HomeMy WebLinkAbout2007/10/02 Item 1
CITY COUNCIL
AGENDA STATEMENT
~!~CI1YOF
.~ mULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
10/02/07, Item-L-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SIX MONTH CONTRACT
IN THE AMOUNT OF $96,507.00 BETWEEN THE CITY
OF CHULA VISTA AND THE CHULA VISTA CHAMBER
OF COMMERCE FOR THE PROVISION OF CHULA
VISTA CONVENTION AND VISTORS BUREAU
PROMOTIONAL SERVICES AND VISITOR AND
TRANSIT INFORMATION SERVICES, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
ECONOMIC DE~VELOf.lJJl N.' IF FFF~ICER \17
CITY MANAGER ffJ~
4/5THS VOTE: YES D NO [!]
BACKGROUND
In 1994, in conjunction with consideration of the scheduled rate increase in the Transient
Occupancy Tax (TOT), Council received a request from the Chamber of Commerce and
Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus
serve North County, Car1sbad, East County, and the San Diego metropolitan area. Since
1995, the City has contracted annually with the Chula Vista Chamber of Commerce
(Chamber) to provide Convention and Visitors Bureau services.
According to Council Policy #230-01, the Council considers a budget and related contract
with the Chamber for the provision of Chula Vista Convention and Visitors Bureau
Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor
Information Center and Chamber of Commerce Main Office. Staff recommends approval
of an initial six month fee for service contract and appropriate funding with the Chula Vista
Chamber of Commerce, for the period of June 1,2007 through December 31, 2007.
Subsequent to Council's mid-year budget deliberations, staffwi11 recommend an additional
six month contract to account for services that will be rendered during the remainder of the
2008 fiscal year.
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10/02/07, ItemL
Page 2 of 4
ENVIRONMENTAL DETERMINATION
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 State 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 Council adopts the resolution approving the six month contract between the City of
Chula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista
Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information
Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main
Office.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Bacwound
The City Council adopted a Council Policy (#230-01, see Attachment "A") to support a
Chula Vista Convention and Visitors Bureau (CVConvis) at its March 21, 1995 meeting.
Convention and Visitors bureaus typically conduct advertising campaigns, produce
brochures, attend trade shows, and operate tourist-oriented facilities to promote the City.
The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista
destinations, including the U.S. Olympic Training Center, entertainment venues, golf, Yacht
Harbor, local motels, restaurants, shopping, and special events such as Celebrate Chula
Vista and Taste of the Arts. CVConvis also promotes Chula Vista during major conventions
and events in the region, which in the past has included the Super Bowl and World Series.
Also, at the March 21, 1995 meeting, Council approved increasing the TOT rate from 8% to
10% and approved a draft budget for CVConvis. The funds to operate CVConvis were
included in the approved City budget for fiscal year 1995-96, subject to negotiation of a
contract with the Chamber. The last contract was approved by Council in 2002, and has
subsequently been extended, via contract amendments, through June 2007.
On a related subject, the City has had a contract with the Chamber since 1994, for operation
of the Visitor Center at the Bayfront/E Street Trolley Station and the provision of general
visitor and transit information at both that location and the Chamber's main officel. Since
opening in 1986, the Visitor Center has had four commercial operators, none of whom were
1 The Bayfront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista and the Metropolitan Transit
System (MTS). The site includes the Visitor Center, which has been administered by the City under a separate agreement.
J :\COMMDEV\ST AFF .REP\2007\ 1 0-02-07\CONVIS\Half Year Appropriation CONVIS
2008 StaffReport.doc
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Page 3 of 4
able to operate the center at a profit. In late 1994, after considering four proposals to run the
Visitor Information Center, the Council approved a contract with the Chamber, which has
been extended annually, via contract amendments. Since its opening in 1986, the City has
paid the costs of utilities, exterior maintenance, building repairs, major improvements and
landscaping.
The Center serves a daily average of more than 200 people who request visitor and transit
information. The major focus of the Visitor Center is to provide mass transit information
and ticket sales to trolley and bus riders, promote visitor-serving attractions and businesses
in the City, and to provide accurate information to visitors concerning Chula Vista and the
San Diego region including Tijuana and Baja California, Mexico. With the limited retail
opportunities at the Visitor Center plus the main focus on providing service to the tourist
and transit riders, an annual subsidy for the operation is required. Part of the Strategic Plan
(see Attachment B) developed by the Chamber for CVConvis and the Visitor Center is to
identify other revenue opportunities, as well as other goals and objectives for the Center.
Terms
The terms of this six month contract are similar to the terms in the previous contract with the
Chamber for CVConvis and Visitor and Transit Information Services. Assigned
responsibilities include:
. Promote and market the City and the City's visitor destinations, meeting
facilities, tourism, and related businesses (see Operating Rules, Attachment C)
. Respond to inquiries about transit; provide transit information about trolley and
bus schedules, routes, prices and stops; and sell transit passes
. Provide information about Chula Vista (e.g. major hotels/motels, restaurants,
shopping), San Diego County visitor attractions, Southern California, and
Northern Baja, Mexico
. Provide general information about the City, including City maps and brochures
. Operate the Visitor Center between 8:00 a.m. - 4:30 p.m. on weekdays and 8:30
am. - 4:00 p.m. on weekends and holidays
Subsequent to Council's mid-year budget deliberations, staff will recommend an
additional six month contract and appropriate funding to account for services that will be
rendered during the remainder of the 2008 fiscal year.
Visitor Center Maintenance - City
In addition to the CVConvis and Visitor Center budget allocation per the proposed contract,
the City also funds the maintenance of the Visitor Center. These maintenance costs are
included in the Chula Vista Transit's FY 2007-2008 budget for the BayfrontIE Street Trolley
Station and are the City's responsibilities.
Staff and the Chamber are committed to maintaining and operating a safe and responsive
Visitor Center. The image of the City is very important and the Chamber is committed
J :\COMMDEV\ST AFF .REP\2007\1 0-02-07\CONVIS\Half Year Appropriation CONVIS
2008 StaffReport.doc
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10/02/07, Item~
Page 4 of 4
through this contract to promote a positive, friendly and responsive image as desired by the
City.
DECISION MAKER CONFLICT
Not Annlicable
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 l8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
The Council-approved City budget includes $96,507.00 in funding dedicated for six months
worth of services to the Chamber for Chula Vista Convention and Visitor Bureau activities,
Visitor Center operations and to provide Chamber Information Services at the main office.
Included in the six month figure is the $6,688.00 that the City pays the Chamber for general
information services.
ATTACHMENTS
Attachment A - Council Policy #230-01
Attachment B - CONVIS Strategic Plan
Attachment C - Operating Rules
Prepared by: Gustavo Perez, Senior Community Development Specialist, Economic Development Office
J :\COMMDEV\ST AFF .REP\2007\1 0-02-07\CONVIS\Half Year Appropriation CONVIS
2008 StaffReport.doc
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AI 1(;..,.1... I"
,\V,\~
COUNCIL POLICY
CITY OF CHUrA VISTA
SUBJECT: SUPPORT FOR A CHULA VISTA VISITORS
AND CONVENTION BUREAU, SUBJECl' TO
ANNUAL APPROVAL OF A BUDGET AND
RELATED CONTRACl'
POLICY
NUMBER
230-01
EFFECTIVE
DATE
07-01-95
PAGE
20F2
WOPTED BY: Resolution No. 17843
I DATED: 03-21-95
If the annual T.O.T. revenue exceeds $2.5 million, the proposed VISitors and Convention
Promotion Budget would be $200,000. The City would then review this Council Policy,
including discussing it with the Chamber of Commerce and the Chula VISta Motel Association,
to determine whether the policy should be revised to provide any additional guidelines for
proposed VISitors and Convention Promotion funding beyond the $200,000 maximum
proposed annual amount provided in this policy.
