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SR-11-10-1987-6LCM:LCB:dvm City Council Meeting 11/10/87 TO: Mayor and City Council FROM: City Staff NOV 1 0 1987 Santa Monica, California =° SUBJECT: Recommendation to Authorize City Manager to Negotiate and Execute an Amendment to the Agreement with Santa Monica Convention and Visitors Bureau INTRODUCTION This report recommends that the City Manager be authorized to negotiate and execute an amendment to the existing agreement with the Santa Monica Convention and Visitors Bureau regarding the level of City funding for Bureau activities. Background The City and the Bureau have an agreement which has been in effect since October, 1985. City staff and Bureau representatives have met and discussed potential amendments to the previous agreement due to the recent increase in the City's Transient Occupancy Tax rate. These meetings have been successfully concluded and resulted in the attached amendment regarding the City funding contribution to the Bureau. All other terms and conditions of the 1985 agreement will remain in full force and effect. NE1V =1 0 1987 - 1 - The three principal modifications to the agreement are noted below: 1) The City's contribution to the Bureau will increase from an amount equal to 12.5 of forecast Transient Occupancy Tax revenues to 15% of forecast revenues effective October 1, 1987. The City's contribution to the Bureau will increase to 17% effective July 1, 1989. 2) The amount paid to the Bureau will be adjusted upward or downward based on a review of actual receipts after the end of each fiscal year. 3) The amount paid to the Bureau in any one year will not exceed $750,000 as adjusted by a CPI factor. BUDGET/FISCAL IMPACT The 1987-88 adopted budget includes funds according to the formula proposed in the amendment. RECOMMENDATION It is recommended that the City Manager be authorized to negotiate and execute an amendment to the agreement with the Santa Monica Convention and Visitors Bureau as outlined in this report. Prepared by: Lynne C. Barrette Assistant City Manager Attachment (SMCVB2) - 2 - AMENDMENT TO AGREEMENT This constitutes an Amendment ("Amendment") to that certain Agreement dated October 14, .1985 ("Agreement") by and between the City of Santa Monica., a California Charter City ("City") and the Santa Monica Convention & Visitors Bureau, Inc., a California nonprofit corporation ("Bureau"). This Amendment is dated for reference purposes October 1, 19.87. 1. Paragraph 2 of the Agreement is hereby modified to provide as follows: (a) For fiscal year 1987/88, the City shall pay to Bureau the annual sum of $476,9&7. (b) For fiscal year 1988/89, the City shall pay to Bureau a sum equal to 15% of the forecast transient occupancy tax revenue pursuant to Santa NTonica Municipal Code .Section 6600 et seq. for fiscal year 1988/89. (c) For fiscal year 1989/90 and each year thereafter, the City shall pay to Bureau a sum equal to 17.5% of the forecast transient occupancy max revenue pursuant to Santa Monica Municipal Code Section 6600 et se•c. for the applicable fiscal year. (d) ?riithin four months of the close of each fiscal year (i.e, no later than Cctober 31), an adjustment of the total annual sum paid by the City to Bureau shall be made to reconcile the difference, if :any, between actual transient occupancy tax revenues received by the City pursuant to Santa Monica Code - 1 - Section 6600 et seq. for the previous fiscal year and forecast transient occupancy tax revenues for the .previous fiscal year. If the actual sum, as calculated according to the subparagraphs below, exceeds the amount delivered to the Bureau based upon forecast transient occupancy tax revenues, the City shall pay to Bureau an amount equal to the difference within five months of the end of the fiscal year in review (i.e. no later than November 30). If the actual sum, as calculated according to the subparagraphs below., is less than the amount. delivered to the Bureau based upon forecast transient occupancy tax revenues, the City shall deduct the difference from the remaining quarterly payments due the Bureau within twelve months of the end of the fiscal year in review {i.e. no later than June 30). i. For fiscal year 1987/88, the sum of 12.5% of the actual transient occupancy tax revenues from July 1 through September 30, 1987, plus 150 of the actual transient occupancy tax revenues received from October 1; 1987 through June 30, 1988, shall be compared to the total sum delivered to Bureau pursuant to Paragraph 1a of this Amendment. ii. For fiscal year 1988/89, 15°s of the actual transient occupancy tax revenues from July 1, 1988 through June 30, 1989, shall be compared to the total sum delivered to Bureau pursuant to Paragraph ib of this Amendment. iii. For fiscal year 1989/90 and each fiscal year thereafter, 17.50 of the actual transient - 2 - occupancy tax revenues from July 1, through June 30 of the fiscal year being reviewed shall be compared to the total sum paid by City to Bureau pursuant to Paragraph lc of this Amendment for the applicable fiscal year. (e) The term "forecast transient occupancy tax revenue", as used herein, shall mean the amount of transient occupancy tax revenue projected by the City in its annual budget for the applicable fiscal year prepared in the ordinary course of the City's operations. (f) Ali funds paid by the City to the Bureau as required by this. paragraph shall be paid from the City's general fund and not from any specific tax or other financial source. (g) All payments made by the City to the Bureau shall be made in .equal quarterly payments not later than July 10, October 10, January 10, and April 10 of each year, or on such other basis as agreed to by the parties. (h} All .such funds shall be expended by the Bureau for Bureau activities only as enumerated herein. (i) Notwithstanding the formula for annual revenue contained. herein, when the annual sum determined in accordance with Paragraph (a) through (c) of this Agreement equals or exceeds $750,000, as adjusted in accordance with subparagraph (jj below (the "adjusted sum"}, then the adjusted sum shall - 3 - constitute the annual sum paid by City to Bureau and the formula contained in Paragraph (a) through (c) herein shall be of no further legal force or effect except as provided for in subparagraph (k); provided, however, that the Bureau may receive additional funds from the City in excess of the annual sum, for specifically identified programs as requested by the Bureau in an "Annual Request for Additional Funding" and approved by the City. (j) The $750,000 sum referred to in subparagraph (i) above shall be adjusted by a percentage equal to the percentage increase in the Consumer Price Index (CPI), all urban consumers {Los Angeles-Long Beach-Anaheim) from July 1, 1987 through July l of the applicable fiscal year. (k) In years in which the Bureau is receiving the adjusted sum ($750,000 + CPI) factor, any downward adjustment in the Bureau's funding described in paragraph 1(d) above shall be calculated against the actual sum rather than the adjusted sum. 2. Except as specifically modified herein, the Agreement shall remain in full force and effect. IN WITNESS W-FiEREOF, this Amendment has been executed by the parties as of the day and year indicated above. CITY OF SANTA MONICA, a Municipal Corporation By: JOHN JALiLi City Manager - 4 - Approved as to Form: ~~~ ,s ROBERT M. MYERS City Attorney SANTA MONICA CONVENTION & VISITORS BUREAU, INC. a California Non-Profit Corp. By LINDA KOPPERUD (amedagrt) President - 5 -