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R-12-05-10-G1 - 5/10/2012 i I i 3 RESOLUTION NO. R-12-05-10-G1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform r governmental functions and services, and s WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the City of Grand Prairie, Texas for a holiday light show consisting of an entire lighted park of holiday commercial-quality lighted outdoor drive-through/walk-through displays with associated features, Now Therefore t z BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, { i That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal t F } Agreement with the City of Grand Prairie, Texas for Provision of a Holiday Lighted Outdoor Drive- Through Display, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. i The City Council hereby finds and declares that written notice of the date, hour, place and 1 4 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 s 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 10th day of May, 2012. K M { ALAN MCGRAW, Mayor I City of Round Rock, Texas ' ATTEST: 1�V lam• SARA L. WHITE, City Clerk 0\wdox\SCCIntsV0112\1204\MU ICIPA A00249003.DOC/rmc E i i EXHIBIT aArr INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE CITY OF GRAND PRAIRIE,TEXAS FOR PROVISION OF A HOLIDAY LIGHTED I OUTDOOR DRIVE-THROUGH DISPLAY On the day of the month of April, 2012,this Interlocal Agreement(hereinafter referred to as the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as "Round Rock"), a home-rule municipal corporation and political subdivision of the State of Texas located in Travis and Williamson Counties, and the CITY OF GRAND PRAIRIE, TEXAS (hereinafter referred to as "Grand Prairie"), a home-rule municipal corporation and political subdivision of the State of Texas located in Dallas, Tarrant and Ellis Counties. Round Rock and Grand Prairie are hereinafter f referred to as a"Party"and/or as the"Parties." WITNESSETH: ' WHEREAS, the Texas Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791, Section 791.011(a) and Section 791.011(c)(2), provides that local governments may contract with other local governments to perform governmental functions and services that each party to the contract is authorized to perform individually; and r WHEREAS, Grand Prairie currently and for several years previously has developed, managed and operated a holiday commercial-quality lighted outdoor drive-through/walk- through display show with associated features, and has done so in cooperation with various subcontractors; and WHEREAS, Round Rock desires to contract with Grand Prairie for provision of such holiday lighted outdoor drive-through/walk-through display show within the city limits and/or extraterritorial jurisdiction of Round Rock, together with the benefits of Grand Prairie's related expertise and existing subcontracts; and WHEREAS, the Parties hereby make a determination that entering into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: SECTION 1 AUTHORITY This Agreement is entered into pursuant to the authority contained in the Texas Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791. The provisions of r Chapter 791 of the Government Code are incorporated into this Agreement, and this s, Agreement shall be interpreted in accordance with the Act. SECTION 2 PURPOSE The general purpose of this Agreement is for Grand Prairie to provide Round Rock with a holiday light show consisting of an entire lighted park of holiday commercial-quality lighted outdoor drive-through/walk-through displays with associated features (as delineated 1 1 in Exhibit "A" attached hereto and incorporated herein by reference for all purposes), together with such associated goods and services as fabrication of custom displays at wholesale cost; delivery and removal of displays; set-up; take-down; provision of trained personnel to assist in installation of lights and displays; provision of trained personnel to maintain and repair lighting and display-related issues during the run of the holiday light show; pre-show provision of consulting expertise on power requirements/set-up/related issues; and pre-show provision of experience-derived expertise, recommendations, management, and a marketing plan for the holiday light show; and for Round Rock to compensate Grand Prairie for same through revenue-sharing of fifty percent (50%) of all drive-through and walk-through fees received from operation of the holiday light show. SECTION 3 EFFECTIVE DATE This Agreement shall be deemed to be effective on the date of its full execution by both Parties, with services and deliverables to be performed from such effective date through conclusion of the holiday light show on or about December 31, 2012. At the option of Round Rock, this Agreement may be renewed by written notice for subsequent years' holiday show seasons. It is understood and expressly agreed by the Parties that this Section 3 is subject to the provisions for early termination contained in Section 7 herein, that this Agreement may be terminated for cause or convenience by either of the Parties in accordance with Section 7 herein, and that such termination may be effected at any time during the term of this Agreement or any renewals thereof. e SECTION 4 r CONTRACTUAL OBLIGATIONS OF GRAND PRAIItIE Grand Prairie shall be contractually obligated to satisfactorily perform the following: ? n 1. Provide Round Rock with a holiday light show consisting of an entire lighted park . of holiday commercial-quality lighted outdoor drive-through/walk-through displays with associated features, as delineated in the attached Exhibit "A," with such holiday light show running daily from November 23, 2012 through and including December 31, 2012. 