~. The Chula VlSta Chamber of Commerce and the Chula Vista Motel Association are forming a Chula
VlSta Visitors and Convention Bureau, and representatives of those agencies and the City will be
involved in formulating a proposed VISitors and Convention Promotion Budget to be considered by
the City Council each fiscal year. It is anticipated that some projects included in the Visitors and
Convention Promotion Budget will continue to be administered by the City or be for services for
which the City has previously contracted with the Chamber of Commerce. It is also anticipated that
a significant portion (probably the majority) of the Visitors and Convention Promotion Budget will
be for specified services for which the City will execute an annual one-year contract with the
Chamber of Commerce, on behalf of the Visitors and Convention Bureau. The Chamber will ptovide
quarterly reportS to the City to be specified in the annual contract, including appropriate accounting
data.
This policy shall be set for review approximately five years after its adoption date. That review
should include, but not be limited to, the appropriateness of continuing to establish Visitors and
Convention Promotion budgets in relationship to the amount of T.O.T. revenue collected, the
guidelines for such relationships, and the appropriateness of the Chamber of Commerce continuing
to act as the contracting arm of the VISitors and Convention Bureau compared to other
organizational arrangements such as the establishment of a stand-alone Visitors and Convention
Bureau.
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ATTACHMENT B
chula Vista Convention & VISitors Bureau
Stratl!l!ic PWi
Mission: The Chula Vi.tta Con'Yelltion &; VISiton Bureau foC1JSes 011 developing CImIa VISla as a
destinzlicn ciiy by gCllClal:ing lIIld promoting tourism, while cxpmdi:ng md. attracting visiton to our
=1IIIity.
Thion: It is our vision to c:rea!e a Visi10r Center offiCll tbat ~ and Intemat:icmal. VJ.Sitor
Information Center using the latest in technology lI!lll an lme:acttve environment; to welcOllle and assist
guests from aJ1 over the world. :
Goal: Partner wiJ:h The City of Chula Vista to creat: a visitor <=ter in a central, 'lisib1e, high traffic, mCet
level, aq:e:ssible location in the City of Chula Vista.. Provide a site fer public DU!reach fer the c=mrlty
of Chula Vista and our visitors. Create an atmosphere which promotes oar city as a great place to live,
work and play...Catch the Spirit!
We W2llt vwtors to:
. Seloc:t CbuIa Visia 8< San Diego Cotmty as a destioaticn;
. Feel welc:omed, manned and educated so they tako full advantage of Cbula Visia at!ncli0ll3,
acc:ommodations, dining and shopping, as well as cummt scheduled entertainmenr, activities lIlld
events;
· Tm1 the VISiter Information Center (VIe) as an allractiOll- the window to the rest of their stay- a
destinatiOll in itself
. Maintain Dr lengthen the dmation of their stay;
. Say "WOWlW ok c:onsequClItly promote the City ofChula Visia through positive word-of-mouth;
. Retum to Chula Vista and its attn.ctiOllS often.
Obj ectives: . .
1. The ultimate objective is te ensure that the Chula VLsta VISitor Information Center (VIe) and
Chula Vista ConYelltiOll 8< VlSitea Bureau (CONVIS) supports and promote Chula Vista's sales
and 1IIlId:=ting eftbrts by reapouding to visitor inquiries in a profeS3ional, friendly, accurate and
timely m=. The VIC and CONVIS will render valuable infOrmatiOll servi= to visitors from
around the world lI!lll projoc:t a positive image while rejl=enting the Ciiy of Chula Vista, San
Diego County 8< Port of San Diego.
2. To ma.rim;7.lIlleIIda:o"" at aU of the attractiQllS., ac:commodatiOllS and activities in Chula Vista
lIlld San Diego COIlIlty by providing pertinent intbrmatiOll via the latest in multi-media
technology as well as through. La ] olla 8< San Diego O:flicial Visitor Guides, broc:h1Jres, maps lIlld
promotioca.l matmals fer guests visiling the Chula Vista VIC and Chula Vista CONVlS.
3. That the VIC becomes the primary resource fer Chu1a Vista in order to assist and 5Upport local
attn.ctions, concierges, etc.
4. To may;m;70 revenue generatioo. through retail sales, attraction and tour ticket sales, =taurmt
reservations me! sponsorsbip opportunltics; and optiOllll services such as === to the Internet
lI!lll ....mail, phone card vending machine, travel books, visitor SIJZIdries and souvenir1
5. To further support a team ofvo!Imteen by c=ti",}ing to develop a foana1 vobml=er program that
includes recruitmenr, tr3ining, scheduling and motivating C<mIIIlUIIity volUl1teers to assist with
infomwioo dWemi:nation in a liiendly and unbillsed rilmner and in a variety of fomp .
Jangua,,-.
IS. Collaborm with the City ofChula Vista, the Chula Vista Chamber ofCmmn=e lI!lll CONVIs
for mn ltimedla cov=ge to fiJrther market the City of Chula V~ Le. press, I3di0, te1=visi.oo,
m"gl'mes sed promatillIIlIl matmal.
1-6
In order to suc:cesstaDy ac!lien tile V&iOIl, Goals lllId Objcctlves listed above, there are three
cat=!lories wmch m1lSt be addressed.
1. uterual space Deeds
1. EmlruallocatlOD Deeds
3. Resources
1. INTERNAL SPACE NEEDS: lYlllk-in center 1200 sq. ~
Public Space:
. Reception area
. Sig:nage in sevenllangaages and fur people with 'Iarlous c&abilities
. Counter space
. Professionally designed intbnnation and inl=pretive displays fur the City of Chula Vista, San
Diego Comity, Port .
. Pleasing graphics thai: depict the City of Chula Vista and San Diego CollIlty
. Interactive displays, videos, kiosks with inf=ation and scenes re: Chula V"LSta and San
Diego Comity .
. Slate of the art information retrieval systenu (example, CD's with headphones and/or video
sereens to viewllisten to informatiou of ChuIa Vista; (viltua.l. reality)
. 1mer.aet aa:ess for visit~ to sendlreceive ..mail
. Retail sales area and gift shop
. Postage st:uIlp vending machine
. Attractiou &: tour ticket sales area
. Broc:hure distribution raW
. Public phones, including one for the hearing impaired (1DD)
. Regional locator map and public lnrlsportation map displayed for viewing
. Wall space and backlit display space to lease for advertising purposes
. Thematic decor, ambiance to coordinate with ChuIa Vista and San Diego Convis l\dvertising
and promotional themes- any out the Chula Vista "brand. ~
. Welcoming dl!cor- balmers, flags, displays, mpas, light and bright, a visual experience,
-We're glad you are hen"
. Accessible features fer 1r.rvelers with disabilities.
. Public restrooms for each gender, tlmtiIies and people with disabilities as well as daily
CllStodial services (this will depend on location and public restrooms in the area)
BeJtiDd the Scenes
. Office space for :JUP.ervisor and staff with bookcases, file cabinets, computers, phones and
desk space fer voluntcm .
. Space fer office maWnes: fax, copier, postage mac:hine, printers., typewriters, telepbone and
voice mail equipment
. Wiring for computer.s, internet, phone lines ..
