R-04-12-02-9F3 - 12/2/2004 RESOLUTION NO. R-04-12-02-9F3
WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax
in accordance with V.T.C.A. , Tax Code §351. 002, and
WHEREAS, the City evaluates funding requests from local agencies
to help fund community events which will directly enhance and promote
tourism and the convention and local hotel industry, and
WHEREAS, in accordance with V.T.C.A. , Tax Code §351 . 101, the City
has received a request for event funding from the Round Rock Community
Choir ("Agency" ) for the 2004-2005 Concert Series, and
WHEREAS, the City Council hereby determines that the requested
funds will be used for the encouragement, promotion, improvement, and
application of the arts, relating to the presentation, performance,
execution and exhibition of major art forms, and
WHEREAS, the City Council desires to enter into a Convention and
Visitors Bureau Event Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Convention and Visitors Bureau Event Funding
Agreement with the Agency, a copy of said agreement being attached
hereto as Exhibit "A" and incorporated herein for all purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
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upon, all as .required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 2nd day of December, 2004 .
NYL E L, ayor
Ci Round Rock, Texas
AT T:
CHRISTINE R. MARTINEZ, Ci"Secret
2
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
EVENT FUNDING AGREEMENT WITH
ROUND ROCK COMMUNITY CHOIR FOR
2004-2005 CONCERT SERIES
This City of Round Rock Convention and Visitors Bureau Event Funding Agreement
(herein referred to as the "Agreement") is by and between the City of Round Rock (herein
referred to as the "City") and the Round Rock Community Choir (herein referred to as the
"Event Agency"). Pursuant to the terms of this Agreement, and responsive to the Event
Agency's 2004-2005 Application for Event Funding, the City hereby agrees to allocate the sum
of Ten Thousand and No/100 Dollars ($10,000.00) to the Event Agency to fulfill the
statutorily-allowable purposes outlined by the City and by the Event Agency herein.
1.1
Purpose. The City has in good faith determined that funding under this
Agreement meets the purpose and requirements of V.T.C.A., Tax Code § 35 1.101
et. seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Event Agency
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
1.2 Use of Funds. The Event Agency agrees that the funds provided to it by the City
will be used solely for the following: the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal
music, dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of these major
art forms, and specifically shall be expended on the following:
Allowable production costs, facility costs, and publicity costs.
1.3 Distribution of Funds. The City will pay the total sum of Ten Thousand and
No/100 Dollars ($10,000.00) to the Event Agency on or after the date that the
City is in receipt of all necessary documentation, and the funds have been
approved by the City for disbursement.
1.4 Return or Repayment of Funds The Event Agency expressly acknowledges and
agrees that it is legally responsible for returning within sixty (60) calendar days
from date of the event any funds not spent on the approved function, any funds
spent but not supported by proofs of payment establishing actual costs, any funds
spent but which do not mirror items outlined in the Event Agency's completed
funding request, and/or any funds not spent in accordance with the governing
statutes.
000738491kg
EEXHIBIT
"An
1.5 Relationship of Parties Nothing contained herein, either explicitly or implicitly,
shall be deemed or construed to make the City or its designee the agent, servant,
or employee of the Event Agency, or to create any partnership, joint venture, or
other association between the City or its designee and the Event Agency.
Alternatively, nothing contained herein, either explicitly or implicitly, shall be
deemed or construed to make the Event Agency the agent, servant, or employee
of the City or its designee, or to create any partnership, joint venture, or other
association between the Event Agency and the City or its designee.
1.6 Principles and Controls. In administering the handling of contributed funds, the
City and the Event Agency agree to the following:
a. The Event Agency shall ensure that any contributed funds are spent to
directly enhance and promote tourism and the convention and hotel
industry in this area, and shall ensure that any contributed funds are spent
in compliance with guidelines and/or restrictions placed either upon the
funds or upon reporting of the funds by the City or the Round Rock
Convention and Visitors Bureau;
b. The Event Agency shall operate lawfully under the laws of the state of
Texas;
C. The Event Agency shall notify the City or its designee of major
programmatic and/or administrative changes which could substantially
affect the Event Agency's operation or use of the contributed funds;
d. The Event Agency shall provide adequate liability insurance coverage for
the Event Agency and the event, and does hereby indemnify the City and
its employees, designees, and agents from any and all liability for any
damage or injury caused to any employee, client,patron, agency, visitor or
guest of the Event Agency and the event;
e. The Event Agency shall be responsible for generation of support for its
programs and shall not rely solely upon the City for funding of its
programs; and
f. The Event Agency shall allow the City or its designee to conduct any
inspections of the Event Agency's premises, operations, and financial
records that the City deems necessary.
1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2004 and ends September 30, 2005.
2
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Event Agency. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing with the consent of both parties.
1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in
any part without the express written consent of both the City and the Event
Agency.
