CM-05-02-017FEB -02-2005 16:06
Ij�(�T CITY OF ROUND ROCK 5122187097 P.02/02
Y(b •.. �.. r y j 2,3 h',)i,th
Request for City Council/City Manager Action
Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval.
Department
Contact Person:
Convention and Visitors Bureau
Connie/Nancy
Project Name: Memorandum of Agreement
ContractorlVendor Name: Round Rock Chamber of Commerce
Project Manager/Resource: Nancy Yawn
Council Meeting Date:
Funding Source:
February 10.2004
Meal Tax Fund
Assigned Attorney: J. K. Gayle
Amount: $24,000.00 (contract, agreement,amendment,change order, purchase order,etc.)
2,1 7/05p 44/
Is Funding Required? Yes n No [1
Council Agenda Item Yes No n
Submission to City Manager - Yes El No
(see required signatures below before submisslon to the City Manager)
• Initial Construction Contract
Construction Contract Amendment
O Change Order
(Change In quantity
rjUnforeseen Circumstances
❑ Initial Professional Services Agreement
O Supplemental Professional Svcs. Agr, >*
O Purchasing/Service Agreement
O Purchase Order
Items) to be purchased:
Other (Please clearly identlfy action on lines below)
Funds from Hotel Tax Funds
Amount
$24,000.00
Agenda Wording: Consider a resolution authorizing the City Manager to sign an Agreement with the Round Rock
Chamber of Commerce to continue o ration of Visitors Information Center for one ear.
For Submission to C
Project Mgr, Signature:
Dept. Director Signature:
City Attorney Signature:
City Manager Signature:
k
Finance Approval
a a!arOn
OGL Date:
Date:
Date: IV
Date: aQ .G
vet is neuirud for all items regaesdng Ply Manager's approval.
U Finance -Date and Signature: n/a LO 1-12-05
Xn Purchasing -Date and Signature: N/A HB 1-10-05
Budget -Date and Signature: Cheryl Delany 1/11/2005
TOTAL P.02
FROM :Sports Capital of Texas
FAX NO. :512 341 3153 Jan. 10 2005 03:39PM P2
DATE: January 10, 2005
SUBJECT: City Council Meeting, February 10, 2005
ITEM:
Department:
Staff Person:
Justification:
Consider a resolution authorizing the City Manager
to execute a Memorandum of Agreement with the
Round Rock Chamber of Commerce for operation of
the Round Rock Visitors Information Center
Convention and Visitors Bureau
Joe Vining, Executive Director of Community Development
This Is a one year agreement for the Chamber to continue
running the Visitors Information Center.
Funding:
Cost: $24,000
Source of funds: Hotel Occupancy Tax
Outside Resources: N/A
Background Information: Following the adoption of the Tourism Plan, a
Convention and Visitors Bureau was formed
and staffed. The location was acquired for one
year at 116 East Main which does not
accommodate the staff and area for a Visitors
Information Center.
Public Comment:
None required.
JAN -10-2005 14:45 512 341 3153 97% P.02
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND THE ROUND ROCK CHAMBER OF COMMERCE FOR
OPERATION OF THE ROUND ROCK VISITOR INFORMATION CENTER
THIS AGREEMENT is made and entered into this l�* ' day of the month of
c2b, 2005 by and between the City of Round Rock, Texas (the "City") and the
Round
Rock of Commerce (the "Chamber") to provide for the operation of the City's
Visitor Information Center by the Chamber.
RECITALS:
WHEREAS, the Parties desire to enter into an agreement with one another for the
operation of the City's Visitor Information Center; and
WHEREAS, the Parties desire, through the Visitor Information Center, to advertise,
publicize, and promote tourism, leisure travel and meeting facilities within the City and area, and
to otherwise promote the resources and advantages of the City; and the Parties deem such
activities to be the purposes to be furthered by the operation of the Visitor Information Center
under this Agreement; and
WHEREAS, the Parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW THEREFORE, WITNESSETH:
That for and in consideration of the premises and mutual obligations contained herein and
other good and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the Parties hereby set forth their agreement as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
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 unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be for twelve (12) months, beginning on October 1,
2004 and ending on September 30, 2005.
