HomeMy WebLinkAboutFresno Convention and Visitors Bureau Implementation of Management Plan for Fresno Clovis Tourism Di2
AGREEMENT BETWEEN CITY OF FRESNO AND FRESNO CONVENTION & VISITORS
p BUREAU FOR IMPLEMENTATION OF MANAGEMENT DISTRICT PLAN
U_ o (Fresno -Clovis Tourism Business Improvement District)
This Agreement is entered on June 2011 between the CITY OF FRESNO, a
municipal corporation of the State of California ("City"), and the FRESNO CONVENTION &
VISITORS BUREAU, a nonprofit corporation ("Organization"),
WHEREAS, the Property and Business Improvement District Law of 1994, (California
Streets and Highway Code Section 36600 et seq.) (the "PBID Law") authorizes the City of
Fresno to form a property and business improvement district within the City of Fresno; and
WHEREAS, on October 28, 2010, the City approved Resolution No. 2010-234 Declaring
its intention to establish the Fresno -Clovis Tourism Business Improvement District ("FCTBID");
and
WHEREAS, on November 8, 2010, the City of Clovis City Council approved a resolution
consenting to the establishment of the FCTBID, which encompasses the City of Clovis, as
provided by the PBID Law; and
WHEREAS, on December 16, 2010, the City Council held a public hearing regarding the
establishment of the FCTBID and the levy of the assessment, and at the conclusion of the
hearing determined that a majority protest against the proposed FCTBID assessment did not
exist, whereupon the City Council adopted Resolution No. 2010-295, which is incorporated
herein by reference, establishing the FCTBID for a five year term expiring on December 31,
2015; and
WHEREAS, the Resolution No. 2010-295 adopted the Fresno -Clovis Tourism Business
Improvement District Management District Plan ("Management Plan"), which is attached hereto
as Exhibit A, variously describes the businesses within the exterior boundaries of the FCTBID
to be assessed and benefitted, the method and amount of assessment, and the activities and
improvements to be funded by the assessment; and
WHEREAS, the Management Plan indicates that the Organization will provide the
activities and any improvements described in the Management Plan and otherwise be charged
with managing the FCTBID's day-to-day operations including determining budgets and
monitoring service delivery; and
WHEREAS, the PBID Law requires that the City contract with the nonprofit corporation
designated in the Management Plan, whereupon the Organization, as the FCTBID owner's
association will be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code), and the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), for all documents relating to activities of the FCTBID; and
WHEREAS, the parties desire that the Organization act as "Owner's Association" for the
FCTBID, upon the terms and conditions herein.
NOW, THEREFORE, in consideration of the above recitals and for other good and
sufficient consideration, the City and Organization agree as follows:
AGREEMENT
1. Recitals. All the foregoing recitals are true and correct and incorporated herein by this
reference as if fully set forth herein.
2. The Organization's Obligations.
(a) Management Plan. The Organization shall provide all the activities and any and
all improvements described in the Management Plan and otherwise administer and implement
the Management Plan.
(b) Annual Reports, The Organization shall submit annual reports to the City, as
required of the "owners' association" pursuant to California Streets and Highway Code Section
36650, a copy of which is included in the Management Plan.
(c) Budget Compliance. The Organization shall administer FCTBID funds in
compliance with the annual service plan budget contained in the Management Plan ("Budget"),
which is incorporated herein. The Organization shall allocate funds received pursuant to this
Agreement according to the Budget as they are received in the proportions stated in the Budget.
By way of example, if the FCVB receives a $100,000 payment pursuant to this Agreement, the
FCVB shall allocate no more than 10% of the payment ($10,000) to Administration costs, as
provided in the Budget.
(d) Delinquent Assessments. The Organization, unless otherwise instructed by the
City in writing, shall be responsible for collection of all delinquent FCTBID assessments and
related penalties and interest ("Collection Efforts") pursuant to Streets & Highways Code
Section 36631, and consistent with this Agreement, provided that: (i) litigation in the name of the
City shall not be commenced without the express written consent of the City, and (ii) the
Organization shall not send any delinquency notices to hotel operators, or any other
correspondence in the name of, or on behalf of, the City, except as previously approved in
writing by City. The City may, but is not obligated to, engage in Collection Efforts at its
discretion. The Organization shall reimburse the City for costs and expenses incurred in
Collection Efforts undertaken by the City at the request of the Organization (including, but not
limited to, attorneys' fees and litigation expenses). The Organization shall reimburse the City,
pursuant to this paragraph, within thirty (30) days of written demand by the City, unless
deducted from City payments to the Organization pursuant to Section 3(b)(ii) of this Agreement.
(e) Subcontracts and Procurement. The Organization shall award and administer all
subcontracts necessary for providing the activities and any and all improvements. For
subcontracts of $25,000 or more, utilize a fair and documented competitive process which
awards activities to the best value provider and awards improvements to the lowest price
responsive and responsible bidder, by: (1) soliciting proposals (for activities) and bids (for
improvements); (2) utilize a fair and documented competitive process which awards activities to
the best value provider and awards improvements to the lowest price responsive and responsible
bidder; (3) make a written "Bid Record" for bid awards, after the subcontract is awarded (the Bid
Record must list the name and amount bid for each bidder and include the facts supporting the
award of the subcontract to the successful bidder). For any subcontract, upon request, provide
the City with a copy of the subcontract, documentation and the Bid Record as applicable.
Notwithstanding the foregoing, and to the extent consistent with controlling law and regulations,
the Organization shall seek participation in subcontracting and procurement from within the
FCTBID boundaries to the extent feasible.
(f) Compliance with Laws. The Organization shall comply with all federal, state, and
local laws, including The Ralph M. Brown Act (Government Code § 54950 et seq.) ("Brown
Act") whenever matters within the subject matter of the FCTBID are heard, discussed, or
deliberated, and the California Public Records Act (Government Code § 6250 et seq.) for all
documents relating to activities of the FCTBID; the Organization shall ensure that its board
members will undertake training on the Brown Act, which may consist of self -study materials, an
online course, or in-person training; and secure all necessary permits and authorizations for work
on public property or within public right-of-ways such as sidewalks, alleys, streets, pedestrian
malls, public easements, public buildings, and public -parking areas.
(g) Confidentiality. The Organization shall comply with all laws governing the
confidentiality of FCTBID assessment records, reports, and related information that may be
provided to the Organization by the City ("Assessment Records"), The Organization shall only
disclose Assessment Records as required by taw, or as necessary to collect delinquent FCTBID
assessments, consistent with applicable confidentiality laws.
(h) Board Representation. At all times during the term of this Agreement, the Mayor
of the City of Fresno, California ("Fresno Mayor"), and the City Manager of the City of Clovis,
California ("Clovis City Manager"), shall each have the right to hold a seat, or to designate any
other individual to hold a seat, on the Organization's board of directors. If either the Fresno
Mayor or the Clovis City Manager is denied the right provided in this paragraph, the City may
terminate this Agreement immediately.
(i) Indemnity. The Organization shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents and volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred by
City, Organization or any other person, and from any and all claims, demands and actions in law
or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen
directly or indirectly out of performance of this Agreement. Organization's obligations under the
preceding sentence shall apply regardless of whether City or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the
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willful misconduct, of City or any of its officers, officials, employees, agents or authorized
volunteers.
If Organization should subcontract all or any portion of the work to be performed
under this Agreement, Organization shall require each subcontractor to indemnify, hold harmless
and defend City and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of the preceding paragraph.
This subsection shall survive termination or expiration of this Agreement.
0) Independent Contractor Status. The Organization will perform under this
Agreement as an independent contractor and will be responsible for any federal, state, or local
taxes or fees that apply to payments it receives from the City under this Agreement. The
Organization's employees and subcontractors will not be employees of the City and will not be
eligible for any benefits provided through the City, including but not limited to social security,
health, workers' compensation, unemployment compensation, and retirement benefits. Neither
the Organization nor any of its officers, employees, agents, volunteers, or subcontractors are or
will be considered to be agents of the City in connection with the Organization's performance
under this Agreement.
(k) Records/Audit. During the term of this Agreement, and for four year after the term
expires or terminates, the Organization agrees to maintain detailed records pertaining to FCTBID
administration sufficient to provide the basis for an unqualified opinion by an independent
auditor, including but not limited to records concerning budgeting, expenditures, subcontracts
(e.g., Bid Records), insurance, permits, administrative expenses, and overhead. The
Organization agrees to make all such records available to the City at all reasonable times. If the
City requests, the Organization will obtain and provide to the City, at the Organization's sole
cost, an independent financial audit of the Organization's use of FCTBID funds for any or all
years of the FCTBID's operation.
(1) Insurance. The Organization shall comply with the insurance requirements
provided in Exhibit B.
3. The City's Obligations.
(a) Payments to the Organization. The City shall pay to the Organization in trust:
(i) the FCTBID assessment funds actually collected by the City, with any interest
that actually accrues upon such funds while in the City's possession and control;
(ii) interest and penalties actually received by the City with respect to delinquent
FCTBID assessment payments; and
(iii) FCTBID assessment funds actually received by the City from the City of
Clovis.
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(b) Deductions from Payment. The City shall be entitled to retain the following
amounts, which shall be deducted from the payment provided for in Section 3(a):
(i) one percent (1%) of FCTBID assessment funds collected by the City from
hotel operators located within the City (but not within the City of Clovis), to cover
administrative costs, as provided in the Management Plan; and
(ii) costs incurred by the City as a result of engaging in Collection Efforts
consistent with Section 2(d) of this Agreement, including but not limited to collection
agency fees.
