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Home My WebLink AboutMINUTES - 07172001 - C.63 TO: BOARD OF SUPERVISORS CONTRA f:._. FROM: JOHN SWEETEN - COSTA COUNTY ADMINISTRATOR01. • COUNTY .Srq coti�`� DATE: JULY 17, 2001 SUBJECT: CONTRA COSTA CONVENTION AND VISITORS BUREAU CONTRACT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an amendment to the agreement with the Contra Costa Convention and Visitors Bureau extending the term of the contract through August 31, 2001 and increasing the payment limit by $33,066 to •a total of $178,048. BACKGROUND: On June 11, 2001, the Finance Committee recommended extending the current fiscal year 2000- 2001 agreement with the Contra Costa Convention and Visitor's Bureau for two additional months. The level of funding available for the remaining 10 months of fiscal year 2001-2002 will be determined during the Public Budget Hearing in August. Over the last fifteen 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 .areas of the County. The Bureau currently promotes both the Sheraton Concord Hotel and the Embassy Suites. CONTINUED ON ATTACHMENT: '—YES SIGNATURE: "ECqMMENDATION OF COUNTY ADMINISTRATOR_%_RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOA N 1TD APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Tony Enea(335-1094) CC: County Administrator ATTESTED CCCVB J6jN SWMTEN,CLERK OF THE BOAR OF SUPERVISORS AND COUNTY ADMINISTRATOR A BY`• " EPUTY :e AGREEMENT AMENDMENT THIS AGREEMENT, made and entered into on this ELday of 2001 by and between the COUNTY OF CONTRA COSTA, a political subdivision o the kate 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 teens 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 Embassy Suites Walnut Creek and the Sheraton Concord Hotel 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. The BUREAU will conduct a good faith effort to expand activities to additional parts of the County and, through its marketing materials, to promote the County's image as a whole. 3. Paves Except as otherwise provided herein, COUNTY shall pay BUREAU for and in consideration of services to be performed by BUREAU during the 2000-2001 fiscal year, One Hundred Forty Four Thousand Five Hundred Eighty Two Dollars ($144,582); with payments being made twice during the year: Forty Seven Thousand Four Hundred Ninety One Dollars($47,491)upon execution of this agreement, and Ninety Seven Thousand Four Hundred Ninety One Dollars ($97,491) on February 1, 2001. An additional Thirty Three Thousand Sixty Six Dollars ($33,066) shall be paid by the COUNTY for services performed by BUREAU for the period of July 1, 2001 through August 31, 2001. This amount shall be paid to BUREAU upon execution of this agreement amendment. 4. Reporting- The BUREAU shall fiimish COUNTY with a monthly report, which includes } � l the financial condition of the BUREAU, and an annual audit on October 1, 2000 covering the Fiscal Year 2000-2001. Each report shall specifically address the goals and objectives set forth in Exhibit A of the Agreement. BUREAU shall furnish COUNTY with reports on the BUREAU'S activities on May 15, 2001, which report shall cover the three preceding fiscal year quarters, and on August 15, 2001, which shall cover all of the fiscal year 2000-2001. 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, 2000 through August 31, 2001. 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. 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, 11 th floor Martinez, CA 94553 To BUREAU Contra Costa Convention and Visitors Bureau 1333 Willow Pass Road, Suite 204 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. No�nahle. This Agreement shall not be assigned by BUREAU without the prior written consent of the COUNTY. 2 r 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 A California corporation BY: Scott Belding, President Board of Directors BY: Hazel Sturm, Executive Director COUNTY OF CONTRA COSTA, A general law county BY Ch r, Board of Supervisors ATTE : BY: Clerk of the Board 4