The URL can be used to link to this page

Home My WebLink About2010/08/17 Item 8 CITY COUNCIL AGENDA STATEMENT ~\'f:. CITYOF ,~ (HULA VISTA AUGUST 17,2010 Item ~ ITEM TITLE: PRESENTATION BY THE CHULA VISTA CHAMBER OF COMMERCE OF A REPORT ON THE OPERATIONS FOR THE FIRST YEAR OF THE CHULA VISTA TOURISM MARKETING DISTRICT REVIEWED BY: ASSISTANT CITY SER VICES DIRECTOR CITY MANAGER? 4/STHS VOTE: YES D NO [X I MANAGEIJIi; DEVELOPMENT SUBMITTED BY: SUMMARY On July 14, 2009, the City Council adopted a resolution that was the final step in establishing the Chula Vista Tourism Marketing District (CVTMD), The CVTMD is required to prepare and submit an annual rcport to the City CounciL The Chula Vista Chamber of Commerce, acting as the owner's association for the CVTMD will deliver the report and presentation, ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that thc activity is not a "Project" as defined under Section 15378 of thc 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 Council consider the report and take action it deems appropriate, 8-1 Meeting Date 8/17/10, Iteml Page 2 BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION On July 14, 2009, the City Council adopted a resolution that was the final step in establishing the Chula Vista Tourism Marketing District (CVTMD). According to the California Property and Business Improvement District Law of 1994 (as amended January ], 2009), Streets and Highways Code Sections 36650 and 3665], Business Improvement District (BID) Owners' Associations are required to prepare and submit an annual report to the City Council for each year following the first fiscal year of operation of a BID. The Chula Vista Chamber of Commerce, acting as the owners' association for the CVTMD, has created an annual report and tonight will deliver the report, which includes presentation material as part of the required report, to the City Council. According to Section 36650 (6) (c) of the law cited above, the City Council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. If the City Council chooscs to modifY the improvements and/or activities funded with the revenue derived from the levy of the existing assessments, it may do so by adopting a resolution determining to make the modifications and holding a public hearing on the proposed changes. If the modification includes the levy of new or increased assessments, the City Council is required to follow procedures similar to those used to initially establish the CVTMD, including written notices to all affected business owners and the opportunity for affected business owners to submit written protests. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action CURRENT YEAR FISCAL IMP ACT There will be no fiscal impact to the City's General Fund as a result of this action. ONGOING FISCAL IMPACT There will be no fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS Chula Vista Tourism and Marketing District Report Prepared by: Denny Stone. Economic Development Officer. Development Services 8-2 Chula Vista Tourism Marketing District Annual Budget, Year One 'SALES and J'vIARKETING ," , ,~~ 'S,ales a~1d Marketing prC!gram.s and' act~y{ties \~ill be desigDed,t.oatt~ac!_ :' 9v~rnig~tgrq.uP? The.<;;e ?-ctivi~i~sri1ay include:' . Lead..\Jeneration' . Trade Shows- . Sales Blitzes Farn i 1 iariz,ation- Tour.~ Adve.rtisii1~" ,Cl?l1ater~r ". .' . Marke'ting Programs .. ;L?ca.l.~rol?erty Vi,sits .:' .", Director of. Sales: Meetings '. General t'vlal)agerMeetings ". " ." P~ofessional r.ndustry Cbnferen.c:es,! A_ffiliatiOt~,:tyents S~qffi'ng.C9sts ' '$300000 , , , -,;. ","" ., .,," :C6Nl1'vlUNICATroN~; and'PQBUe,; RELATIONS,. u ,- '<=omnlu~ic3t.i(iilS al,lcf' Pulilic-,Relations- ac~ivit~es and~ s_erVIc~s, ~li b\llld ireater."i#arenes~ o.fthe ql~hLYista bl;ls~ne~ses ~~d:We Chult.i-.v!sta:~~gipn .as--a- tourism" meeting, ,and~ event destination: -: These- acttvi ti~s :m- ay- i ndi.rd~: _': I'" ".' .,'" '" -, -.:: ::. ", ,'-' "',,' "'.. ,. '~:pubn~; p:lTnm~njty and:~ed~<;1 R~lati9~s', . , " ';;';1' , -,' I F.ami Iiarizations-Tours ..' "1" . ... .': ..CVB'~ve~~s.. ..::' _ ,:" ~ .:. . >.Me~~ership' ~oqc~.tation/ Maint,en~nce: :, Local: Trad6'-Shows and Events: .>: CVB..\Veb-Site.and:Electronic Newsletter CYBNewsletter Speaking'Engagem~!1ts Visitor rllfol1llationl Ser:vici.ll$:. Staffing Costs._ $390,()OO . ADMl]\JISTRATIVE/OPERATIONS Office:Adm i llistrative/Operation al Expenses. Legal! Accounting. Staffing Costs $17,500 Contingency I TMDRenewal' (5%) This'prudent.fiscal :reserve is to-buffer the-organizatiol1':for any unexpected revenue' changes aod/orallow.the.District:.to fund TMD: modification andJor,renewal costs~ I Total Tourism District Budget $32,500 $650,000 Chula Vista Tourism Marketing District ManageQ."ft District Plan Page 8 Chula Vista Tourism Ma,"keting District Year One Actual July 15, 2009 -July 2010 SALES and MARKETING $rrles and MarJ.;eting programs and aCtivities.will pe designed"to ?ttract ove~~ght groups. Tjlese"activjties !Day include: ' Le<l~ q~nenition Trade Shows Sales Blitzes Familiarization Tours Advertising . Collateral Marketing Program"s; Local: P.roperty- VIsits Director qf Sales Meetings General Manager M~etings Ptofessional-rndustryConfercn~~? (Affiliation Events Staffing_Ct?