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HomeMy WebLinkAboutResolution - 184 - Agreement - LCOC, LBCD - Convention & Tourism Service - 06_14_1979:c1 RESO #184 - 6/14/79 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Convention and Tourism Bureau Agreement between the Lubbock Chamber of Commerce, the City of Lubbock Board of City Development and the City of Lubbock attached herewith which shall be spread uppn the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 14th day of June ,1979. IONWW D WEST, MAYOR ATTEST: Fvelyn-Gaffga,-City Seers ayy-Treasurer APP1-66 AS TO"FORM: JoC.-Ross, Jr., City Attorney A STATE OF TEXAS COUNTY OF LUBBOCK TIED TO RESOLUTION #184 - 6/14/79 4 4 CONVENTION AND TOURISM SERVICE AGREEMENT This agreement, entered into by and between the City of Lubbock, herein called "City", the Lubbock Chamber of Commerce, a corporation, herein called "Chamber", and the City of Lubbock Board of City Development, herein called "BCD", WITNESSETH: WHEREAS, the City has caused to be constructed the Memorial Civic Center and the Auditorium -Coliseum, and there are located in the City of Lubbock several other facilities which are capable of handling conventions; and WHEREAS, the Chamber desires to establish and operate a Convention and Tourism Service in order to encourge the use of the Memorial Civic Center and the Auditorium -Coliseum as well as such other facilities located in the City, and the City and the BCD desire that the Chamber does so; and WHEREAS, the City is further authorized to contract with other persons or organizations for such services: NOW THEREFORE, the parties hereto do agree as follows: I. The Chamber shall establish and operate a Convention and Tourism Service, which shall include the following duties and services to the extent that its budget permits: A. Undertake an active program to promote and foster the City of Lubbock as a convention center. B. Undertake to promote Lubbock as a City of interest to tourists. C. Prepare and circulate advertising materials promoting the City of Lubbock wherever practicable. D. Prepare brochures and other similar items whereby convention fa- cilities of the entire city including the Memorial Civic Center and the Auditorium -Coliseum are set forth together with the advantages offered by the City of Lubbock to conventions and tourists coming to the City. E. To provide tourist and convention related services to any proper group desiring to hold conventions in the City and to coordinate the activities of said group during conventions. F. To adopt and carry out policies whereby cooperation of the businesses in Lubbock directly and indirectly interested in conventions and tourism is encouraged. G. To assist, any proper group, government body, organization, business or other association in obtaining a regional, state wide or national convention for the City of Lubbock. H. To operate, at its option, a housing service for conventions. I. To provide all other services necessary to aid in the development of the City of Lubbock as a convention center. II. The Chamber will prepare a detailed annual budget for its Convention and Tourism Services and present said budget to the City Council of the City of Lubbock for review. Chamber shall present said budget to City Council no later than the date for filing the City budget with the City Secretary in accordance with Art. 689a-15 V.A.C.S., prior to the commencing of each fiscal year during the term of this Contract. III. The Chamber agrees that it will establish the fiscal year for its Convention and Tourism Service to coincide with the fiscal year of the City of Lubbock (Oct. 1st- Sept. 30th). IV. All parties to this agreement agree, however, that the requirements of Paragraph II and III above set forth shall not apply to the first fiscal year of this agreement. The Chamber shall, however, prepare a budget as soon after the effective date of this agreement as is reasonable and submit a copy thereof to the City Council to cover the first fiscal year's operation under this agreement; thereafter, the provisions of paragraph II and III above shall be followed. V. Chamber will provide to the City quarterly financial statements of its Convention and Tourism Service. In addition, Chamber shall furnish to the City a copy of the annual audit covering such Service. VI. Chamber further agrees that it will submit to City a quarterly statement of its Convention and Tourism activities and shall at the end of each fiscal year, during the term of this Contract, submit to City Council a detailed annual