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Home My Public Portal AboutORD12554 ;a .� I BILL NO. 96-111 SPONSORED BY COUNCILMAN Nil ges ORDINANCE NO. • i _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE FOR THE CONVENTION AND VISITORS t t BUREAU. f BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS I FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute k an agreement with the Jefferson City Area Chamber of Commerce for the Convention and r Visitors Bureau. f Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. I , 9 � - - Passed: l / 6 � A roved: t � pP Presiding Officer Mayor . ATTEST: APPROVED AS TO FO 7 I i I _ .L�LfiJ I L f' I ity Clerk City Co el r 1 L s I; 1: f' rf 4 � s � h CrTY OF JEFFERSON AMENDMENT TO CONTRACT FO.R ADMINISTRATION OF A LODGINGS TAX FUND WHEREAS,the City of Jefferson,Missouri,a municipal corporation hereinafter designated"City,"entered into an Agreement with the Jefferson City Area Chamber of Commerce,a corporation formed and existing under The General Not for Profit Corporation Act of Missouri,hereinafter referred to as the"Chamber,"on the 25"'day of November 1996; WHEREAS,the Agreement was for management and operation of a Convention and Visitors Department;and WHEREAS,the parties wish to amend the term of the Contract dated November 25, 1996. NOW,THEREFORE,be it agreed as follows: 1. The parties hereby agree to amend paragraph 2,entitled,"Term of Agreement"to read as follows: 2. Term of Aereement. The term of this agreement shall be for a period of January 1, 1999,through December 31, 1999. With the approval of both parties,the contract may be extended on an annual basis for two(2)additional one(1)year periods. 2. All other sections of the Contract dated November 25,1996 shall remain in effect as stated. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this-2y�"Uay of March, 1999. CITY OF JEFFERSON,MISSOURI JEFFERSON CITY AREA CHAMBER OP COMMERC+ Mayor President ATTEST: ATT ST: � r City Clerk Chairman APPROVED AS TO FORM: City Couns i . II,\Mmlr�nMrtrnrlw4nn'i nV lumh•r.{ammrnnllltrenr.el Idlkrlw Ikl+rClwyd _ t ;�f: .,.a....,. ,r•. ..... _ .w...:... _ ..._...._.,....,,,..w,...,,,....� are t�r�;�� - s Y I r 4 ' 12 55'•� _ CITY OF JEFFERSON AMENDMENT TO CONTRACT FOR ADMINISTRATION OF A LODGINGS TAX FUND WHEREAS,the City of Jefferson,Missouri,a municipal corporation hereinafter designated"City;'entered into an Agreement with the Jefferson City Area Chamber of Commerce,a corporation formed and existing under The General Not for Profit Corporation Act of Missouri,hereinafter referred to as the"Chamber,"on the 25'F'day of November 1996; c WHEREAS,the Agreement was for management and operation of a Convention and Visitors Department;and i WHEREAS,the parties wish to amend the term of the Contract dated November 25, 1996. I NOW,THEREFORE,be it agreed as follows: j 1. The parties hereby agree to amend paragraph 2,entitled,"Term of Agreement"to read as follows: 4. 2. Term of Agreement. The term of this agreement shall be for a period of January 1,1998,through December 31, 1998. With the approval of both parties,the contract may be extended on an annual basis for three(3)additional one(1)year periods. 2. All other sections of the Contract dated November 25, 1996 shall remain in of ct as stated. f IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this � ay of December, { 1997. CITY OF JEFFERSON,MISSOURI JEFFERSON CITY AREA CHAMBER OF COMMERCE rlp I Mayor �V President iST: ATTEST: City Clerk` Chairman i f APPROV AS TO i f i �yl COU r ol t L J i f c.vr.rr�lrMr.�+.rv."n�.h.mf�orrtf.,anomeo:�mf�.r..Jw1r!wmfx.urw.P.n � ' ` 4 . ,:. n:.tc..-. ..,_...�p.....r r:n-r..._......._-... ... ..-...v - .... ..._ .._... .......... . -.- -.. - .,.... . '.`w.'r:Y4'[ ..MJ Ette/ttY�:.c'n'F3P✓rt. .. '�'d� ' j 1 • 1' 7 f 'J. `. 1 l I CERTIFICATE OF INSURANCE wcH 02173 IDeUEDATE (MMIOD/YY) PRODUCER 01/09/97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Of Y—A JO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 2 BHT—NAUGHT AGENCY DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED DY THE ll� BOX 1768 POLICIES BELOW, i ' j- ' ERSON CITY MO 65102 COMPANIES AFFORDING COVERAGE COMPANY A American States Ins Co LETTER COMPANY B INSURED LETTER Jefferson City Area COMPANY C Chamber Of Commerce ** LERER P.O. BOX 776 COMPANY D Jefferson City, MO 65101 LETTER COMPANY E LETTER COVERAGES 7W�y .g77p pH T 7p yy qI{� CEFRIFICgqD'FE MAYBE ISSUED TOR MAY PERTAINNMT f INSURANCE TERM AFFFOIpDED BABEE14 ISSUED TO THE INSURED NY E POL LIES D SCRIBED HER NFIS UBJEC TO ALL OHE TE MS,S E(CLUSIONS AND CONDITIONS OF SUCH POAIES.LIMITS SHOWN MAY HAVE BEEN REDUCED UY PAID CLAIMS. O POUCY EFFECTIVE POUCYEXPIRATION TR TYPE OF INSURANCE POLICYNUMBER YY) UMITS Pj ATE (MM/DD/ DATE(MM/DDA'YI GENERALUABILITY CC2610869 1/01/97 1/01/98 GENERAL AGGREGATE S 1 QQQ QQ MMEFCIAL GENERAL LIABILITY CC4840228* 7/01/96 7/01/97 PRODUCTS—COMP/OPAGG, $ 1 QQQ QQ WMO MADE ®OCCUR. PERSONAL d ADV.INJURY S ], 0 0 0 Q Q 9e OWNER'SBCONTRACTOR'SPROT. *Named Insured: Cit• of Jeffer on EACH OCCURRENCE S 1,000,00C *$1,000,000 Aggreggat Limit FIRE DAMAGE(Any one fire) S 100 00 * 1,000,000 Each Occ rence Limit MED.IXP.