Res 2573 7/1/1980s.
RESOLUTION NO. 9.1
RESOLUTION APPROVING CONTRACT WITH WICHITA FALLS
BOARD OF COMMERCE & INDUSTRY TO CREATE A CONVEN-
TION AND VISITORS BUREAU.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
That certain agreement, a copy of which is attached
hereto, between the City of Wichita Falls and Wichita Falls
Board of Commerce & Industry, wherein the City employs the
Board of Commerce & Industry to manage and operate a
Convention and Visitors Bureau in the City, is hereby
approved, and the City Manager is authorized to execute the
same for the City of Wichita Falls.
PASSED AND APPROVED this the 1st day of July, 1980.
itlhos.c `2
MAYO
ATTEST:
City Clerk
7
THE STATE OF TEXAS :
COUNTY OF WICHITA .
THIS AGREEMENT, executed in duplicate, is made and
entered into by and between the City of Wichita Falls , Texas,
a municipal corporation, hereinafter called "City" , acting
herein by and through its duly authorized City Manager, and
the Wichita Falls Board of Commerce & Industry, a non-profit
corporation, hereinafter called "BCI" , acting herein by and
through its duly authorized representative.
WHEREAS, the City Council of the City of Wichita Falls
has enacted an ordinance levying a tax of four percent (4%)
upon hotel and motel occupancy within the City; and,
WHEREAS, the City of Wichita Falls desire that a portion
of the proceeds derived from said hotel and motel occupancy
tax, as set out herein, be used for the promotion, solicitation,
encouragement and development of tourism and conventions for
the City of Wichita Falls;
NOW, THEREFORE, in consideration of the premises herein,
the City and the BCI hereby agree as follows :
1 .
City does hereby employ, engage and hire the BCI to
manage and operate a Convention and Visitors Bureau and to
render the services herein contemplated, and the BCI does hereby
agree to accept such hiring, engagement and employment and to
discharge such duties in accordance with the terms and conditions
herein set forth.
2 .
The BCI is hired and engaged as an independent contractor
and is not an officer, agent or employee of the City.
3 .
The Convention and Visitors Bureau, to be managed and
operated by the BCI , shall encourage, promote and solicit
tourism and conventions for the City of Wichita Falls .
4 .
To assist the Convention and Visitors Bureau in encouraging,
promoting and soliciting tourism and conventions for the City of
Wichita Falls, the BCI shall appoint annually an advisory Board
of Convention and Tourism Activities composed of at least seven
7) members. The Board of Convention and Tourism Activities
shall perform, among others, the following functions :
A. It shall encourage and promote the development of
Tourism and conventions in the City of Wichita Falls.
B. It shall recommend to the BCI and its Convention and
Visitors Bureau, projects and programs, to promote,
encourage and solicit tourism and conventions for
the City of Wichita Falls.
C. It shall advise and assist the BCI in the preparation
of the annual budget of the Convention and Visitors
Bureau.
2-
5.
The BCI shall hire and employ a manager of the Convention
and Visitors Bureau and other employees as necessary. Said
Manager shall be a full-time employee of the BCI and shall devote
his time to the promotion and solicitation of tourism and con-
ventions for the City of Wichita Falls.
6 .
Tourism development shall include such functions as:
1 . Participation in travel shows (such as Dallas,
Des Moines, Kansas City, Houston and St. Louis)
to promote the City within our geographic region.
2 . Informational activities at area airports, at Texas
Tourist Bureau outlets, at motel information desks,
and other appropriate places.
3 . Development of package tours and the marketing of
those tours via the International Association of
Tour Group Brokers and the personal relationships
to be developed with that association. Fixed cost
tours, including meals, rooms and other activities,
will promote the low-occupancy days of the interested
motel properties .
4 . Development of a theme accentuating the cultural
heritage of Wichita Falls as a West Texas trading
and oil center.
5. Conduct familiarization tours of the area. Tours
would result in greater publicity and knowledge of
the city by such influential groups as the AAA Tourist
Counselors , the Texas Highway Department Tourist
Counselors, Texas Information Center employees, Texas
Tourist Development Agency employees and writers, and
the Discover Texas Association.
