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HomeMy WebLinkAboutAgenda Statement 1988/01/19 Item 5COUNCIL AGENDA STATEMENT • Item 5 Meeting Date - 9-$8 ~ rovin an a reement with ITEM TITLE : Resolution,~~~, apP g g Charles Costa Enterprises for operation of the Visitor Information Center SUBMITTED BY: Deputy City Manager REVIEWED BY: City Manager~(4/5th Vote: Yes No X ) The Bayfront/E Street Visitor Information Center has been operated by Charles Costa Enterprises since July 30, 1987. The current agreement, which expires January 30, 1988, was for a six-month trial period. The short term of-.the expiring agreement was intended to permit both the City and Mr. Costa to evaluate the feasibility, desirability, and appropriate provisions in a potential longer-term contract. Staff and Mr. Costa have concluded that the results of the trial period were satisfactory and we have negotiated a new three-year agreement for Council's consideration. RECOMMENDATION: That Council adopt the resolution approving a three-year agreement with Charles Costa Enterprises for operation • of the Visitor Information Center. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION At its meeting of June 17, 1987, the Council considered three proposals for the on-going operation of the Visitor Information Center, including a proposal from City staff. After expressing some reservations about the potential commercialization of the Center, Council directed staff to attempt to negotiate a six-month contract with Charles Costa that would permit the operation to beroved by the Council months. The resulting contract was app on July 14, 1987 and commenced on July 30, 1987. During the six--month period in which Mr. Costa has operated the Center, staff has monitored the operation in terms of appearance, visitor promotion and public service. Based on this review, staff has concluded that Mr. Costa's operation provides a satisfactory balance of appearance/visitor promotion/public service with low cost (and potential revenue in the proposed contract) to the City and County. Although staff continues to have some concerns about the appearance and level of commercialization in the Center, both the existing and the proposed new agreements do provide • limits on the layout and the commercial activities. In .~ • Page 2, item 5 • Meeting Date 1-19-88 terms of visitor promotion and public service, staff has • found Mr. Costa's operation to be satisfactory, as described below. To date, staff has not received any complaints concerning Mr. Costa's operation. Staff has also sent persons posing as out-of-towners into the Center to evaluate the adequacy of information provided, cleanliness of restrooms, politeness of Center staff, etc. In each of these tests, the persons sent to the Center reported that the service was good or excellent and that all other aspects of the operation they were asked to evaluate were acceptable. During the six-month period of the existing contract, Mr. Costa has operated the Center at a slight loss without even considering the value of his own time. His highest monthly gross sales amount during this period has been $5,500. He has recently increased his retail stock, licensed his staff to sell Mexican insurance, and started a hotel/motel referral service. In addition, the new contract would allow him to operate a portable hotdog stand in the exterior vending machine area (see item 11 below). Mr. Costa anticipates that these steps will make the operation financially viable. The provisions in the proposed new contract closely resemble the current expiring agreement. The major differences • involve rental payments to the City/County when gross sales exceed $8,500/month (see item 2 below), a reduction in City/County maintenance costs (see items 3 and 12 below), and the addition of some allowable commercial activities (see item 11 below). The terms of the contract are summarized below. 1. Term. The term of the agreement is for three years beginning on January 31, 1988. 2. Rent. Monthly rent will be assessed as follows: a. No rental payment when monthly gross sales total $8,500 or less. b. Ten percent of monthly gross sales in excess of $8,500 up to $11,500. c. Fifteen percent of monthly gross sales in excess of $11,500. (The expiring agreement did not require any rental payments.) 3. The operator shall be responsible for all interior improvements and maintenance (In the previous • contract, the City/County was responsible for up Page 3, item 5 Meeting Date 1-19-88 to $1,000 in janitorial and restroom supplies per 6 months.) The City/County are responsible for • exterior maintenance. 4. The operator is required to submit a statement of gross sales each month, and the City has the right to audit such statements. 5. The hours of operation will be at least from 8:00 a.m. to 6:00 p.m. on weekdays, and from 9:00 a.m to 6:00 p.m. on weekends and major holidays. The Visitor Information Center may be closed on Thanksgiving, Christmas and New Year's Day. 6. The attached agreement includes guidelines the .operator must follow in terms of the level of staffing, capabilities of the Center staff and the type of public information to be dispensed. In addition, the contract emphasizes the importance of the image portrayed by the operator to persons visiting Chula Vista. 7. The operator shall maintain $1 million liability insurance consistent with guidelines established by the City Attorney's Office and the City's Risk Manager. 8. Termination. The City may terminate this • agreement at any time and for any reason by giving the operator 60 days written notice. The City may also terminate the agreement for cause by giving the operator seven days written notice. In addition, the City may terminate the agreement on 24 hours notice if the operator fails to maintain the minimum operating hours established by the contract. 9. The operator is prohibited from erecting or creating any signs on the premises which are visible from the outside without the City's approval. 10. The operator must maintain a fully stocked brochure rack for use by the public. 11 The level of commercial activities will stay as . it currently is with the following exception: A portable hotdog stand may be placed in the exterior vending machine area. This stand would include an ice cream container, a refrigerator, a refrigerator freezer, a bread rack and the hotdog container. Items to be • sold include hotdogs, nachos, chips, cookies, Page 4, item 5 Meeting Date 1-19-88 ice cream and cold drinks. This stand must • be staffed at all times when the Visitor Information Center is open, and it will not impede pedestrian traffic through the Center area. 12. The City is no longer responsible for reimbursing the operator for costs associated with janitorial and restroom supplies. However, the City will cover all water utilities costs, which are estimated to be approximately $600 per year. The operator is required to pay the electricity costs for operation of the Center. FISCAL IMPACT: Adequate funds are available in the Bayfront Trolley Station budget to cover the limited ongoing costs associated with this contract. Other than exterior maintenance, the only City/County cost required by this contract is the estimated $600 per year for water. • • Depending on the gross sales generated by the Center, the City and County could receive revenue from the operation of the Center. Although the Center has not generated more than $5,500 per month in gross sales thus far, the Operator anticipates substantial increases in sales in the future. The City/County will receive 10~ of any gross monthly sales in excess of $8,500 and 15% of any amount above $11,500. For example, $16,167 in gross sales in a month would result in a $1,000 rental payment to the City/County for the month. MC:hr C:\MARK\VIC\RENEWAL ~~the City Council of Chula Vista, Calif/ornla Dated ~O