2. In timely fashion and pre-show, fabricate custom displays for Round Rock at wholesale cost, at the express request and direction of Round Rock, with such t custom displays to remain the property of Round Rock and for which Round Rock shall be responsible for permanent storage. 3. In timely fashion and pre-show, provide consultation either in person or by telephone conference or written communications, detailing recommendations, experience-derived expertise, management, and marketing plans for the show, at the express request and direction of Round Rock. 4. In timely fashion and pre-show, provide consultation either in person or by telephone conference or written communications, detailing power requirements, set-up requirements, set-up issues, and related issues. 5. In timely fashion and pre-show, achieve agreement with Round Rock on matters relating to ticket/admission pricing, pricing promotions, and discounting issues. 2 I 6. In timely fashion, be responsible for delivery to Round Rock of all displays, lights, and associated materials, including responsibility for transport and insurance. i 7. Accomplish set-up of the entire operation, including all displays and lighting, i beginning the second week in October and being complete and admission-ready no later than November 23, 2012, including provision of at least two (2) experienced supervisors to assist in lighting and display installation. As to this obligation, it is understood and expressly agreed by the Parties that Round Rock shall be responsible for providing all labor for light installation, and that Round Rock shall be responsible for providing sufficient personnel to t assist in set-up. 8. Provide at least one (1) experienced and trained person to physically stay on premises during the run of the show to timely maintain and repair lighting and display-related issues. 9. Accomplish take-down of the entire operation, including removal of all displays and lighting, beginning the first week in January and being complete and off- premises no later than January 15, 2013. As to this obligation, it is understood and expressly agreed by the Parties that Round Rock shall be responsible for providing sufficient personnel to assist in take-down. 10. Receive compensation from Round Rock via revenue-sharing in the amount of 4 fifty percent (50%) of all drive-through and walk-through fees actually received from Round Rock's operation of the show. SECTION 5 CONTRACTUAL OBLIGATIONS OF ROUND ROCK k Round Rock shall be contractually obligated to satisfactorily perform the following: 1. In timely fashion and pre-show, achieve agreement with Grand Prairie on matters relating to ticket/admission pricing, pricing promotions, and discounting issues. 2. In timely fashion and pre-show, verify to Grand Prairie that electricity, extension cords, and sufficient related equipment are available for the run of the show. 3. Furnish sufficient management and staff on a daily basis with the aim of providing a well-run show. x 4. With regard to set-up, be responsible for providing all labor for light installation, and sufficient personnel to assist Grand Prairie in set-up, that being estimated at from 18-24 people. 5. With regard to take-down, be responsible for providing sufficient personnel to assist Grand Prairie in take-down, that being estimated at from 18-24 people. 6. Be responsible for costs of incidental tree lighting. 7. Be responsible for provision of a camping spot at no cost to Grand Prairie for Grand Prairie representatives to use from the time of set-up, through the run of the Y show, and through take-down. 3 i 8. Be responsible for storage of any custom lights, extension cords, and other related (non-display) equipment during the run of the show. 9. Pay compensation to Grand Prairie via revenue-sharing, on a bi-weekly basis, in the amount of fifty percent (50%) of all drive-through and walk-through fees actually received from Round Rock's operation of the show. SECTION 6 LIABILITY The Parties expressly agree that nothing in this Agreement adds to or changes the liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law. The Parties expressly agree that, in the execution of this Agreement, neither Party waives, nor shall be deemed i hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. SECTION 7 TERMINATION F Round Rock has the right to terminate this Agreement, in whole or in part, for E convenience and without cause, at any time upon thirty (30) days' written notice to Grand Prairie. In the event of any default or breach by Grand Prairie, Round Rock has the right to terminate this Agreement for cause, upon ten(10) days' written notice to Grand Prairie. a Grand Prairie has the right to terminate