HomeMy WebLinkAboutItem 8.4 TVCVB Agmt
CITY CLERK
File # D[0][Q][Q]-[a][!2]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 20, 2004
SUBJECT:
Agreement with the Tri-Valley Convention
and Visitors Bureau (TVCVB)
Report Prepared by: Christopher 1. Foss
Economic Development Director
ATTACHMENTS:
1. Draft agreement with the TVCVB
2. TVCVB FY 2004-2005 Budget
3. Administrative Services Report
RECOMMENDATION: /Î r/' Approve the proposed agreement and authorize the City Manager to
( \ Ifi" execute the agreement.
FINANCIAL STATEMENT:
The TVCVB funding of $56,555 was approved in the FY 2004-2005
budget.
DESCRIPTION: For the past several years, the City of Dublin has provided financial
support to the Tri-Valley Convention and Visitors Bureau's (TVCVB) efforts to market the Tri-Valley to
convention and tourist travel. The TVCVB serves the cities of Dublin, Livermore, Pleasanton and San
Ramon as a liaison between potential visitors to the Tri- Valley and the hospitality businesses that will host
them, and acts as the information clearinghouse, convention consultant, and promotional marketing
agency for the area.
The proposed agreement with the TVCVB (see Attachment 1) formalizes the expectations of the TVCVB
and addresses responsibilities in several areas, including financial record keeping and reporting, annual
audits, and oversight responsibilities of the TVCVB Board of Directors. The proposed agreement calls for
the preparation of an annual Program Budget (see Attachment 2) and detailed monthly financial reports, as
well as an annual audit ofthe TVCVB's financial records. The proposed agreement also provides for City
representation on the TVCVB's Finance Committee to review the organization's finances. The City will
also disburse funding twice (July and January) each year. The agreement (Section 2) also calls for a report
by the City's Administrative Services Director, which has been included as Attachment 3.
Staff believes that the proposed contract and its financial controls will protect the City's interests in
assuring that the services for which the City of Dublin contracts with the TVCVB will be delivered.
RECOMMENDATION: It is recommended that the City Council review and approve the proposed
agreement with the Tri- Valley Convention and Visitors Bureau, and authorize the City Manager to
execute the agreement.
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COPIES TO:
ITEM NO. _8..4
HIcc-forms/agdastmt.doc
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AGREEMENT WITH
TRI- V ALLEY CONVENTION & VISITORS BUREAU
THIS AGREEMENT is made and entered into this _ day of July 2004, by and between
CITY OF DUBLIN, a municipal corporation (hereinafter referred to as the "City"), and TRI-
VALLEY CONVENTION & VISITORS BUREAU, a non-profit corporation (hereinafter referred to
as "TVCVB").
WIT N E SSE T H:
A. TVCVB has qualified to receive City funds to provide community services as stated in
this Agreement.
B. In the judgment of the City Council, it is appropriate and advisable to provide money to
TVCVB for fiscal year 2004-05 to assist it financially in providing specified community services.
C. The Tri-Valley Convention and Visitor's Bureau (TVCVB), formerly known as the
Pleasanton Convention Visitors Bureau (CVB) has expanded its services to include businesses in the
Cities of Livermore, Dublin, and San Ramon. The City of Livermore, the City of Pleasanton, and the
City of San Ramon, have agreed to participate in the TVCVB. Each city has separate contracts,
agreements, and conditions. The City and TVCVB agree as follows:
NOW THEREFORE, in consideration of the mutual covenants, the parties agree as follows:
1. TVCVB's Services. TVCVB shall attempt in good faith to provide services and furnish
the necessary materials, supplies, facilities, and personnel to promote the City of Dublin
by increasing convention and visitor trade in Dublin, encouraging Dublin hotel use,
supporting special events in Dublin, and performing services that assist Dublin
businesses. The TVCVB has the right to act independently regarding funding and
related contract issues.
