CM-2015-780 - 11/24/2014City of Round Rock
P
ASe RO[K Agenda Item Summary
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Agenda Number:
Title: Consider executing an agreement with The Rotary Club of Round
Rock -Sunrise Foundation, Inc. to provide publicity, logistics support, and
access to Old Settlers Park for the purposes of conducting the Round
Rock Rotary Reindeer Run ("51151(').
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/24/2014
Dept Director: Rick Atkins, Parks and Recreation Director
Cost:
Indexes:
Attachments:
Department: Parks and Recreation Department
Text of Legislative File CM -2015-780
CUE of Rountl Rack Page 1 Ponied on 511112015
CrrY OF ROUND ROCK
AGREEMENT WITH
THE ROTARY CLUB OF ROUND ROCK -SUNRISE FOUNDATION. INC
This City of Round Rock Agreement (herein referred to as the "Agreement") is by and
between the City of Round Rock, Texas (herein referred to as the "City's and the Rotary Club
of Round Rock -Sunrise Foundation, Inc., a Texas non-profit corporation, (herein referred to as
the "the Foundation"). Pursuant to the terms of this Agreement, the City hereby agrees to
provide publicity, logistics support, and access to Old Settlers Park for the purposes of
conducting the Round Rock Rotary Reindeer Run 0"51t5r.
WHEREAS, the Foundation and the City have previously collaborated on the 5R5K, a five -
kilometer ran through Old Settlers Park in 2010 and 2011, as a fundraiser;
WHEREAS, all funds raised by the Foundation and the City through the SR5K in 2010 and
2011, after costs, have been dedicated to the construction and maintenance of the City's Play for
All Abilities Park, and other park projects for the benefit of special needs populations;
WHEREAS, the Foundation desires to retain ten percent (10%) of the funds raised ("Foundation
Funds") for use in furtherance of the Foundation's charitable and community based efforts.
WHEREAS, the City desires to allow the Foundation to retain the Foundation Funds as
consideration under this Agreement;
NOW THEREFORE, in consideration of the mutual obligations under this Agreement, and other
good and valuable consideration, the City and the Foundation agree as follows:
1.1 -- The Foundation shall organize, publicize, and otherwise conduct the 5R5K to be held on
a date mutually agreeable to the parties each year during the term of this Agreement.
1.2 The Foundation shall obtain all sponsorships and other corporate and community
participation related to the 5R5K.
1.3 The Foundation shall collect all proceeds from the 5R5K, including ruiners' fees and
sponsorships.
1.4 Upon request, the Foundation shall remit the 5R5K proceeds, less the Foundation's costs
incurred related to the 5R5K and the Foundation Funds, to the City or the City's
designee.
1.5 The City shall provide support and assistance with conducting the 5R5K, including, but
not limited to, allowing access to a race route in Old Settlers Park, or other mutually
agreed upon race route, advertising and promoting the 5R5K, and providing logistical
support during the 5R3K.
1.6 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 Foundation, or to create any partnership, joint venture, or other association between
the City or its designee and the Foundation. Alternatively, nothing contained herein,
either explicitly or implicitly, shall be deemed or construed to make the Foundation the
agent, servant, or employee of the City or its designee, or to create any partnership, joint
venture, or other association between the Foundation and the City or its designee.
1.7 Term of Agreement. This Agreement is in effect as of the date of due execution by both
parties (the "Effective Date"). This Agreement shall automatically renew for a one-year
term on the anniversary of the Effective Date unless either party informs the other party
in writing that it does not wish to renew the Agreement. Such automatic renewals shall
be limited to five one-year terms.
1.8 Entire Agreement This Agreement constitutes the entire agreement between the City
and the Foundation. 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 Foundation.
Executed on the date below written by the following:
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Title:
Date Signed:
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Date Signed: A10'", Z$- :20/1