R-2012-144-2012-10-08 RESOLUTION NO. R2012-144
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 8th day of October, A.D., 2012.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
NG IEM V. DOAN
DEPUTY CITY ATTORNEY
Exhibit"A"
Resolution No. R2012-144
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 351.1 01) 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 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 1st day of October, 2012, and shall continue
in force for a period of twelve (12) months 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 expenditure of funds in a manner other than as approved in the budget shall
require an amendment to the budget to be submitted to and approved by the City prior to
the expenditure.
IX.
The activities of the Chamber with respect to this contract will be governed by the
City Council of the City of Pearland until a decision on approving a Hotel Occupancy Tax
Board.
X.
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.
XI.
No part of this Agreement may 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 other agencies.
XII.
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.
XIII.
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 8th day of October, 2012.
CITY OF PEARLAND, TEXAS
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By: .z ir
Bill Eisen, C ty Manager
ATTEST:
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PE CHAMBER 0 COMMERCE
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y Carbone, Chairman of the Board Carol Artz-Bucek, President/CEO
APPROVED 2012-13 Destination Marketing Budget
2012-13 Itemized
INCOME
HOT Tax Request 385,530
Interest Income 15
Carry Forward 0
EXPENSES
Advertising/Marketing/Publicity 76,495
Advertising-Consumer/Leisure Markets: 0
TX Vacation Guide 6,900
Pearland Town Center Coupon Book 1,500
MAP Houston 4,700
Official Houston Visitors Guide 6,000
TourTexas.com 1,600
Certified Folder Brochure Service 2,250
Group Travel Leader(7 times- 1/6 pg. full color) 5,600
Advertising-Meeting/Convention Markets: 0
Texas Meetings and Events(4 issues- 1/6 page/full color) 4,120
ConventionSouth Annual Directory Listing 100
SportsEvents magazine(2-1/3 pg. ads& 1 1/2 pg. ad + added service) 4,870
Small Market Meetings(7 issues: 1/3 pg full color) 7,000
Marketing/Publicity: 0
Texas Hotel&Lodging Association Web Listings(all hotels on 3 sites) 5,355
Pearland Visitor DVD 5,000
Trade Show Booth Graphics 1,500
Media Blitzes& FAM Tours 1,500,
Promotional Items(Pens, pads, bags,trade show giveaways) 2,500
Pear Flavored Jelly Beans 750
Pearland Visitor Bags 5,000
Upcoming Co-op(TxDot, Brazoria Country, TEAMS,TTIA, etc...) 1,750
Website(rebuild and hosting) 8,500
Mileage/Tolls/Auto Allowances 2,250
Conventions/Seminars/Trade Shows 11,250
Quarterly Education Seminars- For Local Hospitality Partners 1,500
Travel Media Showcase 1,000
Texas Municipal League(2013 Registration Fees, Hotel &Exp.) 1,750
Small Market Meetings Trade Show 2,500
Southwest Showcase-TX Society of Assoc. Executives 2,500
S.P.O.R.T.S Planner Tradeshow 1,500
Other 500
Dues/Subscriptions 6,250
DMAI -Destination Marketing Organization Intl (July-June) 1,045
TACVB-Texas Association of CVB's(Oct-Sept) 600
TTIA-TX Travel Industry Association(Jan -Dec) 525
SGMP-Society of Government Meeting Planners- Houston Area 350
Greater Houston CVB 400
Meeting Professionals Intl Annual Membership-Houston Area 500
Houston Chronicle Annual Subscription 80
