City Council
City Council
City 0Va 1-ngkside
Agenda Item
From:
Melissa Byrne Vossmer, City Manager
Meeting Date: June 27, 2017
Agenda Wording:
Discussion Concerning the City' s Office Building at the N. O. Simmons Park
Attachments:
2016- 2017 Contract Between The City of Ingleside and Ingleside Chamber of Commerce Legal Review:
Executive Summary: As I have shared with Council, in my first few months as City Manager it has become apparent to me that one of the issues we will need to address in the future is space in City Hall. As part of the rehabilitation of City Hall recently approved by Council, an extended office was included so Staff could be moved around to provide additional office space thereby resulting in Human Resources gaining some privacy that is lacking in our operations today. When you look in our offices you may well note that in some cases folks are sharing an office, some are working in an area that is used as a walkway across the building and others have more " stuff' than they have room for resulting in very cluttered, messy offices. This is not always conducive to maximum efficiency
and can affect
morale.
Understanding a new City Hall is not in the near future, another opportunity I thought of was moving the Parks employees (2) out of City Hall and relocating them back to the building at N. O. Simmons Park. It made sense to me to have these folks out in the field, in a Parks facility and to make them even more accessible.
As that building is currently occupied by the Chamber of Commerce, I decided to share my thoughts with Jane Gimler, Executive Director of the Ingleside Chamber of Commerce to gE
feedback. This was initially mentioned in early May. Ms. Gimler, in turn, shared my comments with her Board. As of June 7, the Board was examining what opportunities might be available
locally. The week of June 12th, I learned that there was prime, highly visible space available at
the Bay Vista Center which fronts on a major thoroughfare that might be suitable for Chamber operations. This location would certainly be easier for visitors to our community to locate and the signage out front invaluable. This would provide an opportunity for the Ingleside Chamber of Commerce /
Tourism Center to be located in with the businesses whose members they
serve.
Because I seem to have started a snowball by asking questions, I have made sure that it was understood that these were my thoughts and in no way represented any direction from the City Council. I initially was thinking this was a longer term opportunity but folks have moved forward to look at other opportunities.
This item is on the agenda this evening to provide an opportunity for Council to discuss and if appropriate, provide direction. Ms. Gimler plans on attending the meeting to represent the Chamber
of Commerce.
Impact if Approved:
N/ A
Impact
if Denied:
N/ A
Is Funding Required?
Yes
No If yes, Is it Budgeted?
Yes
No
N/ A
Indicate Funding Source/ Explanation:
Discussion item only. The Chamber of Commerce has a contract for $120,700 for tourism related services from the Hotel /
Motel Fund ( Occupancy Tax). Currently no rent payment to
the City is included in the contract.
Known
as:
2016- 2017 CONTRACT BETWEEN THE CITY OF INGLESIDE AND THE INGLESIDE
CHAMBER OF
COMMERCE
THE STATE
OF TEXAS
COUNTY OF SAN PATRICIO
2016- 2017 CONTRACT BETWEEN THE CITY OF INGLESIDE AND THE INGLESIDE CHAMBER OF COMMERCE ARTICLE I. PARTIES
The parties to this Contract are The City of Ingleside, a Texas Home Rule Municipality, . hereinafter called " City",
and The' Ingleside Chamber of Commerce, a
Texas Non- profit Corporation, hereinafter called the " Chamber".
ARTICLE
II.
CONSIDERATION
For and in consideration of the mutual covenants, conditions and stipulations
herein set forth, the City and Chamber hereby covenant and agree as follows:
ARTICLE
PURPOSE,
AUTHORITY
III.
AND STIPULATIONS
The City is a Texas Home" Rule Municipality, which seeks to promote its tourist and convention industry business for the benefit of the City. The City benefits through
increased economic and development activity, and increase ad valorem tax base resulting from increased development, and increased sales tax and occupancy tax income developed by such tourists and conventioneers.
