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HomeMy WebLinkAbout05921RESOLUTION NO. 5921 A RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND THE COLORADO STATE FAIR AUTHORITY RELATING TO PROMOTIONAL SERVICES AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Contract dated October 27, 1986 between the City of Pueblo, a Municipal Corporation and the Colorado State Fair Authority relating to promotional services and capital projects at the Colorado State Fair, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized and directed to execute the 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. INTRODUCED: October 27, 1986 B SAMUEL CORSENTINO Councilman ATTEST: APPROVED: Ci y Clerk President of the City C unci CONTRACT FOR PROMOTIONAL SERVICES AND CAPITAL PROJECTS AT THE COLORADO STATE FAIR This Contract, made and entered into this 27th day of October, 1986, by and between the City of Pueblo, a Municipal Corporation of the State of Colorado (hereinafter referred to as "City ") and the Colorado State Fair, an authority organized under C.R.S., 35 -65 -401 (hereinafter referred to as "The Fair "). WITNESSETH: WHEREAS, the City is concerned about the attraction of tourists to the com- munity, and WHEREAS, the City believes that a strong tourist industry is very important to the economic vitality of the community, and WHEREAS, The Fair has established programs and promotions to attract tourists to Pueblo during the non -State Fair period of the year, and WHEREAS, The Fair will have capital improvement requirements in the future to accommodate events at The Fair facility. . NOW, THEREFORE, for consideration as subsequently provided herein, the City and The Fair hereby covenant and agree as follows: I. PURPOSE. The purpose of this Contract is to establish the amount, duration, term conditions for a Contract for promotional service including capital projects between the City and The Fair to promote Pueblo and its facili- ties, services and attractions. II. PROMOTIONAL SERVICES PROVIDED BY THE FAIR. The Fair agrees to pro- vide special events promotional services for events to be held at The Fair faci- lity during the non -State Fair period of the year for the City. These promotional services shall include, but not be limited to: a. Advertising, printing and publications and other promotional practices customarily used for securing conventions and tourism for the City. b. The conception, design, purchase and installation of any visual displays appropriate and necessary for promoting conventions, visitors and tourism in the City. c. The expenditure of funds for salaries, and other expenses necessarily incurred to carry out the terms and conditions of this Contract. d. The design and construction of capital projects at The Fair site to be available for use and activities during the non -State Fair period of the year and the promotion of such projects. -2- III. FUNDING AGREEMENT. The City agrees to pay to The Fair such amounts as are annually budgeted and appropriated by the City Council of the City to fund this Contract. The amount annually budgeted and appropriated shall be paid in equal monthy installments commencing on January 5 of the budget year and con- tinuing thereafter on the fifth day of each month during such budget year or until termination of this Contract. However, the City agrees to budget and approrpiate $50,000 in 1986 and commence payments upon the adoption of this Contract by the City Council of the City. IV. ADMINISTRATIVE CONTROL OF BUDGET. a. The Fair Board of Commissioners (herein referred to as "Board ") shall identify specific promotional programs, services and capital projects and develop a budget that will carry out the terms and conditions of this Contract. The Board shall have the responsibility to oversee the budget to assure the City that no funds from the City are utilized for the annual State Fair activities, promotions or services except capital projects developed and contracted with City funds may be utilized for State Fair activities. b. The budget, approved by The Board shall be submitted to the City Council no later than August 1 of each year for its review and approval. The Fair shall not spend any of the City's funds made available under the Contract except in accordance with the approved budget. c. Commencing January 15, 1987 and on the fifteenth day of each quarter thereafter during the term of this Contract, The Fair shall submit an accounting to the City which shall include a detailed itemization of expen- ditures made during each quarter to carry out the terms and conditions of this Contract. V. TERM OF CONTRACT. This Contract, after exception by The Fair, shall become effective when approved by Resolution of the City Council and may be ter- minated at any time by Resolution of the City Council. VI. THIRD PARTY SUITS NOT AUTHORIZED. It is specifically agreed by and between The Fair 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. VIII. INDEPENDENT CONTRACTOR STATUS. In carrying out the terms and con- ditions of this Contract, it is agreed by and between The Fair and the City that The Fair 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 Fair performs its obligations during the term of this Contract. The Fair 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 -3- or nature resulting directly or indirectly from the acts or omissions of The Fair, 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 Fair's obligations pursuant to this Contract. IN WITNESS WHEREOF, the parties have first been duly authorized, have exe- cuted this Contract the day and year first above written. CITY OF PUEBLO BY - - -W� APPROVED AS TO FORM: City A torn y ATTEST: Clerk COLORADO STATE FAIR AUTHORITY BY Chairman of th oard of Commissioners ATTEST: Secretary