(c) City of Clovis Administrative Costs. The parties acknowledge that, pursuant to
the Management Plan, the City of Clovis is entitled to receive one percent (1%) of the TBID
assessment funds collected from hotels operators within the City of Clovis, which the City of
Clovis may deduct from TBID assessment funds forwarded to the City.
4. General Provisions.
(a) FCTBID Funds held in Trust. All FCTBID assessments and funds in the
possession/control of the Organization hereunder are the property of the FCTBID and shall be
held in trust by the Organization solely for the benefit of the FCTBID.
(b) General Fund Not Liable. Neither the taxing authority, nor the bonding capacity,
nor the general fund, nor any other fund or monies of the City other than actual FCTBID
revenues received from hotel operators or the City of Clovis will be liable for payment of any
obligations arising from this Agreement. Those obligations are not a debt of the City, nor are
they a legal or equitable pledge, charge, lien, or encumbrance upon any of the City's property,
income, receipts, or revenues. This Agreement embodies all of the Organization's reimbursement
rights, and the City is not required to execute any additional note or document.
(c) Effective Date, Term, and Early Termination. This Agreement becomes effective
on the date first -above written upon its complete execution by the parties. The term of this
Agreement begins on the effective date and ends at 11:59 p.m. on December 31, 2015.
(I) In addition to any other right of termination provided in this Agreement, the
City may terminate this Agreement early if it determines that the Organization:
(i) Has misappropriated funds, committed malfeasance, or violated any law
in providing the activities and improvements described in the Management Plan
or in otherwise administering and implementing the Management Plan; or
(ii) Has materially breached this Agreement and has failed to cure the breach
within 30 days after receiving the City's written demand for cure.
(2) Immediately following the termination or expiration of this Agreement, the
Organization will do all of the following:
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G) Terminate all of activities of the Organization on behalf of the
FCTBID;
(ii) Pay all obligations and administration costs it incurred on behalf of
the FCTBID; and
(iii) Return to the City all remaining FCTBID funds and all assets
acquired with FCTBID funds, which the City will hold on behalf of
the FCTBID.
(d) Notices. To be effective, any notice concerning this Agreement must be served by
placing it in the U.S. Mail, addressed as set forth below, with postage prepaid (registered or
certified mail, return receipt requested):
(1) If to the City:
City of Fresno
Office of the City Manager
2600 Fresno Street
Fresno, CA 93721
(2) If to the Organization:
Fresno Convention & Visitors Bureau
1550 E. Shaw Ave.
Suite. 101
Fresno, CA., 93710
A notice will be considered delivered two business days after the date of deposit
in the U.S. Mail. Any party may change its address for these purposes by giving written notice of
the change to the other party in the manner provided in this subsection.
(e) Attorneys' Fees. The prevailing party in any litigation or arbitration brought to
enforce this Agreement will be entitled to recover reasonable attorneys' fees and costs incurred
in connection with the litigation or arbitration, through final resolution.
(f) Interl)retation and Venue. This Agreement is to be interpreted in accordance with
California law. Any litigation concerning this Agreement must be brought and prosecuted in the
Fresno County Superior Court.
(g) Waiver. A party's failure to insist on strict performance of this Agreement or to
exercise any right or remedy upon the other party's breach of this Agreement will not constitute a
waiver of the performance, right, or remedy. A party's waiver of the other party's breach of any
term or provision in this Agreement will not constitute a continuing waiver or a waiver of any
subsequent breach of the same or any other term or provision. A waiver is binding only if set
forth in writing and signed by the waiving party.
(h) Entire Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement sets forth the parties' entire
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understanding regarding the subjects covered. It supersedes all prior or contemporaneous
agreements, representations, and negotiations regarding those subjects (whether written, oral,
express, or implied) and may be modified only by another written agreement signed by both
parties.
(i) Counterparts. The parties may execute this Agreement in counterparts, each of
which will be considered an original, but all of which will constitute the same agreement.
0) Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within the
exhibit or attachment.
(k) Amendment. This Agreement may be modified only by written instrument duly
authorized and executed by all the parties.
(1) Conflict of Interest. Organization shall comply, and require any of its
subcontractors to comply, with all laws and regulations including, without limitation, conflict of
interest laws, such as Government Code 1090 et. seq., the California Political Reform Act
(Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices
Commission concerning disclosure and disqualification (2 California Code of Regulations
Section 18700 et. seq.). At any time, upon written request of City, Organization shall provide a
written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry,
Organization and the respective subcontractor(s) are in full compliance with all laws and
regulations. Organization shall take, and require any subcontractors to take, reasonable steps to
avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, Organization shall immediately notify City of these facts in
writing.
(m) Successors and Assigns. Subject to limitations on assignment provided herein,
this Agreement shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants, employees and
representatives. The Organization may not assign its rights or obligations under this Agreement
without the prior written consent of City, which consent may be withheld at City's sole and
absolute discretion. Any attempted assignment by Organization, its successors or assigns, shall
be null and void unless approved in writing by the City.
[Signatures on following page.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the
day and year first -above written.
CITY OF FRESNO,
a municipal corporation
By:
Name:.,/ a,- k- S�C-t2e
Title: �� �a�e"r
ATTEST:
REBE9CA E. KLISC
City cl 8-�1
IJ
B y:
Deputy
APPROVED AS TO FORM:
JAMES C. SANCHEZ
City A���'
By:
�\Ct'r to 61eAjo^.Deputy
FRESNO CONVENTION & VISITORS
BUREAU, a nonprofit corporation
By:"A/�
' - L..�U
Layla For tedt, EO '
Attachments:
Exhibit A: Fresno -Clovis Tourism Business Improvement District Management District Plan
Exhibit B. Insurance Requirements
EXHIBIT A
Fresno -Clovis Tourism Business Improvement District Management District Plan
[See attached.]
FRESNO - CLOVIS TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Formed pursuant to the Propergl end Business Improvement District Act of 1994
(Streets .md Highmaps Code §36600 of seq.)
Submitted to the
Fresno C:ouvenrloll and Visitors Bureau
December 7, 2010
by
FRESNO - CLOVIS TOURISM BUSINESS IMPROVI+;MINT
DISTRICT
MANAGtiMENT DISTRICT PLAN
TABLE Ole CONTENTS
1, INTRO DUCTION:AND(V15.RVIPW........ ................. ........ ............................... .................... 2
11. ACt1 fY A TOURISM lit ]SIN ILSS I'OR FRI'SNO AN'D
X)VIS?............ .... ..... .............. ........................ ..........
III.
VIIA"I'IS;A'I'Ol,11�15 11311S1NFSSINWROVI�;141?,Nl'IASIRICA.%11.1.........................111.111.11
IV.
FIWSNO - C:LQVIS'1'1311.) 130UND;ARY.._.__.........................................................................5
A,
rAsscsscd 13usincss(!s.__..._....................................................._..__.............,.......,....._..._....................5
li.
Nwnbcr of liul mcsscs... .................... ...... ....... ........................... ,................. ....... ............................... i
V.
SERV1CIi, PIAN ANI-) BUDGII:I..._........................................................................................_...G
\.
Asscssnlclll-.......... .............. ....... ........ ,.................. ...................,......................_........................ ............ G
B.
tMermilmdonofSpcciallicuecil....... ........ -............ .-.......... .................... ,....... .,......... .................... _C
1,.
Tune nild 1M;lj ncl" fol' Collecting iASwC smcntS..................
D.
Service flan Budges Summary .................... ................ ................................._........................_...........7
ti',.
Annual Service Plan _............ I I................................................_..........._ .. _....._................_...........7
I.
\cliuslmen ts................ ................ ........... .......... ..................... ............. ..................................... ...........9
\'i.
B6 GOVFRNANCE................................................................................................................... U)
A.
OwnC]"�,' iAssoQanon............... .............................. ........................... ,......... .... .... .... .............. ,......... 10
Ii.
Brown Acr and California Public Rcco ids act C;mplialwc...................... .... ...... .................. 10
C.
Annual Reporr...... .......... ...-............... ........ .... ...........,.......,,................ .... ._.......................... ....... ... ....10
APP1:NI)IX
I - 'IIIA, PROPI?R'lY AN1) BUSINI'.SS IN41')R<)VI',NtI?N'I'I)IS'1'RICl' l,tl\V ( )Ir
1994 .................. _...................................................................... _.................................................. I 1
APITNDIX 2— LODGING 15UtiIN1 SSI:S 1'O IiH ASSESS31) \XTI I JIN 11 IF 1<1'BID _.......25
Fresno - Clovis Tourism Business Tmprovemenl llislrict Management District Plan Page 1
I. INT'RODUCT'ION AND OVERVIEW
Dcvclopvd by stir frresno Convention and Visitors Bureau JTAIJ rhe Fresno (Imis dhunsm
Business Improvc1ocm Disuicr (FC1'1311)) is a bcacfit assessment district proposed to help fiord
matkwulg and sales promotion efforts For l resno and Clovis lodging busincssas. 114 approach has
been used succc,111%, in other destination areas rbroughout the coulniy to improve tonron) and
drive additional rcmm flights.
Location: 'I he proposed 1 (ARID includes all lodging businesses (c_g. ho(els, motels and inns)
with rnorc than twenty Booms located within the boundaries of sac ct(ics of laresno
and Clovis.