~ts $146,421.44 COMMUNlCATIONSand PUBLIC. RELATIONS Comrrq.micati6ns. ~nd Public:R~I~tions~ activitit:s. and: services' will build : greater awarep~ss 'of the Chula' Vista busi~lesses and the Chula Vista- regton as:a. tourism,.me~png; arid ev~ntd~s~inatiof!. T.Ilese' ac~ivities may i:i1cliige; Pub lie" C)mmunity, and ',Medi~, Re!~tions Familiarizations, Tours eVB Events .~embershipSoliCitation / Maintenance, LocalTrade Shows and' Events eVB Web Siteand-Electronic Newsletter eVB-Newsletter- Speaking Engagements V~sitor Information I ~ervicing. St~ffii1g Costs $162,162.88 ADMINISTRATIVE/OPERATIONS Office Administrative/Operati anal ,Expenses Legal/Accounting Stafting:Costs $4,075.88 Contingency / TJ'vlD:Renewal. (5%) This'prudentfiscal reserve: is to buffer the organization for any unexpected revenue changes and/or.allow the'Districtto fundTMD modification and/or-.renewai costs: $2,782.59 Total Tourism Distri.ct Budget $315,442.79 8-4 I I L 11:08 AM 08/12/10 Accrual Basis -~ --- -----. -- -- --~+ - - - ------------ - --- Type Date 100 Tourism Marketing District 101 TMD Susidy \ Deposit 10/9/2009 Deposit 10/15/2009 Deposit 10/15/2009 Deposit 11/20/2009 Deposit . 12/17/2009 Deposit 1/15/2010 Deposit 1/25/2010 Deposit 2/1112010 Deposit 3/10/2010 Deposit 4/13/2010 Deposit 5/13/2010 Deposit 5/13/2010 Deposit 6/15/2010 Deposit 6/15/2010 Deposit 7/15/2010 Tolal101 TMD Susidy Total 100 Tourism Marketing District TOTAL --------- .._-- ----- ---- ----- ------ ----- --- -.---.-- -- 'Chula Vista Tourism Marketing District Transaction Detail By Account July 2009 through July 2010 Num 439938 440269 440269 441191 441962 442584 442866 443378 444293 444960 446016 446016 446928 446328 447893 Name City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of Chura Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of ChuJa Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista City Of Chula Vista Memo Tourism Marl.\.. Tourism Mark.. Tourism mark.. Tourism Mark.. Tourism Mark.. Tourism Mark.. Tour"sm Mark.. Tourism Mark.. Tourism Mark... Tourism Mark... Tourism Mark... Tourism Mark.. Tourism Mark.. Tourism Mark.. Tourism Mark.. Clr Split T.MD Acc# 11.. T.M.D Ace#- 11.. T.M.D Ace#- 11.. T,M.D Acc# 11" T.M.D Acc# 11 TM.D Acc# 11.. T.M.D Acc# 11.. T.M.D Acc# 11.. T,M.D Acc# 11 T.M.D Acc# 11.. T,MD Acc# 1L TM.D Acc# 11_. T.M.D Acc# 11.. T.MD Acc# 1 L T,M.D Acc# 11,. Amount 2,839.64 6,679.90 33,916.73 29,541.86 27,892,19 12,514.53 11,768.92 24,762.62 27,124.50 26,155.09 5,203,90 36,381.28 33,863,50 495.00 36,303,13 -.-.--- -- ------.-- 315,442.79 315,442.79 315,442,79 Balance 2,839.64 9,519,54 43,436.27 '72,978.13 100,870.32 113,384.85 125,153.77 149,916.39 177,040.89 203,195.98 208,399.88 244,78116 278,644,66 279,139,66 315,442.79 315,442.7lJ 315,442.79 lJ) I OJ 315,442.79 Page 1 Chula Vista Tourism Marketing District Annual Budget, Year Two SalesEmd Marketing programs and activities vviII be designed to attract overnight groups. These: activities may include: Lead <;.Jeneration Trade"Shows Sales Blitzes . Familiarization Tours' A?vcrtising Collateral .rvlark~ting Programs LocaL Property Visits Djieqor of Sal~s Meetings GeI1eral Mamiger,Me~tings Professional Industry Conferences I Affiliation Events. Staffing Costs . COiVIMUNICA TIONS and PUBLIC RELATIONS Cornrnunication~, arid; PublicReJa~iCll!s: a.;:tivities and: 'services,. will'- buPd" greater"awarenessoftheChuhrVista businesse~ and the ChulaVista'region ~ :a:tourism, m~eting; ~d:event destination.,. These~~tiviti~~ qiay i;iclude: . Public, CO~llnity and"MediaRelations . Familiarizations, Tours. .; GVH.Events ,,,_' M embershipSoJ icitation' iMaintenance, LocaL Trade Shows and.Eve.nts ,. CVR'Web"Siteand'ElectroniCNew~retter CVRNewsletter, Sp~aking Engagements Visitor,Information I ~ervicing ... Staffing. Costs . ADMINISTRATIVE/OPERATIONS o ffice- Administrative/Operational. Expenses .' Legal! Accounting Staffing Costs Contingency / TMD Renewal (5%) This prudent'fiscaheserveis to buffer, the, organization for any. unexpected revenue changes and/or allow the'District to fund TMD modification and/or.-renewal costs. Total Tourism District Bud<ret 8-6 $215,160.92 $1,000.00 $2,005.69 $390,406.25 __.