. Stonge for visitor guides, broclwrcs, office supplies, promotional itl:ms, retailltcms, cleaning
equipmect, light bulbs, historical records
. Bnak room- with refrigerator, microwave, toaster even, coffee, sink, lockers for staff; water
cooler
. Rcstrooms for staff
. Coat nck
. Cash register and built in safe
. Pbmle syslmlllrat int=::t'.Ic::s with Chula Vista CONVIS
. Approprlate heating and air coadit:icming
"
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2. EXTERNAL LOCATION NEEDS:
a C=.tral awJa VJBtt lccttion
a A=s3 Ie public tr.mspcrUtiou
a Ground floor, stt=t level, drive by access
a Atll'aclivc ~ design
a Parldng areal amng=m!s for mff .t vobmteers .
a Sev<nll5 milmI:= free parldngplaces for visitors wammg to "run in .tpick up agnidc:" and/er
metered and validated parldng lDUS
a F~ and from: c:IIlr.mCl: facing major m=t- =tlyE Street .
a Necn sigm and directioDaI sip (m sevm.I Ianguagcs er inn.m~rlonal symbol signs) from
freeways and major arteries, to attract visitors to:VJ.Sitor Center (and 5Ubsequently, ChuIa V"LStr.
b~es}
a W dllil- =tl: sease of "safllty" fer area
. 24-ho1lr security .
a 24 hour information awilabl= via met dial phones 011 exterier efvisitor =tter and or elec:tron.ic
visiter inf'otmalicI1 kiw
a Area fer leased ccfi'ee cart opc:raticn
Revenue Soureesl Customer Service! Retail Sales
. Sdlloll1' and attraction tickets
. Sell Chula Vn t-sllirts, sweatshirts, caps, bags, lege items
a Sell trmsit lick=t! pass=!
. Muse\Im lickel3l Balboa Parle passport
a Sauvellirs
. Sundries, lil:m, suntan lotien
. Postcards, videos
a Maps
. Souvomir penny machine with Qw1a Vista and San Dieog scenes
a Phone card vending machine
a Sell sponsor3hip space .
a Multilingual staff; guides, information =<lan:es
a Accommodation and/or =taurant reservation service
. Advertising panel with dedic:ated phone lines fer self sllZ'Vice reservations and info
a Mexican insll1'ance lease space
a Services! business cClIler
o Public phones- including for the deaf
o P!ac: to 3il and go tbrollgb infOImation they have gathered
o Change machine
o S1:ampS
o Access 10 inlemlOt and to puck up their e-mail
o C=cy exchange lease space
3. CONVISI VIe RESOURCES:
. Bilingual stafl'with it combined tola! of IS y= ofvisitcr cenler experience
a Establish a voh:lmeer progmIl with dedicated, .lm9W1edgeable, trained voltmteers
a Establish a motel association to bring together moteIIhotel OWIIcrs and maDagm and the City of
Cbula Vista Police Il<:partm.enl and City Cede cnibrc==at to W<lrls: on raWni the baf (work on
increasing AM rating3)
a Proven mGcds ofinmnnm,," diss2minm"'l
a ~ "hcspilality trai:ning" pl"Ogram.'S fer high school, conege
a R=gional, !l2licmal and. intemIlionallllllrketing oppartmlities
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P'Ul'lDLNG AND MANAGEMENT RECOMMENDATIONS:
1. The City of ClluJa VJ$l and Downtcwn Business Alaociation PBm and spOll.9Cl'3 share
operating and SlafB:ag cost:s.
2. Cost recovery l'eVt:I1W is obtained tbraagh tile on"""..rcJ:isted p:reviOllll.ly.
3. ChuJa Vista CONVIS and the City of ChuJa VJ$l work together to obtain a major cctpCl'3tl:
.spomer (i.a.. Airlinell, American E;qlress Tav=!, =tc) .
4. The Cem:r be managed and apera:t=Q by the Chula V"lSta Chamber of Cczmn=
The Chula Vista Visitor Infonnation Center (VIC) plays a crucial role within and fer our City. In many
iIIs"'u= they are the fim and final link in ChuIa Vista's Marlceting PIan- service to the Visitci-. By
1ttili:zmg San Diego's aggressive advo:rtisU:tg campaign, we will a;tract tile visitor and then t=pQDSlble for
providing friendly and acspilahle servioe. The happy visitor is the I'llpeat visitor.
Our ClmIa Vista Visitor Center is a site fer publio outreach fer Chula VlSta businesses. prcvidi:ng the
timdamenla! visibility and lIl:=sibility to tnve.lers md residents alike ta the City af Cllula Vista.
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ATTACHMENT C
CHULA VISTA CONVENTION AND VISITORS BUREAU
A DMSrON OF THE
CHULA VISTA CHAMBER OF COMMERCE
OPERATING RULES:
1. ORGANIZATION: This division shan be known as the Chula Vista Convention and
Visito~ Bureau rCONVlS") and VISitor In1ormation Center ("YtC") and shall be an
integral part of the Chula Vista Chamber of Commerce (the 'Chamber"), a=rding to our
Bylaws subject to the contractual relationshiJ; between the City of Chula VISta and the
Ch ula Vista Chamber of Commerce which is incorporated under the laws of the State of
California.
2. THE MISSION STATEMENT: The Chula VISta Convention and Visito~ Bureau focuses
on developing Chula VISta as a destination city by generating and promoting tourism,
while expanding and attracting visito~ to our community.
3. THE CREED: The Chula VIsla Convention and Vislto~ Bureau Is organized for the
purpose of marKeting Chula Vista as a viable tourist dastination for the benetit of the
community.
4. SUBCOMMITIEE; The Board 01' Dlrectc~ of the Chamber shail appoint a subcommittee
to guide this division and advise the CONYIS AND VIC General Manager, who shall be
the chair. it shall be governed according to the general rules of the Chamber pertaining
to appointment and operation of committees.. The subcommittee members need not be
Chamber members. At least seventy-live percents of the members shall ~ave
employment or Interest in the entertainment, tourism or hotel industries. The Public
Information Coordinator of the City ofChula Vista shall be an ex-ollicio member of the
subcommittee. The recommendations of the Subcommittee shall be advisory only,
subject to the approval of the Board of Directors of the Chamber.
5. GENERAL MANAGER: The division's day to day operations shall be conducted by the
CONVIS AND ViC General Manager who shall be an employee of the Chamber. The
General Manager shall be advised by the Subcommittee and shall report directly to the
Cham ber Board of Directors.
6. FUNDS: All money paid to CONVIS and VlC shall be placed In a general operating fund
under the Chamber's name but separate from the Chamber's other accounts. Money
subscn"bed or contributed for a special purpose is to be placed In a separate acccunt fer
such purpose. The Chula Vista Chamber of Commerce CEO and either the Treasurer of
the Chamber or another Member of the Chamber Executive Committee must sign
disbursements of the funds of CONVIS if the Treasurer is not available. Executive
Committee and Chula Vista Chamber of Commerce CEO must approve expenditures
over $2000 in advance. ,,:
7. BUDGET: The CONViS General Manager and the Chamber Finance Committee shall
revlew and generate/negotiate the budget of estimated e;cpenses for the fiscal year as
received from the City of Chula Vista, and submit it to the Chamber Bclard of Directors as
part of the budget of the Chamber.
a. ANNUAL AUDIT. The a=unts of CONVIS shall be examined annually in ccordination
with the Chamber's annual aualt and shan under the supervision of the Vice Fresident
Finance and Audit Committee, according to Section 5.A INTERNAL AUDIT
COMMlTTEE.