The Chamber
is a Texas Non- profit
corporation, 'which is engaged in and has expertise and experience in the business of promoting the tourist and convention business. Section 351. 101( c),
The City is granted the authority under
Texas Tax. Code, to delegate to the. Chamber the management and
supervision of the programs and activities, which are the subject of this Contract.
1
ARTICLE
IV. -
OCCUPANCY TAX LAW
Occupancy tax revenue may only be spent to promote tourism and the convention and hotel industry within the City and specifically for the purposes allowed and provided for under Section 351. 101, Texas Tax Code, the provisions of which are incorporated herein for all intents and purposes as if recited verbatim at this point.
ARTICLE V.
USE OF FUNDS
Any and all monies, if any, which the City of Ingleside grants to the Chamber under this contract are and shall be occupancy tax revenues. None of said monies shall be spent by the Chamber for any purpose not allowed by Chapter 351, Texas Tax Code. More particularly, it is anticipated that such funds will be spent between the date of this contract and September 30, 2017. Such funds shall only be spent for the purposes and in the amounts stated as follows:
1. Advertising..........................................................................................$
33, 500. 00
2. Community Events..............................................................................$
31, 900. 00
3.
Insurance ................ :............................................................................... $
2, 000. 00
4.
Office Supplies......................................................................................$
2,400'.00
5.
Postage.....................................................................................................$
6. Non -Phone Utilities.........................................................:....................$
600. 00 1, 900. 00
2, 500. 00 7. Telephone Utility..................................................................................$ 8.
Personnel
Cost....................................................................................$
9. Accounting Fees....................................................................................$
33, 700. 00 3, 960. 00
10. Travel/ Training...................................................................................$
2, 225. 00
11. Equipment Lease ....................... ............... .......................... .$
2, 700. 00
12. Membership Dues .............................................................................:.....$
800.00
13. Maintenance.........................................................................................$ Total $
2, 000. 00 120, 700. 00
The City hereby agrees to and does hereby grant to the Chamber of Commerce the sum of 120, 700. 00, provided that if the City does not collect $
120, 700. 00 in such taxes the
amount granted hereunder shall be reduced to the amount actually collected, it being understood and agreed that a portion of said funds are being spent by the Chamber to operate a Visitor Information Center as allowed by Section 351. 101( a),
in addition to
other purposes.
ARTICLE
VI.
FUND USE CONTROLS
6. 01 Separate Account. The Chamber must maintain all revenue granted to it by the City
in a separate account and may not commingle that revenue with any other money or maintain it in anyu other account, as required by Section 351. 101( c), Texas -Tax Code.
6. 02
Maintenance of Records.
The Chamber must maintain complete and accurate
financial records of each expenditure of occupancy tax revenue madeby the Chamber, as required by Section 351. 101( e), Texas Tax Code, and said records shall be maintained in
a form approved by the City. The Chamber will record expenditures on a monthly basis in separate accounts, according to the budget approved by the City.
6.03 Access to Records. At the request of the City Council of the City, the City Manager or other authorized agent of the City, the Chamber shall make its records available to .the
City for inspection, review and copying, as required by Section 351. 101( e),
Texas Tax
Code. All records concerning the matters addressed under this contract, including those concerning the receipt, handling and utilization of the occupancy tax revenues which are granted to the Chamber under this contract, are open records subject to the Texas open
Records Act, and the Chamber covenants and agrees that it will immediately advise the
3
City upon receipt of any request made for such records and will fully cooperate with and assist the City to facilitate compliance with the Texas Open Records Act.
6. 04 Reports and Audit. The City may conduct, within ninety ( 90) days after the end of
its fiscal year or at any other time, an independent audit for such expenditures indicating expenditures under this contract for the fiscal year ending September 30, 2017 or any other period -of time, as required by Section 351. 101( c),
Texas
Tax Code.
