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HomeMy WebLinkAboutMINUTES - 09191995 - C33 TO: -BOARD OF SUPERVISORS , Contra r; FROM: Phil Batchelor, County Administrator - I►` '' Costa alb s _ �r September 19; .1995 DATE: ��: .•cr County rq COUit'� SUBJECT: CONTRA COSTA CONVENTION AND VISITORS BUREAU CONTRACT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to sign a contract with the Contra Costa Convention and Visitors Bureau for $55,590, for services during fiscal year 1995-1996. BACKGROUND: Over the last ten years,the County has contracted with the Contra Costa Convention and Visitors Bureau to promote the use of hotel and convention facilities located in the unincorporated area of the County. The contract for 1995-1996 is $7,521 less than in 1994-1995. Staff recommends approval of the contract as the Bureau does generate additional transient occupancy tax and sales tax revenue for the County General Fund. CONTINUED ON ATTACHMENT: YES SIGNATURE: � ( RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Of)CI Contact: PHIL BAT HELOR,CLERK OF THE B ARD OF CC: County AdministratorPHIL AND COUNTY ADMINISTRATOR BY DEPUTY AGREEMENT THIS AGREEMENT, made and entered into on this 12 day of September 1995, by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter"COUNTY"),and the CONTRA COSTA CONVENTION AND VISITORS BUREAU, a private,non-profit corporation,dba the CONCORD CONVENTION AND VISITORS BUREAU (hereinafter"BUREAU"). WHEREAS,pursuant to the provisions of Section 26100(b)of the Government Code of the State of California, COUNTY may expend certain monies accruing to the General Fund for the purpose of making known the resources of the county. WHEREAS,the BUREAU has special knowledge and experience, together with available facilities and personnel, for the maintenance of an office to serve as a public information and convention bureau for the advertising and promotion of the resources of the COUNTY and the people thereof by methods which, in the judgment of the BUREAU and the COUNTY, will be of benefit to the people of the COUNTY; and WHEREAS, said BUREAU is willing to undertake the services hereinafter set forth on behalf of the COUNTY in the manner and for the purposes hereinafter provided. NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions herein, the parties hereto agree as follows: 1. Performance of Services. The BUREAU hereby contracts with the COUNTY to perform the services herein set forth. 2. Description of Services. The BUREAU will carry on tourist and convention development activities of a public character herein mentioned on behalf of the Sheraton Concord Hotel & Conference Center for the COUNTY and shall use its facilities and experience to secure as beneficial a return as possible from the expenditures made by it. The specific goals and objectives of said activities shall be as set forth in Exhibit A (Marketing Plan), which is attached hereto and incorporated herein by this reference. 3. Payment. Except as otherwise provided herein, COUNTY shall pay BUREAU for and in consideration of services to be performed by BUREAU during the 1995-1996 fiscal year, Fifty Five Thousand Five Hundred and Ninety ($55,590); payable one-half forthwith on execution of this agreement and one-half on February 1, 1996. 4. Reporting. The BUREAU shall furnish COUNTY with a monthly report which includes the financial condition of the BUREAU, and an annual audit on October 1, 1996 covering the fiscal year 1995-1996. The COUNTY shall have the right to review BUREAU'S records at any reasonable time at the office of the BUREAU. BUREAU shall furnish COUNTY with reports on the BUREAU'S activities on May 15, 1996, which report shall cover the three preceding fiscal year quarters, and on August 15, 1996, which shall cover all of the fiscal year 1995-1996. Each report shall specifically address the goals and objectives set forth in Exhibit A of this Agreement. 5. Term. The Agreement herein shall be in effect from July 1, 1995 through June 30, 1996. This Agreement may be extended on prior written approval of both parties to said extension, and approval of both parties to the amount of payment for services. Should the agreement be extended past July 1, 1996 and should the BUREAU be servicing the City of Walnut Creek for tourist and convention development activities at that date, the parties agree that the scope of this agreement shall be expanded to include the Embassy Suites Hotel located near the Pleasant Hill BART Station with an appropriate adjustment in payment for services. 6. Independent Contractor. In the performance of the activities required by this Agreement, the parties recognize that the BUREAU is acting as an independent contractor. All officers, agents and employees of the BUREAU shall not be deemed to be agents or employees of the COUNTY. The COUNTY shall not be liable to BUREAU or any person or persons acting for BUREAU for any death, injury, or property destruction or damage received or claimed resulting from activities undertaken pursuant to this Agreement, except for liabilities and claims which arise solely from acts or omissions of the COUNTY, its officers, agents, and employees for which the COUNTY shall be liable. 7. Notice. All notices required herein shall be sent first class mail to the parties as follows: To COUNTY County of Contra Costa Attn: County Administrator 651 Pine Street, 11th Floor Martinez, CA 94553 To BUREAU Contra Costa Convention and Visitors Bureau dba Concord Convention and Visitors Bureau 2151 Salvio Street, Suite N Concord, CA 94520 Notices shall be deemed effectively served upon deposit in the United States mail with first class postage prepaid. 8. Indemnification. The BUREAU shall defend, hold harmless and indemnify the COUNTY and their officers, agents and employees, from all liabilities and claims for death, sickness, or injury to persons or damage to property, including without limitation all consequential damages, from any cause whatsoever connected with the operations of the BUREAU hereunder, resulting from the acts or omissions, negligent or otherwise, of the BUREAU, or its agents or employees. 9. Non-Assignable. This Agreement shall not be assigned by BUREAU without the prior written consent of the COUNTY. 10. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any prior written contract, or amendments thereto, and any oral agreements. 11. Amendment. This Agreement may be amended,modified,or changed by the parties provided that said amendment, modification or change is in writing and approved by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRA COSTA CONVENTION AND VISITORS BUREAU dba CONCORD CONVENTION AND VISITORS BUREAU, a California corporation BY: President Board of Directors BY: Executive Director COUNTY OF CONTRA COSTA, a general law county BY: Chairperson County Board of Supervisors ATTEST: BY: Clerlof the Board