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HomeMy WebLinkAboutResolution - 2640 - Demonstration Grant - COC - 3 Year Pilot Expanded Tourism Program - 09/10/1987JCR:da RESOLUTION Resolution #2640 September 10, 1987 j Agenda Item #31 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 Expanded Tourism Service Grant by and between the City of Lubbock and the Lubbock Chamber of Commerce concerning convention and tourism services, 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 septpmhp r , 1987. 'f . e e B.C. McMINN, MAYOR ATTEST: , City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety and Services APPROVED AS TO FORM: I 99Z G 7,--� t'74 ' — 17 C. Ross, Jr., City Tttorney STATE OF TEXAS COUNTY OF LUBBOCK S N EXPANDED TOURISM SERVICE GRANT Resolution #2640 This Agreement entered into by and between the City of Lubbock, hereinafter called "City", and the Lubbock Chamber of Commerce, a corporation, hereinafter called "Chamber". WITNESSETH: WHEREAS, the City and Chamber have heretofore entered into basic agreements concerning convention and tourism services to be provided by Chamber on behalf of City; and WHEREAS, said basic convention and tourism services are agreed to by contract between the parties dated October 4, 1979 as amended by addendums 1, 2 and 3 all on file in the office of the City Secretary of the City of Lubbock; and WHEREAS, the Chamber of Commerce did appear before the City Council at its regular meeting held on August 27, 1987 and proposed an expanded level demonstration program for tourist sales and promotion; and WHEREAS, the expanded level demonstration grant would provide services over and above those basic services heretofore agreed to between the parties; and WHEREAS, the parties hereto understand that this demonstra- tion grant shall be used as initial funding and that at the end of the grant period as herein set forth, it is anticipated that the expanded tourism services herein agreed to be provided will generate sufficient additional hotel/motel occupancy revenues so that the expanded program herein requested by Chamber will be assimilated into the basic services provided by Chamber funded by a 2 3/4 cent allocation of the hotel/motel occupancy tax. WHEREAS, the City Council after review and determination of the proposal by Chamber did agree that a demonstration program for a period not to exceed three years would be in the best interest of the City and Chamber; NOW THEREFORE, THE PARTIES HERETO DO AGREE AS FOLLOWS: 1. That this agreement is a separate agreement, separate and apart from all prior agreements between the parties hereto- r fore existing concerning convention and tourism services and the relationship of the parties hereto shall be governed by the terms and conditions of this special expanded tourism agreement. 2. That the term of this agreement shall be for three years commencing on October 1, 1987 and terminating on September 30, 1990, unless otherwise terminated as hereinafter set forth. 3. City does hereby agree to fund the special expanded tourism proposal submitted by Chamber in the amount not to exceed $117,012.00 per year for each of the three years that this agree- ment is in force and effect subject to the Chamber complying with the terms and provisions of this agreement. These funds shall be payable quarterly beginning October 1, 1987. The funding for the above money shall come from accumulated fund balance of the re- serve for convention and tourism capital projects account and shall not affect the allocation distribution of the hotel/motel occupancy tax. However, it is understood between the parties hereto that if the allocation of 2 3/4 cents paid to Chamber for basic tourism and convention services exceeds the total sum of $453,750.00 for any of the fiscal years during this agreement, then in such event the amount that exceeds the foregoing $453,750.00 shall be credited against the $117,012.00 due under this agreement for each of the three fiscal years herein covered. 4. Chamber agrees that the funds paid to it under this agreement shall be used solely for the expanded level tourism sales and promotion as set forth in its proposed,budget attached hereto as Exhibit A and no change shall be made from any of the expenditures as contained in said Exhibit A without the specific prior approval of the City Council of the City of Lubbock. 