report concerning all of the activities under this Contract during said fiscal year. VII. The City shall, during the term of this agreement, pay one-half cent of each four cents collected under the Hotel -Motel room occupancy tax to the Chamber for the services to be performed by Chamber under this agreement. In no event shall such payment be less than $50,000 during each fiscal year of this Contract. The Chamber agrees that such payments made by City under this agreement shall be used only for its Convention and Tourism Service to defray said budget. VIII. The City shall compute its contributions under the formula set forth in Paragraph VII above on September 30th prior to the commencing of the new fiscal year of the Convention and Tourism Service and shall determine the amount of payment due to Chamber at such time. Such computation shall be based upon the cities best estimate of the room taxes collected during the then current fiscal year. In the event that the City audit shows that such payment was deficient or in excess of the amount due, the City and Chamber will make any necessary adjustment after the presentation of said audit but no later than January 30th of the year in question. It is understood by all parties that the City will make its payment based on the Hotel -Motel tax collected for the City fiscal year ending September 30th prior to the subsequent fiscal year of the Convention and Tourism Service. IX. The Chamber and B.C.D. agree with the City that they shall contribute to Chamber for the budget of the Convention and Tourism Service one contribution between them of not less than $50,000 during each fiscal year of this Contract. Subject to the provision for the $50,000 minimum contribution, both the amount and source of such contribution shall be within the discretion of the Chamber and the B.C.D. X. All amounts of money to be contributed and paid to the Chamber by all parties to this agreement shall be paid to Chamber for its Convention and Tourism Service on a quarterly basis in advance, the first such payment to be in an amount of one -quarter (;4) of annual contributions and to be made on October 1, 1979, and a like quarterly payment to be made on the first day of each quarter of each fiscal year that this Contract remains in force. XI. The term of this Contract shall be 5 years commencing on the 1st day of October, 1979, and ending on September 30, 1984. However, there shall be added automatically a one-year extension to the full term of this Contract if none of the parties hereto gives written notice within 30 days prior to September 30th, of 1980, or any September 30th thereafter of its intention to cancel this Contract. If none of the parties give such notice then one year is automatically added to the term of this agreement so that it will have a termination date five years from the preceding September 30th. XII. If any party to this Contract desires to terminate this Contract and with- draw from participation therein it may do so by giving written notice to the other parties 30 days prior to September 30th of 1980 or any September 30th thereafter while this Contract is in effect. However, if any such notice is given nevertheless the parties hereto shall be bound to perform under this Contract for the remaining four year term of the agreement. XIII. In the event there is any change in the Charter of the City of Lubbock which materially affects the ability of either party to perform this agreement, then in such event all parties hereto agree that this Contract shall, at the option of any party, be terminated by written notice and the parties shall proceed to negotiate for a new contract pertaining to this matter so as to accommodate such Charter change. The effective date of such termination shall be on the date specified in the written notice which shall be not sooner than the date upon which the Charter change materially affects the ability of the notice giving party to perform; and if there are outstanding obligations at the time of such termination which are of a financial nature, the parties will cooperate in meeting those financial needs. XIV. Notice to be given under this contract shall be deemed sufficient if given by posting same in the United States Mail postage prepaid and certified return receipt requested to the parties at the following addresses: CITY OF LUBBOCK: LUBBOCK CHAMBER OF COMMERCE: BOARD OF CITY DEVELOPMENT: P.O. Box 2000 Lubbock, Texas 79457 P.O. Box 561 Lubbock, Texas 79408 P.O. Box 561 Lubbock, Texas 79408 XV. Neither the City nor the B.C.D. will