CM-11-01-002ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Manager Approval Summary Sheet
Consider executing a Hotel Occupancy Tax Revenue Funding Agreement with the Round
pltem Caption: Rock Sertoma Girls Softball League for the 2010-2011 Season.
Approval Date: January 7, 2011
Department: Convention and Visitors Bureau
Project Manager:
Nancy Yawn, Director CVB
Item Summary:
The Convention and Visitors Bureau received an application and approved the funding of the 2010-2011 Round Rock
Sertoma Girls Softball League for the 2010-2011 Season. This event supports our tourism industry, as well as our
"Sports Capital of Texas" branding campaign.
Strategic Plan Relevance:
11.0 Maintain and enhance efforts to align and partner with key groups that bring value to the City.
Cost: $5,000.00
Source of Funds: Hotel Occupancy Tax
REV. 3/8/10
CITY OF ROUND ROCK
HOTEL OCCUPANCY TAX (HOT)
FUNDING AGREEMENT WITH
ROUND ROCK SERTOMA GIRLS SOFTBALL LEAGUE
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 Sertoma Girls Softball League (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 Five
Thousand and No/100 Dollars ($5,000.00) 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: In accordance with V.T.C.A., Tax Code,
Section 351.101(a)(6), for a municipality located in a county with a
population of one million or less, expenses, including promotion expenses,
directly related to a sporting event in which the majority of participants are
tourists who substantially increase economic activity at hotels and motels
within the municipality or its vicinity.
1.2 Distribution of Funds. The City will pay the total sum of Five Thousand and
No/100 Dollars ($5,000.00) 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,
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,
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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/faci I ity;
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.
1.6 Term of Agreement. This Agreement is in effect for the City's fiscal year which
begins October 1, 2010 and ends September 30, 2011.
1.7 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.
1.8 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 SERTOMA GIRLS SOFTBALL LEAGUE
By:
Aut orize.`Officer of Applicant
Printed Name: ��aS
Title:�?�'rc'4:.4-..,r'
Date Signed: /2- ?- /G
CITY OF ROUND ROCK, TEXAS
By:
Authorized
Printed Name:
Title: N
Date Signed: /
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, AP ' ROVED A
By:
TO FORM:
tephan L. S • ets, City Attorney