To: BOARD OF SUPERVISORS
From: Executive Office
Meeting Date: October 8, 2024
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Department Contact: |
Xuyen Mallela |
Phone: |
707-463-4441 |
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Department Contact: |
Anna Macken |
Phone: |
707-463-4441 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Approval of Retroactive Amendment to Agreement No. BOS-23-171 with Civitas Advisors, Inc., and Mendocino County Tourism Commission in the Amount of $63,750, for a New Total of $140,250, to Provide Services to Assist with the Formation of a Business Improvement District Pursuant to the Parking and Business Improvement District Law of 1994, Effective September 1, 2023, through a New End Date of June 30, 2025 (Original End Date: August 31, 2024)
End
Recommended Action/Motion:
recommendation
Approve retroactive amendment to Agreement No. BOS-23-171 with Civitas Advisors, Inc., and Mendocino County Tourism Commission in the amount of $63,750, for a new total of $140,250, to provide services to assist with the formation of a Business Improvement District pursuant to the Parking and Business Improvement District Law of 1994, effective September 1, 2023, through a new end date of June 30, 2025 (original end date: August 31, 2024); authorize the Chief Executive Officer or designee to sign any future amendments that do not increase the annual maximum amount; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
December 13, 2022: Presentation to the BOS by Civitas Advisors regarding the benefits of
converting the Business Improvement District to the 1994 District Law.
June 6, 2023: BOS discussed the conversion of the Business Improvement District during the County budget hearing.
September 12, 2023, Item 3w): BOS approval of the annual service agreement with Mendocino County Tourism Commission related to the Business Improvement District transition.
September 26, 2023, Item 3r): Approval of Agreement No. BOS-23-171 with Civitas Advisors, Inc., and Mendocino County Tourism Commission.
Summary of Request:
In effort to gain financial stability, Mendocino County Tourism Commission (MCTC) began discussions with Civitas Advisors, Inc. (Civitas) on the transition from the Parking and Business Improvement Area Law of 1989 to the Business Improvement District (BID) Law of 1994. Several benefits to changing the BID Law include the ability to tax lodging at a greater rate, as well as including “tourism facing businesses”. During the discussions with MCTC regarding the change from one BID to another, it was noted that several County Departments would need to be involved and/or release confidential data. County staff determined it would be more appropriate to enter into a three-party agreement to cover the transition process, including the County, and in which MCTC would be responsible for all payments to Civitas.
On September 26, 2023, the County of Mendocino Board of Supervisors (BOS) approved Agreement No. BOS-23-171 with Civitas and MCTC in the amount of $76,500, to provide services to assist with the formation of a BID pursuant to the Parking and Business Improvement District Law of 1994, and disestablishment of the existing Mendocino County Lodging Business Improvement District. Through the Agreement, Civitas provides services to the County, and MCTC is solely responsible for payment of all services rendered by Civitas to the County. The proposed Amendment to Agreement No. BOS-23-171 increases the total amount by $63,750, for a new total of $140,250, and extends the end date from August 31, 2024 to June 30, 2025. Once the proposed Amendment is executed, it will be effective for the full term of the Agreement, from September 1, 2023 to June 30, 2025.
The proposed Amendment is retroactive because due to unforeseen circumstances close to the end date of the first contract that time is needed to continue work on the formation of a Business Improvement District Pursuant to the Parking and Business Improvement District Law of 1994, and disestablishment of the existing Mendocino County Lodging Business Improvement District.
Alternative Action/Motion:
Return to staff for alternative handling.
Strategic Plan Priority Designation: A Thriving Economy
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: www.visitmendocino.com <http://www.visitmendocino.com>
Fiscal Details:
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source of funding: Mendocino County Tourism Commission |
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current f/y cost: MCTC is responsible for all payments to Civitas. |
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budget clarification: Three party agreement with costs incurred by Mendocino County Tourism Commission. |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: No |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Referred Back to Department with Direction |
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Date: October 8, 2024 |
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