(Anyone person) e AUTOMOBILE LIABILITY BA2983990 1/01/97 1/01/98 COMBINEDOINGLE j ANY AUTO UMIT S 11000,00 . \..�, OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per p.mn) O ! X HIRED AUTOS BODILY INJURY NON—OWNED AUTOS (Peraceldenq S GARAGE LIABILITY (! PROPERTY DAMAGE EXCESS LIADIUTY EACH OCCURRENCE S ' UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION WC15509800 1/61/97 1/01/98 STATUS YUMITS AND EACH ACCIDENT S 100,00 EMPLOYERS'LIASIUTY DISEASE—POUCY UMIT S 5 Q 0 Q DISEASE—EACH EMPLOYEE S oTMETEMPLOYEE CC2610869 1/01/97 1/01/98 $50,000 LIMIT DISHONESTY f • I DESCRIPTION OF OPEMTIONS/LOCATIONS/VEHICLES/SPECUL ITEMS OVERAGE CEASES WITH THE EXPIRATION OF POLICY OR POLICIES. **Named Insured includes Jefferson City Cnnvention and Vistor's Bureau SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF JEFFERSON MAIL 34_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE ATTN: CITY CLERK LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 320 E. MCCARTY ST. LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. JEFFERSON CITY MO 65101 AUTHqfqMg REPRESENTATIVE Thomas S. Naught.: b mACORDGORPQitA716N10p0 IIIIIIIIIIIIIIwIl t I CITY OF JEFFERSON z' CONTRACT FOR ADMINISTRATION OF A LODGINGS TAX FUND THIS AGREEMENT,made and entered into this 2l (lily of �{4996,by and between the City of Jefferson,it municipal corporation,hereinafter referred to as'City,"and the Jefferson City Area Chamber of Commerce hereinafter referred to as"Contractor." WHEREAS,the City placed a lodgings tax issue on the February, 1989,ballot providing for levying a tax upon 1 guests;and WHEREAS,the voters approved the imposition of the tax;and i WHEREAS,the proceeds derived from said tax are to be used for the promotion,solicitation,encouragement and development of tourism and conventions for the City of Jefferson,Missouri;and WITNESSETH, that in consideration of the premises and covenants herein, the City and the Contractor hereby agree as follows: 1. Contractor Retained, The City does hereby engage and retain the Contractor to manage and operate a Convention and Visitors Department and to render the services hereinafter set out,and the Contractor does hereby agree to accept such engagement and to discharge its duties in accordance with the terms and conditions below. I 2. Term of Agreement. J The original term of this agreement shall be for a period of January 1, 1997,through December 31,1997. With the approval of both parties, the contract may be extended on an annual basis for four(4)additional one(1) year I periods. 3. Independent Contractor, The Contractor's relationship to the City as established herein is as nn independent contractor and nothing r. contained herein shall constitute or designate the Contractor or any of its agents or employees as agents or employees of the City. 4. Personnel To Be Provided, The Contractor represents that Contractor has or will secure at its own expense,all personnel required to perform the services called for under this contract by Contractor. Such personnel shall not be employees of or have any jcontractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. Contractor shall be responsible for all items incidental to employment of said persons,such as,but not limited to federal and state withholding taxes,F.I.C.A.,and other payroll related costs. 5. Benefits Not Available, The Contractor's employees shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 6. Submittal of Budget. w The Contractor shall submit to Council for its approval a lino iten budget for the upcoming contract period. Following approval by the City,adjustments within the total nmount approved may be made of n minor nature with \Irnn4vvllrnl l4rn ire\rhnmier,�nmmrrrr 111\nminw9 1-11W t--IY HNI.,'d ,':. .' '' A.t.C4.'1`x'1.,t. .r ,t ... .. :.... ... .... ...... .......,.......... .......-..•.......,.,. .... .,., r .. ..u,.....w,.,.r.....n+..F.a:.SnGT:.d^4:AE�n:'IJia3S.'.k'(f.4.ti'i/l?°t the approval of the Advisory Board appointed by the Contractor,provided that if adjustments in major categories, •'+* i.e.,Administration,Operations and Programs,exceeds ten percent.(10%)it shall not be made prior to receiving the approval of the City Administrator who shall inform the Mayor and City Council of the change in the budget. \1 If actual revenue exceeds or is anticipated to exceed the total approved budget, the Contractor may request a supplemental appropriation or budget the excess during the following fiscal year. 7. Transfer of Fttnd The City shall transfer all funds received from the lodgings tax on a monthly basis,less two percent(2%)which shall be retained to cover City's expenses of administering the tax. The monthly transfers shall occur on a delayed basis of thirty(30)days after funds are collected. u It is the intention of the City and the Contractor that the City will advance funds to the Contractor for all budgeted expenditures, assuming revenues meet budgeted levels, in furtherance of the activities of the Convention and Visitors Department. Said advances are to be made from the proceeds of the lodgings tax received by the City. The Contractor will assume all expenses over the actual amount of tax revenue. 