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R-08-10-09-8E3 - 10/9/2008RESOLUTION NO. R -08-10-09-8E3 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 Sam Bass Theatre Association ("Agency"), 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 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 Resolution and the subject matter hereof were discussed, considered 0:\WDOX\RESOLUTI\R81009E3.DOC/rmc 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. ALAN MCGRAW, Mayor ATTEST: �-�� �( City of Round Rock, Texas SARA L. WHITE, City Secretary 2 CITY OF ROUND ROCK CONVENTION AND VISITORS BUREAU FUNDING AGREEMENT WITH SAM BASS THEATRE ASSOCIATION 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 Sam Bass Theatre Association (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 Five Thousand and No/100 Dollars ($5,000.00) 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: 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 Five Thousand and No/100 Dollars ($5,000.00) 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. 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, 00146055/ml EXHIBIT or employee of the Applicant, or to create any partnership, joint venture, or other association between the City or its designee and the Applicant. Altematively, 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. 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. 2 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: SAM BASS THEATRE ASSOCIATION 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 Attomey 3 DATE: October 1, 2008 SUBJECT: City Council Meeting — October 9, 2008 ITEM: 8E3. Consider a resolution authorizing the Mayor to execute a Convention and Visitors Bureau Funding Agreement with the Sam Bass Community Theatre. Department: Staff Person: Justification: Convention and Visitors Bureau Nancy Yawn, Director The Arts Committee considered an application for $5,000 funding, and recommends that the City Council fund this event $5,000. Funding: Cost: $5,000.00 Source of funds: Hotel Occupancy Tax Outside Resources: N/A Background Information: 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 SAM BASS THEATRE ASSOCIATION 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 Sam Bass Theatre Association (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 Five Thousand and No/100 Dollars ($5,000.00) 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: 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 Five Thousand and No/100 Dollars ($5,000.00) 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. 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, 12 -0S -1v -o9 -0U3 00146055/m1 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. 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. 2 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: SAM BASS THEATRE ASSOCIATION By: • Authorized ficer of Applicant,_ Printed Name: W. Sco+-ZC V A+z1• a>5 Title: 11-71Q,ZA-MG3Q.F Date Signed: 145. / i /ewes CITY OF ROUND ROCK, TEXAS By: •)(1-1 Alan McGraw, Mayor Date Signed: (i) - 9 -- O v ATTEST: Sara L. White, City Secretary 3