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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