compete with the Chamber with respect to the activities herein assigned to the Chamber. However, in all cases where any presentation for the use of facilities is made by others than the Chamber's Convention and Tourism Service, the Chamber will include among those invited to make presentations the City employee charged with promoting the use of the Lubbock Memorial Civic Center facilities and the Lubbock City Auditorium - Coliseum. XVI. The parties agree that Chamber will perform all of its obligations here- under or, at its option, Chamber may cause to be performed any or all of the obligations herein imposed upon Chamber. The personnel performing these Con- vention and Tourism services will do so in their capacity as employees of the Chamber or as employees of an entity other than the City or the B.C.D. Chamber further agrees to hold the City and the B.C.D. harmless from liability to the extent that the damages are proximately caused by the act of any of its employees in discharging this agreement. EXECUTED THIS the 4th day of AT EST: Evelyn Gaffga, City Secre r reasurer APPROVED AS -TO FORM: Ross, Jr., City AftoriKey October ,1979. LUBBOCKCHAMBEROF COMMERCE BY: PRESIDENT LUBBOCK BOARD OF CITY DEVELOPMENT BY: PRES D L LUBBOCK VISITORS & CONVENTIONS BUREAU QUARTERLY REPORT January - March 1984 CONVENTION SALES Texas Rural Letter Carriers Texas Academy of Family Physicians National Association of Housing Redevelopment Officials Texas Cotton Association West Texas Homebuilders Association Texas Recruiters and Friends Association Texas Restaurant Association National Feed Manufacturing Association Texas Merchandising Vending Association Texas Insurance Adjusters Association Texas Congress PTA Barbershoppers Regional Meeting Texas Hotel Motel Association ,National Association of Colleges and Universities Residence Halls American Reciprocal Meat Conference International Tear Film Symposium Texas Nursing Association Cotton Inc. National Cotton Council Young American Bowling Alliance Texas Umpire's Association Texas Realtors Association Texas Mesquito Control American Association of Heating and Refrigeration Engineers CONVENTIONS AND MEETINGS Southwest Association of Naturalist West Texas Home Builders Optomist Army Training American Association of Advancement of Science Hope Revival Elks Texas Association of Governmental Data Processor Managers Church of Christ Shriners Housing Authority Rotary District Convention Forensic Seminar Veterans Association, CBIA Lion District 21`2 NAPNAP Post Office American Business Association Rodeo Highway 87 Cotton Inc. Lubbock Visitors & Conventions Bureau Quarterly Report January - March 1984 Page 2 Texas State Soybean Association Texas Farmers Union ACTIVITIES Prepared housing reservations for Texas Cotton Ginner's Association Worked with planners for Buddy Holly Week Prepared housing information for Future Farmers of America Attended North Texas Tourism Council Meeting Made sales calls on meeting planners in Austin Wrote stories for "Greater Lubbock" Magazine Prepared housing for Texas Society for Medical Technology Mailed poster requests Answered information requests Received Creative Inking Award from Hammermill Paper Company for direct mail piece Mail Hotel Motel Association Meeting notices and prepare minutes Compile general press kits for meeting planners Organized fund raising project for Hotel Sales Management Association Wrote and published Convention Bureau Information Booklet Planned and put together the booth for PASS career festival Presented program to Downtown Kiwanis Club Participated in PASS career booth at Civic Center Made and delivered 25 "Welcome Baskets" to the Roswell Chamber of Commerce visiting Lubbock Lunch with local travel agent discussing future weekend packages Prepared article on Lubbock for TACVB newsletter Gave program to "Winners Group of Lubbock" Prepared Avalanche Update of meetings and conventions Attended Lubbock Hotel Motel Association board and regular meeting Conducted "Convention Trends Seminar 1984" for Lubbock hospitality industry Prepared Lubbock Restaurant Association newsletter ABC Rodeo mailout Texas Congress PTA News Conference announcing convention Civic Center Board meeting Texas State Federation of Square and Round Dancers Conventions Lubbock Restaurant Association meeting Lunch with new sales manager at Hilton Presentation to City Council for increase in bed tax Site tour of Civic Center and hotels for Texas Hotel Motel Association Convention Provided advertising for convention program for Housing Authority convention