Further, in
compliance with Section 351. 101( c), within thirty ( 30) days after the end of each fiscal
quarter, throughout the term hereof, the Chamber will furnish the City a performance report of its work under this contract, during the immediately preceding quarter, in a form
determined by the City Manager of the City, which report shall reflect, by way of illustration and not limitation, a list of all expenditures, overall activity, meetings, conventions and conferences conducted and attended, number of personnel employed and
their general duties, and .copies of literature produced, as well as a description of direct mailings in the last quarter, and similar information.
ARTICLE VII.
AGREEMENT TO FUND
City will grant to Chamber $ 120, 700. 00 from the City' s occupancy tax receipts on the date of this contract, such funds to be transferred by the City to the Chamber on a quarterly basis.
ARTICLE VIII. .
MISCELLANEOUS
8. 01
Contractual Liability Disclaimer.
In no event shall the City be liable for any
contracts whatsoever made by the Chamber with any person, firm, corporation or
governmental body, other than those which may be made between the City and Chamber.
4
11
8. 02 General Lidbility Disclaimer. In no event shall the City be liable for any damages,
injuries, or losses charged to or adjudged against the Chamber arising from its operations, use or maintenance of facilities or funds.
8. 03
Termination.
If either party materially breaches this agreement, the other party
may terminate this contract upon thirty ( 3 0) days notice, which notice shall be deemed given as of the deposit date in an official depository of the U.S. Postal Service, postage prepaid, certified mail, in an envelope properly stamped and addressed, for the delivery to the City at Post Office Drawer 400, Ingleside, Texas 78362, or to Chamber at P. O. Box 6.86, Ingleside, Texas 78362.
8. 04
Severance.
If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this contract shall be held invalid or unconstitutional
by final
judgment of a Court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this contract, for it is the
definite intent of the parties hereto that every section, paragraph, subdivision, clause, phrase, word and.provision hereof be given full force and effect for its purpose.
EXECUTED effective the 1st day of October, 2016. CITY OF INGLESIDE,
A Texas Home Rule Municipality
By: _ Luis Lamas, Ma
INGLESIDE CHAMBER OF COMMERCE
A Texas Non-profit Corporation
Casanova, Board Chairman
City 0Va 1-ngkside
Agenda Item
From:
Melissa Byrne Vossmer, City Manager
Meeting Date: June 27, 2017
Agenda Wording:
Discussion Concerning the City' s Office Building at the N. O. Simmons Park
Attachments:
2016- 2017 Contract Between The City of Ingleside and Ingleside Chamber of Commerce Legal Review:
Executive Summary: As I have shared with Council, in my first few months as City Manager it has become apparent to me that one of the issues we will need to address in the future is space in City Hall. As part of the rehabilitation of City Hall recently approved by Council, an extended office was included so Staff could be moved around to provide additional office space thereby resulting in Human Resources gaining some privacy that is lacking in our operations today. When you look in our offices you may well note that in some cases folks are sharing an office, some are working in an area that is used as a walkway across the building and others have more " stuff' than they have room for resulting in very cluttered, messy offices. This is not always conducive to maximum efficiency
and can affect
morale.
Understanding a new City Hall is not in the near future, another opportunity I thought of was moving the Parks employees (2) out of City Hall and relocating them back to the building at N. O. Simmons Park. It made sense to me to have these folks out in the field, in a Parks facility and to make them even more accessible.
As that building is currently occupied by the Chamber of Commerce, I decided to share my thoughts with Jane Gimler, Executive Director of the Ingleside Chamber of Commerce to gE
feedback. This was initially mentioned in early May. Ms. Gimler, in turn, shared my comments with her Board. As of June 7, the Board was examining what opportunities might be available
locally. The week of June 12th, I learned that there was prime, highly visible space available at
the Bay Vista Center which fronts on a major thoroughfare that might be suitable for Chamber operations. This location would certainly be easier for visitors to our community to locate and the signage out front invaluable. This would provide an opportunity for the Ingleside Chamber of Commerce /
Tourism Center to be located in with the businesses whose members they
serve.
Because I seem to have started a snowball by asking questions, I have made sure that it was understood that these were my thoughts and in no way represented any direction from the City Council. I initially was thinking this was a longer term opportunity but folks have moved forward to look at other opportunities.
