «"^ nnno, In addition, the audit "''~ '~•' *"-+ +"° r~iTnnn F ^a~ ^.+ : ....++.,^^ ..,:«" «" r~irnnn ni .~ " ~ •^~ ~ ~« *^ +"^ r•+•• r ..^~'shall verify that the activities on which the CVTMD funds were expended during the audit vear comply with Street and Highways Code section 36613 and with the MDP F -+"^ F'.,..' •• ••,":^" ~~ «"^ ~ "°^+..F+"^ ^",+~+ Contractor shall provide a copy of the audit to the City Council each year within 90 days following the end of the''_ °! ~" •• ~'~.". ~' +-`"' '- "~°'* ^F+" audit vear. Thus. Contractor shall submit an audit -- ~-- report for fiscal vear 2011-2012 by September 30, 2012; an audit report for fiscal vear 2012- 2013 by September 30 2013 and an audit report for fiscal vear 2013-2014 by September 30, 2014. 15. Documents and Materials. Contractor shall maintain and make available to City for its inspection and use during the term of this Agreement, all documents, materials relating to the CVTMD, including related electronic transmissions and data, that are in its possession or control ("Documents and Materials"). Contractor's obligations shall continue for four (4) years following termination or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the City's last payment to Contractor under this Agreement. 16. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 17. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the CVTMD pursuant to the 1994 Law. Per the 1994 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty-day period following the anniversary of the district's formation, businesses paying fifty percent or more of the assessment file a written protest with the city and a hearing on disestablishment is held. The failure of Contractor to comply with this Agreement shall constitute "malfeasance," as that term is used in the 1994 Law and, as such, shall be grounds for the City to initiate disestablishment proceedings. Prior to initiating such proceedings, the City shall provide the Contractor with an opportunity to cure, pursuant to section 25. In the event the City disestablishes the CVTMD, Contractor shall be entitled to retain CVTMD revenues only for paying the Contractors current liabilities of the CVTMD. Pursuant to the 1994 Law, Contractor shall refund to City any remaining CVTMD revenues or any revenues derived from the sale of assets acquired with CVTMD revenues to enable distribution of the revenues to the businesses which paid the assessment. 18. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. 7-28 19. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Chula Vista, or the names of the City's officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name Chula Vista Tourism Marketing District or City of Chula Vista for regional identification for promotion and marketing of the CVTMD. 20. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties. 21. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the CVTMD Management District Plan adopted by the City Council. No supplement, amendment or modification of this Agreement, except for a duly adopted amendment to the CVTMD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties. 22. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City's prior written approval, and subject to City's sole discretion. A. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. B. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 23. Survival. The obligations of this Agreement, which by their nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 7-29 25. Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen days before the effective date of such termination. Contractor shall have ten days from the notice date to cure the violation(s). Upon a showing of a good faith effort toward curing the violation(s), the City Manager may, in his or her sole discretion, extend the deadline by which the Contractor must cure. Any such extension shall be valid only if in writing and signed by the City Manager, or designee. If Contractor does not cure the violation(s) to the City's satisfaction, City shall be entitled to terminate the Agreement without further notice. In addition, such violation and failure to cure shall constitute "malfeasance," pursuant to Section 17., above. 26. Attorneys' Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 27. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. [Remainder of Page Intentionally Left Blank.] 7-30 City of Chula Vista By James Sandoval Title:_City Manager Date: Chula Vista Chamber of Commerce (print name) 7-31 EXHIBIT A Scope of Services Contractor shall provide the following services: 1. Contractor shall cooperate with City and City staff in the performance of all work hereunder. 2. Contractor will provide projects, programs and activities that benefit lodging establishments within the CVTMD in accordance with the CVTMD Management District Plan attached hereto and any subsequent amendments thereto. 3. Contractor will provide and fund such additional projects, programs and activities to promote tourism in Chula Vista as may be made possible through other non-assessment funding sources. These other funds must be accounted for separately from assessment funds. 4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law") including but not limited to: a. Preparation of the Annual Report required by section 36650 of the Law. The Annual Report, w#icai shall include any recommended changes to boundaries, the improvements and activities to be provided for that fiscal year, an estimate of cost for providing the improvements and activities, the method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year, the amount of any surplus or deficit revenues to be carried over from a previous fiscal year, and the amount of any contributions to be made from sources other than assessments. The Annual Report shall also include the proposed budget for the upcoming fiscal year describing the specific activites to be funded by TMD assessments. The proposed budget shall be reported in two formats• (il by major financial category: and (ii) by activity. The proposed budget shall be in the format set forth in Exhibit B, with additional line items added, if appropriate The Annual Report shall be filed with the Citv Clerk and presented to the Citv Council for approval. b. Seeking and retaining subcontractor(s) to prepare the Annual Report. c. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements. 5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. 6. Subject to the City's approval, Contractor may retain subcontractors to deliver the services herein; however, Contractor shall remain fully responsible for compliance by its contractors with all the terms of this Agreement, regardless of the terms of any agreement between the Contractor and its subcontractor. 7. Annually, Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal yeaz financial audit of the CVTMD finances. The audit report shall include aline-item schedule detailing all expenditures, including a comparison of all expenditures 7-32 with the specific amounts and activities designated in the MDP. In addition, the auditor shall verify that the CVTMD funds were used in accordance with the CVTMD Plan and the Annual Report to the City Council for the fiscal yeaz which is the subject of the audit. Contractor shall provide a copy of the audit to the City Council each yeaz within 90 days following the end of the fiscal year which is the subject of the audit. 7-33 ATTACHMENT B Chula Vista Tourism Marketing District Proposed Budget FY 2011-12 Revenues: Projected Assessments $420,764.49 Assessments Carried from Prior Years $444.80 Total Funds Available FY 2011-12 $421,209.29 Expenditures: Personnel Cost: (Programatic and Administrative) Salaries Benefits Payroll Taxes Office/Formation $195,662.33 $62,476.21 $19,065.04 TotalPersonnel Cost $277,203.58 Business Costs $16,590.85 Formation Expense $50,000.00 Consultants - $0.00 E/O and D/O Insurance $4,583.47 Attorney Services $9,535.00 City of CV Administrative Support $6,300.00 Total Office/Administrative $ 87,009.32 Advertising/Marketing: Parade Band Review Festival $5,000:00 Marketing Collaboration with City of Chula Vista $50,000.00 $ - Total Advertising $ 55,000.00 `-~ . aP:. , nse `:' : t r~i ~ 2i` ' ~ i,",s:= ,i` 419,212.E© Reserves/Contingencies $ 1,996.39 7-34 D Activities Proo. Budget FY 2011-12 Direct Indirect Total Parade Band Review Festival $5,000.00 $5,000.00 Marketing Senior Graphic Designer $50,000.00 $50,000.00 Visitor Center Operations $151,377.52 $151,377.52 Sales and Marketing $ 125,826.06 $ 125,826.06 Office /Administrative $ 87,009.32 $ $ 87,009.32 $ - ~i ta[fpF semi E~cpettse5 Fk~'~,Ol~. 1~ 2~E~~,»~t,.,a~~~s~~~a, w _...u~".~, "; 293;3$6-84~,.:$125;82fi:05 ~ :.~ $439,212.J0'! Staffing City of Chula Vista Senior Graphic Designer CEO General Manager, Chula Vista Convention & Visitors Bureau Manager, Chula Vista Visitors Center Bookkeeper Information Specialist (2 positions) Secretary Funded from Funded TMD Other Chamber Funds 45% 0% 33% 67% 100% 100% 100% 100% 100% 7-35 Goal Objectives Target Status I Partnership with the San I Collaboration with the City of Chula Vista to bring "If ou l / t l th h t i d f ll t I To Council Dec 13, l 2011 li Approved/ 1100% oal Diego Sports Commission y mo e s. e o e s ty an i up ors to our c visi play in Chula Vista, stay in Chula Vista!° i ~ g achieved 2 Annual Pazade Band Review ~ Expand the festival to a 2-day event. Day 1 would be the ~ November 2012 I In Progress/ Community Festival !Parade Band review, and Day 2 would be the Field Band I ~ 50% goal hi d review. Two-day event would invite people to stay in ~ ac eve Chula Vista's hotels/motels and shop and dine in our city. The first yeaz,10 bands competed; the second yeaz, there ' ~, were 21 bands. Goal is 44 competing bands. I ~ 3 c u r e Chula a a ll Current/Ongoing ~, iO~rogress/ e one r one vo Chula V sta fo for d ONVIS of Commerce a Chamb j V s sound" consistent mazketing !multimedia coverage to further mazket the City of Chula ! I complete efforts. ;Vista, i.e. press, radiq television, magazines and promotional ~ material. 4 Work with Hotels/NIotels on ~~ People aze looking for environmentally-friendly places to '', CurrendOngoing i In Progress/ becoming verified Chula Vista ;stay ' I , 13.6% complete CLEAN Businesses. , I , 5 Visitor Information Center I Make the Center a convenient resource for visitors and lik id !, Current/Ongoing 100% complete ' Open 7 Days/Week e. ents a I~ res ~ I (~ Visitors select Chula Vista as ~ Add a phone to make a reservation directlyy with one of a destination and maintain or I Chula Vista's hotels motels (working with ARES). Update I February 2012 ~ (Currently 14 ~, In Progress/ 20°k lengthen the duration of their i hoteUmotel display unit. .hotels/motels are complete stay. i ~i signed up.) ~ '] Fully staff Visitor Center with ~ The ultimate objective is to ensure that the Chula Vista ~ Current/Ongoing 100% C l trained, friendly professional, ~ Visitor Information Center (VIC) and Chula Vista rt d CONVIS) B V omp ete I and bilingual staff: s an suppo ureau ( isitors ~ Convention & 'promotes Chula Vista's sales and mazketing efforts by ~ j responding to visitor inquiries in a professional, friendly j j accurate and timely manner. i i $ Increase mazketing materials The VIC and CONVIS will be able to render valuable from azound the world r i t i it d f i I I~ March 2012/ i On oin I In Progress/ 10% (brochures, flyers, maps, etc.) serv ces o v s o s on an in ormat ~ g g Update materials on a regulaz basis. i and project a positive image while representing the City I of Chula Vista, San Diego County & Port of San Diego. ', ~ complete ~ 9 Providing pertinent j To maximize attendance at all of the attractions, !i Current/Ongoing In Progress/ information via the latest in d h l d ~ accommodations and activities in Chula Vista. ~, i ' 20% ~ complete no ogy an multi-me ia tec cludin i i l k u i j g ng, n maz et so a ~ Facebook,Twitter, and Web. ! Q Provide free Wi-Fi at the 'With the Internet available to visitors, the}' can reseazch i Mazch 2012 ~ Planning Visitor's Center. j and discover what Chula Vista has to offer (hotels/motels, ', 'Stages / 0% ', attractions, restaurants, shopping, etc.) !complete 1I Upgrade/Redesign the '~ That the VIC becomes the primary resource for Chula 'July 2012 Planning CONVIS Website. Vista in order to assist and support local attractions, Stages / 5% concierges, etc. x_36 complete CHULA VISTA CONVENTION &VISITORS BUREAU (CONVIS) GOALS & OBJECTIVES FY 2011 - 2012 COh^/IS ~ TOURlS,~I MARKETING DLSTRICT GOALS 6c 09JEC"EIVES Goal Objectives Target Status Providing optional services ~ To maximize revenue generation through retail sales, ~I Ongoing -~ Planning ' such as access to the Internet and e-mail, and phone cazd 'attractions and tour ticket sales, restaurant reservations and sponsorship opportunities. . Stages / 0% complete vending machine ~ 13 Develop a formal volunteer ~ To further increase Chula Vista's visibility by recruiting, I July 2012 ,Planning ' program. ~ training, scheduling and motivating community volunteers 'I to assist with information dissemination in a friendly and , Stages / 5% 'complete unbiased manner and in a variety of foreign languages. ! 14 Upgrades to items in and A professional, friendly atmosphere will attract more j Feb 2012/Ongoing !, In Progress/ around Visitors Center ~ visitors and families. 'I ~ 50°/o !~ com lete (signage, displays, technology) p 15 Provide a computer and printer i People can book a room, reseazch attractions and print ' Mazch 2012 'Planning / for guest use. promotions or tickets they purchase online. 120% complete 1G Play promotional loopping ~, Videos can include hote]/motel ads, signature events, ~! Current/Ongoing k i '' Planning / lete 50%com videos on overhead TV. nterest. ~ programs, history, etc. to spaz p ~ 17 To get visitors to return to the i ! By making the Center a destination in itself, people will ': Cunent/Ongoing ' i In Progress/ Information Center again and s I, come back more than one time to keep informed ofwhat rtained t b t Vi i Ch l ' 20% com lete again. . ~ o e en e a sta or n u going on p , 18 Host Mixers i Introduce residents and businesses to what the Visitors March 2012 Planning Center has to offer; businesses/restaurants may then want to add their brochures and other appropriate promotional ~ Stages / 10% ~ complete materials to the resource collection. i, j Put in a demonstration gazden ~ Cross promotion of the City's program efforts will help March 2012 ~i Planning and promote environmentally- jour environment, plus provide information to visitors to i ,Stages / 10% duding i b~ nt e te t I complete providing classes (i.e r to reside s he Visitors Cen also increase appeal of j composting, recycling, etc.) 2Q Bi-monthly meetings with ~ By meeting every other month, hotels/motels have an i f d db k f j Current ~ In Progress / 1100% hotel/motel owners/managers or suggest ons an ee ac opportunity to give lan k ti h ;complete . e maz e ng p improvements to t 21 Annual Tourism Marketing , To keep the Council and public informed of goals, progress, Jan 10, 2012 14 2012 A ~ Ongoing rti District presentation to Mayor ~ information, and financials. ug , ~ I repo ng & Council ~i 22 Tie in the arts j Schedule works of azt displays at the Visitors Center and Cunent/Ongoing 'Planning special performances to increase attraction to the center I Stages / 0% (for resrdents and businesses, as well as visitors). ~ complete 23 TMD Minutes and Agendas ~ Monthly updates to the Chula Vista Chamber website 'i Current/Ongoing 1100% available online ~ with up-to-date information for transparency ii ~; complete 24 Accurate records and reporting i p ud fiscal planning to meet all the above I S ~~ i, Current/Ongoing 1100% nd ob~ec complete RESPONSIBLE PARTIES: Lisa Cohen, Chula Vista Chamber of Commerce CEO; Mazcy Weaver, Chula Vista Convention & Visitors Bureau General Manager; ElenaMontano, Chula Vista Visitors Cenl;r ager; Alida Ontiveros, Bookkeeper; Janette Montano, Information Specialist, Selena Lopez, Information Specialist; Kim Schanz, City E a Vista's Senior Graphic Designer ATTACHMENT D CLTY COUNCIL AGENDA STATEMENT ~`~ CITY OF CHULA VISTA NOVEMBER 15, 2011, Item ITEM TITLE: PRESENTATION BY THE CHULA VISTA CHAMBER OF COMMERCE OF A REPORT ON THE OPERATIONS, STRATEGIC GOALS AND OBJECTIVES, AND FINANCIAL REPORT OF THE CHULA VISTA TOURISM MARKETING DISTRICT SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES ~ NO ^X SUMMARY On July 14, 2009 the City Council adopted a resolution that established the Chula Vista Tourism Mazketing District (CVTMD). The CVTMD Owner's Association is required to prepare and submit an annual report to the City Council and the Plan appoints the Chamber of Commerce as the Owner Association. The Chula Vista Chamber of Commerce will present the Annual Report to City Council and be available for questions. Pursuant to the Public Health and Safety Code, staff' has also prepazed a draft agreement for Administration of the CVTMD between the Chamber of Cotmerce and the City for the City Council's review and consideration. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a Project as defined under Section 15378 of the CEQA Guidelines; therefore pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus no environmental review is necessary. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE, ACTING AS THE DESIGNATED OWNERS' ASSOCIATION FOR THE CHULA VISTA TOURISM AND MARKETING DISTRICT, AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION AND IMPLEMENTATION OF ACTIVITIES AND IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN DIRECTOR OF ECO IC DEVELOPMENT CITY MANAGE 7-38 Item No• ~5 Meeting Date: 11-15-11 Page 2 of 5 RECOMMENDATION That City Council accept the report and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Background On July 14 2009, the City Council, Mayor Cox, Deputy Mayor Ramirez, Councilmember Bensoussan and Councilmember Castaneda unanimously adopted the resolution 4-0 that established the Chula Vista Tourism Mazketing District (CVTMD). Typically, a TMD would invest in marketing and promotion to attract additional visitors to local hotels and motels. A TMD might also mazket opportunities for those visitors to use the products and services of additional local businesses all of which contribute to local business prosperity, the creation of jobs and a sustainable local economy that funds local community services. According to the California Property and Business Improvement District Law of 1994, Streets and Highways Code Sections 36600, through section 36671, (the "PBID Law") Business Improvement District (BID) Owners' Associations aze required to prepaze and submit an annual report to the City Council for each year following the first fiscal year of operation of a BID to outline the "improvements and activities," proposed by the TMD in the upcoming year. The CVTMD is in its third year of operation. The Chula Vista Chamber of Cornmerce, acting as the Owners' Association for the CVTMD, has created an annual report (Attachment A) and tonight will deliver the report. An earlier version of the report was delivered to City staff back in June. In response to questions posed by staff and City Council, staff has requested that the TMD Owners' Association include more information regazding the operations, strategic goals and objectives, and a financial report of the CVTMD (Attachment B), as part of the required report to the City Council. Staff has also worked with the TMD Owners' Association to expand Section 2 of the Annual Report to provide City Council and the public with more detail on the goals of the Plan and their progress in attaining those goals. A more formal agreement between the City and the Chamber for TMD management was also required, as more specifically described below. Pursuant to the PBID Law, the City Council may approve the report as filed by the Owners' Association or may modify any section contained in the report and approve it as modified. If the City Council chooses to modify the report, it must comply with the PBID Law public hearing process. Specifically, the Council must: (i) adopt a resolution of intention stating the proposed modifications; (ii) publish the resolution in a.newspaper of general circulation; (iii) mail a copy of the resolution to each business or property owner affected by the proposed modifications; and (iv) hold a public hearing within 90 days after the resolution is adopted. If the modification includes a levy of a new or increased assessment, the Council must comply with more comprehensive notice, protest and 7-39 Item No: frJ Meeting Date: 11-15-11 Page 3 of 5 hearing procedures, pursuant to Streets and Highways Code section 36623 and Government Code section 54954.6. Those procedures include a majority protest process, generally providing that, if written protests aze received from business owners in the district that will pay 50 percent or more of the proposed assessments, the increased assessment shall not be unposed. Under the CVTMD, an assessment of 2.5% is levied on short-term gross room rental revenues for lodging businesses for each day of lodging up to 30 days. All hotels and motels in the City that serve transient occupancies of up to 30 days are subject to the assessment. The CVTMD originally consisted of 23 motel/hotel properties. One property has recently converted to apartments and is no longer part of the District. Any new lodging businesses opening subsequent to the formation of the CVTMD will also be subject to the assessment charges. Currently, there aze no new motel hotels planned at this time. A list of all motel hotels is included as (Attachment C). The CVTMD funds "activities" such as advertising in local and regional publications, participation in professional industry conferences, development of the Convention and Visitors Bureau website and e-newsletter, and the staffing and operation of the Visitor Center. The CVTMD may also fund improvements such as enhancements or changes to the visitor center, signs or other physical structures that contribute to the marketing of the District. Chamber's Report on TMD Finances and Operations For the first yeaz of the CVTMD (Fiscal Yeaz 2010), the total assessments collected totaled $315,442. During this period, the City collected approximately $2.03 million in Transient Occupancy Taxes (TOT). The Fiscal Yeaz 2011 CVTMD budget was projected to be $390,406, and actual revenues and expenditures were $414,347. TOT revenue for the City was approximately $2.05 million. The increase in CVTMD revenue was attributed to the efforts of the CVTMD and the improvement in the overall economy. The relationship between TOT revenues based on 10% and TMD at 2.5% is not exactly a 4:1 ratio because there are a few facilities such as Recreational Vehicle pazks that are subject to TOT but not TMD. For Fiscal Year 2012, the CVTMD budget is $412,823. The TMD Owners' Association and the City anticipate that room nights and average daily room rates will be relatively consistent with the current yeaz. The CVTMD provides for the opportunity to establish a bond to invest TMD funds generated by facilities in Zone 2 (West of I 5), and Zone 3 (Eastern Urban Center - "Millennia") in infrastructure, (Zone Map, Attachment D). There is only one TMD- generating facility in Zone 2 and none in Zone 3. This component of the Plan represents a significant opportunity that should be addressed when TMD facilities aze being proposed for these Zones, particularly when the funds can be applied to infrastructure in the areas that help secure the attraction of a quality facility that complements the community's goals. If Council chooses to establish bonds 2% of the 2.5% TMD assessment from hotels and motels in those Zones would be obligated to pay the assessment until the bond debt is retired. Under those circumstances, the hoteUmotels not the Chamber of Commerce acting as the Owners' Association are obligated to make 7-40 Item No: ~~ Meeting Date: 11-15-11 Page 4 of 5 those payments. If the marketing arm of the District were to disestablish; there would be no obligation by the Chamber of Commerce, acting as the Owner's Association regazding the bond payments, that obligation would remain with the hotel/motels. Proposed Agreement with the TMD Owners' Association The CVTMD is a public financing mechanism proposed, developed and administered by the private sector, specifically by the motel and hotel operators that make up the members of the business improvement district and appointed the Chamber as their Owners' Association. The PBID Law provides for the City to enter into an agreement with the PBID Owners' Association. The TMD Plan adopted by the Hotel and Motel owners identifies the Chamber of Commerce as the Owners' Association. Council unanimously approved the formation of the CVTMD under the Plan that was presented by the Chamber of Commerce and hotel and motel operators in July 2009 (Attachment E). The Chamber has been the Owners' Association since the TMD was formed however, to date, the City and the Chamber have not entered into a formal, written agreement with respect to the services and duties of the Owners' Association. Staff has been in negotiations with the Chamber representatives regarding the terms of such an agreement for the past few months. Tonight, staff is requesting that the City Council approve the proposed Agreement, between the City and the Chamber of Commerce acting as the Owners' Association to administer the improvements and activities described in that Plan. The Agreement formalizes the relationship between the City and the Owners' Association established through the CVTMD Plan that was approved by Council in July 2009. The Agreement provides for minimum levels of insurance, indemnification, compliance with local, state and federal regulations, taxes, employment regulations and an independent audit. The proposed Agreement also provides for an Administration Fee to fund the City Finance Department's costs to perform TMD operations related to the collection and transmittal of CVTMD taxes collected by the City to the Owners' Association, collection follow-up, the annual review of the report to City Council, response to public information requests, and responding to inquiries from the Owners' Association and other parties. Staff and the Owners' Association have mutually agreed that an annual independent audit of the TMD will be conducted in each year, beginning next year for this fiscal yeaz. As a result, the proposed Agreement before Council includes the requirement of an annual independent audit. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURREN~'I' YEAR FISCAL IMPACT Beginning in Januazy of this fiscal yeaz, the TMD Owners' Association will be reimbursing the City for the operational costs of assisting the TMD with collecting and remitting TMD fees from local hotels and motels at a rate of approximately $6,300 for the remainder of the fiscal yeaz. Therefore as a result of this action there will be a small positive fiscal impact to the City's general fund in this current fiscal year. Since the 7-41 Item No: ~ "~ Meeting Date: 11-15-11 Page 5 of 5 CVTMD was established, the TOT revenue in the last reportable fiscal year 2010 has increased by approximately $200,000. Additionally, the public-private partnership between the Chamber of Commerce/CVTMD and the City has made it possible to retain a senior graphic designer that serves both agencies and helps maintain a high quality and consistency of message design at a lower annual cost to each agency. ONGOING FISCAL IMPACT As a result of this action, the City will be reimbursed for any costs associated with collecting and remitting TMD fees through the remaining term of the TMD Plan. Therefore, there will be a small positive fiscal impact to the City's General Fund over the next three years. Furthermore, a successful CVTMD effort will foster a higher occupancy rate that will in turn generate greater Transient Occupancy Taxes, as well as sales tax increases and local jobs creation associated with higher volume of visitor stays and purchases during those stays. Therefore, an increasingly successful CVTMD would result in a positive impact to the General Fund in future fiscal yeazs. ATTACHMENTS A. Chula Vista Tourism and Marketing District Annual Report B. CV Convention and Visitors Bureau Strategic Plan & Financial Report C. Hotel /Motel List D. TMD Zone Map E. CVTMD Management District Plan Prepared by: Michael T. Meacham, Director of Economic Development and Craig Ruiz, Principal Economic Development Specialist H:\Economic Developmenf+Agenda Statemcnts\Chambcr TIvID\Drft CAS TIvID Annual Rprtclnl 1-8-1 l.doc 7-42 Attachment A Chula Vista TBID Year Two Annual Report July 15, 2010- July 14, 2011 Annual report from the 1994 Act. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments aze to be levied and collected to pay the costs of the improvements-and activities described in the report The owners` association's nrst report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by nazne, specify the fiscal year to which the report applies, and, with respect to that fiscal yeaz, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in azry benefit zones or classification of property or businesses within the district. No Change. (2) The improvements and activities to be provided for that fiscal yeaz. Sales end Marketing programs and activities will be designed to attract overnight groups. These activities may include: • Lead Generation Trade Shows • Sales Blitzes Familiarization Tours • Advertising Collateral • Marketng Programs • Local Property V"tsits • Director of Sales A1ee8ngs General Manager Meetings Professional Industry Communications and Public Relations activities and services will build greater awareness of the Chula Viata businesses and the Chula Vista region as a tourism, meeting, nud event desdnaGoa. These activities may include: • Public, Community and Media Relations • Familixrizations Tours CVB Events • Membership Solicitation/Maintenance • Local Trade Shows and Events • CVB Web Site and Electronic Newsletter • CVB Newsletter Speaking Engagements • Visitor Information! Servicing • Staffing Casts 7-43 (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. See attached documents: 1} Chula Vista Tourism Marketing District Annual Budget Year Two. 2) Chula Vista Tourism Marketing District Year Two Actual July 15, 2010 - July 2011 (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center (Millenia). Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urbam Center. The Eastern Urban Center is bound by State Route 1Z5 to the west, Birch Road to the north, Eastlake Parlrnay to the east and the future extension of Hunte Parlrnay to the south. Bonds may be issued in Zone 2 and Zone 3. L7 Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bondsf Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal yeaz. $444.80 surplus will be carried over. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. None. (c) The city council may approve the report as filed by the owners' association or may modify any particulaz contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that wotild impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on auy bonds issued on behalf of the district. Respectfully submitted by; Lisa Cohen CEO, Chula Vista Chamber of Commerce. Signature & Date Page 2 7-44 Year Two Meetings and Programs to Market the City of Chula Vista as a Premier Destination Monthly MeetlnAs Monthly Mixers/Tradeshow MonthlyVCN Meetings Every other month Hotel Motel Meetings Monthly Education Committee Meetings MonthlyTMD Board Meeting Meetine/Events Attended South County EDC Tourism meetings Harbor Days Mexport Ribbon Cuttings Centennial Event Mayor's October 15th 2011 Planning meetings Parade Band Review Event November 11, 2010 Centennial Event Parade Band Review Planning meeting for 2011 attend and spoke at SANDAG meeting to support their purchase of SR125 Attended and spoke at State Lands Commission to support Land Swap for Bayfront Master Plan Support in disseminating information on events for the City of Chula Vista, County of San Diego and the Port of San Diego meeting with Port of San Diego for Collaboration in Marketing our City Other Proerams Visitor Center open 7 days a week to the public Twitter Collaborative meetings with Buck Martin for San Diego Sports commission and Chula Vista Sports Alliance Met with City Manager and City's Marketing firm High Beam for Collaboration Meetings to assist National City in setting up their TMD Visitor center research met with Oceanside, San Diego, Balboa and Coronado for input and ideas Meeting with Director of Economic Development Michael Meacham on reporting and collaboration Produced annual City Map Produced map for Hotels to hand out to visitors Annual Business Directory on line Panomatics 360 virtual tour updated city website for visitor information updated CONVIS website for visitor information updated Chula Vista Chamber for visitor information v7 I r Placed Ads in The California Official Visitor Guide, Star News and My Hometown Chula Vista Magazine Attachment B Chula Vista Convention & Visitors Bureau Strate>=ic Plan Mission: The Chula Vista Convention & Visitors Bureau focuses on developing Chula Vista as a destination city by generating and promoting tourism, while expanding and attracting visitors to our community. Vision: It is our vision to create a Visitor Center office that represents an International Visitor Information Center using the latest in technology and an interactive environment, to welcome and assist guests from all over the world. Goal: Partner with The City of Chula Vista to create a visitor center in a central, visible, high traffic, street level, accessible location in the City of Chula Vista. Provide a site for public outreach for the community of Chula Vista and our visitors. Create an atmosphere which promotes our city as a great place to live, work and play...Catch the Spirit! We want visitors to: • Select Chula V ista & San Diego County as a destination; • Feel welcomed, informed and educated so they take full advantage of Chula Vista attractions, accommodations, dining and shopping, as well as current scheduled entertainment, activities and events; • Treat the Visitor Information Center (VIC) as an attraction- the window to the restof their stay- a destination in itself • Maintain or lengthen the duration of thew stay; - • Say "WOW!" & consequently promote the City of Chula Vista through positive word-of-mouth; • Return to Chula Vista and its attractions often. Objectives: I. The ultimate objective is to ensure that the Chula Vista Visitor Information Center {VIC) and Chula Vista Convention & Visitors Bureau (CONVIS) supports and promote Chula Vista's sales and marketing efforts by responding to visitor inquiries in a professional, friendly, accurate and timely manner. The VIC and CONVIS will render valuable information services [o visitors from around the world and project a positive image while representing the City of Chula Vista, San Diego County & Port of San Diego. 2. To maximize attendance at all of the attractions, accommodations and activities in Chula Vista and San Diego County by providing pertinent information via the latest in multi-media technology as well as through La Jolla & San Diego Official Visitor Guides, brochures, maps and promotional materials for guests visiting the Chula Vista VIC and Chula Vista CONVIS. 3. That the VIC becomes the primary resource for Chula Vista in order to assist and support local attractions, concierges, etc. 4. To maximize revenue generation through retail sales, attraction and tour ticket sales, restaurant reservations and sponsorship opportunities; and optional services such as access to the Internet and a-mail, phone card vending machine, travel books, visitor sundries and souvenirs. 5. To further support a team of volunteers by continuing to develop a formal volunteer program that includes recruitment, training, scheduling and motivating community volunteers to assist with infomtation dissemination in a friendly and unbiased manner and in a variety of foreign languages. 6. Collaborate with the City of Chula Vista, the Chula Vista Chamber of Commerce and CONVIS for multimedia coverage to further market the City of Chula Vista, i.e. press, radio, television, magazines and promotional material. Chula V ista CONVIS Strategic Plan 7-46 In order to successfully achieve [be Vision, Goals and Objectives listed above; there are three categories which must be addressed. ._ 1. Internal space needs 2. External location needs 3. Resources 1. INTERNAL SPACE NEEDS: walk-in center 1200 sq. ft. Public Space: • Reception area • Signage in several languages and for people with various disabilities • Counter space • Professionally designed information and interpretive displays for [he City of Chula Vista, San Diego County and Port. • Pleasing graphics that depict the City of Chula Vista and San Diego County • Interactive displays, videos, kiosks with information and scenes re: Chula Vista and San Diego County • State of the art information retrieval systems (example, CD's with headphones and/or video screens to view/listen to information of Chula Vista; (virtual reality) • Internet access for visitors to send/receive a-mail • Retail sales area and gift shop • Postage stamp vending machine • Attraction & tour ticket sales azea • Brochure distribution racks • Public phones, including one for the hearing impaired (TDD) • Regional locator map and public transportation map displayed for viewing • Wall space and backlit display space to lease for advertising purposes • Thematic decor, ambiance to coordinate with Chula Vista and San Diego Convis advertising and promotional themes- carry out the Chula Vista "brand." • Welcoming decor- banners, flags, displays, maps, light and bright, a visual experience, "We're glad you aze here" • Accessible features for travelers with disabilities • Pu61ic restrooms for each gender, families and people with disabilities as well as daily custodial services (this will depend on location and public restrooms in the azea) Behind the Scenes • Office space for supervisor and staff with bookcases, file cabinets,~computers, phones and desk space for volunteers • Space for office machines: fax, copier, postage machine, printers, telephone and voice mail equipment • Wiring for computers, internet, phone lines • Storage for visitor guides, brochures, office supplies, promotional items, retail items, cleaning equipment, light bulbs, historical records • Break room- with refrigerator, microwave, coffee, sink, lockers for staff, water cooler • Restrooms for staff • Coat rack • Cash register and built in safe • Phone system that interfaces with Chula Vista CONVIS • Appropriate heating and air conditioning 2. EXTERNAL LOCATION NEEDS: Chula Vista CONVIS Strate_eic Ptan 7-47 • Central Chula Vista location • Access to public transportation • Ground floor, street level, drive by access • Attractive azchitectural design • parking area/ arrangements For staff & volunteers • Several 15 minute free pazking places for visitors wanting to "run in & pick up a guide" and /or metered and validated parking areas • Fayade and front entrance facing major street- currently E Street • Neon signs and directional signs (in several languages or international symbol signs) from freeways and major arteries, to attract visitors to Visitor Center (and subsequently, Chula Vista businesses) • Well lit -create sense of"safety" for azea • 24-hour security • 24 hour information available via direct dial phones on exterior of visitor center and or electronic visitor information kiosk • Area for leased coffee cart operation Revenue Sources/ Customer Service/ Retail Sales • Sell tour and attraction tickets • Sell Chula V ista t-shirts, sweatshirts, caps, bags, logo items • Sell transit ticketl passes • Museum tickets/ Balboa Park passport • Souvenirs • Sundries, film, suntan lotion • Postcazds, videos • Maps • Souvenv penny machine with Chula Vista and San Diego scenes • Phone cazd vending machine • Sell sponsorship space • Multilingual staff, guides, information resources • Accommodation and/or restaurant reservation service • Advertising panel with dedicated phone lines for self service reservations and info • Mexican insurance lease space - • Services/ business center o Public phones- including for the deaf o Place to sit and go through information they have gathered o Change machine o Stamps o Access to intemet and to pick up their e-mail o Currency exchange lease space 3. CONVIS/ VIC RESOURCES: • Bilingual staff with a combined total of 15 yeazs of visitor center experience • Establish a volunteer program with dedicated, knowledgeable, trained volunteers • Establish a motel association to bring together motel/hotel owners and managers and the City of Chula V ista Police Department and City Code enforcement to work on raising the baz (work on increasing AAA ratings) • Proven methods of information dissemination • Recognized "hospitality training" programs for high school, college • Regional, national and international mazketing opportunities Chula Vista CONVIS Strategic Plan 7-48 FUNDING AND MANAGEMENT RECOMMENDATIONS: I. Tourism Marketing District TBID, The City of Chula Vista and TAVA PBID and sponsors share operating and staffing costs. 2. Cost recovery revenue is obtained through the channels listed previously. 3. Chula Vista CONVIS and the City of Chula Vista work together to obtain a major corporate sponsor (i.e. Airlines, American Express Travel, etc) 4. The Center be managed and operated by the Chula Vista Chamber of Commerce The Chula Vista Visitor Information Center (VIC) plays a crucial role within and for our City. In many instances they are the first and final link in Chula Vista's Mazketing Plan- service to the Visitor. By utilizing San Diego's aggressive advertising campaign, we will amact the visitor and then responsible for providing friendly and hospitable service. The happy visitor is the repeat visitor. Our Chula Vista Visitor Center is a site for public outreach for Chula Vista businesses, providing the fundamental visibility and accessibility to travelers and residents alike to the City of Chula Vista. Chula Vista COVVIS Stratesic Ptan 7-49_ Chula Vista Tourism Marketing District Year Two Actual July 2010 -June 2011 Services Descriptions Provided SALES and MARKETING Sales and Mazketing programs and activities will be designed to attract overnight groups. These activities may include: • Lead Generation • Trade Shows • Sales Blitzes • Familiazization Tours • Advertising • Collateral • Marketing Programs • Local Property Visits • Director of Sales Meetings • General Manager Meetings • Professional Industry Conferences /Affiliation Events • Staffing Cosu COMMUNICATIONS and PUBLIC RELATIONS Communications and Public Relations activities and services will build greater awareness of the Chula Vista businesses and the Chula V ista region as a tourism, meeting, and event destination. These activities may include: • Public, Community and Media Relations • Familiarizations Tours • CVB Events • Membership Solicitation /Maintenance • Local Trnde Shows and Events • CVB Web Site and Electronic Newsletter • CVB Newsletter • Speaking Engagements • Visitor Information /Servicing • Staffing Costs Total $186,339.70 $226,563.23 ADMINISTRATIVE/OPERATIONS $1,000.00 • Office Administrative/Operational Expenses • Legal/Accounting • Staffing Costs Contingency /TMD Renewal (5%) $444.80 This prudent fiscal reserve is to buffer the organization for any unexpected revenue changes and/or allow the District to fund TMD modification and/or renewal costs. - - Total Tourism Marketin District Actuals $414,347.73 7-50 Chula Vista Tourism Marketing District Annual Budget, Year Two Services Descriptions Provided SALES and MARKETING Safes and Mazketing programs and activities will be designed to attract overnight groups. These activities may include: - • Lead Generation • Trade Shows • Sales Blitzes • Familiazization Tours • Advertising • Collateral • Marketing Programs • Local Property Visits • Director of Sales Meetings • General Manager Meetings • Professional Industry Conferences /Affiliation Events • Staffing Costs COMMUNICATIONS and PUBLIC RELATIONS Communications and Public Relations activities and services will build greater awazeness of the Chula Vista businesses and the Chula Vista region as a tourism, meeting, and event destination. These activities may include: • Public, Community and Media Relations • Familiarizations Tours • CVB Events • Membership Solicitation /Maintenance • Local Trade Shows and Events • CVB Web Site and Electronic Newsletter • CVB Newsletter • Speaking Engagements • Visitor Information /Servicing - • Staffing Costs ADMINISTRATIVE/OPERATIONS • Office Administrative/Operational Expenses • LegaVAccounting • Staffmg Costs Contingency / TMD Renewal (5%) This prudent fiscal reserve is to buffer the organization for any unexpected revenue changes and/or allow the District to fund TMD modification and/or renewal costs. "Total $167,239.64 $220,160.92 $1,000.00 $2,005.6S Total Tourism District Budget $390,406.2 7-51 Chula Vista Tourism Marketing District Annual Budget, Year Three Services Descriptions Total Provided SALES and MARKETING $159,882.28 Sales and Mazketing programs and activities will be designed to attract overnight groups. These activities may include: - • Lead Generation • Trade Shows • Sales Blitzes • Familiarization Tours • Advertising • Collateral • Mazketing Programs • Local Property Visits • Director of Sales Meetings • General Manager Meetings • Professional Industry Conferences /Affiliation Events • Staffing Costs CONIMUNICATIONS and PUBLIC RELATIONS Communications and Public Relations activities and services will build greater awazeness of the Chula Vista businesses and the Chula Vista region as a tourism, meeting, and event destination. These activities may include: • Public, Community and Media Relations • Familiazizations Tours • CVB Events • Membership Solicitation /Maintenance - • Local Trade Shows and Events • CVB Web Site and Electronic Newsletter • CVB Newsletter • Speaking Engagements • Visitor Information /Servicing • Staffmg Costs ADNIINISTRATIVE/OPERATIONS • Office Administrative/Operational Expenses • LegallAccounting • Staffing Costs Contingency / TMD Renewal (5%) This prudent fiscal reserve is to buffer the organization for any unexpected revenue changes and~or allow the District to fund TMD modification and/or renewal cosu. Total Tourism District $250,865.76 $1,000.00 $1,075.8 $412,823.9(_ 7-52 November 9, 201 I The Honorable Mayor and Council Members City of Chula Vista Dear Mayor and Council Members, I am writing to inform you that for the period beginning with the inception of the Chula Vista Tourism Mazketing District ("CVTIvID") through June 30, 2011, the Chula Vista Chamber of Commerce, in its capacity as the Owners' Association of the CVTMD, has received $ 693.487.39 in CVTMD assessments ("Revenues"); and that those Revenues were expended in accordance with the Property and Business Improvement District Law of 1994, the CVTMD Management District Plan, and the Annual Reports previously submitted to the City Council. I certify that, to the best of my knowledge, the facts contained herein are accurate and thafthere is no material omission. This letter has been approved by resolution of the Chamber's Board of Directors. The Board authorized me to send this letter acting on behalf of the Chamber, in its capacity as the Owners' Association. If you have any questions, please do not hesitate to contact me. Sincerely, Lisa Cohen CEO Chula Vista Chamber of Commerce Mobile (619) 341-4313 lisalcr~chulavistachamber.or¢ 233 Fuurth ?.venue Chuia ~is;a, CA' 9 :U.b603 tax 6L°.42D.L59 ~~~^'~''~~= ~~ s.na:< ~~D~'? `~~-53 9:J0 AM 11/10/11 Accrual Basis Type Date 100 Tourism Marketing District 101 TMD Assessment Deposit 7/15!2010 Deposit 8/12/2010 Deposit 9/10/2010 Deposit 10/8/2010 Deposit 11/5/2010 Deposit 12/10/2010 Deposit 1/14/2011 Deposit 2/22/2011 Deposit 3/14/2011 Deposit 4/BI2011 Deposit 57912011 Deposit 6/13/2011 Total 101 TMD Assessment Total 100 Tourism Marketing District TOTAL Chula Vista Tourism Marketing District Transaction Detail By Account July 2010 through June 2011 Num Name Memo Clr Split 447893 City Of Chula Vista TMD ... T.M.D Acc# 1... 448712 City Of Chula Vista TMD ... T.M.D Acc# 1... 449501 City Of Chula Vista TMD ... T.M.D Acc# 1... 450257 Cily Of Chula Vista TMD ... T.M.D Acc# 1... 451171 City Of Chula Vista TMD ... T.M.D Acclt 1... 452252 City Of Chula Vista TMD ... T.M.D Acc# 1... 452906 Cily Of Chula Vista TMD ... T.M.D Acc# 1... 454225 City Of Chula Vista ~ TMD ... T.M.D Acc# 1... 454752 City Ot Chula Vista TMD ... T.M.D Acc# 1... 455422 City Of Chula Vista 7MD ... T.M.D Acc# 1... 456136 City Of Chula Vista TMD ... T.M.D Acc# 1... 457081 Cily Of Chula Vista TMD ... T.M.D Acc# 1... Amount Balance 36,303 .13 36,303. 13 37,491 .05 73,794. 18 61,048 .19 134,842. 37 44,724 .23 179,566. 60 33,993 .27 213,559. 87 32,047 .50 245,607. 37- 27,255 .41 272,862. 78 30, 525 .11 303, 387. 89 22,286. 14 325,674. 03 19,718 .18 345,392. 21 33,073. 19 378,465. 40 35,882. 33 414,347. 73 414,347. 73 414,347. 73 414,347. 73 414,347. 73 414,347. 73 414,347, 73 to r Paye 1 Chula Vista Tourism Marketing District s:o9 AM Transaction Detail By Account 11/10/11 July 2009 through June 2010 Accnral Basis Type Date Num Name Memo Clr Split Amount Balance 100 Tourism Marketing District 101 TMD Assessment Deposit 10/9/2009 439938 City O(Chula Vista TMD ... T.M.D Acc# 7... 2,839.64 679 90 6 2,839.64 9,519.54 Deposit 10/15/2009 440269 Cily Oi Ghula Vista TMD ... T.M.D Acc# 1... D Acc# 1 M T . , 33,916.73 43,436.27 Deposit 10115/2009 440269 Cily Of Chula Vista TMD ... TMD ... . . D Acc# t... T M 29,541.86 72.978'13 Deposit 11/20/2009 441191 ... City Of Chula Vista TMD . . D Acc# 1... T M 27,892.19 100,870.32 Deposit 12/17/2009 441962 ... City Of Chula Vista TMD i . . T.M.D Acc# 1... 12,514.53 113,384.85 Deposit 1/15/2010 442584 ... sta Cily Of Ghula V TMD i T.M.D Acc# 1... 11,768.92 125,153.77 Deposit 1125/2010 442866 ... sta City Of Chula V TMD D Acc# 1... M T 24,762.62 149,916.39 Deposit 2/1112010 10/2010 443378 444293 ... City Of Ghula Vista Cily Of Chula Vista TMD ... . . T.M.D Acc# 1... 27,124.50 177,040.89 Deposit Deposit 3/ 4113/2010 .444960 City Of Chula Vista TMD ... T,M.D Acc# 1... 26,155.09 203 90 5 203,195.98 399.86 208 Deposit 5/13/2010 446076 Cily Of Chula Vista TMD T.M.D Acc# 1... Acc# 1 D T M . , 381.28 36 , 244,781.16 Deposit 5/13/2010 A46016 City Of Chula Vista TMD ... TMD ... . . . D Acc# 1... M T , 33,863.50 278,644.66 Deposit 617512010 446928 ... City Of Chula Vista TMD . . D Acc# 1... T M 495.00 279,139.66 Deposit 6/15/2010 446328 ... Cily Of Chula Vista . . 279,139.66 __. 279,139.66 Total 101 TMD Assessment 279,139.66 279,139.66 Total 100 Tourism Marketing District - 279,139.66 279,139.66 TOTAL ~ I t~ Page 1 CHULA VISTA CHAMBER OF COMMERCE A RESOLUTION OF THE CHULA VISTA CHAMBER OF COMMERCE (CVCC) BOARD OF DIRECTORS AUTOHORIZING THE CVCC CEO TO SEND A LETTER TO THE CITY REGARDING ASSESSMENTS AND EXPENDITURES RELATED TO THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) WHEREAS; the CVTMD was formed pursuant to the Property and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq., ("PBID Law"), and WHEREAS, the CVCC was designated as the "Owners Association" of the CVTNID pursuant to California Streets and Highways Code Section 36614.5, and WHEREAS, the City has requested assurances from the CVCC regazding assessments and expenditures and requested this resolution from the CVCC Boazd of Directors; NOW THEREFORE BE TT RESOLVED the CVCC does hereby resolve, determine and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The CVCC authorizes the CVCC CEO to send a letter to the City of Chula Vista informing the City (1) the amount of assessment revenues received since the inception of the CVTMD, and (2) that those revenues were expended in accordance with the PBID Law, the CVTMD Management District Plan, and the Annual Reports. PASSED AND ADOPTED at a regular meeting of the Chula Vista Chamber of Commerce Boazd of Directors, State of California, held on this _9_ day of November , 2011 by the following vote: AYES: 14 NOES: N/A ABSENT:7 ABSTAIN: N/A 7-56 Attachment C Chula Vista Lodging Bay Breeze Inn. 8~ Suites .' Harbor View Motel 692 H Street 1089 Broadway Bay Cities Motel Highway fnn 864 Broadway 70 Broadway Best Choice inn La Quinta Inn 778 Broadway 150 Bonita Road Best Western, Chula Vista Motet 6 946 Broadway 745 E Street Best Western;:South Bay Palomar lnn 710 E Street 801 Palomar St Best Western Plus, Otay Valley Hotef Palomar Motel 4450 Main Street 1160 Walnut Ave Big 7 Motel Ramada Inn San Diego South 333 Broadway 91 Bonita Road Comfort Inn S Suites Riviera Motel 632 E Street 372 Broadway Days;lnn Travellnn 699 E Street 394 Broadway EI Primero Boutique and Hotel Travelodge Suites : 416 3rd Avenue 235 Woodlawn Ave Good Nite Inn Vagabond Inns'. 225 Bay Blvd. 230 Broadway 7-57 C Ul L m Q Clty of San Dlego Swealwaler Reservoir County of San Dleao " I . ao Ola}. h Rese~ ~~~: San Diego eay Olay L ndfill County of San Dleg~ 0 T Clty of San Dle~o Attachment E CI~U]C:A ~'~STA'I'~fUR1SM MAI2K~TIl~tiG DISTRICT MA~iAGEM~,l~TT DISTRICT ~I..Al~d Submitted to the Chula Vista Chamber of Commerce And the Chula Vista Convention and Visitors Bureau Aprit 28, 2009 by Downtown Resources ~~~ ~ I ~~ • • 7-59 CHULA VISTA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW ..............................:............................................2 II. WHY A TOURISM MARKETING DISTRICT FOR CHULA VISTA? .......................4 III. WHAT IS A TOURISM MARKETING DISTRICT? ....................................................5 N. CHULA VISTA TOURISM MARKETING DISTRICT BOUNDARY ........................6 V. SERVICE PLAN AND BUDGET ..................................................................................7 VI. TOURISM MAKERTING DISTRICT GOVERNANCE .............................................10 APPENDIX 1 -THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 ..............................................................................................................1 1 APPENDIX 2 -LODGING BUSINESSES TO BE ASSESSED WITHIN CHULA VISTA TMD .........................................................................................................................................21 Chula Vista Tourism Marketing District Management District Plan Page 1 ~-60 I. Ii~iTR43I~~7CTiOlL Ai~ID C+VERE"tE~V Developed by the Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB), the Chula Vista Tourism Mazketing District (CVTMD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Chula Vista lodging businesses, and to pay. for capital infrastructure west of Highway 5 and within the Eastern Urban Center. This approach has been used successfully in other destination azeas throughout the country to improve tourism and drive additional room nights. Location: The proposed CVTMD includes all lodging businesses located within the boundaries of the city of Chula Vista. Services: Mazketing and sales promotions to increase tourism and to market Chula Vista as a tourist, meeting and event destination. Budget: The total CVTMD budget for year one of its five (5) year operation is a base of approximately $650,000. Cost: Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone I shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Parkway to the east and the future extension of Hunte Pazkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. Tn Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. Formation: TMD formation requires submittal of petitions from lodging businesses representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners will receive notice of the public hearing by mail. If there is a majority written protest, the TMD will not be formed. Chula Vista Tourism Marketing District Management District Plan Page 2 7-61 Duration: The proposed District CVTMD will have afive-yeaz life. The assessments used to repay bond debt shall have a term of 30 yeazs. The CVTNID assessment will be implemented beginning July 15, 2009. Once per yeaz there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. Chula Vista Tourism Marketing District Management District Plan Page 3 ~-62 fd, ~'~~' .