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CM-13-04-030ROUND ROCK TEXAS PURPOSE FLWO&PROSPFAITY City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Hotel Occupancy Tax Revenue Funding Agreement with the Independent Women's Football League (IWFL) for the 2013 IWFL Championship Weekend. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/12/2013 Dept Director: Nancy Yawn, CVB Director Cost: $2,500.00 Indexes: Hotel Occupancy Tax Fund Attachments: 04-12-2013_CM_Approval_ Independent Women's Football League Championship, 04-12-2013 Ric Bowden LAF Note Text of Legislative File CM -13-030 The Convention and Visitors Bureau was awarded the opportunity to host the 2013 Independent Women's Football League Championship Weekend. This event supports our tourism industry, as well as our "Sports Capital of Texas" branding campaign. The Sports Capital of Texas recommends approval. City of Round Rock Page 1 . Printed on 4/10/2013 CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: CVB Project Mgr./Resource: Nancy Yawn City Manager Approval CMA Wording HOT Funding Agreement for Independent Project Name: Women's Football League Championship Contractor/Vendor: Independent Women's Football League Consider executing a Hotel Occupancy Tax Revenue Funding Agreement with the Independent Women's Football League (IWFL) for the IWFL Championship Weekend. Approval lEmployee EE Bowden ' Date April 5, 2013 Notes/Comments CITY OF ROUND ROCK HOTEL OCCUPANCY TAX (HOT) FUNDING AGREEMENT WITH INDEPENDENT WOMEN'S FOOTBALL 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 Independent Women's Football League (herein referred to as the "Applicant"). Pursuant to the terms of this Agreement, and responsive to the Applicant's 2012- 2013 Application/Request for Funding, the City hereby agrees to allocate the sum of Two Thousand, Five Hundred and No/100 Dollars ($2,500.00) 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: national promotional events advertising the IWFL Championship Weekend during IWFL regular season games and comedy shows, the placement of posters and banners at events nationwide, contracting with Thompson Marketing for public relations, press release distribution, local marketing, promotional video and DVD production, as well as newspaper, television and radio advertisements, as same relates to the IWFL Championship Weekend. 1.2 Distribution of Funds. The City will pay the total sum of Two Thousand, Five Hundred and No/100 Dollars ($2,500.00) 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. CA-i3-o3� 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, 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/facility; 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. 1.7 Term of Agreement. This Agreement is in effect for the City's fiscal year which begins October 1, 2012 and ends September 30, 2013. 2 1.8 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. 1.9 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 Applicant. Executed on the date below written by the following: INDEPENDENT WOMEN'S FOOTBALL LEAGUE By: Authorized Officer of App�scant `\ Printed Name: La��+-�o'� Title: C Eby Date Signed 4 ( zDt CITY OF ROUND ROCK, TEXAS By: flOP S77 .f.3 Date Signed FOR CITY, ATTEST: By: 411A/1.- Sara w/1Sara L. White, City Cler FOR CI , APPROVED AS TO FORM: By: Stephan L. Sheet City Attorney 3 C,T, ~Plead.