Loading...
HomeMy WebLinkAboutRES 83-027 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with the Beaumont Chamber of Commerce for operation of a convention and visitors bureau, substantially in the form attached as Exhibit "A" , to provide funding of the Convention and Visitors Bureau for the eight ( 8 ) month period of February 1 , 1983 to September 30 , 1983 in the amount of $273 ,000 .00 . PASSED THE CITY COUNCIL of they City of Beaumont this the day of Mayor - THE STATE OF TEXAS � COUNTY OF JEFFERSON THIS AGREEMENT, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation, hereinafter called "City" , acting herein by and through its duly authorized City Manager, and the Beaumont Chamber of Commerce, a nonprofit corporation, hereinafter called "Chamber." , acting herein by and through its duly authorized representative . WHEREAS, the City Council of the City of Beaumont has enacted an ordinance levying a tax of four percent ( 4% ) upon hotel and motel occupancy within the City; and, WHEREAS, the City of Beaumont desires that a portion of the proceeds derived from said hotel and motel occupancy tax as available as set out herein, be used for the promotion, solicitation, encouragement and development of tourism and conventions for the City of Beaumont; NOW, THEREFORE, in consideration of the premises herein, the City and the Chamber hereby agree as follows : 1 . City does hereby employ, engage and hire Chamber to manage and operate a Convention and Visitors Bureau and to render the services herein contemplated , and the Chamber does hereby agree to accept such hiring , engagement, and employment and to discharge such duties in accordance with the terms and conditions herein set forth. 2 . The Chamber is hired and engaged as an independent contractor and is not an officer, agent or employee of the City. 3 . The Convention and Visitors Bureau, to be managed and operated by the Chamber, shall encourage, promote and solicit tourism and conventions for the City of Beaumont. 4 . To assist the Convention and Visitors Bureau in encouraging , promoting and soliciting tourism and conventions for p�Z7 EXHIBIT "A" the City of Beaumont, the Chamber shall appoint annually an advisory Board of Convention and Tourism Activities composed of at least six ( 6 ) members, three ( 3 ) of whom must be engaged in the hotel-motel , food or hospitality industry. The Board of Convention and Tourism Activities shall perform, among others, the following functions: A. It shall encourage and promote the development of tourism and conventions in the City of Beaumont. B. It shall recommend to the Chamber and its Convention and Visitors Bureau, projects and programs to promote, encourage and solicit tourism and conventions for the City of Beaumont. C . It shall advise and assist the Chamber in the preparation of the annual budget of the Convention and Visitors Bureau. 5 . The Chamber shall hire and employ a manager of the Convention and Visitors Bureau. Said Manager shall be a full-time employee of the Chamber and shall devote his time to the promotion and solicitation of tourism and conventions for the City of Beaumont. The Chamber shall provide, on a pro-rata basis, such office, space, equipment and secretarial assistance as may be necessary for the operation of the Convention and Visitors Bureau. 6 . City will pay to the Chamber the maximum amount of $273 ,000 .00 for the period of February 1 , 1983 to September 30 , 1983 . All payments herein are to be made from funds as available and as collected from the hotel occupancy tax. 7 . The City shall pay to the Chamber only the amount actually expended in furtherance of the activities of the Convention and Visitors Bureau as approved herein. Expenditures made for other purposes will not be reimbursed . - 2 - Convention and Visitors Bureau as approved herein. Expenditures made for other purposes will not be reimbursed . 8 . No expenditure may be made by the Convention and Visitors Bureau or by its manager or employees unless such expenditure shall first be approved by the President of the Chamber. 9. The City Manager, or his designated representative , shall, upon reasonable notice, have the right to inspect all books and records of the Convention and Visitors Bureau. Chamber shall furnish to City on an annual basis a certified audit of the activities of the Convention and Visitors Bureau prepared by an independent certified public accountant. 10 . It is expressly understood and agreed by the City and the Chamber that all funds received from the hotel-motel occupancy tax that are paid to the Chamber shall be used solely for the purpose of encouraging, promoting and soliciting conventions and tourism for the City of Beaumont. 11 . It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty ( 30) days in advance. 12. Upon termination of this agreement, unless it be renewed, the Chamber shall deliver to the City all funds derived from the hotel-motel occupancy tax that it may have and all removable personal property that may have been purchased with funds derived from said tax. 13 . The Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action, and damages of every kind arising from the operations of the Chamber, its officers, agents and employees including the 3 - Convention and Visitors Bureau and its officer, agents, and employees, carried out in furtherance of this agreement and specifically including any and all acts of negligence by the City of Beaumont, its agents, officers and employees. Chamber shall carry or cause to be carried general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of $500,000 for each occurrence, and property damage liability insurance in the amount of $25, 000 for each occurrence. The Chamber shall also procure contractual liability insurance in the same amounts, the cost of said insurance policies to be an expense of the Convention and Visitors Bureau. Said policies of insurance must be approved by the City and must be written by companies acceptable to the City. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof must be filed with the City Clerk , or his designated representative before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of 1983 . CITY OF BEAUMONT ATTEST: By: City Manager "CITY" By: City Clerk BEAUMONT CHAMBER OF COMMERCE ATTEST: By: Executive Vice-President "CHAMBER" By: - 4 -