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HomeMy WebLinkAbout11999 ORD - 04/10/1974JRR:jkh:4- 10 -74; 1st TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE -YEAR CONTRACT WITH THE CORPUS CHRISTI TOURIST BUREAU FOR TOURIST AND CONVENTION ADVERTISING AND PROMOTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; AUTHORIZING THE CITY MANAGER TO EXECUTE A WAIVER OF CONTRACT TERMINATION NOTICE AGREEMENT WITH THE CORPUS CHRISTI CHAMBER OF COMMERCE, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B "; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he-is hereby authorized and directed to execute a new contract on behalf of the City of Corpus Christi with the Corpus Christi Area Tourist Bureau for tourist and convention adver- tising and promotion for a five -year term, all as more fully set forth in the contract, a copy of which is attached hereto and made a part hereof, marked Exhibit "A ", and a Waiver of Contract Termination Notice Agreement with the Corpus Christi Chamber of Commerce, annexed hereto and incorporated herein as Exhibit "B ". SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by.final judgment of a court of competent jurisidction it shall not affect any other sections paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section,paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. The necessity to execute the contract and waiver of contract termination notice agreement hereinabove provided creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of 11999 the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the�� of April, 1974. ATTEST- "A76OVED: YOR THE CITY OF C ORPUS CHRISTI, TEXAS , . NJ 051 'City THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, hereinafter called the "City", desires to attract' more tourists and conventioners to Corpus Christi; and WHEREAS, City benefits both indirectly, through more economic activity, and directly, by increased sales tax and hotel and motel occupancy tax income developed by such tourists and conventioners to the interest of the public welfare; and WHEREAS, the Corpus Christi Area Convention and Tourist Bureau, hereinafter called "Tourist Bureau ", has personnel who are trained and experienced in the field of tourist and convention promotion, and has been carrying out a service pro- gram to help insure that tourists and conventions return to Corpus Christi after thek initial visit, and other programs to stimulate and increase economic activity in the City: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the following contract is agreed to between the parties hereto: A. Tourist Bureau agrees: 1. To provide professional services to the City through advertising and promotion of additional tourist and convention traffic to the Corpus Christi area, and to assist in creating conditions which will encourage them to return on other visits and for meetings. Professional services, to be performed by the Tourist Bureau shall include only the following: (a) an advertising campaign with State, National and International coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; development of literature, maps, folders and other advertising and promotion material to solicit tourists and conventioners for this region, and to better inform tourists and conventioners • of area attractions when they arrive; (c) creation of movies, film clips, photographs, color separations and transparencies to be used for publicity; (d) transportation for members of the Tourist Bureau staff to various parts of North America in con- , tacting publishers, film and television producers, editors, writers, media personalities, travel agents, tour producers, executives of trade associations and other convention and group meeting prospects, for the purpose of inducing them to advertise, publicize and encourage-group movements to Corpus Christi, and to provide transportation for such people on familiarization trips so that they may analyze our tourist and convention assets; (e) direct, telephone, and mail contacts with employees or officers of groups which may desire to bring a convention to Corpus Christi; (f) development of brochures describing Corpus Christi convention facilities; (g) distribution of such conven- tion brochure through direct mailings; (h) development of promotional items to be used at various meetings throughout the t country to promote conventions coming to Corpus Christi; (i) development of a visual presentation for use at conventions; (j) development of a convention bid folder; (k) taking and development of pictures for association publications and conven- tion programs; (1) improvement in supporting services to conven- tions while in Corpus Christi; (m) development of promotional advertising in convention trade publications; and (n) direct contacts at conventions elsewhere throughout the state and country to attract conventions to Corpus Christi. 2. That the tourist and convention promotion and service activities presently being carried out by the Convention and Tourist Bureau and by the Corpus Christi Chamber of Commerce under its contract of October 24, 1968, as amended, with the City of Corpus Christi will continue at least at their current levels. 3• That the professional services provided under this contract will be supervised by the Executive Vice - President of the Tourist Bureau. &Z 4. The Tourist Bureau agrees that it will record expendi- tures involved in this program on a monthly basis in separate accounts, according to the budget approved by the City. Tourist Bureau will provide an independent audit for such expenditures indicating expenditures under this contract for each year ending July 31. 5. The books of account of the Tourist Bureau will be maintained in a form approved by the Director of Finance of the City of Corpus Christi and will be available for inspection and copying by the Director, his duly authorized agents and representatives, during regular business hours of the Tourist Bureau. 