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HomeMy WebLinkAboutResolution - 908 - Amendment #1 To Agreement - COC & BCD - Convention & Tourism Service - 09_10_1981RESOLUTION 908 - 9/10/81 Amends Reso. 184 - 6/14/79 AA:da 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 an Amend- ment No. 1 to Convention and Tourism Service Agreement attached herewith which shall be spread upon 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 loth day of September ,1981. BILL McALISTER, MAYOR ATTEST: Evelyn G ffga, City S ary-Treasurer APPROVED' AS T.Q CONTENT: Weston, Director of Community Facilities APPROVED AS TO FORM: Angela Ad s, Assistant City Attorney RESOLUTION 908 - 9/10/81 Amends Reso. 184 - 6/14/71 &+Y_ SECRETARY -TREASURER STATE OF TEXAS S COUNTY OF LUBBOCK $ AMENDMENT NO. 1 TO CONVENTION AND TOURISM SERVICE AGREEMENT This Amendment No. 1 to the Convention and Tourism Service Agreement of October 4, 1979, is 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 of Lubbock, the Lubbock Chamber of Commerce and the City of Lubbock Board of City Development, previously entered into a contract which was executed on October 4, 1979; and WHEREAS, the aforementioned parties desire to make certain changes to the aforementioned contract; NOW THEREFORE: Paragraphs IV, VII, IX, X, XI, and XII of the Convention and Tourism Service Agreement are hereby altered and amended to read as follows: IV. All parties hereto agree that the requirements of Paragraphs II and III of the original agreement of October 4, 1979 shall not apply to the fiscal year beginning October 1, 1981 and ending September 30, 1982. The Chamber shall, however, prepare a budget as soon after the effective date of this Amendment as is reasondble and submit a copy thereof to the City Council to cover the aforementioned fiscal year's operation under this agreement; there- after, the provisions of Paragraph II and III of the original agreement shall be followed. VII. The City shall, during the fiscal year beginning October 1, 1981 and i ending September 30, 1082, pay $100,000.00 from monies collected under the Hotel -Motel room occupancy tax to the Chamber for the services to be performed by the Chamber for the fiscal year of October 1, 1981 through September 30, 1982, under the original agreement of October 4, 1979 and the Amendment No. 1 thereto. During the remainder of this agreement, the City will annually pay or tender to Chamber $100,000.00 or three -fourths cent of each four cents col- lected under the Hotel -Motel room occupancy tax, whichever is more. The Chamber agrees that such payments made by the City under the agreement and this amendment shall be used only for its Convention and Tourism Service to defray said budget. IX. The Chamber agrees to accept from the City at least $100,000.00 per year under this agreement and such additional tendered amount as the Chamber deems appropriate; and the Chamber and B.C.D. agree with the City that they shall contribute for the budget of the Convention and Tourism Service one contribu- tion between them of not less than $100,000.00 during the fiscal year of October 1, 1981 to September 30, 1982 and at least match the contribution ac- cepted by the Chamber from the City for each successive fiscal year of this Contract. Subject to the provision for the 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. The City will pay upon receipt of an invoice, the first such payment to be in an amount of one -quarter (14) of annual contributions and to be made on October 1, 1981, 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. The invoice should be sent to the Director of Community Facilities, P.O. Box 2000, Lubbock, Texas 79457. XI. The term of this Contract shall be 5 years commencing on the 1st day of October, 1981, and ending on September 30, 1986. 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 1982, 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 withdraw from participation therein it may do so by giving written notice to the other parties 30 days prior to September 30th of 1982 or of 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. EXECUTED THIS the loth day of September , 1981. THE CITY OF CK r B c I ER, MAYOR ATTEST.-, Evelyn Gaf ga, dity S c t -Treasurer aDAS TO CONTENT: LUBBOCK CHAMBER OF COMMERCE BY. Co 0 Weston, Director of Community Facilities I PRESIDENT APPROVED AS TO FORM: LUBBO K BOARD OF CITY DEVELOPMENT Angela AdAms, Assistant City Attorney PRESIDENT Do z EXHIBIT D A STATE OF TEXAS § COUNTY OF LUBBOCK § 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 conventioncenter. 