A. The TVCVB has adopted the following goals in Fiscal Year 2004-05 for the
City of Dublin and other parts ofthe Tri-Valley Region it serves:
i. Sales Goals: Generated leads: 170 Firm leads: 60
ii. Membership Goals- Overall membership: 310 New members
solicited: 40
B. The TVCVB will submit quarterly written reports to the CITY on its service
accomplishments during FY 2004-05 covering at least the following categories:
i. No. of new TVCVB members from City;
ii. No. of sales leads generated for TVCVB member hotels/meeting
facilities in CITY;
iii. No. of sales leads booked into CITY hotels/meeting facilities;
iv. Projected economic impact to CITY in FY 2004-05;
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Attachment 1
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v. Location and estimated attendance ofTVCVB events held at CITY
member venues; and
vi. Location of community, business and other TVCVB outreach events
and activities attended in CITY.
2. Sufficiency of TVCVB's Services. The City's Administrative Services Director shall
monitor and review the level of funded services provided during the term of this contract and shall
submit an annual review of the TVCVB's services to the City Council.
3. Term. TVCVB shall attempt in good faith to provide such services stated above during
City of Dublin's fiscal year, July 1, 2004 through June 30, 2005.
4. Allocated Funds: The City's financial contribution to the TVCVB is based on a
formula by which each member City contributes its share based on the number of that City's hotel
rooms compared to the total hotels rooms in the Tri- Valley area. City has allocated for fiscal year
2004-05 the sum of $56,555 to the TVCVB. City funds shall be disbursed twice each year (July and
January) and these funds are not be used for any ofthe following without the expressed written consent
of the City:
Donations
Political Contributions
Gifts
Non-business related travel
Non-budgeted items
Depreciation expense of equipment
Funding for projects requiring matching funds or projects presently supported in part by
City funds that would, in effect, result in duplicating City funding.
5. Financial Records and Reports.
A. The TVCVB shall be responsible for preparing and maintaining accurate and
adequate financial records on a timely basis.
B. All financial records shall be made available to the City's Administrative
Services Director (or his/her designated representative) upon request during normal working
hours.
C. The TVCVB's Chief Executive Officer will prepare or cause to be prepared a
monthly financial report to the Board of Directors of the TVCVB.
D. The Monthly Financial Report shall include at a minimum the monthly check
register, copies of the most current month's bank statements, and a worksheet containing
monthly and year to date, actual line item revenues and expenditures compared to budgeted line
item revenues and expenditures.
E. The TVCVB's Chief Executive Officer will prepare or cause to be prepared an
annual Program budget for consideration by City members by March 1 of each year (Section 5,
Article IX of the TVCVB By-Laws). The proposed budget will be reviewed by a committee
made up of City Managers, or their designees, from each contributing city no later than March
30 of each year. The review of the budget will suggest the level of funding each City Manager
will recommend to his or her City Council during the regular budget process, should such
funding be recommended.
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6.
Audit.
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A. The TVCVB will contract annually with an Independent Auditor for a financial
audit.
B. The TVCVB will provide the City with a copy of the audit by October 1
following the close of the fiscal year on June 30.
7. Oversil!ht Responsibilities of the Board.
A. The City and TVCVB Board recognize and agree that with the mmlmum
staffing of the TVCVB, the Board must playa significant role in the internal control structure
of the financial operations, and must help ensure the proper use and reporting of City funds.
B. The TVCVB shall have in place a Finance Committee at all times.
C. The Finance Committee will consist of the Board Treasurer, the Chief Executive
Officer, and at least two other Board members. One or more City staff representatives (ex.
Administrative Services Director), including Financial Officers, may (if one or more City
wishes representation) also serve on the Committee.
D. The Finance Committee will meet no less than twice per year to review the
annual budget, the financial audit, and financial records as necessary and prudent, and to help
ensure appropriate internal controls.
8. TVCVB's Status. In the performance of the services set forth in this agreement,
TVCVB shall have the status of an independent contractor and TVCVB shall not be considered to be
an employee of the City for any purpose. All persons working for or under the direction of TVCVB
are its agents, servants, and employees and are not agents, servants, or employees of the City.
9. Termination of Ae:reement bv City. The City may terminate this agreement at any
time by mailing a notice in writing to the TVCVB that the City will no longer provide funding. The
agreement shall then be deemed terminated, and no further funding shall be required to be allocated by
the City for TVCVB. The money allocated to TVCVB may be apportioned either by the number of
months or services provided by TVCVB, if the funding is terminated.