Services: Markcting and sales promotions to increase (ourism and to market Ficsno and
Clovis as tourist, mecting and event dcstin corm
Budget: The total ICTB11) annual budget for each pear of its live year operation is
anticipated ro be sq)proximarely $800,000.
cost: Annual assessment rates arc. It, of gross Sort tern (mys Iess rh;m 31 consecutivc
days) room cental revenue on lodging businesses. Based on the bench( received,
asscssncols will nor be collccmd on slaps of more than thirty (30) consecutive daps,
nor on railroad crews, airline crews or tax-exempt governrnew employees on
goverment lntsincss. Assessments pursuant to the FC1,11I1) shall no( include room[
ren( -al revenue resulting fiom stays booked pursuant to co umms executed prior to
January 1, 2011. If) the futnre, ow. owners' association May contract ditccdy with
hotels for UK crew smy related services if hotels desiry to par for, and (-he owners'
association desires to provide, those services.
hormation: TBID foirna ion requires submittal of petition, trona lodging businesses representing
more than SO"=u of the Loral annual assessment followed by a City Counct I'waring
and an opportnnity frit a wrincn protest. The assessed lud;ing business owners will
recaivc notice of the public hearing by mail. If there is a maImiy wriucn prow,,I, no
further proceedings to form the FCTIM) may be taken Lor one year.
Duration: The proposed RABID will have a five year life. The UGIBID assessmenl will be
implemented begionityJanuarp 1, 2011 or soon rhe "Rer. once per year bgknmg,
on the anniversary of the formation of rhe district there is a Mnlay perind in which
owners paying more than 509;: of rhe assessment mayprotest and terminate rhe
district.
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 2
II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR
FRESNO AND CLOVIS?
Tlwre are several reasons why now in rhe rig;ht tuvc to Form a IliID in FIcsno and Clovis; rhe most
compelling Ieasons arc as Follows:
Y. IYmc Need to Increase Occupancy
lie lormation of the ICIB11) is a proactive effort to puwWc mpplcmc ni landing beyond
chat prop*idcd by Floe cities. '1'11c funding will ensure than adequate financing cs(srs for the
investmcnt required to IncrCASC occupanC) in the lodging indusu-y and be competitivc in ehc
conference scg,mcut of the tourisn) m;u-l;ct. 'I 11c investment will cover ;u) expanded
markcring and p onnotional budget mccdcd ro reach this marl:cr segment.
1 An Opportuni(i, for hxxvvsiilg Ciq, Tax Rovenues
As occupmmy rates increasc, so un) will the cities' ITYl'revenue , With stable public/prwatc
Wilding (in. tourism marling cfforts, annual occupancy rates should increase significantly
as new marketing and sales promotion programs arc iunple nm-twL. Greater occupancy will
also produce an inc,case in sales tax revenues Wn tourist spending. 'Phis represents a
substantial return w Floc cities. I'hc fonnadom of rbc FCI' BiD in paean rship will) dnc PCVB
crcatcs a stable funding sowse tied Twoly to tourism) promotion.
.. Stable Funding fbi Ybudsm Promotion
1'11c 1<1 BID will provide a stable source of Binding Par consistcm tourism promotion
efforts. ILL! RTI'1BID will lnovidc funding for tourism promotion free of dw political and
economic circumstances that can reduce or eliminate governlIjell t fiutding i<nr tourismn
promotion.
Fresno - Clovis Tourism Business Improvement District Management N.ArIet Plan Page 3
IIL WHAT IS A TOURISM BIJSINII,',SS IMPROVEMENTDISTRICT?
'Tourism Business Improvement Districts (']'IiIDS) uriliac (hc efliciencics of private sector operarioil
in the nlalket-based piouiotion of tourism disuices. TBIDS allow todg;in}; end tourism -related
bu,incss owners to orl;nnize their c(Tocls to increase (uuriso ). Tourism-rolawd business oNvners
within tic district Lund i TBID, and those: funds arc used to provide service, that the businesses
desire and that bcnaGt the lodging businesses within rhe district.
Tourism 131,1811ICSS Improvement Mstrict services may include, but are not limited to:
V\daru•.ring of rile Destination
Y 'Tourism Promotion AetivieieS
i- Sales Lead (fencration
In (AICol nia,'Ioil riSill Iimincss improvement I)is nMS arc furoud I)M'SUaut to the Vroperty ,tad
Business improvement District Law of 1994 (PTUI) law). 'DOS law allows by rhe creation of a
special benefit assessment disinct to raise WAS within a specific geographic arca. The kap dif�dt'anea
helwenn '1,13101 and olho. i�xie d hrnay�i/ mie.rnrmn/ dnpidr it /hrr! /iuulr �q_in,rl mr minrntrl In /Gr ni��n/r uoir nn it
nr to?dime ,nrdrnii{; /he di l ifl.
There are many benefits to Tourism Business Improvennent Districts:
Y Minds cannot be diverted for other govcrnnwut prot;rems;
Tourism Businces Improvement DlsfriclS arc atstonnized to fit rile needs of each
tourism dineric(;
3- 'I hely allow for a wide range of,crviecs, Including riosc listed above;
'TouriSun Business 1111provc1licar Districts arc. designed, Crewed acrd governed btu
those who nd/l pal, rite asscavncnt;
They provide a Stable funding Source for wurisnt promotion.
The Property and Business ILnprovenwnr District law of 1994 is pimidcd in Appeodis I of this
document.
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 4
IV. FRESNO - CLOVIS TBID BOUNDARY
A. Assessed Businesses
]he ITAIII) II) will inelude all Indging Businesses with moec than twenty rooms, existing and in the
future; available far public occupancy within the boundaries of rhe cities oI Flesno and Clovis. New
lodging businesses with more than 20 rooms opening; (uriuj; the teem of the disirica, and lodging
busiucsscs expanding to more than 1) rooms during rhe lean of the district, Will be nssesseel upon
their expansion or opening. I.odWng liam uses with mme than 20 moms which reduce rhe nu nbcr
of rooms Pq iwrot)' or Ins during rhe term of rhe disirici will cease ro be assessed upon reduction of
rooms 10 twenty or Less.
B. Number of Businesses
Ile boundary cuncndy includes 87 lodging businesses. Please acc the map below. A completc
listing oFlodging Businesses within the proposed I'C'I'MI) can be Found on Appendix 2 of this Plait.
/ l
Fresno -Clovis Tourism Business Improvement District
fi
_....__._ __/
G.k.m",
Fresno - Clovis Tourism Business Improvement District Management Uisfrict Plan page 5
A
V. SERVICE PIAN AND BUDGET
A. Assessinem
'Me FLIM annual assesscnenl rate is P,o of gross short term (stays less titan 31 consecutive clays)
room rental revenue per night for lodging bnsintcsses. Based on the benefit received assessments
will not be collected on stays of more than thirty (to ounismunvc days, not on railroad crews, airline
crews or tax-exempt goveruinenf employees oil governnxnt business. AssCSsmentS pursuant to Pile
ICTIBID shell nntinclude room rental revenue resulting [rem stays booked or pursuant a, conu-acts
executed poor to January 1, 2011. In the fume, the owners' association, mal contract directly with
hotels for airline crew stay related services if hotels desire to pay In and the (mucus' association
desires to provide, those Setvices.
The teen `.gross revenue".as used herein includes the following: (1) ,Any charge in a morn, whether
OIC PaWst uses the eoom or nor (2) Any charge for additnam! guests in if room; and (3) ;Any (ec (or
guaranteeing I -he nveil WMy of a room, whether or not that room is occupied. Gross rcvcnuc Shall
not include any federal, ante of. local taxes collccicd, including but 1101 limned to transient
occupancy tasc.s. Any other charges shall be considered ¢toss revenue only in acuredruucc with the
local u�ansicnt occupancy tax.
Bonds shall not be issued.
Assc,ssed lodging businesses have the option of passing On, assessment( on 10 gucsis. Any
aascssnao-mt charge. passed on must be disclosed to the guest in advance. If the assessment is passed
on to the guest itshellbe identified as `Tourism assessment" and be separated from rent and other
applfcablc taxes and tires.
B. Deternnivatiou oCSpecial I3e:ne(it
State law provides (hal rife cspc.nses of the district shall be apporiioncd in proporlion to the benefit
received I)y assessed businesses.
A special bcrwfit is defined as a particular and dis(nlcf benefit over and above gcncnai bcnefhs conferred
on the public at Lug, Cchwecsely, a general benctir is a benetit to bolsi0e<SC6 in rhe surrouucling
conunmnity or a benefit to the public in general rcsulfing from the inaprovelueni, ec(ivit)' or service to
be provided by Pile assessment levied. Many general benefits to the public: ;It large arc conveyed by
uaunicipal services, such as Pre protection, police scavia"s and public transit services. 'These services Inc.
targeted I'o serve the public w large and do not confer special lacneftis on particular busiresses.
The services in this l.Lucagernent Mum Plan are designed to provide tat;geicd services to lodipf;'
busmcsses These services are tailotcd not to serve the general public, but taupe ,o serve the specific:
lodging businesses within the FC, I BID, c g., the proposed activities arc specifically targeted to increase
room nights Eor assessed lodging bLISifaCSsCS within (he boundaries of the FCl'BID, and are narrowly
tailored. FC1,1111) funds will be used eXC1Lnavcly to benefif the ssscssces.
Fresno - Clovis Tourisut Business hnprovement District Management District Plan Page 6
The activities Paid for trona assessment revenues arc lodging business services creating special benefit to
those businesses. In addition, these activiticS arc not for this benefit of the general public and do not
provide general benefit as defined above. All general bcncfits (if any) to rhe Surrounding conanauruty
I
nd goncral public arc intangible and unquantifiable. It is appropriate that these special INKness-rchi d
beneftls be Funded ehrcalgh business aa"munn.
