R-08-10-09-8E2 - 10/9/2008RESOLUTION NO. R -08-10-09-8E2
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 Round Rock El
Amistad Club ("Agency"), and
WHEREAS, the City Council hereby determines that the requested
funds will be used for advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates to
the area, and 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 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 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
0:\WDOX\RESOLUTI\R81009E2.DOC/rmc
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 9th day of October, 2008.
ATTEST:
SARA L. WHITE, City Secretary
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
FUNDING AGREEMENT WITH
ROUND ROCK EL AMISTAD CLUB
This City of Round Rock Convention and Visitors Bureau Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock (herein referred to as
the "City") and Round Rock EI Amistad Club (herein referred to as the "Applicant"). Pursuant
to the terms of this Agreement, and responsive to the Applicant's 2008-2009
Application/Request for Funding, the City hereby agrees to allocate the sum of Three Thousand
and No/100 Dollars ($3,000.00) to the Applicant to fulfill the statutorily -allowable purposes
outlined by the City and by the Applicant 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 § 351.101
et seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Applicant
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
Use of Funds. The Applicant agrees that the funds provided to it by the City will
be used solely for the following: for advertising and conducting solicitations
and promotional programs to attract tourists and convention delegates to the
municipality and 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.
1.2 Distribution of Funds. The City will pay the total sum of Three Thousand and
No/100 Dollars ($3,000.00) to the Applicant 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.
1.3 Return or Repayment of Funds. The Applicant expressly acknowledges and
agrees that it is legally responsible for returning, within sixty (60) calendar days
from date of the funded event/activity/facility expenditure, any funds not spent on
the approved event/activity/facility, and/or any funds spent but not supported by
proofs of payment establishing actual costs, and/or any funds spent but which do
not mirror items outlined in the Applicant's completed Application/Request for
Funding, and/or any funds not spent in accordance with the governing statutes.
00146286/m1
EXHIBIT
1.4 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 Applicant, or to create any partnership, joint venture, or other
association between the City or its designee and the Applicant. Alternatively,
nothing contained herein, either explicitly or implicitly, shall be deemed or
construed to make the Applicant the agent, servant, or employee of the City or its
designee, or to create any partnership, joint venture, or other association between
the Applicant and the City or its designee.
1.5 Principles and Controls. In administering the handling of contributed funds, the
City and the Applicant agree to the following:
a. The Applicant 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 Applicant shall operate lawfully under the laws of the state of Texas;
c. The Applicant shall notify the City or its designee of major programmatic
and/or administrative changes which could substantially affect the
Applicant's operation or use of the contributed funds;
d. The Applicant shall provide adequate liability insurance coverage for the
Applicant and the event/activity/facility expenditure, 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 Applicant and the
event/activity/facility;
e. The Applicant shall be responsible for generation of support for its
event/activity/facility and shall not rely in major part upon the City for
funding of its event/activity/facility; and
f. The Applicant shall allow the City or its designee to conduct any
inspections of the Applicant'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, 2008 and ends September 30, 2009.
2
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Applicant. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing in the appropriate form 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 Applicant.
Executed on the date below written by the following:
ROUND ROCK EL AMISTAD CLUB
By:
Authorized Officer of Applicant
Printed Name:
Title:
Date Signed:
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mayor
Date Signed:
ATTEST:
By:
Sara L. White, City Secretary
APPROVED AS TO FORM:
By:
Stephan L. Sheets, City Attorney
3
DATE: October 1, 2008
SUBJECT: City Council Meeting — October 9, 2008
ITEM: 8E2. Consider a resolution authorizing the Mayor to execute a Convention and
Visitors Bureau Funding Agreement with the Round Rock El Amistad Club.
Department:
Staff Person:
Justification:
Convention and Visitors Bureau
Nancy Yawn, Director
The Tourism Commission considered an application on May 8, 2008 for $10,000 funding, and
found that it met both prongs of the statutory test by (a) directly enhancing and promoting
tourism and the convention and hotel industry in Round Rock, and (b) being spent on a
statutorily -allowable purpose. The Tourism Commission recommends that the City Council
fund this event with $1,500. The Arts Committee considered an application for $5,000 funding
and recommends that the City Council fund the event $1,500.