5. Chamber agrees that during the existence of this grant agreement that it shall follow the City budgeting procedures and submit a budget request for the second and third years of this demonstration grant agreement in accordance with the City of Lubbock budget calendar and to this extent shall keep the City Manager of the City of Lubbock informed of its budget activities. Such budget request shall be submitted to the City Manager no later than the 1st day of June during each fiscal year that this agreement is in existence. 6. Chamber agrees that all funds it receives under this grant agreement shall be kept in a separate account from any other funds that Chamber receives for tourism and convention activities under existing agreements between the City and Chamber and that the funds under this contract will not in any way be comingled with those funds the Chamber receives for basic tourism and convention services. -2- 7. A financial and performance audit will be required of Chamber within ninety days following the end of each fiscal year that this contract is in force and effect, in other words, ninety days from September 30, 1988, 1989 and 1990. The performance audit shall be performed by the auditors then acting in the capacity of independent auditors for the City of Lubbock and the expense of said audit shall be borne by Chamber. The original of said audit shall be delivered to the City of Lubbock and a copy thereof shall be presented to Chamber. 8. That the Chamber shall be required to submit to the City quarterly line item expenditure reports showing expenditures of the funds herein granted to Chamber for this expanded tourism grant and in addition Chamber shall furnish to the City detailed quarterly activity and performance reports showing the performance of Chamber under this agreement which quarterly activity and performance reports shall contain at a minimum the following: (a) The number of tours booked for each of the fiscal years during which this contract is in effect. (b) The number of visitors coming to the City of Lubbock in response to bookings that are aforementioned in (a) for each of the fiscal years during which this contract is in effect. (c) For each of the fiscal years which_this:contract is in effect a breakdown on the number of reservations per fiscal year made by the Chamber under this agreement to include specifically reservations for hotel rooms, special events, reservations for dinner parties and special meetings. (d) Chamber shall further provide the number of events scheduled and held set forth by event and attendance. (e) Chamber shall further set forth a number of trade shows attended and all direct sales trips undertaken by Chamber pursuant to this special grant agreement. The quarterly expenditure and performance reports herein required shall be delivered to the City Manager no later than the fifteenth (15th) day following the termination of each quarter. 9. Chamber agrees and understands that the City Manager or his designated representative shall be the responsible individual for the City of Lubbock and shall see that the budgets, audits, quarterly activity and performance reports as herein required are prepared and submitted on a timely basis by Chamber. In the event that Chamber fails to comply with any of the requirements -3- concerning budgeting, audits, or quarterly activity and performance reports the City Manager is hereby authorized to point out such deficiency to the Chamber in writing giving the Chamber a period of ten days in which to comply and in the event that the Chamber fails to comply and bring itself into conformance with the terms and conditions of this agreement, then this agreement shall automatically terminate and be of no further force and effect. In the event that this agreement is terminated as aforesaid, then all of the moneys currently in the possession of the Chamber pursuant to this agreement shall be accounted for by Chamber and the balance of those funds shall immediately be returned to the City. EXECUTED this the 10th day of September , 1987. CITY OF LUBBOCK -B. C. MCMINN, MAYOR ATTEST: Ranet a Boyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: LUBBOCK CHAMBER OF COMMERCE t1n C. Ross, Jr., City Attorney ESIDENT -4- r Prepared by City of Lubbock Civic Center Board The Lubbock Visitors and Convention Bureau Proposal for the Creation of Incentive Account for Conventions and Group August 20, 1987 The convention business has become recognized as a vital element of our local industry. A single convention with 1,000 delegates for two days brings in an estimated $140,000 to the local hotels, restaurants, entertainments and retail operators in Lubbock. Over the past few years, we've seen a gradual