~..!l""!!' ( -'.. ':::-:':...:;. -." ; . !.! ,( ! :.. ~'~; OFFICE OFTHE CITY MANAGER July 15,2010 Lisa Cohen, CEO Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 Dear Ms. c~1 dft I received your letter dated July 1,2010 requesting a one-year extension to the contract for promotional and informational services between the Chula Vista Chamber of Commerce and the City ofChula Vista. As pemlitted by Section 8(E) of Attachment A to said contract, I hereby approve the first one-year extension of the contract. This extension shall be valid from July I, 2010 through June 30, 2011. i I If you should have any questions about the above information, please contact Craig Ruiz at (619) 691-5248. 8-7 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5031. FAX (619) 409-5884 ~ - .- July 1, 2010 Jim Sandoval City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Jim Sandoval, We are requesting a one year extension to our Contract with the City ofChula Vista for the operation of the Chula Vista Information Center. Last Contract dated July 1, 2009 (Page 28- Attachment A, Section 8B of the contract). The Chula Vista Chamber of Commerce looks forward to continuing our partnership in promoting the City of Chu1a Vista as a Destination City. Our Chula Vista Chamber of Commerce will also present to our Mayor and Council our Tourism and Marketing District's annual report, at the City's August 17, 2010 Council meeting. If you have any questions, Please contact me as soon as possible. Sincerely, ~~~ C9-\----.. Lisa Cohen CEO Chula Vista Chamber of Commerce 233 4th Avenue Chula Vista, CA 91910 Work# (619) 420-6603 Fax# (619) 420-1269 Mobile# (619) 341-4313 lisar(V,chulavistacham ber. org 8-8 .233 Fourth Avenue i Chula Vista, CA9t910 619.420.6603 . I I I I fax 619.420.1269 ',wwwichulavistachamber.org: July I, 2010 Jim Sandoval City Manager City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Jim Sandoval, We are requesting a one year extension to our Agreement Contract with t.l-te City ofChula Vista to partially fund the City ofChula Vista's Senior Graphic Designer Kim Schanz. This agreement was effective August 6, 2009 and per Agreement section B. Term 1. Option to Extend. We are happy to continue this beneficial partnership with the City ofChula Vista during these challenging economic times. We are very pleased with the professionalism, creativity and execution of marketing material that Kim Schanz has delivered. We believe Kim Schanz is a true asset for the City ofChula Vista. The Chula Vista Chamber of Commerce looks forward to continuing our Partnership in promoting the City of Chula Vista as a Destination City. Our Chula Vista Chamber of Commerce will also present our Tourism Marketing District's annual report to the Chula Vista Mayor and Council, on August 17, 2010 Council meeting. If you should have any questions, please contact me as soon as possible. Sincerely, , ~Lco~~ Lisa Cohen CEO Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 Work# (619) 420-6603 Fax# (619) 420-1269 Mobile# (619) 341-4313 Ii sarW.chu\avistac hamber .org 8-9 1.11 Vnmth Avt".mlf'. I r:hllb Vist:t. CA 91910 i 619.420.6603 fax 619.420.1269 i www.chulavistachambcr.on!\ AGREEMENT BETVlEEN THE CHULA VISTA CHAMBER OF COMwlERBE AND THE CITY. 01' CHULA VISTA TO PARTIALL Y I'UND THE CiTY OF CHULA VISTA'S SENIOR GRAPHIC DESIGNER This agreemenl CAgTeement"), dated Augusl6, 2009 for the purpose ofrclercnce only and effective as of the dated signcd by the last parly hcreto, is made by and between t]le ChuJa Vista Glialhber ofCCiffijneice ("Chamber") and lhe Cily ofChuJa Vista CCity"). Individually, the City ar.d Chamber may be referred to herein as "Party" and collectively as ;~Parties.l~ RECITALS Whereas, the City of Chula Vista (';CIly") had an Office of Communications CDepartment") that providcd; as one afits functions, graphic design services, including the development of brochures, newsletters, maps, a guide for the Chula Vista Chiimbei of Comnierce, and other graphic design products that promoted the City of Chuta Vista as an entertainment/convention/business destination and programs that provided economic and marketing henellts to the City ("Products"); and Whereas, many of these Products generated by the Department, in addition to beneliting the City, have an indirect benefit of assisting the Chamber in furthering the goab of its mission statement; and Whereas, in an effort to reduce City expenditures, the City has determined that it is no longer cost effective to maintain the Department; and Whereas, in light of the vested interest the Chamber has in the Department's continoed production of the Products, the loss to the Chamber of the benefits received from the Products, and the costs of outsourcing similar graphic design work, the Clmmber has offered to partially fund the services of Senior Graphic Designer, Kim Schanz; and Whereas, as the City and the Chamber will both benefit from the continued services of Kim Schanz as the Senior Graphic Designer, they desire to enter into this Agrecment detailing the terms and conditions under which the Chamber will partially fund the Senior Graphic Designer position and Ihe City will continue to produce Products as described herein. [End of Recitals] 8-10 NOW THEREFORE, in consideration ofthe mutual promises sel forth herein the Partles agree as follows: AGREEMENT A. Scope of Work: 1. General Duties: City wiJl perform all of the services described on the attached [oxhibit A, emilled "General Duties." 