HomeMy WebLinkAboutRES.2685.04-16-2012 BILL N0. 12-38 RESOLUTION N0. ����
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN CAPE GIRARDEAU
CHAMBER OF COMMERCE, INC AND THE CITY OF
CAPE GIRARDEAU, MISSOURI, FOR OPERATION OF
THE CONVENTION AND VISITORS BUREAU, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
agreement between the Cape Girardeau Chamber of Commerce, Inc.
and the City of Cape Girardeau, Missouri, for operation of the
Convention and Visitors Bureau, in the City of Cape Girardeau,
Missouri . A copy of said Agreement is attached to this
Resolution and made a part hereof.
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PASSED AND ADOPTED THIS /(Y DAY OF 4 , 2012 .
Harry E. Redi er, Mayor
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Gayl L. Conrad, City Clerk ��__a� '` ,��� �
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AGREEMENT BETWEEN THE CAPE GIR.ARDEAU
CHAMBER OF COMMERCE, INC. AND THE CITY OF CAPE
GIR.ARDEAU, MISSOURI, FOR OPER.ATION OF THE CONVENTION
AND VISITORS BUREAU
THIS AGREEMENT, made and entered into this ��� day of
_� , 2012, is by and between the CAPE GIRARDEAU
CHAMB OF COMMMERCE, a Missouri Not-for-Profit Corporation
(hereinafter referred to as "Chamber" ) , and the City of Cape
Girardeau, Missouri, a Missouri Constitutional Charter City
(hereinafter referred to as "City") .
WITNESSETH:
WHEREAS, the Chamber is a not-for-profit corporation,
engaged primarily in business and tourism marketing; and
WHEREAS, the Chamber has shown and demonstrated evidence of
its tourism marketing activities and plans and has provided
tourism marketing activities and plans to City in the past
through its prior operation of the Cape Girardeau Convention and
visitors Bureau; and
WHEREAS, City desires to enter into an Agreement with
Chamber for the operation of the Cape Girardeau Convention and
Visitors Bureau and to perform tourism marketing services; and
WHEREAS, Chamber represents that it is equipped, competent
and able to undertake such an assignment.
NOW, THEREFORE, in consideration of the mutual undertakings
and mutual benefits from the Chamber taking over the operation
of the Cape Girardeau Convention and Visitors Bureau and
providing the tourism marketing services herein set forth,
Chamber and City agree as follows:
I. SCOPE OF SERVICES
Contractor will provide the following services:
A. Convention and Visitors Bureau: Chamber shall staff
and operate a Convention and Visitors Bureau, and
Visitors Center, at 400 Broadway, or other location,
Cape Girardeau, Missouri, Monday through Friday from
8 : 00 a.m. to 5 : 00 p.m. and Saturday mornings during
tourist season. The Visitors Center shall include
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tourism materials for the State and region, and shall
provide resale items.
B. Marketing: Develop, implement and update a consistent
promotion and advertising program for Cape Girardeau
as a tourist destination, including, without
limitation, the following:
l . Maintain a Convention and Visitors Bureau
website.
2 . Design, printing and distribution of tourism
brochures; and
3 . Placement of advertisements in publications and
other media sources designed to reach target
markets .
C. Sales: Promote Cape Girardeau as a destination for
conventions, conferences, tourist groups, meetings and
special events, including, without limitation, the
following:
1 . Soliciting, planning and scheduling;
2 . Coordinating with local hospitality
organizations;
3 . Supporting visiting groups while they are in Cape
Girardeau;
4 . Providing Convention and Visitors Bureau goods
and services as necessary;
5 . Sponsorship of Community Events.
D. Paddlewheelers: Provide tourism services through the
use of part-time employees (known as "Paddlewheelers" )
for special events, tour guides, staffing the Visitors
Center, and other duties as necessary.
E. Management: Provide unified management and
coordination for Cape Girardeau' s tourism and
marketing activities and plans.
F. Advisory Committee: The Chamber shall maintain a
Convention and Visitors Bureau Advisory Committee to
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advise the Chamber Board on the operation of the
Convention and Visitors Bureau, including methods of
promoting tourism and conventions. One representative
of the City Council shall be an ex-officio member of
this Committee.
