RES 1987-99 - 00004752}
IRESOLUTION NO. 99 - 1987
RESOLUTION AUTHORIZING EXECUTION OF A REVISED CONVENTION
AND TOURISM AGREEMENT
WHEREAS, the North Metro Convention and Tourism Bureau, a non - profit
organization incorporated under the Minnesota Non - Profit Corporation Act,
Minnesota Statutes, Chapter 317, has as its purpose to professionally promote
tourism and conventions in the North Suburban Communities, particularly along
the I -694 corridor: and
WHEREAS, the North Metro Convention and Tourism Bureau is able to serve as an
administrator of funds collected from city lodging taxes under Minnesota
Statutes, Chapter 477A.018; and
WHEREAS, the City of Fridley entered into an agreement with the North Metro
Convention and Tourism Bureau for the period from August 1, 1986 through
December 31, 1987 by virtue of Resolution No. 57 -1986. dated July 21, 1986;
and
WHEREAS, Article 1. TERM of that agreement reads as follows: "The term of
this Agreement shall begin on August 1, 1986 and shall terminate on December
31, 1987, unless both parties have agreed to its renewal in writing on or
before December 1, 1987. "; and
WHEREAS, the Board of Directors of the North Metro Convention and Tourism
Bureau at its meeting of September 9, 1987, approved a new agreement to be
submitted to the three cities who had entered into the original agreement; and
WHEREAS, the amended agreement is attached hereto and incorporated herein by
reference as Exhibit "A "; and
WHEREAS, the terms and conditions of said agreement appear to be reasonable
and proper.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that
the Mayor and the City Manager be and hereby are authorized to enter into the
agreement which is attached hereto as Exhibit "A ".
This resolution shall become effective upon its passage and without
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF
DECEMBER, 1987
� l
WILLIAM J. NEE 1" YOR
ATTEST:
SHIRLEY A. HkAPAIA - CI Y CLERK
IEXHIBIT "A"
CONVENTION AND TOURISM BUREAU AGREEMENT
THIS AGREEMENT made between the City of Fridley, Minnesota, a municipal
corporation, (hereinafter referred to as the "City ") and the North Metro
Convention and Tourism Bureau, a nonprofit corporation (hereinafter referred
to as the "Bureau "),
WHEREAS, the City has imposed a tax on lodging to fund a convention and
visitors bureau.
WHEREAS, the Bureau has the staff, facility, and experience to carry out the
objectives of promoting the City as a tourist and convention center.
NOW, THEREFORE, BE IT RESOLVED the parties agree as follows:
1. TERM. The term of this agreement shall begin on August, 1, 1986, and
continue until cessation by mutual agreement or until withdrawl by one of the
parties in accordance with the following provisions:
a. The party withdrawing from this agreement shall provide the other
' party written notice to that effect no later than June 30 of any calendar
year.
b. Withdrawl shall be effective December 31 of the calendar year
following the year in which written notice of withdrawl is given.
2. SERVICES RENDERED BY BUREAU. The Bureau shall furnish the following
services:
a. Informational services in answering inquiries about the City via
mail, telephone, and personal contacts.
b. Provide planning, coordinating and registration assistance to
organization and businesses.
C. Supply support material, including but not limited to name badges,
city maps, typewriters, accomodations list, and information in general.
d. Prepare and present audio visual presentations to groups to attract
visitors to the City.
e. Distribute brochures, maps and guides of the City to potential
visitors and meeting planners.
f. Provide representation at trade shows, conventions, and exhibits to
1 attract new visitors to the City.
g. Promote the City as a convention center for Minnesota by regional and
state -wide advertising of the City's hospitality industry and
attractions.
3. CHARGES. Basic services provided pursuant to paragraph 2 of this
Agreement shall be without charge to the person or organization utilizing such
services unless authorized by contractual agreement or action of the board of
' directors.