C. Time and Manner for Collecting Assessments
The VC 1,1311.) assessment will be, implemented beginning Janual), 1, 2011 or soon Ihcmaficr and will
continue for. five yealtl, 11,ach city will be responsible for collecting the assessmcnr no less than
quaitcrly (including any delinquencies) penalties and interes() Clom each lodging business located in
the boundaries of the respective city, and forwarding the au imm collected to the (My of Resno on
a monthly basis. liacla city shall ndw all reasonable efforts to collect, or cause to be wAlcaed, the
asscssnacuts from each lodging business located within its boundaries, including rhe collection of
delinquent asscssmcnrs, However, in no event shall cidlcr cit}, be liable fol its failure ro collect
delinquent assessments. ]?;ach cit1- Shall be reimbursed, nr uthcrivise made whole, for ncc cost of
collecting delinquent asscssnaents, as provided in rhe contract with the I'CVB to be executed
pursuant to Serceis and highways Code §36651 OR ` %win? Association Nbrragcnxmt ConnnW).
File City of Fresno shall forward the assessment funds actually collcctcd and received br the City of
Ptesno to [be. Fresno Convention and Visilors Bureau (FC VB) which will have ncc resp "Al ihty of
managing ' BID programs as provided in this 'Management District Han and the Uwners'
Association A'Iar.agcnanit Contract.
D. Service: Plsut Budget Sununary
,A Summary of ncc annual service plan budget tot IIIc FCI'BID is provided on the N)Il wing pages.
Tile total Eve year Anprovcmenr and service plan budgct is projected at approximately $80Q000
annually, or ti4,000,000 through 2015.
IS, Annual Service Plan
;A service plan budgct has been developed to deliver services throughout the JUI ID, No annual
service plan and budget will be developed and approved by the INNH Board. Please see rhe budget
exhibit below. The budget also includes a portion for confingcllcies and ecnewal of the FC BID.
Should the RANI Board approve, [ands may be apprvpriared for the renewal dTort. If there are
finds remaking at the end of rhe IC1111) form and lodging businesses choose to renew, these
remaining funds could be transIrmil to the renewed WIND. If here arc funds remaining at the
end of fhc IrCTBII) term and lodging businesses choose not ro renom, any renaairring funds will be
spent consistent with this Plan or rct uiwd to assessed busincsscs in equal proportions ro fhc
asstssrricnr paid by each business.
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 7
Fresno - Clovis Tourism Business Itnprovenaent .District
Annual Budget:, 'Years One ehrougli Five
Sales and Marketing
84c9a
$672,000
Administration
0`;4.
y'S0,000
City Collection Costs
1'%'�
$BiXul
Condnigency/Renewal
5
h7,ouo
Total Annual Budget
10 &V,
$800,000
Sales and Marketing
iA sales and marketing program will promote Fresno and Cloris as tourist, meting and event
destinations. The sales and rnadccting pro#Hann will have a cennral theme of pronurthy, Fresno and
00vis as cJesiAR places to visit, and mac includr but is not limited to the follonAng activities:
• Internet marketing efforts to increase oNvarencss and optimize inrcrnet presence;
• Prim ads in map;azines and newspapers targeted at potential visitors,
• 'I.'cicrision ads targeted at potential visitors,
• Radio ads targeted at potential visitors;
• Attendance of trade shows;
• Sales bliir.es;
• Sporting events;
• familiarization tours:
• Preparation and production of collateral pron<Itional mainrials such as brochures, Flyers and
naps;
• Attendance of professional industry conferences and affiliation events;
• Lead generarim activities dmInM to attract emmis and group events to INresno and Clovis;
• I-At-cctot: of Sales and General Manager m.cohly to lAan and coordinate tounsrn promotion
efforts;
• }"duration of hospitality staff oil service and aafcty (related to alcohol and food) designed to
Arcate A visitor experience that will bring repeat visits; and
• liducation of lodging; business nanagct ient and the owners' association on marketing
strategics best suited to necl. Fresno and Clovis' nce<Is.
Administration and Operations
.1'hc Administrative and ol,acrations portion of die budget shall he utilized fits stalling costs, office
costs, insurance costs, legal and atcountinp; costs, the cost of reimbursing cities for the cost of
Collecting delinquent assessnucrtts, and oilier general adninisoadvc costs.
City Adtninis(ratio n Pee
!Well city shall be paid a fee coal lo VA of rhe amount of assessnwnt collected to cover tie costs of
collection and adninisiration, exclusive of the cost of collecting delinquent assessulents.
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 8
Contingency/Renewal
rA prudent portir»D of Me budget will be set aside in a contingency forid, ro be used Por unforeseeable
costs ill carrying out !be sales and marketing peograms, or in the mem revenuw collected is less than
projected. If at the expiration of be district there arc contingence toads, remaining, and business
m\,ncrs wish ro rc inv the district, Phe remaining contingency funds map be used for renewal costs.
I.'. Adjustments
IN niail;eting plan shall remain consistent with the budget herein. :llthongh actual revenues will
lluctnate due to marker conditions, the proportional >alloinimms of the budget shall rmmml we sank,
llowcNcr, the FCVB board shall have the twthormy to adjust budget allocations between the
rale}torics by no more than fifteen perccnr P 5%Q per year.
Fresno - c ovis'Courisun mhiness Improvement District Management District Plan Page 9
VI. BID GOVERNANCE.
A. Owners' Association
The (my Council, flurough aduptio) of this tmanagenamu District Plan, ha; the riglu, pursuant ro
Streets and highways UK §36651, to identity the body that shall implement the proposed
progrun, which shall be the owners' association of the 1111.311) as Shoed in Stems and I Iighwap
We §3661-4.5. Ile HAT will serve as the owners' association for Che 1'(:'17311) and shall contract
with the, City of' laremo to provide service; cp the Inim"I as provided in Streets and I lighways
Code §36631.
B. Brown Act and California Public Records Act Compliance
pursuant to Streets and I lighways (A do §36614.51, the o"wW association iv subject to government
regulalions relating to 11-ansparency, namely the Ralph n1. Brown Act and the California Public
Records Act, designed to promote public acaxmtabildt , The owners' association of a "1 BID is
considered a Icgislarive body tinder the Ralph M. Brown Act (Govcrnnaent Code V154950 et scc1.).
Thus, mecuings of the NXB board mum be held in complimce with the public notice and other
t:cyuircmems of the Brown Act. The owneic' association is also subject to the record keeping;
rceluitcuients of the. California public Accords Act,
C. Annual Report
Ile FCVB board shall present an annual rgxxt at the end of each year of operation to alae lWo
Cin, Council ]ill] suaw to Streets and Ilighways Codc §36650 (sec :AppolvE 1). ;A copy of the
annual report will also be submitted to rhe City of Clovis.
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APPENDIX I- THE PROPERTY AND BUSINESS IMPROVEMENT
DIS'ITRicr LAW OF 1994
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994
STREl3I;S AND IIICIIWAYS CODfi
Division 18. packing
"� TI -[IS DOCUMt:NT IS CURIU NT THROUGH 20 WQW 0 F..XTRAORM NARY SMSMNS IA
AND 7, AND I R(i13NCl' LI:iG1St,A9lON TFIROUGII Cl 4 OF THE 2010 RIAMI,AIR SESSION
§ 36600. Citation of part
"]'his hart shall be known and nnay be cited as the "Property and Business improvement
District 1-aw of 1994."
§ 366(11. Legislative fru Hngs and declarations
The Legislature finds and declares all of the following:
(a) Businesses located and ol,lerating within the business Asidlow of this state's communities
are economically disadvantaged, are underutilized, and are unable to whom customers due to
inadequate facilities, services, and activities in the husiness districts.
(b) It is in the public interest to promote the economic revitalization and physical
maintenance of the business districts of its cities in orAcr to create JAS, attract new bt.isincsses,
and prevent the erosion of iic business dish ims.
(e) It is of particular local benefit to allow cities to fund business related iinprovcments,
maintenance, and activities through the levy of assessments upon the businesses or real property
IMI benefits from We improvements.
(d) Assessments levied for the purpose of providing improvements and promoting activities
that benefit real property or businesses are not taxes lot the general benefit of a city, but are
assesmIents for the improvements and activities which confer special benefits upon the real
property or businesses for which the improvements and activities are provided,
§ 36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize
cities to levy assessments within a business improvement area. `]'his part docs not affect or limit
any other provisions of law authorizing or providing for the h.unishing of improvements or
activities or the raising of revenue for (i)esc purposes.
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§ 36603. Preemption of authority or charter city to adopt ordinances levying assessments
Nothing in this part is intended to preempt the authority of a charter city to adopt ordintmces
provicling for a clifferent method or levying assessments for similar or additional purposes from
those set forth in this part. A property and business improvement district created pursuant to this
part is expressly exempt from the provisions of the Special Assessment Investigation, limitation
and Majority Protest Act of 1931 (Division I (commencing with Section 2500)).
§ 36603.5, Part prevails over conflicting provisions
Any provision in this pan that cordlicl.s with any other provision of law shall prevail over the
other provision of law.
§ 36601 Severability
This part is intended to be commnmd liberally and, if any provision is held invalid, the
remaining provisions shall renwin in full force and effect. Assessments levied tinder this part are
not Special taxes.
§ 36605. [Section repealed 2001.1
§ 36606. "Assessment"
"Assessment" means a levy for the purpose of acquiring, constructing, installing, or
maintaining improvements and promoting activities which will benefit the; properties or
businesses located within a property and business improvement district.