~l T+t~iil2ISltiT ]4'[Ad2d~:ETTi\~G I'iIS'TRdCT F'(3d2 CFiUT.A VIST?.? There aze several reasons why now is the right time to form a Tourism Mazketing District in Chula Vista; the most compelling reasons are as follows: 1. The Need to Increase Occupancy The formation of the CVTMD is a proactive effort to provide supplemental funding beyond that provided by the City of Chula Vista. The funding enswes the CVCC and the CVCVB have adequate financing for the investment required to increase occupancy in the lodging industry and reach competitive in the conference segment of the tourism mazket. The investment will cover an expanded mazketing and promotional budget needed to reach this mazket segment. 2. An Opportunity for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public/private funding for the CVCC and the CVCVB, annual occupancy rates should increase significantly as the new mazketing and sales promotion programs aze implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The formation of a CVTMD in partnership with the CVCC and the CVCVB creates a stable funding source tied duectly to tourism promotion 3, The Ability to Grow the Economy without Substantial Development The CVCC and the CVCVB expect to achieve the above levels of revenue growth without a proportionate increase in the "footprint" of the tourism industry infrastmctwe. Little or no development should be required to raise average occupancy rates. Any development required to raise occupancy rates even more should be relatively minor in scope compazed to the existing facilities. Q, The Opportunity to Fund Infrastructure West of Highway 5 and within the Eastern Urban Center The CVTMD will utilize 2% of the total gross revenues to repay a capital infrastructure bond. These bond monies will be used to construct needed improvements west of Interstate 5 and within the Eastern Urban Center. Chula Vista Tourism Marketing District Management District Plan Page 4 7-63 III. 4VIIAT I*u~ A TOLTRISII'4IAI2Is'ETItiG DISTRICT? Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. Tourism Marketing Districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a TMD, and those funds aze used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District services may include, but are not limited to: - Operation of the Chula Vista Visitor Information Center - Marketing of the Area - Tourism Promotion Activities - Sales Lead Generation - Infrastructure Financing In California, Tourism Mazketing Districts are formed pursuant to the Property and Business Improvement District Law of 1994 (PBID Law). This law allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key dfference between TMDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district. There are many benefits to Tourism Marketing Districts: - Funds cannot be diverted for other government programs; - Tourism Marketing Districts are customized to fit the needs of each tourism district; - They allow for a wide range of services, including those listed above; - Tourism Marketing Districts aze designed, created and governed by those who will pay the assessment; - The statute requires petition support from lodging businesses paying over 50% of the annual proposed assessments; - They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 (AB 3754), as amended January 1, 2009, is provided in Appendix 1 of this document. Chula Vista Tourism Marketing District Management District Plan Page 5 7-64 l~%. C~II.?LA V'7STA TR1~ E$Olil\TE?A12.Y' The Chula Vista TMD will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the city of Chula Vista. Chula Vista Tourism Marketing District Management District Plan Page 6 7-65 The boundary currently includes 23 lodging business. Please see the map below. A lazger map is available on request by calling (619) 420-6603. SERV7C1/ PL:~iN AND BI.;DGFT A. Assessment The Tourism Marketing District annual assessment rates aze based upon 2.5% of gross short term (stays less than 31 days) room rental revenue per night for hotels or motels. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on benefits received, stays at RV pazks and campgrounds within the boundaries of the CVTMD shal] not be assessed. Bonds may be issued. The amount of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State taw provides that the expenses of the district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particular and distinct benefit over and above general benefits conferred on the public at large. Conversely, a general benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from the improvement, activity or service to be provided by the assessment levied. Many general benefits to the public at large aze conveyed by municipal services, such as fire protection, police services and public transit services. These services aze tazgeted to serve the public at large and do not confer special benefits on particular businesses. The services in this Management District Plan aze designed to provide tazgeted services to lodging businesses. These services are tailored not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g, the proposed activities are specifically targeted to increase room nights for assessed lodging businesses within the boundaries of the District, and aze narrowly tailored. TMD funds will be used exclusively to benefit the assesses. The activities paid for from assessment revenue aze lodging business services creating special benefit to those businesses. In addition, these activities are not for the benefit of the general public and do not provide general benefit as defined above. All general benefits (if any) to the surrounding community and general public are intangible and unquantifiable. It is appropriate that these special business-related benefits be funded through business assessments. C. Time and Manner for Collecting Assessments The CVTMD assessment will be implemented beginning July 15, 2009 and will continue for five yeazs. The assessments used to repay bond debt shall have a term of 30 years. The City of Chula Chula Vista Tourism Marketing District Management District Plan Page 7 ~-66 Vista will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located iti that the boundaries of the TMD. Assessments shall be collected monthly and the City shall take all reasonable efforts to collect the assessments from each lodging business. The City of Chula Vista shall forward the assessments to the CVCC which will have the responsibility to manage the TMD programs as provided in the Management District Plan. D. Service Plan Budget and Programs to be Provided: Service Plan Budget Summary- Calendar Years 2009-2014 The summary of the calendar yeaz 2009 (yeaz one) service plan budget for the CVTMD is provided on the following pages. The total five yeaz improvement and service plan budget is projected at approximately $650,000 annually, or $3.25 million through 2014. E. Annual Service Plan: A service plan budget has been developed to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the CVCC Boazd. Please see the budget exhibit below. The budget also includes a portion for contingencies and renewal of the District. Should the CVCC Boazd approve, funds may be appropriated for the renewal effort. If there aze funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds could be transferred to the renewed District. If there aze funds remaining at the end of the District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan. Chula Vista Tourism Marketing District Management District Plan Page S 7-67 Chula Vista Tourism Marketing District Annual Budget, Year One Chula Vista Tourism Marketing District Management District Plan Page 9 7-68 V. BID GOVERNANCE A. Chula Vista Tourism 11ar4teting District Corporation Casernance The CVCC will serve as the Owners' Association for the CVTMD. The CEO of the CVCC will be chazged with the day-to-day operations of the Tourism Mazketing District. Chula Vista Tourism Marketing District Management District Plan Page 10 7-s9 APPENDIX 1 -THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 et seq. As Amended January 1, 2009 Declarations 36600. This pazt shall be known and may be dted as the "Property and Business Improvement Distract Law of 1994." 36601. The Legislature finds and dedazes all of the following. (a) Businesses located and operating within the business districts of this state's communities aze economically disadvantaged, aze underutilized, and are unable to attract customers due to inadequate fadlities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to czeate jobs, attract new businesses, and prevent the erosion of the business distracts. (c) It is of pazdculaz local benefit to allow tides to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses aze not taxes for the general benefit of a city, but aze assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities are provided. 36602. The purpose of this pazt is to supplement previously enacted provisions of law that authorize dries to levy assessments within a business improvement azea. This part does not affect ox limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Nothing in this pazt is intended to preempt the authority of a chazter city to adopt ordinances providing for a different method of levying assessments for similaz ox additional purposes from those set forth in this part. A property and business improvement district created pursuant to this pazt is expressly exempt from the provisions of the Spedal Assessment Investigation, Lunitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Any provision in this pazt that conflicts with any other provision of law shall prevail over the other provision of law. 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this pazt aze not special taxes. Chula Vista Tourism Marketing District Mauagemeat District Plan Page 11 ~-~~ Definitions 36606. "Assessment" means a levy foz the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. 36607. "Business" mesas all types of businesses and includes financial institutions and professions. 36608. "City" means a dry, county, city and county, or an agency or entity created pursuant to Article 1 (commenting with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agendes of which includes only dries, counties, or a city and county. 36609. "City council" means the dry council of a city or the boazd of supervisors of a county, or the agency, commission, or boazd created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36610. "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five yeazs or more including, but not limited to, the following: (a) Pazking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating faclities. (e) Decorations. (f] Pazks. (g) Fountains. (h) Planting azeas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, ox both, to enhance security of persons and property within theazea. (k) Ramps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation ox removal of e~sting structures. 36611. "Property and business improvement district," or "district," means a property and business improvement distract established pursuant to this part. 36612. "Property" means real property situated within a district. 36613. "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses ox real property in the district. (b) Famishing of music in any public place within the district. (c) Promotion of tourism within [he distact. (d) Mazketing and economic development, including retail retention and recruitment (e) Providing security, sanitation, graffiti removal, street and sidewalk leaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. 36614. "Management district plan" or "plan" means a proposal as defined in Section 36622. Chula Vista Tourism Marketing District Management District Plan Page 12 7-71 366145. "Owners' assodation" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements spedfied in [he management distric[ plan. An owners' association may be an existing nonprofit entity or a newly loaned nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its boazd members or staff be considered to be public officials for any purpose. Notwithstanding this section, as owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commenting with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the distract aze heazd, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commenting with Section G250) of Division 7 of Title 1 of the Govemment Code), for all documents relating to activities of the district. 36615. "Property owner' or "owner" means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The tiry council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this pazt. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. Prior Law 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this pazt shall not affect or limit any other provisions of law authorizing or providing for the famishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Pazking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36.100) of this division) is valid and effective and is unaffected by this part. Establishment 36620. A property and business improvement district may be established as provided in this chapter. 36620.5. A county may not form a district within the territorial jurisdiction of a city without the consent of the tity council of that aty. A city may not form a district within the unincorporated territory of a county without the consent of the boazd of supervisors of that county. A dty may not foan a distract within the territorial jurisdiction of another aty without the consent of the tity council of the other city. 36621. (aj Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all Chula Vista Tourism Marketing District Management District Plan Page 13 7-72 assessments proposed to be levied, shall not be included in dete~+*~+n~ng whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district (2) Information spedfying where the complete management district plan can be obtained. (3) Information spedfying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (i) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do aot need to be detailed and shall be suffldent $ they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. The management district plan shall contain all of the following: (a) A map of the district in suf&aent detail to locate each parcel of property and, if businesses aze to be assessed, each business within the district. (b) The name of the proposed district (c) A description of the boundaries of the distract, inducting the boundaries of benefit zones, proposed for establishment or extension in a manner suffldent to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This pazt does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this pazt to overlap with another business assessment district created pursuant to this pazt. This pazt does not prohibit the boundaries of a business assessment. district created pursuant to this pazt to overlap with a property assessment district created putsuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (~ The proposed source or sources of financing, including the proposed method and basis of levying the assessment in suffldent detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (p~ The time and manner of collecting the assessments. (h) The spedfic number of yeazs in which assessments will be levied. In a new district, [he maximum number of yeazs shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth spedfic increases in assessments for each year of operation of the district. Chula Vista Tourism Marketing District Management District Plan Page 14 7-73 (i) The proposed time fox implementation and completion of the management distract plan. (j) Any proposed rules and regulations to be applicable to the distact. (k) A list of the properties or businesses to be assessed, including the assessor's pazcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. The plan may provide that all ox any class ox category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property. (1) Any other item or matter required to be incorporated therein by the city council. 36623.(a) If a city counal proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a dty coundl proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The dty coundl may waive any irregulazity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested suffident to identify the business and, if a person subscribing is not shown on the offidal records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in dete***>;*++*+g amajority protest. If written protests aze received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests aze not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one yeaz from the date of the finding of a majority protest by the dty council. 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment ox the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude terratory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment distract shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. (a) If the dty council, following the public hearing, decides to establish the proposed property and business improvement district, the dty counal shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be suffident if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. Chula Vista Tourism Marketing District Management District Plan Page 15 7-74 (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the distract. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this pazt. (6) A statement that the improvements and activities to be provided in the distract will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or fox any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concertng establishment of the district. (7) A Ending that the property or businesses within the azea of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adopfion of the resolution of formation and recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal yeazs referred to in the management district plan. 36626. If the dry council, following the public hearing, desires to establish the proposed property and business improvement district, and the city counal has not made changes pursuant to Section 36624, ox has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the infounarion spedfied in pazagraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminary resolution if none has been adopted. 36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or spedfied categories of businesses, within the area of the district. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this pazt. 36628. The dry councfl may establish one or more sepazate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the. degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment ox rate of assessment on each category of business, or on each category of business within each zone. 36628.5. The city coundl may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city counal shall structure the assessments in whatever manner it determines couesponds with the distribution of benefits from dine proposed improvements and activities. 36629. All provisions of this pazt applicable to the establishment, modification, ox disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The dry council shall, to establish, Chula Vista Tourism Marketing District Management District Plan Page 16 7-75 modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a pazldng and business improvement azea. ~" 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan maybe created and a new district established pursuant to this part. Assessments 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the dty council in the resolution establishing the management district plan described in Section 36622. Assessments levied on real property maybe collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. 36632. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this pazt shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The dry council may classify businesses for purposes of deter~,+*+~ng the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments; and shall not be subject to any assessment pursuant to this pazt. 36633. The validity of an assessment levied under this pazt shall no[ be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The dry council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. The owners' assooation may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. (a) Upon the written request of the owners' association, the city counal may modify the management district plan afrer conducting one public hearing on the proposed modifications. The dry council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to [his section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. Chula Vista Tourism Marketing District Management District Plan Page 17 7-76 (2) A complete copy of the resolution of intention shall be mailed by first class mail; at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The dry council shall adopt a resolution of intention which states the proposed modification poor to the public heating required by this section. The public heating shall be held not more Chan 90 days after the adoption of the resolution of intention. 36637. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. Financing 36640. (a) The dry council may, by resolution, determine and dedaze that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides foi the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Mazks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 maybe modified by the dry council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements speclfied in the resolution of fomtation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, spedfy the number of annual installments and the fiscal yeazs during which they aze to be collected The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 yeazs. (c) Notwithstanding any other provision of this pazt, assessmenu levied to pay the prindpal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. Governance 36650. (a) The owners' assodation shall cause to be prepazed a report for each fiscal yeaz, except the first yeaz, for which assessments axe to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the fast yeaz of operation of the distract. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the dtstrict, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the deck and shall refer to the property and business improvement district by name, specify the fiscal yeaz to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the pzoperry and business improvement district or in any benefit zones or classification of property ox businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activtties for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. Chula Vista Tourism Marketing District Management District Plan Page 18 7-77 (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal yeaz. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The dty councl may approve the report as filed by the owners' association or may modify any particulaz contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, inducting any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. The management district plan may, but is not requited to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' assodation, the city shall contract with the designated nonprofit corporation to provide services. Renewal 36660. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, ox any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional pazcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the pazcels of businesses in the prior distract If the renewed district does not include pazcels or businesses included in the prior district, the remaining revenues attributable to these pazcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 yeazs, or, if the distort is authorized to issue bonds, until the maximum matuu[y of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. Disestablishment 36670. (a) Any district established or extended pursuant [o the provisions of this park where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by zesolution by the city council in either. of the foLowing dreumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each yeaz in which assesses may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two yeazs after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property or of businesses in the azea who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the distact. The city council shall notice a hearing on disestablishment. (b) The city councl shall adopt a resolution of intention to disestablish the district paor to the public hearing required by this section. The resolution shall state [he reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to [he. owner of each Chula Vista Tourism Marketing District Management District Plan Page 19 ~-~$ business subject to assessment in the district, as appropriate. The dty shall conduct the public hearing not less than 30 days after mailing the notice to the property oz business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. (a) Upon the disestablishment of a district, any remaining revenues, afer all outstanding debts axe paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve oz construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities spedfied in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal yeaz, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal yeaz shall be used to calculate the amount of any refund. Chula Vista Tourism Marketing District Management District Plan Page 20 7-79 APPENDIX 2 -LODGING BUSINESSES TO BE ASSESSED WITHIN THE CVTMD: Best Western Chula Vista La Quinta Inn Hazborview Inn 150 Bonita Road 1089 Broadway 946 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91911 (619) 691-1211 (619) 422-2967 (619)691-6868 Ramada Inn Highway Inn Best Western South Bay 91 Bonita Road 70 Broadway Inn Chula Vista, CA 91910 Chula Vista, CA 91910 710 E Street (619) 425-9999 (619) 691-8118 Chula Vista, CA 91910 (619) 420-5183 Travel Inn Motel 6 394 Broadway 745 E Street Big 7 Motel Chula Vista, CA 91910 Chula Vista, CA 91910 333 Broadway (619)420-6600 (619)422-4200 Chula Vista, CA 91910 (619) 422-9278 Avon Palomaz Inn 99 Broadway 801 Palomar Street Days Inn Chula Vista, CA 91910 Chula Vista, CA 91910 699 E Street (619)422-6002 (619) 423-9170 Chula Vista, CA 91910 (619) 585-1999 Bay Cities Motel Palomar Motel 846 Broadway 1160 Walnut Avenue EI Primero Botique Hotel Chula Vista, CA 91911 Chula Vista, CA 91911 416 Third Avenue (619) 420-2951 (619) 575-2944 Chula Vista, CA 91910 (619) 42>-4486 Comfort Inn & Suites Riviera Motel 632 E Street 372 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Good Nite Inn (619) 476-8635 (619) 422-1987 225 Bay Boulevard Chula Vista, CA 91910 Eazly California Travel Inn & Suites (619) 425-8200 692 H Street 235 Woodlawn Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Holiday Inn Express (619) 425-3862 (619) 427-9170 4450 Main Street Chula Vista, CA 91911 Farmhouse Motel Vagabond Inn (619) 422-2600 523 Amita Street 230 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 (619) 422-5568 (619)422-8305 Chula Vista Tourism Marketing District Management District Plan Page 21 7-80 RESOLUTION NO. 2011-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE, ACTING AS THE DESIGNATED OWNERS' ASSOCIATION FOR THE CHULA VISTA TOURISM AND MARKETING DISTRICT, AND THE CITY OF CHULA VISTA FOR THE ADMII~IISTRATION AND IMPLEMENTATION OF ACTNITIES AND IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §§36600, et. seq.) ("PBID Law") authorizes cities to establish property and business improvement districts upon petition by a weighted majority of the affected business owners located within the boundaries of the district; and WHEREAS, a majority of the lodging business owners subject to assessment within the boundaries of the Chula Vista Tourism and Marketing District (CVTMD) petitioned the City Council to establish the CVTMD; and WHEREAS, the CVTMD was established to provide marketing and promotion activities to attract additional visitors to local hotels and motels and to market opportunities for those visitors to use the products and services of additional local businesses which will contribute to local business prosperity, the creation of jobs and a sustainable local economy that funds local community services; and WHEREAS, included with the petitions was a management district plan summary that described the proposed assessment to be levied on lodging businesses within the CVTMD to pay for operation of the Chula Vista Visitor Information Center; sales, promotion and mazketing activities, and those other. improvements set forth in Streets and Highways Code 36600 et. seq.; and WHEREAS, on July 14, 2009 the City Council of the City of Chula Vista approved the CVTMD for a five year term; and WHEREAS, each year the CVTMD is required to prepare and submit an annual report to the City Council for each year following the first fiscal year of operation of the CVTMD to outline the improvements and activities proposed by the CVTMD; and WTIEREAS, the CVTMD is in its second yeaz of operation and the Chula Vista Chamber of Commerce, acting as the owners association for the CVTMD, has created an annual report, and will deliver the report at the November 15, 2011 City Council meeting; and 7-81 Resolution No. Page 2 WHEREAS, the PBID Law authorizes that an agreement be established between the City and the owners' association for the administration and implementation of the activities specified in the management district plan; and WHEREAS, City staff has negotiated the terms of the agreement with the Chamber of Commerce, in its capacity as the CVTMD Owners' Association; and WHEREAS, the proposed agreement supplements the Plan by setting forth the services to be provided by the Owners' Association, and provides for an administration fee to be paid to the City to fund the City's costs in performing operations related to the CVTMD, including: (i) collection and transmittal of CVTMD taxes collected by the City and remitted to the Chamber of Commerce; (ii) collection follow up; (iii) annual review of the report to City Council; and (iv) response to public information requests, and inquiries from the Chamber and other parties; and WHEREAS, approval of the administration and implementation agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of the State CEQA Guidelines. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement between the Chula Vista Chamber of Commerce and the City of Chula Vista relating to the Chula Vista Tourism and Mazketing District, a copy of which is on file in the office of the City Clerk. Presented by Approved as to form by James D. Sandoval City Manager 'Cilen~ .Goo ~it}~Attomey 7-82 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glen R. Goggins ~~}~, ~~ City Attorney Dated: AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES BETWEEN THE CITY OF CHULA VISTA, AND THE CHULA VISTA CHAMBER OF COMMERCE 7-83 AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES This Agreement for Tourism Marketing District Management services (the "Agreement"), dated is by and between the City of Chula Vista, hereinafter referred to as the "City," and the Chula Vista Chamber of Commerce, hereinafter referred to as "Contractor;' collectively referred to as the "parties." RECITALS A. The City is a California municipal corporation and charter city; Contractor is a private, non- profitentity. B. In April 2009, the Chula Vista Chamber of Commerce ("CVCC"}and the Chula-Vista Convention and Visitors Bureau ("CVCVB") submitted to the City a petition and Management District Plan ("MDP") for establishment of the Chula Vista Tourism Marketing District ("CVTMD"), proposing assessments on all lodging businesses in the City, in accordance with the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600, et seq. (the "1994 LavJ'). C. On May 12, 2009, the City Council adopted Resolution No. 2009-115, accepting the petition and declaring its intent to initiate proceedings to establish the CVTMD, in accordance with the 1994 Law. D. On July 14, 2009, the City adopted Resolution number 2009-177, hereinafter the "Resolution," establishing the CVTMD, and providing that assessments be levied as described in the MDP. . E. Contractor was designated in the MDP as the Owners' Association in accordance with Streets and Highways Code section 36614.5. As a result, Streets and Highways Code section 36651 authorizes the City to contract with the Owners' Association for provision of CVTMD services. F. Under the 1994 Law, funds raised by the CVTMD must be spent for the purposes specified in the Resolution: sales promotions and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other improvements as set forth in Streets and Highways Code 436610; funds cannot be diverted to government programs. G. Contractor is willing to provide services to the City on the. terms and conditions set forth in this Agreement. AGREEMENT Now, therefore, the parties agree as follows: 1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, and Contractor accepts such engagement. 7-84 2. Term. The term of this Agreement shall begin on September 1, 2011 and end on July 31, 2014. If the CVTMD is disestablished prior to July 31, 2014, this Agreement shall terminate on the effective date of CVTMD disestablishment, except as provided in sections 23 and 25. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind. B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractors failure to pay such amounts. C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City. D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall, be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City. E. Notwithstanding the foregoing, if the City determines that pursuant, to state and federal law Contractor is an employee for purposes of income tax withholding, City may upon two (2) weeks' written notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments. 4. Indemnification. To the maximum extent allowed by law, Contractor shall defend, indemnify, protect, defend and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of its obligations under this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses 7-85 (including without limitations, attorneys' fees) arising from the sole active negligence or sole willful misconduct of the City, its officers, agents or employees. Also covered is liability arising from, connected with, caused by or claimed to be caused. by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. This indemnity shall survive the termination of this Agreement. 5. Insurance. Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by Cpntractor, its agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the Agreement. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Workers' Compensation insurance as required by the State of California and Employers Liability Insurance. 3. Professional Liability or Errors & Omissions Liability insurance appropriate to Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable.) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 3. Directors and Officers $500,000.00 each occurrence Liability: 7-86 Deductibles and Self-Insured Retentions Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the Ciry, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Otherlnsurance Provisions The general liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain; the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including providing .materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be "primary" and must not exclude products / completed operations. 2. The contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of Contractor and in no way relieves Contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. S. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: 1. The "Retro Date' must be shown, and must be before the date of the Agreement or the beginning of work pursuant to the Agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work under the Agreement. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date' prior to the Agreement effective date, Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work under the Agreement. 7-87 4. A copy of the claims reporting requirements must be submitted to City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than AV. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Bests rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should.be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors For each subcontractor that Contractor may utilize to perform work required by this Agreement, Contractor must include the subcontractor as an insured under its policies, or furnish separate certificates and endorsements for each such subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 6. [Not Used.] 7. Conformity with Law. A. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having: jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and. all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, Resolutions, codes and regulations. B. If a death, serious personal injury or substantial property damage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the City. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) Name and address of the injured or deceased person(s); (2) Name and address of Contractor's sub-contractor, if any; (3) Name and address of Contractor's liability insurance carrier; and (4) A detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved. C. Contractor further agrees to take all reasonable steps. to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential 7-88 claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident. 8. Assessments, Costs and Payment. The City shall collect the assessments in accordance with the 1994 Law, the Resolution and the MDP. City shall forward to Contractor all CVTMD assessment funds collected, within thirty-days of collection. The City shall not be responsible or liable for determining the accuracy or adequacy of the amount of funds remitted to the City by the assessees. The Cit~/s only responsibility shall be to forward the funds remitted to the Contractor. Beginning January 2012, Contractor will pay the City for all actual operational costs associated with services provided by the City to the CVTMD. Those services include: collecting assessments, remitting funds to Contractor and staff time and other resources spent assisting Contractor in preparing and submitting the Annual Report to the City Council ("Standard Services"). The amount billed to Contractor for such services shall be capped at 3 percent of annual TMD revenues received by Contractor for on-going services on a fiscal year basis; it is currently estimated to total $6,300 for January through June 2012. Should the Parties agree that the City will perform additional services for the CVTMD beyond the scope of the Standard Services described in this Agreement, the Contractor will pay the City for the cost of those additional services and the three percent annual cap shall not apply to those services. The City will invoice Contractor quarterly for all City services performed relating to the CVTMD. Contractor shall pay the City in-full, within 30 days of the date of the invoice. If the City does not receive payment within 30 days, the City shall deduct the amount owed from the assessments collected in the following month. The City will then remit the monthly assessments, less any amounts past due, to the Chamber. In the event that bonds are issued pursuant to the MDP, the City and Contractor shall meet and confer to determine how the City's costs shall be allocated. 9. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor's sole responsibility. 10. Conflicts of Interest. Contractor covenants that neither it ner any of its principals or members of its Board of Directors presently has an interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement. The Parties understand that members of Contractor's Board of Directors are business owners who will benefit from the services provided by the CVTMD. Such benefit shall not be considered a direct or indirect interest for purposes of this Agreement. Contractor shall comply with all applicable conflicts of interest laws in performing its obligations under this Agreement. 11. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. 7-89 6. First Class Mail: Notice maybe mailed first class to the recipient's address, set forth in section 11. E., below, in which case notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt; if it is not confirmed by a return receipt, notice will be effective on the third day after deposit in a United States Postal Service office or mailbox. C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the senders account, notice is effective on delivery, if delivery is confirmed by the delivery service; if delivery is not confirmed by the delivery service, notice will be effective two days after mailing. D. Facsimile transmission: When sent by facsimile to the facsimile number of the recipient, as provided in section 11.E., below, notice is effective on receipt. However, notice by facsimile can only be effected if: (a) a duplicate copy of the notice is promptly given by first-class or certified mail or.by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on anon-business day. E. Addresses and facsimile numbers for purpose of giving notice are as follows: To City: To Contractor: City of Chula Vista Chula Vista Chamber of Commerce 276 Fourth Avenue 233 Fourth Avenue Chula Vista; CA 91910 Chula Vista, CA 91910 Attn: City Manager 619-420-1269 Facsimile:619-409-5884 12. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented 146CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination. A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. B. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law: E. Contractor shall include .the provisions set forth in this Section in each of its subcontracts. 7-90 13. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the same in a location that is reasonably conspicuous, and file copies of same with the City. 14. Audits and Records Access. A. Contractor shall make available to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement of CVTMD assessment funds, and shall furnish to the City, within sixty (60j days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. B. Contractor shall maintain full and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the City, Contractor shall, upon request of the City, make such books and records available to the City for inspection at a location within City. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the City, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four (4) years after the City makes the final or last payment or within four (4) years after any pending issues between the City and Contractor with respect to this Agreement are closed, whichever is later. [Remainder of Page Intentionally Left Blank.] 7-91 C. Annually, Contractor shall enlist the services of an independent,. licensed, certified public accountant to conduct a fiscal year financial audit of the CVTMD fnances. The audit report shall include aline-item schedule detailing all expenditures, including a comparison of all expenditures with the specific amounts and activities designated in the MDP. In addition, the auditor shall verify that the CVTMD funds were used in' accordance with the CVTMD Plan and the Annual Report to the City Council for the fiscal year which is the subject of the. audit. Contractor shall provide a copy of the audit to the City Council each year within 90 days following the end of the fiscal year which is the subject of the audit. 15. Documents and Materials. Contractor shall maintain and make available to City for its inspection and use during the term of this Agreement, all documents, materials relating to the CVTMD, including related electronic transmissions and data, that are in its possession or control ("Documents and Materials"). Contractor's obligations shall continue for four (4) years following termination or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the City's last payment to Contractor under this Agreement. 16. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 17. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the CVTMD pursuant to the 1994 Law. Per the 1994 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriatiori of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the. thirty-day period following the anniversary of 'the district's formation, businesses paying fifty percent or more of the assessment file a written protest with the city and a hearing on disestablishment is held. The failure of Contractor to comply with this Agreement shall constitute "malfeasance;' as that term is used in the 1994 Law and, as such, shall be grounds far the City to initiate disestablishment proceedings. Prior to initiating such proceedings, the City shall provide the Contractor with an opportunity to cure,. pursuant to section 25. In the event the City disestablishes the CVTMD, Contractor shall be entitled to retain CVTMD revenues only for paying the Contractor's current liabilities of the CVTMD. Pursuant to the 1994 Law, Contractor shall refund to City any remaining CVTMD revenues. or any revenues derived from the sale of assets acquired with CVTMD revenues to enable distribution of the revenues to the businesses which paid the assessment. 18. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. 19. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Chula Vista, or the names of the City's ofFcers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits 7-92 Contractor from using the name Chula Vista Tourism Marketing District or City of Chula Vista for regional identification for promotion and marketing of the CVTMD. 20. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties. 21. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the CVTMD Management District Plan adopted by the City Council. No supplement, amendment or modification of this Agreement, except for a duly adopted amendment to the CVTMD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties. 22. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City's prior written approval, and subject to Cit~/s sole discretion. A. Neither party shall, on the basis of this Agreement,. contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. B. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 23. Survival. The obligations of this Agreement, which by their nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would 6e defeated by the loss of the illegal, unenforceable, or invalid provision. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 25. Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen days before the effective date of such 7-93 termination. Contractor shall have ten days from the notice date to cure the violation(s). Upon a showing of a good faith effort toward curing the violation(s), the City Manager may, in his or her sole discretion, extend the deadline by which the Contractor must cure. Any such extension shall be valid only if in writing and signed by the City Manager, or designee. If Contractor does not cure the violation(s) to the City's satisfaction, City shall be entitled to terminate the Agreement without further notice. In addition, such violation and failure to cure shall constitute "malfeasance;' pursuant to Section 17., above. 26. Attorneys' Fees: Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 27. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. [Remainder of Page intentionally Left Blank.] 7-94 City of Chula Vista James Sandoval Title:_City Manager C ulaVist ambgrofCom erce 1 i 5~ C,c~G't~n (print name) Title: ICJ Date: ~I ~l moll 7-95 s EXHIBIT A Scope of Services Contractor shall provide the following services: 1. Contractor shall cooperate with City and City staff in the performance of all work hereunder. 2. Contractor will provide projects, programs and activities that benefit lodging establishments within the CVTMD in accordance with the CVTMD Management District Plan attached hereto and any subsequent amendments thereto. 3. Contractor will provide and fund such additional projects, programs and activities to promote tourism in Chula Vista as may be made possible through other non-assessment funding sources. These other funds must be accounted for separately from assessment funds. 4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law")including but not limited to: a. Preparation of the Annual Report required by the Law, which shall include any recommended changes to boundaries, the improvements and activities to be provided for that fiscal year, an estimate of cost for providing the improvements and activities, the method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year, the amount of any surplus or deficit revenues to be carried over from a previous fiscal year, and the amount of any contributions to be made from sources other than assessments. b. Seeking and retaining subcontractor(s) to prepare the Annual Report. c. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements. 5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. 6. Subject to the City's approval, Contractor may retain subcontractors to deliver the services herein; however, Contractor shall remain fully responsible for compliance by its contractors with all the terms of this Agreement, regardless of the terms of any agreement between the Contractor and its subcontractor. 7. Annually, Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal yeaz financial audit of the CV'I2v1D finances. The audit report shall include aline-item schedule detailing all expenditures, including a comparison of all expenditures with the specific amounts and activities designated in the NIDP. In addition, the auditor shall verify that the CVTNID funds were used in accordance with the CVTNID Plan and the Annual Report to the City CouncIl for the fiscal yeaz which is the subject of the audit. Contractor shall provide a copy of the audit to the City Council each yeaz within 90 days following the end of the fiscal yeaz which is the subject of the audit 7-96 \5 '~,y, 1~12vi~ Chula Vista TBID Year Three Annual Report July 1, 2011 Annual report from the 1994 Act. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories ofbusiness, if a classification is used. {b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal yeaz, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. No Change. (2) The improvements and activities to be provided for that fiscal year. Sales and Marketing programs and activities will be designed to attract overnight groups. These activities may include: • Lead Generation • Trade Shows • Sales Blitzes • Familiarizafion Tours • Advertising • Collateral • Marketing Programs • Local Property Visits • Director of Sales Meetings • General Manager Meetings Professional Industry Communications and Public Relations activities and services will build greater awareness of the Chula Vista businesses and the Chula Vista region as a tourism, meeting, and event destination. These activities may include: • Public, Community and Media Relations • Familiariza[ions Tours • CVB Events • Membership Solicitation /Maintenance • Local Trade Shows and Events • CVB Web Site and Electronic Newsletter • CVB Newsletter • Speaking Engagements • Visitor Information /Servicing • Staffing Costs 7-97 (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. See attached documents: 1) Chula Vista Tourism Marketing District Annual Budget Year Three. 2) Chula Vista Tourism Marketing District Year Two Actual July 1, 2010 -June 30, 2011 (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center (Millenia}. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Parkway to the east and the future extension of Hunte Parkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. (5} The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. $444.80 surplus will be carried over. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. None. (c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. Respectfully submitted by; Lisa Cohen CEO, Chula Vista Chamber of Commerce. ~g~._ ~~ I l5 2011 Signature & Date Page 2 7-98 Chula Vista Tourism Marketing District 7-99 Annual Budget, Year Three 7-100 Chula Vista Tourism Marketing District Year Two Actual July 2010 -June 2011 Tuesday, July 13, 2010 11:OOam -12:30pm Chula Vista Chamber of Commerce Board Room 233 Fourth Ave, Chula Vista, CA 91910 Call to Order /Introductions: Public Comment: I-~, ~s n~T>~ Chairman Nicole Hohenstein Comments from the Public on items not otherwise on the Agenda Action Items: Approval of Meetine Minutes: Review and approve minutes from the Tuesday, May 11, 2010 Hotel Motel Committee Meeting CEO: Lisa Cohen Update and Information on Tourism Marketing District Guest Speaker's: Asli Baltazaz; Regional Market Director- ARES TOPIC: On-line Booking Ty and Brandon; Knott's Soak City TOPIC: Update on the Water Pazk Adiournment• For next Hotel Motel Committee meeting on Tuesday, September 7, 2010 at 11:00 am ~~~~~/~~ BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4th Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities are accessible to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC- You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take action other than what is recommended 233 Fourth Avenue; Chula Vista, CA www chulavistachamber.ore (619) 420-6603 7-101 Tuesday, September 14, 2010 11:OOam -12:30pm Chula Vista Chamber of Commerce Board Room 233 Fourth Ave, Chula Vista, CA 91910 Call to Order /Introductions: Chairman Nicole Hohenstein Public Comment: Comments from the Public on items not otherwise on the Agenda Action Items: Approval of Meeting Minutes: Review and approve minutes from the Tuesday, July 13, 2010 Hotel Motel Committee Meeting CEO• Lisa Cohen Update and Information on Tourism Mazketing District Guest Speaker: AAA Requirements Adiournment• For next Hotel Motel Committee meeting on Tuesday, November 9, 2010 at 11:00 am BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4[h Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities aze accessible to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC: You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take aMion other than what is recommended 233 Fourth Avenue, Chula Vista, CA www chulavistachamber.ore (619) 420-6603 ~-102 Tuesday, November 9, 2010 11:OOam -12:30pm Chula Vista Chamber of Commerce Board Room 233 Fourth Ave, Chula Vista, CA 91910 Call to Order /Introductions: Chairman Nicole Hohenstein Public Comment: Comments from the Public on items not otherwise on the Agenda Action Items: Aaaroval of Meetina Minutes: Review and approve minutes from the Tuesday, September 14, 2010 Hotel Motel Committee Meeting CEO: Lisa Cohen Update and Information on Tourism Marketing District Advertising Opportunities for Hotels and Motels in 2010/2011 Membership and Resource Guide Guest Speaker: Chief David Bejarano- Chula Vista Police Department TOPIC: Guest Check- In Process Sarah Al-Samarria and Daniel Tenhagen- Pacific Sales TOPIC: Programs for Hotels and Motels Adiournment: For next Hotel Motel Committee meeting on Tuesday, January 1 I , 2010 at 11:00 am BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4th Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities are accessible to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC: You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take action other than what is recommended 233 Fourth Avenue, Chula Vista, CA www chulavistachamber.ore (619) 420-6603 7-103 Tuesday, January 11, 2011 11:OOam -12:OOpm Chula Vista Chamber of Commerce Board Room 233 Fourth Avenue, Chula Vista, CA 91910 12:00 p.m. -1:30 p.m. Karina's Mexican Restaurant 986 Broadway, Chula Vista, CA 91911 Call to Order /Introductions: Chairman Nicole Hohenstein Public Comment: Comments from the Public on items not otherwise on the Agenda Guest Speaker: Bernardo Vazquez- State Farm Martha Blanco- Cox Communications Approval of Meeting Minutes: Review and approve minutes from the Tuesday, November 9, 2010 Hotel Motel Committee Meeting CEO Lisa Cohen Update and Information on Tourism Marketing District Adjournment: For next Hotel Motel Committee meeting on Tuesday, March 8, 2011 at 11:00 am BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4th Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities aze accessible to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC: You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take action other than what is recommended 233 Fourth Avenue, Chula Vista, CA www chulavistachamber.ore (619) 420-6603 7-104 Agenda Tuesday, March 8, 2011 11:OQam -12:OOpm Chula Vista Chamber of Commerce Board Room 233 Fourth Avenue, Chula Vista, CA 91910 Call to Order /Introductions: Chairman Nicole Hohenstein Public Commeut: Comments from the Public on items not otherwise on the Agenda Guest Speaker: Patricia Marenco; Approved Accommodations for AAA Corporation Aaaroval of Meetine Minutes: Review and approve minutes from the Tuesday, January 11, 2011 Hotel Motel Committee Meeting CEO; Lisa Cohen Update and Information on Tourism Marketing District Adiournment• For next Hotel Motel Committee meeting on Tuesday, May 10, 2011 at 11:00 am BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4th Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities aze accessibte to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC: You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take action other than what is recommended 233 Fourth Avenue, Chula Vista, CA www chulavistachamber.ore {619) 420-6603 7-105 Agenda Tuesday, May 10, 2011 11:OOam -12:OOpm Chula Vista Chamber of Commerce Board Room 233 Fourth Avenue, Chula Vista, CA 91910 Call to Order /Introductions: Chairman Nicole Hohenstein Public Comment: Comments from the Public on items not otherwise on the Agenda Guest Sneaker's: 11:15 a.m. Brandon Paradeau; ICnott's Soak City 11:30 a.m. Drew Moser; San Diego Sports Commission Approval of Meeting Minutes: Review and approve minutes from the Tuesday, March 8, 2011 Hotel Motel Committee Meeting CEO• Lisa Cohen Update and Information on Tourism Mazketing District Adjournment: For next Hotel Motel Committee meeting on Tuesday, July 12, 2011 at 11:00 am BROWN ACT: Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting. The Corporation posts Agendas at 233 4th Ave. Chula Vista, CA 9910. Action may not be taken on items not posted on the agenda. Meeting facilities are accessible to persons with disabilities. If you require special assistance to participate in the meeting; notify Debbie Cesena at (619) 420-6603 at least 48 hours prior to the meeting. NOTICE TO PUBLIC• You are welcomed and encouraged to participate in this meeting. Public comment is taken (3 minutes maximum per person) on items listed on the agenda when they are called. Public Comment on items not listed on the agenda will be heard at the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select one or two speakers to represent the opinion of the group. The order of Agenda items is listed for reference and may be taken in any order deemed appropriate by the Board of Directors. The Agenda provides a general description and staff recommendations; however, the Board of Directors may take action other than what is recommended 233 Fourth Avenue, Chula Vista, CA wtivw chulavistachamber.ore (619) 420-6603 ~-106 CHULA VISTA CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, July 7,2010 Chula Vista Chamber Board Room 3:00 p.m. 233 4`" Avenue, Chula Vista, CA 91910 3:00 o.m. Order of Business I. Called meeting to order II. Pledge of Allegiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohens[ein ^ ^ ^ Lisa Johnson ^ ^ ^ Todd Stooe Ahmad Solomon Lourdes Valdez ^ ^ ^ Scott Vinson ^ ^ ^ IV. Approval of June meetine minutes MOTION: V. Approval of Tourism Marketing District Financials MOTION: Vote: VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update A. CEO; Lisa Cohen- Tourism Mazketing District Update B. Nicole Hohenstein; V.P. Tourism Mazketing District/ Hotel Motel Committee VIII. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, August 4, 2010 at 3:00 p.m. ~-~~~ CHULA VISTA CHAMBER of COMMERCE Tourism Mazketing District Boazd Agenda Wednesday, August 4, 2010 Chula Vista Chamber Boazd Room 3:00 p.m. 233 4'h Avenue, Chula Vista, CA 91910 3:00 p.m. Order of Business I. Called meeting to order II. Pledge of Allegiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Steve Miesen ^ ^ ^ Lourdes Valdez Scott Vinson ^ ^ ^ IV. Approval of Julu's meeting minutes MOTION: V. Approval of Tourism Marketing District Financials MOTION: VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update Vote: A. CEO; Lisa Cohen- Tourism Marketing District Update B. Nicole Hohenstein; V.P. Tourism Marketing District/ Hotel Motel Committee VIII. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, September 1, 2010 at 3:00 p.m. 7-~08 CHULA VISTA CHAMBER OF COMMERCE Tourism Marketing District Board Agenda Wednesday, September 1, 2010 Chula Vista Chamber Board Room 233 4t" Avenue, Chula Vista, CA 91910 3:00 n.m. Order of Business I. Called meeting to order II. Pledge of Allegiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ S[eve Miesen ^ ^ ^ Lourdes Valdez Scott Vinson ^ ^ ^ IV. Approval of August's meeting minutes MOTION: V. Approval of Tourism Marketing District Financials MOTION: , VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update A. CEO; Lisa Cohen- Tourism Marketing District Update B. Nicole Hohens[ein; V.P. Tourism Marketing District/ Hotel Motel Committee VIII. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, Oc[ober 6, 2010 at 3:00 p.m. 7-109 ~ CHULA VISTA CHAMBER of COMMERCE Tourism Marketing District Boazd Agenda Wednesday, October 6, 2010 Chula Vista Chamber $oard Room 233 4`" Avenue, Chula Vista, CA 91910 3:00 p.m. Order of Business I. Called meeting to order II. Pledge of Allegiance HI. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Jay Nonis ^ ^ ^ Sieve Miesen ^ ^ ^ Lounles Valdez ^ ^ ^ Scott Vinson ^ ^ ^ IV. Approval of September's meeting minutes MOTION: V. Approval of Tourism Marketing District Financials MOTION: VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update Vote: Vote: A. CEO; Lisa Cohen- Tourism Marketing District Update B. Nicole Hohenstein; V.P. Tourism Marketing Districd Hotel Motel Committee 1. Next Hotel Motel Committee meeting on November 9, 2010 at Karina's Mexican Seafood Restaurant VIII. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, November 3rd, 2010 at 3:00 p.m. 7-~~~ CHULA VISTA CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, November 3, 2010 Chula Vista Chamber Boazd Room 233 4`" Avenue, Chula Vista, CA 91910 3:00 p.m. Order of Business L Called meeting to order II. Pledee of Alleeiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ Lisa Cohen ^ ~ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Jay Noms ^ ^ ^ Steve Miesen ^ ^ ^ Lourdes Valdez ^ ^ ^ Scott Vireon ^ ^ ^ IV. Approval of October's meeting minutes MOTION: V. Approval of Tourism Marketing District Financials MOTION: VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update Vote: A. CEO; Lisa Cohen- Tourism Marketing District Update B. Nicole Hohenstein; V.P. Tourism Marketing DistricU Ho[el Motel Committee 1. Next Hotel Motel Committee meeting on November 9, 2010 at Karma's Mexican Seafood Restaurant VIU. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, December 1~', 2010 at 3:00 p.m. 7-111 CHULA VISTA CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, December 1, 2010 Chula Vista Chamber Boazd Room 233 4`" Avenue, Chula Vista, CA 91910 3:00 p.m. Order of Business I. Called meeting to order II. Pledge of Allegiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ lSsa Johnson ^ ^ Jay Notris ^ ^ ^ Steve Miesen ^ ^ ^ Lourdes Valdez ^ ^ ^ Scott Vinson ^ ^ ^ IV. Approval of November's meeting minutes MOTION: , V. Approval of Tourism Marketing District Financials MOTION: Vote: VI. Public Communications A. Ouen Public Communications B. Close Public Communications VII. CEO's Uodate A. CEO; Lisa Cohen- Tourism Mazketing Dis[dct Update B. Nicole Hohens[ein; V.P. Touuism Marketing District/ Hotel Motel Committee 1. Next Hotel Motel Committee meeting on January 11, 2011 at Karina's Mexican Seafood Restawant VIII. Board Communications DC. Adiournment- A. To next scheduled meeting Wednesday, January 5th, 2010 at 3:00 p.m. 7-112 CHULA VISTA CHAMBER of COMMERCE Tourism Mazketing District Board Agenda Wednesday, January 5, 2011 Chula Vista Chamber Board Room 233 4th Avenue, Chula Vista, CA 91910 3:00 p.m. Order of Business I. Catled meeting to order II. Pledge of Allegiance III. Roll call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Jay Norris ^ ^ ^ Steve Miesen ^ ^ ^ Jerty Rindone ^ ^ ^ Scott Vinson ^ ^ ^ IV. Approval of December's meeting minutes MOTION: V. Apnroval of Tourism Marketing District Financials for [he month of November 2010 MOTION: Vote: VI. Public Communications A. Open Public Communications B. Close Public Communications VII. CEO's Update A. CEO; Lisa Cohen- Tourism Marketing District Update B. Nicole Hohenstein; V.P. Tourism Mazketing District/ Hotel Motel Committee 1. Next Hotel Motel Committee meeting on January 1 I, 2011 a[ Karina's Mexican Seafood Restaurant VIII. Board Communications IX. Adiournment- A. To next scheduled meeting Wednesday, Febmary2, 2011 at 3:00 p.m. 7-113 CHULA VISTA CHAMBER OF COMMERCE Tourism Maketing District Boazd Agenda Wednesday, February 2, 2011 3:00 p.m Chula Vista Chamber Boazd.Room 233 4`s Avenue, Chula Vista, CA 91910 Call meeNnE to order- II. Pledge of Allegiance III. Roll Call P A B Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Jay Noms ^ ^ ^ Steve Miesen ^ ^ ^ Jerry Rindone ^ ^ ^ Scott Vinson ^ ^ ^ Order of Business IV. Approval of January's meeting minutes MOTION: V. Public Communications a. O~Jen Public Communications b. Close Public Communications VI. Approval of Tourism Marketing District Financials for the month of December 2010 MOTION: Vote: VII. CEO's Update- Lisa Cohen a. CEO; Lisa Cohen- Tourism Mazketing District Update b. Nicole Hohenstein; V.P. Tourism Marketing District/ Hotel Motel Committee. i. Next Ho[el/ Mo[el Committee meeting on March 8`~ at I 1 a.m. VIII. Board Communications IX. Adiournment- a. To next scheduled meeting Wednesday, Mazch 2, 2011 at 3:00 p.m. 7-114 CHULA VISTA CHAMBER OF COMMERCE Tourism Marketing District Board Agenda Wednesday, March 2, 2011 3:00 p.m. Chula Vista Chamber Boazd Room 233 4`s Avenue, Chula Vista, CA 91910 Order of Business I. Call meeting to order- II. Pledge of Allegiance III. Roll Call P A E Bob Bliss ^ ^ ^ Kevin Carlson ^ ^ ^ Lisa Cohen ^ ^ ^ Nicole Hohenstein ^ ^ ^ Lisa Johnson ^ ^ ^ Jay Noms Steve Miesen ^ ^ ^ Jerry Rindone Scott Vinson ^ ^ ^ IV. Approval of February's meeting minutes MOTION: vote: V. Approval of Tourism Marketing District Financials for the month of January MOTION: Vote: VI. Public Communications a. Open Public Communications b. Close Public Communications VII. CEO's Update- Lisa Cohen a. CEO; Lisa Cohen- Tourism Mazketing District Update b. Nicole Hohens[ein; V.P. Tourism Marketing District/ Hotel Motel Committee. i. Next Hotel/ Motel Committee meeting on March 8`s at 11 a.m. VIII. Board Communications IX. Adiournment- a. To next scheduled meeting Wednesday, Apri16, 2011 at 3:00 p.m. in the Chamber Board Room. 7-115 CHULA VISTA ~- CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, Apri16, 2011 3:00 p.m. Chula Vista Chamber Board Room 233 4`" Avenue, Chula Vista, CA 91910 I. Call meefing to order- II. Pledge of Allegiance III. Roll Call Order of Business P A E P A E Bob Bliss ^ ^ ^ Jay Norris ^ ^ Kevin Carlson ^ ^ ^ Steve Miesen Lisa Cohen ^ ^ ^ Jerty Rindone ° ° ° Nicole Hohenstein ^ ^ ^ Scott Vinson ^ ^ ^ Lisa Johnson ^ ^ ^ Marcy Weaver ^ ^ ^ I. Public Communications a. Ouen Public Communications b. Close Public Communications II. Auaroval of March's meeting minutes MOTION: Vote: HI. Approval of Tourism Marketing District Financials for the month of February MOTION: Vote: IV. CEO's Update-Lisa Cohen a. CEO; Lisa Cohen- Tourism Mazketing District Update b. Nicole Hohenstein; V.P. Tourism Marketing DistticU Hotel Motel Comminee. i. Next HoteU Mo[el Committee meeting on May 10`s at 11 a.m. V. Board Communications VI. Adiournment- a. To next scheduled meeting Wednesday, May 4, 2011 at 3:00 p.m. in the Chamber Board Room. 7-116 ~~ CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, May 4, 2011 3:00 p.m. Chula Vista Chamber Board Room 233 4`~ Avenue, Chula Vista, CA 91910 Order of Business I. Call meeting to order- II. Pledge of Alleeiance III. Roll Call P A E P A E Bob Bliss ^ ^ ^ lay Nottis Kevin Carlson ^ ^ ^ Steve Miesen ^ ^ ^ Lisa Cohen ^ ^ ^ Jetry Rindone ^ ^ ^ Nicole Hohenstein ^ ^ ^ Scott Vinson Lisa Johnson ^ ^ ^ Many Weaver ^ ^ ^ I. Public Communicafions a. Open Public Communications b. Close Public Communications II. Approval of April's meetine minutes MOTION: Vote: III. Approval of Tourism Marketing DistricbFinancials for. the. month of March MOTION: Vote: IV. CEO's Update- Lisa Cohen a. CEO; Lisa Cohen- Tourism Marketing District Update b. Nicole Hohenstein; V.P. Tourism Mazketing DistricU Hotel Motel Committee. i. Next HoteU Motel Committee meeting on May 10'" at 11 a.m. V. Board Communications VI. Adiournment- a. To next scheduled meeting Wednesday, June 1, 2011 at 3:00 p.m. in the Chamber Board Room. ~-~~7 { CHULA VISTA CHAMBER of COMMERCE Tourism Marketing District Board Agenda Wednesday, June I, 2011 3:00 p.m. Chula Vista Chamber Boazd Room 233 4ei Avenue, Chula Vista, CA 91910 I. Call meeting to order- II. Pledge of Allegiance III. Roll Call Order of Business P A E P A E Bob Bliss ^ ^ ^ Jay Norris ^ ^ ^ Kevin Carlson ^ ^ ^ Steve Miesen ^ ^ ^ Lisa Cohen ^ ^ ^ Jerry Rindone ^ ^ ^ Nicole Hohenstein ^ ^ ^ Scott Vinson ^ ^ ^ Lisa Johnson ^ ^ ^ Marcy Weaver ^ ^ ^ I. Public Communications a. Open Public Communications b. Close Public Communications II. Approval of May's meeting minutes MOTION: Vote: III. Approval of Tourism Marketing District Financials for the month of April MOTION: Vote: IV. Approval of Tourism Marketing District 2011/2012 Budget MOTION: , V. CEO's Update- Lisa Cohen a. CEO; Lisa Cohen- Tourism Marketing District Update b. Nicole Hohenstein; V.P. Tourism Marketing District/ Hotel Mo[el Committee. VI. VII. Board Communications VIII. Adjournment 7-118 CHULA VISTA CHAMBER of COMMERCE Boazd of Directors Meeting Agenda Wednesday, July 14, 2010 Chula Vista Chamber of Commerce Board Room 233 4ih Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Call meeting to order- II. Pledge of Allegiance III. Roll call P A E P A E Scott Vinson ^ ^ ^ Mike Green ^ ^ ^ Lourdes Valdez ^ ^ ^ Dr. Lowell Billings ^ ^ ^ Kevin Carlson ^ ^ ^ Brett Davis Bob Bliss ^ ^ ^ lyoti Sarolia Lisa Johnson ^ ^ ^ Greg Mattson ^ ^ ^ Nicole Hohenstein ^ ^ ^ Jaime Ortiz ^ ^ ^ Ahmad Soloman ^ ^ ^ Charles Moore Lisa Cohen ^ ^ ^ Jay Noms Steve Miesen ^ ^ ^ Bill Hall Richard D'Ascoli ^ ^ ^ Jerty Rindone ^ ^ ^ David Hoffman ^ ^ ^ IV. Approval of June's meeting minutes V. Presidents Report- Scott Vinson VI. Adiournment a. To Tourism Mazketing District Update- Tourism Marketing District Update Order of Business I. Call meeting to order II. Public Communications a. Chair Opens for Public Comment b. Chair Closes Public Comment III. CEO'S and V.P of TMD/ Hotel Motel Committee Update a. CEO, Lisa Cohen- Tourism Marketing District Update b. V.P. TMD/ Hotel Motel, Nicole Hohenstein- Hotel Motel Committee Update IV. Adiournment a. To regulaz Boazd or Directors Committee meeting VI. Re-Open Regular Board of Directors Meeting- VII. Guest Speaker- a. Honorable Mavor Cheryl Cox b. Pendine-Possible Guest Speaketfro$1 SDG&E VIII. CEO's Report- Lisa Cohen IX. Officers Report- a. Vice President of Finance- Kevin Carlson i. PPS still outstandine MOTION: To approve ConVis and Chamber financials ;Vote: b. Vice President of Government Affairs- Steve Miesen i. Discussion regarding motions from the Public Policy Committee meeting on June 30, 2010 MOTION: That we (Chula Vista Chamber of Commerce) develop roles for endorsements (Mike Green, Bob Bliss; All in favor) ***Please view the attached paper "Endorsement Policy"*** MOTION: To recommend [o [he Board of Directors to look at the School Boazd, Southwestern College, Sweetwater Union High and Chula Vista Elementary School District board elections (Bill Hall, Jay Norris; All in favor) MOTION: That we (Public Policy Committee) advise to the Board of Directors that [hey recommend to the Chula Vista City Council to consider outsourcing city services as a way to save money (Mike Green, Bill Hall; All infavor) MOTION: That we (Chula Vista Chamber of Commerce) deliberate on the expansion of the Utility Users Tax (Bill Hall, Mike Green; All in favor) ii. Discussion reeazdine the motion from the Executive Committee mee[ine on Julv 7.2010 MOTION: To look at Chula Vista Seat 2 Endorsement (Lisa Johnson, Steve Miesen; All in favor) c. Vice President of Economic Development- Ahmad Solomon i. Guest Speakers for the July EDC Committee Meeting L Chula Vista Fire Department; TOPIC: Master Fee Schedule 2. Joel Haven and/or Ramon Martinez; Project Managers for Caltrans; TOPIC: I-805 Managed Lanes Project 3. Historical Preservation Committee d. Vice President of Internal Affairs- Lisa Johnson i. New Members e. President Elect- Bob Bliss f. Past President- Lourdes Valdez i. Nominating Committee X. T.A.V.A Uadate- Gree Mattson XI. New Business XII. Old Business X1II. Adiournment- a. To next scheduled meeting Wednesday, August 11`s, 2010 at 7:30 a.m. 233 4 'Avenue, Chula Vista, CA 9I9 t0 " (619) 3 0-66 one " (619) 420-1269 Fax " www.chulavistachamber.orv CHULA VISTA CHAMBER OF COMMERCE Boazd of Directors Meeting Agenda Wednesday, August 11, 2010 Chula Vista Chamber of Commerce Boazd Room 233 4'~ Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Call meeting to order- II. Pledge of Allegiance III. Roll call Scott Vinson Lourdes Valdez Bob 81iss Kevin Carlson Nicole Hohenstein Lisa Johnson Steve Miesen Lisa Cohen Dc Lowell Billings Richard D'Ascoli Brett Davis P A E P A E ^ ^ ^ Mike Green ^ ^ ^ ^ ^ ^ BiII Hall ^ ^ ^ David Hoffman ^ ^ ^ Greg Mattson ^ ^ ^ Charles Moore ^ ^ ^ Jay Norris ^ ^ ^ Jaime Oniz ^ ^ ^ Jerty Rindane ^ ^ ^ ^ ^ ^ Jyoti Samlia ^ ^ ^ Claudia Valenzuela ^ ^ ^ ^ ^ ^ IV. Approval of Julv's meeting minutes V. Presidents Report- Scott Vinson a. Discussion of Motions made at the Executive Committee meeting on August 4, 2010 MOTION: For a resolution of an immediate check of $10,000 out of the Chula Vista Chamber account to pay back the emergency loan made in January 2009, to North Island Credit Union; and a check made each month on the 20`" of $5,000 starting in September 2010 until the loan is paid off (Lourdes Valdez, Nicole Hohenstein,; All in Favor with an Abstention of Kevin Carlson) MOTION: For the Board to vote by ballot at the Boazd of Directors Committee meeting for the endorsements of the board seats for Southwestern College, Chula Vista Elementary School District, and Sweetwater Union High School District, and for Chula Vista Seat 2 (Steve Miesen, Lourdes Valdez; All in favor) VI. Adjournment a. To Tourism Marketing District Update- Tourism Marketing District Update Order of Business L Call meeting to order II. Public Communications ]-121 a. Chair Opens for Public Comment b. Chair Closes Public Cotntttent HI. CEO'S and V.P of TMD/Hotel Motel Committee Update a. CEO, Lisa Cohen- Tourism Mazketing District Update b. V.P. TMD/ Hotel Motel, Nicole Hohenstein-Hotel Motel Committee Update IV. Adjournment a. To regular Board or Directors Committee meeting VI. Re-Open Regular Board of Directors Meeting- VII. Guest Speaker- s. Lmett_e Tessi[ore-Lopez- City of Chula Vista 1. TOPIC: Historical Preservation Program b. Bill Hall- Port Commissioner Emeritus 1. TOPIC: Update of Bavfront & L-Ditch Remediation Program VIII. CEO's Report- Lisa Cohen LY. Officers Report- a. Vice President of Finance- Kevin Catlson 1. Financial Report and Liabili[v Summerv *PPS Outstanding Balance MOTION: To approve ConVis and Chamber financials for the month of June and July MOTION: ;Vote: b. Vice President of Government Affairs- Steve Miesen 1. Due to July's Public Policy meeting being cancelled below are the motions that were made at the Board of Directors Committee meeting on July 14, 2010 and did not move forward. MOTION: To refer back to the Public Policy Committee; [he city council item of not having primaries in the City of Chula Vista (Lisa Johnson, Jerry Rindone; All in favor) MOTION: To support the motion made by the Public Policy Committee to develop rules for endorsements and to add item VIII to the Endorsement Policy. Also to include the executive directors to review the policies to the full board prior to the endorsement cycle. (Rich D'Ascoli, Bob Bliss; All in favor) MOTION: To send back to the Public Policy Committee to look at the School Board, Southwestern College, Sweetwater Union High and Chula Vista Elementary School District Board Elections (Brett Davis, Jay Norris; All in favor) 2. Discussion regarding the UUT (Utility Users Tax) c. Vice President of Economic Development- I. Update of Guest Speakers at [he July's EDC Committee Meeting • CALTRANS; TOPIC: I-805 Managed Lanes Project • City of Chula Vista- TOPIC: Historical Preservation Program 2. Guest Speaker for the August EDC Committee Meeting • Chula Vista Fire Department; TOPIC: Master Fee Schedule d. Vice President of Internal Affairs- Lisa Johnson 1. New Members for the month of July e. President Elect- Bob Bliss 7 _ 1 2 2 f. Past President- Lourdes Valdez 1. Nominating Committee X. T.A.V.A Update- Gree Mattson XI. New Business XII. Old Business XIII. Adiournment- a. To next scheduled meeting Wednesday, September 8`h, 2010 at 7:30 a.m. 7-123 CHULA VISTA CHAMBER OF COMMERCE Board of Directors Meeting Agenda Wednesday, September 8, 2010 Chula Vista Chamber of Commerce Boazd Room 233 4`s Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Call meeting to order- II. Pledge of Allegiance III. Roll call Scott Vinson Lourdes Valdez Bob Bliss Kevin Carlson Nicole Hohenstein Lisa Johnson Steve Miesen Jay Noms Lisa Cohen Dr. Lowell Billings Richard D'Ascoli P A E P A E ^ ^ ^ Brett Davis ^ ^ ^ ^ ^ ^ Mike Green ^ ^ ^ ^ ^ ^ Bill Hall ^ ^ ^ ^ ^ ^ David Hoffman ^ ^ ^ ^ ^ ^ Greg Mattson ^ ^ ^ ^ ^ ^ Charles Moore ^ ^ ^ ^ ^ ^ Jaime Oniz ^ ^ ^ ^ ^ ^ Jeny Itindone ^ ^ ^ ^ ^ ^ Jyoti Sarolia ^ ^ ^ ^ ^ ^ Claudia Valenzuela ^ ^ ^ ^ ^ ^ IV. Approval of August's meeting minutes V. Presidents Report- Scott Vinson a. Discussion of Motions made at the Executive Committee meeting on September 1, 2010 MOTION: For the Chula Vista Chamber of Commerce to not look at anymore endorsements for this year's election (Lisa Johnson, Steve Miesen; Abstention: Scott Vinson: All in favor) VI. Adiournment a. To Tourism Marketing District Update- Tourism Marketing District Update Order of Business [. Call meeting [o order IL Public Communications a. Chair Opens for Public Comment b. Chair Closes Public Comment III. CEO'S and V.P of TMD/ Hotel Motel Committee Update a. CEO, Lisa Cohen- Tourism Mazketing District Update b. V.P. TMD/ Hotel Motel, Nicole Hohenstein-Hotel Motel Committee Update 1. Next Hotel Motel Committee meeting September 14ih, 2010 at 11:00 a.m. 7-124 1. Guest Speaker: AAA IV. Adjournment a. To regulaz Board or Directors Committee meeting VI. Re-Open Regular Board of Directors Meeting- VII. Guest Saeaker- a. Honorable Mavor Cheryl Cox- City of Chula Vista 1. TOPIC: Utility Users Tax VIII. CEO's Resort- Lisa Cohen IX. Officers Reoort- a. Vice President of Finance- Kevin Carlson 1. Financial Renort and Liability Summery *PPS Outstanding Balance MOTION: To approve ConVis and Chamber fmancials for the month of August MOTION: ;Vote: b. Vice President of Government Affairs- Steve Miesen 1. Discussion of Motion made at the Executive Committee meetine on September 1.2010 MOTION: For the Public Policy and/or the Economic Development Committee to gather more information on prospective water rate increases and to bring their recommendations to the Board of Directors (Lisa Johnson, Bob Bliss; All in favor) c. Vice President of Economic Development- Jav Noms 1. Meeting for August 2010 was cancelled due to Guest Speaker having to reschedule. d. Vice President of Internal Affavs- Lisa Johnson 1. New Members for the month of August e. President Elect- Bob Bliss f. Past President- Lourdes Valdez X. T.A.V.A Uudate- Greg Mattson XI. New Business XII. Old Business XIII. Adiournment- a. To next scheduled meeting Wednesday, October 13s`, 2010 at 7:30 a.m. 233 4 Avenue, Chula VISta, CA 91910 * (6l9) 420-6603 Phone * (619) 420-1269 Fax * www.chulavistachamber.or' 7-125 Chula Vista Tourism Marketing District 7-126 Annual Budget, Year Three CHULA VISTA CHAMBER of COMMERCE Board of Directors - Meeting Agenda Wednesday, October 13, 2010 Chula Vista Chamber of Commerce Board Room - 233 4a' Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Call meeting to order- II. Pledge of Allegiance III. Roll call P A E P A E Scott Vinson ^ ^ ^ Brett Davis ^ ^ ^ Lourdes Valdez ^ ^ ^ Mike Green ^ ^ ^ Bob Bliss ^ ^ ^ Bill Hall ^ ^ ^ Kevin Carlson ^ ^ ^ David Hof&nan ^ ^ ^ Nicole Hohens[ein ^ ^ ^ Greg Mattson ^ ^ ^ Lisa Johnson ^ ^ ^ Charles Moore ^ ^ ^ Steve Miesen ^ ^ ^ Jaime Ortiz ^ ^ ^ Jay Notris ^ ^ ^ Jerty Rindone ^ ^ ^ Lisa Cohen ^ ^ ^ Jyo[i Samlia ^ ^ ^ Dr. Lowell Billings ^ ^ ^ Claudia Valenzuela ^ ^ ^ Richard D'Ascoli ^ ^ ^ IV. Approval of September's meeting miputes V. Presidents Report- Scott Vinson a. Installation Dinner Date- Friday, January 21"',201 i b. Boazd Retreat Date- Wednesday, February 9, 2011 from 7:30 - 12:30 p:m. at the Chula Vista