this Agreement, in whole or in part, for f convenience and without cause, at any time upon thirty (30) days' written notice to Round Rock. In the event of any default or breach by Round Rock, Grand Prairie has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Round Rock. SECTION 8 NOTICE i All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below: City of Round Rock: Attention: City Manager Round Rock City Hall 231 East Main Street Round Rock, TX 78664 and to: Attention: City Attorney Sheets& Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 4 i i 1 i i City of Grand Prairie i Attention: City Manager Grand Prairie City Hall 1 317 W. College St. P.O. Box 534045 Grand Prairie, TX 75053 and to: k Donald Postell City Attorney i Grand Prairie City Hall 317 W. College St. P.O. Box 534045 Grand Prairie, TX 75053 SECTION 9 DISPUTE RESOLUTION s H If a dispute or claim arises under this Agreement, the Parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each Party's senior management. If the Parties cannot reach a mutually satisfactory resolution, then any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the Parties. Round Rock and Grand Prairie hereby expressly agree that no claims or disputes between the Parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 4 SECTION 10 MISCELLANEOUS PROVISIONS k No Third Party Beneficiaries. No term or provision of this Agreement is intended to, F or shall, create any rights in any person, firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. No Other Relationship. No term or provision in this Agreement is intended to create a partnership,joint venture, or agency arrangement between the Parties. Current Revenues. Pursuant to Section 791.011(d)(3)of the Texas Government Code, t each Party performing services or furnishing services pursuant to this Agreement shall do so with funds available from current revenues of the Party. Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. Governiniz Law and Venue. The Parties agree that this Agreement and all disputes arising hereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. i 5 x i i i i i I 1 Force Majeure. Notwithstanding any other provisions of this Agreement to the 1 contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or a breach of this Agreement if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the i Party otherwise chargeable with failure, delay or default including, but not limited to, acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. Approval. This Agreement has been duly and properly approved by each Party's a governing body and constitutes a binding obligation on each Party. Assignment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. t Non-Appropriation and Fiscal Funding. The obligations of the Parties under this p 4 Agreement do not constitute a general obligation or indebtedness of either Party for which such Party is obligated to levy, pledge, or collect any form of taxation. It is understood and agreed that either Party shall have the right to terminate this Agreement at the end of any 3 fiscal year if the governing body of either Party does not appropriate sufficient funds as determined by such Party's budget for the fiscal year in question. A Party may effect such termination by giving the other Party written notice of termination at the end of its then- current fiscal year. Non-Waiver. A Party's failure or delay to exercise a right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies under this Agreement are cumulative and are not exclusive of other rights or remedies t provided by law. Paragraph Headings. The various paragraph headings are inserted for convenience of E reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. 4 Severability. The Parties agree that, in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction, that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The remainder of the Agreement shall be and continue in full force and effect. 5 Open Meetings Act. The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. : r Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. i 6 x t l i Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. 9 f 3 CITY OF ROUND ROCK, TEXAS i By. 3 Alan McGraw, Mayor Date Signed: FOR ROUND ROCK,ATTEST: By: Sara L. White, City Clerk F FOR ROUND ROCK,APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 4 CITY OF GRAND PRAIRIE, TEXAS By: Charles England, Mayor b Date Signed: FOR GRAND PRAIRIE,ATTEST: r By: Cathy Dimaggio, City Secretary 2 FOR GRAND PRAIRIE,APPROVED AS TO FORM: By: Donald R. Postell, City Attorney k 7 i 4 i _ I , i t ROUNDR0(%TEXAS City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERITY. i Agenda Item No. G1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Agenda Caption: City of Grand Prairie for Provision of a Holiday Lighted Outdoor Drive-Through Display. 