§ 311607. "Business"
'Business" means all types of businesses incl includes financial institutions and professions.
§ 36608. "City"
"City" means a city, county, city and worry, or an agency or entity created pursuant to
Article I (commencing with Seciion 6500) of Chapor .5 of Division 7 of `trifle I n(rlxe
Gove mmew Croda, the public member agencies of which includes only cities, counties, or it city
and county.
Fresno - Clovis Toorism Business Improvement District Management District Plan Page 12
§ 36609. "City council"
"City council" means the city council ora city or the board or supervisors or a county, or Che
agency, commission, or board created pt.usuant to a joint powers agreement and which is a city
within the meaning or this part.
§ 36610. 'Improvement."
"Improvement" means the acquisition, consuvction, installation, or maintenance or any
tangible property with an estimated useful life of rive years or more including, but not limited to,
the rollowing:
(a) Parking racilities.
(b) Benches, booths, kiosks, display cases, pedestHan shelters and signs.
(c)'1'rash receptacJcs and public restrooms.
(d) Lighting and heating racilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(b) Planting areas.
(i) Closing, opening, widening, or narrowing of existing suvets.
Q) Facilities or uluipment, or both, to enhance security or persons and property within the
urea.
(k) Ramps, sidewalks, plazas, and pedestrian malls.
(t) Rehabilitation or removal of existing structures.
§ 3661L "Property and Adams improvement dish kV'; "District"
"Property and business improvement dist wi ' or "district," means a property and business
improvement district established pursuant to this part.
§ 36611 "Property"
Property" means real property situated within it district.
§ 36613. "Activities"
"Activities" means, but is not limited 1% all of the rollowing:
(a) Promotion or public events which hencrit businesses or real property in the district.
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 13
(h) Furnishing of music in any public place wilhin the district.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment.
(e) Providing security, sanitation, graffiti removal, street and .sidewalk cleaning, and other
municipal services supplemental to those normally provided by the municipality.
(f) Activities which benefit husincsses and real property located in the district.
§ :36614. "Management district plan"; "Plan"
"Management dis[Hct plan" or "plan" means a proposal as defined in Section 36622.
§ 36614.5. "Owners' association„
"Owneis' association" means a private nonprofit entity that is tinder contract with a city to
administer or implement activities and improvements specified in the management district plan.
An owners' nssochnion may be an existing nonprofit entity or a newly fornned nonprofit entity.
An owners' association is a private entity and may not be considered a public entity for any
purpose, nor may its board membets or stuff he considered to be public officials for any purpose.
Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 51950) of Part / o/Division 2 of Title S qf` the
Gowol nxeol Code), at all times when mallets within the subject matter of the district are heard,
discussed, or deliberated. and with the California Public Records Act (Chapter 3.5 (commencing
with Section 62-50) of Division 7 of Title 1 grme Momno" Co*), for all documents relating
to activities of the district.
§ 36615. "Property owner"; "Owner"
"Ploperly owner" or "owrio'" means any person shown as the owner of' land on the last
equalized assessment roll or otherwise known to be the owner of land by the city council. The
City council has no obligation to obtain other information as to the ownership of and, and its
determination of, ownership shall be final and conclusive for the purposes of this part. Wherever
this subdivision requires the signature of the property owner, the signature of the authorized
agent of the property owner shall be sufficient.
§ 36616. "'tenant"
..Tenant" means all occupant pursuant to a lease of commercial space or a dwelling unit,
other than an owner.
Fresno - Clovis Tourism Business huprovennent District Nfenagement District Plan Page 14
§ 36617. Alternate method of financing certain improvements and activities; Effect on
other provisions
'Phis part provides an alternative method of Dancing cemiin improvements and activities.
The provisions of this part shall not affect or limit any other provisions of faw authorizing or
providing lot the funishiug of improvements or activities or the raising of revenue 'for (hese.
purposes. Every improvement arca established pursuant to the Parking and Business
Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is
valid and effective and is unaffected by this part.
§ 36620. Establishment of property and business huprovenrent clikulet
A property and business improvement district may be established as provided in this chapter.
§ 36620.5. Requirement of consent of city council
A county may not form If district within the territorial jurisdiction of if city without the
consent of the city council or that city. A city may not form a district within the unincorporated
territory of a county without the c mserrt of to board of supervisors of that comity. A city may
not form If district within the territorial jurisdiction of another city without (he consent of the city
council Of the other city.
§ 36621. Initiation of proceedings; Petition of property or business owners in proposed
district
(a) Upon the submission of a written petition, signed by the property or business owners in
the proposed district who will pay more than 50 percent of the assessments proposed to be
levied, the city council may initiate proceedings to form it district by the adoption of a resolution
expressing its intention to Porro tt district. The amot101 of assessment attributable to property or if
business owned by the same property or business owner that is in excess of 40 percent of the
amount of all assessments proposed to be levied, shall not be included in determining whether
the petition is signed by property or business owners who will pay more than 50 percent of the
total amount Of assessments proposed to be levied.
(b) The I,ntion of property or business owners required under subchviskm (a) shall include a
summary of me management district plan. That summary shall include all of the following:
(1) A map slxtwing the boundaries of the district.
(2) Inli>rmation specifying where the complete management district plan can he obtained.
(3) Information .specifying that the complete management district plan shall be furnished
upon re(Iuest.
(c) The resolution of intention described in subdivision (a) shall contain all of the following;
(1) A brief description of the proposed activities and improvements, the amount of the
proposed assessment, if statement as to whether the assessment will be levied on property Of-
Fresno
r
Fresno - Clovis Toorism Business Improvement District Management District flan Page 1_5
businesses within he district, a marnment as to whether bonds will be issued, and a description of
the exterior boundaries of the proposed disY& The descriptions and .statements do not need to
be detailed and shall he st.d'f dmu if they enable an owner to generally identify the nature and
extent of the improvements and activities and the location and extent off th0 proposed district.
(2) A titre and place for a public hearing on the establishment of the property and business
improvement disu'ict and the levy of assessments, which shall be consistent with the
requirements of Section 36623.
§ 36622. Contents of management district plan
The: management district plan .shall contain all of the following:
(a) A map of the district in sufficient (101011 to locale each rarcel of property and, if
businesses are to be asscssed, each business within the district.
(b) The name of the proposed district.
(c) A description of the houndaries of We district, including the boundaries of benciil: zones,
proposed for establishment or extension in a manner sufficient to identify the affected lands and
businesses included. The boundaries of a proposed properly assessment district shall not overlap
with the boundaries of another existing property assessment district created pursuant to Ohs part.
This part does not prohibit the boundaries of a district mated pursuant to this part to overlap
with other assessment (11 ORN established pursuant to other provisions of law. including, but not
limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the I,xxmdaries of a business assessment disu'ict
created pursuant to this part to overlap with anot101- business assessment district created pursuant
to this part. This part does not prohibit the botmdaries of a business assessment disu'ici created
pursuant to this part to overlap with a property assessment district creat(] pursuant to this part.
(d) The improvements and activities proposed for each year of operation of' file district and
the maximum cost thereof.
(e) The Intal annual amount proposed to be expended for improvennenPs, maintenance and
operations, and debt service in each year of operation of' tile district.
(i') The proposed source or sources of financing, including the proposed method and basis of
levying the assessment in sufficient detail to allow each property or business owner to calculate
the amount of the assessment to be levied against his or her property or business. The plan also
shall stale whether bonds will be issued to finance improve.nwas.
(g) Ile time and manner of collecting tine assessments.
(h) The specific number of years in which assessments will be levied, In a new district, the
nwximnun numb0r of yews shall be five. Upon renewal, a district shall have a term not to exceed
10 years. Notwithstanding these limitations, a ASKS created pursuant to this part to Finance
capital improvements with bonds may levy assessnnents until the maximum maturity of the
bonds. The management district plan miry set Forth specific increases in assessments for each
year of operation of the district.
(i) The proposed time for implementation and completion oP the nu rulernma district plan.
U) Any proposed rules and regulations to be applicable to tate district.
Fresno • Clovis Tourism Business bnpruvement I ist•icf Adauageanenf 1)isfrict Ilan Page 16
(k) A list of tete properties or businesses to be assessed, including the assessor's parcel
numbers for properties to be assessed, and a statement of the method or methods by which the
expanses of a district will he imposed upon benefited real property or businesses, in proportion to
the benefit received by the property or business, to defray the aSt thereof, including operation
and maintenance. The plan may provide that all or any class or category of real property which is
exempt by law from real property taxation may nevertheless be included within the boundaries of
the district but shall not he subject to assessment on real property.
(1) Any other item or matter required to be incorporatccl therein by the city council.
§ 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and
protest and healing procedure shall comply with Section 53753 (# the Government Code.
(h) if a city council proposes to levy a new or increased business assessment, the notice and
protest and hearing procedure shall comply with "Section 54954.6 of the Governmew Cade,
except that notice shall be mailed to the owners of the businesses proposed to be assessed. A
P] otest may be made orally or in writing by any interested parson. Every written protest shall be
filed with the clerk at or before the time fixed for the public hearing.'file city council may waive
any hngulari y in the form or content of any written protest. A written protest may be withdrawn
in writing at any rule before the conclusion of the public hearing. Each wriuen protest shall
contain a description of the business in which the person subscribing the protest is interested
sufficient to identify the business and, it' a person subscribing is not shown on the official records
of the city as the owner of the business, the protest shall contain or be amompanird by written
evidence Oat the person subscribing is the owner of the business. A written protest which does
not comply with this section shall not be COunted in determining a nuyority protest. If written
protests are received from the owners of businesses in the proposed district which will pay 50
percent or more of the assessments proposed to be levied raid protests are not withdrawn so as w
reduce the protests to less Chan 50 percent, no further, proceedings to levy the proposed
assessment against such businesses, as contained in the resolution of intention, shall he taken for
a period of one year from the date of to finding ora majority p owst by rhe city cormodl.