6. At the end of every quarter after the date hereof the Tourist Bureau will furnish to City a performance report of its work under this contract in a form determined by the City Manager and which shall reflect overall activity, meetings, conventions and conferences conducted and attended, identity and amounts of advertising contracts placed, number of personnel employed and their general duties, and copies of literature produced as well as a description of direct mailings in the last quarter, and similar information. B. City agrees: 1. That for the services performed by Tourist Bureau hereunder the City will compensate Tourist Bureau in a total sum not to exceed the unencumbered balance.of Corpus Christi 1973 -1974 Budget Activity 5501, being an originally appropriated amount of $198,500 for Tourist and Convention Development, for the period from April 1, 1974 to August 2, 1974. Thereafter and for the balance of the term of this contract the City Council of the City of Corpus Christi shall endeavor to appropriate for the periodic funding of this contract an annual sum of money -3- approximating but not in excess of the sum of revenues projected by the City for the ensuing fiscal year to be collected by the City from the hotel -motel occupancy tax, Similarly the City will endeavor to appropriate a like sum in the fiscal years follow- ing 1974 -1979 during the term of this contract. That,upon execution hereof, the City will disburse to the Tourist Bureau a sum equal to one - quarter (1/4) of the unexpended and uncommitted funds of Corpus Christi 1973 -1974 Budget Activity 5501 Tourist and Convention Development Eel -9 a 43T; including the said pro rata of reappropriated funds therein for support'of this contract, recognizing current services. After August 1, 1974, during the term of this contract and thereafter until its termination, the City will pay to Tourist Bureau a sum equal to one - twelfth (1/12) of the total unexpended annual appropriation for this contract to Tourist Bureau for the services herein engaged on or about the first of each month. It is understood and agreed that the Tourist Bureau may copyright, to the use and benefit of the City of Corpus Christi, any material or document it deems appropriate and qualified for copyright and may administer said copyrights for the City. C. The parties further agree: 1. In no event shall the City be liable for any contracts whatever made by Tourist Bureau with any person, firm, corporation, association or governmental body, other than City itself. 2. In no event shall the City be liable for any damages, injuries, or losses charged to or adjudged against the Tourist Bureau arising from its operations, use or maintenance of facilities. 3. This contract constitutes a novation and super- sedes all other contracts and understandings heretofore made and had between City and Tourist Bureau. -4- • 4. As to the heretofore existing contract between City and Tourist Bureau both parties hereby waive the 30 -day notice of termination therein provided. 5. Either party may terminate this contract as of the last day of any fiscal year upon one years prior written notice or at any other date designated to be effective after one years written notice to the other party. Notice shall be deemed given to commence as of the deposit date in U. S. certified mail properly stamped for and addressed for delivery to City at City Hall, Corpus Christi, Texas and, to Tourist Bureau, to 403 North Shoreline, Corpus Christi, Texas. This contract shall be in force from April 1, 1974 until March 31, 1979• If for any reason any section, paragraph, subdivision, clause,.phrase, word or provision of this contract shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph,'subdivision, clause, phrase, word or provision of this contract, for it is the definite intent of the parties hereto that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. WITNESS OUR HANDS in duplicate originals at Corpus Christi, Texas, this the day of , 1974• ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend City Manager $B ED: _t DAY OF 1974: J�D ZT�� "Cl City Attorne r]' ATTEST: CORPUS CHRISTI AREA TOURIST BUREAU By Secretary AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES • It is hereby mutually agreed by and between the City of Corpus Christi and the Corpus Christi Chamber of Commerce, for good and valuable consideration mutually exchanged, the receipt of which is hereby acknowledged and confessed: 1. Both of the said parties hereby waive the 30 -day notice of termination of their contract of October 24, 1968, as amended, and mutually agree the same to be terminated as of April 1, 1974. 2. Both of the said parties hereby agree that the said Chamber of Commerce shall promptly furnish to City a statement of charges due and owing, if any, under said 1968 contract, as amended, and, in any event, no charges or expenses shall be incurred under said contract after April 1, 1974. WITNESS OUR HANDS in duplicate, each of which shall be considered an original, this the 119 day of April, 1974. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF APRIL, 1974: City Attorney ATTEST: Secretary By. R. Marvin Townsend City Manager CORPUS CHRISTI CHAMBER OF COMMERCE By rX �r • Corpus Christi, Texas M day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfull MAYOR THE CITY OF CORPUS CHRISTI, TEXAS--- The Charter rule was suspended by the following vote: Jason Luby , James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez V Gabe Lozano, Sr. J. Howard Stark V The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch ThomaF V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard St.>rk l Ulf