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AGREEMENT BETWEEN CITY OF KERRVILLE AND THE COUNTY OF
KERR FOR USE OF HOTEL OCCUPANCY TAX REVENUES FOR
IMPROVEMENT OF CONVENTION CENTER FACILITIES (HILL COUNTRY
YOUTH EXPOSITION CENTER)
THIS AGREEMENT, made and entered into this /Z day of ~~~,,,~~~ , 1999,
between the City of Kerrville, Texas, a home rule municipal corporation, hereinafter referred to as
"City", and the County of Kerr, a subdivision of the State of Texas, hereinafter referred to as
"County".
WITNESSETH:
WHEREAS, the City levies a tax within the City upon the occupancy of any room or space
furnished by any hotel or motel, and, pursuant to the provisions of Texas Tax Code Ann. § 351.101-
106 (Vernon 1992), may use such tax revenues for the construction, improvement, enlarging,
equipping, repairing, operation, and maintenance of convention center facilities; and
WHEREAS, County owns and operates an exhibition hall and convention facility located
within close proximity to the City's incorporated limits which is known as the Hill Country Youth
Exposition Center ("the Center"); and
WHEREAS, the Center is used throughout the yeaz for conventions, exhibitions, and other
similar events which attract tourists and convention registrants to the City; and
WHEREAS, County has requested an allocation of City's hotel occupancy tax revenues for
the 1999-2000 fiscal year to be used by County for the purpose of making certain improvements to
the Center;
NOW, THEREFORE, in consideration of the covenants and conditions stated herein, and in
consideration of the mutual benefits which will accrue to each of the parties hereof, as well as to the
citizens of the City of Kerrville, Texas, City and County agree as follows:
ARTICLE I
County agrees to enter such contracts as may be necessary to renovate and improve the
Center's restroom facilities as specifically described in that certain firnding application submitted to
City by the Commission, dated June 30, 1999, which application and its attachments are on file in
the office of the City Clerk, incorporated herein by reference, and made a part of this agreement for
all purposes (hereafter referred to as "the Project").
ARTICLE II
In consideration of County conducting the Project, City agrees to pay the County the sum
of fourteen thousand, four hundred and eighteen dollazs ($14,418.00) towazd the perforrnance of the
Project. Payment of funds by City to County pursuant hereto shall be solely on a reimbursable basis.
To receive payment, County must:
A. Enter one or more written contracts for services related to the performance of the Project,
which contracts shall have been authorized and signed pursuant to and in compliance with
applicable provisions of State law regarding the expenditure of county funds for the purchase
of goods and services by counties; and
B. Submit to City on or before September 15, 2000, one or more written requests for payment,
totaling no more than $14,418.00, accompanied by a copy of an invoice issued to County
requesting payment for services rendered in furtherance of the Project.
City agrees to make payments based on approved requests for payment not later than fifteen (15)
days after receipt. City shall not be obligated to reimburse County based on requests for
reimbursement delivered to City after September 15, 2000.
ARTICLE III
County agrees, upon request of City, to provide City with copies of requests for bids, bid
submissions, and contract documents related to any request for payment submitted to City.
ARTICLE IV
County understands that monies paid by City to County under this Agreement are derived
from the tax revenues collected under the City's hotel occupancy tax ordinance, and that the City has
estimated said tax revenues to be collected during the term of this agreement in its budget for the
fiscal year 1999-2000. If the tax revenues actually collected by the City during the fiscal year fall
below the estimated tax revenues to be collected during each calendar quarter under the City budget
for the fiscal year 1999-2000, then the City shall have the right to reduce the total of the above
described payments to the County by the same percentage that such tax revenues actually collected
were less than the said estimate of tax revenues to be received. County agrees to sepazately account
for the funds provided by City pursuant to this Agreement on the County's accounting records so as
to avoid commingling said funds with other funds and accounts of the County.
ARTICLE V
The term of this agreement is for a period beginning on October 1, 1999, and ending on
September 30, 2000.
AGAEEP9FNT RRTWF.EN r~TV OF KPRRyR,LE AND KFRR CQIINTV
E4BHILI. CQIINTRV VOUTH ExPSLSITION C~rNTFR IMPROVFMFNTS - PAaR 2
ARTICLE VI
County shall provide to City on a quarterly basis during the term of this agreement, written
reports and full documentation showing the expenditures made on the Project and that the funds
provided by City pursuant to this Agreement were used only for the performance of the Project.
County shall maintain books of account with correct entries of all expenditures which aze made
according to the terms of this agreement and of funds allocated from other sources. Any and all
books of account of County shall be at all times open to the inspection of the City or any of its
officers or duly authorized agents. Upon such inspection, the City or its officers or agents shall be
afforded the opportunity on premises to make photographic copies of any and all documentation of
books of account, including but not limited to statements of account relating to the disposition of
funds provided by the City under this agreement and funds allocated from other sources. County
shall maintain these books of account in Kerr County for a period of three (3) yeazs following the
expiration of the term for which they aze applicable. Notwithstanding Article II, above, City shall
be under no obligation to make any reimbursements if the reports required by this Article VI have
not been delivered to City.
