R2010-151 - 2010-11-22 RESOLUTION NO. R2010 -151
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 22 day of November, A.D., 2010.
cz=>1-n r
TOM REID
MAYOR
ATTEST:
‘ ( ' am=
SONIA WEBB `' "
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "Y'
Resolution No. R201'0-1
III
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.
11.
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 in.cetings, groups, conventions and visitors to the municipality;
3) Coordination of marketing, advertising, solicitation and promotional prograins
with appropriate City departments, hotels/motels, restaurants, entertalinnent
1
facilities and other business to ensure a productive and pleasant experience for
visitors to the City; and
ff"
'I'he 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.
MW
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
N
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.
0
The Chamber shall secure sufficient nurnbers of employees to accomplish this
Agreen The Chamber shall further provide such office space, equipment,
supplies and other material necessary to accomplish the purposes of the Agreement.
V1.
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 tron 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.
No
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.
vil.
The Agreement shall be effective the I st day of October, 2010, 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 D. r.,
Pearland, Texas, 77581, or to the Pearland Chamber of Commerce, 6117 Broadway,
Pearland, Texas, 7758 1, or such other address as either party may designate in writing
to the other party,
M
No part of this Agreement my be assigned or delegated without the prior written
consent of the other party, and any attempted assigmnent of benefits or rights or
delegation of duties or obligation shall be a breach of this Agreement. However,
4
nothing in this Agreernent shall prohibit the Chamber from participating with local,
regional, or state tourism or to contract for joint promotion with other agencies.
a
The Chamber agrees to indemnify, save harmless and defend the City from any
and all clairns, 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 Chaniber owns no automobiles, and
any use of an automobile in the operation embraced by this Agreement shall be by the
Char nber as an independent contractor, and not as an agent or employee of the City.
0
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 22" day of November, 2010.
CITY OF P D TEXAS
BY:
Bill Eisen, City Manager
ASST
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M1 d
Cio;cr
PEARLAND CHAMBER OF COMMERCE
Alan Mueller
Chairman of the Board
I
Carol Artz-Bucek
President/CEO
EXHIBIT "A"
Resolution R2010-151
Pearland Destination Marketing
2010-2011 Mairketing Budget
Advertising
Advertising Payroll
2010-2011
Administration
15,588,00
Contract Labor
500.00
Insurance Disability
959.87
Insurance Health
9,371.63
Insurance Workers Compensation
382.00
PAYROLL
28,726.44
Auto Allowance
2,099.92
Paychex Expense
836.14
Payroll Taxes
8,422.09
Retirement Plan
3,608,14
Salaries Wages
22,41830
ADMINISTRATION TOTAL
48,098.07
Advertising
Advertising Payroll
10,070-30
Meeting Planners (Print)
15,588,00
Houston Meeting Planners Guide
Convention South Listing
MPI 2010 Meeting Guide to Texas,
Meetings Events Houston Directory
10,000.00
On-Line (e -mail, social media, internet)
28,726.44
Web Upgrades Development
Convention South Listing
Exact Target/Vertical Response/Constant Contact
AJR Monthly Facebook Twitter Package
5,000.00
Tourism (Print)
6,90100
Texas State Travel Guide
TourTexas.com (3-months)
TexasHighways.com
ADVERTISING TOTAL
61,286.74
Communications
Advertising Sponsorships 510-00
Magazines Maps 460.00
Newsletter 2,700.00
COMMUNICATIONS TOTAL 3,670.00
Convention Sales Service
Sales Services Payroll
26,738.08
Sales Calls, Visits, Bids
9,000.00
Bid Fees
State Association Sales Blitz (Austin)
FFA Teachers Association Sponsorship
Convention /Event Servicing
10,000.00
Sports Marketing
10,000,00
Sports Marketing/Bid Fees
TACVB Sports Facility Guide
TACVB Team Texas Sports Marketing Co-Op
Travel Trade Shows
5,000.00
AAA Travel Shows (Houston, Ft. Worth, Dallas)
TTIA Travel Faur
TACVB Co-Op Lousiana Oklahoma Shows
CONVENTION SALES SERVICE TOTAL 60,738,08
Dues, Fees, Subscriptions
Texas Hotel Lodging Association Dues 7,000.00
Professional Organization Dues (TACVB, MA, TSAE) 1,500.00
Public Relations 600.00
DUES, FEES SUBSCRIPTIONS TOTAL 9,100.00
Operations
Auto Rental
400.00
Computer
1,000.00
Periphal
Service
Software
Dues, Fees, Subscriptions
950.00
Equipment/Furniture
Copier Lease
1,050.00
Copies
500.00
Furniture
Legal Accounting Payroll
29,014.15
Postage
363.26
Public Relations
Repairs Maintenance
Building Repair
Lawn Maintenance
1,112.96
Office Cleaning
3,654.00
Pest Control
419 96
Security Services
515.00
Supplies
Office Supplies
1,000.00
Kitchen, Supplies
250.00
Telephone
Land Line
1,394.44
Mobile
2,528.57
Satellite Service
434.07
Utilities
Electricity
4,293.45
Water
462.29
OPERATIONS TOTAL
45,442.14
Professional Development
Board
300.00
Staff
7,000.00
PROFESSIONAL DEVELOPMENT TOTAL
7,300.00
Visitor Center
Visitor Center Payroll 13,964.,96
Visitor Services 5
Giveaways/VIP Gifts (Promotional)
Brochure Rack Maintenance
Collateral Materials
Brochure Printing 10,000.00
Brochure Development 3,000.00
VISITOR CENTER TOTAL 32,464,96
TOTAL MARKETING BUDGET 268,100.00