's Meeting Date: May 10, 2012 's Department: Administration a Staff Person making presentation: Steve Norwood City Manager i I Item Summary: The City of Grand Prairie currently and previously developed, managed and operated a holiday commercial-quality lighted outdoor drive-through/walk-through display show with associated features. Round Rock would like to "a contract with Grand Prairie for such holiday lighted drive-through display show within our city limits and/or ETJ. The agreement provides that Grand Prairie will provide to us the complete holiday light show together delivery and set- up, take down and removal, trained personnel to assist with the show, as well as a marketing plan for the holiday I light show. In return, the City of Round Rock will compensate the City of Grand Prairie with 50%of any fees received from the operation of the holiday light show. F The show will run daily from November 23, 2012 through and including December 31, 2012. More detailed information on the pages following. G Cost: s Source of Funds: Date of Public Hearing(if required): N/A k Recommended Action: Approval I i Y i { 1 f. C { 4, k f E I E t Background- For the past several years,Grand Prairie,Texas, has been home to Prairie Lights, a 2-mile-long seasonal f display,featuring more than three million lights on more than 500 lighted displays.Santa's elves, snowmen, reindeer,angels, penguins,stars, lollipops and the world's longest tunnel of lights are just a 3 few of the displays showcased during the 40-day event.The event also offers a unique out-of-car Y experience in Holiday Village mid-way through the drive with concessions,carousel rides,and Santa's Store for shopping and photos. Pictures of the event can be viewed at http://www.prairielights.org/ F. Each year approximately 150,000 people(20,000 vehicles)go through the show, producing average i revenue of$15,000 per day for Grand Prairie. While we would likely not receive that type of revenue our first year,we believe our event will eventually produce similar results as we would be the only city in Central Texas to have such an event. The City of Round Rock would like to enter into an ILA with Grand Prairie for use of their"Prairie Lights" 4 to be used during the 2012 Christmas holiday season. The location for the Round Rock event will be Old Settler's Park. i s t Agreement— The CORR proposed entering into an ILA with the City of Grand Prairie for use of their lights. The initial contract is for one year,with an option for renewal for subsequent year's holiday show seasons. g Highlights of the agreement include: • Grand Prairie will be responsible for fabricating custom displays for CORR at wholesale costs, with such displays becoming the property of the CORR. • Accomplish set up by November 23, 2012,and take down by January 15, 2012. • CORR will provide the labor for the installation and take down. Financial— As with any new event,there are start-up costs and if continued, reoccurring costs. Staff estimates the first year costs to be$300,000. This includes labor, materials,displays, marketing,tickets,and signage. For our first year,we would not charge the same entry fees as Grand Prairie (see their rates below), but would increase rates as the event lights grow. Our suggested rate Aild be$12.00 for a car and the rate would go up from there for busses or vans. . . : holidays) Cars $20 $30 Limos $50 $55 Shuttle Van or Bus r $45 $50 (9-30 people) f i I I i I Commercial Bus $75 $80 (31+people) z i There are also"walk through"or out of vehicle shows which can be visited at an additional cost ranging from$2.00 to$7.00 per person. The CORR and Grand Prairie will split all admission revenue 50/50. j Summary This event is something not offered anywhere in the Austin metro area,and will certainly draw visitors from outside of Round Rock. The impact from this event will benefit local restaurants,stores and potentially hotels. In our quest to create a vibrant alive community, Prairie Lights(or whatever name is given to our event) is certainly a step in the right direction. c Additional information on the event is attached.Staff recommends the Council approve the ILA with the City of Grand Prairie. i I i f Y 4 { L' S C � I! �`�`:- X11111111 _-� -� �■•• o" ` ■11111 .' [ �� ►���� 11111 111111111111 C • �. :+ ��II ��11 1111111 // � ``�1��/��■ _ � � r �j�I �%11111111111 �IIIC '� II III 1111 111111111 __ r � St ' � ,� '11�� ♦ 11111 �� � � CC _ riii .•I�� III -- - -- - • � - � �� 1111111►f �� ••• 1111�� .,y�` �i �.. �1►�� /111 =1=1�I OVA � � 111Ilk � == = �Ir w i FY07 FY08 FY09 WI FY11 FY12 2006 2007 2008 2009 2010 2011 REVENUES Gate 207,903 270,495 372,827 394,584 469,437 527,825 Holiday Magic - 36,936 71,181 83,875 119,464 108,477 Gift Shop 15,845 22,350 20,513 28,056 27,878 22,253 Santa Pictures 2,787 19,986 25,813 28,150 33,919 40,920 Concessions 35,987 55,421 66,048 74,605 103,145 85,277 262,522 405,188 556,382 609,270 753,843 784,751 77 S { _ TATS Vehicles 15,106 19,157 20,400 21,908 26,173 21,296 Gate/Vehicle 13.76 14.12 18.28 18.01 17.94 24.79 Holiday Magic/Vehicle - 1.93 3.49 3.83 4.56 5.09 Gift Shop/Vehicle 1.05 1.17 1.01 1_28 1.07 1.04 Santa Pictures/Vehicle 0.18 1.04 1.27 1.28 1.30 1.92 Conessions/Vehicle 2.38 2.89 3.24 3.41 3.94 4.00 Event Days 41 41 35 36 37 36 Avg Revenu6/Day 6,403 9,883 15,897 16,924 20,374 21,799 Avg Vehicle/Day 368 467 583 609 707 592 a The Lights Upon arriving at the park you will be dazzled with 4 million lights set along 2 miles of path. Hundreds of ALL-NEW displays in shapes of all kinds line and arch over the roads. Half way through the