This item is on the agenda this evening to provide an opportunity for Council to discuss and if appropriate, provide direction. Ms. Gimler plans on attending the meeting to represent the Chamber
of Commerce.
Impact if Approved:
N/ A
Impact
if Denied:
N/ A
Is Funding Required?
Yes
No If yes, Is it Budgeted?
Yes
No
N/ A
Indicate Funding Source/ Explanation:
Discussion item only. The Chamber of Commerce has a contract for $120,700 for tourism related services from the Hotel /
Motel Fund ( Occupancy Tax). Currently no rent payment to
the City is included in the contract.
Known
as:
2016- 2017 CONTRACT BETWEEN THE CITY OF INGLESIDE AND THE INGLESIDE
CHAMBER OF
COMMERCE
THE STATE
OF TEXAS
COUNTY OF SAN PATRICIO
2016- 2017 CONTRACT BETWEEN THE CITY OF INGLESIDE AND THE INGLESIDE CHAMBER OF COMMERCE ARTICLE I. PARTIES
The parties to this Contract are The City of Ingleside, a Texas Home Rule Municipality, . hereinafter called " City",
and The' Ingleside Chamber of Commerce, a
Texas Non- profit Corporation, hereinafter called the " Chamber".
ARTICLE
II.
CONSIDERATION
For and in consideration of the mutual covenants, conditions and stipulations
herein set forth, the City and Chamber hereby covenant and agree as follows:
ARTICLE
PURPOSE,
AUTHORITY
III.
AND STIPULATIONS
The City is a Texas Home" Rule Municipality, which seeks to promote its tourist and convention industry business for the benefit of the City. The City benefits through
increased economic and development activity, and increase ad valorem tax base resulting from increased development, and increased sales tax and occupancy tax income developed by such tourists and conventioneers.
The Chamber
is a Texas Non- profit
corporation, 'which is engaged in and has expertise and experience in the business of promoting the tourist and convention business. Section 351. 101( c),
The City is granted the authority under
Texas Tax. Code, to delegate to the. Chamber the management and
supervision of the programs and activities, which are the subject of this Contract.
1
ARTICLE
IV. -
OCCUPANCY TAX LAW
Occupancy tax revenue may only be spent to promote tourism and the convention and hotel industry within the City and specifically for the purposes allowed and provided for under Section 351. 101, Texas Tax Code, the provisions of which are incorporated herein for all intents and purposes as if recited verbatim at this point.
ARTICLE V.
USE OF FUNDS
Any and all monies, if any, which the City of Ingleside grants to the Chamber under this contract are and shall be occupancy tax revenues. None of said monies shall be spent by the Chamber for any purpose not allowed by Chapter 351, Texas Tax Code. More particularly, it is anticipated that such funds will be spent between the date of this contract and September 30, 2017. Such funds shall only be spent for the purposes and in the amounts stated as follows:
1. Advertising..........................................................................................$
33, 500. 00
2. Community Events..............................................................................$
31, 900. 00
3.
Insurance ................ :............................................................................... $
2, 000. 00
4.
Office Supplies......................................................................................$
2,400'.00
5.
Postage.....................................................................................................$
6. Non -Phone Utilities.........................................................:....................$
600. 00 1, 900. 00
2, 500. 00 7. Telephone Utility..................................................................................$ 8.
Personnel
Cost....................................................................................$
9. Accounting Fees....................................................................................$
33, 700. 00 3, 960. 00
10. Travel/ Training...................................................................................$
2, 225. 00
11. Equipment Lease ....................... ............... .......................... .$
2, 700. 00
12. Membership Dues .............................................................................:.....$
800.00
13. Maintenance.........................................................................................$ Total $
2, 000. 00 120, 700. 00
The City hereby agrees to and does hereby grant to the Chamber of Commerce the sum of 120, 700. 00, provided that if the City does not collect $
120, 700. 00 in such taxes the
amount granted hereunder shall be reduced to the amount actually collected, it being understood and agreed that a portion of said funds are being spent by the Chamber to operate a Visitor Information Center as allowed by Section 351. 101( a),
in addition to
other purposes.
