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HomeMy WebLinkAbout2022-135 CCRMember Butler introduced the following resolution and moved its adoption: RESOLUTION N0.2022-135 RESOLUTION RESCINDING NOTICE OF WITHDRAWAL MEMBERSHIP IN THE MiNNEAPOLIS NORTHWEST TOURISM BUREAU WHEREAS, the city of Brooklyn Center ("City") has been a member of the North Metro Convention and Tourism Bureau d/b/a Minneapolis Northwest Tourism Board ("MNTB") since 1986; and WHEREAS, in May 2021, the city of Maple Grove declared its intent to withdraw fiom the MNTB leaving the City and the city of Brooklyn Park as the only two remaining members of MNTB; and WHEREAS, in June 2021, the City and Brooklyn Park each provided notice to MNTB of the City's intent to withdraw its membership fiom MNTB effective December 31, 20229 and WHEREAS, in July 2022, the City and Brooklyn Park passed resolutions signifying their willingness to consider remaining members of MNTB if certain conditions were met by December 1, 2022, as described in Exhibit A; and WHEREAS, the City and Brooklyn Park worked with MNTB to make substantial progress on the listed items, and the City has determined that given the progress made to this point, it would like to continue malting improvements to the relationship between the City, Brooklyn Park, and MNTB; and WHEREAS, the City desires to rescind the notice of withdrawal send to MNTB in June of 2021, contingent upon the City of Brooklyn Park sending the same rescission and that the recission be accompionied by an amnedment to the Convention and Visitors Bureau Agreement that is contained in Exhibit B. 1. Term. This Agreement will terminate on April 1, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City desires to remain a member of MNTB, contingent on the city of Brooklyn Park also remaining a member of MNTB and issuing a recission of its notice of withdrawal sent in June 2021. 2. The City remaining a member of MNTB is contingent on the execution of the amendmnet to the Convention and Visitors Bureau Agreement contained in Exhibit B. DOCSOPEN\BR291 \4\842856.v 1-12/2/22 3. The City hereby directs staff to issue a recission of the notice of withdrawal issued in June 2021 which provides that the recission is effective once MNTB has received a recission from both the City and the city of Brooklyn Park and the amendment in the attached Exhibit B has been executed by MNTB, Brooklyn Park, and the City. 4. The appropriate City officials are authorized to execute all appropriate documents on behalf of the City to facilitate withdrawal from MNTB and to take all steps and actions necessary or convenient to accomplish the intent of this Resolution. December 12, 2022 Date ATTEST: City Cleric - _ Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence -Anderson and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves. Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. DOCSOPEN\BR291 \4\842856.v 1-12/2/22 Exhibit A Metnbor Graves untroducecl the following resolution and moved its adoption: RESOLUTION NO, 2022-89 RESOLUTION AUTIIORIZiNG STArF TO COORDINATE WITIi TIIE CITY OI' BROOKL,YN PARK AND TIIE MINNEAPOLIS TOURISM BUREAU TO CONSIDER MAINTAINING MEMBERSFHP IN THE MINNEAPOLIS NORTHWEST TOURISM BURRAIJ WIIEREAS, llie city or Brooklyn Center ("City") has been a member of the North Metro Convention and Tourism Bureau d/b/a Minneapolis Northwest Tourism Board ("MNTB") since 1986; and WHEREAS, in May 2021, the city of Maple Grove declared its intent to withdraw from the MNTB, leaving the City and the city of Brooklyn Park ("Brooklyn Park") as the only two remaining members of MNTB; and WHEREAS, in.June 2021, the City provided notice to MNTB of the City's intent to witli(iraw its membership from MNTB effective December 31, 2022; and WHEREAS, in June 2021, Brooklyn Park also provided notice of its intent to withdraw its membership in MNTB effective December 31, 2022; and WHEREAS, the City has been in communication with Brooklyn Park. about continuing its partnership through the MNTI3 and has determined that it is in the best interests of the City to remain a member of MNTB with Brooklyn Park so long as certain changes are made to the structure and organization of MNTB, NOW, 'I'HEREIiORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1, The City hereby agrees to consider rescinding its notice of. withdrawal dated June 30, 2021, in conjunetionn with Brooklyn Park which is considering a similar resolution, if the following actions are taken by the MNTB Board of Directors by December 1, 2022: a. The MNTB Bylaws must be updated to include a new board structure with additional board seats for city officials, b, Article VII of the MNTB Bylaws must be updated to refer to the full-time executive employee as the CEO, c. Establish a new job description for the CEO position and beghi the search for the CEO position, d. Approve a 2023 Work Plan with agreed upon metrics and action steps, including re -branding of MNTB to better reflect its cuncnt membership and calling Far an election in Januat'y 2023 to elect board of