HomeMy WebLinkAbout14299 ORD - 05/10/1978JKH:ya:4 /27/78:2nd
AN ORDINANCE
AUTHORIZING TH CITY MANAGER TO ENTER INTO A FIVE -
YEAR CONTRACT WITH THE CORPUS CHRISTI AREA CONVENTION
AND TOURIST UREAU FOR TOURIST AND CONVENTION ADVER-
TISING AND ROMOTTON, ALL AS MORE FULLY SET FORTH IN
THE CONTR T,,A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PA T HEREOF, MARKED EXHIBIT "A "; PROVIDING FOR
SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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 Convention and Tourist Bureau for tourist and
convention advertising 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 ".
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 jurisdiction
it shall not affect any other section, 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.
.MlC OFILM
JUL 0 81980
14299
' 4 �
THE STATE OF TEXAS
COUNTY OF NUECES Q
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 inure 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 "Bureau ", has personnel who are trained and experienced
in the field of tourist and convention promotion, and has been carrying
out a service program to help insure that tourists and conventions return
to Corpus Christi after their initial visit, and other programs to stimulate
and increase economic activity in the city:
NOW, THEREFORE, in consideration of the mutual covenants con-
tained herein, the following contract is agreed to between the parties hereto:
A. 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 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; (b) development of literature, maps,
folders and other advertising and promotion material to solicit tourists
and conventioners, 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 Bureau staff in contacting publishers,
film and television producers, editors, writers, media personalities,
h X /,/
travel agents, tour producers, executives of 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
convention brochure through direct mailings; (h) development of promotional
items to be used at various meetings throughout the country to promote con-
ventions 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 conventions while
in Corpus Christi; (m) development of promotional advertising in convention
trade publications; and (n) direct contacts at conventions elsewhere in
the United States and North America to attract conventions to Corpus Christi.
2. That the professional services provided under this contract
will be supervised by the Executive Director of the Bureau.
3. That it will record expenditures involved in this program
on a monthly basis in separate accounts, according to the budget approved
by the City. Bureau will provide an independent audit for such expendi-
tures indicating expenditures under this contract for each year ending
July 31. Whenever any approved budget account is exceeded by more than 10 %,
Bureau shall provide City a report explaining the reasons for the variance.
All forms of compensation paid the Executive Director or any other Bureau
employee shall be reflected in a statement accompanying the budget. Accounting
records and the necessary independent audit shall also conform to the
accounting standards as promulgated by the American Institute of Certified
Public Accountants and to the requirements of Article 1396- 2.23a, the Texas
Nonprofit Corporation Act, as amended, so as to include a statement of
support, revenue and expenses, and balance sheets for all funds. Any
equities acquired by the Bureau in personal or real property of any kind
-2-
shall be reflected in such statement.
4. The books of account of the 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
Bureau.
5. At the end of every quarter after the date hereof the 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.
6. The Executive Director and any other officer or employee
of the Bureau designated to withdraw funds shall be covered by a blanket
fidelity bond in a penal sum of $100,000. Such bond shall be provided by
the Bureau, issued by a corporate surety designating the Bureau as named
insured, and in such form as to be approved by the City Attorney.
B. City Agrees:
1. That for the services performed by Bureau hereunder the
City will compensate Bureau in a total sum not to exceed the unencumbered
balance of the amount provided for Bureau in the Corpus Christi 1977 -78
Budget Activity 5501, being an original amount of $415,000, for the period
from April 1, 1978 to July 31, 1978. Thereafter and for the balance of
the term of this contract the City Council of the City of Corpus'Christi
shall endeavor to provide for the periodic funding of this contract an
annual sum of money approximating three - fourths of the sum of revenues
projected by the City for the ensuing fiscal year from the hotel -motel
occupancy tax.
During the term of this contract and thereafter until its
termination, the City will pay to bureau a sum equal to one - twelfth of
the total annual amount for this contract to Bureau for the services herein
-3-
engaged on or about the first of each month.
It is understood and agreed that the 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. That parties further agree:
1. In no event shall the City be liable for any contracts
whatever made by the 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 Bureau arising from its
operations, use or maintenance of facilities.
