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11 - Hotel Occupancy Tax Agreement Amendment No. 1Item No. 11 Memorandum TO: Mayor Mayor Pro Tem City Council FROM: Robert G. Vine, Assistant City Manager SUBJECT: Amendment No. 1 to Hotel Occupancy Tax Agreement between City of Paris and Lamar County Chamber of Commerce DATE: August 14, 2023 BACKGROUND: The City of Paris and the Lamar County Chamber of Commerce entered into a Hotel Occupancy Tax (HOT) Agreement with the effective date of October 1, 2016. This agreement stipulated the City obligating 95% of the HOT collected to the Chamber while retaining 5% of the HOT "to pay City's administrative cost, and for the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris and consistent with state law", STATUS OF ISSUE: Staff have used HOT funds to partially, or fully, fund two projects over the past year, the Lake Crook Boat Ramp and an adjacent floating boat dock. With the current agreement in place regarding the use of HOT funds, approval was obtained from both the City Council and the Lamar County Chamber of Commerce Board. Over the past several months, discussions were had with respect to an opportunity to amend the original agreement by removing the requirement to limit the HOT fund of only paying for administrative costs to instead authorize "for the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris and consistent with state law". As a result of these conversations, this proposed amendment was drafted and presented to the Lamar County Chamber of Commerce Board, which they subsequently signed. BUDGET: Based on our current account balance that has accrued since the signing of the original 2016 agreement, this amendment would provide access to approximately $406,000 of HOT funds for eligible projects with no special restrictions limiting the funds to administrative costs. The intent, though not a limitation, of this amendment is to use the funding the City retains on eligible costs that improve public property (ex: Lake Crook). OPTIONS: 1. Approve the adoption of Amendment No. 1 to the Hotel Occupancy Tax Agreement with the Lamar County Chamber of Commerce. 2. Opt to leave the Hotel Occupancy Tax Agreement with the Lamar County Chamber of Commerce as written and do not adopt Amendment No. 1. RECOMMENDATION: 1. Approve the adoption of Amendment No. 1 to the Hotel Occupancy Tax Agreement with the Lamar County Chamber of Commerce. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AMENDMENT NO. 1 TO THE HOTEL OCCUPANCY TAX AGREEMENT DATED OCTOBER 1, 2016 BETWEEN THE CITY OF PARIS, TEXAS AND LAMAR COUNTY CHAMBER OF COMMERCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris ("City") and the Lamar County Chamber of Commerce ("Chamber") entered into a Hotel Occupancy Tax Agreement effective October 1, 2016 (the "Agreement") whereby the City contracted with the Chamber for the management of hotel occupancy taxes ("HOT") collected by the City; and WHEREAS, pursuant to said Agreement, the City is obligated to forward 95% of HOT collected to the Chamber while retaining 5% of the HOT "to pay City's administrative costs, and for the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris and consistent with state law;" and WHEREAS, the parties to said Agreement find it desirable to expand the purposes for which the City may expend the retained HOT to include expenditures for capital improvements on City -owned property which meet the requirements of the HOT statute (Texas Tax Code Chapter 351). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Amendment No. 1 to Hotel Occupancy Agreement dated October 1, 2016 attached hereto as Exhibit A and incorporated herein by reference is hereby approved and the Mayor his hereby authorized to execute same on behalf of the City. Section 3. That this Resolution shall be effective upon passage. PASSED AND APPROVED this 14th day of August, 2023. Reginald B. Hughes ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney AMENDMENT NO.1 TO HOTEL OCCUPANCY TAX AGREEMENT DATED OCTOBER 1 2016 WHEREAS, the City of Paris, Texas ("City") and the Lamar County Chamber of Commerce ("Chamber") entered into a Hotel Occupancy Tax Agreement (the "Agreement') with the effective date of October 1, 2016 whereby the City contracted with the Chamber for the management of hotel occupancy taxes ("HOT") collected in the City; and WHEREAS, pursuant to said Agreement, the City is obligated to forward 95% of HOT collected to the Chamber while retaining 5% of the HOT "to pay City's administrative costs, and for the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris and consistent with state law;" and WHEREAS, the parties to said Agreement find it desirable to expand the purposes for which the City may expend the retained HOT to include expenditures for capital improvements on City -owned property which meet the requirements of the HOT statute (Texas Tax Code Chapter 351). WITNESSETH: The City and Chamber hereby agree to amend Section 1, paragraph 2 of the Agreement (a copy of which is attached hereto and incorporated herein by reference as Exh b t,A) to read as follows: Section 1 Responsibilities of Parties. Cil _sha11 1. ... 