directors in accordance with the newly approved bylaws, L70CSOPEN1Bli2911418119Q8,v1-7/2tt22 DOCSOPEN\B}3291 \4\842856.v 1-12/2/22 1ZESQLUTION N0.2022-89 2. The City shall make a determination at its first December meeting whether to rescind the notice of withdrawal based on MNTB's progress in addressing the steps in Section 1. ' 3. Nothing in this Resolution shall be construed to be a commitment by the City to rescind its notice of withdrawal nor a commitment to otherwise maintain its membership irl MNTB. August 22, 2022 Date MEST: : �r�,�`I ;L (/t t City Clerk The motion for the adoption of the foregoing resolution was duly seco�xded by meanber Ryan and upon vote being taken thereon, the following voted in favor thereof. Butler, Graves, Lawrence4nderson, Ryan and the following voted against the same; None whereupon said resolution was declared duly passed and adopted. DOCSOPEN\BR291\4\842856, v 1-12/2/22 Exhibit B DOCSOPEN\Bit291 \4\842856.v1-12/2/22 AMENDMENT TO CONVENTION AND VISITORS BUREAU AGREEMENT THIS AMENDMENT TO THE CONVENTION AND VISITORS BUREAU AGREEMENT (this "Amendment") is entered into as of December _, 2022, by and between the city of Brooklyn Center, a public body corporate and politic under the laws of the State of Minnesota ("City"), and the North Metro Convention and Tourism Board d/b/a Northwest Minneapolis Tourism Bureau., a Minnesota nonprofit corporation ("Bureau"), WHEREAS, the City and Bureau entered into a Convention and Visitors Bureau Agreement ("Agreement"), which is included as Exhibit A, under which the City provided lodging tax revenue to the Bureau for the Bureau to provide services promoting the City as a tourist and convention center; WHEREAS, in accordance with the Agreement, the City provided notice of withdrawal in June 2021, which will be effective on December 31,2022, unless the City rescinds the notice A withdrawal; WHEREAS, the City passed a resolution on December 12, 2022 indicating it will rescind its notice to withdraw if a number of conditions are met, including that this Amendment is A xecuted; WHEREAS, the City and Bureau desire to enter into this Amendment so that the City and Bureau have an additional two months to make mutually beneficial amendments to the Agreement or draft a full replacement of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Bureau hereby agree as follows: 1. Section 1 is deleted in its entirety and replaced with the following: 1. TERM. The term of this agreement shall begin on August 1, 1986, and continue until April 1, 2023 unless terminated sooner by mutual agreement of the parties. 2. Except as specifically noted in this Amendment, the terms and conditions of the Agreement, shall remain in full force and effect. In the case of any inconsistency between the terms of the Agreement and this Amendment, the terms of this Amendment shall control. 3. This Amendment maybe executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, each of the parties has executed this Amendment by its duly authorized officer as of the day and year first written above. 1 BR291\4\843153.v1 (CITY) Bv: Name: Mike Elliott Title: Mayor By: Name: Dr. Reggie Edwards Title: City Manager NORTH METRO CONVENTION AND VISITORS BUREAU D/B/A NORTHWEST MINNEAPOLIS TOURISM BUREAU (BUREAU) By: _ Name. Title: Executive Director 2 BR291\4\843153.v1 Exhibit A BR291\4\843153.v1 THIS AGREEMENT made between the City OF Brooklyn center , MINNESOTA, a municipal corporation, (hereinafter referred to as the y") and the NORTH METRO CONVENTION AND TOURISM BUREAU, a nonprofit corporation (hereinafter referred to as the "Bureau") WHEREAS, the City has imposed a tax on lodging to fund a convention and visitors bureau. WHEREAS, the Bureau has the staff, facility, and experi- ence to carry out the objectives of promoting the City as a tourist and convention center. NOW, THEREFORE, the parties agree as follows: 1. TERM. The term of this Agreement shall begin on August 1, 1986 and shall terminate on December 31, 1987, unless both parties have agreed t O its renewal in writing on or before December 1, 1987. 2. SERVICES RENDERED BY BUREAU. The Bureau shall fur- nish the following services: {a) Informational services in answering inquiries about the City via mail, telephone, and personal contacts. (b) Provide planning, coordinating and registration assistance to organizations and businesses. {c) Supply support material, including but not ited to name badges, city maps, typewriters, accom- modations list, and information in general. Cd) Prepare and present audio visual presentations -1- to groups to attract visitors to the City. Ce) Distribute brochures, maps and guides of the City to potential visitors and meeting planners. Cf) Provide representation at trade shows, conven- tions, and exhibits to attract new visitors to the City. (g) Promote the City as a convention center for Minnesota by regional and state-wide advertising of the City's hospitality industry and attractions. 3. CHARGES. All services provided pursuant to para- graph 2 of this Agreement shall be without charge to the person or organization utilizing such services. 