ARTICLE
VI.
FUND USE CONTROLS
6. 01 Separate Account. The Chamber must maintain all revenue granted to it by the City
in a separate account and may not commingle that revenue with any other money or maintain it in anyu other account, as required by Section 351. 101( c), Texas -Tax Code.
6. 02
Maintenance of Records.
The Chamber must maintain complete and accurate
financial records of each expenditure of occupancy tax revenue madeby the Chamber, as required by Section 351. 101( e), Texas Tax Code, and said records shall be maintained in
a form approved by the City. The Chamber will record expenditures on a monthly basis in separate accounts, according to the budget approved by the City.
6.03 Access to Records. At the request of the City Council of the City, the City Manager or other authorized agent of the City, the Chamber shall make its records available to .the
City for inspection, review and copying, as required by Section 351. 101( e),
Texas Tax
Code. All records concerning the matters addressed under this contract, including those concerning the receipt, handling and utilization of the occupancy tax revenues which are granted to the Chamber under this contract, are open records subject to the Texas open
Records Act, and the Chamber covenants and agrees that it will immediately advise the
3
City upon receipt of any request made for such records and will fully cooperate with and assist the City to facilitate compliance with the Texas Open Records Act.
6. 04 Reports and Audit. The City may conduct, within ninety ( 90) days after the end of
its fiscal year or at any other time, an independent audit for such expenditures indicating expenditures under this contract for the fiscal year ending September 30, 2017 or any other period -of time, as required by Section 351. 101( c),
Texas
Tax Code.
Further, in
compliance with Section 351. 101( c), within thirty ( 30) days after the end of each fiscal
quarter, throughout the term hereof, the Chamber will furnish the City a performance report of its work under this contract, during the immediately preceding quarter, in a form
determined by the City Manager of the City, which report shall reflect, by way of illustration and not limitation, a list of all expenditures, overall activity, meetings, conventions and conferences conducted and attended, number of personnel employed and
their general duties, and .copies of literature produced, as well as a description of direct mailings in the last quarter, and similar information.
ARTICLE VII.
AGREEMENT TO FUND
City will grant to Chamber $ 120, 700. 00 from the City' s occupancy tax receipts on the date of this contract, such funds to be transferred by the City to the Chamber on a quarterly basis.
ARTICLE VIII. .
MISCELLANEOUS
8. 01
Contractual Liability Disclaimer.
In no event shall the City be liable for any
contracts whatsoever made by the Chamber with any person, firm, corporation or
governmental body, other than those which may be made between the City and Chamber.
4
11
8. 02 General Lidbility Disclaimer. In no event shall the City be liable for any damages,
injuries, or losses charged to or adjudged against the Chamber arising from its operations, use or maintenance of facilities or funds.
8. 03
Termination.
If either party materially breaches this agreement, the other party
may terminate this contract upon thirty ( 3 0) days notice, which notice shall be deemed given as of the deposit date in an official depository of the U.S. Postal Service, postage prepaid, certified mail, in an envelope properly stamped and addressed, for the delivery to the City at Post Office Drawer 400, Ingleside, Texas 78362, or to Chamber at P. O. Box 6.86, Ingleside, Texas 78362.
8. 04
Severance.
If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this contract shall be held invalid or unconstitutional
by final
judgment of a Court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this contract, for it is the
definite intent of the parties hereto that every section, paragraph, subdivision, clause, phrase, word and.provision hereof be given full force and effect for its purpose.
EXECUTED effective the 1st day of October, 2016. CITY OF INGLESIDE,
A Texas Home Rule Municipality
By: _ Luis Lamas, Ma
INGLESIDE CHAMBER OF COMMERCE
A Texas Non-profit Corporation
Casanova, Board Chairman
