R-06-12-21-9A2 - 12/21/2006RESOLUTION NO. R -06-12-21-9A2
WHEREAS, the City of Round Rock has adopted a Hotel Occupancy Tax
in accordance with V.T.C.A., Tax Code §351.002, and
WHEREAS, the City evaluates funding requests from local agencies
to help fund community events which will directly enhance and promote
tourism and the convention and local hotel industry, and
WHEREAS, in accordance with V . T . C . A . , Tax Code §351.101, the City
has received a request for event funding from the Sam Bass Theatre
Association ("Agency"), and
WHEREAS, the City Council hereby determines that the requested
funds will be used for the encouragement, promotion, improvement, and
application of the arts, relating to the presentation, performance,
execution and exhibition of major art forms, and
WHEREAS, the City Council desires to enter into a Convention and
Visitors Bureau Event Funding Agreement with the Agency, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Convention and Visitors Bureau Event Funding
Agreement with the Agency, a copy of said agreement being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
0:\wdox\RESOLUTI\R61221A2.WPD/xmc
upon, all as required by the Open Meetings Act,
Government Code, as amended.
Chapter 551, Texas
RESOLVED this 21st day of December.. 2006
1#12LL, Mayor
City of Round Rock, Texas
ATTEST:
A� -) )6.
CHRISTINE R. MARTINEZ, City Secret4y
2
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
FUNDING AGREEMENT WITH
SAM BASS THEATRE ASSOCIATION
This City of Round Rock Convention and Visitors Bureau Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock (herein referred to as
the "City") and the Sam Bass Theatre Association (herein referred to as the "Applicant").
Pursuant to the terms of this Agreement, and responsive to the Applicant's 2006-2007
Application/Request for Funding, the City hereby agrees to allocate the sum of
Dollars ($ ) to the Applicant to fulfill
the statutorily -allowable purposes outlined by the City and by the Applicant herein.
1.1 PuLpose. The City has in good faith determined that funding under this
Agreement meets the purpose and requirements of V.T.C.A., Tax Code § 35 1. 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: the encouragement, promotion, improvement,
and application of the arts, including instrumental and vocal music, dance,
drama, folk art, creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts, motion pictures,
radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution, and exhibition of these major art
forms.
1.2 Distribution of Funds. The City will pay the total sum of
($ ) 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,
00107872/jkg
EEXHIBIT
x „A„
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 or the Round Rock Convention and
Visitors Bureau;
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, 2006 and ends September 30, 2007.
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:
SAM BASS THEATRE ASSOCIATION
Authorized Officer of Applicant
Printed Name:
Title:
Date Signed:
CITY OF ROUND ROCK, TEXAS
Nyle Maxwell, Mayor
Date Signed:
ATTEST:
M.
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
3
DATE:
SUBJECT:
ITEM:
Department:
Staff Person:
Justification:
December 15, 2006
City Council Meeting - December 21, 2006
9.A.2. Consider a resolution authorizing the Mayor to execute a
Convention and Visitors Bureau Funding Agreement with the Sam
Bass Community Theatre.
Convention and Visitor Bureau
Nancy Yawn, Director of Convention and Visitors Bureau
This resolution will fund the Sam Bass Community Theatre as requested on their application
submitted on April 2, 2006.
Funding•
Cost:
Source of funds:
Outside Resources:
$5,000.00
Hotel Occupancy Tax
Background Information•
N/A
A presentation of the Tourism Commission's recommendation was made to the Council by
Nancy Yawn at the June 22, 2006 Council Meeting.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
CONVENTION AND VISITORS BUREAU
FUNDING AGREEMENT WITH
SAM BASS THEATRE ASSOCIATION
This City of Round Rock Convention and Visitors Bureau Funding Agreement (herein
referred to as the "Agreement") is by and between the City of Round Rock (herein referred to as
the "City") and the Sam Bass Theatre Association (herein referred to as the "Applicant").
Pursuant to the terms of this Agreement, and responsive to the Applicant's 2006-2007
Ap li cation/Request for Funding, the City hereby agrees to allocate the sum of
Dollars ($ 5, CW. to the Applicant to fulfill
th 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: the encouragement, promotion, improvement,
and application of the arts, including instrumental and vocal music, dance,
drama, folk art, creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts, motion pictures,
radio, television, tape and sound recording, and other arts related to the
presentation, performance, execution, and exhibition of these major art
forms.
1.2 Distribution of Funds. The City will pay the total sum of
($ to the Applicant on or after the date
Mat 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,
00107872/jkg
k-o&-i#:t-aI-giq0.
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 or the Round Rock Convention and
Visitors Bureau;
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, 2006 and ends September 30, 2007.
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:
SAM BASS THEATRE ASSOCIATION
By:l
luthoriz2officer ofApplicant
PrintedName: KicL
Title: ;i
Date Signed: 13, Z
CITY OF ROUND ROCK, TEXASBy: _- )
We' xwell, Mayor
Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
APPROVE AS TO FORM:
By:
Stephan L. Sheets, City Attorney