Pearland Old Townsite Coalition Membership 100
STR Hotel Preformance Reports 2,400
Other 250
Equipment&Software-Purchases &Repairs& Fees 7,075
Computer Maintenance 500
John Paradiso&Assoc. -Annual Infotrac Software Fees 2,520
Online Hotel Room Booking & Package System for Website 3,000
E-mail Service/Computer Backup/Bulk E-mail Distribution 555
Other 500
Event Recruitment/Grant Program 40,000
Management/Operations Fees &Services 173,790
Direct/Indirect Salaries, Payroll Taxes&Benefits 155,000
FEMA Flood Payments j 770
Electricity 3,000
Water 775
Satellite TV Service-Direct TV 420
Kitchen Supplies 500
Security System &Services 550
Pest Control 225
Office Cleaning 1,900
Lawn Maintenance 1,900
Accounting&Legal 5,000
Paychex Expenses 750
Insurance-General Liability, Directors&Officers Liability 3,000
Meeting Expense/Hospitality/Entertainment 3,350
Postage 3,700
Meter Postage- Registration packets,VG distribution and more 3,500
Postage Meter 200
Publications/Collateral Materials/Printing/Photo Processing 44,025
Pearland Visitors Guide(printing 75,000, design, etc...) 25,000
Pearland Meeting & Event Planners'Guide(3-ring binders) 1,250
Pearland Meeting & Event Planners'Guide Printed Tabs 400
Copy Machine Copy Fees 2,500
Destination Marketing Newsletter(entire hospitality industry) 7,125
Tear-off Visitor Maps 2,500
Direct Mail Collateral Materials 1,000
Stationary, Envelopes, Business Cards, etc. 1,750
Proposals/Presentations/Board Packets, etc. 500
Photo Library- Photographer, Processing, Copies, etc. 1,500
Other(Calendar of Events, Dining Guides, etc.) 500
Sponsorships 1,250
Pearland Classic Coaches Book 1,000
TISCA Water Polo Event 250
Staff/Board Development 11,750
DMAI (Destination Marketing Assoc. Intl)Annual Conference-July 1,500
TACVB(TX Assoc. of CVBs) Annual Conference-Aug. 1,750
TACVB Mid-Winter Conference-Jan. 1,000
TTIA(TX Travel Industry Assoc.)Conference 2,000
TTIA Unity Dinner-Legislative Year 1,500
Southeast Tourism Marketing College(1 week towards TMP cert.) 1,750
Destination Marketing Advisory Board Retreat 750
Brazoria County Day in Austin 500
Pearland Day in Austin 500
Other 500
Supplies(Office and General Supplies) 1,500
Telephone/Cell Phone/Fax/Internet/DSL 2,845
Landline Service 1,225
Cell Phone Service 1,200
Internet Service 420
385,530
4-h tN o49 p k
Claire Bogard/COP To Young Lorfing/COP@ci.pearland.tx.us, Maria
10/09/2012 01:02 PM Rodriguez/COP@ci.pearland.tx.us
cc
bcc
Subject Fw: Destination Marketing Contract
fyi
Claire Bogard
Director of Finance
City of Pearland, TX
Forwarded by Claire Bogard/COP on 10/09/2012 01:03 PM
From: "Carol Artz-Bucek"<carol.artz@pearlandtexaschamber.us>
To: "Bill Eisen"<beisen@ci.pearland.tx.us>,<Claire_Bogard/COP@ci.pearland.tx.us>
Cc: "Cory Cart"<cory.cart@visitpearlandtexas.us>,<tony@hcallp.com>
Date: 10/09/2012 12:46 PM
Subject: Destination Marketing Contract
Bill, I have made three copies of the Destination Marketing Contract approved by City
Council last night, Monday, October 8`h. I placed the date in the contract. Tony will be
here this evening, I will have him sign them as will I and we will deliver them to City Hall
tomorrow morning for your signature. We will need one original returned, the other is
for you or the City Attorney and one for Claire.
Thanks Bill!!
aGiroL A z-P u.ceIR,
Carol Artz-Bucek,CCE, IOM
President/CEO
Pearland Chamber of Commerce
6117 Broadway
Pearland, Texas 77581
281-485-3634
281-485-2420 (Fax)
832-202-5845 (Cell)