Executed on the date below-written by the following:
By:
Event Agency Officer
Printed Naqie: 1,1A46 oldlw
Title: [)►Yer
Date Signed: /D -11—o4f
CITY OF ROUND ROCK, TEXAS
By:
Nyle Maxwell, Mayor
Date Signed:
ATTEST:
By:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
3
DATE: November 23, 2004
SUBJECT: City Council Meeting - December 2, 2004
ITEM: 9.F.3. Consider a resolution authorizing the Mayor to execute a
Convention and Visitors Bureau Event Funding Agreement
with Round Rock Community Choir for 2004-2005 Concert
Series.
Department: Administration
Staff Person: Nancy Yawn, Convention and Visitors Bureau Director
Justification:
Funds were approved in the Hotel Occupancy Tax Budget for this event. The Event
Funding Agreement has been approved and signed by the Event Agency Officer.
Funding:
Cost: $10,000
Source of funds: Hotel Occupancy Tax
Outside Resources: N/A
Background Information:
Staff made a presentation to the Council on September 9, 2004 on the Tourism
Commission recommendation for event funding. The Tourism Commission reviewed
the event sponsor applications on July 22, 2004.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
EVENT FUNDING AGREEMENT WITH
ROUND ROCK COMMUNITY CHOIR FOR
2004-2005 CONCERT SERIES
This City of Round Rock Convention and Visitors Bureau Event Funding Agreement
(herein referred to as the "Agreement") is by and between the City of Round Rock (herein
referred to as the "City") and the Round Rock Community Choir (herein referred to as the
"Event Agency"). Pursuant to the terms of this Agreement, and responsive to the Event
Agency's 2004-2005 Application for Event Funding, the City hereby agrees to allocate the sum
of Ten Thousand and No/100 Dollars ($10,000.00) to the Event Agency to fulfill the
statutorily-allowable purposes outlined by the City and by the Event Agency herein.
1.1 Purpose, The City has in good faith determined that funding under this
Agreement meets the purpose and requirements of V.T.C.A., Tax Code § 35 1.101
et. seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Event Agency
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
1.2 Use of Funds. The Event Agency agrees that the funds provided to it by the City
will be used solely for the following: the encouragement, promotion,
improvement, and application of the arts, including instrumental and vocal
music, dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft arts, motion
pictures, radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of these major
art forms, and specifically shall be expended on the following:
Allowable production costs, facility costs, and publicity costs.
1.3 Distribution of Funds. The City will pay the total sum of Ten Thousand and
No/100 Dollars ($10,000.00) to the Event Agency on or after the date that the
City is in receipt of all necessary documentation, and the funds have been
approved by the City for disbursement.
1.4 Return or Repayment of Funds. The Event Agency expressly acknowledges and
agrees that it is legally responsible for returning within sixty (60) calendar days
from date of the event any funds not spent on the approved function, any funds
spent but not supported by proofs of payment establishing actual costs, any funds
spent but which do not mirror items outlined in the Event Agency's completed
funding request, and/or any funds not spent in accordance with the governing
statutes.
00073849/jkg
1.5 Relationship of Parties. Nothing contained herein, either explicitly or implicitly,
shall be deemed or construed to make the City or its designee the agent, servant,
or employee of the Event Agency, or to create any partnership, joint venture, or
other association between the City or its designee and the Event Agency.
Alternatively, nothing contained herein, either explicitly or implicitly, shall be
deemed or construed to make the Event Agency the agent, servant, or employee
of the City or its designee, or to create any partnership, joint venture, or other
association between the Event Agency and the City or its designee.
1.6 Principles and Controls. In administering the handling of contributed funds, the
City and the Event Agency agree to the following:
a. The Event Agency shall ensure that any contributed funds are spent to
directly enhance and promote tourism and the convention and hotel
industry in this area, and shall ensure that any contributed funds are spent
in compliance with guidelines and/or restrictions placed either upon the
funds or upon reporting of the funds by the City or the Round Rock
Convention and Visitors Bureau;
b. The Event Agency shall operate lawfully under the laws of the state of
Texas;
C. The Event Agency shall notify the City or its designee of major
programmatic and/or administrative changes which could substantially
affect the Event Agency's operation or use of the contributed funds;
d. The Event Agency shall provide adequate liability insurance coverage for
the Event Agency and the event, and does hereby indemnify the City and
its employees, designees, and agents from any and all liability for any
damage or injury caused to any employee, client, patron, agency, visitor or
guest of the Event Agency and the event;
e. The Event Agency shall be responsible for generation of support for its
programs and shall not rely solely upon the City for funding of its
programs; and
f. The Event Agency shall allow the City or its designee to conduct any
inspections of the Event Agency's premises, operations, and financial
records that the City deems necessary.
1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2004 and ends September 30, 2005.
2
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Event Agency. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing with the consent of both parties.
1.9 Assignability. This Agreement cannot be assigned or transferred in whole or in
any part without the express written consent of both the City and the Event
Agency.
Executed on the date below-written by the following:
By:
Event Agency Officer
Printed Name: 41r)4& &a;45, _
Title: ,f�i r r
Date Signed:
CITY OF ROUND ROCK, TEXAS
By:
axwe , Mayor
Date Signed:
ATTEST:
By: obl�b
Christine R. Martinez, City Secretary
APPROVED S TO FORM:
By: Z.'jLw
Step n L. Sheets, City Attorney
3