Funding:
Cost: $3,000.00
Source of funds: Hotel Occupancy Tax
Outside Resources: N/A
Background Information:
A presentation of the Tourism Commission's recommendation was made to the Council at the
June 12, 2008 Council Meeting. A presentation of the Arts Committee's recommendation was
made to the Council at the September 25, 2008 Council Meeting.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
FUNDING AGREEMENT WITH
ROUND ROCK EL AMISTAD CLUB
This City of Round Rock Convention and Visitors Bureau Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock (herein referred to as
the "City") and Round Rock El Amistad Club (herein referred to as the "Applicant"). Pursuant
to the terms of this Agreement, and responsive to the Applicant's 2008-2009
Application/Request for Funding, the City hereby agrees to allocate the sum of Three Thousand
and No/100 Dollars ($3,000.00) to the Applicant to fulfill the statutorily -allowable purposes
outlined by the City and by the Applicant 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 § 351.101
et seq., as amended, for expenditure of revenue from the municipal hotel
occupancy tax. Revenue derived from this tax and allocated to this Applicant
shall be expended in a manner directly enhancing and promoting tourism and the
convention and hotel industry.
Use of Funds. The Applicant agrees that the funds provided to it by the City will
be used solely for the following: for advertising and conducting solicitations
and promotional programs to attract tourists and convention delegates to the
municipality and 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.
1.2 Distribution of Funds. The City will pay the total sum of Three Thousand and
No/100 Dollars ($3,000.00) to the Applicant 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.
1.3 Return or Repayment of Funds. The Applicant expressly acknowledges and
agrees that it is legally responsible for returning, within sixty (60) calendar days
from date of the funded event/activity/facility expenditure, any funds not spent on
the approved event/activity/facility, and/or any funds spent but not supported by
proofs of payment establishing actual costs, and/or any funds spent but which do
not mirror items outlined in the Applicant's completed Application/Request for
Funding, and/or any funds not spent in accordance with the governing statutes.
1L-vV,. -to -09-062-
00146286/m1
1.4 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 Applicant, or to create any partnership, joint venture, or other
association between the City or its designee and the Applicant. Alternatively,
nothing contained herein, either explicitly or implicitly, shall be deemed or
construed to make the Applicant the agent, servant, or employee of the City or its
designee, or to create any partnership, joint venture, or other association between
the Applicant and the City or its designee.
1.5 Principles and Controls. In administering the handling of contributed funds, the
City and the Applicant agree to the following:
a. The Applicant 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;
1.7
b. The Applicant shall operate lawfully under the laws of the state of Texas;
c. The Applicant shall notify the City or its designee of major programmatic
and/or administrative changes which could substantially affect the
Applicant's operation or use of the contributed funds;
d. The Applicant shall provide adequate liability insurance coverage for the
Applicant and the event/activity/facility expenditure, 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 Applicant and the
event/activity/facility;
e. The Applicant shall be responsible for generation of support for its
event/activity/facility and shall not rely in major part upon the City for
funding of its event/activity/facility; and
f. The Applicant shall allow the City or its designee to conduct any
inspections of the Applicant's premises, operations, and financial records
that the City deems necessary.
Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2008 and ends September 30, 2009.
2
1.8 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Applicant. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing in the appropriate form 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 Applicant.
Executed on the date below written by the following:
ROUND ROCK EL AMISTAD CLUB
By: c.
Authorized Officer oi� p lict
Printed Naie: G�r 571e ( •
Title:
Date Signed: / t_77, 12 oc' S�
CITY OF ROUND ROCK, TEXAS
By:
Y)e)
Alan McGraw, Mayor
Date Signed: (a —WO
j
ATTEST:
By:
Sara L. White, City Secretary
3