increase in the number of conventions booked in Lubbock; however, beginning with the 1987-88 fiscal year, there is a significant increase in the number of conventions and delegates booked in the City of Lubbock. Depending upon the size of the convention, it is typically held in either one of the local conference hotels or the Civic Center. Conventions with less than 400 to 500 delegates are often booked at one of the local hotels, whereas conventions with greater than 500 delegates are booked at the Civic Center. The larger sized conventions are particularly attractive because they provide rev- enues for not only the local hotels but also for the Civic Center. The Civic Center receives the rental fees as well as a portion of the catering and concession fees, while the hotels receive revenue from rooms and food and beverage. Even the smaller non -conference hotels benefit from large conventions since the smaller hotels re- ceive the displaced customers from the conference hotels. To increase the use of the Civic Center and the hotel occupancy, emphasis has been placed on recruiting larger sized conventions. As a result, the conventions booked to the Civic Centerhavein- creased significantly over the last three years. W E #" Conventions at Civic Center # of Delegates 1985-86 7 10,000 1986-87 6 11,900 1987-88 19 28,950 Impact of Incentives Securing larger conventions is a highly competitive, time consum- ing process. onsuming_process. Often times, the Convention Bureau will work with meeting planners for several years before being granted an oppor- tunity to make a proposal before a selection committee, and once they are granted an audience before the selection committee, they are competing with other cities who are aggressively pursuing the same conventions. Having recognized the positive economic impact conventions bring to the community, the Convention Bureau has be- gun to use a variety of marketing and incentive packages to secure conventions for the city in the form of subsidies, primarily for rental and/or transportation services. The most expensive incen- tive is the rental and transportation subsidy. Of those con- ventions booked in 1985-86 at the Civic Center, none received in- centives. In 1986-87, one received incentives. In 1987-88, $55,414 for incentives has been committed. Of these, $35,586.00 is for rental, $12,768.00 is for transportation, and $7,060 is for sponsorship fees. The transportation incentives has become neces- sary because of the lack of conference hotels in the downtown area adjacent to the Civic Center. One of the major reasons for the overall increase in number of conventions secured for Lubbock for 1987-88 is the use of incentives. The Convention Bureau did commit to $55,414.00 for incentives and sponsorship; however, this was not an approved line item expendi- ture in their current budget. TheBureauhas two options, (1) to reduce their other expenses by the amount equal to the subsidies committed in order to absorb the increased cost or (2) to seek additional funds. -2- ecommendation for the Creation of an Incentive Fund Both the Civic Center and the Visitors and Convention Bureau rec- ognize the value of providing incentives to selected conventions when competition, particularly for larger conventions, necessi- tates incentives. It is recommended that a fund be established and dedicated for incentives of conventions and groups booked at the Civic Center. If approved, these funds should be placed in a City of Lubbock account reserved for that purpose. Specific cri- terion should be developed for the use of the incentives and should include at a minimum: 1. Incentives should be used solely for conventions and groups booked at the Civic Center to offset rental fees, transportation services, or other services re- lated to the convention. 2. Incentives should be used selectively when the competition for a specific convention or groups neces- sitates the need for incentives. 4. Incentives should be granted based on objective crite- rion such as room nights and number of delegates. 