Agenda Item #1
Columbus Consolidated Government
Council Meeting
August 25, 2009
Agenda Report #413
TO: Mayor and Councilors
SUBJECT: Contract with Columbus Convention and Visitors? Bureau
Contract
INITIATED BY: Finance Department
________________________________________________________________________________
__
Recommendation: Approval is requested to execute an intergovernmental agreement
between the Columbus Consolidated Government and the Columbus Convention and
Visitors? Bureau.
Background: Pursuant to O.C.G.A. ?48-13-50 et seq., the Columbus Council levies
and collects a tax upon the occupancy of hotel rooms and motel rooms within
Columbus. Pursuant to O.C.G.A. ?48-13-51(b) et seq., the Columbus Council
increased the levy to a rate of 8 percent effective August 1, 2009. O.C.G.A.
?48-13-51(b)(6) requires that 5% shall be expended for promoting tourism,
conventions, and trade shows, supporting a facility owned or operated by a
local government or local authority, supporting a facility owned or operated by
a state authority. O.C.G.A. ?48-13-51(b)(5) requires half of the remaining 3%
to be expended for promoting tourism, conventions, and trade shows by the
destination marketing organization designated by the county and the other half
of the 3% to be expended for tourism product development. The Columbus
Convention and Visitors? Bureau will be designated as the official destination
marketing organization. The Council must appropriate not less than 4 of the 8%
hotel-motel tax proceeds for the limited purpose of promoting conventions,
trade shows, and tourism. Columbus has established the CCVB as allowed by the
State Legislature to provide professional services to Columbus for the
promotion of conventions, trade shows, and tourism. The Columbus Council and
the CCVB desire that the CCVB be the exclusive provider of conventions, trade
shows, and tourism promotion services.
Analysis: The attached resolution addresses compliance with Georgia law for the
use of Hotel Motel Tax.
Financial Considerations: The 8% Hotel Motel Tax will be distributed as
follows: 4% CCVB, 2% Civic Center, 1% Trade Center, and 1% Performing Arts.
Legal Considerations: Intergovernmental agreement meets the requirements of the
Hotel Motel tax law.
Recommendations/Actions: Approve a resolution authorizing the City Manager to
execute an intergovernmental agreement between the Columbus Consolidated
Government and the Columbus Convention and Visitors? Bureau.
A RESOLUTION
No. _____________
WHEREAS, Columbus Council desires to promote the benefits and advantages of
Columbus and the surrounding Columbus metropolitan area, for conventions, trade
shows, and tourism for the purpose of stimulating economic growth in Columbus
the surrounding area; and,
WHEREAS, pursuant to O.C.G.A. ?48-13-50 et seq., the Columbus Council levies
and collects a tax upon the occupancy of hotel rooms and motel rooms within
Columbus, hereinafter referred to as the ?hotel-motel tax?; and,
WHEREAS, pursuant to O.C.G.A. ?48-13-51(b) et seq., the Columbus Council
increased the levy to a rate of 8percent effective August 1, 2009; and,
WHEREAS, O.C.G.A. ?48-13-51(b)(6) requires that 5% shall be expended for
promoting tourism, conventions, and trade shows, supporting a facility owned or
operated by a local government or local authority, supporting a facility owned
or operated by a state authority; and,
WHEREAS, O.C.G.A. ?48-13-51(b)(5) requires half of the remaining 3% to be
expended for promoting tourism, conventions, and trade shows by the destination
marketing organization designated by the county and the other half of the 3% to
be expended for tourism product development; and,
WHEREAS, the Columbus Convention and Visitors Bureau will be designated as the
official destination marketing organization; and,
WHEREAS, not less than 4 of the 8% hotel-motel tax proceeds must be
appropriated by the Council for the limited purpose of promoting conventions,
trade shows, and tourism; and,
WHEREAS, the CCVB has been established by Columbus as allowed by the State
Legislature to provide professional services to Columbus for the promotion of
conventions, trade shows, and tourism; and,
WHEREAS, the Columbus and the CCVB desire that the CCVB be the exclusive
provider of conventions, trade shows, and tourism promotion services as
hereinafter outlined for the benefit of Columbus; and,
WHEREAS, it is the intention of Columbus to provide funding to the CCVB through
the taxes levied and collected as heretofore identified; and,
WHEREAS, Columbus Council and the CCVB desires to establish a general framework
for the future efforts and establish procedures by which the CCVB will perform
professional services in connection with the promotion of conventions, trade
shows, and tourism.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
That the City Manager is hereby authorized to execute an intergovernmental
agreement between the Columbus Consolidated Government and the Columbus
Convention and Visitors? Bureau.
Introduced at a regular meeting of the Council of Columbus, Georgia, held on
the_______day of _____________, 2009, and adopted at said meeting by the
affirmative vote of _____ members of said council.
