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HomeMy WebLinkAbout08-8-96-7-i - Resolution - 08/08/1996C so[ution RESOLUTION NO. 8- 8- 5 6- 7 - ~ A RESOLUTION FINDING CERTAIN FACTS, A PUBLIC PURPOSE, AND APPROVING A FUNDING AGREEMENT WITH THE GEORGE BUSH PRESIDENTIAL LIBRARY FOUNDATION. WHEREAS, the George Bush Presidential Library Foundation (the "Foundation") is the principle private entity responsible for the promotion, fund- lng, construction, and operation of the George Bush Presidential Library Center, which will include the George Bush Presidential Library & Museum, the Presiden- rial Conference Center, and the Academic Facility. Among other things, the Presi- dential Conference Center will include the International Center and several audito- rium and meeting rooms. The Academic Facility will include the George Bush School of Government & Public Service, the Center for Presidential Studies, and the Center for Public Leadership Studies, as well as other academic programs and institutions; WHEREAS, the Foundation has requested that the City provide the Foundation with financial assistance fi.om the City's hotel occupancy tax fund for the purposes of advertising, conducting solicitations and promotional programs for the George Bush Library & Museum and the Presidential Conference Center; WHEREAS, subsections 351.101(a)(3) and (5) of the Texas Tax Code authorize municipalities to promote tourism and the convention and hotel industry by using revenues fi.om the hotel occupancy tax for the purposes of advertising and conducting solicitations and promotional programs to attract tourists to the municipality or its vicinity and to encourage tourists to visit historic sites or muse- ums in the municipality; WHEREAS, the City Council of the City of College Station has considered the Foundation's request for financial assistance from the City's hotel occupancy tax fund and heard and considered evidence of how the Foundation's advertising and promotion of the George Bush Library & Museum and the Presidential Conference Center will fulfill the public purposes of promoting tourism and the hotel industry in the City and the surrounding areas; WHEREAS, the College Station City Council has determined that the construc- tion and operation of the George Bush Presidential Library Center, along with its many regular programs, academic activities and programs, and special events will greatly promote and contribute to the development of tourism in the City, Brazos County, and the surrounding area by attracting tourists, students, scholars, and government and other official visitors from across the country and overseas; RESOLUTION NO. 8-8- 96- 7- i Page 2 WHEREAS, the College Station City Council has determined that such advertis- ing solicitation, and promotional programming will serve an important public purpose, namely the promotion and expansion of tourism and the hotel industry in the City, the County, and the surrounding area; and WHEREAS, the College Station City Council has further determined that a Funding Agreement, in the form attached hereto, and the specific terms contained therein, provide adequate safeguards and controls for the City to ensure the fulfill- ment of this public purpose, and that the City has sufficient funds available to meet the obligations imposed by this Funding Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1 That the City Council of College Station finds as follows: (a) the construction and operation of the George Bush Presidential Library Center, along with its many regular programs, academic activities and programs, and special events will greatly promote and contribute to the development of tourism in the City, Brazos County, and the surrounding area by attracting tourists, students, scholars, and government and other official visitors from across the country and overseas; (c) advertising, solicitation, and promotional programming for the George Bush Presidential Library Center by the George Bush Presidential Library Foundation will serve an important public purpose, namely the promotion and expansion of tourism and the hotel industry in the City, the County, and the surrounding area; the Funding Agreement, in the form attached hereto, and the specific terms contained therein, provide adequate safeguards and controls for the City to ensure the fulfillment of this public purpose; and (d) the City has sufficient funds available to meet the obligations imposed by this Funding Agreement. Section 2 That the City of College Station hereby approves the Foundation's request for financial assistance from the City's Hotel Occupancy Tax Fund in the amount of $50,000 for this fiscal year and for $50,000 for each of two successive years, through Fiscal 1997-1998, if the Council and the Foundation should agree to renew the Funding Agreement for each of those two fiscal years. RESOLUTION NO. 8-8-96-7-i Page 3 Section 3 That Mayor Lynn Mcllhaney is hereby authorized to execute the Funding Agreement