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SIX MONTH CONTRACT IN
THE AMOUNT OF $96,507.00 BETWEEN THE CITY OF
CHULA VISTA AND THE CHULA VISTA CHAMBER OF
COMMERCE FOR THE PROVISION OF CHULA VISTA
CONVENTION AND VISTORS BUREAU PROMOTIONAL
SERVICES AND VISITOR AND TRANSIT INFORMATION
SERVICES, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, the City of Chula Vista ("City") desires to have vIsItor and transit
information available upon request, without cost, to persons entering the City from the Visitor
Information Center located on the southeast corner of "E" Street and the Interstate 5; and
WHEREAS, the Chula Vista Chamber of Commerce ("Chamber") occupies a unique
public service position in the City and has provided general informational and promotional
services to the public-at-Iarge for many years; and
WHEREAS, the Chamber is experienced and staffed in a manner such that it can provide
convention and visitor promotion services ("Promotion Services") and visitor and transit
information services ("Information Services"); and
WHEREAS, the Chamber has been providing the City with Promotion Services and
Information Services pursuant to separate agreements through fiscal year 2007; and
WHEREAS, the Chamber has a CONVIS Strategic Plan ("Strategic Plan") which
establishes goals and objectives for providing convention and visitor promotion services and
visitor and transit information services; and
WHEREAS, the City desires to continue providing Information Services and Promotion
Services pursuant to a six month agreement for the provision of these two types of services,
based on the Strategic Plan, and on performance measures to gauge success in providing these
services; and
WHEREAS, the City's approved budget for fiscal year 2008 includes $96,507.00 in
funding dedicated to the Chamber for these services; and
WHEREAS, City staff will return to Council prior to December 31, 2007, with
recommended funding for the final six months of the fiscal year.
1-11
Resolution No. 2007-
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista approves the FY 2008 six month contract between the City of Chula Vista and the Chula
Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau
Promotional Services and Visitor and Transit Information Services.
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the Agreement.
PRESENTED BY
APPROVED AS TO FORM
~
J1 Ann Moore
- . o~bty Attorney
Ann Hix
Acting Community Development Director
J:IAttomeyIRESOICOMM DEVIReso CONVIS 2008_IO-02-07.doc
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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
Dated: 8/rt;O/07-
I I
Agreement between
City of Chula Vista and
Chula Vista Chamber of Commerce for
Chula Vista Convention and Visitors Bureau Promotion Services and
Transit Information Services
1-13
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
CHULA VISTA CHAMBER OF COMMERCE (~Chamber")
for Chula Vista Convention and Visitors Bureau Promotion
Services and Visitor and Transit Information Services at the
Chula Visitor Information Center and Chamber of Commerce Main
Office.
This agreement ("Agreement"), dated (add
date) for the purposes of reference only, and
effective as of the date last executed unless another date is
otherwise specified in Exhibit A, Paragraph I is between the
City-related entity as is indicated on Exhibit A, paragraph 2, as
such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A,
paragraph 4, as Consultant, whose business form is set forth on
Exhibit A, paragraph 5, and whose place of business and telephone
numbers are set forth on Exhibit A, paragraph 6 ("Chamber"), and
is made with reference to the following facts:
Recitals
Whereas, the City desires to have visitor and transit
information available upon request, without cost, to persons
entering the City and desiring same, from the Visitor Information
Center located on the southeast corner of ~E" Street and the
Interstate 5 (hereinafter ~Center") at an address commonly known as
750 ~E" Street, and from the Chamber of Commerce office, 233
Fourth Avenue, Chula Vista (hereinafter ~Main Office"); and
Whereas, the Chamber occupies a unique public service position
in the City and has provided general informational and promotional
services to the public at large for many years; and
Whereas, the Chamber hereby warrants and represents that it is
experienced and staffed in a manner such that it can .provide the
convention and visitor promotion services (hereinafter ~Promotion
Services") and visitor and transit information services
(hereinafter ~Information Services") as herein required in
accordance with the terms and conditions of this Agreement; and
Whereas, the City and Chamber have been party to separate
agreements for: Convention and Visitors Bureau Promotion Services
Page I
1-14
from FY 1997-98 as extended through amendments to FY 2007, a copy
of which is on file with the City Clerk as Document No. CO 97-079,
(hereinafter "Existing CONVIS Contract") and for Visitor and
Transit Information Services from FY 1994-95 as extended through
amendments to FY2007, a copy of which is on file with the City
Clerk as Document No. CO 94-121, (hereinafter "Existing Information
Contract"); and
Whereas, the Chamber has a CONVIS Strategic Plan (hereinafter
"Strategic Plan") which establishes goals and obj ectives for
providing convention and visitor promotion services and visitor and
transit information services; and
Whereas, the City and Chamber desire to continue a single six
month agreement for the provision of these two types of services,
based on said Strategic Plan, and on performance measures to gauge
success in providing said services.
Whereas, Chamber warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Chamber to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Page 2
1-15
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Chamber do
hereby mutually agree as follows:
1. Chamber Duties
A. General Duties
Chamber shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Chamber shall also perform all of the services described
in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Chamber, from
time to time reduce the Defined Services to be performed by the
Chamber under this Agreement. Upon doing so, City and Chamber
agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Chamber to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Chamber, Chamber shall perform same on a time
and materials basis at the rates set forth in the "Rate Schedule"
in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is
Page 3
1-16
otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Chamber, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Chamber represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Chamber, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Chamber shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
Page 4
1-17
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Chamber's Commercial General Liability Insurance Policy,
Chamber shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Chamber to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Chamber shall
provide to the City a performance bond in the form prescribed by
the City and by such sureties which are authorized to transact
such business in the State of California, listed as approved by
the United States Department of Treasury Circular 570,
http://www.fms.treas.qov/c570, and whose underwriting limitation
is sufficient to issue bonds in the amount required by the
agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond",
in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Chamber to provide a Letter of Credit (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Chamber shall
provide to the City an irrevocable letter of credit callable by
the City at their unfettered discretion by submitting to the bank
a letter, signed by the City Manager, stating that the Chamber is
Page 5
1-18
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Letter of Credit",
in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Chamber to provide security other than a Performance
Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Chamber shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Chamber agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Chamber for the purpose of
reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit
access to its office facilities, files and records by Chamber
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Chamber's performance of
this agreement.
B.
Compensation
Upon
submitted
Paragraph
receipt of a properly prepared billing from Chamber
to the City periodically as indicated in Exhibit A,
18, but in no event more frequently than monthly, on
Page 6
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the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Chamber for all services .rendered by Chamber
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Chamber for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Chamber shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number
indicated on Exhibit A, Paragraph 18 (C) to be charged upon
making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
Page 7
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assignment or Deliverable, the Chamber shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the Chamber's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Chamber
A. Chamber is Designated as an FPPC Filer.
If Chamber is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Chamber is deemed to be a "Chamber" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Chamber is designated as an FPPC
Filer, Chamber shall not make, or participate in making or in any
way attempt to use Chamber's position to influence a governmental
decision in which Chamber knows or has reason to know Chamber has
a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Chamber is designated as an FPPC
Filer, Chamber warrants and represents that Chamber has
diligently conducted a search and inventory of Chamber's economic
interests, as the term is used in the regulations promulgated by
the Fair Political Practices Commission, and has determined that
Chamber does not, to the best of Chamber's knowledge, have an
economic interest which would conflict with Chamber's duties
under this agreement.
Page 8
1-21
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Chamber is designated as an FPPC
Filer, Chamber further warrants and represents that Chamber will
not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Chamber is designated as an FPPC
Filer, Chamber further warrants and represents that Chamber will
immediately advise the City Attorney of City if Chamber learns of
an economic interest of Chamber's which may result in a conflict
of interest for the purpose of the Fair Political Practices Act,
and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Chamber warrants and represents that neither Chamber, nor
Chamber's immediate family members, nor Chamber's employees or
agents ("Chamber Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be
the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Chamber further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Chamber or Chamber Associates in
connection with Chamber's performance of this Agreement. Chamber
promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Chamber agrees that Chamber Associates shall not acquire any
such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Chamber may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Chamber's responsibilities under this Agreement,
except with the written permission of City.
