HomeMy Public PortalAboutORD11199 BILL NO. 88-182
SPONSORED BY COUNCILMAN HALSEY
ORDINANCE NO. ///9 9
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 ADMINISTRATION OF A LODGINGS
TAX FUND.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with the Jefferson City Area Chamber
of Commerce for the administration of a lodgings tax fund.
Section 2 . The contract shall be substantially the same in
form and content as that contract 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.
Passed �t' _ Approved
sid' Officer or
ATTEST:
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City Clerk
CONTRACT FOR ADMINISTRATION OF A LODGINGS TAX FUND
THIS AGREEMENT, made and entered into this �`e4 day
of , 1989, by and between the City of Jefferson,
a municipal corporation, hereinafter referred to as "City" , and the
Jefferson City Area Chamber of Commerce, Inc. , hereinafter referred
to as "Chamber" .
WHEREAS, the City placed a lodgings tax issue on the February,
1989, ballot providing for levying a tax upon guests, and
WHEREAS, the voters approved the imposition of the tax; and
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
WHEREAS, the Chamber has been involved in the process and has
offered to contract with the City for the performance of those
services; and
WHEREAS, the City Council deems it advisable and proper to
contract with said Chamber to utilize its services for those
purposes.
WITNESSETH, that in consideration of the premises and
covenants, herein, the City and the Chamber hereby agree as
follows:
1. Chamber Retained. The City does hereby engage and retain the
Chamber to manage and operate a Convention and Visitors
Department and to render the services hereinafter set out, and
the Chamber does hereby agree to accept such engagement and
to discharge its duties in accordance with the terms and
conditions below.
2 . Term of Agreement. The original term of this agreement shall
be for a period of six (6) months, commencing July 1, 1989,
and ending December 31, 1989. .
Following the end of the initial term of this agreement, City
and Chamber may agree -to extend this agreement for two additional
consecutive one year terms by mutual consent and agreement as to
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each such one year term, provided that such final extension shall
extend no longer than December 31, 1991.
3 . Independent Contractor. The Chamber's relationship to the
City as established herein is as an independent contractor and
nothing contained herein shall constitute or designate the
Chamber or any of its agents or employees as agents or
employees of the City.
4. Personnel To Be Provided. The Chamber represents that Chamber
has or will secure at its own expense, all personnel required
to perform the services called for under this contract by
Chamber. Such personnel shall not be employees of or have any
contractual relationship with the City except as employees of
the Chamber. All of the services required hereunder will be
performed by the Chamber or under Chamber'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. Chamber 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 Chamber'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. The Chamber shall submit to the City
Council for its approval a line item budget for the upcoming
contract period. Following approval by the City, adjustments
within the total amount approved may be made of a minor nature
with the approval of the Advisory Board appointed by the
Chamber, 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. If actual
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revenue exceeds or is anticpated to exceed the total approved
budget, the Chamber may request a supplemental appropriation
or budget the excess during the following fiscal year.
7. Transfer of Funds. The City shall transfer all funds received
from the lodgings tax on a monthly basis, less six percent
(6%) 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.
At the end of each contract period and each extension thereof,
the City shall prepare an accounting of actual expenses
incurred for administering the tax and shall make such
adjustments and transfer any funds not necessary to cover
those expenses out of the six percent (6%) retainage.
It is the intention of the City and the Chamber that the
City will advance funds to the Chamber 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 Chamber of
Commerce will assume all expenses over the actual amount of
tax revenue.
8 . Books and Records. The Chamber 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. The Chamber shall submit to the
City Finance Director a monthly financial report of all funds
and expenses related to the contract.
10. Annual Report. The Chamber shall submit to the City Clerk an
annual written report of all activities related to the
contract.
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® 11. Audit. The Chamber shall submit to the City 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 Assets. Title to all equipment and fixed
assets purchased with City funds shall be vested in the City.
Chamber will not sell or otherwise dispose of any such
equipment or fixed assets without the express written approval
of the City. Upon 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. The Chamber shall utilize an Advisory Board
made up of citizens of the community who shall be selected and
appointed by the Chamber.
14 . Open Meetings. Any meeting of the Advisory Board set up by
the Chamber 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, 1986, as amended
® in Chapter 610.
15. Assignment. The Chamber 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 delete activities
from the contract or to terminate the same as provided herein.
16. Nondiscrimination. The Chamber 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 affiliation,
against any employee of Chamber or applicant for employment
and shall include a similar provision in all subcontracts let
or awarded hereunder.
