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CM-05-09-173Request for City Council/City Manager Acin City Council & City Manager Submit completed form for ALL City Manager and City Council approvals. Department Name: Contact Person: Convention & Visitors Bureau Project Name: Chamber Contract Christine Martinez/Sherri Monore ContractorNendor: Round Rock Chamber of Commerce Project Manager/Resource: Nancy Yawn Project Coordinator: Assigned Attorney: Blue Sheet Wording Nancy Yawn J Kay Gayle Funding Source: HOT Funds Amount: $24,000 Consider a resolution authorizing the City Manager to execute a Memorandum of Agreement with the Round Rock Chamber of Commerce for operation of the Round Rock Visitors Information Center Finance Information Is Funding Required? Yes Finance Approval Finance XDFinance ®Purchasing Budget Yes Ea No Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. Agr. # Purchasing/Service Agreement Purchase Order Amount. Item(s) to be purchased: Other (Please clearly identify action on lines below) $24,000.00 $2000 per month per contract for 12 months n/a L. Olsen E. wilson Date Date Date Date 9/28/2005 x cisstito A'Clouaiiw'a GityVfa a Project Mqr. Signature: City Manager Signature: Date: Date: Date: Date: /G'-:3 os Updated 6-9-05 4 DATE: SUBJECT: ITEM: Department: Staff Person: Justification: September 22, 2005 City Council Meeting, October 13, 2005 Consider a resolution authorizing the City Manager to execute a Memorandum of Agreement with the Round Rock Chamber of Commerce for operation of the Round Rock Visitors Information Center Convention and Visitors Bureau Joe Vining, Executive Director of Community Development This is a one year agreement for the Chamber to continue running the Visitors Information Center. Funding: Cost: $24,000 Source of funds: Hotel Occupancy Tax Outside Resources: N/A Background Information: Following the adoption of the Tourism Plan, a Convention and Visitors Bureau was formed and staffed. The location at 120 S. Brown St. does not accommodate the staff and area for a Visitors Information Center. Public Comment: None required. AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE ROUND ROCK CHAMBER OF COMMERCE FOR OPERATION OF THE ROUND ROCK VISITOR INFORMATION CENTER HIS AGREEMENT is made and entered into this v day of the month of , 2005, by and between the City of Round Rock, Texas (the "City") and the Round Rock Chamber of Commerce (the "Chamber") to provide for the operation of the City's Visitor Information Center by the Chamber. RECITALS: WHEREAS, the Parties desire to enter into an agreement with one another for the operation of the City's Visitor Information Center; and WHEREAS, the Parties desire, through the Visitor Information Center, to advertise, publicize, and promote tourism, leisure travel and meeting facilities within the City and area, and to otherwise promote the resources and advantages of the City; and the Parties deem such activities to be the purposes to be furthered by the operation of the Visitor Information Center under this Agreement; and WHEREAS, the Parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW THEREFORE, WITNESSETH: That for and in consideration of the premises and mutual obligations contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby set forth their agreement as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for twelve (12) months, beginning on October 1, 2005 and ending on September 30, 2006. The City reserves the right to review the Chamber's performance under this Agreement at any time, and may elect to terminate this Agreement with or without cause or may elect to continue. 00091503/jkg e_m- ©s. o9-173 1.02 PAYMENT FOR SERVICES In consideration for services to be performed by the Chamber in operating the Visitor Information Center, the City agrees to pay the Chamber, upon receipt of invoice, the sum of Two Thousand and No/100 Dollars ($2,000.00) per month during any months that this Agreement is in full force and effect and the Chamber's services have been properly contractually performed. 1.03 SERVICES TO BE PERFORMED The Chamber shall satisfactorily perform the delineated services on a continuing basis during the term of this Agreement, and services include but are not limited to the following: .1 Provide staff at adequate staffing levels for the Visitor Information Center. .2 Provide that the Visitor Information Center be open and adequately staffed from 8:30 am to 5:00 pm Monday through Friday (except on official City holidays), and from 10:00 am to 4:00 pm on Saturdays (except on official City holidays). Both parties expressly agree that the City may direct a change in these required business hours based upon data related to traffic counts. .3 Dedicate a minimum 350 square feet area to the Visitor Information Center, and furnish the area with, at a minimum, a desk, chair, and the necessary office furniture and equipment to maintain adequate customer service to visitors. .4 Handle all incoming telephone calls, and dispense information and make referrals verbally and by email, facsimile, handout materials, and mail regarding hotels/motels, community events, Round Rock Express baseball schedule, restaurants and dining facilities, area attractions, area history, local businesses and resources, and directions. .5 Provide detailed histories relevant to the area, both verbally and in print, including specific information on local attractions and directions to same. .6 Maintain a minimum of sixty-five (65) brochures in the Visitor Information Center relevant to local and area attractions; provide adequate and attractive display space for brochures; and order and stock additional supplies as needed. .7 Based upon requests by visitors, solicit additional brochures and information which are responsive to the stated needs. .8 Distribute and periodically replenish supplies of brochures (to be produced by the Round Rock Convention and Visitors Bureau) to the State of Texas Visitor Information Centers and to Chambers of Commerce throughout the state. 