5. Incentives should be reserved for those conventions and groups that yield the maximum amount of dollars back into the local economy based on the use of motel rooms, use of local restaurants, and potential use of local entertainment activities. dministration of Incentive Fund Criteria needs to be developed for the staff of the Convention Bureau and Civic Center to use as guidelines when reviewing re- quests for incentives. Since conventions held at the Civic Center require a joint effort by the Civic Center and Convention Bureau staff, it is recommended that the criterion developed for the use of incentives and the expenditures be reviewed and approved by a joint committee with representatives from the Civic Centers Board and Visitors and Convention Bureau. The general administration of the fund would be as follows: -3- 1. A joint committee consisting_of two Civic Center Board' *- members, two Lubbock Visitors and Convention Bureau members,- the Civic Center Director and Lubbock Visi- tors and Convention Bureau Director would approve in- centive proposals and incentive expenditures.' 2. All committee members would be required to attend a minimum of one convention bid. 3 The committee would meet on a regular basis as needed to approve proposals and expenditures. 4.Funds, dedicated for incentives would be placed in a City of Lubbock account reserved for that purpose. 5. The Lubbock Visitors and Convention Bureau Board bud- get committee would be responsible for providing monthly financial reports on the use of the funds. -- Initial 1987-88 Funding Level To initiate the subsidy program, it is recommended that $55,414 be set aside from the 1987-88 hotel motel tax for incentives. This would allow the funds necessary to honor the commitments that have been madeby the Visitors and Convention Bureau for conventions already booked for 1987-88. However, if the convention business continues to grow as expected, the initial $55,414 will not be sufficient to meet the future requests and a program needs to be established to provide for increased funding based on the in- creased revenues. - Summary In 1987-88, $55,414 is requested in hotel occupancy tax for an in- centive programa ,In subsequent years, it is requested that a min- imum of $50,000 be set aside, up to 3/10 of a cent of the occu- pancy tax, which ever is greater. It is recommended that the City Council consider establishing a special dedicated account set aside for incentives to book conven- tions and groups at the Civic Center. Conventions booked to the Civic Center not only benefit the Civic Center directly, but also -4- the hotels, motels, restaurateurs and local retailers. Now that Lubbock has begun to establish a competitive position in attract- ing conventions to Lubbock, it is important that we continue to move forward from this point. e'^ VrBDUCK August 20, 1987 Dear Councilmembers: The Lubbock Visitors and Conventions Bureau Operating Board Budget Committee presents the Lubbock Visitors and Conventions Bureau 1987-88 Budget for your approval. Presented'are three levels of budgets for review. 1. Current Level 2. Reduced Level 3. Expanded Level If we may be of help, or can answer any question, please feel free to call any member of our committee. Sincerely, Dave Gentry, Chairman Bob Greenhill Budget Committee Budget Committee Priscilla Sims Martin Waters Budget Committee Budget Committee Lubbock Visitors & Conventions Bureau 14th & Avenue K PO Box 561 Lubbock, TX 79408 806/763-4666 ITEM 16 r LUBBOCK VISITORS AND CONVENTIONS BUREAU Program Description The Visitors and Conventions Bureau is an organization which represents our city in building outside visitor traffic to the area. The Conventions Bureau promotes selecting Lubbock as a site for a convention, corporate meeting, seminar, tradeshow, shopping, and visiting local attractions. It is the Bureau's function to formulate a solicitation and advertising program to attract visitors. The Bureau strives to broaden the scope of Lubbock's recognition as a convention city. It acts as an information clearinghouse, convention management consultant, promotional agency for the city, and often as a catalyst for urban devel'opment and renewal. The Bureau builds and supports the "Convention Industry", which has become one of the largest industries in Lubbock that contributes to the overall economic impact. An Operating Board of Directors, consisting of a cross section of various business leaders appointed by the Chamber of Commerce Board of Directors, acts as an advisory council for the Conventions �,.., Bureau. /01 Goals/Objectives 1. Reach the meeting and convention planner on a one- to-one basis. Frequent trips to cities and metropolitan .areas where there is a concentration of meeting planners and executive officers must be planned. Direct sales calls reach the executive planner on a one-to-one basis to expose the city's convention and meeting potential. Sales trips will be held sometimes in conjunction with various individuals such as hotel personnel, restaurant owners, airline personnel, business leaders and city officials. 