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HomeMy Public PortalAboutResolution 2011-04-03 Authorizing Execution of the Memorandum of Understanding Between the Town of Fraser and the Winter Park/Fraser Valley Chamber of CommerceA RESOLUTION AUTHORIZING EXECUTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FRASER AND THE WINTER PARK FRASER VALLEY CHAMBER OF COMMERCE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: That the Mayor is hereby authorized to execute the attached Memorandum of Understanding with the Chamber of Commerce. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 18 DAY OF MAY, 2011. Votes in Favor: Votes Opposed: Absent: Abstained: (SEAL) 7 TOWN OF FRASER RESOLUTION NO. 2011 -04 -03 BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO By: Mayor ATTEST: MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING "MOU is made and entered into this I eday of 2011 in order to memorialize the understanding of the relationship between the WINTER'PARK FRASER VALLEY CHAMBER OF COMMERCE (hereinafter "Chamber") and TOWN OF FRASER, by and through its Board of Trustees (hereinafter "TOWN RECITALS: WHEREAS, the TOWN has been a funding contributor to the CHAMBER; and WHEREAS, the TOWN and CHAMBER seek to confirm the mutual understanding of the working relationship between the parties; and WHEREAS, The Town and the Chamber acknowledge and agree that significant precipitating factor behind the parties' mutual desire to enter into this Memorandum was and is the need to publicly acknowledge and support the notion that the Chamber is involved in many different types of marketing efforts and opportunities ranging from the placement of ads, the publication and distribution of collateral and the development of a strong public relations presence in order to lure guests to the valley, to the furnishing of critical information about the businesses represented by the Chamber and the staging of meaningful, enjoyable activities for guests once they are physically present in the valley; and WHEREAS, The Town acknowledges the importance of all of these different types of marketing (including the administrative and operational costs of providing these marketing services) to the success of the Winter Park/Fraser Valley business community; and WHEREAS, the TOWN and CHAMBER seek to improve the local business climate through a collaborative partnership. NOW THEREFORE BE IT AGREED AS FOLLOWS: UNDERSTANDING OF THE PARTIES: The TOWN will, subject to annual appropriations, provide annual funding contributions to the CHAMBER as follows: a. The Vendor Fees (3.33% of municipal sales tax collections) shall be remitted quarterly to the CHAMBER. Such funds shall be dedicated to Marketing and Sales Programs. b. In 2011, the TOWN allocated $15,000 of the funding identified in (a) above toward Business Enhancement Programs for specific programs yet to be determined. c. $15,000 from the TOWN's General Fund shall be remitted June 1 to the CHAMBER to fund Special Events in the Fraser Valley (4 of July, Run for Independence, Fraser River Days). d. $10,000 from the TOWN's General Fund shall be remitted June 1 to the CHAMBER to fund the Fraser Picnic in the Park Series (which includes six events during the months of July and August). 1 e. The CHAMBER and /or TOWN may propose additional programs that may require additional funding. The TOWN may, at its discretion, elect to fund such additional programs. 2. The TOWN commits to the following: a. The TOWN will designate a representative to the Marketing /Sales Council and the Special Events Committee. b. The TOWN will actively work to develop cooperative relationships with the Fraser Business Community and will include the CHAMBER in these efforts. 3. The CHAMBER commits to the following: a. The CHAMBER will actively seek to include representation from the Fraser Business Community on the CHAMBER Board and Committees. b. The CHAMBER is dedicated to seeking ways to retain, expand, and recruit local business within the Fraser Business Community. c. The CHAMBER will implement and manage marketing and sales programs and special events with the goal of enhancing the local economy throughout the Fraser Valley in the Town of Fraser. d. The CHAMBER will provide monthly updates to the Town Board. e. The CHAMBER will annually submit a detailed budget proposal to the TOWN no later than September 1 and will review the proposed budget and programs with the Budget Committee of the TOWN. Additionally, the CHAMBER will submit a year end report and summary of the results of the program to the Town Board no later than March 1 st 4. The parties agree that it is not their intent to create a static relationship by entering into this agreement; rather this agreement documents the working relationship. The parties will periodically review this agreement and consider new programs, opportunities, and other ways to collaborate toward mutual goals for the community. 5. This agreement does not provide any waiver of governmental immunity as provided by Colorado Statutes. This agreement provides no conveyance of property rights and is not assignable. 6. This Memorandum of Understanding shall automatically renew for additional one -year periods beginning January 1, 2012, without limitation unless (1) either party notifies the other, in writing at least 60 days prior to the annual expiration date, of its decision not to renew for the ensuing year, or (2) the TOWN fails to budget and appropriate funds for its share of expenses as provided above. 7. Any notice or communications regarding this agreement shall be in writing and shall be either personally delivered, sent by certified United States mail, return receipt requested, to the addresses set forth below, or by facsimile to the numbers set forth below: To the CHAMBER: Winter Park Fraser Valley Chamber P.O. Box 3236 Winter Park, CO 80484 2 To the TOWN: The Town of Fraser P.O. Box 370 Fraser, CO 80442 The terms outlined within this agreement have been accepted and agreed to by the following parties on this 18 day of May, 2011: TOWN OF FRASER Fran Cook Mayor ATTEST: Lu Berger, Tow [SEAL]/ WINTER PARK FRASER VALLEY CHAMBER OF COMMERCE President STATE OF COLORADO ss. COUNTY OF Acknowledged before me on 2011, by as (date of signing) (name of signer) for the Title (owner /president) (company) Witness my hand and official seal. My commission expires: [S E A L] Notary Public 3