Page 9
1-22
7. Hold Harmless
Chamber shall defend, indemnify, protect and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) arising out of or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful misconduct of the Chamber, and
Chamber's employees, subcontractors or other persons, agencies or
firms for whom Chamber is legally responsible in connection with
the execution of the work covered by this Agreement, except only
for those claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arising from the
sole negligence or sole willful misconduct of the City, its
officers, 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 Chamber ,
its employees, agents or officers, or any third party.
With respect to losses arising from Chamber's professional errors
or omissions, Chamber shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees)
except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Chamber's indemnification shall include any and all costs,
expenses, attorneys fees and liability incurred by the
City, its officers, agents or employees in defending against such
claims, whether the same proceed to judgment or not. Chamber's
obligations under this Section shall not be limited by any prior
or subsequent declaration by the Chamber. Chamber's obligations
under this Section shall survive the termination of this
Agreement.
8. Termination of Agreement for Cause
If, through any cause, Chamber shall fail to fulfill in a
timely and proper manner Chamber's obligations under this
Agreement, or if Chamber shall violate any of the covenants,
Page 10
1-23
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Chamber of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Chamber shall, at the option of the City,
become the property of the City, and Chamber shall be entitled to
receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date.of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Chamber's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Chambers' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence,
errors, omissions, Chamber shall reimburse City for any
additional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this
agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Chamber of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Chamber shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Chamber hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Chamber are personal to the City, and
Chamber shall not assign any interest in this Agreement, and
Page 11
1-24
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of
the Defined Services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Chamber in
the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Chamber
shall perform as an independent contractor with sole control of
the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or
accept Chamber's work products. Chamber and any of the Chamber's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, worker's
compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax,
social security tax or any other payroll tax, and Chamber shall
be solely responsible for the payment of same and shall hold the
City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with.the City and acted upon by
Page 12
1-25
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Chamber shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's 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 attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Chamber prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Chamber shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Chamber is not authorized to Represent City
Unless specifically authorized in writing by City, Chamber
shall have no authority to act as City's agent to bind City to
any contractual agreements whatsoever.
B. Chamber is not a Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Chamber
and/or their principals is/are licensed with the State of
California or some other state as a licensed real estate broker
or salesperson. Otherwise, Chamber represents that neither
Chamber, nor their principals are licensed real estate brokers or
salespersons.
C. Notices
Page 13
1-26
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby 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 resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
Page 14
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Signature Page
to
Agreement between City of Chula Vista and Chula Vista Chamber of
Commerce
to provide Chula Vista Convention and Visitors Bureau Promotional
Services and Visitor and Transit Information Services at the
Chula Visitor Visitor Information Center and Chamber of Commerce
Main Office
IN WITNESS WHEREOF, City and Chamber have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 200
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
Chula Vista Chamber of
Commerce
~ <?~'c- &v.-.-
Lisa Cohen, CEO
Exhibit List to Agreement
(X ) Exhibit A.
Page 15
1-28
Exhibit A
to
Agreement between
City of Chula Vista
and
Chamber of Commerce
1. Effective Date of Agreement: Fill-in date, or ftDate
Agreement Last Executed"
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
() Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
() Industrial Development Authority of the City of Chula
Vista, a
() Other:
[insert business form]
, a
( "City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Chamber: Chula Vista Chamber of Commerce
5. Business Form of Chamber:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Chamber:
233 Fourth Avenue
Chula Vista, California 91910
Voice Phone (619) 420-6602
Page 16
1-29
Fax Phone (619) 420-1269
7. General Duties:
CHULA VISTA CONVENTION AND VISITORS BUREAU
The general purpose of this duty shall be to promote the City
of Chula Vista and Chula Vista visitor destinations, meeting
facilities, tourism and related businesses ("Promotion
Services") . The Chamber will include in its operations a
division known as the Chula Vista Convention and Visitors
Bureau ("Bureau") to provide Promotion Services. This
division will conduct advertising and marketing campaigns for
the Bureau and have an advisory committee, appointed by the
Chamber Board. The City shall be a member of said committee.
Advisory participation on this committee shall be open to all
interested parties, regardless of membership in the Chamber.
Said open participation shall not preclude fund raising
activities or fees for member and/or patron listings.
VISITOR AND TRANSIT INFORMATION SERVICES AT THE CENTER
The Chamber shall also provide Information Services, as more
particularly described in this Agreement at the Center and
Main Office for the benefit of the City of Chula Vista, the
South Bay Region and visitors to the County. The Chamber has
a duty to operate the Center and provide public services as
specified in this Agreement. Al though portions of this
Agreement have certain aspects of a lease, the parties agree
that this is primarily a services agreement and it is not a
lease.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Dut~es Applying to Both Informational and Fromot~onal Servioes
Pursuant to City Council Policy *230-01 as approved 3/21/95,
the Chamber agrees to provide the following services as part
of its Informational and Promotional services.
(1) In general.
The Chamber shall respond to all walk-in, phone and mail
inquiries received making reasonable and appropriate
requests for information by the Chamber from individuals,
Page 17
1-30
groups, businesses, news media, etc., and persons
referred by the City. Responses shall be accurate,
complete, cooperative and promote goodwill on behalf of
the City. Responses shall be made in a timely manner.
Walk-in and phone inquiries shall be responded to as they
are received unless additional research is required.
Mail inquiries shall be responded to within three (3)
working days after the receipt of such inquiries, unless
extensive research is required.
(2) Staffing
The Chamber shall employ qualified competent staff who
are neatly dressed and courteous at all times. The
Chamber shall be encouraged, but not required, to
schedule a minimum of two employees to provide Center
services - although, an adequate number of personnel must
be scheduled so that Permitted Commercial Activities do
not significantly interfere with the primary
responsibility of providing Information Services. The
Chamber shall also provide an adequate number of
personnel who are qualified and competent at the Main
Office to provide Information Services during Main Office
business hours.
(3) Training
The Chamber shall provide adequate training to ensure
that personnel are able to respond to inquiries about
transit and areas of interest from members of the public
and to promote visitor-serving attractions and facilities
in Chula Vista. The Chamber shall also provide adequate
safety training, as determined by the City, to ensure
that personnel safely maintain the Center.
a. Extensive Knowledge. Center, Main Office, and
CONVIS staff must have extensive knowledge of and
be capable of disbursing complete and accurate
information about the following:
i. Chula Vista - including but not limited to,
street locations, major hotels / motels,
restaurants, visitor attractions, government
offices, Chula Vista Nature Center, and major
shopping areas.
ii. Transit information
including but not
Page 18
1-31
limited to, Trolley schedules, prices, and
stops, and Chula Vista Transit bus schedules
and routes.
iii. San Diego County visitor attractions
including, but not limited to Sea World, San
Diego Zoo and Wild Animal Park, Horton Plaza,
airport, Gaslarnp Quarter, Mission Bay, beaches
and other attractions, along with applicable
admission prices, hours of operation and
directions.
b. Adequate knowledge. Center, Main Office, and
CONVIS staff must have an adequate general
knowledge of and be capable of dispensing general
information about the following:
i. Northern Baja, Mexico including but not
limited to major highways, cities, insurance
requirements, major hotels/motels,
restaurants, shopping areas, major visitor
attractions, and written information from
governmental agencies regarding duty and visa
regulations.
ii. Southern California including but not
limited to major highways, cities and visitor
attractions.
c. Visitor Services. Chamber shall provide
information (e.g. locations, schedules, directions,
applicable fees), on topics including, but not
limited to the following:
- Community clubs and organizations
- Local events parades, displays, seasonal
promotions
- Chula Vista Nature Center
- u. S. Olympic Training Center
- Coors Amphitheatre
- Knott's Soak City
- Street Information directions, locations,
closures, detours, etc.