2. Standard of Care: The City shaJJ perform the General Duties in accordance with the standard of care ordinarily exercised by similar professionals currently practicing under similar conditions within the County of San Diego. 3. Personnel: The compensation received li'om the Chamber shall be used to fund the positiou of the City's Senior Graphic Designer, Kim Schanz. B. Term: The term of this Agreement shall be for a period of Olle (1) year from the datc of execution of this Agreement [Original Term]. 1, OPtion to Extend: The Chamber shall have an option to extend this Agreement for no more lhan four (4) additional one (1) year terms [Optional Terms). a. No Chal1ge ill Terllls and Conditions: Except IDr the amount of compensation, the tenns and conditions applicable to any Optional Term shall be the same as those terms and conditions of this Agreement. I. Compensation tDr Optional Terms: The compensation for Optional Terms shall be in the amounts and according to the Schedule in Exhibit B, attached. b. Exercise ufOpiioN.'" No less than thirty (30) days prior to the expiration of the term of this Agreement or the extended term ofthis Agreement, the Chamber, through a written document signed by an authorized representative of the Chamber and delivered to the Cily in the manner idemiJicd in Section F of this Agreement, may exercise an option to extend. C. Compcnsatinn: The Chula Vista Chamber of Commerce shall commit to fund Graphic Design services, speeiJically the City's Senior Graphic Designer Kim Schanz. for a tixed fee 01'$50,000 per year. I. ImlaJlmen! Pa"ments: For the performance of tile Scope of Work, Chamber shajJ make five installment payments per fiscal year for the life of this agreement in amounts and at limes according to the Schedule of Compensation, attached as Exhibit B. 8-11 a. Non ReJill1duble: Except as specitied below, in Section (i), no omount or portion of lhe payments made under this Agreement, whether for the Original Tcrm or for Optional Tenns, shall be refundable. i. Pro Rata Retimd: If Kim Schanz leaves the employ of the City, the Chamber shall be entitled to receive u pro rata refund of the compensation paid to the City based on the propoIiion of the montbs remoining to the total number of months in the then current term, and the Agreement will be terminated. D. Obligation to Review and Approve: Chamber shall have the obligation to review any work produced by the City under this agreement and request changes of any errors, content, or form 10 which the Chamber objects. I. No Liabilitv: City shall have no liability for any errors, omissions, content, form, or any other aspect of the fin,,' work provided to Chamber regardless ofeanse a!'t"r the work has been reviewed and approved by the Chamber. E. Indemnification: ]. Defend, IndemnifY and Hold Harmless: Chamber shall defend, indemnifY, protect and hold harmless the City, its elected and appolnted officers and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, or negligence, of City, its omeials, omeers, employees, and agents, arising out of or in connection with the performance oflhe Detined Services or this Agreement. 2. Costs of Defense and Award: Included in the obligations in Sections 1, above, is the Chamber's obligation to defend, at Chamber's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Cit)', its directors, ot1icials, omcers, employees, agents and/or volunteers. Chamber shall pa)' and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, oftieers, employees, agems and/or volunteers, for any and all legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds: Chamber's obligation to indemnify shall n01 be restricted to ill~UnmCc. proceeds, jf any, received by the City, its directors, officials, officcrs~ employees, agents, and/or volunteers. 5. Declarations: Chamber's obligations under Section E shall not be limited by any prior or subsequent declaration by the Chamber. 8-12 6. Enforcement Costs: Chamber agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Section E. 7. Survival: Chamber's obligations under Section E shall survive the termination of this Agreement. F. Notices: Wtiting: Any demand upon or notice required or permitted 10 be given by one Party 10 the other Party shall be in writing. a. Efleclive Dale: Except as otherwise provided by law, any dcmand upon or notice required or permitted to be given by one Party to the other Party shall be effeclive: (i) on personal delivelY, (ii) on the second business day aftcr mailing by cel1ified or registered U.S. Mail, return reccipt requested, (iii) on the succeeding business day alier mailing by Express Mail or aner deposit with a private delivery service of general use (e.g., Federal Express) poslage or fee prepaid as appropriate, or (iv) upon successful transmission of facsimile. 