Loading...
HomeMy WebLinkAboutResolution No. 2012-057 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- ®h'"/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT WITH PIRATE DAYS OF TEXAS, INC., FOR THE 2012 PIRATE DAYS FESTIVAL; PROVIDING AN EFFECTIVE DATE WHEREAS, Pirate Days of Texas, Inc. is hosting a Pirate Days festival to be held at Stewart Creek Park October 20-21, 2012; and, WHEREAS, Pirate Days of Texas, Inc. has requested the City grant funds in the amount Fifty Thousand and No/100 Dollars ($50,000.00) for the event; and, WHEREAS, the City believes the festival will promote and attract conventions and tourism within the City, as well as benefiting its citizens and local businesses; and, WHEREAS, the City Council has determined it to be in the City's best interest to authorize the use of Special Events Funds, and to authorize the city manager to execute a Funding Agreement in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) for this purpose. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby authorizes the city manager to execute a Funding Agreement with Pirate Days of Texas, Inc. in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) from Special Events Funds to promote and enhance tourism in the City through the 2012 Pirate Days Festival. Section 2. That this Resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this day of t I 2012. J McCourry, Mayor ity of The olony, Texas ATTEST: . By: Christie Wilson, City Secretary APPROVED AS TO FORM: By: Jeff Mood, City Attorney ; STATE OF TEXAS § § FUNDING AGREEMENT COUNTY OF DENTON § This Funding Agreement (hereinafter referred to as the "Agreement") is made by and between the City of The Colony, Texas (hereinafter referred to as "the City"), and Pirate Days of Texas, Inc., a Texas nonprofit corporation (hereinafter referred to as "Pirate Days"), acting by and through their respective authorized officers. WITNESSETH: WHEREAS, Pirate Days will host a themed weekend festival October 20-21, 2012 (hereinafter referred to as the 'Festival"); and WHEREAS, the Festival will be held at Stewart Creek Park, which is leased and operated by the City (hereinafter referred to as the "Park"); and WHEREAS, Pirate Days anticipates the Festival will attract approximately 6,000 to 8,000 visitors and participants from throughout Texas and adjoining states; and WHEREAS, the City believes the Festival will promote and attract convention and tourism and benefit the City, its citizens and local businesses as well as local places of accommodation; and WHEREAS, Pirate Days has requested the funding for a portion of the Festival through the City of The Colony Special Events Funds; and WHEREAS, the City desires to assist Pirate Days in funding a portion of the Festival through Special Events Funds; and WHEREAS, the City has determined that entering into this Agreement with Pirate Days will further the objectives of the City and the objective of enhancing and monitoring tourism and the hotel industry and will be in the best interest of the City and local businesses. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: ARTICLE I Term This Agreement shall be effective on the date of execution hereof by the City and Pirate Days and shall continue until the parties have satisfied all of their respective obligations, unless sooner terminated as provided herein. ARTICLE II Agreement 2.1 Pirate Days requests that the City make a grant of Special Events Funds for the Festival in the amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) as follows: (a) All elements relating to the stage rental including, but not limited to, lighting, FUNDING AGREEMENT-PAGE 1 sound and other expenses as requested; (b) Equipment Rental, including but not limited to, tents, tables, chairs, props, ice truck, lights, generators, miscellaneous supplies; (c) Promotion expenses for promoting the City and tourism and the hotel industry, including but not limited to, ads, website, public appearances, and signage; (d) Performing arts and entertainment, to pay and acquire the services of various forms of performing arts including but not limited to accommodations and support expenses; and (e) Security costs for the Festival. 2.2 Pirate Days shall provide to the City accounting records, receipts, transactions and reports, including audit reports, related to the grant of Special Events Funds on the following: (a) Monthly upon receipt of funding from the City; (b) The first Monday one week after the event; (c) Thirty (30) days after the event; (d) A final report within sixty (60) days after the event including a detailed line item accounting of the grant funds; and (e) Pirate Days should obtain receipts for all spending, and if receipts cannot be obtained, Pirate Days should vouch for the expenditures by stating why receipts are not available. Pirate Days should procure signed written contracts with all perfonners. Pirate Days should also provide a detailed accounting of revenues and expenditures for operating the Festival besides providing the accounting of the grant funds. Pirate Days shall make said records available for inspection and copying by the City during normal business hours, with sufficient notice. 