- Lodging facilities
- Transit
- Airports and Trains
- Medical, Professional and real estate offices
Page 19
1-32
- Business Referrals
- Meeting Rooms
- Government services/officials and referrals to
appropriate departments
- Churches and other places of worship
SchoOls, including colleges and universities
- Museums, historical and cultural sites
- Mexico - information on tourist cards, parking,
etc.
- Tourist attractions
Recreational sites, parks, picnic areas, and
beach information
- Newspaper and local publications
- RV parking/mobile home parks
- Chula Vista demographics (e. g. population,
housing)
d. Chula Vista Promotion. In an effort to promote
Chula Vista, the Chamber shall always provide
information on those businesses, facilities, and
attractions in Chula Vista which pertain to the
person's inquiry. The Chamber shall also suggest
businesses, facilities or attractions which the
Chamber believes may be of interest to a visitor.
(4) City Image Enhancement
The City, as a public entity, is concerned about the
image portrayed and services provided by the Chamber and
its personnel. The City shall have the right to inform
in writing, the Chamber of actions by the Chamber or the
Chamber's personnel, which do not conform with the image
the City desires to have portrayed. This includes
providing complete and accurate Promotion Services and
Information Services and presenting a neat, clean,
responsive, and friendly image of the City. The Chamber
shall take all necessary steps to ensure that its actions
project the image desired by the City as directed from
time to time.
(5) Standard Information
The Chamber shall develop and utilize standardized
packages of information for responding to general
inquiries about Chula Vista as a visitor destination and
for new or potential residents of the City. Such
packages shall be maintained with current information and
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shall meet with the approval of the City. The packages
may be used, but shall not be deemed solely adequate, for
inquiries, making reasonable, specific requests for
information not routinely included in the packages.
(6) Referrals - Other Agencies
For inquiries beyond the expertise of the Chamber,
referrals may be made to more appropriate entities. A
tally of the number of inquiries referred to other
entities, including date of inquiry, type of inquiry
(walk-in, phone or mail), entity referred to, and subject
of inquiry shall be recorded and reported in the
quarterly summary to the City. The Chamber will provide
the name and address of the person or business making the
inquiry, if appropriate.
(7) Referrals - Businesses
Responses to inquiries shall show no preferential
treatment to Chamber members or any other group or
individual persons or businesses. Wherever possible,
however, referrals to businesses shall be made to
businesses in the City of Chula Vista. Referrals shall
be rotated among businesses qualified to provide the
service or services requested.
The Chamber shall coordinate with the
Development Department on responses
business relocation inquiries.
City's Community
to significant
(8) Customer Feedback
During a specified period of this Agreement (as
determined by the City and Chamber) the Chamber shall
develop and make available to the public unstamped
response cards addressed to the City's Community
Development Department to obtain feedback on the quality
of information provided. Each response to mail inquiries
shall include such a card. All cards returned to the
Chamber shall be forwarded to the City's Community
Development Department.
(9) Information
The Chamber shall exercise care in ensuring the Center
has new, pertinent information as it arises, such as
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special events, lists of visitor-oriented businesses and
attractions. As part of this effort, the Chamber shall
include the Center on the Chamber's mailing list.
Furthermore, the Chamber shall keep updated information
at the Center and the Main Office and maintain a website
containing said information (~Websiten).
(10) Free Services
The Chamber shall not charge the public a fee for
providing services unless specifically approved in
writing by the City. City maps will be sold to the City
at cost, and sold at the Center and Main Office for no
more than cost plus 15% to the general public.
Notwithstanding this prohibition, fees charged by credit
card companies for may be passed along to the purchaser.
(11) Sample Survey
The Chamber shall conduct a sample survey over a two-week
period that covers all of the hours and days that the
Visitor Center is open to determine who is using the
Visitor Center and for what reason. The answers/results
from the survey shall be provided to the City.
Promotion Services and the Chula Vista Convention and Visitors
Bureau
(1) Marketing and Promotion
Chamber shall hire adequate marketing staff (~CONVIS
staff") to coordinate an advertising and marketing
campaign. for the Chula Vista Convention and Visitors
Bureau (~Bureau"). In addition, CONVIS staff will
oversee Center operations and the sale and display of
advertising therein. Incidental Chamber support and
liaison by CONVIS staff would be anticipated by this
Agreement, with such support and liaison being in
conj unction wi th, but not detracting from, the
performance of primary CONVIS staff responsibilities.
For illustrative purposes, duties of a proposed General
Manager of CONVIS are attached as Exhibit B. Chamber
shall ensure that CONVIS staff do not have any conflict
of interest that would negatively impact its provision of
Promotion and Information Services.
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(2) San Diego CONVIS membership
Chamber shall maintain membership in the San Diego
Convention and Visitors Bureau for the City of Chula
Vista and/or Chula Vista Convention and Visitors Bureau.
(3) Distribution of Visitor Brochure and Nature Center
Brochure.
Chamber shall distribute and place Brochures specified by
the City at all major brochure racks in San Diego County,
including but not limited to those at airports, cruise
ship terminals, bus and train stations, hotels, motels,
visitor centers and convention centers.
(4) Design and Printing of Brochures
At City's request, Chamber shall design and print the
brochures, flyers, and/or other publications that focus
on promoting Chula Vista and its attractions - such as
general visitor brochures or folders, calendar of events,
dining and lodging guide, attraction coupon and golf
course flyer. The Chamber shall exercise its best
efforts to have the costs for the design and/or printing
of these publications (i.e. dining and lodging guide)
fully or partially reimbursed by the promoted
attractions. Any deficit in production costs shall be
paid for by Chamber.
(5) Advertising
Notwithstanding the printing and designing of brochures,
Chamber shall spend at least $12,500 of the compensation
awarded under this six month Agreement for advertising.
Advertising design, content and placement shall focus on
promoting Chula Vista and Chula Vista attractions within
the region and maintaining primarily a visitor and/or
convention orientation. Target media may include but are
not limited to: regional magazines, recreational vehicle
or auto club publications, motel room event and
attraction listings, San Diego CONVIS publications, etc.
Advertisements shall be placed in at least three tourist-
oriented publications and the response/success of those
advertisements communicated to the City. For any ad
placement or series of placements in the same publication
for which the total price shall exceed $6,000, said
placement shall be subject to review and approval by the
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City's Contract Administrator.
The Chamber shall also be encouraged to engage in
cooperative advertising campaigns, with participation by
the City and by local visitor-oriented businesses. The
maximum City and Chamber participation via this Agreement
in any such cooperative advertising shall be 60% of the
cost of advertising production and placement. The other
40% of advertising expenses shall be borne by the local
participants. Such cooperative advertising shall be open
to all visi tor-oriented Chula Vista businesses,
regardless of membership in the Chamber.
For those items that would entail graphic or display
design (e.g. Advertising, Visitor Brochure, Chula Vista
display at the u.S. Olympic Training Center, etc.), the
Chamber shall work with City on initial design concepts
and obtain the prior written design approval of the
City's Community Development Department and Office of
Communications. Said approval shall be in addition to
any other required design review or other discretionary
City approvals.
(6) Specific Promotional Activities
As part of this Agreement, the Chamber shall also perform
these specific promotional activities:
a. Hold at least three meetings per year for the
operators of hotels and motels in Chula Vista.