in the form attached hereto and that the City Manager is hereby authorized to take those steps reasonable and necessary to comply with the intent of this Resolution. Section 4 That this Resolution shall take effect immediately from and after its passage. PASSED and APPROVED this 8th day of August, 1996. APPROVED: ~ MCILHANEY, Mayor CONNIE HOOKS, City Secretary FUNDING AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the "City") and the George Bush Presidential Library Foundation, a non-profit organization (the "Foundation"). WHEREAS, the Foundation is the principal private entity responsible for the promotion, funding, construction, and operation of the George Bush Presidential Library Center (the "Center"), which will include the George Bush Presidential Library & Museum, the Presidential Conference Center, and the Academic Facility. Among other things, the Presidential Conference Center will include the International Center and several auditorium and meeting rooms. The Academic Facility will include the George Bush School of Government & Public Service, the Center for Presidential Studies, and the Center for Public Leadership Studies, as well as other academic programs and institutions; WHEREAS, the College Station City Council has determined that the construction and operation of the Center, along with its many regular programs, academic activities and programs, and special events will greatly promote and contribute to the development of tourism in the City, Brazos County, and the surrounding area by attracting tourists, students, scholars, and government and other official visitors from across the country and overseas; WHEREAS, the Foundation has requested that the City provide the Foundation with financial assistance from the City's hotel occupancy tax fund for the purposes of advertising, conducting solicitations and promotional programs for the George Bush Library & Museum and the Presidential Conference Center; WHEREAS, the College Station City Council has determined that such advertising, solicitation, and promotional programming will serve an important public purpose, namely the promotion and expansion of tourism in the City, the County, and the surrounding area, and that the City will, thereby, receive adequate compensation from the Foundation in exchange for the City's financial assistance; WHEREAS, the College Station City Council has further determined that this Agreement and the specific terms contained herein, provide adequate safeguards and controls for the City to ensure the fulfillment of this public purpose; WHEREAS, subsections 351.101(a)(3) and (5) of the Texas Tax Code authorize municipalities to promote tourism and the convention and hotel industry by using revenues from the hotel occupancy tax for the purposes of advertising and conducting solicitations and promotional programs to attract tourists to the municipality or its vicinity and to encourage tourists to visit historic sites or museums in the municipality; and WHEREAS, on July 11, 1996, the College Station City Council approved the resolution attached hereto as Exhibit A, authorizing a grant of $50,000 per year for three successive fiscal years to the Foundation from the City's hotel occupancy tax fund, finding that the City currently has sufficient financial resources to pay this obligation in full if necessary, and approving the execution of this Agreement in order to ensure the fulfillment of the foregoing public purpose; js/c/aug96/document/bushk, doc 8/29/96 Page 1 of 4 NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The term of this Agreement is from the date of its execution to September 30, 1996. If approved by the City Council and the Foundation, this Agreement may be renewed annually thereafter for up to two of the City's fiscal years (October 1 - September 30). Under no circumstances, may this Agreement be renewed or extended beyond the end of the second fiscal year, September 30, 1998. 2. Upon execution of this Agreement, the City's Director of Budget & Research is authorized to convey a grant of Fifty Thousand Dollars and No Cents ($50,000.00) from the City's Hotel Occupancy Tax Fund to the Foundation during each of the City's fiscal years that this Agreement is in effect. The date and manner of delivery for this grant to the Foundation shall be in the sole discretion of the City. Under no circumstances, may the City convey more than Fifty Thousand Dollars in any fiscal year and under no circumstances may the City convey more than $150,000 total under this Agreement or any authorized renewal or extension hereof. 