drive get out of your car for a stop at Holiday Village where you will find food, gifts, Santa,and our 2 Holiday Magic attractions the Light Show Theater and the Lighted Walk- Through Forest. The finale of the show is the world's largest light tunnel Holiday Village 1213 7 Half way through the drive, get out of your car to play in Holiday Village. Under a GIANT tent enjoy pictures with Santa, concessions, a gift shop and our 2 lighted attractions. f Concessions sold include hot cocoa, apple cider, coffee, and a variety of seasonal food like funnel cakes, kettle corn and more. For an additional charge have your picture taken with Santa or get tickets to the Holiday Dazzle-ation 4D Theater or Holiday Magic Walk-Through Lighted Forest. Holiday Dazzle-ation 4D Theater During your visit to Holiday Village take the time to experience the brand-new Holiday Dazzle- 4' ation, a magical laser and effects spectacular! In a theater setting, an ALL-NEW light show choreographed to music will take you on a magical journey that you won't forget. A seperate ticket is required to see the show.see Pricing. Holiday Magic Lighted Walk-Thru Forest Get out of your car at Holiday Village and take a stroll through the trees that will be lit up with tens of thousands of lights.Arranged in scenes depicting how the holiday season is celebrated E around the world along with a brand-new Dancing Christmas Tree, this new attraction is sure to have the kids saying WOW! A seperate ticket is required to see the show, see Pricing. Frequently Asked Questions z t. How much time does it take to drive through the park? That will depend on how fast you drive and how heavy traffic is in the park. We encourage people to drive slowly and take in all the sights. Relax and enjoy the park. Typically it takes 45 s minutes to drive straight through with light traffic. With a stop in Holiday Village (highly recommended)plan on 1.5 hours total. **Due to the high volume of cars on weekends,please allow for an extra hour to get through the park. F Do you accept credit cards? Yes, we accept Visa and Mastercard at the front gate and inside the tent at Holiday Village. F a ! Y. Is the park wide enough for a Bus? Absolutely! Bus traffic is welcome. We can accommodate anything up to a large 56 passenger commercial bus. That includes motor homes and RV's (recreational vehicles.) 6 Is Santa really there every night through Dec 23? Yes, Santa will be there every night through Dec. 23 listening to holiday wishes and taking pictures with the kids for an additional fee. On Dec. 24 Santa must return to the North Pole to pick up all the presents and deliver them to homes all around the world. How many people can be in one vehicle? The more the merrier...up to a point! The regular entrance fee covers up to eight people in your vehicle. Buses, limos and RVs cost a little more. For the safety of you and your passengers, we do not allow vehicles to tow trailers carrying people through the park (like a "hayride"). Are the rides in Holiday Village free? Yes. All rides like the carousel, and carnival rides are included in the price of vehicle admission. b Are restrooms available? Yes. All restrooms are at Holiday Village in front and behind the big white tent. The other restroom buildings throughout the park will be closed. Can I stop and take pictures by the light displays? No. Please do not get out of your car in the middle of the drive.Not only is traffic a danger, the x guide wires that support the displays and they are nearly invisible in the dark and hurt like heck when you trip over them. We do have photo opportunities in Holiday Village that are safe and better lit for photography. Should I turn out my headlights as I drive through the park? Yes. The path will be clearly marked with Christmas lights, cones, and lighted indicators. With headlights off,the experience is much more enjoyable, especially for the people in front of you. We do realize that not all vehicles are able to switch off their headlights, but if you can,please do so. i $X ©2012 PRAIRIE LIGHTS A CITY OF GRAND PRAIRIE EVENT GRANDFUNGRCOM. All rights reserved. T� r i t t y { N i S 5 t gg� Hours of Operation Thanksgiving Night-New Year's Eve f (Nov. 24 -Dec. 31) F Due to the high volume of cars on weekends, please allow for an extra hour to get through the park. Sunday-Thursday 6 - 9 p.m. Friday- Saturday 6 - 10 p.m. Thanksgiving, Christmas Eve, Christmas Day,New Year's Eve 6-10 p.m. { k L f Vehicle Admission 01 1 1 0 1 1 0 0. • i 0 0 0. �' Cars $20 $30 Limos $50 $55 € Shuttle Van or Bus $45 $50 (9-30 people) Commercial Bus $75 $80 (31+people) "Thanksgiving Day, Christmas Eve, Christmas Day&New Year's Eve are weekend rates" t Holiday Village Out-of-Car Experiences r Adult $5 Child $3 I No-so 1' P s i Adult $3 Child $2 oe eo a oe o ao 0 s Adult $'7 Child $4 ! What is the Holiday Magic Light Show and Walk-Through Forest? >more info ! Receive E-mail Updates Learn about more events like this one! Recieve information via e-mail about Grand Prairie Parks and Recreation events, programs, and recreational classes. Sign u here! �r t: ©2012 PRAIRIE LIGHTS A CITY OF GRAND PRAIRIE EVENT GRANDFUNGP.COM. { All rights reserved. a ! t 4 6 S t d' P qKq. f