Adequate written notice of the time, place and
subject matter of these meetings shall be provided
(at least 30 days prior to such event). At these
meetings, the Chamber and lodging providers will
work on develop marketing strategies and
communicate ways to improve their businesses and
stature within the community.
b. At least once per year, organize FAM
(familiarization) tours to the City's major
attractions (e. g., Olympic Training Center, Coors
Amphitheatre, Knott's Soak City, the Chula Vista
Nature Center, three golf courses, etc.) for San
Diego CONVIS members, meeting/convention planners,
and concierges from around the County.
c. Promote and market the City and the following
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visitor-serving attractions at industry trade
shows:
i. Restaurants
ii.Shopping
iii. Arts and cultural activities
iv. Golf
v. Local history
vi. Libraries
vii. Parks and recreation facilities
viii.Entertainment venues
Information Services - Visitor Information and Transit Center (750
E Street)
The Chamber shall operate a first-class Visitor Information
Center according to the following standards for the term of
this Agreement as same may be from time to time extended.
(1) Hours of Operation
The Chamber shall operate the Center at least eight and
one-half hours per day on weekdays and seven and one-half
hours per day on weekends and holidays. Operating hours
shall be 8:00 am to 4:30 pm on weekdays and 8:30 am to
4:00 pm on weekends, subject to amendment by separate
written Agreement of the Chamber and City Contract
Administrator. The Center may be closed on Easter
Sunday, Thanksgiving Day, Christmas Day and New Year's
Day. The Center may also close early on Christmas Eve
and New Years' Eve, at the Chamber's discretion.
(2) Transit Passes
The Chamber will make available for sale to the public,
transit passes issued by the Metropolitan Transit System
(MTS) and Chula Vista Transit. The Chamber will also
make change for transit fares as requested by the public
to the extent feasible.
(3) Precedence of Services
Commercial activities, promotion and/or referrals shall
not interfere with the Chamber's ability to provide free,
reliable, complete and true information in response to
requests from public users of the Center.
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(4) Signage
The Chamber may be required to post a "Free Visitor
Information" sign at each of the three entrances to the
Center or at the counter. Size and design of the sign
will meet with the approval of the City. The cost of
supplying and installing any such signs(s) shall be borne
by the City.
(5) The Chamber is prohibited from erecting or creating any
signs on the Center that are visible from the outside or
in any area within the jurisdiction of the City without
prior written approval of the City. Interior signage or
advertising is subject to the City's approval.
(6) Display Advertising
The Chamber shall be permitted to sell display
advertising space, which shall be limited to the Dura
Trans Board. Display advertising on surfaces other than
windows is limited to those areas indicated on the Design
Layout as herein defined and as it may be modified with
the City's Approval.
(7) Wall Space
Except as provided herein or otherwise approved by the
City, interior and exterior wall space will be posted
only with public service information consistent with
material identified in this Agreement. Display material
supplied or approved by the City designed to promote
visitor attractions in Chula Vista may also be posted on
walls.
(8) Information Counter
Display of retail merchandise on the information counter
top shall not significantly interfere with its ability to
be seen and used for providing Information Services.
Display or additional retail merchandise behind the
counter shall present a neat, uncluttered appearance.
(9) Pay Phone
The Chamber shall be required to maintain at least one
public pay phone at the Center.
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(10) Restroom Access
Due to health and safety concerns there are no public
restrooms at the Center, although the City reserves the
right to allow MTS and Chula Vista Transit bus drivers to
have access to the Center's restrooms, with said access
only being through the exterior restroom doors. Exterior
doors to the restrooms shall be locked when not being
utilized by Center or transit employees. Interior doors
opening into the restrooms shall be locked when the
Center is closed - i.e., transit employees will only be
provided keys to the exterior doors.
(11) Compliance with the Law
Operation of the Center shall comport with all local,
state, and federal laws and regulations, including but
not limited to, those provisions of the Chula Vista
Municipal Code ("CVMC") relating to the sale of adult
materials (as defined in CVMC 5 19.04.007) and the County
of San Diego Health Department's regulations relating to
food sales and consumption.
(12) Center Design Layout
The Chamber agrees to maintain the current layout of the
Center ("Design Layout") which includes a color scheme,
theme, lighting, and physical location of furniture,
fixtures and equipment such as tables, chairs, racks,
shelves, vending machines, display advertisements, etc.
The City will work with the Chamber and a space designer
(to be provided by the City) to make any changes to the
Design Layout necessary for improving Americans with
Disabilities Act (ADA) access, improving City image, and
improving Information Services and retail revenue.
Approval will be subject to all City rules and
regulations, including but not limited to Design Review.
City may terminate any use in the interior of the Center
or layout of the interior facilities, which it finds
objectionable; and the Chamber is prohibited from use or
decoration of the exterior areas without the advance
written approval of the City.
The Chamber shall not make any structural improvements or
changes to the Center except in accordance with the
Design Layout, which has been reviewed and approved by
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the City.
The Chamber's operation of the Center will conform to the
approved Design Layout. Any changes to the approved
Design Layout must have prior approval of the City.
The Chamber shall maintain displays in the Center,
including, but not limited to, the following:
a. One bulletin board of community activities of a
size and design acceptable to the City. The
Chamber shall insure that current information
concerning upcoming special events wi thin Chula
Vista are displayed at all times.
b. Display map of the City of Chula Vista;
c. Display stand of scenes of Chula Vista;
d. Display space on the information counter for
brochures designated by the City about Chula Vista
attractions. The Chamber will further provide
space for transit brochures designated by the City
in a location mutually agreeable to the parties;
and
e. At least one fully stocked brochure rack in the
lobby area of the Center containing brochures,
which provide information on the major visitor
attractions in Chula Vista and San Diego County.
(13) Maintenance, Repairs, Utilities and Improvements of the
Center:
a. Regular Maintenance
The Chamber shall operate the Center in a safe and
reasonable manner. The Chamber shall be
responsible for keeping the interior and exterior
of the Center free of trash and in good order and
condition. This includes, but is not limited to,
the vending machine area and private restrooms.
Cleanliness, repair and maintenance shall be done
to the City's satisfaction.
Restrooms will be cleaned at least once per day.
The Chamber shall provide restroom supplies such as
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toilet paper and paper towels.
The Chamber shall be responsible for all costs and
supplies necessary for the proper cleaning of the
interior of the Center, including graffiti removal
that does not require painting, and minor
maintenance such as replacing interior light bulbs.
The Chamber shall be responsible for the
professional cleaning of the interior floors and
vending machine area floor at least once every
three months using professional equipment and/or
personnel.
The Chamber shall be responsible for maintenance of
the exterior advertising panels, steam cleaning of
the exterior patios and walkways of the Center when
needed, trash pick-up and removal, and exterior
ashtray cleaning.
b. Facility Repairs
The City shall be responsible for repairing and
maintaining the exterior of the Center. This
responsibility extends to, but is not limited to,
the interior, the roof, exterior walls,
landscaping, and exterior graffiti removal. The
City shall be responsible for repairing and
maintaining all permanent interior improvements to
the Center. Said improvements shall include, but
not limited to, plumbing, utility systems, windows,
fixtures, painting, and wall coverings.
c. Emergency Repairs
The City authorizes the Chamber to make emergency
repairs of up to $500 for items the City is
responsible for repairing and maintaining.