II. TERM AND TIME OF PERFORMANCE
The term of this Agreement shall be for five (5) years
beginning July l, 2012 . The services of the Chamber are to
commence upon that date, and all tasks defined in the Scope of
Services shall be undertaken and implemented in such sequence as
to assure the expeditious completion in light of the purpose of
this Agreement.
III . COMPENSATION AND METHOD OF PAYMENT
The Chamber shall submit to the City a proposed Annual
Budget by February 1 of each year. For the first year of this
Agreement, the proposed Annual Budget shall be due on or before
July l, 2012, and may not exceed the sum of Five Hundred Ninety-
Two Thousand Three Hundred Dollars ($592 , 300 . 00) . After the
f irst year, each Annual Budget is subj ect to annual approval by
the City Council during its regular budgeting process . Any
administrative expenses must be included in the proposed Annual
Budget. The total charge for administrative expenses may not
exceed ten (10) percent of the proposed Annual Budget including
those administrative expenses . City shall pay to Chamber one-
fourth (1/4) of the approved Annual Budget on or before the
tenth (10) day of July, October, January and April for each
quarter services are rendered. Any monies from the Chamber' s
approved Annual Budget for the Convention and Visitors Bureau
which are unspent at the end of the budget year shall be placed
in a "Project Development Fund" , and shall not be carried over
to any subsequent budget year. No monies in that Project
Development Fund shall be spent by the Chamber for any reason
without the prior approval of the City Council. Al1 payments
from the City to the Chamber described in this Agreement are
subject to annual appropriation by the City Council.
IV. ANNUAL REPORTING
Chamber shall submit an "Annual Report" to the City Council
on or before May 1 of each year. That Annual Report shall
include a detailed financial statement, a list of projects
accomplished by the Convention and Visitors Bureau during the
3
preceding year, and a list of proposed projects for the upcoming
year. A "year" for the purpose of this Agreement shall be the
City' s fiscal year.
V. ANNUAL REPORTING
Chamber shall submit an "Annual Report" to the City Council
on or before May 1 of each year. That Annual Report shall
include a detailed financial statement, a list of projects
accomplished by the Convention and Visitors Bureau during the
preceding year, and a list of proposed projects for the upcoming
year. A "year" for the purposes of this Agreement shall be the
City' s fiscal year.
VI. AUDIT, INSPECTION OF RECORDS, AND PERFORMANCE REVIEW
Chamber shall permit an authorized representative of the
City to inspect and audit all data and records of the Chamber
related to its performance under this Agreement. City may
conduct a semi-annual performance review of the services
provided by the Chamber. If there are performance issues, City
may deem said issues a violation and, in such event, the process
to remedy such violation pursuant to Section XVIII of this
Agreement shall then apply.
VII . USE OF THE EQUIPMENT AND CONTENTS
The equipment and contents located at 400 Broadway in the
City of Cape Girardeau, Missouri, which are currently used for
the Convention and Visitors Bureau functions may be used by the
Chamber only for its operations as set out in this Agreement.
Chamber agrees to comply with all City Ordinances and State or
Federal Laws affecting the operation of the business .
VIII . SUBCONTRACTS
Chamber and City hereby agree that this Agreement shall not
be assigned, transferred, conveyed or otherwise disposed of
without the prior written consent of the other party to the
Agreement .
4
IX. DISCRIMINATION PROVISIONS
Chamber and its contractors and employees will not
discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin.
Chamber will take affirmative action to ensure that applicants
are employed in good faith. Chamber and its contractors and
employees will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the Rules, Regulations, and
Relevant Orders of the Secretary of Labor.
X. COMPLIANCE WITH THE LAW
All parties shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations .
XI . INTEREST OF LOCAL PUBLIC OFFICERS
No member of the City Council of the City of Cape
Girardeau, or any officer, employee, or agent of the City who
exercises any functions or responsibilities in connection with
review or approval of the work to which this Agreement pertains,
shall have any personal interest, direct or indirect, in the
Agreement or in the proceeds thereof, except as permitted by the
laws of the State of Missouri .