Councilor Allen voting __________.
Councilor Anthony voting __________.
Councilor Baker voting __________.
Councilor Barnes voting __________.
Councilor Davis voting __________.
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
_______________________________ ____________________________
Tiny B. Washington, Clerk of Council Jim Wetherington, Mayor
Columbus Convention & Visitors Bureau
Professional Services Contract with Columbus, Georgia
State of Georgia
County of Muscogee
This Contract (?Contract?) is made and entered into the City of Columbus, a
consolidated city-county government created by Georgia laws, hereinafter
referred to as ?Columbus?, and the Columbus Convention & Visitors Bureau,
hereinafter referred to as ?CCVB?, each acting by and through its authorized
officials, who declare as follows:
WHEREAS, Columbus Council desires to promote the benefits and advantages of
Columbus and the surrounding Columbus metropolitan area, for conventions, trade
shows, and tourism for the purpose of stimulating economic growth in Columbus
the surrounding area;
WHEREAS, pursuant to O.C.G.A. ?48-13-50 et seq., the Columbus Council levies
and collects a tax upon the occupancy of hotel rooms and motel rooms within
Columbus, hereinafter referred to as the ?hotel-motel tax?;
WHEREAS, pursuant to O.C.G.A. ?48-13-51(b) et seq., the Columbus Council
increased the levy to a rate of 8percent effective August 1, 2009; and,
WHEREAS, O.C.G.A. ?48-13-51(b)(6) requires that 5% shall be expended for
promoting tourism, conventions, and trade shows, supporting a facility owned or
operated by a local government or local authority, supporting a facility owned
or operated by a state authority; and,
WHEREAS, O.C.G.A. ?48-13-51(b)(5) requires half of the remaining 3% to be
expended for promoting tourism, conventions, and trade shows by the destination
marketing organization designated by the county and the other half of the 3% to
be expended for tourism product development; and,
WHEREAS, the Columbus Convention and Visitors Bureau will be designated as the
official destination marketing organization; and,
WHEREAS, not less than 4 of the 8% hotel-motel tax proceeds must be
appropriated by the Council for the limited purpose of promoting conventions,
trade shows, and tourism; and,
WHEREAS, the CCVB has been established by Columbus as allowed by the State
Legislature to provide professional services to Columbus for the promotion of
conventions, trade shows, and tourism; and,
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WHEREAS, the Columbus and the CCVB desire that the CCVB be the exclusive
provider of conventions, trade shows, and tourism promotion services as
hereinafter outlined for the benefit of Columbus; and,
WHEREAS, it is the intention of Columbus to provide funding to the CCVB through
the taxes levied and collected as heretofore identified; and,
WHEREAS, Columbus Council and the CCVB desires to establish a general framework
for the future efforts and establish procedures by which the CCVB will perform
professional services in connection with the promotion of conventions, trade
shows, and tourism.
NOW THEREFORE, the parties do agree as follows:
SECTION 1
CCVB COVENANTS
In consideration of Columbus? Contract to pay monies to the CCVB from
its hotel-motel tax revenues as hereinafter provided, the CCVB agrees to
undertake activities for the promotion of conventions, trade shows, and tourism
to include but not limited to the hotel industry and city-owned facilities,
through advertising and conducting promotional programs to attract tourists and
convention delegates or registrants to Columbus, creating hotel-motel tax
revenues, all in accordance with the CCVB marketing plan.
Specifically, but not limited to, CCVB covenants agrees as follows:
1.1. To promote the lease of facilities in Columbus
1.2. To conduct coordinated state, regional, national, and international
advertising, publicity, and promotion campaigns emphasizing the attractions
offered in Columbus and the surrounding area to conventions, trade shows, and
tourism.
1.3. To exhibit for the purpose of attracting visitors, conventions, meetings,
exhibits, selected trade, sports, and consumer shows, and others to Columbus.
1.4. To cause to be printed and distributed visitor literature/information, to
include, but not to limited to, hotels, attractions, facilities, etc., of
appropriate quality and other collateral material to Georgia Welcome Centers,
visitor information centers located in places of public accommodation, and
associations executives, meeting planners, group organizers, and leisure
travelers.
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1.5. To participate in appropriate industry related associations to include,
but not limited tourism and conventions, such as the Georgia Department of
Economic Development, American Bus Association, Georgia Society Association of
Executives, in order to assure that favorable publicity about Columbus may be
continued and expanded.
1.6. To solicit conventions, trade shows, and other meeting-holding
organizations to use appropriate facilities located in, but not limited to,
Columbus.