2. Keep in constant contact with the broad spectrum of national, state and regional convention market by direct mail program. The direct mail program will call attention to Lubbock's attractions and facilities .for meetings and conventions. 3. Advertise in publications covering the conventions and meeting market. Placement of these ads will keep Lubbock's convention facilities in front of the national, state and corporate meeting planner. No Text 4. Exhibit in tradeshows so the meeting planner may become exposed to Lubbock's capabilities for meetings and conventions. Exposure brings attention -in building the city's reputation as a convention and meeting market. 5. Develop audio visual presentations outlining our city's attractions. The audio visual presentation gives the meeting planner an overview of the facilities and activities available for his or her convention. Lubbock citizens, by viewing this slide presentation, will encourage everyone to support conventions to our city. 6. Develop brochures that depict the city as a meeting and convention location. 7. Concentration on sales missions to other cities. Sales personnel from hotels, restaurants, airlines, business leaders, city officials, etc., will go as a team from Lubbock to make calls on those meeting planners who can bring a potential meeting to our city. 8.- Coordinate a continuous local awareness program to inform Lubbock citizens of the economic impact conventions and visitors add to our city, and ask local leaders of associa- tions to help secure meetings to our city. Tourist Sales and Promotions 1. Develop a package tour brochure -.,of the city of Lubbock and surrounding area. 2. Mail out the package tour brochures to travel agents, tour brokers, travel writers, airline personnel, and travel counselors. 3. Implement creative ads that will encourage the traveling public to explore the possibilities of visiting Lubbock and the West Texas area. 4. Participate in various trade and travel shows displaying our attractions. 5. Have available for mail -out and giveaway, a press kit and media information packet. 6. Formulate a section in the newspaper in order to imform Lubbock citizens and surrounding areas of.various attract - tions that are in and around Lubbock. h Lubbock Visitors and Conventions Bureau- 1987-88 Proposed Budget Reduced Level The Reduced Level Budget absorbs the Incentive Program expenses. Income, Personal Services, Administration, and Awareness remain at the 1986-87 level. Convention advertising is decreased and Lubbock Tourism Promotion is eliminated. Activity Level # Convention Presentations 25 # Convention Familiarization Tours 2 # Convention Site Tours 18 # Sales Blitzes 3 # Tourism Tradeshows 0 # Tourism Direct Sales Trips 0 Performance Level # Conventions Booked 30 # Convention Delegates 23,455 #,Tourism Reservations 0 # Group Tours Booked 0 h Lubbock Visitors and Conventions Bureau 1987-88 Proposed Budget Reduced Level INCOME 553,750 EXPENSES PERSONAL SERVICES 136,700 ADMINISTRATION 52,747 LUBBOCK AWARENESS 601 Advertising 11,579 605 Sales Blitz 14,000 Total Lubbock Awareness 25,579 LUBBOCK CONVENTION PROMOTION 701 Advertising 186,828 702 Direct Sales 46,399 703 Tradeshow Representation 6,250 704 Familiarization Tours 19,930 705 Sales Blitz 23,903 706 Incentives 55,414 Total Lubbock Convention Promotion 338,724 LUBBOCK TOURISM PROMOTION 801 Advertising 0 802 Direct Sales 0 803 Tradeshow Representation 0 Total Lubbock` Tourism Promotion 0 Total Expenses 553,750 -0- Lubbock Visitors and Conventions Bureau 1987-88 Proposed Budget 4 Current Level The Current Level Budget contains no'provision for the Incentive Program expenses. Income, Personal Services, Ad- ministration, Awareness, Convention Promotion, and Tourism Promotion remain at the 1986-87 level. This level is $(26,525) below the LVCB's 1985-86 budget. Activity Level # Convention Presentations 25 # Convention Familiarization Tours 2 # Convention Site Tours 18 # Sales Blitzes 3 # Tourism Tradeshows 3 # Tourism Direct Sales Trips 2 Performance Level #_ Conventions Booked 45 # Convention Delegates 41,590 # Tourism Reservations 261 # Group Tours Booked 2 Lubbock Visitors and Conventions Bureau 1987-88 Proposed Budget r Current Level INCOME 101 City of Lubbock - Hotel Tax 453,750 102 Board of City Development 100,000 Total Income 553,750 EXPENSES PERSONAL SERVICES 401 Permanent Full Time Salaries 99,120 402 Part Time Salaries 6,432 403 Sales Incentives 7,300 404 Retirement 7,409 405 Social Security 7,552 406 Hospitalization, Dental, Life 6,572 407 Life & Long Term Disability 955 408 Worker's Compensation 610 409 Unemployment 750 �► , Total Personal Services 136,700 ADMINISTRATION 501 Office Supplies 6,500 502 Uniforms 100 503 Maintenance Office Equip/Furniture 1,827 504 Maintenance Communication Equip. 