Visited with sales and marketing people with Southwestern Bell Telephone Company Attended Lubbock Advertising Federation Addy Award Called hotels/motels about placing information about Lubbock Arts Festival on marquis Mailed convention lead information Planned Marilyn Monroe's, TSAE Executive Director, trip to Lubbock Worked on Sales Blitz participant list Reviewed Austin Sales calls Lubbock Visitors & Conventions Bureau Quarterly Report January - March 1984 Page 3 Made sales calls on local hotel properties Attended TACVB meeting in Austin Texas Tourist Development meeting Made "Goody Baskets" for hotels Put together packets for incoming meeting Met with Texas Recruiters and Friends Association Represented Chamber of Commerce at Reese Blast Off Attended Restaurant Association meeting and made presentation to state president Attended presentation of the Texas Tech Music Department's Summer Program Attended Chamber of Commerce breakfast Participated in the Jane Prince Jones show Presented program at Lubbock Hotel/Motel meeting Made sales calls in Dallas Marilyn Monroe's visit to Lubbock Prepared for FAM trip meeting planners Met with executives from Austin and took them to the Arts Festival Gala Toured hotel properties, Arts Festival and other activities Entertained meeting planners for 3 days LUBBOCK CONVENTION & TOURISM BUREAU INCOME STATEMENT WITH BUDGET COMPARISON DATEMarch 31 , 1 9R4 YEAR PROJECTED INCOME TO DATE INCOME City of Lubbock 50,000.00 108,000.00 Board of City Development 40, 000.00 122,500.00 Interest Income 1,252.80 Income - Other TOTAL INCOME 91,252.80 230,500.00 YEAR ANNUAL EXPENSES TO DATE BUDGET Salaries 28,233.34 55,200.00 Advertising & Promotion 38,500.55 600 0.00 Travel 4,194.07 Employee Car Allowance 937.50 1,800.00 Employee Insurance 2,430.54 4,000.00 Office Supplies 561.47 2.000.00 Postage 3,745.00 6,000.00 Entertainment 1,729.87 8,500.00 Bidding Expense 4,377.12 15,000.00 Service Expense ,347.17 8,500.00 Specialty Advertising 1,468.56 12,000.00 Extra Help 286.23 3,000.00 Subsidy 700.00 4,000.00 Printing 5,860.98 22,500.00 Telephone 812.82 2,000.00 Payroll Taxes 1', 957.73 4 200.00 Dues & Subscriptions 1,247.00 2, 00.00 Contingent 1,539.11 2,500.00 Insurance - General 433.68 1,500.00 Audit 1,500.007 1,500.00 )TAL EXPENSE 101,862.74 230,200.00 (CESS INC. OR (EXP.) ( 10,609.94) 300.00 STATE OF TEXAS 4 COUNTY OF.LUBBOCK 4 RESO #184 - 6/14/79 CP CONVENTION AND TOURISM BUREAU AGREEMENT This agreement, entered into by and between the City of Lubbock, herein called "City", the Lubbock Chamber of Commerce, a corporation, herein called "Chamber", and the City of Lubbock Board of City Development, herein called "BCD", WITNESSETH• WHEREAS, the City has caused to be constructed the Memorial Civic Center and the Auditorium -Coliseum, and there are located in the City of Lubbock several privately owned facilities which are capable of handling conventions; and WHEREAS, the Chamber desires to establish and operate a Convention and Tourism Department in order to encourge the -use of the Memorial Civic Center and the Auditorium -Coliseum as well as such privately owned facilities located in the City; and WHEREAS, the City is further authorized to contract with other persons or organizations for such services: NOW THEREFORE, the parties hereto do agree as follows: I. The Chamber shall establish and operate a Convention and Tourism Department. Said Department shall perform the following services and duties: A. Undertake an active program to promote and foster the City of Lubbock as a convention center. -B. --Undertake to promote Lubbock as a City of interest to tourists. C. Prepare and circulate advertising materials promoting the City of Lubbock wherever possible. D. Prepare brochures and other similar items whereby convention fa- cilities of the entire city including the Memorial Civic Center and the Auditorium -Coliseum are set forth together with the advantages offered by the City of Lubbock to conventions and tourists coming to the City. E. To provide tourist and convention related services to any group desiring to hold conventions in the City and to coordinate the activities of said group during conventions. F. To adopt and carry out policies whereby cooperation of the businesses in Lubbock directly and indirectly interested in conventions and tourism is encouraged. G. To assist, within its budgetary means, any group, government body, organization, business or other association in obtaining a regional, state wide or national convention for the City of Lubbock. H. To operate, at its option, a housing service for conventions. I. To provide all other services necessary to aid in the development of the City of Lubbock as a convention center. II. The Chamber will prepare a detailed annual budget for its department of Convention and Tourism and present said budget to the City Council of the City of Lubbock for review. Chamber shall present said budget to City Council no later than the date for filing the City budget with the City Secretary in accordance with Art. 689a-14 V.A.C.S., prior to the commencing of each fiscal year during the term of this Contract. The Chamber agrees that it will establish the fiscal year for its depart- ment of Convention and Tourism to coincide with the fiscal year of the City of Lubbock (Oct. 1st- Sept. 30th). IV. All parties to this agreement agree however, that the requirements of Paragraph II and III above set forth shall not apply to the first fiscal year of this agreement. The Chamber shall however, prepare a budget as soon after the effective date of this agreement as is reasonably possible and submit a copy thereof to the City Council to cover the first fiscal years operation under this agreement, thereafter, the provisions of paragraph II and III above. shall be followed. V. Chamber will provide to the City guarterly financial statements of its Department.of Convention and Tourism. In addition Chamber shall furnish to City a copy of the annual audit of such department. VI. Chamber further agrees that it will submit to City a quarterly statement of its Department of Convention and Tourism activities and shall at the end of each fiscal year, during the term of this contract, submit to City Council a detailed annual report concerning all of the department's activities during said fiscal year. VII. The City shall, during the term of this agreement, pay one half cent of each four cents collected under the Hotel -Motel room occupancy tax to the Chamber for the services to be performed by Chamber under this agreement. In no event shall such payment be less than $50,000 during each fiscal year of this contract. The Chamber agrees that such payments made by City under this agreement shall be used only for its Department of Convention and Tourism to defray said departments budget. VIII. The City shall compute its contributions under the formula set forth in Paragraph VII above on September 30th prior to the commencing of the new fiscal year of the Department of Convention and Tourism and shall determine the amount of payment due to Chamber at such time. In the event that the City audit shows that such payment was deficient or in excess of the amount due the City will make any necessary adjustment after the presentation of said audit but no later than January 30th of the year in question. It is understood by all parties that the City will make its payment based on the hotel -motel tax collected for the City fiscal year ending September 30th prior to the subsequent fiscal -year of the department. IX. The Chamber and B.C.D. agree with the City that they shall contribute to the budget of the Department of Convention and Tourism no less than $50,000 during each fiscal year of this contract. X. All amounts of money to be contributed and paid to the Chamber, by all parties to this agreement shall be paid to Chamber for its Department of Convention and Tourism on a quarterly basis in advance the first such payment to be made on October 1, 1979, and a like quarterly payment to be made each quarter of every fiscal year that this contract remains in force. XI. .The term of this contract shall be 5 years commencing on the 1st day of October 1979 and ending on September 30, 1984. However, there shall be added automatically a one year extension to the full term of this contract if none of the parties hereto gives written notice within 30 days prior to September 30th of 1980, or any September 30th thereafter of its intention .to cancel this contract. If none of the parties give such notice then one year is automatically added to the term of this agreement so that it will have a termination date five years from the preceding September 30th. XII. If any party to this contract desires to terminate this contract and with- draw from participation therein it may do so by giving written notice to the other parties 30 days prior to September 30th of 1980 or any September 30th thereafter while this contract is in effect. However, if any such notice is given nevertheless the parties hereto shall be bound to perform under this contract for the remaining four year term of the agreement. XIII. In