The City reserves the right to review the Chamber's performance under this Agreement at
any time, and may elect to terminate this Agreement with or without cause or may elect to
continue.
00081617/jkg
1.02 PAYMENT FOR SERVICES
In consideration for services to be performed by the Chamber in operating the Visitor
Information Center, the City agrees to pay the Chamber, upon receipt of invoice, the sum of Two
Thousand and No/100 Dollars ($2,000.00) per month during any months that this Agreement is
in full force and effect and the Chamber's services have been properly contractually performed.
1.03 SERVICES TO BE PERFORMED
The Chamber shall satisfactorily perform the delineated services on a continuing basis
during the term of this Agreement, and services include but are not limited to the following:
.1 Provide staff at adequate staffing levels, as determined and directed by the City,
for the Visitor Information Center.
.2 Provide that the Visitor Information Center be open and adequately staffed from
8:30 am to 5:00 pm Monday through Friday (except on official City holidays),
and from 10:00 am to 4:00 pm on Saturdays (except on official City holidays).
Both parties expressly agree that the City may direct a change in these required
business hours based upon data related to traffic counts.
.3 Dedicate a minimum 350 square feet area to the Visitor Information Center, and
furnish the area with, at a minimum, a desk, chair, and the necessary office
furniture and equipment to maintain adequate customer service to visitors.
.4 Handle all incoming telephone calls, and dispense information and make referrals
verbally and by email, facsimile, handout materials, and mail regarding
hotels/motels, community events, Round Rock Express baseball schedule,
restaurants and dining facilities, area attractions, area history, local businesses
and resources, and directions.
.5 Provide detailed histories relevant to the area, both verbally and in print,
including specific information on local attractions and directions to same.
.6 Maintain a minimum of sixty-five (65) brochures in the Visitor Information
Center relevant to local and area attractions; provide adequate and attractive
display space for brochures; and order and stock additional supplies as needed.
.7 Based upon requests by visitors, solicit additional brochures and information
which are responsive to the stated needs.
.8 Distribute and periodically replenish supplies of brochures (to be produced by the
Round Rock Convention and Visitors Bureau) to the State of Texas Visitor
Information Centers and to Chambers of Commerce throughout the state.
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.9 Produce and distribute periodically -updated city maps and direction guides.
.10 Produce and distribute Round Rock magazine.
.11 Respond to the needs and requests of visitors by distributing other handout
materials.
.12 Make available the use of at least one copier which is adequate to timely meet the
demands of reproducing needed handout materials for distribution in the Visitor
Information Center and elsewhere.
.13 Coordinate and collaborate with the Round Rock Convention and Visitors Bureau
to develop and periodically update a Community Calendar and to develop
materials to be included in visitor information packets.
.14 Continually maintain accurate logs of visitor inquiries received via walk-in, email
and mail; and supply copies of such logs periodically and/or upon request to the
Round Rock Convention and Visitors Bureau.
.15 Keep the City and the Round Rock Convention and Visitors Bureau advised of
relevant activities and accomplishments of the Chamber under this Agreement,
and deliver any necessary reports.
.16 Make all expenditures pursuant to this Agreement in conformity with the
purposes and requirements for which hotel occupancy tax revenues may be
expended under the law of the State of Texas.
1.04 DOCUMENTATION OF COSTS
All costs incurred and expenditures made by the Chamber in performance of its
obligations under this Agreement shall be supported by payrolls, time records, invoices, purchase
orders, contracts, or vouchers, and other documentation satisfactory to the Parties, evidencing in
proper detail the nature and propriety of such costs. Upon request of either Party, all such
documentation and records pertaining in whole or in part to this Agreement shall be made
available for review and inspection.