2.3 The City agrees to provide a grant of Special Events Funds to Pirate Days for the purposes set forth herein in an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000°00), as follows: (a) All elements relating to the stage rental including, but not limited to, lighting, sound and other expenses as requested; (b) Equipment Rental, including but not limited to, tents, tables, chairs, props, ice truck, lights, generators, and miscellaneous supplies; (c) Promotion expenses for promoting the City and tourism and the hotel industry, including but not limited to, ads, website, public appearances, and signage; (d) Performing arts and entertainment, to pay and acquire the services of various forms of performing arts including but not limited to accommodations and support expenses; and FUNDING AGREEMENT-PAGE 2 (e) Security costs for the Festival. 2.4 The City agrees to provide to Pirate Days for its use during the Festival a City stage. 2.5 Pirate Days agrees to acquire at Pirate Days sole expense within thirty (30) days of the Effective Date of this Agreement a commercial crime/fidelity bond, or other performance bond or insurance in a form acceptable to the City Manager, and in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) which properly protects the City and guarantees performance under this Agreement. 2.6 Pirate Days agrees, as a condition of receipt of the grant, to hold the Festival within the city limits of the City. 2.7 The City agrees to waive any fees associated with the usage of the Park. 2.8 Pirate Days shall make appropriate arrangements to be able to report to the City regarding the number of room nights consumed for those attending this event. 2.9 Pirate Days should purchase insurance to properly protect the City from any liabilities arising out of the Festival. Said insurance contracts should be provided to the City. ARTICLE III Termination and Recapture 3.1 Termination Events. This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof, (b) by the City, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable; (d) by Pirate Days, if the City fails to provide funding for the purposes recited herein; (e) by the City, if Pirate Days fails to use all of the funds for the purposes provided in Sections 2.1 and 2.3 of this Agreement; and (f) by the City, if Pirate Days fails to provide required timely accounting of the use of Special Events Funds as required in Section 2.2 of this Agreement. 3.2 Recapture. In the event of termination under Section 3.1 of this Agreement, the non- defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure said default. Should said default remain uncured as of the last day of the applicable cure period, and the non-defaulting party is not otherwise in default, the non-defaulting party shall have the right to immediately terminate this Agreement, enforce specific performance as appropriate, or maintain a cause of action for damages caused by the event(s) of default. In the event Pirate Days defaults and is unable or unwilling to cure said default within the prescribed time period, the FUNDING AGREEMENT-PAGE 3 Grant of Special Events Funds in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) shall become immediately due and payable by Pirate Days to the City. Further, in the event that the Special Events Funds are not used for the Festival as provided herein, then Pirate Days shall return any unused funds paid by the City for the Festival. ARTICLE IV Miscellaneous Provisions 4.1 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 4.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 4.3 Assignment. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the express written consent of the City Manager and City Council. 4.4 Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. Pirate Days warrants and represents that the individual or individuals executing this Agreement on behalf of Pirate Days has full authority to execute this Agreement and bind Pirate Days to the same. The City warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. 4.5 Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. 4.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 4.7 Effective Date. The effective date of this Agreement shall be the date of the later to execute this Agreement by Pirate Days and the City. 4.8 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 4.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.10 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth with the signature of the party. FUNDING AGREEMENT-PAGE 4 4.11 Time is of the Essence. Time is of the essence in the perfonnance of this Agreement. 4.12 Undocumented Workers. Pirate Days certifies that Pirate Days does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, Pirate Days is convicted of a violation under 8 U.S.C. § 1324a(f), Pirate Days shall repay the amount of the public subsidy provided under this Agreement plus interest, at the rate of six percent (6%), not later than the 120th day after the date the City notifies Pirate Days of the violation. [The Remainder of this Page Intentionally Left Blank] FUNDING AGREEMENT-PAGE 5 EXECUTED this day of , 2012. PIRATE DAYS OF TEXAS, INC. A Texas nonprofit corporation By: Nancy Dillard, Chairman EXECUTED this day of 12012. CITY OF THE COLONY, TEXAS A Texas home-rule municipality By: Troy Powel ,-C anager ATTE By: Christie Wilson, City Secretary APPROV_ED_ AS TO FORM AND LEGALITY: By: l Jeff Moore, Qity Attorney PIRATE DAYS' ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 2012, by Nancy Dillard, Chairman of Pirate Days of Texas, Inc., a Texas non-profit corporation, on behalf of said corporation. Notary Public, State of Texas My Commission expires: CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the i 1 day of ~t 2012, by Troy Powell, City Manager of the City of The Colony, Texas, a Texas municipality, on behalf of said municipality. f f ~ 1 i ly°, ~ Notary Public, State of Texas My Commission Expires: P~ , LISR CAE P{ENDERSON nhY COMD~ISSIOR EXPIRES : _ WOWi,2012