1.7. To provide appropriate services, according to CCVB established policies,
to associations, organizations, or groups convening or holding meetings in
Columbus; and to coordinate with the appropriate Columbus departments, local
hotels, restaurants, meeting facilities, and entertainment facilities, and to
strive to provide an environment in which a visiting group or organization
enjoys a coordinated and productive visit to Columbus.
1.8. To expend funds in each fiscal year in accordance with its fiscal year
budget, submitted as hereinafter provided to the Columbus Council.
1.9. To maintain appropriate bank accounts and records for deposit and
expenditure of all funds paid by Columbus hereunder.
1.10. To operate and maintain an accounting system in accordance with
professionally accepted accounting principles.
1.11. To have its financial statement audited at the end of each fiscal year by
an certified public accountant and to furnish a copy of its financial report
to Columbus.
1.12. To permit authorized officials of Columbus to review its books at any
reasonable time upon reasonable notice.
1.13. To cause to the President-CEO of the CCVB to appear, on request, from
time-to-time before the Columbus Council to discuss the CCVB program.
1.14. To perform all other duties or covenants provided elsewhere in this
Contract or required by Columbus Council.
SECTION 2
CCVB BUDGET & MARKETING PLAN
2.1. In order for Columbus to monitor the operation of the CCVB hereinafter,
CCVB shall submit to the Columbus Council its entity-wide budget and market
plan for each fiscal year. The
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market plan shall provide specific and detailed actions to be
performed by the CCVB during the fiscal year in question.
SECTION 3
PAYMENT AND USE OF FUNDS
3.1. In consideration of the professional services to be performed by the CCVB
under the terms of this Contract, Columbus shall pay to the CCVB 4% of all
monies collected from its hotel-motel tax levied pursuant to O.C.G.A. 48-13-50
et seq. Columbus shall make said payments to CCVB monthly on or before the
last business day of each month equal to 4% of hotel-motel tax receipts
collected by Columbus for the preceding month.
3.2. Exclusive Contract.
It is recognized that the hotel-motel tax may be only expended by
Columbus through the CCVB for the purposes authorized by Georgia law, which
include the promotion of conventions, trade shows, and tourism for Columbus.
The CCVB shall be the exclusive provider to Columbus for promotion of
conventions, trade shows, and tourism, for Columbus, and Columbus shall not
enter into contracts with any other providers for these services. CCVB
acknowledges the desire of Columbus Council that certain tourism promotion
services be provided by the Columbus Cultural Arts Alliance (CCAA) and the
Greater Columbus Sports & Events Council (GCSEC). In return for this exclusive
contract, CCVB agrees that it will pay the CCAA not less than 9.75% and GCSEC
not less than 25% of the 4% hotel-motel tax revenues provided to CCVB by
Columbus.
3.3. CCVB Representation
A member of the CCVB?s Board of Commissioners, or their representative,
shall be a member of the Columbus Cultural Arts Alliance grant review process
? for the purpose of advising the CCAA and reporting to the CCVB Board of
Commissioners. This representative shall also be a participating board member
of the CCAA and the GCSEC.
3.4. Private Funds: Contracts With Other Political Subdivisions.
In addition to the monies dedicated to the use of the CCVB from the tax
sources herein before identified in Section 3.1, the CCVB?s annual income may
consist of contributions, membership
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dues, in-kind donations, merchandise sales, rental lease income,
services from private sources, and contracts for tourism promotional
services with other political subdivisions.
3.5. CCVB shall provide Columbus with other reports of information which
Columbus may reasonably require to verify the proper use of tax monies
paid to the CCVB hereunder.
SECTION 4
TERM: CCVB OPTION TO RENEW
4.1. The initial term of this Contract shall be for a period of five
(5) years commencing on (DATE), and unless this Contract shall have been
sooner terminated or extended in accordance with other provisions contained
herein.
4.2. Provided CCVB is in compliance with all terms and conditions of
this Contract, CCVB will have the option to request Columbus to enter into
negotiations with CCVB under the same terms and conditions as herein provided
or as mutually agreed upon.
SECTION 5
TERMINATION
5.1. Termination by Columbus.
Columbus may terminate this Contract at any time by giving at least 60 days
prior written notice to CCVB.
5.2 Termination by CCVB.
The CCVB may terminate this Contract at any time by giving at least 60 days
prior written notice to Columbus.
SECTION 6
PERSONNEL: DISCRIMINATION PROHIBITED
6.1. Columbus Employees
It is mutually understood and agreed that the CCVB is under no
obligation to hire and provide employment for any of the existing employees
of Columbus (City Employees). The CCVB, may, however, desire to hire one or
more City Employees as a new hire, and Columbus shall not discourage any
such employee from accepting employment with the CCVB.
b. With respect to City Employees who may be hired by CCVB, Columbus
understands and agrees that the CCVB shall not be held liable or responsible
for any actions or omissions of
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said employees which actions or omissions arose out of the employment
with Columbus and occurred prior to the date of hire of said employee by the
CCVB. The CCVB understands and agrees that Columbus will not be liable or
responsible for any actions or omissions of said employees, which actions
arise out of their employment with the CCVB and occur as of and after
the date of their hire by the CCVB.