10. Indemnifv and Hold Harmless. TVCVB shall defend, indemnify, and hold harmless,
the City and its officers, and employees from and against all claims, losses, damage, injury, and
liability for damages arising from errors, omissions, negligent or wrongful acts of the TVCVB in the
performance of its services under this Agreement, regardless of whether the City has reviewed and/or
approved the services which have given rise to the claim, loss, damage, injury or liability for damages.
11. Notices. All notices herein required shall be in writing and shall be sent by certified or
registered mail, postage prepaid, as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
TVcVB
260 Main Street
Pleasanton, CA 94566
12. Conformance to Applicable Laws. TVCVB shall comply with all applicable Federal,
State, and City laws, rules, and ordinances. No discrimination shall be made by TVCVB in the
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employment of persons to work under this contract because of race, color, national origin, ancestrý~
sex, or religion of such person.
13. Scope of Ae:reement. This writing constitutes the entire Agreement between the
parties relative to the services and modification hereof shall not· be effective unless and until such
modification is evidenced by a written amendment signed by both parties to this Agreement.
THIS AGREEMENT executed the date and year first above written.
ATTEST:
CITY OF DUBLIN
Kay Keck, City Clerk
By:
Richard C. Ambrose, City Manager
APPROVED AS TO FORM:
TRI-V ALLEY CONVENTION AND
VIS UREAU
Elizabeth Silver, City Attorney
rson, Board of Directors
BUDGET SUMMARY
City Revenue
City of Pleasanton
City of Livermore
City of Dublin
City of San Ramon
Contribution from Capital Reserve
Non-City Revenue
Alameda County
Membership Dues
Projected Program Income'
Total Revenue:
Breakout
Estimate
'Events/Membershlp Projected Income
Ticket Sales - Luncheon ($40 x 100)
Ticket Sales . Regional ($15 x 450)
Booth Sales - Regional ($150 x 20)
Newsletter Inserts ($50 ea x 12)
4,000.00
6.750.00
3.000.00
600.00
14 350.00
Total Expenses by Program
1. Events & Membership
2. Sales & Marketing
3. Film Commission
4. Sports Commission
5. Program Administration Support
Total Expenses:
2004-05
Budget
2003-04
Budget
Change vs.
Last FY
Comments
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c
(7,676.00)
(1,851.00)
(5,676.00)
7.797.00
Ovp.mll dtv op.rcentaop. r.h¡:::¡naes.vs~
Reduced by 1 %
Same % as L Y
Reduced by 1 %
Increased by 2%
80,825.00 86,418.00 (5,593.00)
158.762.00 135.820.00 22,942.00
0.00 6,246.00 (6,246.00)
0.00 13,076.00 (13,076.00)
49,072.00 43,316.00 5.756.00
288,659.00 284,876.00 3,783.00
S&M Film Sports Prog. Admin. Supp.
40 0 0 20
22 0 0 1
92 0 0 1
92 0 0 1
77 0 0 1
6 0 0 77
329 0 0 101
PiS. 10$1 Plum Trf1(fíl'lnn (8 roor' '\s)
Liv. 1031 Purple Orchid & Vinsye.1d Itln (10 rooms)
s.A. addéd gxttmd8dStay (122 rooms)
11,000.00
For one time expenses
39% 183,803.00 191,479.QO
25% 117,823.00 119,674.00
12% 56,555.00 62,231.00
24% 113,110.00 105,313.00
11,000.00 0.00
20,000.00 20,000.00
65,000.00 68,519.00
14,350.00 14,425.00
581,641.00 581,641.00
112,215.00
279,602.00
0.00
0.00
189,824.00
116,153.00
245,670.00
11,801.00
19,501.00
188,516.00
0.00
(3,519.00)
(75.00)
Better reflects actuals
Consolidated Stalling Coats By Program
1. Events/Membership
2. Sales & Marketing
3. Film Commission
4. Sports Commission
5. Program Administration Support
Total Staffing Costs:
Estimated Percentage of Time E & M
Executive Director/Film 40
Assoc. Dir./Dir. of Event$ & Mem/Sports 77
Sales Manager 7
(2nd) Sales Manager 7
SaleslVisitor Coordinator' 22
Admin. Asst./Office Manager' 1 7
Totals: 170
'Part time employees
Malar Budget Increasss
1) Insurance premiums (Worker's Camp.. etc.)
