R2005-0040 02-14-05 RESOLUTION NO. R2005-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH THE PEARLAND AREA CHAMBER OF
COMMERCE FOR MARKETING AND TOURISM SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and the
Pearland Area Chamber of Commerce, a copy of which is attached hereto as Exhibit "A"
and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with the Pearland Area Chamber of Commerce,
for Marketing and Tourism Services.
PASSED, APPROVED and ADOPTED this the 14th day of February ,
A.D., 2005.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. 2005-40
MARKETING AND TOURISM MANAGEMENT AGREEMENT
This agreement is made by and between the City of Pearland, Texas, municipal
corporation of Brazoria County, Texas (hereinafter "City") and the Pearland Area
Chamber of Commerce, (hereinafter "Chamber").
I.
The City by authority of powers granted to it under state statutes and its homerule
charter, has previously enacted a hotel occupancy tax on occupants of hotels within the
City of Pearland, Texas.
II.
As part of its obligation and discretionary powers under state statues (primarily
V.A.T.S. Tax Code, Section 351.101) to use hotel occupancy tax funds for attracting and
promoting tourism and the convention and hotel industry, the city hereby agrees to
employ the Chamber to advertise and promote tourism, and the convention and hotel
industry of the City under the terms and conditions set forth herein.
The Chamber agrees that any occupancy tax funds paid to it by the City shall be
used only in the following specific areas:
1) The furnishing of facilities, personnel, exhibits and materials for the purpose of
attracting visitors, meetings, groups and other events;
2) Development of marketing, advertising, solicitation and promotional programs to
attract meetings, groups, conventions and visitors to the municipality;
3) Coordination of marketing, advertising, solicitation and promotional programs
with appropriate City departments, hotels/motels, restaurants, entertainment
facilities and other business to ensure a productive and pleasant experience for
visitors to the City; and
III.
The Chamber agrees to conduct a continuing program of advertising and
promotion for the purpose of attracting visitors, tourist, and conventions to the city by
publishing and distributing brochures and community information packets, by
advertising in various tourist publications and general media publications which are
appropriate, by participating with state and regional agencies in tourist development
programs of benefit to the City, and by using all appropriate means to increase the
traveling public's awareness of the resort and recreational advantages of the City.
The Chamber further agrees that it will seek to achieve the purposes of the statute
for the City through all of the above activities, that it will distribute visitor literature
to Texas Travel Information Centers, Intercontinental and Hobby Airports and other
locations. The Chamber shall advertise the City in various tourist publications and
other general publication, and participate with state and regional agencies such as the
Texas Department of Commerce, Texas Association of Convention and Visitor's
Bureaus, Texas Travel Industry Association, Greater Houston Partnership, the
Economic Development Alliance of Brazoria County, The Alliance Port Houston
Region, Brazoria County Council of Chambers to ensure continued and expanded
favorable publicity about the City.
IV.
It is expressly understood and agreed by and between the parties that the Chamber
is hired and engaged as an independent contractor and is not an officer, agent, or
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employee of the City. The Chamber shall have exclusive control of its operations
hereunder, and the persons performing same, and shall be solely responsible for the
acts and omissions of its officers, agents, employees, contractors and subcontractors,
the doctrine of respondent superior shall not apply as between City and Chamber, its
officers, agents, employees, contractors and subcontractors and nothing herein shall
be constructed as creating a joint enterprise between City and Chamber.
V.
The Chamber shall secure sufficient numbers of employees to accomplish this
Agreement. The Chamber shall further provide such office space, equipment,
supplies and other material necessary to accomplish the purposes of the Agreement.
VI.
The Chamber shall carry out the responsibilities required by this agreement in
accordance with the budget attached to this agreement as Exhibit "A". It is
understood and agreed by and between the parties that, upon budget approval by the
City, a fiduciary duty is created in the Chamber with respect to the expenditure of
revenue provided.
Thereafter, the Chamber shall provide the City Council periodic reports on a
quarterly basis, on the activities that are conducted to benefit the City as well as an
annual financial statement listing the expenditures made from revenue from the
occupancy tax. It is further agreed by the Chamber that it shall maintain said revenue
in a separate account established for that purpose, and that it shall not commingle that
revenue with any other money or maintain it in any other account.
The Chamber shall maintain complete and accurate financial records of each
expenditure of occupancy tax revenue and, upon request of the City Council, City
Manager or his authorized representative, shall make the records available for
inspection and review.
VII.