100 505 Professional Services (Audit/Research) 6,000 506 Boards and Commissions 5,632 507 Bank Service Charges 15 508 Telephone 6,000 509 Postage 7,000 510 Freight & Express Charges 630 511 Expense Allowance & Other 4,350 512 Insurance (Liability, Surety, Other) 956 513 Rent Lease Machinery Equip. 3,505 514 Professional Dues & Subscriptions 3,462 515 Training & Travel 6,070 600 520 Misc. Total Administration 52,747 LUBBOCK AWARENESS �-� 601 Advertising 11,579 605 Sales Blitz 14,000 Total Lubbock Awareness 25,579 f ' LUBBOCK CONVENTION PROMOTION 701 Advertising 190,139 702 Direct Sales 46,399 703 Tradeshow Representation 6,250 704 Familiarization Tours 19,930 705 Sales Blitz 23,903 Total Lubbock Convention Promotion 286,621 LUBBOCK-TOURISM PROMOTION 801 Advertising 45,163 802 Direct Sales 1,340 803 Tradeshow Representation 5,600 Total Lubbock Tourism Promotion 52,103 Total Expenses 553,750 -0- Lubbock Visitors and Conventions Bureau 1987-88 Proposed Budget Expanded Level The Expanded Level Budget represents the Current Level Budget plus three expanded levels: l) Tourism Promotion Program 2) Incentive Program 3) Restoring the LVCB budget to its 1985-86 level. This level allows for competitive convention promotion and the formulation of a tourism promo- tion program. Activity Level # Convention Presentations 25 # Convention Familiarization Tours 2 # Convention Site Tours 18 # Sales Blitzes 3 # Tourism Tradeshows 8 # Tourism Direct Sales Trips 20 # Tourism Familiarization Tours 1 Performance Level Conventions Booked 45 # Convention Delegates 41,590 # Tourism Reservations 1,044 # Group Tours Booked 15 * The Texas Tech University Restaurant, Hotel, Institutional Management Program will conduct a tourism research survey to measure the effectiveness of the LVCB's tourism promotion program._ Lubbock Visitors and Conventions Bureau 1987-88 Proposed. Budget Expanded Level INCOME 101 City of Lubbock - Hotel Tax 652,701 102 Board of City Development 100,000 Total Income 752,701 EXPENSES PERSONAL SERVICES 162,994 ADMINISTRATION 60,347 LUBBOCK AWARENESS 601 Advertising 41,579 605 Sales Blitz 14,000 Total Lubbock Awareness 55,579 LUBBOCK CONVENTION PROMOTION 701 Advertising 190,139 702 Direct Sales 46,399 703 Tradeshow Representation 6,250 704 Familiarization Tours 19,930 705 Sales Blitz 23,903 706 Incentives 55,414 Total Lubbock Convention Promotion 342,035 LUBBOCK TOURISM PROMOTION 801 Advertising 100,833 802 Direct Sales 5,785 803 Tradeshow Representation 15,340 804 Familiarization Tours 3,100 Total Lubbock Tourism Promotion 125,058 Total Expenses 746,013 6,688 Total 117,012 Expanded Level -#I Tourism Promotion Program. LUBBOCK TOURISM PROMOTION 90,718 801.0 ADVERTISING 67,833 801.1 Magazine 10,000 801.2 Newspaper 12,120 801.3 Direct Mail 13,000 801.4 Radio/TV/Film 8,000 801.5 Outdoor 1,000 801.6 Co-op 14,000 801.7 Print 4,013 801.8 Specialty 5,700 802.0 DIRECT SALES 4,445 802.1 Transportation - 1,950 802.2 Food & Lodging 2,155 802.3 Entertainment 340 803.0 TRADESHOW REPRESENTATION 15,340 803.1 Transportation 3,200 " 803.2 Food & Lodging 3,170 803.3 Entertainment 150 803.4 Registration 8,220 803.5 Frieght 50 803.6 Decorations 550 804.0 FAMILIARIZATION TOURS 3,100 804.1 Transportation 900 804.2 Food & Lodging 1,200 804.3 Entertainment 1,000 400.0 PERSONAL SERVICES 26,294 401.5 Tourism Coordinator 23,000 405.6 Social Security 1,644 406.0 Hospitalization, Insurance 1,650 Total 117,012 Expanded Level #2 Incentive Program LUBBOCK CONVENTION PROMOTION 706 Incentives 55,414 Total 55,414 Expanded Level #3 Restoring LVCB Budget to 1985-86 Level ADMINISTRATION 7,600 501 Office Supplies 700 502 Uniforms 100 - 505 Research 2,000 (� 508 Telephone 500 509 Postage 2,000 511 Expense Allowance 900 513 Computer Rental 1,400 LUBBOCK AWARENESS 601 Advertising 18,925 Total 26,525 CURRENT LEVEL ..: PERSONNEL .PERMANENT FULL TIME Executive Director State Coordinator Local Coordinator Secretary PART TIME Assistant EXPANDED LEVEL PERSONNEL PERMANENT FULL TIME Executive Director State Coordinator Local Coordinator Tourism Coordinator Secretary PART TIME Assistant PREPARED BY: City of Lubbock FinanceDepartment. City of ` Lubbock Hotel 'Occupancy Tax Allocation Allocation. Rate in: Budget Rate in Budget 