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 bud et with the City Secretary in accordance 102.005 0,F �t-Li �0Cal �o�� t_,'t Cod_ with x-t `_ �`_'—_ "__^_`.7 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. ie�os-F- Chamber will provide to the City quarterly ft 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 City quarterly statement of its Convention and Tourism activitiesand 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 $50,060 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 (14) 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: P.O. Box 2000 Lubbock, Texas 79457 LUBBOCK CHAMBER OF C012ERCE: P.O. Box 561 Lubbock, Texas 79408 BOARD OF CITY DEVELOPMENT: 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 October ,1979. THE OF IjJB C BY: C VEST, MA-f OR AT EST: Evelyn Gaffga, City Se6re6tr reasurer APPROVED AS TO FORM: . hn C. Ross, Jr., City Attorney LUBBOCK CHAMBER OF COMMERCE BY: _ PRESIDENT � ,�.ili�fltlil�` LUBBOCK BOARD OF CITY DEVELOPMENT C y� BY: / PRESIDEM' �tT • �rlc-TARY- IFASUF,tB STATE OF TEXAS 4 COUNTY OF LUBBOCK 4 EXHIBIT E AMENDMENT NO. 1 TO CONVENTION AND TOURISM SERVICE AGREEMENT This Amendment No. 1 to the Convention and Tourism Service Agreement of October 4, 1979, is 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 of Lubbock, the Lubbock Chamber of Commerce and the City of Lubbock Board of City Development, previously entered into a contract which was executed on October 4, 1979; and WHEREAS, the aforementioned parties desire to make certain changes to the aforementioned contract; NOW THEREFORE: Paragraphs IV, VII, IX, X, XI, and XII of the Convention and Tourism Service Agreement are hereby altered and amended to read as follows: IV. All parties hereto agree that the requirements of Paragraphs II and III of the original agreement of October 4, 1979 shall not apply to the fiscal --- _.year beginning October 1, 1981 and ending September 30, 1982. The Chamber shall, however, prepare a budget as soon after the effective date of this Amendment as is reasonable and submit a copy thereof to the City Council to cover the aforementioned fiscal year's operation under this agreement; there- after, the provisions of Paragraph II and III of the original agreement shall be followed. VII. The City shall, during the fiscal year beginning October 1, 1981 and ending September 30, 1982, pay $100,000.00 from monies collected under the Hotel -Motel room occupancy tax to the Chamber for the services to be performed by the Chamber for the fiscal year of October 1, 1981 through September 30, 1982, under the original agreement of October 4, 1979 and the Amendment No. 1 thereto. During the remainder of this agreement, the City will annually pay or tender to Chamber $100,000.00 or three -fourths cent of each four cents col- lected under the Hotel -Motel room occupancy tax, whichever is more. The Chamber agrees that such payments made by the City under the agreement and this amendment shall be used only for its Convention and Tourism Service to defray said budget. IX. The Chamber agrees to accept from the City at least $100,000.00 per year under this agreement and such additional tendered amount as the Chamber deems appropriate; and the Chamber and B.C.D. agree with the City that they shall contribute for the budget of the Convention and Tourism Service one contribu- tion between them of not less than $100,000.00 during the fiscal year of October 1, 1981 to September 30, 1982 and at least match the contribution ac- cepted by the Chamber from the City for each successive fiscal year of this Contract. Subject to the provision for the 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. The City will pay upon receipt of an invoice, the first such payment to be in an amount of one -quarter (Z) of annual contributions and to be made on October 1, 1981, 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. The invoice should be sent to the Director of Community Facilities, Y.O.'Box 2000, Lubbock, Texas 79457. XI. The term of this Contract shall be 5 years commencing on the lst.day of October, 1981, and ending on September 30, 1986. However, there shall be added automatically a one-year extension to the full term of this Contract if Il none of the parties hereto gives written notice within 30 days prior to September 30th, of 1982, 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 withdraw from participation therein it may do so by giving written notice to the other parties 30 days prior to September 30th of 1982 or of 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. EXECUTED THIS the loth day of September , 1981. THE CITY OF CK r B kt'L--cALItIER, MAYOR ATTEST:. Evelyn Caf ga, ity S"c t -Treasurer nDAS TO CONTENT: LUBBOCK CHAMBER OF COMMERCE Weston, Director of Community Facilities I PRESIDENT APPROVED AS TO FORM: LUBBO K BOARD OF CITY DEVELOPMENT — - _Angela Adams, Assistant City Attorney PRESIDENT RESOLUTION 1587 , 2/23/84 (Amendment #2', Resolution 908, 9/10/81 (Amendment #1) R esolution 184, 6/14/79 (Original contract) JCR:cl STATE OF TEXAS § COUNTY OF LUBBOCK § AMENDMENT NO. 2 TO CONVENTION AND TOURISM SERVICE AGREEMENT This Amendment No. 2 to the Convention and Tourism Service Agreement of October 4, 1979, is 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 "B.C.D.". WITNESSETH: WHEREAS, the City of Lubbock, the Lubbock Chamber of Commerce and the City of Lubbock Board of City Development, previously entered into a contract which was executed on October 4, 1979; and WHEREAS, the aforementioned parties heretofore on or about September 