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1839 RES CITY COUNCIL IN RES NO 1737 AUTHORIZED CONTRACTING WITH CHAMBER OF COMMERCERESOLUTION N0. ~83~ , WHEREAS, the City Council of the City of Paris did heretofore in Resolution N~, 1737 authorize the contracting with the Chamber of Commerce of Lamar County to use hotel occupancy tax funds for promoting and advertising the City of Paris, which contract expires on the 31st day of December, 1977; and, WHEREAS, the City Council is desirous of renewing the con- tractual arrangement with the C:hamber of Commerce of Lamar County, for a term of two (2) years, beginning January l, 1978 and ending December 31, 1979; and, WHEREAS, the Mayor of the City of Paris, James M. Brunette, does hereby recommend for appointment for the Councilman position of said Committee, George risher, Jr. , to serve through December 31, 1979; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized to execute on behalf of the City of Paris, a contract with the Chamber of Commerce of Lamar County, upon the terms and conditions and in the form attached hereto as E~ibit A. BE IT FUKTHER RESOLVED, That a committee, be, and the same is hereby appointed, consisting of the Mayor of the City of Paris, the City Manager or Acting City Manager of the City of Paris, and Councilman George Fisher, Jr. , to serve as the committee to review and approve the proposed program of work of the Chamber under said contract. Passed and adopted this 12th day of December, 1.977. ~ es M. Brun , ayor ATTEST: ~ 1 , ^ ~,a. . , ,~..~.~d. H. C. Gr~ene, City Clerk APP OVED 0 FORM; T. K. Haynes, City ttorney CONTRA CT STATE OF TEXAS 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMA R ~ That the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, duly authorized, hereinafter called City, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, a corporation, acting by and through its President, duly authorized, here- inafter called Chamber, in consideration of the mutual covenants, agree- ments, stipulations and payments, hereby contract and agree as follows: 1. That Chamber agrees to maintain a visitors and convention council for the purpose of promoting and advertising the City of Paris in developing an annual program of work. 2. That Chamber shall submit for approval a proposed annual program of work to a committee composed of the Mayor of the City of Paris, one City Councilman and the City Manager each year on or before 1 December, which program of work shall include proposed expenditures of funds provided under this contract, and shall submit for approval to said comrnittee any proposed amendment to said program of work a mininum of thirty (30) days before the proposed effective date of such amendment. 3. That the Chamber's established visitors and convention council shall meet at least quarterly and within thirty (30) days after the end of each quarter, shall submit minutes of the visitors and convention council meeting and a financial report to the City Manager of the City of Paris. 4. That Chamber shall be considered an independent contractor for the purpose of this contract and shall in no manner incur expenses or liability on behalf of City. EXHIBIT A S. That Chamber agrees to hold City= harmless from any and all claims by third parties for injuries, damages or liability tnat might occur as a result of actions by Chamber in connection with this contract. 6. That Chamber shall receive and deposit alI funds provided herein in a separate banking account in such a mamier as to preclude co-mingling of these funds with other funds of said Chamber. 7. That in order to provide funds necessary to carry out the promotion and advertising of the City of Paris, Chamber shall be paid from money collected by the City under Article III of Chapter 28, Code of Ordinances of City of Paris, pursuant to the approved program of work. The City shall retain 5°/-0 of quarterly collections under Article III of Chapter 28, Code of Ordinances of City of Paris, to cover the costs of collection of said tax, provided however, that the amount for collection of said tax may be changed by the City Council upon a showfng that the actual cost of said collection is more than 5°/-0. City shall pay over tax funds collected to Chamber within ten (10) days after the collection thereof as provided in Section 28-14 of the Code of Ordinances of the City of Paris. 8. That money paid to Chamber as a result of this contract shall be used only for the purposes enumerated in Section 28-12 of the Code of Ordinances of the City of Paris. Chamber agrees to furnish an audit to City showing the manner and amount of expenditure of these funds within a reasonable period of time after the close of the Chamber's fiscal year. 9. That Chamber will at the same time of presentation of the above described audit provide a report of its activities with regard to the use of the funds herein pr. ovided for, in order that City may evaluate the results of the promotion and advertising campaign so conducted. 10. That Chamber may secure and pay for, out of funds herein provided, the services of individuals or corporations to promote anci advertise the City of Paris. 11. That the term of this contract shall be for a term of two (2) years, beginning January l, 1978 and ending December 31, 1979. Executed on the dates shown in the acknowledgements below. CITY OT PARIS By: James M. Brunette, Mayor ATTEST: H. C. Greene, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER Or COMMERCE OF LA MA R COUNTY By: Felix Gibson, President A TTEST: Secretary APPROVED AS TO FORM: J. D. McLaughlin, Attorney STATE OF TEXAS 0 COUNTY OT LAMAR 0 BEFORE ME, the tmdersigned authority, on this day personally appeared JAMES M. BRUNETTE, Mayor of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he exectzted the same for the pur- poses and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December, 1977. Notary Public, Lamar County, Texas STATE OF TEXAS 0 COUNTY OF LAMAR 0 BEFORE ME, the undersigned authority, on this day personally appeared FELIX GIBSON, President of the Chamber of Commerce of Lamar County, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY I1AND AND SEAL OF OFFICE, this day of December, 1977. Notary Public, Lamar County, Texas