1987-88 1987-88 1986-87 1986-87 Reserve for Arts and ---------- ---------- ---------- Related items;cent 82,500 0.5 cent 82, 500 Debt Service 2.25 cents 371,250 2.25 cents 371,250 Convention and Tourism 2.75 cents 453, 750 2.75 cents 453, 750 General Fund 0.4 cents 66,000 0.4 cents 66,000 Reserve For Special - Projectsu 0 1, -cents 16,500 0.1 cents 16,500 Ressve For Convention an, Purism Capital Pr. y�ts 1 cent ` ------------------------ 165, 000 1 --------- ----------------------- cent 165,000 ---------- T otals Totals 7 cents 1,1552000 7 cents '1,155,000 7 cent = M The current Hotel Occupancy Tax Rate l September 8, 1987 John Logan, General Manager Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 Dear John: In response to the Chamber's request for an expanded level tourism program presented to the Council on August 27, 1987, h =' the Council has approved the contract which is enclosed for your signature. Enclosed are two copies. If you would sign both copies, return one for our records, and retain one for f yours, I would appreciate it. The Council wishes you and the Convention Bureau success in this new program and feel, if successful, it is one that will benefit the entire community. Sincerely, December 2, 1987 The Honorable B. C. "Peck" McMinn Mayor, City of Lubbock P. 0. Box 2000 Lubbock, TX 79457 Dear Peck: Lubbock Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 806-763-4666 RECEi V DE'% 31987 WAYS R'S CFi ,,CE The Expanded Tourism Service Grant Contract between the City of Lubbock and the Lubbock Chamber of Commerce has been signed and a copy is attached. As was discussed in the meeting with you and others on November 24th, there are concerns about some provisions in the contract. The Board, however, authorized the signing of the contract based on the understanding that a committee made up of two Council Members, two Chamber Board Members and two Convention Bureau Board Members would be appointed to review the contract in the interest of either eliminating or correcting the concerns. It is our understanding that these negotiations would take place in the spring of 1988. Our attorneys expressed concerns to us about certain provisions in the contract and the process utilized in drawing the contract between the two parties. A copy of their letter pointing out these concerns is attached for your information. We hasten to point out that we believe that the Expanded Tourism Program as outlined to the Council is a good one and will indeed produce good results for Lubbock. To accomplish these objectives, and in the spirit of cooperation for these programs that are good for Lubbock, we are returning the signed contract and are entering into this program with great enthusiasm and high expectations. It is also our understanding that the city is prepared to fund the first quarter of the grant upon receipt of the signed contract. The Newest Star On The Texas Horizon Expanded Tourism Service Grant Contract December 2, 2987 Page 2 We invite you, other council members, and city staff to Join us in support of the effort. Sinc r y yours.. To a Stevens Chairman Board of Directors TS/fa Enclosure P. S. We are enclosing copies for other council members in compliance with your request. MCCLESKEY, HARRIGER, BRAZILL & GRAF ATTORNEYS LUBBOCK, TEXAS THE PLAINS NATIONAL BUILDING 5010 UNIVERSITY - ZIP 79413 P.O. DRAWER 6170 - ZIP 79493 JERRY M. KOLANDER, JR. 806 / 796-7300 (806) 796-7311 TELECOPIER (806) 796-7365 September 25, 1987 Mr. John Logan Lubbock Chamber of Commerce P.O. Box 561 Lubbock, Texas 79408 RE: "Expanded Tourism Service Grant" Between the City of Lubbock and the Lubbock Chamber of Commerce Dear Mr. Logan: We have carefully reviewed the Expanded Tourism Service Grant which you delivered to us today and which has already been signed by the City through Mayor B. C. McMinn following passage of Resolution 2640. As you may have noted, all of this has been made a part of the minutes of the City Council as of Septemer 10, 1987. There are a number of items in the agreement that are bothersome. However, of primary concern to us, as the attorneys for the Chamber, is the manner in which this agreement has been processed. Obviously, it has been signed, approved, and made a part of the minutes of the City Council before the Chamber has had an oppor- tunity to review either the form or content thereof. This proposed agreement contains provisions and impositions of obligations on the Chamber acting through the Bureau which have never before been discussed between the parties to the proposed