case any disagreement shall arise between the parties hereto or any person claiming under them in relation to this agreement; whether as to the construction or operation thereof or the respective rights and liabilities thereunder, such disagreement shall be referred to three arbitrators, one to be appointed by the City and one to be appointed by the Chamber and the B.C.D. and the third to be appointed by the two so by the parties appointed; and the award in writing signed by any two of them shall be final and binding on all parties to this agreement or any one claiming under such parties; provided that such award shall be made within 45 days after the reference to said arbitrators. If either party shall refuse or neglect to appoint an arbitrator within 20 days after the other shall have appointed an arbitrator and served -written notice - thereof upon the other parties requiring them to appoint an arbitrator, then the arbitrator so appointed by the first party shall have power to proceed to arbitrate and determine the matters of disagreement as if he were an arbitrator appointed by all parties hereto for such purpose his award in writing signed by him shall be final and binding as above mentioned; provided that such award shall be made within 45 days after such refusal or neglect of the other party or parties to appoint an arbitrator. XIV. Notice to be given under this contract shall be deemed sufficient if given by posting same in the United States Mail prepaid and certified to the parties at the following addresses: CITY OF LUBBOCK: P.O. Box 2000, Lubbock, Texas 79457 LUBBOCK CHAMBER OF COMMERCE: P.O. Box 561, Lubbock, Texas 79408 BOARD OF CITY DEVELOPMENT: P.O. Box 561, Lubbock, Texas 79408 XV. The Chamber agrees that it will secure at its own expense all personnel required by it in performing the services under this agreement and that said employees shall be the employees of the Chamber and not of the City or the B.C.D. and said employees shall be under the sole supervision of the Chamber. Chamber further agrees to hold the City and the B.C.D. harmless for the act of any of its employees in discharging this agreement. EXECUTED THIS the 14th day of June ,1979. THE CITY OF LUBBOCK By: ATTEST: DIRK WEST, MAYOR Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: ohn C. Ross, Jr., City Attorney' LUBBOCK CHAMBER OF COMMERCE BY: PRESIDENT LUBBOCK BOARD OF CITY DEVELOPMENT BY: PRESIDENT June 10, 1980 Mr. John Logan Executive Director Lubbock Chamber of Commerce 14th 6 Avenue J , Lubbock, Texas 79401 RE: Resolution No. 184 -.Convention and Tourism Service Agreement Dear Mr. Logan: Pursuant to the telephone request.,of.George,McCleskey today, enclosed herewith to you is a certified copy of the above referenced documents ;for, your files. My records reflect that only an original of the agreement was executed, thich is on file in my office; that I did not receive any instructions to forward to you a duplicate original.; ;therefore, I assumed this matter would be handled by the Cityl4ttorney or the City Manager. My app&lgies to you and to Mr. McCleskey'for this oversight. If you need additional information, don't hesitate to let me know. Sincerely, EMYN GAFFGA City Secretary -Treasurer Enclosure cc: Mr. George McCleskey Attorney at Law P. b. Box 6170 Lubbock, Texas 79413 Joh C. Ross, Jr. q Cit Attorney \4 l THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK I, EVELYN GAFFGA, City Secretary -Treasurer of the City of Lubbock, Texas hereby certify that the attached documents are true and correct copies of Resolution No. 184 and Convention and Tourism Service Agreement, duly recorded in Minute Book No. 38, Page 353, Item 627 of the Minutes of the City Council dated June 14, 1979. TO CERTIFY WHICH, witness my hand and seal of the City of Lubbock, Texas this loth day of June, 1980. (Seal) EVELYN GAF GA City Secretary -Treasurer r April 25, 1984 Ms. Evelyn Gaffga City Secretary City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Evelyn: Board of City Development 806 763-4666 P.O. Box 561 Lubbock. Texas 79408 Cyf� A, 70 Y Thank you for your letter containing information about various reports from our organizations to the city. I appreciate your taking the time to review your files and give us the benefit of that review. In line with the conversation that you and Sharron Weeks had about filing future reports, we will follow the procedure of filing a report directly with your office and one with the City Manager's office. Thanks again for your help. Sincerely yours, i Logan esident & General Manager No Text