6.2 CCVB Employees
The CCVB represents that it has, or will secure at its own expense, all
personnel required in performing all of the CCVB services required under this
Contract. All employees of the CCVB shall not be employees of or have any
contractual relationships with Columbus.
6.3 Qualifications
All the CCVB services required hereunder will be performed by the CCVB
under its supervision and all personnel engaged in performing the CCVB
services shall be qualified by the CCVB?s President-CEO.
6.4 No Discrimination
In performing the CCVB service required hereunder, the CCVB shall not
discriminate against any person on the basis of race, color, religions, sex,
national origin or ancestry, age or physical handicap, and shall comply with
local, state, and federal laws and regulations applicable to the CCVB
relating to non-discrimination.
SECTION 7
INSURANCE
7.1. The CCVB shall procure and maintain at its expense during the term
of the Contract, bonds and insurance in the kinds and amounts hereinafter
provided with insurance companies authorized to do business in the State of
Georgia, covering the CCVB services, whether performed by the CCVB or its
agents and/or representatives. The various types of required insurance may be
written in one or more policies. Kinds and amounts of insurance required
are as follows:
a. Comprehensive General Liability Insurance Including Automobile.
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Comprehensive general liability and automobile insurance policy
with liability limits in amounts not less than $1,000,000 combined single limit
of liability for bodily injury, including death, and property damage in
one occurrence.
Such policies of insurance must include coverage for all operation performed
for Columbus by CCVB, coverage for the use of all owned, non-owned, hired
automobiles, vehicles, and other equipment both on and off work.
a. Workers? Compensation Insurance
Workers? Compensation Insurance for its employees in accordance with
the provisions of the Workers? Compensation Act of the State of Georgia and
may be authorized through Columbus? Risk Management Department.
SECTION 8
NOTICE
8.1. Any notice, request, demand, statement, or consent required or
permitted to be given hereunder be given via registered or certified
mail, returned receipt requested, postage prepaid, to the other at the
respective address given herein below:
To CCVB, President-CEO
Columbus Convention & Visitors Bureau
900 Front Avenue, P.O. Box 2768
Columbus, GA 31902
To Columbus, City Manager
Columbus Consolidated Government
P.O. Box 1340 Columbus, GA 31902-1340
SECTION 9
CONSTRUCTION AND SEVERABILITY
9.1. If any part of this Contract is held to be invalid or unenforceable by any
law, regulation or court decision, such holding will not affect the validity
or enforceability of any other part of this Contract.
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SECTION 10
AMENDMENTS
10.1. This Contract me be altered, amended, changed, or modified as
mutually agreed upon by and between Columbus and the CCVB, and such
alterations, amendments, changes, or modification shall be incorporated into
written amendments to this Contract.
SECTION 11
APPLICABLE LAW
11.1. This Contract shall be governed by and construed and enforced in
accordance with the laws of the State of Georgia.
SECTION 12
APPROVAL REQUIRED
12.1. This Contract is contingent upon and shall not
become effective or binding until formally approved by the Columbus Council and
the Board of Commissioners of the Columbus Convention & Visitors Bureau.
SECTION 13
MISCELLANEOUS
13.1 Contract. This written instrument constitutes the entire Contract of the
parties hereto concerning the subject matter hereof, and any prior or
contemporaneous oral or written Contract, which purports to vary from the terms
hereof, shall be void.
13.2. Assignment. CCVB shall not assign this Contract or any interest therein
without the prior written approval of Columbus.
13.3. Public Access ? Opening Meetings. CCVB shall provide
reasonable public access to all CCVB board and committee meetings
(collectively ?CCVB Meetings?), according to the Georgia Open meetings
Law, and shall issue notices of meetings required by said Open Meetings Laws,
as if the CCVB were a governmental entity subject to said Open Meetings
Law.
13.4. Public Access -- Open Records
The CCVB recognizes its obligations to continue to maintain open and
public records as required by the Georgia Open Records Act and subject to any
exception enumerated therein.
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IN WITNESS WHEREOF, the parties have executed this Contract and through
their duly authorized officers at Columbus, Georgia, this ____ date of
___________, 2009.
Columbus Convention & Visitors Bureau
By
As Its:
Attest
Columbus, Georgia
By:
As Its Mayor
Attest
Signed, sealed, and delivered in the presence of:
Notary Public
My commission Expires:
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Attachments
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