§ 36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the disfrict, the city council nay adopt,
revise, change, reduce, or modify the proposed assessment or the type or types of improvements
and activities to be funded with the revenues troll, the assessments. Proposed assessments nnty
only be revised by reducing any or all of them. At the public hearing, the city council may only
make changes in, to, or from the boundaries of the proposed property and business improvement
district that will exclude territory that will not benefit from the proposed improvements or
activities. Any modifications, revisions, reductions, or changes to the proposal assessment
district shall be reflected in the notice and map recorded pursuant to Section 36627.
Fresno - Clovis'1'ourism Business Improvement District Management District flan Page 17
§ 3605. I2esohd% of formation
(a) If the city council, following the public hearing,, decides to establish the proposed
property and business improvement district, the Clly council shall adopt a resolution of formation
that shall certain all of the following:
(1) A brief description of the proposed activities and improvements, the amount of the
proposed assessment, a statement as to whether the assessment: will be levied on properly or
businesses WAR the district, a statement about whether bonds will be issued, and a description
of the exterior boundaries of the proposed district. The descriptions and mwcmcros do not need
to he detailed and shall be sufficient if they enable an owner to generally identify the nattue and
extent of the improvements and activities and the locution and extent of the proposed district.
(2)'Phe number, date of adoption, and title of the resolution of intention.
(3) The time and place where the public hearim was held concerning thee establishment of
Me district.
(4) A determination regarding any protests received. I'hc city shall not establish the district
or levy assessments if it majority protest was received.
(5) A mcnicrit that the properties or businesses in the district established by the resolution
shall be subject to any amenchnents to this part.
(6) A statement that the improvements and activities to be provided in tale district will be
funded by the levy of the assessments. The revenue from the levy of assessments within a district
shall not be used to provide improvements or activities ot.itside the district or for any purpose
other than the purposes specified in the resolution of intention, as modified by the ci y council at
the hearing concerning establishment of the dish ict.
(7) A finding that the property or businesses within the arezt 01' the. property and business
improvement district will be benefited by the improvements and activities funded by the
assessments proposed to be levied.
(b) The: adoption of the resolution of formation and recordation of the notice and map
pur,Want to Section 36627 shall constitute the levy of an assessment in each of the fiscal years
referred to in the management district plan.
§ 36626. Resolution establishing district
If die city council, following the public hearing, desires to establish the proposed property
and business improvement district, and the city council has riot made changes pursuant to
Section 36621 or Mas made changes that do not substantially change the proposed assessment,
Me city council had adopt a resolution establishing the district. 'Phe resolution shall contain all
of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Scction
36621 but need not contain information about the preliminary resolution if none has been
adopted.
Fresno - Clovis,fourism Business Improvement District M;magemeut District Plan Page 18
§ 36626.5. [Section repealed 1999.1
§ 36626.6. [Section repealed '1999.]
§ 3662W. [Section repealed 1999.]
§ 36627. Notice and assessment diagram
Following adoption of the resofultion establishing the district pursuant to Section 36625 or
36626, the clerk of the city shall record it notice and an assessment diagram pw'.suant to Section
31 14. If the assessment is levied on businesses, the text of the recorded notice shall he modified
to reflect that the assessment will be levied on businesses, or specified categories of businesses,
within the arca of the district, No other provision of I iAsion 43 (commencing with Section
3100) applies to an assessment district created pursuant to this part,
§ 36628. Pshtblishment of separate benefit zones within district; Categories of businesses
The city council may establish one or more separate benefit zones within tic district bused
upon the degree of benefit derived from the improvements or activities to be provided within the
benefit zone and may impose a different assessment within each benefit zone. If the assessment
is to be levied out businesses, the By council may also define wwgories of businesses based
upon the degree of benefit that each will derive from the improvements or activities to be
provided within the district and may impose a different assessment or rate of assessment on each
category of business, or on each category of business within each zone.
§ 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a
combination of the two, pursuant to this part. The city council shall Structure the a.SSCSSfile nLS in
whatever manner it determines corresponds with the distribution of benefits from the propc)mcd
improvements and activities.
§ 36629. Provisions and procedures applicable to benefit zones and business categories
All provisions of this part applicable to the establishmcm. modification, or disestablishment
of a property and business improvement district apply to the establishment, modification, or
discslablishmcru of benefit zones or categories of business. '1"11e city council shall, to establish,
modify, or disestablish a benefit none or category of business, follow the proccdurc to establish,
modify, or disestablish a parking and business improvement area.
Fr"lao - Clovis Tourism Business Improvement Disnrict. Niauagetttent District Plan Page 19
§ 36631 ExpirMion of dila; Creation of new district
11'a property and business improvement clistrict expires due to the time limit set pursuant to
subdivision (h) of Section 36622, a new management dlSt'IC[ plan may be created and a new
district established pursuant to this part.
§ 36631. Time and manner of collection of assessments; Delinquent payments
The collection of the assessments levied pursuant to this part shall be made at the time and in
the manner set forth by the city council in the resolution establishing the management clistrict
plan described in Section 36622. Assessments levied on real property may be collected at the
same time and in the same manner as for dic ad valorem properly tax. tad may provide for the
same lien priority and penalties for dchriquent payment. All delinquent payments for assessments
levied pursuant to this pan shall be charged interest and penalties.
§ 36632. .assessments to be based on estimated benefit; Classification of real property and
businesses; Exclusion of residential and agricultural property
(a) 'The assessments levied on real fimpeny pursuant to this part shall be levied on the basis
of the estimated benefit to (lie real property within the property and business improvement
district. 'File city council may classify properties for purposes of determining the benefit to
property of -the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant tq this part shall be levied on the basis cif the
estimated benefit to the businesses within the pJaperty and business improvcuteni district. The
city council may classify businesses for purposes of determining the benefit to the businesses of
the improveunenus and activities provided pursuant to flus part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are
conclusively presumed not to benefit from the improvements and service funded through these
assessments, and shall not be subject to any assessment pursuant to this pan.
§ 36633. Thine fox, contesting validity of assessment
'fhe validity of an assessment levied under this pan shall not be contested in any action or
proceeding unless the action or proceeding is commenced within 30 clays after tyre resolution
levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment
in an action or proceeding shall be perfected within 30 days after the entry ofjudgmcnt.
§ 36634. Service conuacts authorized to establish levels of city services
Ile city council may execute baseline service contracts that would establish levels of city
services that would continuo after a property and business iml Rwement district has been formed.
Fresno - Clovis Tourism Business Improvement District Management District plan Page 20
§ 36635. Request to modify managernent district plan
The owners' association only, at any lime, request that the city couulcil modify the
managemcnf district plan. Any modification of 1110 management district plan shall be made
pursuant to this chapter.
§ 36636. Modification of plan by resolution after public hearing; Adoption of resolution of
intention; Modification of improvements and activities by adoption of resolution after
public hearing
(a) Upon the written request o1' the owners' association, the city council may moclify the
management district plan after conducting one public hearing on the proposed modifications.
"Che city council may modify the iml,=emcnts and activities to be funded with the revenue
derived frown the levy of the assessments by adq%ng a resolution determining to make the
modifications after holding a public hearing on the proposed modifications. Ir the modification
includes the levy of a new or increased assessment, the city council shall comply with Section
36623 . Notice of all other public meetings and public hearings puNuanl to this section shall
comply with both of the following:
('1) The resolution of intention shalt be published in a newspaper of general circulation in the
city once at least seven days before the public meeting.
(2) A Complete copy of rhe resolution of intention shall be mailed by first class mail, at least
10 days before the public meeaing, to each business owner or property owner affected by the
proposed modification.
(b) Tl1e city council shall adopt a resolution of intention which states the proposed
modification prion to the public hearing required by this section. The public hearing shall be held
not more: than 90 days al't'er the adoption of the resolution oi' intention.
§ 36637. Reflection of modification in notices recorded and maps
Any subsequem moelii'iukri of the resolution shall be reflected in subsequent notices and
maps recorded ptusuam to Division 4.5 (commencing with Section 3100), in a manner consistent
with the provisions of Section 36627.
§ 36640. Bonds authorized; Procedure; Restriction on reduction or termination of
assessments
(a) The city council may, by resolution, determine and declare that hoods shall be issued to
finance the estimated cost or some or all of the proposed improvcnionts described in the
resolution of lornlation adopted pursuant to Section 36625, if the resolution of formation adopted
pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of
1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks -Roos Local
Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) n/ Chapter 5 q/'Division 7
Fresno - Clovis Tonrism Business Improvement District Management District Plan Page 2,1
of Tille I o/'the Governine tl Code). Lilher act, as We case may be, shall govern the proceedings
relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be
modified by the city council as necessary to accommodate assessments levied upon business
pursuant to this part.
(b) The resolution adopted pursuantto subdivision (a) shall gorimolly describe the proposed
improvements specified in the resolution of formation adopted pursuant to Section 36625, set
forth the estimated cost' of those improvements, specify the number of annual installments and
llse fiscal years during which they tinc to be collected. The amount of debt service to retire the
bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30
Years,
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal
and interest on any bond issued pursuant to this Section Shall not be reduced or terntinalecl if
doing so would imeri'ere with the timely retirement of the debt.