Chamber Board Room - VI. President Elect- Bob Bliss a. Chaired Executive Committee meeting on October 6, 2010 MOTION: To combine the Economic Development and Public Policy Committee on Wednesday, October 27, 2010 from 2-4 p.m. and to have a public forum to invite the media and have the public there (Steve Miesen, Lourdes Valdez; All in Favor) VII. Adjournment a. To Tourism Marketing District Update- Tourism Marketing District Update Order of Business I. Call meeting to order II. Public Communications a. Chair Opens for Public Comment ~-127 b. Chair Closes Public Comment III. CEO'S and V.P of TMD/ Hotel Motel Committee Update a. CEO, Lisa Cohen- Tourism Marketing District Update b. V.P. TMD/ Hotel Motel, Nicole Hohenstein- Hotel Motel Committee Update 1. Next Hotel Motel Committee meeting November 9'", 2010 at 11:00 a.m. ai Karina's Mexican Seafood Restaurant IV. Adjournment a. To regulaz Boazd or Directors Committee meeting VI. Re-Open Reztilar Board of Directors Meetine- VII. Guest Soeaker- a. 8:30 a.m: Lynnette Tessitore-Lopez- City of Chula Vista TOPIC: Historical Preservation Program and Ordinance VIII. CEO's Report- Lisa Cohen 1X. Officers Reoort- a. Vice President of Finance- Kevin Cazlson 1. Financial Report and Liability Summery *PPS Outstanding Balance MOTION: To approve ConVis and Chamber financials for the month of September. MOTION: ;Vote: b. Vice President of Govemmen[ Affairs- Steve Miesen 1. Join[ Committee meeting with EDC 2. Chairman of Public Policy resignation was given on Wednesday, September 29,2010 c. Vice President of Economic Develwment- Jay Norris 1. Joint Committee meeting with Public Policy • Motion made at the Joint EDC and Public Policy Committee meeting on September, 29, 2010. MOTION: To have the Chula Vista Chamber sponsor a member forum that invites the Board Members from Sweetwater Authority, Otay Water District and candidates for office to a panel discussion in conjunction with water rates, impacts on business and measures that should be taken relative to expansion of sustainment of water production and transport infrastructure (Bill Hall, Alan Pentico; All in favor) d. Vice President of Internal Affairs- Lisa Johnson 1. New Members for the month of September e. Past President- Lourdes Valdez X. T.A.V.A Update- Gree Mattson XI. New Business XII. Old Business XIII. Adjournment- a. To next scheduled meeting Wednesday, November 10`", 2010 at 7:30 a.m. 233 4" Avenue, Chula Vista, CA 91910 * (619) 420-6603 Phone • (619) 420-1269 Fax * www chulavistachamber.ots 7-~28 ~ CHULA VISTA CHAMBER of Board of Directors Meeting Agenda Wednesday, November 10, 2010 Chula V ista Chamber of Commerce Board Room 233 4m Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. COMMERCE I. Call meeting to order- II. Pledge of Allegiance III. Roll call P A E P A E Scott Vinson ^ ^ ^ Brett Davis ^ ^ ^ Lourdes Valdez ^ ^ ^ Mikc Green ^ ^ ^ Bob Bliss ^ ^ ^ Bill Hall ^ ^ ^ Kevin Carlson ^ ^ ^ David Hoffman ^ ^ ^ Nicole Hohenstein ^ ^ ^ Greg Mattson ^ ^ ^ Lisa Joluuson ^ ^ ^ Charles Moore ^ ^ ^ Steve Miesen ^ ^ ^ Jaime Ortiz ^ ^ ^ lay Norris ^ ^ ^ ]eny Rindone ^ ^ ^ Lisa Cohen ^ ^ ^ Iyoti Sarolia ^ ^ ^ Dr. Lowell Billings ^ ^ ^ Claudia Valenzueta ^ ^ ^ Richard D'Ascoli ^ ^ ^ IV. Approval of September's meeting minutes a. No quorum in the October meeting V. Presidents Report- Scott Vinson a. December 3, 2010-Fast Friday Breakfast will be the State of the Chamber Address b. Installation Dinner Date- Friday, January 21`',2011 at Bonita Golf Course c. Board Retreat Date- Wednesday, February 9, 2011 from 7:30 - 12:30 p.m. at the Chula Vista Chamber Boazd Room VI. Adjournment a. To Tourism Marketing District Update- Tourism Marketing District Update Order of Business I. Call meeting to order II. Public Communications a. Chair Opens for Public Comment b. Chair Closes Public Comment III. CEO'S and V.P of TMD/ Hotel Motel Committee Update a. CEO, Lisa Cohen- Tourism Mazke[ing District Update b. V.P. TMD/ Hotel Motel, Nicole Hohenstein- Hotel Motel Committee Update 7-129 1. Next Hotel Motel Committee meeting November 9`", 2010 at 11:00 a.m. Guest Speaker's: Chief of Police David Bejarano and Pacific Sales IV. Adjournment a. To regular Boazd or Directors Committee meeting VI. Re-Open Reeular Board of Directors MeetinQ- VII. CEO's Report- Lisa Cohen VIII. Officers Report- a. Vice President of Finance- Kevin Carlson 1. Financial Report and Liability Summery *PPS Outstanding Balance MOTION: To approve ConVis and Chamber financials for the month of September. MOTION: ;Vote: b. Vice President of Government Affairs- Steve Miesen I. Joint Committee meeting with EDC c. Vice President of Economic Development- Jav Norris 1. Joint Committee meeting with Public Policy Discussion regazding Water Informationai Forum on October 27, 2010 at the Chula Vista Nature Center d. Vice President of Internal Affairs- Lisa Johnson I. New Members for the month of October e. Past President- Lourdes Valdez L Call to Action for [he Boazd of Directors at the State of the Chamber Address on December 3, 2010 at the San Diego Country Club IX. T.A.V.A Update- Grea Mattson X. New Business XI. Old Business XII. Adiournment- a. To next scheduled meeting Wednesday, December 8'h, 2010 at 7:30 a.m. 233 4' Avenue, Chula Vista, CA 91910 * (619) 420-6603 Phone • (619) 420-1269 Fax * www chulavistachamber.ore 7-130 CHULA VISTA CHAMBER OF COMMERCE Board of Directors Meeting Agenda Chula Vista Chamber Boazd Room 233 4th Avenue, Chula Vista, CA 91910 Wednesday, December 8, 2010 7:30 a.m. - 9:30 a.m. I. Meeting called to order- II. Pledge of Allegiance III. Roll Call P A E P A E Scot[ Vinson ^ ^ ^ Greg Mattson ^ ^ ^ Lourdes Valdez ^ ^ ^ Charles Moore ^ ^ ^ Bob Bliss ^ ^ ^ Jaime Ortiz ^ ^ ^ Kevin Carlson ^ ^ ^ Jerry Rindone ^ ^ ^ Nicole Hohenstein ^ ^ ^ Jyo[i Samlia ^ ^ ^ Lisa Johnson ^ ^ ^ Claudia Valenzuela ^ ^ ^ Steve Miesen ^ ^ ^ Jay Norris ^ ^ ^ NEW INCOMMINC BOARD OF DIRECTORS FOR 2011 Lisa Cohen ^ ^ ^ Bryan Fuller ^ ^ ^ Dr. Lowell Billings ^ ^ ^ Todd Gualameau ^ ^ ^ Richard D'Ascoli ^ ^ ^ Dr. Henry Kikunaga ^ ^ ^ Brett Davis ^ ^ ^ Kevin Marshall ^ ^ ^ Mike Green ^ ^ ^ Pablo Velez Bill Hall ^ ^ ^ David Hoffman ^ ^ ^ TV. Presidents Reoort- Scott Vinson a. Installation Dinner Date- Friday, January 21, 2011 at Bonita Golf Course b. Boazd Retreat Date- Wednesday, February 9, 2011 from 7:30 a.m. to 12:30 p.m. at the Chula Vista Chamber Boazd Room. V. Adiournmen[- a. To Tourism Mazketing District Update Tourism Mazketing District Update I. Meeting called to order- II. Public Comment- a. Chair Opens for Public Comment b. Chair Closes Public Comment III. CEO's and V.P. of TMD/ Hotel Motel Committee Meeting Update a. CEO, Lisa Cohen- Tourism Marketing District Update b. V.P. TMD/ Hotel Motel Cmmt. Nicole Hohenstein-Hotel Motel Committee Update IV. Adiournment- a. To regulaz Boazd of Directors meeting 7-131 Boazd of Directors Meeting VI. Re-Open Regular Board of Directors Meetine- VII. Guest Speaker- a. Jim Sandoval- City Manager for the City of Chula Vista VIII. CEO's Report- Lisa Cohen IX. Offfcers Report- a. Vice President of Finance- Kevin Cailson Motion to approve Chamber and ConVis Financials for the month of October MOTION: ;Vole: b. Vice President of Government Affairs and Policy- Steve Miesen 1. Public Policy Committee Dazk for the month of December c. Vice President of Internal Affairs- Jay Norris 1. Economic Development Committee Dark for the month of December d. Vice President of Intemal Affairs- Lisa Johnson 1. New Members for the month of November e. Past President-Lourdes Valdez R TAVA- Gree Mattson XI. New Business- XII. Old Business- XIII. Adiournment- a. To next scheduled meeting Wednesday, January 12, 201 I at 7:30 a.m. 7-132 ~ CHULA VISTA CHAMBER OF COMMERCE Board of Directors Meeting Agenda Wednesday, January 12, 2011 Chula Vista Chamber-Board Room 233 4`h Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Mee[ine called to order- II. Pled¢e of Alleeiance III. Roll Call Bob Bliss Scott Vinson Lisa Johnson Kevin Carlson Nicole Hohenstein Jay Noms Steve Miesen Jeay Rindone Lisa Cohen Richanl D'Ascoli Bryan Puller Todd Gualameau Mike Green Bill Hall David Hoffman P A E ^ ^ ^ ^^^ ^^^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Dr. Henry Kikunaga Kevin Marshall Charles Moore Jaime Oniz Jyoti Samlia Claudia Valenzuela Pablo Velez Greg Mattson P A E ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ I. Public Comment- a. Chair Opens for Public Comment b. Chair Closes Public Comment II. CEO's and V P. of TMD! Hotel Motel Committee Meeting Update a. CEO, Lisa Cohen- Tourism Mazketing District Update b. V.P. TMD/Hotel Motel Cmmt. Nicole Hohenstein- Hotel Motel Committee Update IV. GuestSpeakers- a. Cindy Gompper- Graves- South County EDC i. TOPIC- Economic Climate & Services b. Rudy Ramirez- City of Chula Vista Deputy Mayor V. CEO'S Report- Lisa Cohen VI. Presidents Report- Bob Bliss a. Installation Dinner Date- Friday, January 21, 2011 at Bonita Golf Course b. Board Retreat Date- Wednesday, February 9, 2011 from 7:30 a.m. to 12:30 p.m. a[ the Chula Vista Chamber Boazd Room. VI. Officers Report- a. Vice President of Finance- Kevin Carlson 7-133 Motion [o approve Chamber and ConVis Financials for the month of November MOTION: ;Vote: b. Vice President of Government Affairs and Policy- Steve Miesen I. Public Policy Committee Dazk for the month of December c. Vice President of Internal Affairs- Jav Norris 1. Economic Development Committee Dark for the month of December d. Vice President of Internal Affairs- Jerrv R. Rindone 1. New Members for the month of December e. President Elect- Lisa Johnson f. Past President- Scott Vinson VII. T.A.V.A. Update- Greg Mattson VIII. New Business- IJC. Old Business- X. Adiournment- a. To the Board of Directors Retreat on Wednesday, February 9, 2011 from 7:30 a.m. to 12:30 p.m. 7-134 ~ CHULA VISTA CHAMBER OF COMMERCE Board of Directors Meeting Agenda Wednesday, March 9, 2011 Chula Vista Chamber Board Room 233 4ei Avenue, Chula Vista, CA 91910 7:30 a.m. - 9:30 a.m. I. Meetine called to order- II. Pledge of Allegiance III. Roll Call Bob Bliss Scott Vinson Lisa Johnson Kevio Carlson Nicole Hoheretein Jay Norris Steve Miesen Jerry Rindarie Lisa Cohen Richard D'ASCOII Bryan Fuller Todd Galameau P A E P A E ^ Q ^ Mike Green ^ ^ ~ Bill Hall ^ ^ ^ ^ ^ ^ David Hoffman ^ ^ ^ ^ ^ ^ Dr. Henry Kikunaga ^ ^ ^ Kevin Marshall ^ ^ ^ ^ ^ ^ Greg Mattson ^ ^ ^ ^ ^ ^ Charles Moore ^ ^ ^ ^ ^ ^ Jaime Orciz ^ ^ ^ ^ ^ ^ Jyoti Sarolia ^ ^ ^ ^ ^ ^ Claudia Valer~zuela ^ ^ ^ ^ ^ ^ Pablo Velez ^ ^ ^ ^ ^ ^ I. Public Comment- a. Chair Opens for Public Comment b. Chair Closes Public Comment H. CEO's and V P of TMD/Hotel Motel Committee Meefing Update a. CEO, Lisa Cohen- Tourism Marketing District Update b. V.P. TMD/ Ho[el Motel Cmmt. Nicole Hohens[ein-Hotel Motel Committee Update IV. Guest SDeakers- a. Councilwoman Pat Aguilar- City of Chula Vista V. Approval of February's Meetine Minutes MOTION: ;Vote: VL CEO'S Report- Lisa Cohen VII. Presidents Report- Bob Bliss VI. Officers Renort- a. Vice President of Finance- Kevin Carlson Motion to approve Chamber and ConVis Financials for the month of January MOTION: ;Vote: b. Vice President of Government Affairs and Policv- Steve Miesen c. Vice President of Internal Affairs- Jav Norris For the month of February the Economic Development & Public Policy was a joint meeting. 7-135 d. Vice President of Internal Affairs- Jem R. Rindone 1. New Members for the month of February e. President Elect- Lisa Johnson f Past President -Scott Vinson VII. T.A.V.A. Uadate- Gre¢ Mattson VIII. New Business- IX. Old Business- X. Adiournment- a. To Wednesday, April 13, 2011 from 7:30 a.m. to 9:30 a.m. IF YOU WISH TO ADDRESS THE TOURISM MARKETING DISTRICT UPDATE Persons wishing to address the Tourism Marketing District Update on any agenda item should complete a Request to be Heard card and submit it to the Recording Secretary. Individuals may also speak to any item not appearing on the agenda under Oral Communications. Legally, the Tourism Marketing District Update may discuss, but not lake action, on topics brought up under this section of the agenda. State law stipulate that no oral presentation shall include charges or complaints against any employee, including the Chief Executive Officer, regardless of whether or not the employee is identified by name or by another reference which tends to identify. California law requires that all charges or complaints against employees be addressed In Closed Session unless the employee requests a public hearing. All such charges or wmplaints therefore must be submitted to the Committee under the provision of the Chamber's policy. Speakers are requested to limit remarks to five minutes. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Chula Vista Chamber of Commerce, in compliance with the Americans with Disabilities Act and California Government Code section 54953.2, provides spedal accommodations to individuals who may need assistance with access, attendance, andlor participation in Tourism Marketing District Update meetings, induding alternative formats for agendas, documents constituting agenda packets, and materials disbbuted during public meetings. Upon written request to the Chamber, disability-related mod~ptions or acwmmodations, including auxiliary aids or services, will be provided. Please contact the office at (619) 420-6602, for spedfic information on resources or programs that may be available for such accommodation. Please call al least 46 hours in advance of meetings and five days in advance of scheduled services and activities. Translation and Hearing-Impaired services are also available. AGENDA AND DISTRIBUTION OF WRITINGS TO MEMBERS OF THE PUBLIC The Chula Vista Chamber of Commerce, in wmpliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Tourism Marketing DisVict Committee in advance of a meeting, may be. reviewed at the scheduled meeting. EQUAL OPPORTUNITY EMPLOYER The Chula Vista Chamber of Commerce is committed to providing equal educational, contracting, and employment opportunity to all in strict compliance with all applicable state and federal laws and regulations. Individuals who believe they have been a victim of unlawful discrimination in employment, conVading, or in arc educational program may fle a formal complaint with the Chula Vista Chamber of Commerce. 7-136 CHULA VISTA CHAMBER OF COMMERCE Boazd of Directors REVISED Agenda Wednesday, April 13, 2011 Chula Vista Chamber of Commerce 233 4`s Avenue, Chula Vista, CA 91910 7:30 a.m. I. Call mee[ina to-order II. Pledee of Alleeiance III. Roll Call P A E P A E Bob Bliss ^ ^ ^ Mdre Green ^ ^ ^ Scott Vinson ^ ^ ^ Hill Ha6 ^ ^ ^ Lisa Johnson ^ ^ ^ David Hoffinan ^ ^ ^ Kevin Carlson ^ ^ ^ Dr. Henry Kikunaga ^ ^ ^ Niwle Hohenstein ^ ^ ^ Kevin Mazslull ^ ^ ^ Jay Noms ^ ^ ^ Greg Mattson ^ ^ ^ Steve Miesen ^ ^ ^ Charles Moort ^ ^ ^ Terry Rindone ^ ^ ^ Jaime OKiz ^ ^ ^ Lisa Cohen ^ ^ ^ Jyoti Sarolia ~ ~ ^ ^ ^ Richard D'Ascoli ^ ^ ^ Claudia Valerizuela ^ ^ ^ Bryan Fuller ^ ^ ^ Pablo Velez ^ ^ ^ Todd Galameau ^ ^ ^ IV. Public Comment- a. Chair Opens for Public Comment b. Chair Closes Public Comment V. CEO's & V P of TMD/ Hotel Motel Committee Update a. CEO of Tourism Mazketing District- Lisa Cohen b. V.P. of TMD/ Hotel Motel Commi ttee- Nicole Hohenstein VI. Approval of March's meefina minutes MOTION: ,VOTE: VII. CEO's Report- Lisa Cohen VIII. Presidents Report- Bob Bliss IX. Guest Speaker's a. 8:05 a.m. Brendan Reed- Environmental Resource Manager; City of Chula Vista TOPIC: Drafr Climate Adaptation Plans b. 8:30 a.m. Tiffany Allen- Fiscal & Management Analyst; City of Chula Vista TOPIC: Development Services Fee Study X. Officer's Report's a. V.P. Finance- Kevin Cazlson i. Motion to approve the Chamber and ConVis financials for the month of Febtuary MOTION: ,VOTE: b. V P Government Affaris & Policy- Steve Miesen c. V P Economic Development- Jay Norris ***JOINT EDC & PUBLIC POLICY COMMITTEE MEETING IN MARCH CANCELLED DUE TO LACK OF QUARUM d. V P Internal Affairs- Jetrv Rindone e. President Elect- Lisa Johnson f Past President- Scott Vinson\ XI. TAVA Update- Gree Mattson XII. New Business- XHI. Old Business- XIV. Adiournment- a. To Wednesday, blay 11, 2Cg1-1• ~~ 7:30 to 9:30 a.m. CHULA VISTA CHAMBER Board of Directors OF COMMERCE Agenda Wednesday, May 11, 2011 Chula Vista Chamber of Commerce 233 4'b Avenue, Chula Vista, CA 91910 7:30 a.m. I. Call meetine to order II. Pledge of Allegiance III. Roll Call P A E P A E Bob Btiss ^ ^ ^ Mike Groan ^ ^ ^ Scott Vinson Bill Hall ^ ^ ^ Lisa Johnson ^ ^ ^ David Hoffman ^ ^ ^ Kevin Carlson ^ ^ ^ Dc Henry Kikhnaga ^ ^ ^ Nicole Hohenstein ^ ^ ^ Kevin Marshall ^ ^ ^ Jay Noms Mk ^ ^ ^ ^ ^ ^ Greg Mattson Charles Moore ^ ^ ^ xn Sreve Jerry Rindone Jaime ORiz ^ ^ ^ Lisa Cohen lyoti Sarolia Richard D'Axoli Claudia Valenzuela Bryan Fuller ^ ^ ^ Pablo Velez ^ ^ ^ Todd Gelameau ^ ^ ^ IV. Public Comment- a. Chair Opens for Public Comment b. Chair Closes Public Comment V. C_EO's & V P of TMD/Hotel Motel Committee Update a. CEO of Tourism Mazketing District- Lisa Cohen b. V.P. of TMD/ Hotel Motel Committee- Nicole Hohenstein VI. Approval of April's meeting minutes MOTION: ,VOTE: VII. CEO's Report- Lisa Cohen VIH. Presidents Report- Bob Bliss IX. Guest Speaker's a. 8:00 a.m. Commissioner Ann Moore; Port of San Diego b. 8:30 a.m. Wanda Lee Baily; City of Chula Vista X. Officer's Report's a. V.P. Finance- Kevin Carlson i. Motion to approve the Chamber and ConVis financials for the month of March MOTION: ,VOTE: b. V P Government Affarrs & Policv- Steve Miesen c. V P Economic Development- Jav Noms ***JOINT EDC & PUBLIC POLICY COMMITTEE MEETING IN APRIL WAS CANCELLED DUE TO GUEST SPEAKER UNABLE TO ATTEND THE MEETING d. V P Internal Affairs- Jerrv Rindone e. President Elect- Lisa Johnson £ Past President- Scott Vinson XI. TAVA Update- Greg Mattson XII. New Business- XIII. Old Business- XIV. Adiournment- a. To Wednesday, June 8, 2011 from 7:30 to 9:30 a.m. 7-138 HULA VISTA CAMBER OF COMMERCE TMD Update & Board of Directors Agenda Wednesday, Juae 8, 2011 Chula Vista Chamber Boazd Room Chula Vista, CA 91910 I. Called meeting order II. Pledge of Allegiance III. Roll Call P A E P A E Bob Bliss Mike Green ^ ^ ^ Scott Vinson Bill Hall ^ ^ ^ ^ ^ ^ Lisa Johnson ^ ^ ^ David Hoffman ^ ^ ^ Kevin Carlson ^ ^ ^ Dr. Henry Kikmuga Niwle Hohensrein ^ ^ ^ Kevin Marshall ^ ^ ^ ^ ^ ^ Jey Norris ^ ^ ^ Greg Mattson Steve Miesen ^ ^ ^ Charles Moore i O o °^ °^ rt z Jerry Rindone Jaime Lisa Cohen Jyoti Sarolia Richard D'ASCOIi Claudia Valenzuela Bryan Fuller ^ ^ ^ Pablo Velez ^ ^ ^ Todd Galameau ^ ^ ^ IV. Public Comment a. Chair opens for public comment b. Chair closes public comment V. CEO's & V P of TMD/ Hotel Motel Committee Uadate a. CEO of Tourism Mazke[ing District- Lisa Cohen b. V.P. of TMD/ Hotel Motel Cmmt.-Nicole Hohenstein VI. Approval of Meeting Minutes a. Discussion and Approval of May meeting minutes MOTION: ;VOTE: VII. CEO's Report- Lisa Cohen VIII. Presidents Report- Bob Bliss IX. Guest Speaker a. 8:00 a.m. Tiffany Allen- City of Chula Vista TOPIC: Development Service Fee Smdy X. Officers Reoorts a. V.P. Finances- Kevin Cazlson Discussion and Approval of April financials for the Chamber and ConVis i . MOTION: ;VOTE: b. V.P. Government Affairs- Steve Miesen V P Economic Development- Jav Norris c . i. Report for Joint Econgmic Development and Public P olicy meeting on May 25`h will be given by Lisa Johnson d. V P of Internal Affairs- Jerrv Rindone i. New members for the month of May e. President Elect- Lisa Johnson £ Past President- Scott Vinson XI. TAVA Uoda[e- Greg Mattson XII. New Business XIII. Old Business XIV. Adjournment a. Next meeting Wednesday, July~3„~L~1~ W H Z CW C Z U Q Q _ - ~ -, q7{ iy ~ ~y,~, ... .. .."`'~s~>.~ aa:'. +'~4'~:..sit`- 'Lfxst~+'3P"~+ ~ L~..S* .,." .: ti!X'~^'r.... au-:,'3 .:.~' a=~~~ -T~...4...t~k` ~.°t7a":.~:~, Tourism Marketing District Update O Presented by Lisd Cohen, CEO %- - yy- ' a.~ ». ~"',~. k~ ~ ~> ~;.g.~ ::r ~;y~£. M1. ~,a-,. ti- .~..~r~•..:a.,.'k~w,a 3e~Ys+4~.~~:tiez. ~lil~:.. Chula Vista TBID Annual Report Year Two _~ ~uly zoio-~une zorz Projected Annual Budget, Year Two: Sales and Marketing: $16~,24o N ;~t r~ . >~ Communications and Public Relations: $220,161 '' AC11111n1St1'at1Ve / Opel'atlonS: $I,000 Contingency / TMD Renewal (5%): $2,005 Total Tourism Marketing District Budget.• X390,406 4. .h ~'W. M1 ,,\ y hl M1rf waP~ A:: S~,M yyi • ~. E #, f a-.q s {e ~~~'1" -~*.+s^t'?+.a ,1+, *:j 2 $+" !},~'9s5~~~ ~ }l~? $}•~. ,. :. ~ ~ v <~. ~, r. ,.Yf 3e.. A~_ .4 ~`+.. 1~tiu Lts k 1E k ~. Actual Expenditures, Year Two: Sales & Marketing: $186,340 Communications & Public Relations: $226,563 Administrative /Operations: $I,ooo Contingency / TMD Renewal (5°~0): $445 ACT UAL Tourism Marketing District Budget: ~414~348 M ct r I r ,: ~aYC yt .s° gv.t.. ~ ~ - ...fix ~'aayy~S~'~y._ _ r~ ...,r.. , ~.. .~k'.r. ~ -~-. .+.~: e- S~'+.1~.i~6. _ ~'~ . cy€'5~:~. yYr . - -. ...~ i ... ^.91.1 ~-.: ~ ~4'± .cr%. Projected Annual Budget, Year Three: ~`~ Sales & Marketing: $159,882 k ~.r~ Communications & Public Relations: $250,866 Administrative /Operations: $i,ooo Contingency / TMD Renewal: $z,o~6 Tourism Marketing District Budget.• ~4r2, 824 ~_ r ::-. a.zYG3.~~ ~ ~ r ~'F~~+G"..,rd°'rs ~ ~rY' _~v+y x s#~3 i~uws' x+e' .....-: ^' Annual Obligations Formation d~' Reimbursement Expense $50,000 annually (Expenses accrued January aoo8 -June 30, Zook) Collaboration Contract with the City of Chula Vista $50,000 annually (Senior Graphic Designer) Full-Cost Recovery for 2.S%Assessment Collection, $12,600 annually, cap at 3010 (City of Chula Vista) r Meetings • Monthly Mixers •Annual Tradeshow • Monthly VCNMeetings • Bi Monthly Hotel/Motel Meetings • Monthly Education Committee. Meetings • Monthly TMD Board Meetings • South County EDC Tourism Meetings • Event Planning Meetings • Port Meetings •SANDAG Meetings • SANDAG Special Meeting (SRras) • State Lands Commission Events • Harbor Days '' • Mexport Tradeshow • Ribbon Cuttings • Centennial Celebration • Parade Band Review dr Festival • City Events • Rotary Events • Kiwanis Events • TAUA Events ~~'s T~` • .... .. ....... :;>ti: ~;~ ; ~ ~i..,. ~ G- ~= 4J .~ ' ' $ '+f G ~1 Y 5 ~, ~ sF !"`.~y' .~ `~ t ~~ 1 ~- ~` ~ s, _1 ~- ~ . >: rn~r. } - _ i i ~' - . IfORTH r.. /I i,.. _.... I ,J ~ ' !f ~ ` .; "`` ` `.~ . Zone 2 `'~ ,. ~, _.. -- -. ~ ~.. L.._. i. ~- -- f .- F~'y ~ ~ ~ `Ir' f - - ~ - r ~ 4 .' ~ ~I I. ` ~y ` . .! •l 1 I ~ Y... ,'~, ~ J _ ~ I I 5 ' ~ t ~,r ~ ~i \} }' ~ ' ` ~ ~ ~~ IGity- ~£~C1~t1a Vesta f l - ~ . , - ~', `., ; ., 3 - ; ~' ` ~ `` , __ Zone 3 ~. - '' ` Zone 1 I _ ~ ,*~ ,~. t_ ~ _ _ - a~ 1 : _ i f _i;_ ~ _- ayCV^~.., I~L7Zc~'4~ ~.191C,lL --•-- - - .. - -,1 1 n r Eti, CH ULA VISTA I- CHAMBER OF COMMERCE At.. p U.' TE LAV 5CC"., I k CALIFORNIA STATE LANDS COMMISSION 1.. 3ti:~ p r r Boh Miss President, Lisa Johnson President .Elect Scott Vinson Fast President Kevin Carlson .Vice President .Finance. Tour ::~_ ,~=?* ti~^ t K s~~rp ~`.~~x ", t., } +i *~. e=;~: 1~ 0 r Steve Miesen Vice President Public Policy Jay Norris Vice President Economic Development Nicole Hohenstein Vice President T1~D/Hotel Motel Jerry Rindone Vice President ~Tnternal.~f~airs `` ConVis General Manager `' Uisitor Center Manager Bookkeeper k Uisitor Center Info Specialist Uisitor Center Info Specialist Senior Graphic Designer Marcy waver Elena Montano Alicia Ontiveros ~anette Montano Selena Lopez Kim Schanz, r .;. c,~v l,asa ~,orren N Lf~ r r .. ti +, ~. *eN' S) h x .w ~. i« a.:. ,v++.+.r+v.. _. _~....r....y.yyMef.L•.'......a '. ~'rSJL.,. _.. .in . _ .. .-..~ Tourism '£~°MaYketTng I~i~rict,~.lp a e;? ~ 'K~~'' ;'~ ~ ~ z I ,'"mss ~ , _ ~ ,s'~ t ,~CHULA VISTA ~~ ~ ~,5~ r ~ ~, ~'" ~< CHAMBER M~ `~ ~ r ~ ~~ ~~ .,~~~~•` ;, of COMMERCE M r r • My Hometown Magazines • Sunset Magazine. • The StarNews ._~ sy 4: . i. ^sy t ~ ~ -. ~aS `~ ~~~t~ r. s~ } ..\$,cl ,vysXc n 's 5 ~Y ~ s ~+~r5 FESSIVALS y '~ ~r t4 > Ufa s~µINIFW icNiPK~ ~, IE+'~~''~ ~ '~ .3 c ,S7 flit MCfM~~ ~4k b •.4.'.'~ °N.lurn.AR ,.. l"'.....22 AUGUS ~ ~ .. ~', ~, L &uPVO-I IoC~I b,um5ssa5 -_ dlHl i0l dJcfS - Ih iy S'JppOil YGUI ~~. _ - - - , , ~ ~ Shop , . v.~, m.. ,.,,~. ....,...,, ... . , .,,h.,. ~.~ ~..,n, ... ..~ ... ..~ . -, lL.e . 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Offers Current and Archived Publications Estimated readership: 3i,3oo/month Total Circulation: ao,9oo/month Page Views: 9,ooo/month `=-e r= eta ~11L~L~ ~`~~iFnrnia I FIND yOURiILF NIRF 20I0 CO/ftiiC~ NS /O ~ p~lVi I~otN IY.Y~IrlPN)OrK[6(6 U[Syt/ awhvm Enanee[ aepparN.[e Mrlav sw[naminn.nry 619 420 6603 qula VUIa CbnrenW aY bn Burtau Awl m . 619 42fi.2BB2 t' 1 er'M1Ulav nmm mNw mwlr wn. ~nwem ~_ Gm Sa tNklulan+l.rrlr - OwlaVnrNUrueCarlw', Gu1a Wmku McYrc uurGtir unr Magazine Publication: Circulation: Soo,ooo/year 20II A taala of Italy On SelurJaY murnrnVa wu Iro.vl I.r In> I.ularr lea r w 5 In Ln11111a1Y. br cOllae nnJ u rrnYn Iralra.~ IraaUar,l •,ar r a.INV.la:am, a9/9aa-w u; 9ul.nalrm.<om/no<w I Salting with foodlas !, we ,an un we. c,eez v 1 me . ,...,. ewer eerenaao fi.m9e W a I ~,,~ vanlialmo[om R19/3599081 al your RI 1).1 Boho-chi<boulique La M1 A9a /pudpua.nM /Ilrcna_ oll..r N p a ~ 1 clan are sMU exe a tonernlarr F renrn [ol mez, nm w. ~~ Send us 5 thin3s you love about your Callfor vn_r e.. ~ d In thu 2012 Ulficial State Visitor s G A visitealifomia.eo -> T ~ - SAN DIEGO DISTRIC nn.9pmmxlnerv9A.1. 619/us-n.l: noo ' See map, p. 190 Orenga iva Learn aeoul COroweeanr.to~_. rncluemq lne nowc HOlel tlel COronaao CHULA VISTA (E]) Navy Bea[R. b9 ane eaa[ncomb al..nn llat it np Cnula Vlala VlSllor MlprmaUOn Gnlar, nslrel[M1 OI Sane. 1 ]s0 F 5[.e Qark up, +l` Baps. bn O[aur BoulavaM. 619/a3]~0 00 Sn I- o ~ ~ <~ ~ y r e , ~ + a . a x u a [M1 gnat rpslauranri, wal4 a a Vl[1a Nalun Canler 619~a09-5900 3NSp SUarW SNY aaa[h 619~J35-SIB. 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O ~ ~ ~ O ~ ~ ~ ~ ~~ n ~ n r• n ~ ``JJ,, T l / ~ r /~ N ~ ~ ~"~ ~ i~,t " r-t ~ ° N -~' H v ~ f r O' ~ .. a C~ • O 1O~ 1'd p.t c~-O $~E~msT P~i g~2t ~s'S~~' 9~4 €E ~'S w'm 'x ~~r3x ~=~ f11 cm ~ o ~ ~ ~ ¢ ~i ~~~~ s:~z~ g ~~ ~ ~~ m c ~ ~ p ',~~.~ sg ~g"~ ~~~ Aga s gs ~ ~x~ ~~ a~p ~ @ s{ {.~~_ a sx~ ~ a o 7~6gx ~~ ~ ~ ~ ~~ ~~" ~ ~ o ~ x ~~a~€ ~ ~ pfd-g~ ~ ~ ¢1 c"e_ °~'~~~`°5~_ g~ ~ as s ~ a a 8 s,": c. m, g~`G =€~5~-~g2a`'~ ~-' ~~`~~~ ~' ~ ~~8 8:_~~x ~s~ '~ sp ¢ ~~lJ ~s a a3 'a=,'-~c= a C ~~~:§`'>Y~ `a"9 r :~3 ~a ~3 ~~@~~,~ m~~~P ~ ms.a'~ 8 ,~-~ s€6 e$3~~~ S35 S,8:.€x~' ~~ ~ e °'s' a e m ~ ~T" m ~ cgx Ei4e ~ata~_s~x x ~ N A =. n S C N ~ m ~,' z'; o. , 3 :;'1 =~ 4}~ Yy O ~~.~i`~ m ~ ~/~i, Q '.' ~. d b ' r. a x.., m ~. .y;,. n, ,,, ~. ;~s 7-159 Tourism £~ Marl ,~.,~ • ~ bsite Promotion) • Partnership with the City • Twitter Collaborative • Faceboo~, ~:~. ,~. ~.. n~~~, ~~~ ~, . - _._.. -...J_.. ~c.uL.-. .... i 11c .. ~~ ,~CHULA V[STA CHAMBER of COMMERCE L _, 4Y ~* ~~., Spa t,.:. ~. ~~ '+~ as ,~.'''"~, . r2~C`/ Promoting '~ Chula Vista's .t` places to Dine, Shop and Stay on the Chamber's home pages A (~ ~ Chula Vista Chamber of Commerce ~ - ~ + Fl htcn:fisxxv.chulavistachamber.om/ C 4 i CHAMBER chamber 5ervlres Chamber Attlvltlei Chamber' Team ~- CHULA VISTA CHAMBER of COMMERCE BUSINESS Search News Articles auslness Resources ' auslness Search ~I Date Description Chamber olrettorv 1/12/2011 2011 h1IxER more Sob eoar9 CALENDAR II 11)16(2010 2011 FIRST more COMMUNITY FRIDav Olscouer Chula vista ,. BREAKFAST HOST CommuN[v Intolmatlon SCHEDULE Chula Vlrta ConVls Ch01d Vlita Attrattl0n5 11(10/2010 CHULA VISTA more CHAMBER OF '~ COhl h1ERCE FLYER ©~ DEADLINES FOR ~ rru.reu ..y nre Bonita GoB Club Tnne: 530 PM to T. 30 Plot Thurtlay, AuOuat'S EGUCetian Committee Meeting Tlrcie'. 