2. Recioients: All demands or notices required or permitted to be given shall be sent to all of the following: a. Cily: James D. Sandoval, City Manager City of Chub Vista 276 Fourth A venue Chula Vista, CA 91910 b. Chamber: Lisa Cohen, CEO Chula Vista Chamber of Commerce 233 Fourth A venue Chula Vista, CA 91910 3.Chanuc of Address: Notice of change of address shall be given in the manner set forth in this Article. G. Miscellaneous: J. Incorporation of Rccitals: All recilals herein are incorporated into this Agreement and are made a part hereof. 2. Exhibits: Each al'the following Exhibits is attached hereto and incorporated herein by this reference: Exhibit ;\ General DUlies 8-13 E"hibitB Schedule of Compensation 3. Gender. Number: Whenever the context requires, the use herein of (i) the ncuter gender includes the masculine and the feminine genders and (ii) Ihe singular number includes the plural number. 4. Caotions: Captions in this Agrcement are inserted for convenience ofrclerence only and do not affect the construction or interpretation of this Agreement. 5. AssiJ,(nabilirv: The services of the City arc wlique and personal to the Chamber, and City shaIl not assign to any outside agency, individual, linn, or other entily, any interest in this Agreement, and shall not lransfer any interesl in the same (whether by assignment or notatioll). without prior wr!ttell consent o I' Chamber. 6. Amendment: No amendment, moditIcation, supplement, termination or waiver of any provision of this Agreement shall be effective unless executed in writing by both Parties alld approved by City Council, if required by law or by this Agreement. If such amendment) modification) supplement) termination or waiver is not required to be approved b)' City Council, the City Manager may provide approval. 7. Ownership, Publication. Reproduction and Use of Material: All graphic design works produced under this Agreement shall be thc joint property of the City and the Chamber. City and Chamber shall have unrestricted authority to publish, disclose (except as may be limited by the provisions oflhe Public Records Act), distribute, and otherwise use, copyright or patent, in whole or ill part, any sllch works produced under this Agreement. With respect to City trademarks, ofticial seals, or other representations thallhe products are endorsed or distributed as City documents, the Chamber shall not use the foregoing without the express written permission of the City. 8. Independent Contractor: Chamber is interested only in the results obtained and City shall perform as an independent contractor and independent entity with sole control of1he manner and means of performing the Scope of Work required lmder this Agreement. Chamber maintains lhe right only to reject or accept City's work products. City and any of the City's Officials, agents, employees or representatives are, for all purposes under this Agreement, independent contractors alld shaH not be deemed to be employees of Chamber, and none of them shaH be entitled to any benefits to which Cbamber employees are entitled including but notlimiled to~ overtime, retirement l)C;:nelits~ \vorkcr's compensation benefits, injury leave or other leave benefits_ Therefore, Chamber will not withhold slate or federal ineome tax, social security tax or any other payroll tax, and City shall be solely responsible for the payment of same and shall holu the Chamber harmless with regard thereto. 8-14 9. Actions on Behalf of City: Except as City may specify in writing, Chamber shall have no authorit)', express or implied, to act on behalf ofCit)' in an)' capacit)' what::;oever, as an agent or otherwise. Chamber shall have no authority~ express or implied, to bind City or its members, agents, or emplo)'ees, to any obligation whatsoever, unless expressly provided in this Agreement. 10. Actions on Behalf of Chamber: Except as Chamber may specity in writing, City shall have no authorit)', express or implied, to act on behalfoCChamber in any eapeeit)' whatsoever, as an agent or othetwise. City shall have no authorit)', express or implied, to bind Chamber or its members, agents, or emplo)'ees, to an)' obligation whatsoever, unless expressl)' prnvided in this Agreement. 11. No Oblh;ations to Third Parties: In connection with the work to he perfol111ed under this Agreement, the Chamber agrees that the City, its officials, officers, emplo)'ees, and agents shall not be responsible for any obligations or liabilities to any third part)' or other person or entit)' that is not a party to this Agreement. 