§ 36641. [Section repealed 2001.1
§ 36642. [Section repealed 2001.1
§ 36643. ISedion repealed 2(10'1.]
§ 36650. Report by ownens' association; Approval or modlHadfon by city council
(a)'['he ownet:s' association Shall cause to be prepared it report for each fiscal yeal% except the
first year, for which assessments are to be levied and collected to pay (lie costs of the
improvements and activities described in [lie report. The owners' association's first report shall be
due after the first year of operation of the district. The report may propose changes, including,
hill not limited to, the boundaries of the properly and busincss improvement district or any
benefit zones within the district, the basis and method of levying the assessmcrus, and any
Changes in the classification of property, including any categories of business, if a classification
is used.
(b) 'File report shall be filed with the clerk and shall refer to the property and bu.Siness
improvement district by name, specify to Fiscal year to which the report applies, and, with
respect to that fiscal year, shall contain all of the following information:
(1) Any propose([ changes in the boundaries of the property and business improvement
district or in any benefit zones or classification of property or bLLSiuCSSeS within the djMricl.
(2) 'The improvements and activities to he provided for that fiscal year.
(3) An estimate of the cost of providing the improvements and the activities for that fiscal
year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real
property or business owner, as aPpnJuiate, to estimate rhe amourn of the assessment to be levied
against his or her property or business for that fiscal year.
(5) The amount of any surplus or deficit revenues lo be carried over from a previous fiscal
year.
Fresno - Clovis'I'ourism Business Improvement District Management District Plan Page 22
(6) The amount 01' any contributions to be made from sources other than assessinents levied
pursuant to this part.
(c) The city council nay approve the report as Piled by the owners, association or stay
modify any particular contained in the report and approve it as modified. Any modification shall
be made pursuant to Sections 36635 and 36636.
The city council shall not approve a change in the basis tail method of levying assessments
that would impair an authorized or executed contract to be paid from the revenues derived from
the levy of assessments, including any commnmcm to pay principal and imetest on any bonds
issued on behalf of the district.
§ 36651. Designation of owners' association to provide improvements and activities
The management district plan may, bill is not required to, slate that an owners' association
will provide the improvements or activities described in the management district plan. 11' the
management district plan designates an owners' association, the city shall contract with the
designated nonprofit corporation to provide smwims.
36660. Renewal of district; Transfer or refund of retraining revenues; District teen limit
(a) Any district previously established whose term has expired, may be renewed by following
Me procedures Por establishment as provided in this chapter.
(b) Upon renewal, any remaining revenues derived droit the levy of assessments, or any
revenues derived ISont the sale of assets acquired with the revenues, shall be transferred to the
renewed district. If the renewed district includes additional parcels or businesses ntri included in
the prior district, the remaining revenues shall be .spent to benefit only the parcels or businesses
in the prim. district. If the renewed district does not include: parcels or businesses included in the
prior district, the remaining revenues attributable to these parcels shall be refunded to the owners
of these parcels or businesses.
(c) Upon renewal, a district shall have a tont nod to exceed 10 years, or, if the district is
authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement
that the boundaries, assessments, improvements, or activities of a renewed district be the same as
the original or prior district.
§ 3600. Circumoinnims permitting disestablishment of district; Procedure
(a) Any district established or extended pursuant to the provisions of this part, where there is
no indebtedness, outstanding and unl.>aid, incurred to accomplish any 01' the purposes of the
district, may be disestablished by resolnion by the city council in either of the following
Cil cumstances:
(1) It the city council finds there has been misappropriation of funds, malfeasance, or a
violation of law in connection with the management of the district, it shall notice a hearing on
disestablishment.
(2) During the operation of the district, there shall be a 30 -day panel each year in which
asscssecs may request disestablishment of the KILL The first such period shall begin one year
Fresno - Clovis'1'ourisnt Business Improvement district Mill) agente[it District Plan Page 23
alter the data of establishment of the district and shrill Continue for 30 clays. The next such 30 -
day period shall begin two years after the dale of the establishment of the district. Each
successive, year of operation of the district shall hove such a 30 -day period. Upon the written
petition of the owners of real property or of businesses in the arca who pay 50 percent or more of
the assessments levied, the city council shall pass a resolution of intention to disestablish the
district. The city council shrill notice a having on disestablishnicnt.
(b) The city council shall adopt a resolution of intention to disestablish [lie district prior to
the public hearing required by this section. The resolution shall state the reason for the
disestablishment, shall state the time and place of the public hearing, and shall contain a proposal
to dispose of any assets acquired with the revenues of the assessments Icvied within the property
and business hnprorement district. The notice of the hearing on discstablistunent required by this
section shall be given by mail to the property owner of each parcel or to the owner of each
business subject to assessment in (lie district, as appropikne. The. city .shall conduct the public.
hearing not less then 30 days after mailing the notice to the property or business owners. The
public hearing shall be held not more than (i) days after the acioption of the resolution of
intention.
§ 36671. Refund of remaining revenues upon disestablishment of district; Calculation of
refund; Use of outstanding revenue collected after disestablishment of district
(a) Upon the disestablislunem of a district, any remaining revenues, after all outstanding
debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired
with the revenues, or from bond reserve or construction funds, shall be refUnded to tine owners of
the propWy or businesses then located and operating within tile, district in which assessments
were levied by applying the same method and basis that was used to calcuhle the assessments
levied in the- fiscal year in which the district is disestablished. All outstanding assessment
rcvanuc Collected after disestablishment shall be spent on improvements and activities specified
in the management district plan.
(b) If the disestablishutaru occurs before an assessment is Icvied for the fiscal year, the
method and basis that was used to calculate the assessments levied in the immediate prior fiscal
year shall he used to calculate the amount of any refund.
Fresno - Clovis Tourism Business Improvement District M:magement District flan Page 24
APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN
THE FCI'BID
Business
Address
-Lodging
Ambassador Inn & Suites
1804 W. Olive Avenue Fresno,CA 93728
America's Best Value Inn DIr
2425 Merced SL Rosno,CA 93721
America's Best Value Water Tree Inn
4141 N. Blackstone Ave. Fresno,CA 93726
Motel
3393 N. Pat kwa Dr. Fresno. CA 93722
-Astro
Best Budget lilt)
7117 N. Blackstone Avenue Rcsno,CA 93650
Best Western Fresno Inn
480 E. Shaw Ave. Fresno,CA 93710
Best Weslern Village Inn
3110 North Blackstone Ave. Fresno,CA 93703
Star Motel
2325 S. G SC R esno. CA 93721
-Big
Comfort Inn
W. Shaw Ave. Fresno,CA 93711
Comfort Suites
_5455
102 East Herndon Fresno,CA 93720
COLMIly Inn & Suites
6065 N. Thesta Fresno,CA 93710
Court and by Marriott -Air port
1551 N. Peach Fresno,CA 93727
Court aid by Marriott -Shaw
140 E. Shaw Ave. Fresno,CA 93710
Grasslands
3460 W. Shaw Ave. F esno,CA 93711
Das Inn
4061 N. Blackstone Ave. Resno,CA 93726
_
Das Inn Fresno
1101 N. Parkway Dr. Fresno, CA 93728
Day's Inn Iihighway 99
2640 South Second Street Fresno,CA 93706
Econo Inn
1820 Broadway FI"esno,GA 93721
Econo Lodge - North Blackstone
6309 N. Blackstone Ave. Fresno,CA 93710
_ _
Econo Lodgo-Patkway
445 N. Parkway Drive Fresno,CA 93706
Economy Inn
4290 N Blackstone Ave. Resno, CA 93726
Extended Slay America
7135 N. Fresno St. Resno,CA 93720
Flamingo Inn
1487 N Golden State Blvd. Fresno, CA 93728
Four Points by Sheraton
3737 N. Blackstone Ave. Fresno,CA 93726
Fresno Inn
2345 N. Parkway Frosno,CA 93'105
R'esno Motel
1325 N. Golden Slate Blvd. Fresno, CA 93728
Fresno Motor Lodge Motel
1587 N. Golden State Blvd, Fresno, CA 93728
Gables Motel
2833 E. Church Ave. Fesno, CA 93706
Garden on & Suites
4949 N. Forestiere Avenue Fresno,CA 93722
1 -lam ton Inn & Suites Fresno
327 E. Fir Avenue Resno,CA 93720
1 ioliday Inn Downtown
1055 Van Ness Avenue Fresno,CA 93721
Holiday Inn Ex cess
7191 W. Kathryn Fresno,CA 93722
Holiday Inn Express Fresno/South
2660 South Second Street Fresno,CA 93706
Holiday Inn Ex cess/River ark
7115 N. Howard St. Fresno,CA 93720
Inn Fresno Air orl
5090 E. Clinton Way Fresno,CA 93727
—1-lofiday
Holiday Motel
1407 N. Goldeb State Blvd. Fresno, CA 93728
Homewood Suites
6820 N Fresno Street Fesno,CA 93710
Frosno - Clovis Tourism Business Improvement District Management District Plan Page 25
Kings Canyon Motel
4770 E. Kings Can on Rd. Fresno,CA 93702
Knight's In
6090 N. Blackslone Avenue R esno,CA 93710
La Quinta Inn & Suites
5077 N. Cornelia Ave. Fresno,CA 93722
La Quinta Inn River park
330 E. Fir Avenue Fresno,CA 93720
La Quinta Inn, Fresno D/I
2926 Tulare Street Fresno,GA 93721
Manchester Motel
3844 N. Blackstone Ave. Flesno, CA 93726
Motel 6
4245 N. Blackstone Avenue Fresno,GA 93726
Motel 6