8. Books and Records. The Contractor and all its subcontractors,if any,shall maintain all books,documents,papers,accounting records and other evidence pertaining to this contract,and shall make such materials available at their respective offices during normal business hours throughout the contract term and for a period of three(3)years following completion of the contract. 9. Monthly Financial Report i The Contractor shall submit to the City Finance Director a monthly financial report of all funds and expenses related to the contract. 10. Annual Report. The Contractor shall submit to the City Clerk an annual written report of all activities related to the contract. 11. Audit, The Contractor shall submit to the City Finance Director a certified audit of all funds and expenses related to the contract within ninety(90)days of the end of each contract period or renewal period. 12. Title to Fixed A sets Title to all equipment and fixed assets purchased with City funds shall be vested in the City. Contractor will not sell or otherwise dispose of any such equipment or fixed assets without the express written approval of the City. iUpon the acquisition of any such equipment or fixed assets,the City's Director of Finance shall be notified for the purpose of tagging and inventorying. 13. Advisory Board i The Contractor shall utilize an Advisory Board made up of citizens of the community who shall be selected and appointed by the Contractor. 14. 4nen Meetings, Any meeting of the Advisory Board set up by the Contractor to administer the funds generated by the tax shall be subject to the open meetings law of the State of Missouri, as set out in Revised Statutes of Missouri, ING,as y amended in Chapter 610. , -2- .i i lf. Assignment. The Contractor shall not.assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation),without prior written consent of the City thereto. Any such assignment is expressly subject,to all rights and remedies of the City under this agreement,including the right to change or f delete activities from the contract or to terminate the same an provided heroin. j 16. Nondiscrimination, The Contractor agrees in the performance of this contract,not to discriminate on the ground or because of race, creed,color,national origin or ancestry,sex,religion,handicap,age,or political opinion or nffiliation,against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 17. Liability, The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages,except those caused by the City's negligence,arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend,indemnify,and hold the City harmless from and against all claims, losses,and liabilities arising out of personal injuries,including death,and damage to property which are caused by the Contractor arising out of or in any way connected with this contract. 18. Insurance, Contractor shall procure, and prepay the premiums on, the following types of insurance in the amounts as hereinafter set forth and current certificates showing the existence of such insurance on forms as provided therefor by the insurance companies involved or by the City,which shall be furnished to the City Clerk: i A. Workers' Compensation Insurance -- Contractor shall carry workers' compensation and r' occupational diseases insurance as required by the statutes of the State of Missouri from a company authorized to do business in the State of Missouri and with a company which meets with the reasonable approval of City. B. Automobile Liability Insurance--Contractor shall carry in its own name,automobile liability and property damage insurance with limits of not less than one hundred thousand dollars ($100,000.00)for each person and one million dollars($1,000,000.00)for each accident and one i hundred thousand dollars($100,000.00)property damage liability,all in a company authorized to do business in the State of Missouri and meeting with the reasonable approval of City. The City shall not be in the policy as a named insured. C. General Liability Insurance--Contractor shall carry in its own name a comprehensive general liability policy covering all of its operations other than automobile,with limits of not less than one i million dollars($1,000,000.00)for each occurrence and in the aggregate bodily injury and one million dollars($1,000,000.00)for each occurrence. D. Owner's Liability Insurance -- Contractor shall provide a policy of general liability insurance covering City and the premises to he used as a public access facility with limits of one hundred thousand dollars ($100,000.00) for each person, one million dollars ($1,000,000.00) for each accident and five hunched thousand dollars($A00,000.00)for property damage. E. I mnloveo Honesty illanket.Bond--Contractor shall provide a bond or policy of insurance covering any and all employees who have access to any funds transferred in conjunction with this contract with limits of twenty thousand dollars($20,000.00)for each person. .... r4n.'14auuxb�•.rvnVhnml.n�nxnmu.r1114.xnmi,I IV❑,•.I:,.