12. Administrative Claims RCQuirements and Procedures: No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has Ilrst been presented in writing and filed with the City and acted upon by the Cit)' in accordance with the procedures set forth in Chapter 1.34 ofthc Chula Vista Municipal Code, as same may from lime to time be amended, the provisions of which are ineorporatcd by this reterence as iffully 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 tilith with City for the purpose of resolving any dispute over the terms of this Agreement. 13. Attorney's Fees: Should a dispute arising out ofthis 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.fccs and court costs incurred. The "prevailing part)''' shall be deemed to be the party who is awarded suhstantially the relief sought. 14. Governing LawNenue: This Agreement shall be governed b)' and construed in accordance with thc laws of the State of Calitornia. Any action arising under or relating to this Agreement shall be brought only in the rederal or state coul1S located in San Diego County, State of California, and if applicable, the Cit)' of Chub Vista, or as close thereto as possible. Venue lor this Agreement, and pertormancc hcreunder, shall be the Cit)' of Chula Vista. 15. Administration of Contract: Each party designates (he indivtduals CContract Administratorsl!) indicated on Exhibit B, as said party1s contract administrator who is authorized by said party to represent them in the routine mlministration of this agreement. 8-15 16, 1 ntegratLon: This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the pm'ties relaling to the subject matter hereof. Neither this Agreemcnt nor any provision hereof may he amended, modified, waived or discharged except by an instrument in writing executed by the party against which enlorcement of such am~lldment, waiver or discharge is sought. 17, CaDacity or Parties: Each signatory and party herelo hereby warrants and represents to the othcl' party that it has legal authority and capacity and direction from its principal to enter Lnto this Agreement, and that all resolutions or other actions have been taken $0 as to enable it to enter into this Agrcernent. (End of Page. Signature Page Follows.] , I , ., 8-16 Sillllo(urc Pn2C to Agreement between the Chula Vista Chamber of Commerce and the City of Chula Vista to Partially Fund the City of Chula Vista's Senior Graphic Designer IN WITNESS WHEREOF, Chamber and City have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA Dated: 9( 30 /d 'I CHULA VISTA CHAMBER OF COMMERCE Dated: ~~<;t l", ~ c>,q "--o~ Cfu-\-.-- Lisa Cohen, CEO 8-17 EXHIBIT A Gcnorol Duties: By partncring with the City ofChula Vista's Senior Graphic Designer, Kim Schall7-, the Chulu Vista Chamber of Commerce will havc an opportunity to increase the organi7~1tion's visibility and marketing etIorts. Projects shnl! be bencticial to both parties, as well as the business and residential community. The scope of work could include, but is not limited to, the foliowinf\: . Update design of Ch2mber and Con Vis logos . Create new identity for Shop/Dine/!nvcsUStay Campaign . Design of Shop/Dine/lnvcsUSlay broehurce and relatcd collateral . Redesif\n of Chamber membership packet and its contents Redesign 01' Chamber stationery package . Redesign of Chamber brochures; create onlinc. versions lor wehsite Create templates lor monthly newsletter/mailed business packet eonlents Design cover for City maps and the Chamber membership guide Design ads for publications Promote the Clean Business Program with Cily Create new graphics and image for Chamber and Con Vis wcbsites . Assist with flash animated ad banners for Chamber and Call Vis websites Assist with discovering new ways to market the Chamber Design outdoor banners and other signage and marketing materials Promotional materials for events and meetings Breaking News web consultation and design 8-18 EXHlBlT B Schedule of Compensation: The Chula Vista Chamber of Commerce commits to a nxed fee of$50,000 perfiscnl year for Graphic Design scrvices provided by the City's Senior Graphic Designer Kim Schanz within the parameters of this contracl. The work will be funded through the Chula Vista Tourism Marketing District. Upon the approval of the assessment on July 14,2009, the Chamber agrees to pay installments as follows: Year I: 550,000 il1 mOlllh~v inslal/mel1ls . First Installment: January 1,2010/ $10,000 . Second Installment: February 1,2010/ $10;000 . Third Installment: March 1,2010/ $1 0,000 . Fourth Installment: April I, 20 I 0/ $10,000 . Finh Installment: May I, 2010/ $1 0,000 Oplional Terms: $50,000 in mOl/lhly il/slallmenls 'First Installment: January I 1$10,000 'Second lnstallment: February I / $1 0,000 'Third lnslalhnent: March 1/$10,000 . Fourth Installment: April I / $ I 0,000 'Fiilh Installment: May I / $10,000 Installments can be pre-paid in lump-sum amounts. 