The Agreement shall be effective the 15th day of February, 2005, and shall continue
in force for a period of one year or until either the City or the Chamber shall, upon
affording two month prior written notice in the manner herein below provided, have
the option to terminate this Agreement at any time. Upon termination of this contract
for any reason, the Chamber shall deliver to the City all funds remaining on hand, if
any, after payment of all obligations incurred prior to notice of termination of this
Agreement.
VIII.
Any notice necessary or appropriate relative to this Agreement shall be effective
when deposited in the United States mails, certified mail, postage prepaid and
addressed to the City Manager, City of Pearland, City Hall, 3519 Liberty Dr.,
Pearland, Texas, 77581, or to the Pearland Area Chamber of Commerce, 3501 Liberty
Dr., Pearland, Texas, 77581, or such other address as either party may designate in
writing to the other party.
IX.
No part of this Agreement my be assigned or delegated without the prior written
consent of the other party, and any attempted assignment of benefits or rights or
delegation of duties or obligation shall be a breach of this Agreement. However,
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nothing in this Agreement shall prohibit the Chamber from participating with local,
regional, or state tourism or to contract for joint promotion with other agencies.
X.
The Chamber agrees to indemnify, save harmless and defend the City from any
and all claims, causes of action and damages of every kind arising from the
operations of the Pearland Area Chamber of Commerce, its officers, agents and
employees carried out in furtherance of this agreement. The Chamber owns no
automobiles, and any use of an automobile in the operation embraced by this
Agreement shall be by the Chamber as an independent contractor, and not as an agent
or employee of the City.
XI.
This Agreement shall be subject to the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this agreement by their duly
authorized officers on this 15~ch day of February/ ,2005.
CITY OF ~
BY: . .
Bill Eisen, City Manager
PEARLAND AREA CHAMBER OF COMMERCE
Chairman of the Bo~d
President
Exhibit "A"
(Contract)
PROJECTED BUDGET FOR PEARLAND MARKETINGPI~AN
Travel & Trade shows
Harris Co. Precinct Show
Houston Travel & Leisure
Co-Op Show - Ft Worth
McAIlen Intl. Travel Show
Misc. Trade Shows
Mileage Expenses
Booth Supplies
Identify Travel and Trade Show Market $ 3,000
Total Travel & Trade Shows $ 3,000
Promotional Supplies
Golf Tees, Ink Pens, etc. $ 3,000
Lapel Pens $ 2,000
Total Promotional Supplies $ 5,000
Ad Placement & Development
Photo Development/Video
Misc. Newsp, Mag, Cabl
Tx Accomm Guide
Web Advertising
Winter Texas Magazine
Special Event Ads
Community Festival
Outdoor Billboards
Stationery
Direct Mail Postage
Identify Ad Placement & Development $ 5,000
Total Ad Placemnet & Development $ 5,000
Visitor Services
Brochure Rack Maintenance
Tourism Week
Volunteer Appreciation
Hospitality Training Program
Web Development
Total Visitor Services $
Total Expenses $ 88,280 $ 88,280
*Determined as items are sold
**To be determined in 2005
Exhibit "A"
(Contract)
PROJECTED BUDGET FOR PEARLAND MARKETING PLAN
.2005.
Proposed
Administration
Salaries:
Director Salary $ 50,000
Office Asst
Total Administration $ 50,000
Operations
Audit $ 2,000
Office Supplies $ 3,000
Insurance
Workers Comp $ 250
Property Taxes **
Telephone $ 1,000
Cell $ 1,000
Utilities
Janitorial/Lawncare
Sales Tax on Taxable Sales *
Equipment/Maintenance $ 2,000
Total Operations $ 9,250
Dues, Fees Subscriptions
Tx Hotel & Motel Assn $ 280
Tx. Assoc C V B $ 300
Tx Trove Industry Assn $ 250
Total Dues, Fees Subscriptions $ 830
Professional Development
TACVB Annual Conference $ 1,000
TACVB Fall/Spring Seminar $ 700
Travel Summit/Texan Rally
Total Professional Development. $ 1,700
Convention Sales & Services
Sales Calls/Visits/Bids $ 800
Display $ 1,500
Signs, Banners, Copies $ 500
Convention Bags $ 500
Convention Decorating
Conference Mailings $ 200
Total Convention Services $ 3,500
Sports Marketing
Marketing Video
Advertising/Trade Pub
Total Sports Marketing $
Advertising
Accomodations Guide $ 10,000
Specialty Shops
Coupons
Total Advertising $ 10,000