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R-11-04-28-12B3 - 4/28/2011RESOLUTION NO. R -11-04-28-12B3 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 Symphony Orchestra ("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, 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 WHEREAS, the City Council desires to enter into a Hotel Occupancy Tax (HOT) 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 Hotel Occupancy Tax (HOT) 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 upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. O:\wdox\SCCInts\0112\ 1104\MUNICIPAL\00219894. DOGrmc RESOLVED this 28th day of April, 2011. ATTEST: SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas CITY OF ROUND ROCK HOTEL OCCUPANCY TAX (HOT) FUNDING AGREEMENT WITH ROUND ROCK SYMPHONY ORCHESTRA [• EXHIBIT „A„ • This City of Round Rock Hotel Occupancy Tax (HOT) Funding Agreement (herein referred to as the "Agreement") is by and between the City of Round Rock, Texas (herein referred to as the "City") and Round Rock Symphony Orchestra (herein referred to as the "Applicant"). Pursuant to the terms of this Agreement, and responsive to the Applicant's 2010- 2011 Application/Request for Funding, the City hereby agrees to allocate the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) 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 One Thousand Five Hundred and No/100 Dollars ($1,500.00) 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, 2I 8727/jkg 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; 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, 2010 and ends September 30, 2011. 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: ROUND ROCK SYMPHONY ORCHESTRA By: Authorized Officer of Applicant Printed Name: Title: Date Signed: CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 3 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY: Council Agenda Summary Sheet Agenda Item No. 1283 Consider a resolution authorizing the Mayor to execute a Hotel Occupancy Tax (HOT) Agenda Caption: Funding Agreement with the Round Rock Symphony Orchestra. Meeting Date: April 28, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: At the Council's direction, a City committee composed of two Council members and staff reviewed the application process for funding the arts out of a portion of the Hotel Occupancy Tax budget. The committee also reviewed this year's applications for funding and recommends the Council approve a funding agreement for the following program: Round Rock Symphony Orchestra in the amount of $1,500.00 for conducting a workshop. Strategic Plan Relevance: "Recreation, Arts and Culture" is one of seven strategic initiatives in the City's Strategic Plan with the desired result being a range of arts and cultural opportunities available to residents and visitors. Cost: $1,500.00 Source of Funds: Hotel Occupancy Tax revenue (already budgeted) Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK HOTEL OCCUPANCY TAX (HOT) FUNDING AGREEMENT WITH ROUND ROCK SYMPHONY ORCHESTRA This City of Round Rock Hotel Occupancy Tax (HOT) Funding Agreement (herein referred to as the "Agreement") is by and between the City of Round Rock, Texas (herein referred to as the "City") and Round Rock Symphony Orchestra (herein referred to as the "Applicant"). Pursuant to the terms of this Agreement, and responsive to the Applicant's 2010- 2011 Application/Request for Funding, the City hereby agrees to allocate the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) 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 One Thousand Five Hundred and No/100 Dollars ($1,500.00) 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, 218727/jkg 12--11.04 12s& 2 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; 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 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, 2010 and ends September 30, 2011. 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: ROUND ROCK SYMPHONY ORCHESTRA By: Authorized • ffi -r of A lieQnt pp Printed Name: M /d 1-2 Title: Date Signe CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: FOR CITY, ATTEST: By: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: 4 By:►'-_'� , N .�- Stephai L. Sheets, City Attorney 3