HomeMy WebLinkAbout5004RESOLUTION NO. 5004
A RESOLUTION APPROVING A CONTRACT FOR PROMOTIONAL
SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE PUEBLO CHAMBER OF COMMERCE
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTTnN 1_
The Contract For Promotional Services dated the 12th day of
July, 1982, between the City of Pueblo, a Municipal corporation
and The Pueblo Chamber of Commerce relating to the promotion and
advertisement of the facilities, services and attractions of the
City, having been approved as to form by the City Attorney, is
hereby approved.
SECTTnN 2_
The President of the City Council is hereby authorized and
directed to execute said Contract for and on behalf of the City
and the City Clerk is directed to affix the seal of the City
thereto and attest same.
ATTEST:
INTRODUCED: July 12 , 1982
By DOUGLAS L. RING
Councilman
APPROVED:
a m-� - '4�3
President of the Council
y C r
CONTRACT FOR PROMOTIONAL SERVICES
THIS AGREEMENT made
Jk 1 1 , 1982, by and
corporation of the State
"City ") and the PUEBLO C
corporation (hereinafter
and entered
between the
of Colorado
HAMBER OF CO;
referred to
into this 12 11 day of
CITY OF PUEBLO, a municipal
(hereinafter referred to as
YUIERCE, a Colorado nonprofit
as "Chamber ").
W I T N E S S E T H:
WHEREAS, the City is vitally interested in the economic
well being of the City, and
WHEREAS, the Chamber has established a Convention and
Visitors Council to promote Pueblo and to familiarize a wide
segment of the population with the facilities, services, and
attractions offered by the City,
MOW, THEREFORE, for consideration as subsequently provided
herein, the City and the Chamber hereby covenant and agree as
follows:
I. Purpose The purpose of this Agreement is to establish
the amount, duration, terms and conditions for a Contract for
Promotional Services between the City and the Chamber.
II. Promotional Services Provided by the Chamber The
Chamber agrees to provide convention and visitor promotional
services for the City. Convention and visitor promotional services
shall include, but not be limited to:
a. Advertising, printing, and publication and other
promotional practices as customarily used for securing conventions
and tourism for the City.
b. The leasing, purchasing, construction, maintenance
or otherwise acquiring of a site or sites for convention and
visitor information offices and promotional centers in the City.
C. The conception, design, purchase and installation
of any visual displays appropriate and necessary for promoting
conventions, visitors and tourism in the City.
d. The expenditure of funds for administration, salaries,
and other expenses necessarily incurred to carry out the terms and
conditions of this Contract.
III. Funding Agreement The City agrees to pay to the Chamber
such amounts as are annually budgeted and appropriated by the City
Council of City to fund this Contract. The amount annually budgeted
and appropriated shall be paid in equal monthly installments com-
mencing on January 5 of the budget year and continuing thereafter
on the fifth day of each month during such budget year or until prior
termination of this Contract.
IV. Administrative Control of Budget
a. The Board of Directors of the Chamber shall forthwith
appoint a committee which committee shall have as its responsibilities
and identification of specific promotional programs and services and
the development of a budget to carry out the terms and conditions
of this Contract. The committee may include representatives from
the convention and tourism industry, such as hotel /motel owners
and managers, advertising executives, restaurant owners and managers,
and travel agents.
b. A proposed budget shall then be prepared by the
committee mentioned above. The budget, as developed by the
committee, shall be approved by the Convention and Visitors
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Council and the Board of Directors of the Chamber.
C. The budget, as developed by the above - mentioned
committee, and approved by the Convention and Visitors Council
and the Board of Directors of the Chamber, shall be submitted
to City Council for its review and recommendations.
d. Commencing April 1, 1983, and on the first day of
each quarter thereafter during the term of this Contract, the
Chamber shall submit an accounting to the City which accounting
shall include a detailed itemization of expenditures made during
each quarter to carry out the terms and conditions of this Contract.
e. Notwithstanding any other provision of this Contract
to the contrary, not less than 550 of the funding provided by the
City in any calendar year during the term of this Contract shall
be expended for direct media and advertising purchases, and not
more than 450 of such funding shall be expended for administration,
salaries and other operating costs incurred in the performance of
this Contract.
V. Term of Contract This Contract shall become effective
when approved by Resolution of the City Council and shall be
terminable at any time by Resolution of the City Council.
VI. Third -Party Suits Not Authorized. It is specifically
agreed by and between the Chamber and the City that no provision
of this Contract is intended to create in the public or in any
member of the public any rights as third party beneficiaries
hereunder, nor to authorize anyone not a party to this Contract
to maintain a suit for personal injuries, property damage or
breach of contract hereunder.
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VII. Independent Contractor Status In carrying out the terms
and conditions of this Contract, it is agreed by and between the
Chamber and the City that the Chamber is at all times acting and
performing as an independent contractor and that the City shall
neither have nor exercise any control or direction over the manner
or means by which the Chamber performs its obligations during the
term of this Contract. The Chamber agrees to be responsible for
and to protect, save, hold harmless and indemnify the City, its
officers and employees from and against any losses, claims,
demands, damages, injuries, death or expenses of whatsoever kind
or nature resulting directly or indirectly from the acts or omissions
of the Chamber, its officers, agents or employees in the performance
of this Contract or any activity contemplated thereby or which may
arise under this Contract by virtue of the Chamber's obligations
pursuant to this Contract.
IN WITNESS WHEREOF, the parties having first been duly
authorized, have executed this Contract the day and year first
above written.
CITY OF PUEBLO
ATTEST: By
1
i
city, Clerk
APPROVED AS TO FORM:
Thomas E. JagVr /V
Pueblo City Attorney
127 First National Bank Bldg.
Pueblo, Colorado 81003
Telephone:(303)545 -4412
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PUEBLO CHAMBER OF COMMERCE
ATTEST:
Secretary
By
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