4. BUDGET. The Bureau shall submit its annual budget for review by the City
Council on or before the 1st day of October of the year preceding the
effective date of the budget. Such budget shall detail with specifically the
uses to which monies received shall be spend to provide the services described
in paragraph 2 of this Agreement.
It is understood between the parties that the actual revenues being generated
under paragraph 5 may vary from the amounts anticipated in the budget. For
this reason it is agreed that the budget may be modified without prior consent
of the City Council, providing that any adjustments shall be made by a two
thirds (2/3) vote of the board of directors.
Notwithstanding any other language to the contrary the Bureau shall not expend
any sums beyond its revenues.
5. FUNDING. On the 15th day of each month, the City shall remit to the
Bureau, for funding of the Bureau, 958 of the lodging tax payments received by
the City, less refunds, in the preceeding month during the term of this
Agreement.
b. VERIFICATION OF EXPENDITURES. The Bureau will provide the City a copy of
the Bureau's monthly financial statements, showing monthly, year -to -date, and
budget figures, properly itemized and verified by the director of the Bureau.
The
Finance
Officer of the City shall
have the right to access to the books
'
and
records
of the Bureau at any time
during normal business hours to audit
any
item of
revenue or expenditure.
7. HOLD HARMLESS. Any and all employees of the Bureau or any other persons,
while engaged in the performance of any service required by the Bureau under
this Agreement, shall not be considered employees of the City, and any and all
claims that may or might arise under the Workers Compensation Act of the State
of Minnesota on behalf of said employees or other persons while so engaged,
and any and all claims made by the third party as a consequence of any act or
omission on the part of the Bureau, or its agents or employees or other
persons while so engaged in any of the services provided to be rendered
herein, shall in no way be the obligation or the responsibility of the City.
In connection therewith, the Bureau hereby agrees to indemnify, save and hold
harmless, and defend the City and all of their officers, agents and employees
from any and all claims, demands, actions or causes of actions of whatever
nature or character services provided for in this Agreement.
S. MULTIPLE CITY PARTICIPATION. It is contemplated that the Bureau in
addition to providing services to the City of Fridley will also provide the
services described in paragraph 2 of this Agreement to the Cities of Brooklyn
Park, Brooklyn Center and any other city duly entering into this agreement and
that all Cities may be jointly promoted as a unitary convention and visitors
bureau. Therefore, it is specifically authorized that funding for such joint
promotion wll be financed pursuant to this Agreement.
9. DISCRIMINATION. The Bureau, in providing services hereunder shall comply
with the provisions of Minnesota Statutes Section 181.59 as the same may be
amended from time to time. The Bureau shall not discriminate against any
person or firm
in any of its
activities pursuant
to Minnesota Statutes Section
'
181.59 which is
incorporated
into this Agreement
as though set forth in its
entirety.
77
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10. INSURANCE. The Bureau shall carry insurance to cover its employees and
agents while performing services pursuant to this Agreement. Such insurance
shall provide comprehensive general liability and property damage coverage to
the Bureau and its employees and agents in such amounts as will equal the
applicable limits of liability to which the City may be held pursuant to State
Statute as the same may be amended from time to time. The Bureau shall also
carry worker's compensation as required by Minnesota Statutes Section 176.182
and provide the City with proof of compliance with Section 176.182 before
commencing to provide services hereunder.
11. LAWS. The Bureau will comply with all applicable federal, state and
local laws in the performance of its obligations hereunder.
12. ADVERTISEMENT. All brochures, listings or advertisements of specific
lodging facilities shall include mention of all facilities paying the lodging
tax imposed by the City.
13. INTEGRATION. This document is fully integrated, embodying the entire
Agreement between the parties.
IN WITNESS WHEREOF the parties have executed this Agreement on the dates below
given.
DATED: Z! 7197
9`
CITY OF FRIDLEY
BY: u/ I.LU.. / �
�tss �M/ayor /�J /J
BY: / 0 a(-e-.,., "o-1- [,Ci s
Its City Manager —`
NORTH METRO CONVENTION AND
TOURISM BUREAU
DATED: 1? BY:
Its
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