4. BUDGET. The Bureau shall- submit its annual budget for review by the City Council on or before the 1st day of October of the year preceding the effective date of the budget. Such budget shall detail with specificity the uses to which monies received shall be spent to provide the ser- vices described in paragraph 2 of this Agreement. In any year in which this Agreement is being renewed, such renewal shall not occur until this budget review process has been completed. For the initial term of this Agreement, the Agreement shall not take effect until the budget review pro- cess has been completed for the time period of August 1, 1986 thiough December 31, 1987. It is understood between the parties that the actual revenues being generated under paragraph 5 may vary from the amounts anticipated in the budget. For this reason it is -2- agreed that the budget may be modified without prior consent of the City Council, providing that any adjustments shall not be greater than ten percent of the amount indicated for that item as its appears in the budget. Notwithstanding any other language to the contrary the Bureau shall not expend any sums beyond its revenues. 5. FUNDING. On the 15th day of each month, the City shall remit to the Chamber, for funding of the Bureau, 950 of the lodging tax payments received by the City, less refundR, in the preceeding calendar month during the term of this Agreement. 6. VERIFICATION OF EXPENDITURES. The Bureau will pro- vide the City a copy of the Bureau' s monthly financial sta- tements, showing monthly, year-to-date and budget figures, properly itemized ana verified by the director of the Bureau. The Finance Officer of the City shall have t e right of access to the books and records of the Bureau at any time during normal business hours to audit any item of revenue or expenditure. 7. HOLD HARMLESS. Any and all employees of the Bureau or any other persons, while engaged in the performance of any service required by the Bureau under this Agreement, shall not be considered employees of the City, and any and all claims that may or might arise under the Workers Compensation Act of the State of Minnesota on behalf of said employees or other persons while so engaged, and any and all claims made by the third party as a consequence of any act -3- X or omission on the part of the Bureau, or its agents or employees or other persons while so engaged in any _of the services provided to be rendered herein, shall in no way be the obligation or the responsibility of the City. In con- nection therewith, the Bureau hereby agrees to indemnify, save and hold harmless, and defend the City and all of their officers, agents and employees from any and all claims, demands, actions or causes of actions of whatever nature or character arising out of or by reason of the execution or the performance of the services provided for in this Agreement. 8. MULTIPLE CITY PARTICIPATION. It is contemplated that the Bureau in addition to providing services to the City of Brooklyn•center will also provide the services 9escribed in paragraph 2 of this Agreement to the Cities of Brooklyn Park and Fridley and that all Cities may be jointly promoted as a unitary convention and visitors bureau. Therefore, it is specifl- cally authorized that funding for such joint promotion will be financed pursuant to this Agreement. 9. DISCRIMINATION. The Bureau, in providing services hereunder shall comply with the provisions of Minnesota Statutes Section 181.59 as the same may be amended from time to time. Minnesota Statutes Section 181.59 is incorporated in this Agreement as though set forth in its entirety and the Bureau shall not discriminate against any person or firm in any of its activities hereunder on the basis of race, -4- creed or color U. INSURANCE. The Bureau shall carry insurance to cover its employees and agents while performing services pursuant to this Agreement. Such insurance shall provide comprehensive general liability and property damage coverage to the Bureau and its employees and agents in such amounts as will equal the applicable limits of liability to which the City may be held pursuant to State Statute as the same may be amended from time to time. The Bureau shall also carry worker's compensation as required by Minne3ota Statutes Secti n 116.181 and provide the City with proof of compliance with Section 176.182 before commencing to provide services hereunder. 11. LAWS. The Bureau will comply with all applicable federal, state and local laws in f - rformanci of iti obligations hereunder. 12. ADVERTISEMENT. All brochures, listings •or adver- tisements of specifi lodging facilities shall include men- tion of all facilities paying the lodging tax imposed by the City. 13. INTEGRATION. This document is fully integrated, embodying the entire Agreement between the parties. -5- IN WITNESS WHEREOF the parties have executed this Agreement on the dates below given. CITY OF Brooklyn Center // BY; ..;!i SATED3Y NORTH METRO CONVENTION AND TOURISM BUREAU Its------------------- -6-