ORDER N0. ^c7,:,01 RGREEMENT PETWEEN CITY OF KERRVILLE AND THE COUNTY OF KERR FOR USE OF HOTEL OCCUGANCY TAX REVENUES On this the 22nd day of October 2001, upon motion by Commissioner Let z, seconded by Commissioner^ Griffin, the Court unanimously approved by a vote 4-0-0, agreement between City of Kerrville and the County of Ker^r• for• use of Hotel Occupancy Tax revenues for improvements and author^ize the County Judge to sign the same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE / REVIEWED BY THE COURT. MADE BY: Fred Hen~Xl OFFICE: County Judge MEETING DATE: Oc ober 22, 2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Agreement between City of Kerrville and the County of Kerr for use of Hotel Occupancy Tax Revenues for improvements of Convention Center Facilities (Hill Country Youth Exposition Center) and authorize the County Judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation wIll be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. County Jude 5:00 P.M. previous Tuesday. AGREEMENT BETWEEN CITY OF KERRVILLE AND THE COUNTY OF KERR FOR USE OF HOTEL OCCUPANCY TAX REVENUES FOR IMPROVEMENT OF CONVENTION CENTER FACILITIES (IIILL COUNTRY YOUTH EXPOSITION CENTER) THIS AGREEMENT, made and entered into this Z~f day of`~~, 2001, between the City of Kerrville, Texas, a home mle 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 Codc 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 year 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 2001-2002 fiscal year to be used by County for the purpose of making certain improvements to the Center; NOW, THEREFORE, inconsideration 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 [n consideration of County's agreement to enter such contracts as may be necessary to renovate and improve the Center's concession facilities as specifically descnbed in that certain funding application submitted to City by the Commission, dated July 5, 2001, 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" ), City agrees to pay the County the sum of ELEVEN THOUSAND TWO HUNDRED NINETY-ONE AND NO/100 DOLLARS ($11,291.00) toward the performance of the Project. ARTICLE II Payment of funds hereunder shall be on a reimbursable basis and shall be made as follows: A. Payment dates shall be: November I5, 2001, February 15, 2002, May 15, 2002, and August l5, 2002 (individually hereafter called "Payment Date" and collectively called "the Payment Dates"). B. To receive payment, County must submit a written request to the City not later than 15 days prior to the above payment dates accompanied by a copy of invoices and/or receipts issued to County requesting or acknowledging payment for services rendered in furtherance of the purposes set forth in Article I. Any request for payment submitted later than the 15th day prior to a Payment Date will be carried over to the next Payment Date. C. No payment for any Payment Date shall exceed an amount equal to: 1.80% of the amount of motel occupancy tax revenues received by the City during the following periods: a. For the November 15, 2001, payment date, tax revenues received between the period beginning August 1 1, 2001, and ending November 1 Q 2001; b. For the February 15, 2002, payment date, tax revenues received between the period beginning November 11, 2001, and ending February 10, 2002; c. For the May 15, 2002, payment date, tax revenues received between the period of February 11, 2002, and May 10, 2002; d. For the August 15, 2002, payment date, tax revenues received between the period beginning May 11, 2002, and ending August 10, 2002; plus 2. if any reimbursement request for a Payment Date is less than the maximum reimbursement amount allowed for that Payment Date, the amount of such allocation that has not been previously paid since the effective date of this Agreement. D. The amount of any request for reimbursement, which exceeds the maximum amount for the Payment Date for which it is submitted, shall be carried over and added to the reimbursement request for the next Payment Date. E. County shall have the discretion to determine how to allocate the funds granted by the City among the permitted uses described above; however, the City's obligation to reimburse County shall not exceed $11,291.00, nor shall the City be obligated to reimburse ATG for requests delivered to City after August 10, 2002. AGREEMENT BETWEEN CITY OF KERRVILLE AND KERR COUNTY FOR HILL COUNTRY YOUTH ExPOSITION CENTER IMPROVEMENTS -PACE Z F. County agrees to separately 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 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 arc 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 2001-2002. County further understands, acknowledges, and agrees that ifthe tax revenues actually collected by the City are less than the estimated tax revenues to be collected during the City's fiscal year 2001-2002, City will be under no obligation to reimburse the County for the full amount set forth in Article I, above. ARTICLE V The term of this agreement is for a period beginning on October 1, 2001, and ending on September 30, 2002. ARTICLE VI County shall provide to City with its request for payment a 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 and the pulposes authorized by Texas Tax Code §351.101, as amended. County shall maintain books of account with correct entries of all expenditures that are made according to the terms ofthis agreement and offunds allocated from other sources. Any and all books of account of County relating to the use of the funds provided hereby 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) years following the expiration of the term for which they are applicable. Notwithstanding Article II, above, City shall be under no obligation to make any reimbursements ifthe reports required by this Article VI have not been delivered to City. AGREEMENT BETWEEN CITY OF KERRVILLE AND KERB COUNTY FOR HILL COUNTRY YOUTH EXPOSITION CENTER IMPROVEMENTS -PACE 3 ARTICLE VII This Agreement does not create any joint venture, partnership, or agency relationship between City and the Couuty, it being the intent of the Parties that County shall at all times be and operate hereunder as an independent contractor. County shall have exclusive control of, and the exclusive light 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 the 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 ofthe 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 iuntnmity, County covenants and agrees to, and does hereby indemnify, defend and hold harmless the City and all 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. AGREEMENT BETWEEN CITY OF KERRVILLE AND KERR COUNTY FOR HILL COUNTRY YOOTH EXPOSITION CENTER IMPROVEMENTS -PACE 4 ARTICLE XII County may not assign this Agreement without the writtcn 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. 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 that relate to matters in this agreement. SIGNED AND AGREED by City and County on the dates indicated below. CITY OF KERRVILLE, TEXAS By . S ep en P. Fine, Mayor _~~ ~_ z s ~~, L Date ATTEST: Sheila L Brand, City Clerk APPROVED AS TO FORM: G~ G~c-- Kevin B. Laughlin, City Attorne~ E:\LEGAL\FINANCE\IYINTRAtT\HfL-MR.\KERKCO ryOUfH EXHIBIT