i E tt. pEp t q f S y1 g' 4 F F 5 t }yr. 4 tg¢g $[G S t 3 r t 4 4 E i i i INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE CITY OF GRAND PRAIRIE, TEXAS FOR E PROVISION OF A HOLIDAY LIGHTED OUTDOOR DRIVE-THROUGH DISPLAY =' 5 On the_0�7day of the month of , 2012, this Interlocal Agreement(hereinafter referred to as the "Agreement") is made and entered into by and between the CITY OF ROUND ROCK, TEXAS (hereinafter referred to as "Round Rock"), a home-rule municipal , corporation and political subdivision of the State of Texas located in Travis and Williamson Counties, and the CITY OF GRAND PRAIRIE, TEXAS (hereinafter referred to as "Grand Prairie"), a home-rule municipal corporation and political subdivision of the State of Texas located in Dallas, Tarrant and Ellis Counties. Round Rock and Grand Prairie are hereinafter referred to as a"Party" and/or as the "Parties." WITNESSETH: WHEREAS, the Texas Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791, Section 791.011(a) and Section 791.011(c)(2), provides that local governments may contract with other local governments to perform governmental functions and services that each party to the contract is authorized to perform individually; and WHEREAS, Grand Prairie currently and for several years previously has developed, managed and operated a holiday commercial-quality lighted outdoor drive-through/walk- through display show with associated features, and has done so in cooperation with various subcontractors; and WHEREAS, Round Rock desires to contract with Grand Prairie for provision of such holiday lighted outdoor drive-through/walk-through display show within the city limits and/or extraterritorial jurisdiction of Round Rock, together with the benefits of Grand Prairie's related expertise and existing subcontracts; and f WHEREAS, the Parties hereby make a determination that entering into this Agreement would be mutually beneficial and not detrimental to the Parties; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: SECTION 1 AUTHORITY This Agreement is entered into pursuant to the authority contained in the Texas Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791. The provisions of Chapter 791 of the Government Code are incorporated into this Agreement, and this Agreement shall be interpreted in accordance with the Act. SECTION 2 PURPOSE The general purpose of this Agreement is for Grand Prairie to provide Round Rock with a holiday light show consisting of an entire lighted park of holiday commercial-quality lighted outdoor drive-through/walk-through displays with associated features (as delineated 6 i 1 i 9 I }E} t, f in Exhibit "A" attached hereto and incorporated herein by reference for all purposes), together with such associated goods and services as fabrication of custom displays at wholesale cost; delivery and removal of displays; set-up; take-down; provision of trained personnel to assist in installation of lights and displays; provision of trained personnel to maintain and repair lighting and display-related issues during the run of the holiday light show; pre-show provision of consulting expertise on power requirements/set-up/related issues; and pre-show provision of experience-derived expertise, recommendations, management, and a marketing plan for the holiday light show; and for Round Rock to # compensate Grand Prairie for same through revenue-sharing of fifty percent (50%) of all drive-through and walk-through fees received from operation of the holiday light show. SECTION 3 EFFECTIVE DATE This Agreement shall be deemed to be effective on the date of its full execution by both Parties, with services and deliverables to be performed from such effective date through conclusion of the holiday light show on or about December 31, 2012. At the option of Round Rock, this Agreement may be renewed by written notice for subsequent years' holiday show seasons. i It is understood and expressly agreed by the Parties that this Section 3 is subject to the provisions for early termination contained in Section 7 herein, that this Agreement may be terminated for cause or convenience by either of the Parties in accordance with Section 7 herein, and that such termination may be effected at any time during the term of this Agreement or any renewals thereof. SECTION 4 CONTRACTUAL OBLIGATIONS OF GRAND PRAIRIE Grand Prairie shall be contractually obligated to satisfactorily perform the following: I. Provide Round Rock with a holiday light show consisting of an entire lighted park of holiday commercial-quality lighted outdoor drive-through/walk-through displays with associated features, as delineated in the attached Exhibit "A," with such holiday light show running daily from November 23, 2012 through and including December 31, 2012. 2. In timely fashion and pre-show, fabricate custom displays for Round Rock at wholesale cost, at the express request and direction of Round Rock, with such custom displays to remain the property of Round Rock and for which Round Rock shall be responsible for permanent storage. 