3. The Foundation agrees that all of the monies received from the City pursuant to this Agreement shall be used for the specific purpose of promoting tourism and the hotel industry in the City, the county, and the surrounding area by advertising and conducting solicitations and promotional programs to attract tourists to the George Bush Presidential Library Center, including the George Bush Presidential Library and Museum and the Presidential Conference Center, and to the municipality. Specifically, the Foundation agrees to use all of the monies received from the City pursuant to this Agreement to fund the following advertising and promotional activities: A. The development and distribution of informational and educational material (both printed and video) to attract visitors to the George Bush Presidential Library Center. B. The development and implementation of an internet web site to provide information on the George Bush Library & Museum for stimulating visitor interest. C. The development of materials and implementation of special programs and ceremonies to promote, advertise, and implement the national dedication and opening day activities of the George Bush Presidential Library Center in the fall of 1997. D. The development and production of educational materials for use by elementary and secondary school teachers and students, both inside and outside the College Station area, to attract and enhance organized school visitation to the George Bush Library & Museum. 4. The Foundation agrees to and shall not spend any of the monies provided by the City pursuant to this Agreement for any purpose other than as explicitly set forth herein. The Foundation further agrees that all monies provided by the City pursuant to this Agreement shall only be spent as authorized by, and in full compliance with, all applicable federal, state, and local laws, regulations, and ordinances. 5. The Foundation agrees that in the event that some or all of the monies provided to the Foundation by the City under this Agreement are not needed by the Foundation for funding the specific activities set forth herein, the Foundation shall immediately notify the City of this fact and refund any of the unneeded funds to the City. js/c/aug96/documcntffoushk, doc 8/29/96 Page 2 of 4 6. The Foundation agrees that no later than September 20, 1996, and no later than August 15, 1997, and August 15, 1998, in the event that this Agreement is renewed as provided herein, the Foundation will provide the City's Budget and Research Department with a written report showing the following: (1) the amount of funds received by the Foundation under this Agreement, (2) the amount of these funds that have been spent by the Foundation; (3) the specific manner in which these funds were spent, with a narrative description of each promotional activity or program and an itemization of the costs therefor; and (4) the dates and recipients of disbursements of these funds. 7. Release. The Foundation agrees to assume full responsibility for the receipt and expenditure of the grant monies to be provided by the City hereunder. The Foundation hereby releases, relinquishes, and discharges the City, its officers, employees, agents, and volunteers from all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any breach of contract, injury to or death of any person, any loss of or damage to any property, and any other claim for damages that is caused by, alleged to be caused by, arising out of, or in connection with this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such breach, injury, death, loss, damage, or other claim was caused in whole or in part by the negligence of the City. 8. Indemnification. To the fullest extent permitted by law, the Foundation agrees to and shall indemnify, hold harmless, and defend the City, its officers, employees, agents, and volunteers from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind and character, including all expenses of litigation, court costs, and attorney fees for any breach of contract, for any injury to or death of any person, for any damage to or loss of any property, or for any other claim for damages that arises out of or is in connection with this Agreement or the subject matter hereof This indemnification shall apply regardless of whether such breach, injury, death, damage, loss, or other claim is covered in whole or in part by insurance and regardless of whether it is caused in whole or in part by the negligence of the City. 9. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 10. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 11. No amendments to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. 12. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. js/c./aug96/document~ushk, doc 8/29/96 Page 3 of 4 13. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the fight of the Owner to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 14. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this Agreement. SIGNED, this the __ day of 1996. GEORGE BUSH PRESIDENTIAL LIBRARY FOUNDATION CITY OF COLLEGE STATION BY: DONALD WILSON Executive Director BY: (~5~7.. ~..~hr~ L~'MclLHANEY, Ma3~or APPROVED: GEORGE K. NOE, City Manager APPROVED AS TO FORM: ROXANNE NEMCIK, Acting City Attorney APPROVED AS TO FINANCING: CHARLES CRYAN Director of Budget & Research js/c/aug96/document/bushk, doc 8/29/96 Page 4 of 4