8-19 r :;3. ..:Th-~ ~o, '3 8-17-"::><:::)\1() , ;" Chula Vista TBID Year One Annual Report July 15,2009- July 2010 Annual report from the 1994 Act. (a) The owners' association shall cause to be prepareu a report for each fiscal year. except the first year, for which assessments are to be levieu and collected to pay the costs of the improvements anu activities described in the report. The owners' association's tirst report shall be due after the tlrst year of operation of the district. The report may propose changes, including, but not limited to, the boundaries 01' the property amI business improvement district or any benefit zones within the district, the basis and method of levying the assessments. and any changes in the classilication of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and husiness improvement district by name, specify the tlscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. No Change. (2) The improvements and activities to be provided for that fiscai year. Sales and Marketing Lead Generation Trade Shows Familiarization Tours Advertising Collateral Marketing Programs Local Property Visits Director of Sales Meetings General Manager Meetings Communications and Public Relations Public, Community and Media Relations Familiarizations Tours CVB Events Membership Solicitation / Maintenance Local Trade Shows and Events CVB.Web Site Speaking' Engagements. Visitor Information./ Servicing' .. Staffing. Costs " ., (3) An estimate of the cost of providing tbe improvements and the activities for that fiscal year. See attached documents: 1) Chuta Vista Tourism Marketing District Annual Budget Year One. 2) Chula Vista Tourism Marketing District Year One Actual July 15,2009 - July 2010 (4) The method and basis of levying the assessment in sufficient detail to allow each real property or bllsiness owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business Cor that fiscal year. Annual assessment rates are 2.5'Yo of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstatc 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Parkway to thc east and the future extension of Hunte Parkway to the south. Bonds may be issucd in Zonc 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds witbin the Boundaries of the CVTMD shall not be assessed. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. $2,782.59 surplus will be carried over. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. None. (c) The city council may approve the report as tiled by tbe owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid Crom the revenues derived limn tbe levy of assessments. including any commitment to pay principal and interest on any bonds issued on behalf of the district. Respectfully submitted hy; Lisa Cohen, CEO Clmla. Vista Cham her of Commerce. ~C-~ ~,-,-.,.1- \~ ~\O o Ol Q) i5 c " ~ '0 ~ c ~ o U o Ol Q) i5 c " ~ '0 ~ c ~ o u ~& :::>.,~ ~" -< O~ ~ o Ol Q) i5 c " ~ '0 ~ o n =?~"" <~ " ChuJa Vista Tourism Marketing District Annual Budget, Year One SALES and MARKETING Sales and lVlarketing,progfam~, ~nd"actiyities will be designC;9,- ~o'att~act overnight grolJPS. These activities may. 'include: ' , Le3d Ge;ncration Trade Shows Sales Blitzes ,Familiarization Tours 'Advertising . Collateral i'vlar~eting ProgralJls . Loc::d Property Visits' Directorof S<:!-les Meetings . Gener~l:Mi:mag~dvfeetings . . ," P~ofessional industry ConferencesJ,"f\ffilimion. Events' St.affing _Costs $300,000 COMlYf\JNICATIONS:md PUBI,IC RELATIONS;., ..:'7 c omrTI~nica..tj9ns ::\md pu b lic~ R~latiQIls-,' 'activi~ie~';',a.ncE sery(s~s;:;""iilj' build; "",' werite,qlwareness: ofthe 'q1!liaVi#a buiihesses ~TI,(f:1~e;Chllla';Yi?t_~'T~giqn;:': , . ~s' a:;touriS111; rtleeting, and; event'destination.. Th~7~' ~ctiyities'lll,aY}~c111d~;:,/'~ ;;';.~:: Public; C~mmlmirvand Nledia;R~iations''',:: :'. " ,. ," 'Jl Familiarizations Tours. j:,. 00 CVBEvents, ~;, ,., Membership:So]i~.itation,l.)V1aintenarce . . LocalTrade Shows:andEvents' eVE'cWeb SiteandElectronicNewsletter CV8,Newsletter Speaking-Engagements Visitor InfonnationJ Servicing Staffing Costs, " $300;000 ;)'''''; "/'i ADIVITNISTRlHIVE/OPERATIONS $17,500, I I I Contingency'/ TIVIDoRenewal (5%) This -prudent tiscal.reserve is to'bufferthe.organizaliol1:for any unexpected rc\'cnue:changes and/or allow, the District.lo fundTMD' modification ~Tld/or.rene\Val.cost5. Office AdministrativeiOperatiqnal Expenses L~gall Accounting, StatfingCosts $~" - 00 0L,;) Totai Tourism District Budget S650;!)01) i Ciluia Visia Tourism Marketing ::listrict Managelnent District Plan Page a .. ChuJa Vista Tourism Marketing District Year One Actual July 15, 2009 - July 2010 SALES and J'vL-'\RKETING Sal~s afld f'vlarketing prowarqs and activities will be designed,to attract ovem}ght groups. r~eseactivi~ies may inc:Jude: . " Lead Generation Trade Shows Sales Blitzes Familiarization Tours Adve0-ising Collateral Marketing Programs 'Local Pro'pert~/ Visits Director of Sates ~vleetings-, General.Mana~er f'vleetings '- d .. _, ProfessionaUndus-qy Ci:mj:erenc~s lAffiliationf:vents StaJ:'fing.Cost~ $146,421.44 }, ,C8MMUNIdAirioNS,andPUBLIQRELATIQNS . .' ... .," ;;,'> Communications':- and: PublicReliltions. 