6 . Involvement and membership in the appropriate groups
as well as the Discover America First Association.
3-
44
0
7 .
Convention solicitation shall include such functions as:
1 . Development of an advertising plan for and personal
relationships with state and regional associationpg
4 executives who make the critical locational decisions.
2 . Sales or "Blitz" trips to major regional organization
offices including Austin, Dallas, Houston, San Antonio
and Oklahoma City.
3. Participation in trade shows including the annual
conventions/shows of the Texas Society of Association
Executives, American Society of Association Executives,
the Discover Texas Association and the Texas Tourist
Development Agency.
4 . Travel on a regional basis to solicit conventions with
emphasis on state and sub-state level affairs.
5. Develop local interest in bidding for and hosting
locally sponsored meetings in Wichita Falls .
6 . Maintain a relationship with major corporate accounts
to entice regional business conferences .
7 . Work to promote the use of the Activities Center and
Memorial Auditorium as sites for use by visiting
groups .
8 . Provide assistance in coordinating hotel-motel
reservations for convention groups.
9 . Assist in setting up and operating convention
registration facilities .
8 .
The BCI shall submit to the City Manager by June 30 of
each year an annual operating budget for the Convention and
Visitors Bureau for the next fiscal year. Said budget shall
reflect the proposed expenditures to be made by the Convention
and Visitors Bureau and the purposes for which said expenditures
are to be made. Said budget shall reflect the expenditures to
4-
be made during each quarterly period. For the purpose of this
agreement, "quarterly period" shall mean the regular calendar
quarters of the year, the first quarter being the months of
October, November and December; the second quarter being composed
of the months of January, February and March; the third quarter
being composed of the months of April , May and June; and the
fourth quarter being the months of July, August and September .
No payments shall be made under this agreement by the City to
the BCI until the annual budget has been approved by the City
Council . The annual budget may not be amended without the
written consent of the City Council . Approval of said budget
shall automatically renew this contract. The annual budget
shall equal approximately 25% of the estimated annual receipts
obtained by the City from the 4% hotel-motel occupancy tax.
9.
No expenditure may be made by the Convention and Visitors
Bureau or by its manager or employees unless such expenditures
shall first be approved by the Executive Vice President of the BCI .
10.
The City Manager, or his designated representative, shall,
on reasonable notice, have the right to inspect all books and
records of the Convention and Visitors Bureau.
11 .
It is expressly understood and agreed by the City and
the BCI that all funds received from the hotel-motel tax that
5-
are paid to the BCI shall be used solely for the purpose of
encouraging, promoting and soliciting conventions and tourism
for the City of Wichita Falls.
12 .
It is understood and agreed that either party may
terminate this contract by giving to the other party notice
in writing of said termination thirty (30) days in advance.
13 .
Upon termination of this agreement, unless it be renewed,
the BCI shall deliver to the City all unencumbered funds derived
from the hotel-motel occupancy tax and all removable personal
property that may have been purchased with funds derived from
said tax.
14 .
The BCI agrees to indemnify, save harmless, and defend
the City of Wichita Falls from any and all claims, causes of
action and damages of every kind arising from the operations
of the BCI, its officers, agents and employees including the
Convention and Visitors Bureau and its officers, agents and
employees, carried out in furtherance of this agreement and
specifically including any and all acts of negligence by the
City of Wichita Falls, its agents, officers and employees. The
BCI shall carry or cause to be carried general public liability
and automobile liability insurance on all operations embraced
6-
a
by this agreement. The BCI shall also procure contractual
liability insurance, the cost of said insurance policies to be
an expense of the Convention and Visitors Bureau.
EXECUTED in duplicate originals this the 2nd day of
July 1980
CITY OF WICHITA FALL
ATTEST:
By: Ci.t Clerk By: City Ma er
WICHITA FALLS BOARD OF
COMMERCE & INDUSTRY
ATTEST: l
2z'
T
By: By xecuti e Vice Presi:ent
7-