ARTICLE VII
County shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. County shall have exclusive control of, and the exclusive right to
control the details of the work to be performed hereunder and all personnel performing same, and
shall be solely responsible for the acts and omissions of its officers, members, agents, servants,
employees, subcontractors, program participants, volunteers, licensees, and invitees. In no event
shall any person participating in or performing any of County's duties or responsibilities hereunder
be considered an officer, agent, servant, or employee of the City.
ARTICLE VIII
In the event of any default by County hereunder, including, but not limited to, use of the
funds provided herein for purposes other than those stated in Article I, above, City may cease all
future payments hereunder and terminate this agreement. In addition, County shall, at City's request,
refund to City funds that are not spent in accordance with this agreement and any unspent and
unobligated funds previously paid to County.
ARTICLE IX
County agrees to assume and does hereby assume all responsibility and liability for damages
sustained by persons or property, whether real or asserted, by or from the carrying on of work or in
the performance of services performed and to be performed hereunder. To the extent allowed by
State law, and without waiving County's claims or defenses of sovereign immunity, County
covenants and agrees to, and does hereby ind~mnlfYr defend and hold. harmless the City and all
AGRRRMFNT RFTYYEEN CITY OF KFRRVILLE ANRI~EBB COllNTY
FOBHILL~COllNTRY. YOnTH RXPOSITION CFNTFR rMPROVEMFNTC -PAGE 3
its officers, agents, and employees from all suits, actions, claims, and expenses of any character,
including attorney's fees, brought for or incurred on account of any injuries or damages, whether real
or asserted, sustained by any person or property by or in consequence of any negligent act, omission,
or conduct of County, the Commission, and their respective agents, servants, employees, or
contractors.
ARTICLE X
This agreement may be amended by the mutual agreement of the parties hereto in writing to
be attached to and incorporated into this agreement.
ARTICLE XI
County shall adhere to all local, state, and federal laws and regulations that may affect its
actions made pursuant to this Agreement, and shall maintain in effect during the term of this
agreement any and all federal, state and local licenses and permits which may be required of County
generally.
ARTICLE XII
County may not assign this Agreement without the written consent of the City Manager, or
his designee.
ARTICLE XIII
The waiver by City of any breach of any term, condition, or covenant herein contained shall
not be deemed a waiver of any subsequent breach of the same, or any other term, condition, or
covenant.
ARTICLE XIV
The obligations of the parties to this agreement are performable in Kerr County, Texas, and
if legal action is necessary to enforce same, exclusive venue shall lie in Kerr County, Texas.
ARTICLE XV
This agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
AGREEMENTBETwEEN CITY OF KFRRVrI 1 F AND KFRR C~OnNTY
EQR_HILL COQNTRV VQUTH RXPOCITION C~FNTER IMPROVFMFNTS -PAGES
ARTICLE XVI
This agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
ARTICLE XVII
Neither City nor County shall be required to perform any term, condition or covenant in this
agreement so long as such performance is delayed or prevented by force majeure, which shall mean
acts of God, civil riots, floods and any other cause not reasonably within the control of City or
County except as herein provided, and which by the exercise of due diligence City or County is
unable, wholly or in part, to prevent or overcome.
ARTICLE XVIII
This agreement embodies the complete agreement of the parties hereto, superseding all oral
or written previous and contemporary agreements between the parties which relate to matters in this
agreement.
SIGNED AND AGREED by City and County on the dates indicated below.
CITY OF KERRVILLE, TEXAS
(J~~~
By Lt„
Ben .Low, Mayor
/2
Date
COUNTY OF KERR
By
Fre/d Henneke, County Judge
Date
ATTEST:
~~~y!~~~~~ ;~
ella L Brand, City Clerk
ATTEST:
Bi ie~.~vleeker, County Clerk
Jannett Pieper
AGREEMENT RFTWFFN CITY_QF__KERRVILLF ANI) KFRR r(1I7NTy
F4R HII ~t, rOrINTRY YOUTH RXPnSITION CFNTFR IMPROVFMFNTS ~ASiE ~
APPROVED AS TO FORM: APPROVED AS TO FORM:
~~ ~~ ~~;
Kevin B. Laughlin, City Attorney
C.\WMOOW S\TEMPUCerr Co (Youth Enhibir Cv) 1999.wpd
AS,REEkIED'T EETSYEEYCiTY 4E KER~tVi11 F.Ayp_KEgRCQS]I3TY
FDB HILIa-COUIYTBY YQSITH. ESPOSITIOYCEYTEB IR7PROYEMENTS~~GE~t