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17 . Liability. The parties mutually agree to the following:
a. In no event shall the City be liable to the Chamber 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 Chamber 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
Chamber arising out of or in any way connected with this
contract.
18 . Insurance. Chamber 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 upon request:
A. Workers' Compensation--Chamber shall carry workers'
compensation and 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--Chamber 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 eight hundred thousand
dollars ($800, 000.00) for each accident and one 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
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City. The City shall not be in the policy as a named
QP insured.
C. General Liability--Chamber 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 eight hundred thousand dollars ($800, 000.00)
for each occurrence and in the aggregate bodily injury
and eight hundred thousand dollars (800, 000.00) for each
occurrence.
D. Owner's Liability Insurance--Chamber shall provide a
policy of general liability insurance covering City and
the premises to be used as a public access facility with
limits of one hundred thousand dollars ($100,000. 00) for
each person, eight hundred thousand dollars ($800, 000. 00)
for each accident and five hundred thousand dollars
($500, 000.00) for property damage.
E. Employee Honesty Blanket Bond--Chamber 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.
All or any of the above insurance may be provided through
a blanket insurance policy of the Chamber's parent
organization.
Each copy of the policy of, or certificate of, the above
and foregoing insurance requirements must bear the following
special endorsement by the agent of the proposed insurance
carrier:
This policy shall not be altered, materially changed or
cancelled without giving fifteen (15) days prior written
notice, by certified mail, to the Clerk of the City of
Jefferson.
In the event any insurance policy required herein shall
be cancelled or altered or materially changed without the
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approval of City, Chamber shall immediately obtain substitute
insurance coverage satisfactory to City.
19. Nonsoliaitation. The Chamber warrants that it had not
employed or retained any company or person, other than a bona
fide employee working solely for the Chamber, to solicit or
secure this Contract, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee
working solely for the Chamber, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration,
contingent upon or resulting from the award or making 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
chamber shall deliver to the City all funds received by the
Chamber from the City and representing sums collected by the
city from the hotel and motel transient guest tax then
remaining in the possession of the Chamber after the Chamber's
payment of all allowable expenses of the Chamber's Convention
and Visitors Department.
21. Governing Law and Severability. This agreement shall be
governed by the laws 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
Chamber 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
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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. Notices. All notices required or permitted hereunder and
required to be in writing may be given by first class mail
addressed to City at 320 E. McCarty, Jefferson City, Missouri
65101, and Chamber at 213 Adams Street, Jefferson City,
Missouri, 65101. The date of delivery of any notice shall be
the date falling on the second full day after the day of its
mailing.
25. Entire Agreement. This agreement embodies the entire
understanding between the parties hereto relative to the
subject matter hereof and shall not be modified, changed or
altered in any respect except in writing signed by both
parties
CITY OF JEFFERSON CHAMBER OF COMMERCE
0
Attest. L,
ity Clerk Secretary'
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TABLE OF CONTENTS
Chamber Retained. . . . . . . . . . . . . . . . . . . . . . . 1
Term of Agreement. . . . . . . . . . . . . . . . . . . . . . 1
Independent Contractor. . . . . . . . . • . . . . . . . • • • 2
Personnel To Be Provided. . . . . . . . . . . . . . . . . . . 2
Benefits Not Available. . . . . . . . . . . . . . . . . . . . 2
Submittal of Budget. . . . . . . . . . . . . . . . . . . . . 2
Transfer of Funds. . . . . . . . . . . . . . . . . . . . . . 3
Books and Records. . . . . . . . . . . . . . . . . . . . . . 3
Monthly Financial Report. . . . . . . . . . . . . . . . . . . 3
Annual Report. . . . . . . . . . . . . . . . . . . . . . . . 3
Audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Title to . . . . . . . . . . . . . . . . . . . . . . . . . . 4
® Open Meetings. . . . . . . . . . . . . . . . . . . . . . . . 4
Assignment. . . . . . . . . . . . . . . . . . . . . . . . . . 4
Nondiscrimination. . . . . . . . . . . . . . . . . . . . . . 4
Liability. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 5
Nonsol icitation. . . . . . . . . . . . . . . . . . . . . . . 7
Termination. . . . . . . . . . . . . . . . . . . . . . . . . 7
Governing Law and Severability. . . . . . . . . . . . . . . . 7
Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Previous Budget to Govern. . . . . . . . . . . . . . . . . . 8
Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Entire Agreement. . . . . . . . . . . . . . . . . . . . . . . 8
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