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R2009-202 - 2010-02-01 RESOLUTION NO. R2009 -202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A DESTINATION MARKETING AGREEMENT WITH THE PEARLAND CHAMBER OF COMMERCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Destination Marketing Agreement by and between the City of Pearland and the Pearland 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 Destination Marketing Agreement with the Pearland Chamber of Commerce. PASSED, APPROVED and ADOPTED this the 1 day of February, A.D., 2010. 24:4 REID MAYOR ATTEST: YSE$1*TARY/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009 -202 DESTINATION MARKETING AGREEMENT This agreement is made by and between the City of Pearland, Texas, municipal corporation of Brazoria County, Texas (hereinafter "City and the Pearland 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 1 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 2 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. 3 The Chamber shall maintain complete and accurate financial record 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 1st day of October, 2009, and shall continue in force for a period of one year or unless either the City or Chamber terminate the agreement by providing the other party 90 days prior written notice in the manner provided herein. 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 Chamber of Commerce, 6117 Broadway, 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, 4 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 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 1st day of February 2010. CITY OF PEA ND, TEXAS BY: f. J Bill isen, City Manager ATTEST: Qti a ay�s St C it ecret -,J.--- PEARLAND CHAMBER OF COMMERCE e H/ei‘4, 041,(b Alan Mueller Carol R. Artz Chairman of the Board President/CEO 5 2009-2010 Destination Marketing Budget Expense Category 2008-2009 Budget 2009-2010 Budget Variance Administrative Expenses $94400 00 $134;700'00 $(40,300.00) Operating Expenses $50,650 00 $32300 00 $18,350.00 Dues,Fees&Subscriptions TX Hotel&Motel Assoc. $4,0:00 00 $8 000,00 $(4,000.00) TX Assoc. CVB ::$500.00 $70M00. $(200.00) TX Travel Industry Assoc. $300 00 := $:400"00 $(100.00) Public Relations 32 000 00 << $4 000.00 $(2,000.00) TOTAL $68.00 00 _ " $1,3100:00 $(6,300.00) Professional Development Staff Training $5000:00 : $7.-000:00 $(2,000.00) Convention Sales&Services Sales Calls/Visits/Bids $1:000 00 $7.000 00 $(6,000.00) Display: $500 00 $500:00 $0.00 Signs, Banners, Copies - :$500 00 « $5000:0 $0,00 Convention/Event Servicing $2 000 00 _ „$4,000 00 $(2,000.00) TOTAL 44000 00 ,$12;00000 $(8,000.00) Advertising Magazine/Newspaper $15 000A0 $1,5,'000 00 $0.00 'Community Festival r ;$0 00 "' $5,000 00 '$(5,000.00) TOTAL $1:5 000 00 `= _-i'$20;000 00 $(6,000.00) Sports Marketing Sports Marketing/Bid Fees $2000 00 $10,00000 $(8,000.00) Collateral Materials Brochure Expense `$1`3 000 00 $20;000 00 $(7,000.00) Brochures Development $2 000 00 ., ,`$2,000 00 $0.00 Coupons f$0 00 =_, :$0.00 $0.00 TOTAL $1000 00 - $22;00000 $(7,000.00) Travel&Trade Shows Brazoria Co;Tourism Council = $7 000 00 ;m 1.$5 000 00 $2,000.00 Promotional Supplies GiveawaysNIP Gifts $4000100 $5 000.00 $(1,000.00) Visitor Services Brochure Rack Maintenance • ' ' ;.: $140000 $(500.00) Volunteer Appreciation - 0 00 50070 0 0 $(500.00) Website Development ; ;$2,000.00 ---;:-7$5i00100 $(3,000.00) TOTAL $3;000;00 r•$7000:00 $(4,000.00) Total Expenset $206,850.00 $268,100.00 $(61,250.00)