XII . FUTURE MAINTENANCE
Members shall not enter into any project which will require
ongoing maintenance on the part of the City without the prior
written approval of the Cape Girardeau City Council .
XIII . INDEPENDENT CONTRACTOR
Chamber is not authorized or empowered to make any
commitments or incur any obligation or indebtedness on behalf of
the City, but merely to provide the services provided for herein
as an independent contractor. Chamber agrees to indemnify,
protect and save harmless the City from any and all claims of
persons or companies for injuries to persons or property arising
out of Chamber' s, or its agents, servants, or employees, actions
in performance of the services herein identified. In addition,
City shall not be liable or responsible in any manner to any
contractor, subcontractor, servant or employee with whom the
Chamber has contracted for additional services under the terms
of this Agreement .
5
XIV. INSURANCE
Chamber shall maintain liability insurance covering all
aspects of the Convention and Visitors Bureau in an amount equal
to the liability limits established in Section 537 . 600, RSMo. ,
et seq. , as amended, and shall name the City as an additional
insured. In no event shall any employee, contractor or agent of
the Chamber acting under the terms of this Agreement be
considered an employee of the City for purposes of the City' s
program of workers' compensation insurance. The Chamber shall
indemnify and hold the City harmless from any claims, lawsuits,
liabilities, and damages of any kind, including all attorney
fees, arising out of the Chamber' s actions under this Agreement .
XV. TAXES
Chamber shall pay any and all real estate taxes on the
demised premises, and any and all personal property taxes on
office equipment .
XVI. SURRENDER AT END OF TERM/ABANDONMENT
On the last day of the lease term, whether or not
accelerated, the Chamber shall peaceably and quietly leave and
surrender the equipment and contents located on the premises to
City, including all improvements added by Chamber, if any, in as
good condition as reasonable use and wear thereof will permit .
In addition, if the equipment and contents are abandoned by the
Chamber for a period of more than ten (10) days, City shall have
the right to cancel this Agreement and immediately retake
possession of the equipment and contents, and of the operation
of the Convention and Visitors Bureau.
XVII . CANCELLATION, TERMINATION OR SUSPENSION
A. This Agreement may be terminated at any time by
the written, mutual agreement of all parties,
provided all applicable laws and regulations are
complied with. City shall have the right at its
option to terminate this Agreement and be free of
all obligations hereunder in the event that
Chamber is in default or violation of the terms,
conditions, assurances, or certifications of this
Agreement. Non-appropriation of funds by the
City Council of the City of Cape Girardeau shall
not be considered a violation or default of this
Agreement.
6
B. In the event of such default or violation by
Chamber, City shall send to Chamber by certified
mail a notice of demand to cure default,
explaining the specific nature and extent of the
default or violation. Chamber shall cure or
remedy said violation or default within twenty
(20) working days after receipt of said notice,
unless a longer time is agreed upon by both
parties in writing. In case the default is not
cured or remedied within twenty (20) working days
or a longer time if agreed upon, City may
exercise its option to terminate this Agreement
upon five (5) days written notice thereafter.
Termination as aforesaid shall not relieve
Chamber of liability to City for damages
sustained by City by virtue of any breach of this
Agreement .
C. Notwithstanding the aforesaid, City reserves the
right at its option to terminate this Agreement
on or before June 1 of each year for any reason
by giving written notice of such decision to the
Chamber. In that event, Chamber shall restore
all operations of the Conventions and Visitors
Bureau to the City on or before June 30 of that
year.
XVIII . HOTEL/MOTEL/RESTAURANT TAX
It is expressly understood and agreed between the parties
that the City' s funds with which to pay for the Chamber' s
services under this Agreement are derived from the City' s
current hotel/motel/restaurant license tax. If for any reason
that tax expires and is not renewed by the voters of the City of
Cape Girardeau, or that tax is held to be void by the final
adjudication of a court of competent jurisdiction, then both
parties' rights and liabilities under this Agreement shall
immediately cease.
