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HomeMy WebLinkAboutResolution - 2008-R0062 - Agreement - Civic Lubbock Inc.- Administer HOT Funds For 2008 Music Festival - 02/14/2008Resolution No. 2008-R0062 February 14, 2008 Item No. 6.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Civic Lubbock, Inc., to administer hotel occupancy tax funds for the 2008 Lubbock Music Festival, and related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 14th day of February , 2008. DAVID A. MILLER, MAYOR ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: Freddy Ch ez, Director o Civic Services APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LLCAVRES-CLI Music Festival Agreement 08 ccdocsl, January 17, 2008 Resolution No. 2008-R0062 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement ("Agreement") effective as of February 14, 2008 ("Effective Date") is made by and between the City of Lubbock, a Texas home rule municipal corporation ("City"), and Civic Lubbock, Inc., a non-profit Texas corporation ("CLI"), for the purposes and considerations hereinafter expressed. WITNESSETH WHEREAS, in accordance with the License Agreement with the City of Lubbock dated September 21, 2005, CLI has created an Entertainment Task Force Standing Sub -Committee whose responsibilities involve the development, organization, coordination and funding of events that would take advantage of the various talent and venues associated with the City of Lubbock's entertainment industry while working collectively with entertainment entities throughout the region that would have a positive impact on tourism within the City; and WHEREAS, Sections 351.002 and 351.003 V.T.C.A Tax Code authorized and the City has imposed by ordinance a hotel occupancy tax in the amount of seven percent of the consideration paid by hotel occupants for a hotel room; and WHEREAS, Section 351.101 V.T.C.A. Tax Code authorizes revenue from the municipal hotel occupancy tax to be used only to promote tourism and the convention and hotel industry; and WHEREAS, the City Council finds that the 2008 Lubbock Music Festival will promote tourism and the convention and hotel industry; and WHEREAS, the CLI Entertainment Task Force Standing Sub -Committee will oversee and coordinate the 2008 Lubbock Music Festival; and WHEREAS, the City of Lubbock FY 2007-08 Budget was amended February 14, 2008, by Ordinance No. 2008-00, to appropriate and designate ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($175,000.00) from Hotel/Motel Tax Fund Balance for the Lubbock Music Festival; and NOW THEREFORE, City and CLI for and in consideration of the terms and conditions set forth in the Agreement hereby agree as follows: 1. The term of this Agreement commences on the Effective Date and continues without interruption until February 28, 2009. 2. In the event that CLI breaches any term and/or provision of this Agreement, City shall be entitled to terminate this Agreement immediately. 3. CLI shall submit to City, for advance approval, any portion of its annual budget utilizing municipal hotel occupancy tax funds. 4. The City hereby agrees to pay to CLI the sum of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($175,000.00) (the "Funds") to be paid upon the execution of the Agreement by both parties. 5. CLI agrees that said Funds shall be used for the 2008 Lubbock Music Festival and that CLI's Entertainment Task Force Standing Sub -Committee will oversee and coordinate the expenditure of these Funds. Any profits realized by the 2008 Lubbock Music Festival are not considered part of the Funds and will be Music Festival Agreement — City/Civic Lubbock, Inc. 2 retained by CLI for the funding of the Festival, Arts and Entertainment Grant Program administered by Civic Lubbock, Inc. 6. The payment provided by City shall be deposited pending disbursement in an interest bearing account at a federal insured depository of CLI's choosing. Only the principal shall be expended for the festival. The interest accumulated in CLI's account from the 2008 Lubbock Music Festival shall be reported to the City at the end of the term of this Agreement (but retained by CLI for the funding of future music festivals). 7. All Funds shall be spent in conformity, and CLI shall comply with all laws and provisions of Chapter 351 of the Texas Tax Code. 8. CLI shall maintain the Funds provided by the City in a separate account established for that purpose and may not commingle those Funds with any other money or maintain it in any other account. CLI shall maintain records that are necessary to substantiate the Funds expended. CLI shall, upon request and during normal business hours, provide access to its corporate books and records to the City. The cost of all audits deemed necessary by City shall be the responsibility of CLI (which may be paid from the Funds). 9. CLI shall make quarterly reports to the City Secretary with regard to such expenditures made by CLI and detailing how these Funds were expended. This report shall include a list of each scheduled activity, program or event that is directly funded by the Funds provided herein or has its administrative costs funded in whole or in part by such Funds, and is directly enhancing and promoting tourism and the convention and hotel industries. Music Festival Agreement — City/Civic Lubbock, Inc. 3 10. CLI shall indemnify and save harmless the City and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including, without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by the acts of CLI, its agents or employees, in the execution or performance, or omissions of performance, of or under the Agreement. EXECUTED this 14th day of February 2008. CITY OF LUBBOCK CIVI UBBOCK, INC. DAVID A. MILLER, MAYOR D s Title: President ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: Freddy C#Iavez Civic Services Director RKC ke/CLI City Agreement Music Festival 2008 January 17, 2008 ATTEST: William L� 1, Secretary FNIVIJ•.:-11f631191:45Ta Linda L. Chamales, Senior Attorney Music Festival Agreement - City/Civic Lubbock, Inc. 4