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8.2 Agr Tourism & Conv Program CITY OF SALINA REQUEST FOR COMMISSION ACT ION DATE TIME 12/23/85 4:00 AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 CITY MANAGER AGENDA: NO. 2 BY: Rufus L. Nye BY: The Salina Area Chamber of Commerce and the City have a contract wherein the Chamber develops and administers a Tourism and Convention Program funded by the 2% Hotel and Motel Transient Tax. This agreement has been in effect since 1977. The proposed new agreement is recommended by the Board of Directors of the Chamber of Commerce. It continues in all essential aspects the 1977 agreement with principally changes in terminology. This wording more closely aligns the duties of this program with the new organizational structure of the Chamber of Commerce. It will not affect this most successful program, but only brings the agreement up to date. I recommend that it be approved. I COMMISS ION ACTION MOTION BY SECOND BY TO: AGR~)[ENT WHEREAS, on September 25, 1977, the City Commission of the City of Salina enacted a resolution levying a tax upon hotel and motel transient guests within the city, said resolution being made effective October 1, 1977; and WHEREAS, the City of Salina desires that the proceeds derived from said Hotel and Motel Transient Guest Tax be used for the promotion, solicitat- ion, encouragement and development of tourism and conventions for the City of Salina. WHEREAS, the City of Salina desires, as authorized by Kansas law, to con- tract with the Salina Area Chamber of Commerce (hereafter Chamber) to prov vide for implementing programs for the promotion of tourism and conventions. NOW, THEREFORE, in consideration of the premises and covenants herein, the City and the Chamber hereby agree as follows: City does hereby engage and retain the Chamber to manage and operate a Conventions and Tourism Promotion Program and to render the services herein- after contemplated, and the Chamber does hereby agree to accept such engage- ment and to discharge its duties in accordance with the terms and conditions hereinafter set forth. II. The Chamber is engaged and retained as an independent contractor and not as an officer, agent or employee of the City. III. The Conventions and Tourism Promotion Programs, to be provided .by the Cham- ber, shall encourage, promote and solicit tourism and conventions for the City of Salina. IV. The City has appointed a Convention and Tourism Committee which shall recom- 'mend to the Chamber programs of service for funds received from the trans- ient guest tax and appropriate consideration shall be given by the Chamber to such recommendations in carrying out this agreement. The Chamber shall maintain a Conventions and Tourism Division of the Chamber which shall be directed by a full-time employee of the Chamber who shall devote his/her time primarily to the promotion and solicitation of tourism and conventions for the City of Salina. VI. The Chamber shall submit to the City Manager an annual operating budget for the Conventions and Tourism Promotion Program for the next calendar year. Said budget shall reflect the proposed expenditures to be made by the Chamber for said programs and the PUrposes for which said expenditures are to be made. VII. It is the intention of the City and the Chamber that the City will make monthly disbursements of funds to the Chamber generated by the proceeds of the Hotel and Motel Transient Guest Tax received by the city. These monthly disbursements shall each be equal to 1/12 of the annual operating budget submitted by the Chamber to the City Manager. It is expressly under- stood that in no event shall the total annual disbursements exceed the total annual amount of proceeds generated by the Hotel and Motel Transient Guest Tax. VIII. The City Manager, or his designated representative, shall upon reasonable notice, have the right to inspectall books and records of the Chamber involvv ing the use of funds received under this contractual agreement. The Chamber shall supply a copy of the annual audit of the records pertain- ing to the Conventions and Tourism Promotion Program to the City Manager. IX. It is understood and agreed that either party may terminate this contract by g~ving to the other party notice in writing of'said termination ninety days~prior to December 31 of any year. Furthermore all previous agreements between the parties regarding Conventions and Tourism Promotion Programs are hereby terminated. Dated this day of , 1985. City of Salina, Kansas Attest: Don Harrison, City Clerk by Merle Hodges, Mayor Salina Area Chamber of Commerce Attest: B~ C. Stanley Nelson,~ Chairman