XIX. NOTICE
Any notice required by this Agreement is deemed to be given
if it is mailed by United States Certified Mail, postage
prepaid, and is addressed as hereinafter specified.
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Notice to City shall be addressed to:
City Manager
City of Cape Girardeau
401 Independence, P.O. Box 617 •
Cape Girardeau, MO 63702-0617
Notice to Chamber shall be addressed to:
President
Cape Girardeau Chamber of Commerce
1267 North Mt. Auburn Rd.
Cape Girardeau, MO 63701
XX. AMENDMENTS
In order to provide necessary flexibility for the effective
execution of this Agreement, whenever both City and Chamber
mutually agree, changes to this Agreement may be effected by
placing them in written form and incorporating them into this
Agreement as an amendment.
XXI. SEVERALBILITY
It is mutually agreed that if any provision of this
Agreement is determined by a court of law to be
unconstitutional, illegal or unenforceable, it is the intention
of the parties that all other provisions of this Agreement shall
remain in full force and effect.
XXII . ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the
parties with respect to its subject matter, and any prior
agreements, understandings, or other matters, whether oral or
written, are of no further force or effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
CITY OF GIRARDEAU, MISSOURI
By:
Scot . Meyer, City Manager
8
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ATTEST: . ,�'�' � ' �',�`
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ayle . Conrad, City Clerk�,\ ��;%�� � �"
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CAPE GIRARDEAU CHAMBER OF COMMERCE
By:
Jo Mehner, Pres
ATTEST:
(Print Name and Title)
9
Conrad, Gayle
From: Chuck Martin <cmartin@visitcape.com>
Sent: Monday, May 13, 2013 3:04 PM
To: Conrad, Gayle
Cc: John Mehner
Subject: Fwd: CGCVB FY14 Funding Request and Budget
Attachments: FY14 CGCVB Budget.xlsx
Gayle,
I just got a call from John Mehner noting that John Richbourg in Finance had called and was asking for a copy
of the CGCVB budget. John asked that I reforward the budget to you. It is attached. Would you please pass
this information on to John Richbourg and at your convenience just drop me a quick note to let me know that
you received this information?
Thanks for your help, Gayle,
Chuck
---------- Forwarded message ----------
From: Chuck Martin <cmartin(c�r�,visitcape.com>
Date: Tue, Mar 19, 2013 at 11:56 AM
Subject: CGCVB FY14 Funding Request and Budget
To: "Conrad, Gayle" <GConrad(�a,cit�fcapegirardeau.org>
Cc: John Mehner<jmehner�a,capechamber.com>
Gayle,
John and I have finalized the CGCVB budget for Fiscal Year 2014. He asked that I forward this to you. The
Funding Request information is below and the budget is attached. Let me know if you need anything additional
regarding CGCVB finances for the coming year.
Thanks,
Chuck
Amount Repuested from Citv of Cape Girardeau for FY2014 Fundin�:
For FY2014, the Cape Girardeau Convention and Visitors Bureau (CGCVB) is asking for a 5% increase in
funding, rather than the usual 3%, due to exceptionally strong performance in FY2012 and the first half of
FY2013.
In FY2012, tax collections for hotels were up 8.33%. Through January of FY2013, 7 months into FY2013,
hotel tax collections are up 11.44%year to date.
This requested increase would take city funding from $575,100 in FY2013 to $603,800 in FY2014. Of this
$28,700 increase, $11,000 will be set aside as restricted funds that will be applied toward the down payment of
a future permanent location for the CGCVB. The remaining $17,700 equates to a 3.08% increase in general
operations funding, in line with normal annual requests.
f.`��uck ;��z�t•ti��
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�573) 334-6702 (i���:�)
CMartin(cr�,VisitCape.com t 1�n1Gr i l�
VisitCape.com {��-�1��ife}
Chuck Martin
Executive Director
Cape Girardeau Convention and Visitors Bureau
400 Broadway, Suite 100
Cape Girardeau, MO 63701-5636
(573) 335-1631, x13
(800) 777-0068, xl3 (Toll Free)
(573) 334-6702 (Fax)
CMartin(a�VisitCape.com (Email)
VisitCape.com (Website)
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