4080 N. Blackstone Avenue Fesno,CA 93726
Mold 6 _
1240 N. Cr sial Avenue Fresno,CA 93728
Motel 6
5021 N. Barcus F'esne,GA 93722
Palace Inn
797 N. Paikway Dr, Fresno, CA 93728
Parldand Hotel
3095 N. Parkway Drive Fresno,GA 93722
_
Parkside Inn
1415 W. Olive Ave. Fresno,CA 93728
—Piccaddly Inn Ex cess
5113 E. McKinley Avenue Fresno,CA 93727
Piccadill Inn -Airport
5115 E. McKinley Avenue Fresno,CA 93727
Piccadilly Inn Shaw
2305 W. Shaw Avenue R esno,CA 93711
Piccadilly Inn -University
4961 N. Cedar Avenue Resno,CA 93726
Plaza MCI
1940 Broadway Fresno,CA 93721
Qualil Inn/Ashlar
4278 W. Ashlan Avenue Frosno,CA 93722
__ ___
Radisson Hotel & Conference Center
2233 Ventura Sheet Resno,CA 93721
Ramada South
5046 N. Barcus Rcsno,CA 93722
Ramada University
324 E. Shaw Avenue Fresn0,CA 93710
Residence Inn by Marriott
5322 N. Diana Avenue Fresno,CA 93710
Rodeway Inn
6730 N. Blackstone Avenue F; esno,CA 93710
Royal Motel
_
3391 N. Parkway Drive Fresno, CA 93722
Sands Mold
1441 N. Golden State Blvd. Fresno, CA 93728
San Joaquin Suites
1309 VV. Shaw Avenue Resno,CA 93711-
3711Se
uoia Motel
Sequoia
4707 E. Kings Canyon Rd. Fresno,CA 93702
Sierra Inn
949 N. Parkway Drive Fresno, CA 93728
S grin hill Suites by Marriott
6844 N. Fresno St. R csno,CA 93710
Starlite Inn
3335 N. Parkway Drive Fresno, CA 9372.2
Su )er 8 Motel
2127 Inyo Streel FI'esno,CA 93721
Supoi 8 Motel - North
6051 N. Thesta Avenue Fesno,CA 93710
Supet 8 Motel - Parkway
1087 Paikway Drive Fresno,CA 93728
Towne Place Suites
7127 N. Fresno St. Fresno,GA 93720
Town House Motor Hotel
1383 N. Motel Drive Fresno, CA 93728
1iavelod e -Blackstone
3876 N. Blackstone Ave. Fresno,CA 93726
University Inn
2655 E. Shaw Avenue FI'esno,GA 93710
Va aborad hm
2570 S. East Avenue Fresno,CA 93706
Valle Inn
933 N. Parkway Drive F'esno,CA 93728
Villa Motel
817 N. Parkway Drivo Fresno, CA 93728
Welcome Inn
777 N. Parkway Drive Rosno,CA 93728
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 26
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 27
Americas Best Value Inn -Clovis (formoily Rodeo Lodge)
1616 Clovis Avenue Clovis,CA 93612
Best Western Clovis Cole
415 Clovis Avenue Clovis, CA 93612
Comforl Suites Clovis_
143 Clovis Avenue Clovis,CA 93612
1*airfield Inn by Widott
50 N. Clovis Avenue Clovis,CA 93612
Ham ton Inn & Suites
855 VJ, Gettsburc Avenue Clovis,CA 93612
Hilton Garden Inn
520 W. Shaw Avenue Clovis,CA 93612
I foliday Inn Express
650 W. Shaw Avenue Clovis,CA 93612
Homewood Suites/Clovis
835 VJ. Gcttysbury Avenue Clovis,CA 93612
Fresno - Clovis Tourism Business Improvement District Management District Plan Page 27
EXHIBIT B
Insurance Requirements
Throughout the life of this Agreement, Organization shall pay for and maintain in full
force and effect all policies of insurance required hereunder with an insurance company(ies)
either (i) admitted by the California Insurance Commissioner to do business in the State of
California and rated not less than "A -VII" in Best's Insurance Rating Guide, or (ii) authorized by
City's Risk Manager. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at
least as broad as the most current version of Insurance Services Office (ISO) Commercial
General Liability Coverage Form CG 00 01 and include insurance for "bodily injury,"
"property damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non -owned equipment), products and
completed operations, and contractual liability (including, without limitation, indemnity
obligations under the Agreement) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at
least as broad as the most current version of Insurance Service Office (ISO) Business
Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non
owned automobiles or other licensed vehicles (Code I Any Auto) with limits of liability
of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the
California Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with limits of liability of not less
than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease
each employee.
Defense costs shall be provided as an additional benefit and not included within the
above limits of liability. In the event Organization purchases an Umbrella or Excess insurance
policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies)
shall "follow form" and afford no less coverage than the primary insurance policy(ies).
Organization shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Organization shall also be responsible for payment of
any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the City's Risk Manager or his/her designee. At the option of the City's Risk
Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or
setf-insured retentions as respects City, its officers, officials, employees, agents and volunteers;
or (ii) Organization shall provide a financial guarantee, satisfactory to City's Risk Manager or
his/her designee, guaranteeing payment of tosses and related investigations, claim administration
and defense expenses. At no time shall City be responsible for the payment of any deductibles or
self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits except after 30
calendar day written notice has been given to City. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non -renewal, or reduction in coverage or in limits, Organization
shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the
event any policy is due to expire during the work to be performed for City, Organization shall
provide a new certificate, and applicable endorsements, evidencing renewal of such policy not
less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name City, its officers, officials, agents, employees and volunteers as
an additional insured. Such policy(ies) of insurance shall be endorsed so Organization's
insurance shall be primary and no contribution shall be required of City. The coverage shall
contain no special limitations on the scope of protection afforded to City, its officers, officials,
employees, agents and volunteers. Any Workers' Compensation insurance policy shall contain a
waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.
Organization shall furnish City with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements are to be
received and approved by the City's Risk Manager or his/her designee prior to City's
execution of the Agreement and before work commences. Upon request of City,
Organization shall immediately furnish City with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy certified by the
underwriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
If at any time during the life of the Agreement or any extension, Organization or any of
its contractors or subcontractors fail to maintain any required insurance in full force and effect,
all work under this Agreement shall be discontinued immediately. Any failure to maintain the
required insurance shall be sufficient cause for City to terminate this Agreement. No action
taken by City hereunder shall in any way relieve Organization of its responsibilities under this
Agreement.
The fact that insurance is obtained by Organization shall not be deemed to release or
diminish the liability of Organization, including, without limitation, liability under the indemnity
provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Organization. Approval or
purchase of any insurance Agreements or policies shall in no way relieve from liability nor limit
the liability of Organization, its board, officers, employees, agents, volunteers, persons under the
supervision of Organization, vendors, suppliers, invitees, consultants, sub -consultants,
contractors, subcontractors, or anyone employed directly or indirectly by any of them.
If Organization should contract or subcontract all or any portion of the services to be
performed under this Agreement, Organization shall require each contractor or subcontractor to
provide insurance protection in favor of City, its officers, officials, employees, agents and
volunteers in accordance with the terms of each of the preceding paragraphs, except that the
contractor's or subcontractor's certificates and endorsements shall be on file with Organization
and City prior to the commencement of any work by the contractor or subcontractor.
City of
IIc!!ICa nIf♦1w1-G
frfnl�—:=2 1 V VAOF
REPORT TO THE CITY COUNCIL
June 23, 2011
AGENDA ITEM NO. E E
COUNCIL MEETING (-I � /l I
APPROVED BY
DEPARTMENT DIRECTOR
'7
CITY MANAGE5�.-
FROM: MARK SCOTT, City Manager
BY NICOLE R. ZIEBA, Deputy City Managw��/z
SUBJECT: APPROVE AGREEMENT BETWEEN THE CITY OF FRESNO AND FRESNO CONVENTION &
VISITOR'S BUREAU FOR IMPLEMENTATION OF THE TOURISM BUSINESS
IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Presented to city council
•?i5prlsii'.� il_�
RECOMMENDATION
Staff recommends approval of the Agreement between the City and the Fresno Convention & Visitor's Bureau
(CVB) for implementation of the Tourism Business Improvement District (TBID) Management District Plan
EXECUTIVE SUMMARY
The City is required to collect funds from hoteliers for the TBID. The adopted TBID Plan requires a formal
agreement between the City and the "TBID Owner's Association", which is the CVB, to outline conditions under
which those funds are collected and disbursed. The attached agreement satisfies the Management Plan
requirement for such an agreement.
BACKGROUND
On May 12, 2011, the City Council approved a temporary Memorandum of Understanding with the CVB that
allowed the City to disburse funds collected from hoteliers for the TBID. The TBID Management District Plan
requires a formal agreement between the City and the "TBID Owner's Association", which is the CVB, that
outlines conditions under which funds may be disbursed and how they are to be used. The temporary MOU
called for the formal agreement to be negotiated and brought back to Council for approval in June. The
attached Agreement was approved and signed by the CVB and is ready for immediate implementation upon
approval by Council.
FISCAL IMPACT
There is no fiscal impact associated with approval of the Agreement for implementation of the TBID
Management District Plan.
Attachment: Agreement Between the City of Fresno and the Fresno Convention & Visitor's Bureau for
implementation of the Tourism Business Improvement District Management District Plan