3. In timely fashion and pre-show, provide consultation either in person or by telephone conference or written communications, detailing recommendations, experience-derived expertise, management, and marketing plans for the show, at the express request and direction of Round Rock. 4. In timely fashion and pre-show, provide consultation either in person or by telephone conference or written communications, detailing power requirements, set-up requirements, set-up issues, and related issues. 5. In timely fashion and pre-show, achieve agreement with Round Rock on matters relating to ticket/admission pricing, pricing promotions, and discounting issues. 2 ti 6. In timely fashion, be responsible for delivery to Round Rock of all displays, lights, and associated materials, including responsibility for transport and insurance. e 7. Accomplish set-up of the entire operation, including all displays and lighting, beginning the second week in October and being complete and admission-ready no later than November 23, 2012, including provision of at least two (2) x experienced supervisors to assist in lighting and display installation. As to this , obligation, it is understood and expressly agreed by the Parties that Round Rock shall be responsible for providing all labor for light installation, and that Round Rock shall be responsible for providing sufficient personnel to assist in set-up. 8. Provide at least one (1) experienced and trained person to physically stay on premises during the run of the show to timely maintain and repair lighting and display-related issues. 9. Accomplish take-down of the entire operation, including removal of all displays and lighting, beginning the first week in January and being complete and off- premises no later than January 15, 2013. As to this obligation, it is understood and expressly agreed by the Parties that Round Rock shall be responsible for providing sufficient personnel to assist in take-down. 10. Receive compensation from Round Rock via revenue-sharing in the amount of fifty percent (50%) of all drive-through and walk-through fees actually received from Round Rock's operation of the show. t SECTION 5 CONTRACTUAL OBLIGATIONS OF ROUND ROCK Round Rock shall be contractually obligated to satisfactorily perform the following: 1. In timely fashion and pre-show, achieve agreement with Grand Prairie on matters relating to ticket/admission pricing, pricing promotions, and discounting issues. z 2. In timely fashion and pre-show, verify to Grand Prairie that electricity, extension cords, and sufficient related equipment are available for the run of the show. 3. Furnish sufficient management and staff on a daily basis with the aim of providing a well-run show. i 4. With regard to set-up, be responsible for providing all labor for light installation, and sufficient personnel to assist Grand Prairie in set-up, that being estimated at from 18-24 people. 5. With regard to take-down, be responsible for providing sufficient personnel to assist Grand Prairie in take-down, that being estimated at from 18-24 people. r 6. Be responsible for costs of incidental tree lighting. 7. Be responsible for provision of a camping spot at no cost to Grand Prairie for Grand Prairie representatives to use from the time of set-up, through the run of the show, and through take-down. 3 s i> 8. Be responsible for storage of any custom lights, extension cords, and other related (non-display) equipment during the run of the show. 9. Pay compensation to Grand Prairie via revenue-sharing, on a bi-weekly basis, in the amount of fifty percent (50%) of all drive-through and walk-through fees actually received from Round Rock's operation of the show. SECTION 6 LIABILITY i The Parties expressly agree that nothing in this Agreement adds to or changes the H liability limits and immunities for a governmental unit provided by the Texas Tort Claims Act, Chapter 101, Civil Practice and Remedies Code, or other law. The Parties expressly agree that, in the execution of this Agreement, neither Party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of its powers or functions or pursuant to the Texas Tort Claims Act or other applicable statutes, laws, rules, or regulations. SECTION 7 TERMINATION Round Rock has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Grand g Prairie. In the event of any default or breach by Grand Prairie, Round Rock has the right to terminate this Agreement for cause, upon ten(10)days' written notice to Grand Prairie. a Grand Prairie has the right to terminate this Agreement, in whole or in part, for F convenience and without cause, at any time upon thirty (30) days' written notice to Round Rock. In the event of any default or breach by Round Rock, Grand Prairie has the right to terminate this Agreement for cause, upon ten(10) days' written notice to Round Rock. 4 1 SECTION 8 NOTICE fi All notices, demands and requests, including invoices which may be given or which are required to be given by either Party to the other, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when sent, by certified or registered mail, return receipt requested, addressed to the intended recipient at the address specified below: { City of Round Rock: Attention: City Manager Round Rock City Hall 231 East Main Street Round Rock, TX 78664 t and to: + Attention: City Attorney Sheets& Crossfield, P.C. 309 East Main Street Round Rock, TX 78664 