R2007-146 2007-09-24
RESOLUTION NO. R2007-146
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 "An
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 24th day of 1:2mber, A.D., 2007.
c----~onu ~
TOM REID
MAYOR
ATTEST:
~
UNG FI, MC
TY S CRETA Y
APPROVED AS TO FORM:
cD a..-:: /(. Ck--
DARRIN M. COKER -
CITY ATTORNEY
Exhibit "A"
Resolution No. R2007 -146
07 -0066
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 Pearl and, 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. In exchange for said
services, City agrees to pay the Chamber an amount equal to the total annual budget
attached hereto as Exhibit "A". Any amounts paid to the Chamber pursuant to this
Agreement shall be made in equal monthly payments and paid on or before the first of
each month.
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;
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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 p~blications 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
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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
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 ajoint 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 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
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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 151 day of October, 2007, and shall continue in
force for a period of one year or until either the City or the Chamber shall, upon
affording two (2) 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.
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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,
nothing in this Agreement shall prohibit the Chamber from participating with local,
regional, or state tourism or to contract for joint promotion with oth~r 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 24 th
day of
September
,2007.
CITY OF PE~' TEXAS
BY: ~ - ~
Bill Eisen, City Manager
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PEARLAND AREA CHAMBER OF COMMERCE
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Salaries:
Director Salary $ 38,000 $ 47,000
Contract Labor $ 17,000 $ 24,000
I nsu rance-Health $ 5,300 $ 6,000
Payroll Taxes $ 5,500 $ 4,700
Retirement Plan $ 1,200 $ 5,000
Workers Comp $ 416 $ 1 ,400
Total Administration $ 67,416 $ 88,100
Operations
Auto Expenses $ 670 $ 300
Computer Expense $ 2,000 $ 1,000
Credit Card Fees $ $
~Electricity $ 1,700 $ 2,100
iE'q u ipment/Maintenance $ 1,671 $ 2,000
Insurance-Building $ 670 $ 500
Janitorial/Lawncare $ 670 $ 1,150
Legal! Accou nting $ 3,333 $ 1,000
Meetings/Retreats $ $ 500
Office Supplies $ 2,670 $ 2,750
Postage $ 1,670 $ 4,000
Property Taxes ** $ $ 150
Public Relations $ $ 250
Repairs/Maintenance $ 1,600 $ 2,000
Sales Tax on Taxable Sales * $ $
Telephone $ 1,500 $ 2,000
Water $ 200 $ 200
Total Operations $ 18,354 $ 19,900
'Dues, Fees Subscriptions
Tx Hotel & Motel Assn $ 1,080 $ 3,000
Tx. Assoc C V B $ 350
Tx Trave Industry Assn $ 300
Public Relations $ 2,000
Total Dues, Fees Subscriptions $ 1,080
$ 5,650
Professional Development
Staff Training $ 2,400 $ 5,000
Total Professional Development $ 2,400 $ 5,000
Convention Sales & Services
Sales CallsNisits/Bids $ 2,000 $ 1,000
Display $ $ 1,000
Signs, Banners, Copies $ 500 $ 250
Convention Bags $ 1,000 $ 2,000
.Convention Servicing $ $ 2,500
Total Convention Services $ 3,750 $ 6,750
Sports Marketing
Sports Marketing/Bid Fees $ $ 4,000
Total Sports Marketing $ 4,000
Advertising
Brochures Expense $ 10,000 $ 15,000
Brochures Development $ $ 1,000
Coupons $ $
Total Advertising $ 10,000 $ 16,000
Travel & Trade shows
Participated in four (4) travel shows $ 2,100 $ 3,000
as a member of the Brazoria Co.
Tourism Council
Total Travel & Trade Shows $ 2,100 $ 3,000
Promotional Supplies
Promotional Items $ 1,000 $ 3,000
Convention Bags $ 1,000 $ 1,500
Lapel Pens $ 1,500 $ 1,000
Community Festival $ $
Total Promotional Supplies $ 3,500 $ 5,500
Ad Placement & Development
Newspaper/Magazine Advertising $ 14,600 $ 17,500
T.X Events Calendar (4x)
Guide to Brazoria County (1x)
Texs Highways (2x - Co-op)
Community Festival
Total Ad Placemnet & Development $ 14,600 $ 17,500
Visitor Services
Brochure Rack Maintenance $ 500 $ 800
Tourism Week $ 300 $
Volunteer Appreciation $ 500 $ 500
Hospitality Training Program $ $
Web Development $ 500 $ 2,000
Total Visitor Services $ 1,800 $ $ 3,300
Total Expenses $ 125,000 $ 165,050