�,,,,,,, • 3 1 { All or any of the above insurance cony be provided through it blanket,insurance policy oft lie Contractor's parent organization. Each copy of llie policy of,or certificate of,the above and foregoing insut:'tnce requirements in list bear the following special endorsement by the agent of the proposed insurance.carrier. This policy shall not he altered,materially changed or canceled wit thout giving fifl.een(1 11))days prior written notice, by certified mail,to the Cleric of the City of Jefferson. I in the event any insurance policy required herein shall be canceled or altered or materially changed without(,lie approval of City,Contractor shall immediately obtain substitute insurance coverage satisfactory to City. 19. -MBOlicitation, The Contractor warrants that it had not employed or retained any company or person,other than a bona fide employee working solely for the Cont.ract.or,to solicit or sectoe this contract,and that he has not paid or agreed to pay any company or person, other than it bona fide employee working solely for the Contractor, any fee, commission, percentage,brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or ranking of this contract. For breach or violation of this warranty,the City shall have the right to annul this contract without•liability,or,in its discretion,to deduct from the contract price or consideration,or otherwise recover the full amount.of such fee,commission,percentage,brokerage fee,gifts,or contingent fee. 20. Termination, It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination one hundred twenty(120)days in advance of any expected termination date.Upon termination of this Agreement, unless the same be renewed,the Contractor shall deliver to the City all funds received by the Contractor from the City and representing sums collected by the city from the hotel and motel transient guest tax then remaining to the possession of the Contractor after the Contractor's payment of all allowable expenses of the Contractor's Convention and Visitors Department. `^ 21. Governing Law and Severability. This agreement shall be governed by the Imes of the State of Missouri applicable in the case of contracts made and to be performed in that state. Any action at law or in equity brought by either City or Contractor against the other shall be brought in the Circuit Court of Cole County in the State of Missouri.The provisions of this agreement shall be deemed to be severable and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of other provisions hereof. 22. Renewal, One hundred twenty(120)days prior to the expiration of any contract term,both parties shall express in writing their intent to renew or not renew this contract. 23. Previous Budget to Govern, If both parties indicate a desire to renew,but the budget submitted is not approved,the budget for the proceeding contract period shall be deemed to have been readopted and shall be in effect,so far as it relates to operation and maintenance expenses,until such time as a budget for the current contract period is adopted. 24. Non-Renewal by Voters, The underlying lodging tax is scheduled to expire May 31, 1999. While it is anticipated this matter will be resubmitted to the voters,should the voters not.extend the tax,then this contract shall expire with the expiration of the tax,subject to any obligations and duties to account for money and to conclude the contractual relationship. i ,\Iriu i4.xilnv!.\.rrcu r�hmnl.•r if rnmmrnr lll�in,l,vl 1•I!l171.i I'tl!�li x�n! 4' 1 1 �..... "S".•....,. •._..•, •S.: ., .. ..� .....,.................w a✓..i�ruu7ewuCSZC.:M:i';a",§' � . `+ •oil 1 1 1 25. NotiCCS• l All notices required or permitted hereunder and required to he in writing may he given by first class mail addressed to City at 320 East McCarty,Jefferson City,Missouri 65101,and Contractor at 213 Adams Street, Jefferson City,Missouri 65101. The date of delivery of any notice shall be the(into falling on the second full day after the day of its mniling. ii 26. Entire Agreement, This agreement embodies the entire understanding between the pnrties hereto relative to the subject matter hereof and shall not he modified,changed or altered in any respect except in writing signed by both parties. 4 " CITY OF JEFFERSON,MISSOURI CONTRACTOR CHAMBER OF COMMERCE , Mayor President ATTEST: City Clerk Chairman s. APPROVED AS TO'M. i City Cou el r it i l t. 1 i. 6 r ' W ' 1.. 7 .:Nj—M,,lrerr.\—k, h-A.,o(nmmrrrc U l�.l—I.I IM.171..IL I lI)7,%lin a � ' r E l , f (s y. r. ti t � r �. n� h R. t. 3 1 1