10, 1981, entered into Amendment No. 1 to Convention and Tourism Service Agreement in order to make certain changes in such contract; and WHEREAS, the aforementioned parties desire to make certain other changes to the aforementioned contract; NOW THEREFORE: Paragraph VII of said Agreement so previously altered and amended by the aforementioned Amendment No. 1 to the Convention and Tourism Service Agreement is hereby altered and amended to read as follows: VII. The City shall, during the fiscal year beginning October 1, 1983 and ending September 30, 1984 and for each fiscal year for the remainder of this Agreement, annually pay or tender to Chamber the greater of the following: (a) $100,000.00; or (b) Three -fourths cent of each four cents collected under the Hotel -Motel room occupancy tax as prescribed in paragraph VII of the Amendment No. 1 to Convention and Tourism Service Agreement dated September 10, 1981. The City shall, in addition to the above payment or tender, pay or tender to the Chamber two cents of the additional three cents tax authorized by Ordinance Number 8552 which Ordinance becomes effective April 1, 1984. This additional payment or tender, above described, shall be paid or tendered to the Chamber initially for the remainder of the fiscal year after the effective date of Ordinance 8552 and thereafter shall be paid or tendered to the Chamber for each fiscal year during the remainder of this Contract. The Chamber agrees that such payments made by the City under this provision shall be used only for its Convention and Tourism Service to defray its detailed Annual Convention and Tourism Services Budget. It is agreed by the parties hereto that the Convention and Tourism Service Agreement dated October 4, 1979 and the Amendment No. 1 to the Convention and Tourism Service Agreement are not -2- changed, amended or altered in anyway other than is set out by this Amendment No. 2. EXECUTED this the 23rd day of February , 1984. ATTEST: Evelyn Gaffga v '/ j/ City Secretary-Treasu r APPROVED AS TO CONTENT: Jim: Weston, Director of Ci6mmunity Facilities APPROVED AS TO FORM: ohn C. Ross, Jr. City Attorney -3- THE CITY OF,LUBBOCK BY: ✓ TL-TR E� Y, 0 LUBBOCJC��1-I//AMBER OF -Z MMERCE LUBBOC OAR OF CITY ELOPM B Y : � PRE � �A� 10,E RESOLUTION 1632 - 3/22/84- Amend #3 Amends Reso. 1587 - 2/23/84 Amend ; `mends Reso. 908 `- 9/10/81 Amend 7 Orig. Contract - Reso. 184 6/14/79 JCR:cl STATE OF TEXAS § COUNTY OF LUBBOCK § AMENDMENT NO. 3 TO CONVENTION AND TOURISM SERVICE AGREEMENT This Amendment No. 3 to the Convention and Tourism Service Agreement of October 4, 1979, is 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 "B.C.D.". WITNESSETH: WHEREAS, the City of Lubbock, the Lubbock Chamber of Commerce and the City of Lubbock Board of City Development, previously entered into a contract which was executed on October 4, 1979; and WHEREAS, the aforementioned parties heretofore on or about September 10, 1981, entered into Amendment No. 1 to Convention and Tourism Service Agreement in order to make certain changes in such contract; and WHEREAS, the aforementioned parties heretofore on or about February 23, 1984, entered into Amendment No. 2 to Convention and Tourism Service Agreement in order to make certain changes in such contract; and WHEREAS, the aforementioned parties desire to make certain other changes to the aforementioned contract; NOW THEREFORE: Paragraph IX of said Agreement so previously altered and amended by the aforementioned Amendment No. 2 to the Convention and Tourism Service Agreement is hereby altered and amended to read as follows: IX. The Chamber agrees to accept from the City at least $100,000.00 per year under this agreement and such additional tendered amount as the Chamber deems appropriate; and the Chamber and Lubbock Board of City Development agree with the City that during the fiscal year of October 1, 1983 to September 30, 1984 they shall contribute for the budget of the Convention and Tourism Service one contribution between them of $100,000.00, or an amount equal to the City's contribution accepted by the Chamber from the City for the fiscal year ending September 30, 1§84 and each succdssive fiscal year of this Contract to the extent of $100,000.00 per year, but not more. Subject to the provision for the minimum contribution, both the amount and source of such contribution shall be within the discretion of the Chamber and the Lubbock Board of City Development. It is agreed by the parties hereto that the Convention and Tourism Service Agreement dated October 4, 1979 and the Amend- ments No. 1 and No. 2 to the Convention and Tourism Service -2- Agreement are not changed, amended or altered in anyway other than is set out by this Amendment No. 3. EXECUTED this the 22nd day of March , 1984. ATTEST: / Elvelyn affga City Secretary-Tretaurer APPROVED AS 0 CONTENT: im Weston, Director of Community Facilities APPROVED AS TO FORM: i / John C. Ross, Jr. _/City Attorney -3- THE CITY OF LUBBOCK BY: Z��:7L�� ALArf/NEEjNRY; "MAV(R LUBBOCK/GFiAMBER OF COMMERCE LUBBOC OAR OF CITY OELOPM BY: