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RES 1986-57 - 00004838RPSOLU7•IDN NO. 57 - 1986 IaMM310N AUMORUIW. E)(ECUrIBON OF CONVEZOM AM TOURISM rEMIM WHEREAS, the North Metro Convention and Tourism Bureau has been established to facilitate a tourism bureau for the purpose of establishing an advertising program, promotional printing, convention services and to retain a coordinating director and said bureau is in a position to administer the lodging tax imposed by Chapter 608 of the City Code; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit "A" is a proposed Convention and Tourism Bureau Agreement for the period of August 1, 1986 through December 31, 1987; 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 is 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 ADOFPED BY THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS 21ST IAY OF JULY, 1986 w �. WILLIAM J. NE E(.7 YOR ATTEST: SHHAAPALA - CITY CLERK IEXHIBIT A CONVENTION AND VISITORS 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, the parties agree as follows: 1. TEI. 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. 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, accommodations list, and information in general. (d) PreE:are 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 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. All services provided pursuant to paragraph 2 of this Agreement shall be without charge to the person or organization utilizing such services. -1- 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 ' specificity the uses to which monies received shall be spent to provide the services described in paragraph 2 of this Agreement. In any year in which this Agreement is being renewed, such renewal shall not occur until this budget review process has been completed. For the initial term of this Agreement, the Agreement shall not take effect until the budget review process has been completed for the time period of August 1, 1986 through December 31, 1987. 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 not be greater than ten percent of the amount indicated for that item as it appears in the budget. 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 preceeding 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 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 ana all claims, demands, actions or causes of actions of whatever nature or character arising out of or by reason of the execution or the 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 and Brooklyn Center 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 will be financed pursuant to this Agreement. -2- 9. DISCRIMINATION. The Bureau, in providing services hereunder shalP''H5 comply with the provisions of Minnesota Statutes Section 181.59 as the same may be amended from time to time. Minnesota Statutes Section 181.59 is incorporated in this Agreement as though set forth in its entirety ana the Bureau shall not discriminate against any person or firm in any of its activities hereunder on the basis of race, creed or color. 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 ana 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 requirea 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: CITY OF BY: Its Mayor BY: Its City Manager •Y' up W116 •• 2 • • t • DATED: BY: ' NMQ/ss 1/4 -3-