Loading...
R2006-034 02-27-06 RESOLUTION NO. R2006-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A FUNDING AGREEMENT WITH THE PEARLAND AREA CHAMBER OF COMMERCE (MARKETING AND TOURISM MANAGEMENT). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain agreement 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 an agreement with the Pearland Area Chamber of Commerce PASSED, APPROVED and ADOPTED this the 27th day of February A.D., 2006. c- }6>W ~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: (Ja--:. It ~ DARRIN M. COKER CITY ATTORNEY Resolution 2006-34 MARKETING AND TOURISM MANAGEMENT AGREEMENT This agreement is made by and between the City of Pearland, Texas, a municipal corporation of Brazoria County, Texas (hereinafter "City") and the Pearland Area Chamber of Commerce, (hereinafter "Chamber"). 1. The City by authority of powers granted to it under state statutes and its home-rule charter, has heretofore 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 statutes (primarily V.A.T.S. T ax 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 of its vicinity; (3) Coordination of marketing, advertising, solicitation and promotional programs with appropriate City departments, hotels/motels, restaurants, entertainment facilities and other businesses 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, tourists, 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 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. 2 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 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 materials necessary to accomplish the purposes of this 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 to 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 3 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. This agreement shall be effective the 15th day of February, 2006, 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 may be assigned or delegated with the prior written consent of the other party, and any attempted assignment of benefits or rights or delegation of duties or 4 obligation shall be a breach of this Agreement. However, 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 operations 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 15th day of February 2006. """utll"11 ,,":.c::. b.RL4AJ 'I"," ~'_(" ~ ';'~7.." "D "~ SO CJ'~'" .../ ~~~ --.~.. .. ~ :1-...1 .~-: -0- '- = . . ,^- _ . . v'_ - . . - - . .- ~. ... ,;... Q7. S ~ .... 'ir . ;: ~ ....... ~ ~ ~ "'" ~"... "'" '" \\\,\: ::YO~AS Bil Isen, City Manager P~~~R OF COMMERCE Lho\ (2 GtA '~ ~ree?e'aux,Chainnan of the Board Carol R. Artz, President "-. 5 '.f PROJECTED BUDGET FOR PEARLAND MARKETING PLAN 2005 2006 rill'\ Budget Proposed Administration Salaries: Coordinator Salary $ 50,000 $ 38,000 Office Assistant $ - $ 17,000 Insurance-Health $ - $ 5,300 Payroll Taxes $ - $ 5,500 Retirement Plan $ - $ 1,200 • Workers Comp $ 250 $ -416 Total Administration $ 50,000 $ 67,416 Operations Computer Expense $ - $ 2,000 Office Supplies $ 3,000 $ 2,670 Insurance-Building $ - $ 670 Property Taxes $ - $ - • Telephone $ 1,000 $ 1,500 Postage $ - $ 1,670 Auto Expenses $ - $ 670 Cell $ 1,000 $ - Legal/Accounting $ 2,000 $ 3,333 Utilities $ - $ 1,900 Janitorial/Lawncare $ - $ 670 Sales Tax on Taxable Sales * $ - Repairs/Maintenance $ - $ 1,600 Equipment/Maintenance $ 2,000 $ 1,671 Total Operations $ 9,000 $ 18,354 Dues,Fees Subscriptions Tx Hotel&Motel Assn $ 280 $ 280 Tx.Assoc C V B $ 300 $ 300 Tx Trave Industry Assn $ 250 $ 250 Pearland Rotary Club $ - $ 250 Total Dues,Fees Subscriptions $ 830 $ 1,080 Professional Development TACVB Annual Conference $ 1,000 $ 1,500 TACVB Mid-Winter Conference $ 700 $ 700 • Travel Summit/Texan Rally $ - $ -Texas Tourism/Unity Dinner $ - $ - Leadership Peadand $ - $ - Texas Independence Trail Assoc,Wor $ - $ 100 Toastmasters-United Space Alliance $ - $ 100 Total Professional Development $ 1,700 $ 2,400 Convention Sales&Services Sales Calls/Visits/Bids • $ 800 $ 2,000 Display $ 1,500 $ - Signs,Banners,Copies $ 500 $ 500 Convention Bags $ 500 $ 1,000 Convention Decorating $ - $ - Conference Mailings $ 200 $ 250 Total Convention Services $ 3,500 $ 3,750 Sports Marketing Marketing Video $ - Advertising/Trade Pub $ - Total Sports Marketing $ - $ - PROJECTED BUDGET FOR PEARLAND MARKETING PLAN Advertising Brochures Expense $ 10,000 $ 10,000 Specialty Shops $ - $ - 1 Coupons $ - $ - Total Advertising $ 10,000 $ 10,000 Travel&Trade shows Harris Co.Precinct Show $ - AAA Travel&Cruise Show $ - Houston Travel&Leisure $ - Co-Op Show-Ft Worth $ - McAllen Intl.Travel Show $ - Misc.Trade Shows $ - Mileage Expenses $ - Booth Supplies $ - Identify Travel and Trade Show Market$ 3,000 $ 2,100 Total Travel&Trade Shows $ 3,000 $ 2,100 Promotional Supplies Golf Tees,Ink Pens,etc. $ 3,000 $ 2,000 Lapel Pens $ 2,000 $ 1,500 Total Promotional Supplies $ 5,000 $ 3,500 Ad Placement&Development Photo Development/Video $ - $ - Misc.Newsp,Mag,Cabl $ - $ - Tx Accomm Guide(1x) $ - $ 3,500 Guide to Brazoria County(1x) $ - $ 750 East Texas Vacation Guide(1x) $ - $ 2,300 Convention South(1x) $ - $ 2,300 Texs Highways(1x-Co-op) $ - $ 750 Web Advertising $ - $ - Winter Texas Magazine $ - $ - Special Event Ads $ $ - Community Festival $ - $ 2,000 Outdoor Billboards $ - $ - Stationery $ - $ - Direct Mail Postage $ - $ - Identify Ad Placement&Development $ 5,000 $ 3,000 Total Ad Placemnet&Development $ 5,000 $ 14,600 Visitor Services Brochure Rack Maintenance $ - $ 500 Tourism Week $ - $ 300 Volunteer Appreciation $ - $ 500 Hospitality Training Program $ - Web Development $ - $ 500 Total Visitor Services $ - $ 1,800 Total Expenses $ 88,280 $ 88,030 $ 125,000 $ 125,000 •Bryan Roller started as CVB Coordinator on June 20,2005 "To be determined in 2005 PEARLAND CONVENTION AND VISITORS BUREAU MARKETING AND TOURISM MANAGEMENT AGREEMENT 2006 BUDGET INCREASES ADMINISTRATIVE SALARIES We are requesting an increase in administrative salaries and benefits for the 2006 Convention and Visitors Bureau budget to facilitate the hiring of a part-time office assistant to assist the CVB Coordinator in covering the increased volume of calls that is currently being handled by an administrative assistant in the Chamber of Commerce office. This volume of calls will increase as the CVB continues to expand its marketing reach and implements a toll-free number(such as 1-87PEARLAND)to handle both tourism and convention sales calls. OPERATIONS As the CVB continues to grow operational expenses such as computer, office supply, and postage expenses will grow. At this time the Pearland Chamber of Commerce and the Convention and Visitors Bureau lease laptops through Dell, rather than an outright purchase. These expenses plus annual fees for antivirus and firewall protection safeguard data and sensitive materials as the computer is used on wireless systems on business and educational trips. This also includes yearly fees for the TXMET meetings database from the Texas Association of Convention and Visitor Bureau. Other operational expenses incurred by the CVB include one-third of the facilities telephone,utilities, lawncare and maintenance fees. The Pearland Chamber of Commerce is actively pursuing a new facility to house the expanded staff and services that are being offered through Chamber of Commerce and the Convention and Visitors Bureau. We request the option of reappearing before the Pearland City Council to request additional funding to house the CVB when this occurs. Tentative plans call for a 1,250 to 1,500 square foot combined visitors center and office space at approximately$22,500 to $27,000 per year. PROFESSIONAL DEVELOPMENT As we grow and expand there are opportunities for promoting our community that require round-trip air travel, as well as professional development. AD DEVELOPMENT & PLACEMENT The Ad development&placement budget includes layout and design for ads to be placed in Texas Accommodations Guide, Guide to Brazoria County, East Texas Vacation Guide, and a Co-op opportunity in Texas Highways magazine and additional media as it is identified. This also includes dedicated advertising funds for the 2006 Kickoff of the Pearland Music &Food Festival scheduled for the second weekend of May in 2007. VISITOR SERVICES Pearland will continue to grow and draw more visitors. The challenge will be, as we obtain new properties to promote, to maintain brochures throughout State, Regional and local visitors centers throughout Texas and surrounding states. There will also be an increased new to extend appreciation to the volunteers who welcome and provide assistance to the guests and groups that choose Pearland as their convention or vacation destination. This also includes funding for annual maintenance of the "Visit Pearland" visitor information website.