HomeMy WebLinkAboutMINUTES - 09161997 - C35 r C • VV
TO: BOARD OF SUPERVISORS SE...
� .. Contra
FROM: aj 1
Costa
Phil Batchelor, County Administrator County
DATE: GST'..----••-.�r
September 16, 1997
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 $68,208, for services
during fiscal year 1997-1998.
BACKGROUND:
Over the last twelve 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 1997-98 is $12,788 more than in
1996-97. 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: �2,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
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.
CC: County Administrator ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
A382 (10/88) BY DEPUTY
4-14 -17 C .35
AGREEMENT
THIS AGREEMENT, made and entered into on this_ day of September 1997, 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, (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 for the COUNTY and shall use its facilities and experience to secure as beneficial a return
1
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 1997-1998 fiscal
year, Sixty Eight Thousand Two Hundred Eight Dollars ($68,208); with payments being made
twice during the year: Thirty Four Thousand One Hundred Four Dollars ($34,104) upon
execution of this agreement, and Thirty Four Thousand One Hundred Four Dollars ($34,104)
on February 1, 1998.
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, 1998
covering the Fiscal Year 1997-1998. 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, 1998, which report shall cover the three preceding fiscal year quarters, and on August
15, 1998, which shall cover all of the fiscal year 1997-1998. 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, 1997 through June
30, 1998. 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, 1998 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.
2
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
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.
3
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.
4
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CONTRA COSTA CONVENTION AND VISITORS BUREAU
a California corporation
BY: a ,
Richard Pryor, President
Board of Directors
BY4. L9
T)el Sturm, Executive Director
COUNTY OF CONTRA COSTA,
a general law county
BY:
Chairperson
County Board .of Supervisors
ATTEST:
BY:
Clerk of the Board
5