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HomeMy WebLinkAboutO-2002-2593 -I e e ORDINANCE NO, 2002-~ 5c;.:3 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE-BAYSHORE CHAMBER OF COMMERCE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall ofthe City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of September, 2002. ~. ~~ ,ppp/ City Secretary e e THE STATE OF TEXAS COUNTY OF HARRIS This agreement made and entered into effective the 1 st day of October, 2002, by and between the City of La Porte, a municipal corporation, hereinafter called "City", and The La Porte - Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the State of Texas, hereinafter called "Chamber," WITNESSETH: WHEREAS, City has an ordinance providing for the assessment and collection of a Hotel Occupancy tax in the City of La Porte of four percent (4%) of the consideration paid by the occupant of a room, space or facility in any hotel/motel; and WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint potential users with public meeting and convention facilities and to promote tourism and advertise the City of La Porte; and WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the Chamber for the above stated purposes and that the Chamber use such funds for the above stated purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, City and Chamber hereby agree as follows: SECTION I. Chamber shall employ its best efforts for general promotional and tourist advertising of the City of La Porte and conducting solicitation and operating programs to contract conventions and visitors, including the establishment and operation by Chamber of a convention and visitors bureau. SECTION II. As a consideration for the services set forth in Paragraph 1 hereof, City agrees to pay to Chamber a base amount equal to twenty-five percent (25%) of the amount actually collected by the City up to an amount not to exceed $40,000 per year from the Hotel Occupancy Tax in any City fiscal year during the term of this agreement. During the term of this agreement, any increase in the base contribution will be based on a review of the annual performance report and the annual budget submitted by the Chamber. Any increase in the base contribution shall be approved by City Council. A one-time contribution for any new special event may be considered by the City based on the merits of the special event and City Council's approval. Any special event promoted by the Chamber of Commerce should be included in the annual budget submitted by the Chamber. e . SECTION III. The term of this contact is for three (3) years and expires on September 30, 2005. No less than ninety (90) days prior to the expiration of the initial 3-year term of this agreement, the City and Chamber may renegotiate the cap level as established in Section II. SECTION IV. In the event written notice is not given by either party, to this agreement, to the other party ninety (90) days prior to the termination date as noted herein, this agreement shall be extended on the same terms and conditions for an additional two (2) years. SECTION V. The City shall, on or before the 45th day following the end of each quarter, pay twenty-five percent (25%) of any amount of the monies collected for that quarter, to the Chamber until the not to exceed figure of $40,000 is reached. The quarters will end on the 31 st day of March, the 30th day of June, the 30th day of September and the 31 5t day of December of each year. SECTION VI. The Chamber agrees that it will record expenditures involved in this program on a monthly basis in separate accounts. The books of account will be maintained in a form approved by the City of La Porte. The Chamber agrees to forward a quarterly report to the City on expenditures involving the use of City funds. Chamber further agrees that the report will be forwarded on or before the 30th day following the end of the quarter. SECTION VII. The Chamber agrees, yearly, to prepare an annual budget on the use of hotel/motel funds received from the City of La Porte and to submit it to the La Porte City Council for approval. The budget submitted to City Council will coincide with the City's fiscal year. For the first year of this agreement, the Chamber agrees to submit the budget to Council by December 1, 2002. For all future years, Chamber agrees to submit the budget on or before August 10th of each year. SECTION VIII. The delegation to the Chamber of any activities funded by this agreement requires the Chamber, before making an expenditure, to provide written information to the municipality that indicates which scheduled activities, programs, events, or administrative costs are directly enhancing and promoting tourism and the convention and hotel industry. This required list shall be provided to the City Manager's office for review and filing with the office of the City Secretary. e . SECTION IX. Thirty (30) days after September 30, the end of every fiscal year, the Chamber will furnish to City a performance report of its work under this contract, which shall reflect overall activity, meetings, conventions and conferences conducted, identity, and amount of advertising conducted, copies of literature produced as well as a description of direct mailings in the last year, and the expenditures during the year of the funds received pursuant to this contract. SECTION X. The City reserves the right to audit, utilizing its staff or outside assistance, the annual financial activity of the Chamber that relates to the use of hotel/motel funds. SECTION XI. It is understood and agreed that Chamber shall not in any sense be considered a partner or joint venturer with City, nor shall Chamber be considered nor in any manner hold itself out as an agent or official representative of City. Chamber shall be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City. SECTION XII. Chamber does further agree to hold City harmless from any and all claims by third parties for any injuries, damage or liability occasioned by Chamber in connection with this agreement. SECTION XIII. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events: a. The giving of written notice by either party to the party at least ninety (90) days prior to the date of termination; b. The termination of the corporate existence of Chamber; c. The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against Chamber, or an assignment by Chamber for the benefit of creditors; d. The breach by Chamber of any of the terms and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Chamber of such breach; SECTION XIV. In the event of the termination of this agreement as provided in Section XII hereof, Chamber shall submit to City a statement showing any expenses incurred by it for the present year in which said termination takes place and City agrees to reimburse Chamber, to the extent that said monies are collected from the Hotel Occupancy Tax during that year, an amount equal to the lesser of the expenses incurred by the Chamber during that year or the amount of tax collected for that year obligated by this agreement. City also realizes that Chamber may have committed themselves to pay expenses for conventions or activities that will occur after the termination of e e this agreement, and City agrees to reimburse the Chamber for such expenses up to the cumulative sum of $1,000.00 from the Hotel Occupancy Tax. SECTION XV. This contract is not assignable. SECTION XVI. Any notice required to be given under the terms and provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Executive Vice-President La Porte - Bayshore Chamber of Commerce P.O. Box 996 La Porte, Texas 77572-0996 SECTION XVI. All the terms, condition and stipulations of this contract are subject to all applicable federal laws, and Charter of the City of La Porte, all ordinances passed pursuant thereto and all judicial determinations relative thereto. WITNESS OUR HANDS, effective the 1 sl day of October, 2002. ~ Ci~~e By: ~ ~one. Mayor ey <r-- LA PORTE - BA YSHORE CHAMBER OF ~~ By: I~I~~~ ~A President AT;(EST: ~ ~ f- tH'l--td- Secretary e City of La Porte Established 1892 October 1, 2002 Ms. Colleen Hicks, President Chamber of Commerce P.O. Box 996 La Porte, Texas 77572-0996 Re: Agreement for General Promotion of La Porte Dear Ms. Hicks: The attached Draft Agreement between the City of La Porte and the La Porte - Bayshore Chamber of Commerce incorporates a new base funding level approved by City Council plus opportunities to submit for funding for special one-time events. It also incorporates new language to bring into compliance with legislation regarding use of Hotel/ Motel Funds. Last, there are a few minor additions and clarifications. The draft is shaded where changes/new language occurs. Please review and respond at your convenience. I plan to place this item on th~ October 14, 2002 Council Agenda. JJ/ml 604 W. Fairmont Pkwy, · La Porte, Texas 77571 · (281) 471-5020 e e DRAFT THE STATE OF TEXAS COUNTY OF HARRIS This agreement made and entered into effective the 1 sl day of October, 200,2, by and between the City of La Porte, a municipal corporation, hereinafter called "City", and The La Porte - Bayshore Chamber of Commerce, a non-profit corporation chartered under the Laws of the State of Texas, hereinafter called "Chamber," WITNESSETH: ,WHEREAS, City has an ordinance providing for the assessment and collection of a Hotel Occupancy tax in the City of La Porte of four percent (4%) of the consideration paid by the occupant of a room, space or facility in any hotel/motel; and WHEREAS, the Chamber is equipped to advertise and conduct solicitation programs to acquaint potential users with public meeting and convention facilities and to promote tourism and advertise the City of La Porte; and WHEREAS, it is to the mutual benefit of the City and Chamber that the City provide funds to the Chamber for the above stated purposes and that the Chamber use such funds for the above stated purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, City and Chamber hereby agree as follows: SECTION I. Chamber shall employ its best efforts for general promotional and tourist advertising of the City of La Porte and conducting solicitation and operating programs to contract conventions and visitors, including the establishment and operation by Chamber of a convention and visitors bureau. SECTION II. As a consideration for the services set forth, in Paragraph 1 hereof, City agrees to pay to Chamber a base amount equal to twenty-five percent (25%) of the amount actually collected by the City up to an amount not to exceed $40,000 per year from the Hotel Occupancy Tax in any City fiscal year during the term of this agreement. DUring the term of this agreement, any increase in the base contribution will be based on a review of the annual performance report and the, annual budget submitted by the Chamber. ' Any mcrease i~ the b~e contribup.on ~halI be, apprc;>vedby City CounciL A one-time contribution for ~any new, speciafevent may be considered by the City based on the me~ts of the special' event and' City' Co~ci1' s ,approval~ ,AnY' special event' promoted by. the 'Chamber of Commerce shQ:w.d be inCluded in ~eann~,budget ~ubmitted ~y the Chamber.