4 i i 1 2p Fp E City of Grand Prairie Attention: City Manager Grand Prairie City Hall 317 W. College St. P.O. Box 534045 t Grand Prairie, TX 75053 and to: Donald Postell City Attorney t Grand Prairie City Hall 317 W. College St. P.O. Box 534045 Grand Prairie, TX 75053 SECTION 9 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the Parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each Party's senior management. If the Parties cannot reach a mutually satisfactory resolution, then any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the Parties. Round Rock and Grand Prairie hereby expressly agree that no claims or disputes between the Parties arising out of or relating to this Agreement or a breach thereof shall be p decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute. SECTION 10 MISCELLANEOUS PROVISIONS No Third Party Beneficiaries. No term or provision of this Agreement is intended to, or shall, create any rights in any person, firm, corporation, or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. No Other Relationship. No term or provision in this Agreement is intended to create a partnership,joint venture, or agency arrangement between the Parties. a Current Revenues. Pursuant to Section 791.01 l(d)(3)of the Texas Government Code, each Party performing services or furnishing services pursuant to this Agreement shall do so with funds available from current revenues of the Party. Amendment. Amendment of this Agreement may only be by mutual written consent of the Parties. Governing Law and Venue. The Parties agree that this Agreement and all disputes arising hereunder shall be governed by the laws of the State of Texas, and that exclusive venue for any action arising under this Agreement shall be in Williamson County, Texas. 5 {4{ Y ge I C Force Majeure. Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay or default in performance of any obligation hereunder shall a. constitute an event of default or a breach of this Agreement if such failure to perform, delay or default arises out of causes beyond the control and without the fault or negligence of the Party otherwise chargeable with failure, delay or default including, but not limited to, acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the Parties. ' Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the subject matter contained herein. The Parties may not modify or amend this Agreement, except by written agreement approved by the governing bodies of each Party and duly executed by both Parties. Approval. This Agreement has been duly and properly approved by each Party's governing body and constitutes a binding obligation on each Party. Assi ment. Except as otherwise provided in this Agreement, a Party may not assign this Agreement or subcontract the performance of services without first obtaining the written consent of the other Party. Non-Appropriation and Fiscal Funding. The obligations of the Parties under this Agreement do not constitute a general obligation or indebtedness of either Party for which such Party is obligated to levy, pledge, or collect any form of taxation. It is understood and agreed that either Party shall have the right to terminate this Agreement at the end of any fiscal year if the governing body of either Party does not appropriate sufficient funds as determined by such Party's budget for the fiscal year in question. A Party may effect such termination by giving the other Party written notice of termination at the end of its then- i current fiscal year. R: Non-Waiver. A Party's failure or delay to exercise a right or remedy does not constitute a waiver of the right or remedy. An exercise of a right or remedy under this Agreement does not preclude the exercise of another right or remedy. Rights and remedies ; under this Agreement are cumulative and are not exclusive of other rights or remedies ' provided by law. Paragraph Headings. The various paragraph headings are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any section thereof. Severability. The Parties agree that, in the event any provision of this Agreement is declared invalid by a court of competent jurisdiction, that part of the Agreement is severable and the decree shall not affect the remainder of the Agreement. The remainder of the Agreement shall be and continue in full force and effect. Open Meetings Act. The Parties hereby represent and affirm that this Agreement was adopted in an open meeting held in compliance with the Texas Open Meetings Act (Tex. Gov. Code, Ch. 551), as amended. Counterparts. This Agreement may be executed in multiple counterparts which, when taken together, shall be considered as one original. i 6 i k Effective Date. This Agreement is made to be effective on the latest date accompanying the signatures below. @k gt CITY OF ROUND ROCK, TEXAS By: Alan McGraw, Mayor Date Signed: 5 ' to't2 FOR ROUND ROCK,ATTEST: By: ��jW� Sara L. White, City Clerk FOR ROUNV AOC APP OVED AS TO FORM: By: Stephan . Sheets, City Attorney t CITY OF GRAND P IRIE, TEXAS By: Gheries ayor �- Date Signed: FOR GRAND PRAIRIE,ATTEST: By _ Zr ttftftyDimaggio, City Secr FOR GRAND PRAIRIE,APPROVED AS TO FORM: r BY: ki M(r 0") /WV Donald R. Postell, City Attorney t [t k 7 i