3. This contract constitutes a novation and supersedes all
other contracts and understandings heretofore made and had between City
and Bureau.
4. Either party may terminate this contract as of the last
day of any fiscal year upon one year's prior written notice or at any other
date designated to be effective after one year's 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 and addressed for delivery
to City at City Hall, Corpus Christi, Texas and to Bureau, to 613 South
Shoreline, Corpus Christi, Texas.
This contract shall be in force from April 1, 1978 until March
31, 1983.
If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this contract shall be held invalid or uncon-
stitutional 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.
-4-
V
• M r �
WITNESS OUR HANDS in duplicate originals at Corpus Christi,
Texas, this the day of , 1978.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary By
R. Marvin Townsend, City Manager
APPROVED:
_DAY OFI 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant Cit torney
i&a - r ctor of Fir ce
CORPUS CHRISTI AREA CONVENTION
AND TOURIST BUREAU
ATTEST:
By
Secretary
, 1 1 1
That the foregoing ordinance was read for the first time and passed to its
second reading on this the_s2_6_day of Q nZL& Q 19-13 , by the
following vote:
Gabe Lozano, Sr. Q6!L,Q-
Bob Gulley
David Diaz px.A4Q-
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
'That the foregoing ordinance was read for the second time and p�s d to its
third reading on this the�clday ofM a V i9 by the
following vote:
Gabe Lozano, Sr. �Q ,
Bob Gulley
David Diaz
Ruth Gill SLR
Joe Holt
Tony Juarez, Jr.
Edward L. Sample a A rz Q K�-
That the foregoing ordinanc as read for the thij, time and passed finally
on this the 10 day of 19 /yj by the following vote:
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
PASSED AND APPROVED, this the_/O day of
ATTEST:
City Secretary MAYO
ALPROVED:
y(p DAY OF ,197e:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assista y Attorney
14299
19-;?/ .
THE C1TY OF-COORPUS CHRISTI, TEXAS
r PUBLISHER'S AFFIDAVIITT
STATE OF TEXAS,
County of Nueces. J
Before me, the undersigned, a Notary Public, this day personally came ... ...............................
Rowena .. Gonzzly° who being first duly sworn, according to law, says that he is the
...................................... ............................... .
Accunting Clerk
....- ...o...... ................... ........... ............................... of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
:r L�ga1s..,._ PUELIC:.. DIO- TI�E.�....- CIIRPl18..- IIHR23TI... AREA ... 0MVERT .ILlM -AM) T.O.H.15T...tilJREA9 • • • .
of which the annexed is 's true copy, was published in Qaller -Times
on the._$ ...... day of.------ Maur . ........................19...Z$ ,ouch IKxxxxxxxxxxflDw 6 ta)fa.XXX.=xxxzx
otmxapa�xecxxxxxxxxxacxxxxxxxxxx�c
.............. l... ............Times.
$.._...la ... ............... ........... .. .:.? -- -g....._.... -_
Rowena �. Gonza vo Ccountin Zlerk
Subscribed and sworn to before me this...... 19. .......... day of............ May ... ............................... 19....- ? -$ - - -_
Lois Winn ............. . �r!y- .emu ............. .........._.
Notary keces County, Texas
y
Y
4
i `
` `
�PUBLICNOTICE
- Notke is hereby given that
City Council
'
Fthe of the City of T
Corpus Christi has, on the 3rd
day of May,; 970. appproved on
second read:,}}, prEGlously ap
' -c
,
proved on Crsf readl:g the 26th I
Y
day of April, 19M in ordinance
authorising the City Manager to ,
enter Into a five-year contract
with the Corpus Christi Area
Convention and Tourist Bureau
for tourist and convention ad•
vertlsing and promotion. The
fun text of this ordinance. Is
available to the public In the Of- r
face of the City Secretary.
Ntr ess my hand this 4th day i
t
of hay, 1978.
,
- s•Bill G. Reed,
City Secretary '
-
Corpus Christi, Texas.
x
'
r
V