2) RMt
3) Trade show lees
4) Increased Advertising & Web Site budgets
5) Added 3 new trade shows
581,641.00
581,641.00
0.00
(3,938.00)
33,932.00
(11,801.00)
(19,501.00)
1,308.00
0.00
Malar EJudqet Decreases .
1) Eliminated trade. shows . NTE, Mayfair, CaITIA, Locations
2) Savings through new leased server cart reduces computer maintananca costs
3) Eliminated PR Professional Fees
Tri-Valley eVB Program Budget
FY July 1, 2004 . June' 30, 2005
Page8
Attachment 2
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City Manager's Office
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
July 12,2004
Richard C. Ambrose, City Manager
Carole A. Perry, Administrative Services Director
TRI-V ALLEY CONVENTION AND VISITORS BUREAU - FY 2003-04
On July 15, 2003, the Dublin City Council approved an agreement, in the amount of$ 62,231, with the
Tri-Valley Convention and Visitors Bureau (TVCVB) to promote tourism in the Tri-Valley area.
Section 2 of the agreement states that "the City's Administrative Services Director shall monitor and
review the level of funded services provided during the term of this contract and shall submit an annual
review of the TVCVB's services to the City Council."
Fiscal Year 2003-2004 Review
The purpose of the TVCVB is to increase tourism in the Tri-Valley, which in turn supports enhanced
economic vitality for our community. As a member of the TVCVB, the City receives benefits that
include: increased "brand recognition" of the Tri-Valley Region, promotion in the annual Visitors
Guide, listings in materials produced by the Bureau, representation at all trade shows, sales events, and
promotions managed by the Bureau, a visitor center to display member brochures and flyers, networking
opportunities with industry professionals, inclusion in marketing and promotional programs, and a
listing and link on the Bureau's web site.
For Fiscal Year 2003-2004, the City of Dublin's contribution was $62,231 (10.7%) of a total TVCVB
budget of $581,641. At fiscal year's end (June 30, 2004), the TVCVB had 39 Dublin-based members, 8
of which joined the TVCVB during Fiscal Year 2003-2004.
During FY 2003-2004, the Tri- Valley TVCVB was active in the promotion of the region as well as the
individual communities. During Fiscal Year 2003-2004, the TVCVB booked the following leads for
City of Dublin hotels:
LEADS GENERATED:
LEADS BOOKED:
PROJECTED TOTAL ATTENDANCE:
PROJECTED ROOM NIGHTS:
PROJECTED ECONOMIC IMP ACT:
69
10
2,660
1,608
$430,944*
.This number is based on total room nights multiplied by average spending generated per day ($268). Sources; International Association of Convention &
Visitor Bureaus (lACVB) Foundation, Travel Industry Association of America (Travel Price Index), U.S. Department of Labor, Bureau of Labor Statistics
(Consumer Price Index)
Attachment 3
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Administrative Services Staff (Finance Manager, Fred Marsh) also attended bi-monthly Finance
Committee meetings of the TVCVB, during which financial topics were dealt with, such as accounts
payable; payroll; financial statements; accounts receivable; "spot audits;" and fixed assets. Also, this
committee reviewed and made recommendations on the TVCVB budget proposal, the independent
auditor's report and the related financial statements. This year the committee provided guidance on the
development of an Asset Replacement Policy; plus, the committee assisted TVCVB staff with developing
a plan for the use of surplus/reserve funds. Staff reports that the TVCVB has continued to make progress
in improving its accounting practices and administrative procedures.
RECOMMENDATION: That the Fiscal Year 2003-2004 review of the Tri-Valley Convention and
Visitors Bureau activities be noted and filed. Should you desire a document more specifically directed
to Council or would like more information on the TVCVB activities included in this report, please let
me know.
C: Chris Foss
Fred Marsh