7 "L'00 PM to 1'.30 FM Tuea~TaY. AuguM 50 Economic Beuelopment Committee View Comolete List of Events DINE ~ SHOP ~ STAY T~ YI/Itl[rL ~~Wyy PHHOOIOTICS ,.:., r:.,~~., ~Oe9PM19ht 20tr. ChvW Vista Chamber orfanmerce. AY rlphts reservetl. 333 Fwrth Ave. I UuH Vkt; U 91919 ' Poore: t6t9) Qn~6693 t EMAIL Y= ~ '. `°` z ~; Y ~ [. ~\ ~~~ ~~ ,« 2011. Membership 6 Resource Culde ~- AChamber Directory -Invest in Chula~Vis[a Ilavi s[achamber.omlChamberDirec[orvlinvesCas6 Criula VISTA CHAMBER of COMMERCE become a memb e r ` .. ~, ., J~ '~ ~ /er~~- "~ p_~y."~! 8n~ your business to the nnl kvell / -' CHAMBER i; 2011 Membership & Resource Guide CNTCfI SPIVI[PS CNm~el PRlvlnei ' enamoer ream ' : I t ti M i ~ n erac ve agaz ne «~r~•a=vv„~. .'. BUSINESS _._.. ___. _. _..._- tluSIM550.G50wtt5 ~' nualress warm ' - Complete 2011 niraaorv enamoer p reanrv ~?~~ '~ Reatl by Section: COMMUNITY ' pismver Clmia vista • The Chambe' CYTm WI[u InrgRld[Ot. [bYd VISA CYnV15 ifd a n'IXO 'FINS d+ACCf)mlf[CM A CCYIa V Ra F[[ aR CY • In Vest'n [f1Ua V Sta Via[ f fN[ n aM Sfdy p(YS dffra [}ACM aCO [venf5 ©~ • Bus ness m Chula Vista u ioays deu-~>~umcn'. v~aamme mrwed f .. e Cbmmt niv v wmty pmnle n,'us a!I aOOUY eOwNwe o`rymNm , ~ e [N rt AAanes ergo rerrt'alion [ertert - B • L v nu b Chula Vista 4(l~51 f ng, [CmmLO6~eS RTrt--inert oS~rtMiti¢5, f~`C [ -5 -'livery, anC CInNYSWSm9Cenbal5m~dp - Albhabetlcal Business Llstl tgs • Categor cal Bus ness L sC ngs Dowlaadable(Prin[able Filesr~v.m. .Table or Contents lodge 3) L • The Charnbe' lodges 6-11) • Invest n Cnula V std (oases 12-241 l~ ~ Business In Uula Vista (oases 26-351 ~ ~ ~ ~l ~AdJGE • Community Igaoes 36-49) ' ' ' n Chula Vsta !pages 50-66) • L v ng V • AlpnabeBCal Business Listings (pages fig-78) ,- ....I. CHULA VISTA OF COMMERCE become a men Bring your business In the next level! Invest in Chula Yista: Places to shop, dine antl stay, plus attractions and events Instru[tlOns: To view in full screen, click [he image below. Click [he arrows to [he righVlef[ of the pages to [urn [hem. To zoom in; click once on the area you'd Ilke to see bigger; move your mouse (without clicking) over the page in any direction to scroll. 7o zoom back ouF, click fhe page again. To exit fLlll screen motle, press Esc. ~_ ( ~ -... ~i 9 'T ® ..--. Open ouhlica[ion -Free publishing -Mare a[[rac[ions . ~r ..: Y • :C ~ ~'' .. Partnership with City: Links to website. Places to Shop, Dine. and Stay; Things to Do, Attractions, and Meeting Spaces mrc f 1 G M ODIG If COUn o ., o,.l~,l, 00 " o o ~TcOavaia ,4q ~/ ai Po ILM 151n ChulaYm _- ~~ .:..: ~., ~'.~.. .. r/,. ~,~ , ~.f _F ~ ~ ~ MLa1 w,.~o G 1..,14 ,~ ,~ y ao sf~ ~ ,o=o _.~I-_ Twitter .~, Collaborative. ~ F Siring FoY2vard and HOP ON the NEW ChulaVista Chamber Social Media Collaborative with ~ ~ ~ ' ~ i~~ ~• li ~ 1 n ~. i. n ~~ / This new Collaborative is designed to aggregate and share social media posts from participating ChulaYism Chamber members through the Chambers Twitter page, expanding [he marketing reach. More = marketing and increased business! S1ieeial Centennial Rate for a Limited Time Only! The first 100 Chula Vista Chamber members to join Get.50% O~the first 3 months! That's ONLY $50 per month (regular race is $100 per month) or ~ 1 SO for 3 months! fast email us! Yodl1 receive an email back with all the details. Ch:t!ai~istaChamb°-~••--•^~~ ^^-- 'Spcual Chula Viaa Chvnlur munbu unman: alw available for individual busimss9'wincr aid Pocclrook accounn (sirup and muinrcnanm). Bsk us! ~~~~,~ ~~, ~~ Ft ,~ _ , a .t ~ .~_ :~. ~t t V ; FOLLOW USI t twit[vcom/ s ~ chambem ._ _. -_ ,._ Benefits: Leverage the Chambdv audience and promote u a group. Ge[ utJimi[ed p~aen on `, ~~} the Chambda Twitter ~ l0 Page r Promote detilla about I r }roar budneu using epeaak, mnteatc, pcomodonq news, etc. Engage andinteraetwith cueromera through §^^d -.- Twicmr. Incmase apoeure, find a new rmeanurbare, and build leadc. Strengthen your brand. Findand dominate your '''.•:gi~--. 'd' compeddon. :4 ' Drive traffic m your . g website and inaea¢ (sot vatic. Affordablu arccsa to sotiil media. Have an mating FacabookorTwitter acmunt?Croat promote! Nolong-term commitment required. ,_, ~ w ~ ~'~ A n C') .Gala Vista Chamber (chambercv) en Twitter C ,...~.~.c__.._...~ ~# ,7 r x + ~', a _,,.~ , ~., + '' ` ~VMK ~ ~~. ` t .,y{ < < ~~~,~ ~ a~ s : ~ Chula Vista Chamber ® Follow Chula Vista Chamber on Y , l ~ a n r~chamhercv Chula vista ca Twitter ~ ,y y >~ct " - ' .; t R s 4% ~ 1 i. ~.., ~ Col L ;u!' i ut Oi arr'I_ - > I "!~•~ ~~~ Twitter Sign up . jFdbw Ten /allow ceameerCV UaM6fOM1 In ~y p Collaborat2vC / Curious how Chula Vista Chamber uses . Tweota - TwltteR ehamberCV - ' Oisf..over was achamberev rdlows ® Pack ur basket! RT : Do you have plans for tomorrow afternoon? Come to our Farmers Market! " ~ ~ ®Ahout ®chamberw -_.:G` v h 4.,M1 ehamberev ® Thanks for th¢ Follovr Friday! rwaeu vabwinp Fobwera tbma xx P .r. L. f ?ym' ehamberev ~ yi ® Chu`a Vista CYY Ci000C11 agenda for 6174!77 available orllne: . z~i i -,:,:, T 1 x Y` i'-~ chambercv vr'. ® Thanks for hosting last nighi's mixer at ur resale < shop - a great way Lo raise $ fol families! ® chambercv Anytime, Eastake! ® chambercv Thank you for attending 8 posting ur photos from our mxer last night at Easts de Sequel! RT yfrog.coMh7v2jnuj ® chambercv Thank you for mentioning us in your daily! FaceboolZ tiv` ^r +?+eC~^_•xs4t~~Y 3 -t 1 i p Yr ~-a~S' f91ffio aa~n"" ..,t.1 c'?i1 LZi ~' .ci_,U ci.~. ~~ ..C'a~ t•.~s"^,4 (- n A ChW Yisu Chamber of Comma. ~ a Id+flhrtp'.Usiww.faceboak.com/paeeslCllWa-Visor{pamper-ot-Commerce/96116J539E1 1 _.. _ .... : a Yrf )~es~ SL ~ C 4IQ•:,,:~'... Chula Vista Chamber of Commerce n.m.Piq. ]_.r P.,.1 __,~, comm..r. ~. :a~I4C1A~. [.~.'-^~® L"~~ rotl,r~a *tla w:x, cexrlm<ra ~~~ oral ,;. s r~~.~ps h.. mrs cn li via. cn.mn.r or commo f - 20L1 N^o IVa m Ov °hx Aa'v ! a Pn a Lintl FIenJS from 0.Y¢y[<, Mumma ~ ~~ ® 3mrnmu h~muo se Qam NYe9ile. N .flndm oc Ole you NnoY: lmm 0.YCgitc Mantuan l fipa fN.m: /uly 3011 Meer NosmJ Ey ShaYey'a pzxa Parlor .,. '.. Ln<hpa Pnoms t .....,.. u PS z p.oo.r nke mis. .,rr_s 1. a, , _„ i~ Ch I Viae Ch M1. 1 C m.. \ a a a I.... - -. n. ~n xry ..., v spmaerea dories c r c Fall ' ~ ~n x az E r ,: ~,=1 oral ~~ .. .r Mfn rn rnP $in DI<4a Pa'4iun Vif lror Ct'nrer Nelwo'M Mra`riny Ilu~lrJ by Chuli Eirn IIiHF Mir MSafui I I] Ewm: V Susliinahilhy. I •I PLUIOi L¢r9Y.,. ' _ ~1Ia !~~'. iS ' :., ITirI M~.I is limos A'v.[.ril the _. ~~~\1 3r FI M1 PriO aM1~.x `~.~ . .e b t ® AmNri flnea Chl uC M1 ICm e 1 Ph C[ Lcl .r ~cr <q 1~~ sn r r n.. SponsoreU Czi i 194 uDVSY J r - ami p.s ~,: wM1m°erWa r. ,H- i. I ~',, .. a.,. s:wor~r.. _ ?.r5i ~sii (~ ~~ t. chit to ~istrc I ~~ • Panomatics Virtual Tours ~~~~s .. .. , _. ~ x>. ' ~ ~ }v ~%G's"~1 u ~.'. ~asia e ~? ''f1aN Y^ ~ }?"tZtEl~ -: PANOmATICS ~~.~.~ ~~ =~ VIRTUAL TOUR SOLUTIONS ~%s N n ~ v f Rhnp ~^ z Showcases rya; Cityscape and X.. P A°: Businesses, plus -Y"~1.~ ;~*~ an interactive n~ w. ~~ map ~_F: - Discover Chula Vissa -the unique 360' panoramic city lour of Chula Viva, CA Welcome to the VVXUaI ChW Ylsta CMy Tout. - a vinual lour unllXe anyNing you've expegenceE. Its a new way b explore beauliNl antl nislorK Chula Vlsla hom viAUaYy anywhere! To slaty IDe virtual ciN lour, you can cgck on Ne image above. sele¢I a pamcular business by usiny tl~e Sredury link (above Ina CnamDerI0A01 Or choose from Ih¢ list of ca@gon¢e tin Ina go10 navlgdlipn area abyveL RAOre..1 ~,, Photo Gallery Technical Requirements Llick an Ne IinX to aownlaatl gesn Olayer for your operatlig system: Oaanloau Fu<n Pla,a Y [7 I:t:ie „f _'. ~ ~ a 1 ~s i s s x'y3 ra` a v 'r`i" -, ~ iTY ? S .., ~ ~ 1~'4°. `~ 5~ ~ Y ~ k# 7[} L "r' SE 3 S ~.1J4 4 ~ l ~T~irtual out ~a x ~~~i~t~~; :~ ~`, ~~~ ~ }~~'~ ~ry,~a }~sY~ ry"s""s FA (l f) d ewefChula YSta-Ne uN9ue 360'panoranncnry coot of [hula Vista, CA VIRTUAL TOUR SOLUTIONS ~.= a yy~ `' i - + N p~/.,:,.~i~ro..w,~ry.h~..M~: c a~ '; l ~ ~ k ~. Y y 'y ~ ~.~ ~ ~ r,.•y~i: . RRR Vuovo Chula Vlna the 9~e 360'p.v~ ccrycour 0l Chula YnaG a.~ I F` ~,~-~f~ ^' ~ ~ + NnnP-//"M+w.Jis ~ hular s[a.nm/ N L Q- ~y ~~ ~ ~ i a' ax '.'-aq. ('ar ., ~ , i~ ~ o ~ ~:t 4 U + qq ~ _- 1' ^ t t ~ Y~h 6: / ~ ~ ~a -- - ,cmna~V Sia `' ,.,,: .. "~ `" < ' o t. . ~ tf c ~. _z ~~ x, I0+ years of ~, collaborative x i7 {~ \~ efforts to make .. wasators feel safe ~~ and secure at~ overnight lodging establishments. t.,ti~., • Meetings with Hotel/Motel Committee • Substantial reduction in police calls for service and arrests at motels • Chula Vista's Hotel/Motel Project won Zoo9 GoldsteinAward; designated Bright Idea by Harvard's Innovations Award • Revised driver's. license ID requirement at request of hotels/motels "~ :~':. . •, -, x-r-. L _ ~~ ` 'r r ~H 0 :;tea y o vo �I i y4 X 4 L y o vo �I _ L' x. ~~ \ Y W 1~~ ` F :,> Sr epee S 6 ~ s'+ y yy'k'C '~ i~'"ro'fit~1"F 1 ~U[NJ QI~Y/ ~U~.,Y 14 ~ ~ '~~ 5:30 - 7:3 PM 's K,. 's ," yZ Y" ~T ~ ~~ie p. (n CkJx l~NU Ce y~bPN^FPl°~ SLOB+vmNkm, AOfe.nwr menrkn - Abxurpenpmr - _ .. s . / . (. „/JS ~ c eh. .. r. 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ImWly +n: e{ wIIN,Aq,PinA.t vrv W"llfnJ ' ° Reserve A:,/re, s/n/cin UU ms.,~n N..>,.a....„,.r,.--.~.. •. m.nlm n,:...m:,..J.a\mu L., ^' S.nl g:Cuvn.l'•xJ.Svi vwn W,mw:. Nminml-W5n5wnwnn a: llunira Raa.l, ' y. rv4l Piing-rwr~mnr-krpnium l~vl.J w1liRlixay H.rl4m llu.iu C uJn\V,Y. ' M M rAin ll of iln nun~lmmn wie AJ:. 1 61 1I ]-36511. .PivhL,.N J.rm:dra rAV n~n,vudaarml im © O .. .. \ ~ /~ y ~ ~" t ~ q u VipalW:.NnW ; n °` aa. ~~ o.f~ «~~. ~ ~ By ~ ~J Yl M A ~ lam' ~ ` y 9 ~ ~ , P~°"~ ~ x n. mpAN.W. u..ro fen an l wnr..vs r:..lwcw. N~ K ~ wrY.w/wPlean © C ]QQ][[fYQ..\41Gw. S~PUI. \Mla WN.ipIfMCwiv q ew V>~ OOErI.S.lbwrlM P > Il.c.l P..m.u w.f n a Rllcew f..n Jf eirgwAw. ~ w:w.:cnww~ a Chula Vista ' SCWRw.l la.ndM S ®0 7 Mile ~m.Y~unl.. e rm ~ Wbp ~ smoglq nv.. JM1 WSY 1 EI.LU 0.PMn CLAIM O wW Y'LY Wn.W.<. f f rIY..R~. E..wJ.. vu ©p 6taY~~ ~ ILA .y4[.a Wxuganw • flnr.+s.rrP•.I L,~ • f.m NOn Plan p (.r S ~~ 'ini ~ OMbw'aL SY.v ee Jw15Ma ~~ San Diego rr„.: fun,xca u o f CIIMMLRCF r au «da....,..'P.ev..m ,. ,~; b, T y-, IStQ VERIFIED: /,/ vCHUIn VISTA CHAM BF.R OE COMMERCE Partnerships Examples of what a CLEAN Business can do to make a difference To conserve ewrgy: • Use compotl Ilvoreswnr IigM bulbs • Keep shermonot set at 78 degrees for cooking and 68 degrees for heating • Install and use ceiling Eons instead of air conditioning, when possible To conserve wales • Adjuu lands< p 'rrigmion rimers • Install lowlbsh milers • Have your venter miliry perform awater and-o m yaw laciliry To prevent pollution: • Choose nontoxic produns • Use dry cleaning methods rasher Ihan wash'mg potentially harmful debris down smrm drains To reduce waste: • Bvy predvca mode wHh regdod camera • Ra<yde paper, ink and toner conridges, beverage coma verso d<o dboad • Reuse packog g I I •rAe¢nem.rer j mpI B UK mm.raged le odoq maosv.mrovti lh r.,d:.idud opera ~o~ `1 ~ ':~~~'., It's EASY to become a Chula Vista CLEAN Business! Follow these three simple steps: APPLICATION. Review Hie VERIFICATION. Allow RECOGNITION. Submiso l program critona and checklists. program staff so verily the bwiness descfpsion ands Complete she checklists 6y selected measuresand track picture of yaw choice-These indicotmg the suggested your progress by uHing vp a wAl be used on the Chula Vista meomres/practices your site visN al your business. Call CLEAN Business wabsite to bwiness would like fo 161916915122 and select advertise your business-al no implement. Once implememed, tt6 ham the mend so set up a cost to your PoleW end submit an application visit Once verlihed,your end your completed checklists bosiness will 6e presented with for review. a certik<ate and window decal. MAIL completed application and checklists lo: CVCB Gmup, Public Works Dapartmere 276 Feurth Avenue, Building 300, Chula Vism, CA 91910 or FAX to: 16191 691-5006 or EMAIL lo: environmenlolservices®ci.chule-vistn.ca.us '^n ~~I ~/ ~ ~ CITY OE amu visrn CHnM BER ._,..,,.. CHUTA VISTA os COMMERCE Chula vista BUSINESS {:, ti h 'i r r r <r` BUSINESS ~- Home Carbon Upgrade Downgrade CHULA VISTA S (aP r~l ~ SDGf~E' City o, ('Chula Virta Total Rebate t~I{®~~ avr~ ~~ ~ f VIfL' ple ~~:niiii .~sr~:::n:.,e~~r:erWnv Partnerships Save up to,$200 instantly! Limited availability...ACT NOW! Home I Carbon Upgrade Downr?rade PROGRAM SPONSORS: ~ ~E ' ~""M vCHUU VISTA ~ cmoE CHAMBGR A Sem raEner ninny' ~~ CHULA VISfA of COMMERCE ~ P gY 'nJ.I:~.~:,~,:i,w:nl~nl~s~:~Jrd ns can ~rd::n..rl~,\,:n::~.drr mr ~:.~Ida~. of mr c:,~anr~d:. r~nn, celai~u.~.,~J.,n,~~:~„n,r m~nm.d..:~ Rar.~rrn :mJ Rrinvr.wwm Ao: undr Jm vuy.i..e ul :Lr Ikp:mmm~: ul Ln.ry_. t: 2011 C in of CM1W. Ciua.l L.::d.~.v v:ulrn:nrl Limig m ~W~ir ~ n~qu~nicr meiu~rs. All rinim rcrannd. ti~mrurnrnnM axd wulur Liamm~.~.ilnall ~ignu racnrd Ll~J¢Iln+~wr. (_' ~ Yr- ': ^ r (; r sta Convention &Visitors Bureau "aye. r p- • ` ti�r J 1 � � .i'IF f K I,ddd "rs l J R Alsitor Center Research Alsitor Center Network f< * 1 -w' ~ ;;::try ; ;,p ~ ~ . . i _ Y, #: ~ r S '' v'-~r »~ h % ¢ }„ ~ ~Y .~ ~~ 4"k.. Visitor Center ~. :T Research • Oceanside; SoutherrL California ~lcome~ :&y ~. Center • Balboa Park Visitor's ~' Center • San Diego U'sitor's Center 1 • Coronado Visitor's Center i~~ Y. ,.~ _. ~`.~ "fit s. ~i q_, .~. <+'y ' ~~~+' ~TM,~ 'i~. 4°.:~' -~. 'o . ~~. ~/ ~ ~py~$ ~'~ ~ ~ j ~. ''4a P€ i ~ ~ x ~ d~ ,y ~ .ka AF ~~~ ~e f~ ~ ~ ~'~+ivi..~A+. ^~ ~ r r /2 J J p~ti J t~l ~ ~ ~ ~ ~ ~~ ~ 1 ~t ~ vue 8r+ -:t YA11{C ~ .~t . ~~~~, fad ~'~! !r~ 1. '+ w ~ R . "'"" ~ -e TiK t ` ~- yy ~ - 7, ~ ?, ~ ~ ~~ k CQt~ v `~~t3..e.' V'A~~; ~R ../ .h A~. g~}YVf 8~1 ~ ~ ~ a n ~ n 99 Tourisrri" £~ 1Vla"rl ~' °~ ~~~ ~~~a t ~t U • Hotel/Motel Meetings • Tourism Committee • Mixers/Tradeshows • Events ..~.wsan'a-~: vav6rvap' ~ c ~:. --~„~ . ~~ ~_.r... _ ..... .l' ls. ... ,, ., /CHULA VISTA CHAMBER COMMERCE ~D ai+'"~~ ~ L L 4 `: Harbor Days cM:m wo .: :_.. ~-_~ ~: ~~f - .Yyyy,K.' e i tl I nn I k (n IYte 1943 flunin Lune Canp:n q ~ I< \I\1"Il' C e \t - '^ S' y. ~„ <..Ir hlhA 1 hl hr6 mJ..m 5b3 unVO CIn4Yuu lIl •• I 4c !) IA .L,k. y '2° !_" is T~^' • Iii Il~h \I-\rll' C T 1' of Il mwcl np- I\ 11 -,Ito 11,4 u. -11.,.- i~dl f i~ I J' 1 1 ,L I- 19Y.3-1993 'lim Nm. I1..fud a„Il L II a \ -.,, -'' PI 01 ~4 Uo Mn- r6 a\I l 1: YW unh aU:crt Cun rcix,.l T Ifla \I-_ \I 4'If It Ir R; r ~ \I \I II \I \Illl C r - -rmw f >fi - 1 ~ I ' T \ CP '. o, ?\ ? f:, ~. ya wt 1 ~ ~ 11k I I .u< 19]3-rYJ9 flunuaNieLlxwls 1.1 III n \I \I'll' N I I h Ip cu why, wy k,. ( I _ n h'p nnlq,sxfp el0,c ~, nza un;c• Iv,.l-all n I I III ". S.'vw r 'u uA. ul- 9wJ C rv. i arc \Ld f I J ' ' ' Thc Cway\I \I II; C I hu wihua, ' ' ~' -'- J I 11 'IL ;, - I ur, unm R e@d hi r ,e fi C h., I ]4eA.1 II SUUW ~ - S- ~, purn e l 4 h ux uvw .c \Ic\IAI P -i JCh<F vcmnvc o ' 1 t -pF 1 tlu ~31`~ tl to :r of w n Scort \I~hlt: tl \kdltr C ies Ih ql a I U P L tl .n d. "' "~ , du li ,.L hin,p we an lw'k rhm.a,ulsu(hunes in I'd afmAo ufnc uA,.,d, L,h~ - r ^`~." Chula Vista Harhor Days Gx[ravaganra Sept. 2q & z$ ~4 'rrunsonnmmm ex>t. rru<nt ::M rmnre ~~ in Part hP Ih... ~ +: ~ f / 7d . ~ ,. u.emr, , , ,,.,., ,. ,,, ..,...w, ~ . „o.. ,,.. n a : - „~aw2.~ n„~,. ,~.,o.._..,., UnltieA Port of San Diego ~, 4 .,nJ SP ,omJ by._ m~ raw,. nor,.... M1 ,w. manom enmv \I_\I'Aliu L.,. loug L6w,l' h: SuwL C',xmq .u.i~F luck N rr,3.d,<n rh<e.,r ,l<r<lup- houiu I Iidl:ImsL.c„ auhh:Lc,L Thc uu,n.in~ ;•.Int „r ~411JO:,,naue-ple..n<d .>mmumn<, m Su9tl+C'wnrv.- 199J-D.c..m NealJl4n Lu.nx. V.TJ<. )`)`A43,nc, i,UW unit, l'bnla Via.: ~p03-li<crnr Ndlinp Hil6 Nan<h `'W .<rc: ?AW un3n,ChuL. \q.u -3W1 \'bn P:uifwo 19Y9 Ilarchu Jcl N<y ~. c. ap$0 mm~,CF.Wn Vi:m voilin ud <Ldun (,v t<nn ., us c.1& m ue chin cndoon w,Lr 1anJ ns< Jaady {9.nu~oy n<w cummuniric. m nkc m inn +Lc hw,.. Tin ]4\1i14.. Luna: VnAo Haar<:-rlxu„a1 nnm oIT o rh¢e n<el+hud:uwi. Tncuac- c. tw 11c\f II1:J In :,:x.m1)+c ,.,de.wt Lxtlyu In' \k\Illlin Cumm!:niew. Sune,l :n lc4qua rc: wl<hnc nnlcv - La:nc huildcq \b\lillin Cummuu;tic.,+w in Ir. Sfhh 1<.,, ha, pawn i„ru.l W v I„r<~umd +rJ s ne.Unl Jcvdup:amxnd homes laihhnh mmpne:y :,acl In recnneen cxP.uu{s,{ opnuiou, ou<,i.l<eh Sw Ui:ky. Whn< ii we (wndni ~I llllhn Cwn:nunitic,"ucw- .,:ny kd Lo s.,ar \Ir\huin, a:.nm,,: ntn:< 14uxnl md.\le,k \lo]lillin, Prcri+4m aml ('h:r( Pxaancc GIF«,. :iJ ulUee xnd inJmaiJ {:er4;,cotlege n h,.~«. al..uunrt v +i,<rnn+:i no~ci,>r., u(LiM1<,q'Suau wcl N.uc FtcJcvd,U•n C1m nin,J tla 1'<r.: Le tl:::\»wi on nlr I kk,: a Cum,nunrtk,. >{cP'lillin (:onununitics tb+:nw< inL„me:m rnr mcmilGn ca:n . \' ' `~ A two day extravaganza of History, Art, Culture, and Nature on beautiful Chula Vista Sayfront! \VW\Y.C\'IIANIIUN I]A1R.('UM yl Free tours aboard historic shiys ewd maritime displays W special nature Center, Wildlife acrd Wetlands programt, tours and displays HARBOR DAYS W Cefebratim of transportation yesterday-today-tonwrrav with classic car show, historic reenactments and more -~''~); i ~ W Art and Culture furled Art Show, Interactive Mural ('~wf =~ ~;~ 5, '~01 Project, Arts dr Craft fair, and random acts of Culture eA1'• rp "Sail for the Cure" Regatta for Susan a Kamen Foundation W Robotics denwtztratian and ehalle,ge Ch~1~17~,`CA W Norbor Days returns with something for EVERYONE ilosled b}^ falifomia \'aolVylRtnruw. <:hWa Vista \leM flub, (hula Vitabt Mu'inn and R\c Pmk, the Slarinc Olnup, a¢ Chnla V isla Nalw a Cn1Ie4 Satoh Nry Puh S Grill. the Galley Reclaunnl, and the San laiepo ?t9Nime tcluseam. Suppmled or City otC"hWa Visa and the Cminmial, (fiula Fish Chamber of C'onvnnce. ,llbrd \\'aste, Copy Lnil:, Poll of San laiego, San Dirko Port TennoR Association, Cownacb Mvillme Poundabon, SCFpC acrd minty other businewsea. T ,<~~ '~~~ , Y.'. >1 x. s x . .,,. ~~tl Y. E~u~~ts~ ~ ~ . l 4"`.°Y ~t "{. ., ...`C ~~, 4 r'.. ._ .S~`4"."~.FY"t?e' ~ ~. .Ii YY4b4V Parade Band Review Signature Eventt ~~~ t ,~' DOHA IAATICI-ATE ~ ~ ' 1 I usax~,. .. ;.. ,.. . wl., i,„~.. ~.~. w~w. w.e r. i .u p' aae o. MwP~.. r.~tr.lm N.u ak .eMh.~l. lm enlal I.~m•'imdrm Pti~KNlum ~i~ xi0u(eurnf u.mmmm.wma ~ Wsd[: W.el.W l[Marpiln.r.muixian. mml COIN US? NovembE Otay Ranch Chula Vista Rar~ 3ULA V Event & Sponsorship Info Cuuu vu ra CHAM RER of COMMERCE .'. ~, .. FINE ARTS SPONSOR Contribution: Open Limit ', FOR MORE INFORMATION ABOUT BECOMING ASPONSOR CONTACT LISA COI-IEN. CEO i CI-IU4\ VISTA CHAMBER Of COMMERCE (b 191420-6603 IS ° `"" ~:{_C Yn1 ~.:LfiSi M •d:~"~~~i"dx,.J~~ ._ .. /~ __.... ... .. (~''\ O ~~ 7-186 _.~ ".i'-r+~.A.F.r~t+~i.,~.~`.a_a }" a'T'~°' ~etT -:~,p`~,; - ~ ~> ~.,x y c ,r f '_ ai ...®., . _ - -3?.~,.4 i~?.__- 1, ~. -.=r a e~'+'6i ra.-.~i` s s_ ~ +-. --'. d ti{ thy. ~'~' .. ~ii?4!,~ri"'i?'~:;:?`,3u't.~~?..~ v~i'~~::-?~. °*. ,.._.. .. .. ..., z. _a.{ "~, 4~k~., 'j ^.... :`S ,..-. _ {7lilcl ~t3tC1 ~itzin~~~ ~ssise 1~...an 1.., n...,.... r 1Tµ1 IL~ip In~11N11 Iwn fra~n•ilrl (•rr~ r <': t~ • O CD C7d O r+ ~' ~D e y. -, :;, 'f ,;"> '~;i; J~ l •. ~~ YY 'F RESOLUTION NO. 2012- RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CHULA VISTA CHAMBER OF COMMERCE/ CONVENTION AND VISITORS BUREAU, ACTING AS THE DESIGNATED OWNER'S ASSOCIATION FOR THE TOURISM AND MARKETING DISTRICT, AND THE CITY OF CHULA VISTA FOR THE ADMINISTRATION AND IMPLEMENTATION OF ACTIVITIES AND IMPROVEMENTS DESCRIBED IN THE MANAGEMENT DISTRICT PLAN WHEREAS, the Property and Business Improvement District (BID) Law of 1994 (Streets and Highways Code 36600 et. seq.) authorizes cities to establish property and business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and WHEREAS, a majority of the lodging business owners subject to assessment within the boundaries of the Chula Vista Tourism and Marketing District (CVTMD) petitioned the City Council to establish the CVTMD; and WHEREAS, the CVTMD was established to provide marketing and promotion activities to attract additional visitors to local hotels and motels and to market opportunities for those visitors to use the products and services of additional local businesses which will contribute to local business prosperity, the creation of jobs and a sustainable local economy that funds local community services; and WHEREAS, included with the petitions was a management district plan summary that described the proposed assessment to be levied on lodging businesses within the CVTMD to pay for operation of the Chula Vista Visitor Information Center, sales, promotion and marketing activities, and those other improvements set forth in Streets and Highways Code 36600 et. seq.; and WHEREAS, on July 14, 2009 the City Council of the City of Chula Vista approved the (CVTMD) for a five year term; and WHEREAS, each year the CVTMD is required to prepare and submit an annual report to the City Council for each year following the first fiscal year of operation of the BID to outline the improvements and activities proposed by the CVTMD; and WHEREAS, the CVTMD is in its second year of operation and the Chula Vista Chamber of Commerce, acting as the owners association for the CVTMD, has created an annual report, and will deliver the report at the January 10, 2012 City Council meeting; and 7-189 Resolution No. Page 2 WHEREAS, Property and Business Improvement District (BID) Law of .1994 also requires that an agreement be in place between the City and the owners' association for the administration and implementation of the activities specified in the management district plan; and WHEREAS, the Agreement also provides for an Administration Fee to fund the City Finance Department's costs to perform TMD operations related to the collection and transmittal of CVTMD taxes collected by the City to the Chamber of Commerce, collection follow up, the annual review of the report to City Council, response to public information requests, and responding to inquiries from the Chamber and other parties; and WHEREAS, approval of the administration and implementation agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(3) of the State CEQA Guidelines. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement between the Chula Vista Chamber of Commerce and the City of Chula Vista for the administration and implementation of the activities described in the Management District Plan; the agreement is approved in the form it was presented to the City Council; a copy of the agreement is on file in the Office of the City Clerk. Presented by Approved as to form by ~~n~ James D. Sandoval City Manager Glen R. Googins City Attorney ~-~9~ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /!~.-. Glen R. Googins City Attorney Dated: ~ ~ ~ Z AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES BETWEEN THE CITY OF CHULA VISTA, AND THE CHULA VISTA CHAMBER OF COMMERCE 7-191 AGREEMENT FOR TOURISM MARKETING DISTRICT MANAGEMENT SERVICES This Agreement for Tourism Marketing District Management services (the "Agreement"), dated is by and between the City of Chula Vista, hereinafter referred to as the "City," and the Chula Vista Chamber of Commerce, hereinafter referred to as "Contractor," collectively referred to as the "parties." RECITALS A. The City is a California municipal corporation and charter city; Contractor is a private, non- profitentity. B. In April 2009, the Chula Vista Chamber of Commerce ("CVCC") and the Chula Vista Convention and Visitors Bureau ("CVCVB") submitted to the City a petition and Management District Plan ("MDP") for establishment of the Chula Vista Tourism Marketing District ("CVTMD"), proposing assessments on all lodging businesses in the City, in accordance with the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600, et seq. (the "1994 Law'). C. On May 12, 2009, the City Council adopted Resolution No. 2009-115, accepting the petition and declaring its intent to initiate proceedings to establish the CVTMD, in accordance with the 1994 Law. D. On July 14, 2009, the City adopted Resolution number 2009-177, hereinafter the "Resolution," establishing the CVTMD, and providing that assessments be levied as described in the MDP. E. Contractor was designated in the MDP as the Owners' Association in accordance with Streets and Highways Code section 36614.5. As a result, Streets and Highways Code section 36651 authorizes the City to contrail with the Owners' Association for provision of CVTMD services. F. Under the 1994 Law, funds raised by the CVTMD must be spent for the purposes specified in the Resolution: sales promotions and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other improvements as set forth in Streets and Highways Code §36610; funds cannot be diverted to government programs. G. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement. AGREEMENT Now, therefore, the parties agree as follows: 1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, and Contractor accepts such engagement. 7-192 2. Term. The term of this Agreement shall begin on September 1, 2011 and end on July 31, 2014. If the CVTMD is disestablished prior to July 31, 2014, this Agreement shall terminate on the effective date of CVTMD disestablishment, except as provided in sections 23 and 25. 3. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor. A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind. B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor s failure to pay such amounts. C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City. D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City. E. Notwithstanding the foregoing, if the City determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, City may upon two (2) weeks' written notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments. 4. Indemnification. To the maximum extent allowed by law, Contractor shall defend, indemnify, protect, defend and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of its obligations under this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses 7-193 (including without limitations, attorneys' fees) arising from the sole alive riegligence or sole willful misconduct of the City, its officers, agents or employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the alive or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. This indemnity shall survive the termination of this Agreement. 5. Insurance. Contractor must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by Contractor, its agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration ofthe Agreement. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 3. Professional Liability or Errors & Omissions Liability insurance appropriate to Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable.) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 3. Directors and Officers $500,000.00 each occurrence Liability: 7-194 Deductibles and Self-Insured Retentions Any deductibles orself-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, and where appropriate, the workers compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be "primary' and must not exclude products / completed operations. 2. The contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of Contractor and in no way relieves Contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Cade. 5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: 1. The "Retro Date' must be shown, and must be before the date of the Agreement or the beginning of work pursuant to the Agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (S) years after completion of work under the Agreement. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made polity form with a "Retro Date' prior to the Agreement effective date, Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work under the Agreement. 7-195 4. A copy of the claims reporting requirements must be submitted to City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than AV. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation fund when not specifically rated. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. subcontractors For each subcontractor that Contractor may utilize to perform work required by this Agreement, Contractor must include the subcontractor as an insured under its policies, or furnish separate certificates and endorsements for each such subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 6. [Not Used.] 7. Conformity with Law. A. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractors failures to comply with such laws, Resolutions, codes and regulations. B. If a death, serious personal injury or substantial property damage occurs in connection with Contractors performance of this Agreement, Contractor shall immediately notify the City. Contractor shall promptly submit to City a written report, in such form as may be required by City of all accidents which occur in connection with this Agreement. This report must include the following information: (1) Name and address of the injured or deceased person(s); (2) Name and address of Contractor's sub-contractor, if any; (3) Name and address of Contractor's liability insurance carrier; and (4) A detailed description of the accident and whether any of City's equipment, tools, material, or staff were involved. C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential 7-196 claim, while maintaining public safety, and to grant to the City the opportunity to review and inspect such evidence, including the scene of the accident. 8. Assessments, Costs and Payment. The City shall collect the assessments in accordance with the 1994 Law, the Resolution and the MDP. City shall forward to Contractor all CVTMD assessment funds collected, within thirty-days of collection. The City shall not be responsible or liable for determining the accuracy or adequacy of the amount of funds remitted to the City by the assessees. The City's only responsibility shall be to forward the funds remitted to the Contractor. Contractor shall account for all CVTMD funds separately from all other funds, in order to provide a transparent audit trail. Beginning January 2012, Contractor will pay the City for all actual operational costs associated with services provided by the City to the CVTMD. Those services include: collecting assessments, remitting funds to Contractor and staff time and other resources spent assisting Contractor in preparing and submitting the Annual Report to the City Council ("Standard Services'). The amount billed to Contractor for such services shall be capped at 3 percent of annual TMD revenues received by Contractor for on-going services on a fiscal year basis; it is currently estimated to total $6,300 for January through June 2012. Should the Parties agree that the City will perform additional services for the CVTMD beyond the scope of the Standard Services described in this Agreement, the Contractor will pay the City for the cost of those additional services and the three percent annual cap shall not apply to those services. The City will invoice Contractor quarterly for all City services performed relating to the CVTMD. Contractor shall pay the City in-full, within 30 days of the date of the invoice. If the City does not receive payment within 30 days, the City shall deduct the amount owed from the assessments collected in the following month. The City will then remit the monthly assessments, less any amounts past due, to the Chamber. In the event that bands are issued pursuant to the MDP, the City and Contractor shall meet and confer to determine how the City's costs shall be allocated. 9. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor's sole responsibility 10. Conflicts of Interest. Contractor covenants that neither it nor any of its principals or members of its Board of Directors presently has an interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement. The Parties understand that members of Contractor's Board of Directors are business owners who will benefit from the services provided by the CVTMD. Such benefit shall not be considered a direct or indirect interest for purposes of this Agreement. Contractor shall comply with all applicable conflicts of interest laws in performing its obligations under this Agreement. il. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows: A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery. 7-197 B. first Class Mail: Notice may be mailed first class to the recipient's address, set forth in section 11. E., below, in which case notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt; if it is not confirmed by a return receipt, notice will be effective on the third day after deposit in a United States Postal Service office or mailbox. C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service; if delivery is not confirmed by the delivery service, notice will be effective two days after mailing. D. Facsimile transmission: When sent by facsimile to the facsimile number of the recipient, as provided in section il.E., below, notice is effective on receipt. However, notice by facsimile can only be effected if: (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on anon-business day. E. Addresses and facsimile numbers for purpose of giving notice are as follows: To City: To Contractor: City of Chula Vista Chula Vista Chamber of Commerce 276 Fourth Avenue 233 Fourth Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Attn: City Manager 619-420-1269 Facsimile: 619-409-5884 12. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented 145CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination. A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer' or that all qualified applicants will receive consideration for employment without regard to their race creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. B. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law. E. Contractor shall include the provisions set forth in this Section in each of its subcontracts. 7-198 13. Compliance with Licensing Requirements. Contractor shall comply with all necessary licensing requirements and shall obtain appropriate licenses and display the same in a location that is reasonably conspicuous, and file copies of same with the City. 14. Audits and Records Access. A. Contractor shall make available to the City, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement of CVTMD assessment funds, and shall furnish to the City, within sixty (60) days after examination, its authorized agents, officers or employees such other evidence or information as the City may require with regard to any such expenditure or disbursement charged by Contractor. B. Contractor shall maintain full and adequate records in accordance with City requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the City, Contractor shall, upon request of the City, make such books and records available to the City for inspection at a location within City. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four (4) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the City, and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for four (4) years after the City makes the final or last payment or within four (4) years after any pending issues between the City and Contractor with respect to this Agreement are closed, whichever is later. [Remainder of Page Intentionally Left Blank.] 7-199 C. Annually, at the conclusion of the fiscal year (the "audit year"), Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal year financial audit of the CVTMD finances for the audit year. The audit report shall include aline- item schedule detailing all expenditures, including a comparison of all expenditures with the specific amounts and activities, as proposed in the Annual Report. In addition, the auditshall verify that the activities on which the CVTMD funds were expended during the audit year comply with Street and Highways Code section 36613 and with the MDP. Contractor shall provide a copy of the audit to the City Council each year within 90 days following the end of the audit year. Thus, Contractor shall submit an audit report for fiscal year 2011-2012 by September 30, 2012; an audit report for fiscal year 2012-2013 by September 30, 2013; and an audit report for fiscal year 2013-2014 by September 30, 2014. 15. Documents and Materials. Contractor shall maintain and make available to City for its inspection and use during the term of this Agreement, all documents, materials relating to the CVTMD, including related electronic transmissions and data, that are in its possession or control ("Documents and Materials'). Contractor's obligations shall continue for four (4) years following termination or expiration of this Agreement, and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for four (4) years following the City's last payment to Contractor under this Agreement. 16. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time. for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement. 17. Termination/Disestablishment. The City has and reserves the right to suspend, terminate or abandon the execution of any work by Contractor upon adoption of a resolution disestablishing the CVTMD pursuant to the 1994 Law. Per the 1494 Law, such a resolution may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty-dqy period following the anniversary of the district's formation, businesses paying fifty percent or more of the assessment file a written protest with the city and a hearing on disestablishment is held. The failure of Contractor to comply with this Agreement shall constitute "malfeasance," as that term is used in the 1994 Law and, as such, shall be grounds for the City to initiate disestablishment proceedings. Prior to initiating such proceedings, the City shall provide the Contractor with an opportunity to cure, pursuant to section 25. In the event the City disestablishes the CVTMD, Contractor shall be entitled to retain CVTMD revenues only for paying the Contractor's current liabilities of the CVTMD. Pursuant to the 1994 Law, Contractor shall refund to City any remaining CVTMD revenues or any revenues derived from the sale of assets acquired with CVTMD revenues to enable distribution of the revenues to the businesses which paid the assessment. 18. Choice of Law. This Agreement, and any dispute arising from the relationship between the parties hereto, shall be governed by the laws of the State of California. 19. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Chula Vista, or the names of the City's officers, directors, employees or agents, 7-200 in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this section prohibits Contractor from using the name Chula Vista Tourism Marketing District or City of Chula Vista for regional identification for promotion and marketing of the CVTMD. 20. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both parties. 21. Modification of Agreement. This Agreement may be supplemented, amended or modified only by mutual agreement of the parties; however, this Agreement shall be subject to any amendments to the CVTMD Management District Plan adopted by the City Council. No supplement, amendment or modification of this Agreement, except for a duly adopted amendment to the CVTMD Management District Plan, shall be binding unless it is in writing and signed by authorized representatives of both parties. 22. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City's prior written approval, and subject to City's sole discretion. A. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void. B. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors. 23. Survival. The obligations of this Agreement, which by their. nature would continue beyond the termination or expiration of the Agreement, including without limitation obligations regarding indemnification, ownership of documents, and conflict of interest, shall survive termination or expiration for two (2) years. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss otthe illegal, unenforceable, or invalid provision. 24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. 25. Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to 7-201 terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen days before the effective date of such termination. Contractor shall have ten days from the notice date to cure the violation(s). Upon a showing of a good faith effort toward curing the violation(s), the City Manager may, in his or her sole discretion, extend the deadline by which the Contractor must cure. Any such extension shall be valid only if in writing and signed by the City Manager, or designee. If Contractor does not cure the violation(s) to the City's satisfaction, City shall be entitled to terminate the Agreement without further notice. In addition, such violation and failure to cure shall constitute "malfeasance," pursuant to Section 17., above. 26. Attorneys' Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party' shall be deemed to be the party who is awarded substantially the relief sought. 27. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. [Remainder of Page Intentionally Left Blank.] 7-202 City of Chula Vista By James Sandoval Title: City Manager Date: Ch la a Ckamber o Commerce 1,00-~ 50. ~ C~'1 (Print Name) Title: ~~y Date: /- ~-o~0loZ 7-203 EXHIBIT A Scope of Services Contractor shall provide the following services: 1. Contractor shall cooperate with City and City staff in the performance of all work hereunder. 2. Contractor will provide projects, programs and activities that benefit lodging establishments within the CVTMD in accordance with the CVTMD Management District Plan attached hereto and any subsequent amendments thereto. 3. Contractor will provide and fund such additional projects, programs and activities to promote tourism in Chula Vista as may be made possible through other non-assessment funding sources. These other funds must be accounted for separately from assessment funds. 4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the "Law") including but not limited to: a. Preparation of the Annual Report required by section 36650 of the Law. The Annual Report shall include any recommended changes to boundaries, the improvements and activities to be provided for that fiscal year, an estimate of cost for providing the improvements and activities, the method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his/her business for that fiscal year, the amount of any surplus or deficit revenues to be carried over from a previous fiscal year, and the amount of any contributions to be made from sources other than assessments. The Annual Report shall also include the proposed budget for the upcoming fiscal year, describing the specific activities to be funded by TMD assessments. The proposed budget shall be reported in two formats: (i) by major financial category; and (ii) by activity. The proposed budget shall be in the format set forth in Exhibit B, with additional line items added, if appropriate. The Annual Report shall be filed with the City Clerk and presented to the City Council for approval. b. Seeking and retaining subcontractor(s) to prepare the Annual Report. c. Delivering the Annual Report at least thirty (30) days preceding the fiscal year for which assessments are to be levied and collected to pay the costs of the improvements. 5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City. 6. Subject to the City's approval, Contractor may retain subcontractors to deliver the services herein; however, Contractor shall remain fully responsible for compliance by its contractors with all the terms of this Agreement, regardless of the terms of any agreement between the Contractor and its subcontractor. 7. Annually, Contractor shall enlist the services of an independent, licensed, certified public accountant to conduct a fiscal year financial audit of the CVTMD finances. The audit report shall include a line-item schedule detailing all expenditures, including a comparison of all 7-204 expenditures with the specific amounts and activities designated in the MDP. In addition, the auditor shall verify that the CVTMD funds were used in accordance with the CVTMD Plan and the Annual Report to the City Council for the fiscal year which Contractor shall provide a copy of the audit to the City Coonci following the end of the fiscal year which is the subject of the audit. is the subject of the audit. I each year within 90 days 7-205 Exhibit B Chula Vista Tourism Marketing District Proposed Budget FY 2011-12 Revenues: Projected Assessments $ - Assessments Carried from Prior Years $ - TotalFundsAvailableFY2011-12 $ - Expenditures: Personnel Cost: Salaries $ - Benefits $ - PayrollTaxes $ - Total Personnel Cost $ - Office/Administrative Office Supplies $ - Formation Expense $ - Consultants- IndependentAudit $ - AttorneyServices $ - City of CV Administrative Support $ - TotalOffice/Administrative $ - Advertising/Marketi ng Reserves/Contingencies TMD Activities Prop. Budget FY 2011-12 List of Activities (ex. Parade of Bands, Star News Advertising- Shop/Dine) Staffing Funded by TMD (Example- Graphics Designer) $ _ Direct Indirect Total $ $ $ - $ $ $ - S $ $ - $ $ $ - $ $ $ - e < < _ Funded from %FundedTMD Other Chamber Funds 45% 0% Notes: TMD Activities should correlate to Goals & Objectives included in Exhibit B. Direct Costs include expenses incurred for paying vendors, advertising, registration fees etc. supporting TMD activities or improvements. Indirect Cost include personnel, consultant and administrative expenses allocated proportionally based on direct cost or % of time spent on activity. 7-206 SAMPLE DRAFT 2011-2012 CVTMD Activities Goals & Objectives EXHIBIT B (Cont.) J I N 0 J MILESTONES/ # GOAL OBJECTIVES TARGET STATU S Develop Contract for Site and Launch Jan March Done Develop Draft Agreement for Business February April Done participation Coordinate w/City Service Based Effort March to April Done Obtain Board approval and Sign Contract March April Done In progress, staff trained contact with Train Staff and Launch with contractor April -June businesses begun 100 businesses 33% of goal achieved 1 Social Media Program Initiate Business contacts and provide 30 postings per 50% of goal achieved sample tweet and Facebook postings businesses per month TMD/ Chamber postings -event, hotel, 40% of goal achieved, Ongoing, restaurant and business support 120 per month Record and Monitor Posting Response Volume and quality Chula Vista Tourism Marketing District Proposed Budget FY 2011-12 Revenues: Projected Assessments $420,764.49 Assessments Carried from Prior Years $444.80 mts Total Funds Available FY 2011-12 $421,209.29 Expenditures: Personnel Cost: (Programatic and Administrative) Salaries $195,662.33 Benefits $62,476.21 Payroll Taxes $19,065.04 Total Personnel Cost $277,203.58 Office/formation Business Costs $16,590.85 Formation Expense $50,000.00 Consultants - $0.00 E/0 and D/0 Insurance $4,583.47 Attorney Services $9,535.00 City of CV Administrative Support $6,300.00 Total Office/Administrative $ 87,009.32 Advertising/Marketing: Parade Band Review Festival $5,000.00 Marketing Collaboration with City of Chula Vista $50,000.00 $ - TotalAdvertising Total Proposed Expenses FY 2011-12 Reserves/Contingencies $ 55,000.00 $ 419,212.90 $ 1,996.39 7-208 D Activities Prop. Budget FY 2011-12 Parade Band Review Festival Marketing Senior Graphic Designer Visitor Center Operations Sales and Marketing Office /Administrative Total Proposed Expenses FY 2011-12 Staffing City of Chula Vista Senior Graphic Designer CEO General Manager, Chula Vista Convention & Visitors Bureau Manager, Chula Vista Visitors Center Bookkeeper Information Specialist (2 positions) Secretary Direct Indirect Total $5,000.00 ' $5,000.00 $50,000.00 $50,000.00 $151,377.52. $151, 377.52 $ 125,826.06 $ 125,826.06 $ 87,009.32 $ $ 87,009.32 $ - $ - $ - $419,212.90 % Funded from Funded TMD Other Chamber Funds 45% 0% 33% 67% 100% 100% 100% 100% 100% 7-209 Goal 06jectives Target Status 1 Partnership with the San ; Collaboration with the City of Chula Vista to bring °If ou t l / t l d fill h h i li To Council Dec 13, 2011 ~ Approved/ oal 1100% Diego Sports Commission y e s mo e s. up t e o visitors to our c ty an I play in Chula Vista, stay in Chula Vista!" i ' g ;achieved 2 Annual Parade Band Review ~ Expand the festival to a 2-day event. Day 1 would be the ~ November 2012 ~I In Progress/ Community Festival I Paaade Band review, and Day 2 would be the Field Band i 150°h goal hi d ~ review. Two-day event would invite peo le to stay in Chula Vista's hotels/motels and shop andpdine in our city. I ac eve II The first yeaz,10 bands competed; the second yeaz, there '. ~ j were 21 bands. Goal is 44 competing bands. 3 Paztnerships with the City of !Collaboration between the City of Chula Vista, the Chula I Current/Ongoing I', In Progress/ Chula Vista for "one voice, one i Vista Chamber of Commerce and CONVIS for ~ ~ 10% i sound" consistent mazketing multimedia coverage to further mazket the City of Chula t complete efforts. i Vista, i.e. press, radio, television, magazines and promotional l ~ ' j materia . I Q Work with Hotels/Motels on , People aze looking for environmentally-friendly places to ! Curtent/Ongoing ~i In Progress/ becoming verified Chula Vista j stay. i ~ 13.6°h ~ complete CLEAN Businesses. 5 Visitor Information Center Make the Center a convenient resource for visitors and lik d ! Current/Ongoing II 100% com lete Open 7 Days/Week ~i resi e. ents a p (~ Visitors select Chula Vista as i i d : j Add a phone to make a reservation directlyy with one of Update with ARES) tels (workin Vista's hotels/m Ch l :February 2012 l4 i (Currently I In Progress/ 20°h nta n or ma a destination an lengthen the duration of their . g o u a i hoteUmotel display unit. , ,hotels/motels aze ,complete stay, !signed up.) ~ 7 Fully staff Visitor Center with ,The ultimate objective is to ensure that the Chula Vista ~i, Current/Ongoing I'I 100% trained, friendly, professional, I Visitor Information Center (VIC) and Chula Vista orts and (CONVIS) su & Vi i B ' ~ i Complete i and bilingual staff. pp ureau s tors Convention efforts b Vista's sales and mazketin Ch l t i ~ y g es u a promo responding to visitor inquiries in a professional, friendly, I ~ accurate and timely manner. ~ $ Increase marketing materials The VIC and CONVIS will be able to render valuable i i Mazch 2012/ ' In Progress/ (brochures, flyers, maps, etc.) information and services to visitors from azound the world I Ongoing 10% Update materials on a regulaz and project a positive image while representing the City basis. of Chula Vista, San Diego County & Port of San Diego. ! I ~ complete 9 Providing pertinent ~ To maximize attendance at all of the amactions, ; Current/Ongoing ~I In Progress/ information via the latest in d l h d I accommodations and activities in Chula Vista. ~ li ' 20% I complete ogy an no ia tec multi-me din l i i k l ' g nc u ng, maz et socia Facebook, Twitter, and Web. ' Q Provide free Wi-Fi at the i With the Internet available to visitors, they can reseazch 'March 2012 Planning Visitor's Center. 'and discover what Chula Vista has to offer (hotels/motels, ~I amactions, restaurants, shopping, etc.) j ,Stages / 0% 'complete l i Upgrade/Redesign the That the VIC becomes the primary resource for Chula l attractions rt l d i d V July 2012 Planning Sta es / 5% CONVIS Website. , suppo oca st an er to ass ista in or g concierges, etc. 7-210 complete CHULAVISTACONVENTION &VISITORS BUREAU (CONVIS) GOALS & OBJECTIVES FY 2011 - 2012 - CONVIS TOURISM:b41RKETiNG DISTR:C: ~ GOALS &OBJECTIVES Goal Objectives Target Status Providing optional services % To maximize revenue generation through retail sales, Ongoing ~I Planning such as access to the Internet j attractions and tour ticket sales, restaurant reservations 'Stages / 0°/o and e-mail, and phone card i and sponsorship opportunities. i complete vending machine t 13 Develop a formal volunteer ~ To further inaease Chula Vista's visibility by recruiting, I July 2012 I Planning ~ program. training, scheduling and motivating community volunteers ii to assist with information dissemination in a friendly and ~ '.... Stages / 5% 'complete unbiased manner and in a vaziety of foreign languages. ~ 14 Upgrades to items in and ~ A professional, friendly atmosphere will attract more ~~ Feb 2012/Ongoing ' In Progress/ azound Visitors Center (signage, displays, technology) visitors and families. ~ ~ ~ i SOh ~ complete 15 Provide a computer and printer i People can book a room, reseazch amactions and print j March 2012 I h li k h ~ Planning / lete 20% com for guest use. ne. ase on ey purc ets t promotions or tic p 1(~ Play promotional loopping i j Videos can include hotellmotel ads, signature events, 'i Current/Ongoing t k i 'Planning / lete SO% com videos on overhead TV. . nteres programs, history, etc. to spar p , 1'] To get visitors to return to the I By making the Center a destination in itself, people will ! Current/Ongoing ' ', In Progress/ Information Center again and s I 'I come back more than one time to keep informed ofwhat 120% again. i going on in Chula Vista or to be entertained. ~ ', complete 1$ Host Mixers ~~, Introduce residents and businesses to what the Visitors I, March 2012 I! Planning Center has to offer; businesses/restaurants may then want I ~ Stages / 10°/o to add their brochures and other appropriate promotional ~ I complete , materials to the resource collection. ~ I Put in a demonstration gazden ~! Cross promotion of the City's program efforts will help ~ March 2012 Planning and promote environmentally- ~ our environment, plus provide information to visitors to ~ ddi i l f Thi ~ Stages / 10% com lete friendly practices, including eature I t ona s a bring home (wherever they live). ' p i providing classes (i.e. ~, ii will also inaease appeal of the Visitors Center to residents. composting, retycling, etc.) 'i ' j 2Q Bi-monthly meetings with I By meeting every other month, hotels/motels have an ~i Current ~ ~ In Progress / hoteUmotel owners/managers ~ opportunity to give feedback and suggestions for improvements to the mazketing plan. ~ i 100% complete I 21 Annual Tourism Marketing ' To keep the Council and public informed of goals, progress, ''I Jan 10, 2012 ~! Ongoing District presentation to Mayor ', information, and financials. ;Aug 14, 2012 ,reporting & Council ZZ Tie in the arts Schedule works of art displays at the Visitors Center and ', CurrendOngoing II ', Planning , special performances to inaease attraction to the center ) ll i i !Stages / 0°h lete I com tors . as v s ~ (for residents and businesses, as we p I 23 TMD Minutes and Agendas j Monthly updates to the Chula Vista Chamber website i~ Current/Ongoing ' 100% available online it with up-to-date information for transparency li complete 24 Accurate records and reporting ~ Bookkeeping and fiscal planning to meet all the above Currentl0ngoing ~ 100% l li goals and objectives comp ete RESPONSIBLE PARTIES: Lisa Cohen, Chula Vista Chamber of Commerce CEO; Marry Weaver, Chula Vista Convention & Visitors Bureau General Manager; Elena Montano, Chula Vista Visitors Center Manager; Alicia Ontiveros, Bookkeeper, Janette Montano, Information Specialist; Selena Lopez, Information Specialist; Kim Schanz, City of Chula Vista's Senior Graphic Designer ~-211 ~~ ~ ~ Z PETITION TO THE CITY OF CHULA VISTA TO DISESTABLISH THE TOURISM & MARKETING DISTRICT We petition you to disestablish the Chula Vista Tourism & Marketing District (CVTMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., and end the assessments currently being collected from the Lodging Business Owners located within the boundaries of the district. ' Lodging Establishment Business Owner - f~~ S ~' ~1 X11,.- ~ 5r s~ Owner Representative/Owner Name (printed) Owner Representative Signature Date