Emergency repairs include but are not limited to
broken windows and roof leaks. The City will
reimburse the Chamber for reasonable costs up to
$500 for such necessary emergency repairs within
sixty (60) days of submitting an invoice to the
City's Contract Administrator.
d. Negligence
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Notwithstanding the foregoing subsections, the
Chamber will be responsible for all repairs
required as a result of negligence of the Chamber
or the Chamber's employees. Costs of said repairs
shall not be deemed ~Applicable Operating
Expenses."
e. Utilities
The City shall be responsible for all water, sewer,
and electricity utility costs associated with the
use of the Center, including the restrooms. The
Chamber shall be responsible for all trash
disposal, alarm service and telephone costs.
Telephone billing records and long distance charges
shall be subject to review and audit by the City.
f. Improvements and Personal Property; Title upon
Termination
Unless otherwise provided in writing by both parties, all
improvements to the Center shall be the responsibility of
the City, and upon termination of this Agreement, all
improvements to the Center (regardless of who performed
improvement), all inventory and all personal property
remaining on the Center shall be deemed to be the
property of City.
(14) Right to Inspect Operations
The City Contract Administrator shall have the right to
enter the Center, inspect same and review the operations
of the Chamber under this Amended Agreement at any time
during the term of this Agreement.
(15) Evaluation of Visitor Center Location
Chamber and City shall meet to evaluate the location of
the Visitor Center and make a recommendation to the City
Manager by January 1, 2008.
Information Services - Chamber's Main Office (223 Fourth Avenue)
and Off-Site
In recognition of the fact that not all services can be solely
performed at the Center, due primarily to the walk-in oriented
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business attracted to the Chamber's Main Office, the Chamber
shall continue to provide limited General Information Services
for the City at its Main Office. The Chamber shall also
continue to represent the City at selected trade shows, work
with the City's economic development staff to obtain materials
and displays, as appropriate, and represent the City at
selected special events to promote the City to visitors and
enhance its regional image.
(1) Main Office Services - Hours of Operation
Chamber staff shall be available to provide Main Office
Services Monday through Friday from 9:00 am to 5:00 pm,
except for New Year's Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans Day, Thanksgiving Day, the
day after Thanksgiving Day and Christmas Day.
Holidays cited above falling on a Saturday will be
observed on Friday. When a holiday occurs on Sunday, it
will be observed on the following Monday.
(2) Consolidation of Services
Where possible and practical, the Chamber shall endeavor
to consolidate Main Office service with that provided at
the Center. Efforts to consolidate shall include, but
not be limited to, White Pages listing of the Center
phone number and site as the Chamber's ~General
Information/Tourism" contact and review of phone and mail
handling procedures.
Performance Meetings and Minor Amendments to Agreement
The Chamber and City shall meet on at least a quarterly
basis to review items including, but not limited to:
quarterly reports, scope of services, hours of operation,
permitted commercial activities, Design Layout, and scope
and consolidation of Main Office Services.
The Chamber and City Contract Administrator may, in a separate
addendum to this Agreement, amend the scope of services or
operating conditions relating to: form and content of
quarterly reports, hours of operation, permitted commercial
activities and Design Layout. Any other changes shall be
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subject to a formal written amendment approved by the City
Council.
B. Date for Commencement of Chamber Services:
( ) Same as Effective Date of Agreement
(x) Other:
July 1,2007
C. Dates or Time Limits for Delivery of Deliverables:
December 31, 2007
D. Date for completion of all Chamber services:
December 31, 2007
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
(x) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage) .
10. Materials Required to be Supplied by City to Chamber:
A. Duty to Make Center Available for the Use and Occupancy
of the Chamber
City agrees to make the Center available to the Chamber in
order to provide the Information Services and Promotion
Services herein required, and to conduct such other collateral
uses herein permitted, which availability shall be to the
exclusion of all other commercial uses of the Center. The
Chamber has no independent right to occupy the Center except
to provide its duties outlined in this Agreement.
B. Duty to Allow the Chamber to Conduct Certain Commercial
Activities
(1) Permitted Commercial Activities
On the terms and conditions herein specified,
including accordance with the approved Design
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Layout, the Chamber shall have the right, and City
shall permit the Chamber, to conduct the following
commercial activities or sales at the Center:
- Transit tickets and passes
- Phone Cards
- ATM Services
- Pay Phone Services
_ ~Chula Vista": T-shirts, Hats; Bumper Stickers;
Key Chains; Buttons; Pens; Pencils; and
Postcards
- Film, Flashbulbs and Batteries
- Maps/ Guide Books
- Mexican Auto Insurance
- Newspapers and Magazines
Travelers Checks/American Express services
- Soft Drinks/ Coffee
- Candy/ Gum/ Ice Cream/Snack Foods
- Sunglasses
_ Suntan Lotion/Chap Stick/First Aid items - such
as pain relief medicines
- Postage Stamps
- Kleenex/Pocket Combs
- Lottery Tickets
- Tour and Excursion Tickets
- Video/ vending machines
- Display advertising space as permitted herein
The sale of products or services not listed above
is subject to the City's approval. Such approval
shall not be unreasonably withheld, but shall be
consistent with the approved Design Layout.
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Chamber as
herein required, City shall pay a single fixed fee in the amounts
and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount for 6 months of service: $96,507.00,
payable as follows: Promotion Services & Center Information
Services: $89,819.00; payable in two quarterly increments of
$44,909.50. Main Office Information Services: $6,688.00; payable
in two quarterly increments of $3,344.00.
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For purposes of computing net profits, monies received from the
San Diego County Community Enhancement Program or the San Diego
Unified Port District for the Visitor Center Chula Vista
Convention and Visitors Bureau would not be counted as Visitor
Center revenues.
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
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City shall have issued a notice to proceed to Consultant as to
said Phase.
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
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will perform all of the Defined Services
required of Consultant for $
all Materials, and other "reimbursables"
Compensation") .
herein
including
( "Maximum
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred
time and materials equal to
("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further
authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost
and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Hourly rates may increase by 6% for services
rendered after [month], 19 ,if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
Reports, not to exceed $
Copies, not to exceed $
Cost or Rate
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1-49
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
not to exceed $
, not to exceed $
13. Contract Administrators:
City:
Gustavo Perez, Senior Community Development Specialist,
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 476-2300
Chamber:
Lisa Cohen, CEO,
Chula Vista Chamber of Commerce
233 Fourth Avenue
Chula Vista, CA 91910
(619) 420-6602
14. Liquidated Damages Rate:
( ) $ per day.
(x) Other: None
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(x) Not Applicable. Not an FPPC Filer.
FPPC Filer
Category No.1. Investments and sources of
income.
Category No.2. Interests in real property.
Category No.
property and
regulatory,
department.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
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Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
Category No.5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
Category No.6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
Category No.7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
As approved in advance by the City and corresponding to the
terms of this Agreement. Sub-contractors may provide:
Mexican Insurance
Indoor ATM Machine
Pay Phone
Soft drink and snack vending machines
Any revenues derived from these contracts shall be include the
totals for Gross Sales.
If physical changes to the Center, Design Layout or grounds
are needed to accommodate these types of sub-contractors,
the Chamber must receive written approval in advance from
the City.
18 Bill Processing:
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A) Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
(x) Quarterly
Paid in advance.
For FY Second Quarter; beginning October 1, 2007:
$48,2.53.50
$48,253.50
Other:
B) Day of the Period for submission of Consultant's Billing
(x) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C) City's Account Number:
19 Security for Performance
) Performance Bond, $
( ) Letter of Credit, $
(x) Other Security:
Type: In lieu of providing a security deposit or bond, the
Chamber hereby agrees that compensation for it services provided
under this Agreement may be withheld in payment for, and in
proportion to, any repair or maintenance work required as a result
of Chamber's failure to maintain the Center in accordance with
Exhibit A, Paragraph 9, section C(13) .
Amount: $
Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
Retention Percentage: %
Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
Other:
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