RES 1988-99 - 00004528EMOLMICK
R13SOLUrION AUT11DRIZING ED[ECUTION OF
AND TOURISM AGIUMM4ENr
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 Conrnities, 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 by virtue of Resolution No. 57 - 1986, dated July
21, 1986, and Resolution No. 99 - 1987, dated December 7, 1987; and
WHEREAS, the Board of Directors of the North Metro Convention and Tourism Bureau
at its meeting of April 12, 1988 approved certain amendments to Article 1. TERM
and Article 4. BUDGET.; and
, the amended agreement is attached hereto and incorporated herein by
reference as Exhibit "All; and
WHEREAS, the terms and conditions of said agreement appear to be reasonable and
1 proper'
NOW, UMP FORE, 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 an
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 17TH DAY OF
OCTOBER, 1988 Q
CV �C l
WILLIAM J. - MAYOR
ATTEST:
SIR °A°
' OONVENFIM AND TOURISM BUREAU AGREE ERr
THIS AGREEMII 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 non -profit 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 withdrawal by one
of the parties in accordance with the following provisions:
(a) The party withdrawing fran this agreement shall provide the other
party written notice to that effect / /no later than June 30 of any calendar
yam' //
' (b) Withdrawal shall be effective December 31 of the calendar year
following the year in which written notice of withdrawal 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
organizations and businesses.
(c) Supply support material, including but not limited to name badges,
city maps, typewriters, aaxmpdations list, and information in general.
(d) Prepare and present audio visual presentations to groups to attract
visitors to the City.
(e) Distribute brndwres, maps and guides of the City to potential
visitors and meeting planners.
(f) Provide representation at trade shows, conventions, and exhibits to
attract new visitors to the City.
' (g) Promote the City as a convention enter for Minnesota by regional and
statewide 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 use to which monies received shall be spent 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 //
Bureau 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, 95% of the lodging tax payments received
by the City, less refunds, in the preceding month during the term of this
Agreement.
' 6. 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 of 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 HFT4IIESS. 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 arising out
of or by reason of the execution or performance of the services provided
for in this Agreement.
8. 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 pr nation will be financed pursuant to this
9. DIsmimi IATION. The Bureau, in providing services hereunder shall comply
with the provisions of Minnesota Statutes Section 181.59 as the same may
be amended fran 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.
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 workers' ccmpensation as required by Minnesota
Statutes Section 176.182 and provide the City with proof of compliance with
Section 176.182 before mincing to provide services hereunder.
11. U3C. 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 docwnent is fully integrated, embodying the entire
Agreement between the parties.
IN WITNESS WHEREOF the parties have executed this Agreement on the dates below
given.
M.
CITY OF�
BY: �/ ��t il'
Its Mayor
BY:
Its City Manager
BY:
Its