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CM-2021-028 - 1/29/2021CITY OF ROUND ROCK REIMBURSEMENT AGREEMENT WITH TEXAS CITY MANAGEMENT ASSOCIATION THE STATE OF TEXAS § CITY OF ROUND ROCK § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § KNOW ALL BY THESE PRESENTS: THAT THIS REIMBURSEMENT AGREEMENT (referred to herein as the "Agreement'), is made and entered into on this the 22nd day of the month of January, 2021 by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as "City"), and TEXAS CITY MANAGEMENT ASSOCIATION, whose offices are located at 1821 Rutherford Lane, Suite 400, Austin, Texas 78754 (referred to herein as "TCMA"). RECITALS: WHEREAS, the 2021 TCMA Annual Conference will be held June 10-13, 2021 at Kalahari Resorts & Conventions in Round Rock, Texas; and WHEREAS, the City is hosting a social event on June 11, 2020 at Dell Diamond as part of the 2021 TCMA Annual Conference (referred to herein as the "Event'); and WHEREAS, TCMA agrees to reimburse the City for the actual expenses incurred by the City in hosting the Event as set forth herein; and NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect until the City has been fully reimbursed by TCMA for the Event as set forth herein. 2. TCMA shall reimburse the City for the costs of the following Event items: venue rental; catering services; band rental (if applicable); event tickets; tables; chairs; and linens (referred to herein as "reimbursable costs"). 00327148/ss2 0",-202r-v ff 3. The estimated itemized reimbursable costs for the Event are set forth in Exhibit "A," attached hereto and incorporated herein by reference. 4. The total amount of the reimbursable costs is not expected to exceed $17,000.00. The City shall submit to TCMA a written report itemizing the reimbursable costs incurred, including all supporting invoices documenting all amounts incurred for which reimbursement is claimed. 5. TCMA agrees to make, within thirty (30) days from the date of receipt of the written report and invoices, a one-time reimbursement payment for all the reimbursable costs incurred. 6. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 7. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond 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, pandemics, epidemics, 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. 8. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns. 9. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provisions of the Agreement, and this Agreement shall be constructed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. [Signatures on the following page.] 2 IN WITNESS WHEREOF, City and TCMA have executed this Agreement on the dates indicated. City of Round Rock, Texas ice-_ i/i LLr.� Date Signed: N Attest: I By: V Sara L. White, City Clerk For City, p roved as to Fo m: B S�epha.eets, City Attorney Texas City Management Association BY:i��s� Printed Name: Kim E. Pendergraft Title: Affiliate Association Manager Date Signed: 1/22/2021 Exhibit "A" Estimated Reimbursable Costs Dell Diamond $300 Venue Rental - cost includes staffing and cleaning fee Hot Dogs and Hamburgers w/ 12 oz soft drinks ($22 per person) Catering - ($22 * 300 = $6,600) * (20% service fee) + tax = $8,603.1 Band Rental N/A $10 a ticket (baseball seats will be in front of the Heritage Center Sect. 126) Event Tickets - ($10 * 300 = $3,000) Cost included with rental fee - enough 60" round tables to accommodate guests Tables - 5 cocktail tables Cost included with rental fee Chairs - enough banquet chairs to accommodate guests Linens Cost included with catering fee Estimated cost with Hot Dogs and Hamburgers Buffet Estimated Total Highest Cost - $11,903.1 Based on 300 guests. ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a reimbursement agreement with TCMA for certain costs associated with the 2021 TCMA Annual Conference. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/29/2021 Dept Director: Laurie Hadley Cost: $17,000.00 Indexes: Attachments: LAF - TCMA Reimbursement Agreement (0122 21) (00463962xA08F8), Reimbursement Agreement - TCMA (01 15 21) (00463408xA08178) Department: City Manager's Office Text of Legislative File CM-2021-028 The 2021 TCMA Annual Conference will be held in June 2021. The City is hosting a night event at the Dell Diamond and has agreed to pay the total costs with expectations that TCMA will reimburse all costs associated with the night event. This agreement has a not -to -exceed amount of $17,000. Costs: $17,000 Source of Funds: City Manager Contingency Funds City of Round Rock Page 1 of i