agreement. As you are aware, the Lubbock Visitors and Conven- tions Bureau will have primary responsibility for management of the grant. The Chamber and the Bureau are undertaking some extremely important responsibilities through this agreement. It is not customary in business dealings to have an "agreement" unilat- erally signed. Normally, an "agreement" contemplates a meeting of the minds of the parties. I have spoken with John C. Ross, Jr., City Attorney, today and have been told that, in his opinion, the terms of this agreement are not negotiable. Representatives of the Chamber and members of the staff at the City have negotiated contracts in the past and arrived at mutually agreeable terms before that document has been presented for final approval and execution. To do otherwise, as in this case, can many times lead to confusion and misunderstanding concerning the terms and conditions of the agreement. As you well know, we have negotiated other contracts with the City through Mr. Ross. Consequently, when I received copies of the agreement I contacted him to discuss the three or four concerns I have. He was very reluctant to discuss anything with me concerning this contract and finally suggested that I write him a letter setting out the objections and that he would present that letter to Rita Harmon and have Ms. Harmon contact me. I have written that letter and, hopefully, Ms. Harmon will contact me next week. Those items we find objectionable in the contract are as follows: (1) The last sentence of paragraph three on page two is of the greatest concern to us. This sentence adds a provision to the "agreement" that was not made a part of the proposition and to our recollection never directly discussed before the City Council on August 27, 1987. The grant request was made without any intended offset. We understood the tourism demonstration grant was an unconditional funding. This sentence alters the LVCB's normal funding process by instituting a cap of $453,750.00, despite increasing costs and expenses. (2) It was the intention of the presenters on behalf of the LVCB on August 27, 1987 to show the potential growth of the tourism industry in Lubbock. As the industry grows so will the LVCB's costs associated to servicing, advertising, and administering the program. Many times the presenters noted that $117,000 was a minimal budget to get the program started on. It was not the intention of the presenters on behalf of the LVCB on August 27, 1987 to lead the City Council to believe that the LVCB "anticipated" that expanded tourism services would generate additional sufficient revenues so that the expanded program would be assimilated into the basic services provided by the LVCB funded by the two and three fourths cent hotel/motel allocation. The statement contained in the fifth "Whereas" on the first page making this assumption is not, in our opinion, accurate. When this matter is reviewed in the future, we do not want to be accused of misleading the City into thinking that the LVCB foresees in its crystal ball that such additional revenues will be generated. (3) With regard to the same "Whereas" paragraph on the first page, the LVCB certainly does not intend that the expanded tourism program will be assimilated into the basic services provided under existing contracts for any reason. (4) There is concern regarding the actual budgetary process the City prefers the LVCB to follow. In order for the Chamber and LVCB to comply with the City's requirements, it will be helpful if the City staff can present written guidelines as to how the Chamber and Bureau can meet the City's budgetary requirements. (5) The contract references many times to separate budgeting and accounting of funding and performance, yet seems to require the "assimilation" of the grant into the regular convention and tourism programs. This seems to be in conflict. As a whole, the grant is written in terms that are somewhat confusing. The objections that we have listed here and other unclear wordings could have been avoided, or at least discussed and answered had we been given the opportunity to review the "agreement" prior to its approval by the Mayor and City staff. As attorneys for the Chamber, we know that you will understand our dissatisfaction with the way in which this "agreement" has been handled. Maybe we will be able to resolve those differences after I have had an opportunity to visit with Ms. Harmon in the next few days. We will keep you informed. Very truly yours, LES11#o , H IGER, BRAZILL & GRAF ry M. anJr. JMK: