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 -2- 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. -3- 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 -4- PUEBLO CHAMBER OF COMMERCE ATTEST: Secretary By -5-