(A) Ninety-eight percent of the proceeds obtained from the collection of taxes pursuant to this program shall be used in accordance with M.S. § 469.190, as it may be amended from time to time, to fund a local convention/tourism bureau for the purpose of marketing, and promoting, the city as a tourist/convention center. The city may retain a maximum of 2% for administrative costs.
(B) The city by, and through, an agreement entitled “Agreement for the Establishment of a Convention and Visitors Bureau Between the City of St. James and the St. James Area Chamber of Commerce” (hereinafter the “agreement”) with the City Area Chamber of Commerce (hereinafter “Chamber of Commerce”) hereby permits the Chamber of Commerce to create the City Area Convention and Visitors Bureau (hereinafter “CVB”). The CVB will be funded by the tax set forth herein, and pursuant to M.S. § 469.190, as it may be amended from time to time. The agreement sets forth the purpose, and duties, of CVB, and provides for its internal structure. Pursuant to the terms of the agreement, and specifically incorporated herein without limiting the effect of the agreement, are the following terms that the CVB shall adhere to:
(1) Establish, and maintain, separate books and records;
(2) Establish separate bank accounts; and
(3) Not commingle its funds with the Chamber of Commerce, or any other entity.
(C) Any, and all, employees of the Chamber of Commerce, or the CVB, or any other persons, while engaged in the performance of any service required by the Chamber of Commerce, 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 on behalf of the employees, or other persons while so engaged, and any, and all, claims made by the third party as a consequence of any act, or omission, on the part of the Chamber, 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 connection therewith, the Chamber of Commerce hereby agrees to indemnify, save, and hold harmless, and defend the city and all its agents and employees thereof, from any and all claims, demands, actions, or causes of action of whatever nature, or character, arising out of, or by, reason of the execution, or the performances, of the services provided in accordance with this agreement, excepting therefrom City Manager duties, and city duties relating to the collection of taxes.
(D) The annual budget submitted by CVB to the Council for its approval shall be approved, or disapproved, in total.
(Prior Code, § 14.02)