1.05 NON -APPROPRIATION CLAUSE
Notwithstanding any other provisions of this Agreement, the City's funding obligations
are expressly made contingent upon the availability of public funds and the annual appropriations
thereof. The City's appropriations of funds for the promotion and advertisement of the City are
and shall be further subject to any provisions of the City's Charter. In the event that the City does
not appropriate funds in the amount necessary to support its obligations hereunder for a
3
subsequent fiscal year, then this Agreement shall automatically expire at the end of the then -
current fiscal year.
1.06 PERFORMANCE MEASURES
The City may, in its sole discretion, require performance measures to periodically track
and quantify the Chamber's progress towards complying with this Agreement.
1.07 TERMINATION FOR CAUSE
The Parties expressly agree that the City may terminate this Agreement with our without
cause. As to termination for cause, in addition to any other rights of termination reserved to the
Parties herein, in the event that the Chamber fails to fulfill in a timely and proper manner its
obligations under this Agreement, or in the event that the Chamber violates any of the covenants,
agreements, or stipulations of this Agreement, the City shall thereupon have the right to
terminate this Agreement by giving written notice to the Chamber of such termination and
specifying the effective date thereof at least thirty (30) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, maps, studies, surveys,
drawings, models, photographs and reports prepared by the Chamber under this Agreement shall
be delivered by the Chamber to the City, and the Chamber shall immediately take steps to wind
up outstanding business.
1.08 MISCELLANEOUS
A. No Discrimination. In performing the functions and services assigned to it under
this Agreement, the Chamber shall not discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age, physical handicap, or disability as defined in the
Americans with Disabilities Act of 1990, as now enacted or hereafter amended.
B. Ownership of Documents, Materials. No material produced in whole or in part
under this Agreement shall be subject to copyright by the Chamber, or by any other person or
entity other than the City, whether in the United States or in any other country. The City shall
have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part,
any reports, data or other materials prepared by or for the Chamber under this Agreement.
C. Compliance with Applicable Laws. In performing the services required hereunder,
the Chamber shall comply with all applicable laws, ordinances, and codes of the Federal, State
and local governments.
D. Amendments. The Parties may, from time to time, request changes in the services or
functions to be performed by the Chamber hereunder. Such changes, including any increase or
decrease in the amount of funding, shall be incorporated in written amendments approved by the
Parties to this Agreement. This Agreement may be altered, amended, changed or modified only
4
as mutually agreed upon by and between the Parties, and such alterations, amendments, changes
or modifications shall be incorporated in written amendments to this Agreement which are duly
acted on by the City's governing body or city manager, and by the Chamber's governing body.
E. Assignments. The Chamber shall not assign any interest in this Agreement and
shall not transfer any interest in this Agreement (whether by assignment or novation), without the
prior written consent of the City.
F. Political Activity. None of the funds, materials, property or services provided
directly or indirectly to the Chamber under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office or any measure.
G. Severability. If any part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement.
H. Entire Agreement. This Agreement contains the entire agreement of the Parties
and supersedes any and all other prior or contemporaneous agreements or understandings,
whether verbal or written, with respect to the matters that are the subject of this Agreement.
I. Applicable Law. This Agreement shall be governed by and enforced in accordance
with the laws of the State of Texas, and venue shall lie in Williamson County, Texas.
J. Approval Required. This Agreement shall not become effective or binding upon
the Parties until approved by action of the Round Rock City Council or City Manager, and of the
Round Rock Chamber of Commerce Board.
IN WITNESS WHEREOF, the City and the Chamber do hereby execute this Agreement
by and through their respective agents or officials.
CITY UND ROCK
By:
Christine R. Martinez, City Secretary ( Printer i e: Jarnc5 R. N use-, P. E•
Title: Cctu i"Y1cinal
Date: 0 -4 -os J
APPR 1 D AS TO 'ORM:
1
Stepha ' L. Sheets, City Attorney
ROUND ROCK CHAMBER OF COMMERCE
By:
Printed Name:
Title:
Date:
5