2 .9 Produce and distribute periodically -updated city maps and direction guides. .10 Respond to the needs and requests of visitors by distributing other handout materials. .11 Make available the use of at least one copier which is adequate to timely meet the demands of reproducing needed handout materials for distribution in the Visitor Information Center and elsewhere. .12 Coordinate and collaborate with the Round Rock Convention and Visitors Bureau to develop and update a Community Calendar and to develop materials to be included in visitor information packets. .13 Continually maintain accurate logs of visitor inquiries received via walk-in, email and mail; and supply copies of such logs monthly and upon request to the Round Rock Convention and Visitors Bureau. .14 Keep the City and the Round Rock Convention and Visitors Bureau advised of relevant activities and accomplishments of the Chamber under this Agreement, and deliver any necessary reports. .15 Make all expenditures pursuant to this Agreement in conformity with the purposes and requirements for which hotel occupancy tax revenues may be expended under the law of the State of Texas. 1.04 DOCUMENTATION OF COSTS All costs incurred and expenditures made by the Chamber in performance of its obligations under this Agreement shall be supported by payrolls, time records, invoices, purchase orders, contracts, or vouchers, and other documentation satisfactory to the Parties, evidencing in proper detail the nature and propriety of such costs. Upon request of either Party, all such documentation and records pertaining in whole or in part to this Agreement shall be made available for review and inspection. 1.05 NON -APPROPRIATION CLAUSE Notwithstanding any other provisions of this Agreement, the City's funding obligations are expressly made contingent upon the availability of public funds and the annual appropriations thereof. The City's appropriations of funds for the promotion and advertisement of the City are and shall be further subject to any provisions of the City's Charter. In the event that the City does not appropriate funds in the amount necessary to support its obligations hereunder for a subsequent fiscal year, then this Agreement shall automatically expire at the end of the then - current fiscal year. 3 1.06 PERFORMANCE MEASURES The City may, in its sole discretion, require performance measures to periodically track and quantify the Chamber's progress towards complying with this Agreement. 1.07 TERMINATION FOR CAUSE The Parties expressly agree that the City may terminate this Agreement with our without cause. As to termination for cause, in addition to any other rights of termination reserved to the Parties herein, in the event that the Chamber fails to fulfill in a timely and proper manner its obligations under this Agreement, or in the event that the Chamber violates any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Chamber of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 1.08 MISCELLANEOUS A. No Discrimination. In performing the functions and services assigned to it under this Agreement, the Chamber shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, physical handicap, or disability as defined in the Americans with Disabilities Act of 1990, as now enacted or hereafter amended. B. Compliance with Applicable Laws. In performing the services required hereunder, the Chamber shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments. C. Amendments. The Parties may, from time to time, request changes in the services or functions to be performed by the Chamber hereunder. Such changes, including any increase or decrease in the amount of funding, shall be incorporated in written amendments approved by the Parties to this Agreement. This Agreement may be altered, amended, changed or modified only as mutually agreed upon by and between the Parties, and such alterations, amendments, changes or modifications shall be incorporated in written amendments to this Agreement which are duly acted on by the City's governing body or city manager, and by the Chamber's governing body. D. Assignments. The Chamber shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the City. E. Political Activity. None of the funds, materials, property or services provided directly or indirectly to the Chamber under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office or any measure. 4 F. Severability. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement. G. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other prior or contemporaneous agreements or understandings, whether verbal or written, with respect to the matters that are the subject of this Agreement. H. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of Texas, and venue shall lie in Williamson County, Texas. I. Approval Required. This Agreement shall not become effective or binding upon the Parties until approved by action of the Round Rock City Council or City Manager, and of the Round Rock Chamber of Commerce Board. IN WITNESS WHEREOF, the City and the Chamber do hereby execute this Agreement by and through their respective agents or officials. EST: Christine R. Martinez, City Secretary APP •VED AS TO FORM: 4,10 Stepha L. Sheets, City Attorney CITY " F ROUND ROCK By:-�' Print • N e: Ja..ryte5 k Title: i 1 fll a li ck t C '- Date: j n „! 3 (1S ROUND ROCK CHAMBER OF COMMERCE By: Printed Name: C___Gt&rLi(7:Pre.,Nv96C(e Title: Fres i c ev, -` Date: ae w, 2,C 260 S 5