'activities,and;services;,'wil1 ,build:' g~ea.tcr a~areness:o'f;tpe't~~I~Vista .15us!ri~s~'es a:~d:t'he; chui~';,Vist'a, r~gion' ps::a,: !9l,!ri~~~ meeting;, and 'ev,ent d~sttnatio~.:; These:cactivities, rnay::'ipc]uqe: , Public, Cl)~~unjty and:,Medj~l'Relatiijns ",".' . '.7';" ,,' ,'.'__~' Familiarizations-Tours . CVR,Events ". "', '. M~mbership;Solidtation'/};{aintenance;'. "'., LocaLTrade,Shows'and'E;yents, _,' eVB Web'Site,and,Electronic:Newslettcr CVRNewslener Speaking' Engagements, ,. Vi?itor,lnforrnation./ Servicing Staffing, Costs $162,162'.88: ':, . ADMINISTRATIVE/ORERATIONS Office Administrative/Operational J~xpellScs, Legal! Accounting Staffing:Costs $4,075.88 . Contingency / TMDRenewaI(5%) This.prudent fiscal reserve.is tobutfer.the organization'for-::my lmexpectedTevenue changesand/orallow:theDistncrto fund,TI'v[D modification and/or renewal costs. $2J82.59 Total Tourism. Distl;ict. Budget 0"1-; '4'" -n, "'~ ::l.~ .:.. / '7 11:08AM 08/12/10 Accrual Basis Chula Vista Tourism Marketing District Transaction Detail By Account July 2009 through July 2010 Type Date Num Name Memo Clr Split Amount Baiance __ ____ u_ ____~___. --~-_.__._------_._--- __n__.__.. - ---.---.- .. 100 Tourism Marketing District 101 TMD Susidy Deposit 10/9/2009 439938 City Of Chula Vista Tourism Mark.. T.M.D Acc# 11.. 2,839.64 2,829.64 Deposit 10/15/2009 440269 City Of Chufa Vista Tourism Mark... r.M.D Acc# 11.. 5,679.90 9,51954 Deposit 10/15/2009 440269 City Of Chula Vista Tourism mark... T.M.D Acc# 11.. 33,916.73 43,43627 Deposit 11/20/2009 441191 City Of Chula Vista Tourism Mark.. T.M.O Acc# 11.__ 29,541.86 72,97813 Deposit 12/17/2009 441962 City Of Chula Vista Tourism Mark.. T.M.D Accff 11.. 27,892.19 100,870.32 Deposit 1/15/2010 442584 City Of Chula Vista Tourism Mark.. T.M.D Acc# 11 12,514.53 113,38485 Deposit 1/25/2010 442866 City Of Chula Vista Tourism Mark.. T.MD Acc# 11 11,768.92 125.153.77 Deposit 2/11/2010 443378 City Of Chula Vista Tourism Mark.. T.M.DAcc# 11_. 24,76262 149.91639 Deposit 3/10/2010 444293 CHy Of Chuta Vista Tourism Mark... T.MD Acc# 11 27,124.50 177 ,040.89 Deposit 4/13/2010 444960 City Of Chula Vista Tourism Mark. T.M.D Acc# 11 26,15509 203,195.98 Deposit 5/13/2010 446016 City Of Chuta Vista Tourism Mark.. T.M 0 Acc# 11 5,20390 208,399.88 Deposit 5/13/2010 446016 City Of Chuta Vista Tourism Mark.. T.MD Aeeff 11 36,38126 244,781 16 Deposit 6/15/2010 446926 City Of Chula Vista Tourism Mark.. T_M.D Acc# 11 33,863.50 278,644.66 Deposit 6/15/2010 446328 City Of ChuJa Vista Tourism Mark... T.MD Aceff 1 L 495.00 279,139.66 Deposit 7/15/2010 447893 City Of Chula Vista Tourism Mark.. T.MD Acc# 11 36,30313 315,442.79 -----.....--.-. - Tolal1011MD Susidy 315,442.79 315,4427D Total 100 Tourism Marketing District 315,442.79 315,442.79 TOTAL 315,442.79 3 j 5,442.79 Page 1 Chub Vista Tourism Marketing District Annual Budget, Year Two 'S9:les. and rYtarketing programs andactivities:wjll be design,cd to g~ract nvem)ght groups. Thes~ a~tivitie? !D.?Y incJu<;il;;: . ~-- "'Ltad G~neratio!! Trade Shows Sales Blitzes f<lmiliarizmion Tours Advertising Collateral . Jv{':lrke~ing: PrC?grams: Local Property V\'sit~ 9irector of Sales Meetings General iv!~mag~rtv!eetings Professional'fn,dustry CqnferellcesIAffiliation Event~_ Staffing, Costs , ,'to $172,239.64 ..' . ". i . ,,-. .', '. -;,-- ...,.",...., . ,,- ....". -, .... "" .. . inld PUBLIC RELATIONS.' ,,;. j- ',.$215,160:92. ,.- -. ,.'",.. -,... , ~ommunications an"d- :puql icRelati ODS,' activities ;'. an4;::servk~s" ,wP] blIild' ','-;weat~r awareness; qf the'<::hu la:Vista.bJsinesses' <lil<!" th~: C~ula-:V"i~i~ :regi?ll, , 'as':l tourism; meeting; and'eventdestination;' These;'8divities- may include::' _' ::::~' . , -, -- -- - --- -- , -, -- - -, ..: __ __ ,,' -, - ":.i" . ,- --- -:, ,_ - "" ': - ,,;" '"-- ~- :-., " " ., < - -, "" - ,-- - - -'" - -" . , ~.'^. Public; Comrtt':l:.nity-and-iyle'dia'Relati6ns" ,..''''" ~'".'" . ; ',__ " Familiarizations Tours." ; ; -,;,'",' ., ..CVBEvents....." ' Mernb~r~hip, So licitatioml:rvlaintenance: ,." ~LocaJ Ttade.5hows-andEvents : CVRWeb SiteandfElectronic:Newsletter eVB'Newsletter Speaking Engagements Visitor:lnformation:! Servicing: Staffing- Costs " , ADlVlINISTRATIVE/OPERATIONS. $1,000.00 Office' A dministrative/Operational_- Expenses Legal/Accounting Statfing,Costs .' Contingency! TlVID'Renewal (5%), This: prudent flscaJ reserve: isro,buffer:the.organizationAor..any unexpected revenue.changes and/or allow,the Distnct to fund.TMD- modification and/or renewal costs. $2;005.69 Total, Tourism District Budget. S390;41162SI