2. Retain five percent (5%) of quarterly Hotel Occupancy Tax proceeds to be used in the following manner: a. To pay CITY's administrative costs. b. For the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris and consistent with state law. c. For capital improvements on CITY -owned property as approved by the City Council of Paris and consistent with state law. This Amendment No. One shall become effective upon the last date of execution hereof. ATTEST: CITY OF PARIS, TEXAS Janice Ellis, City Clerk Reginald B. Hughes, Mayor APPROVED AS TO FORM: Stephanie H. Harris, City Attorney LAMA.R COUNTY CHAMBER OF COMMERCE: President Chairman of the Board �.... ............. REMAINDER OF PAGE LEFT BLANK STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged before me on this _ day of By Reginald B. Hughes, Mayor of the City of Paris, Texas. Texas Notary Public My Commission Expires: 2023, This instrument was acknowledged before me on this.2 / day of 2023, By„. .,M ww President, Lamar County Chamber of Commerce. as My Commission Expires: LISA FOLLMAR NOTARY PUBLIC STATE OF TEXAS * ID # 133448401 AoFti My Comm. Expires 11-162025 a” t , This instrument was acknowledged before me on day of r �,, 2023, u BY .. m....� _ u� Chairman of the Board, Lamar County Chamber of Commerce. ."�, r��P '` c ds Notary Public My Commission Expires: ( . � ... .:. A LISA FOLLMAR NOTARY PUBLIC *f STATE OF TEXAS ter y 10#133448401 �TFOF�+:F YComm Expires 11-16-2025 This Agreement shall be between the City of Paris, Texas, a home rule municipal corporation (hereinafter CITY), and the Lamar County Chamber of Commerce, a 5010-6 not- for-profit corporation (hereinafter CHAMBER), which in consideration of the mutual covenants, agreements, stipulations, and payments, do hereby contract and agree as follows. Section 1. Res onsibilities of Parties. CITY shall: 1. Convey to CHAMBER quarterly distributions of the Hotel Occupancy Tax collected pursuant to state law. 2. Retain five percent (5%) of quarterly Hotel Occupancy Tax proceeds to pay CITY's administrative costs, and for the purpose of funding special purpose grants to enhance tourism as approved by the City Council of Paris, and consistent with state law. CHAMBER shall: L Operate, support, fund, staff, and otherwise maintain an active Visitors and Convention Council (VCC) for the purpose of promoting tourism and the convention and hotel industry within the City of Paris. 2. Use three -sevenths of HOT proceeds received from CITY for operation and maintenance of LCC facilities, and other such proceeds as are generated by or contributed to, the LCC facilities to use, staff, maintain, and operate the Love Civic Center (LCC) facilities for the operation of a conference, meeting, convention, and exhibit center for holding conventions, meetings, exhibits and other events and activities to attract conventions, tourists, and other visitors and for the benefit of the City and the general public. 3. Deposit all Hotel Occupancy Tax (HOT) proceeds into a separate banking account at a local financial institution which is federally chartered and FDIC -insured in such a manner that no other funds of CHAMBER are or can be comingled with HOT proceeds. 4. Submit for approval by CITY, on or before August 1 of each year, a proposed annual program of work and budget for the VCC and for LCC facilities. 5. Submit minutes of the meetings of the VCC and LCC board to CITY within thirty (30) days of approval of said minutes. 6. Comply with all state statutes and city ordinances pertaining to the use of leased facilities and of Hotel Occupancy Tax proceeds. 7. Maintain complete and accurate financial records of all expenditures of HOT and make such records available for review and inspection upon request of CITY. 8. Provide written quarterly reports to CITY, summarizing revenues and expenditures, as well as convention and tourism activities and statistics, and present such reports verbally upon request of CITY. 9. May, at its discretion, contract with qualified third parties to provide high quality promotion of tourism and the hotel industry. 10. May, at its discretion, establish operating policies and procedures that give day -of -the - week preference to activities and events at the LCC that are most likely to result in out-of-town visits which in turn will increase HOT proceeds and promote the hotel industry. 11. Subject to reasonable availability, provide to CITY six rent-free uses of LCC facilities; provided, however, CITY shall reimburse LCC for any damages, and shall make every reasonable effort to use LCC facilities on weekdays instead of weekend days. 12. Subject to reasonable availability, provide to Paris Junior College three rent-free uses of LCC facilities for college related functions; provided, however, that college shall provide a reasonable damage deposit and/or insurance coverage for each event and reimburse LCC for any damages. 13. Subject to reasonable availability, provide to the VCC three rent-free uses of LCC facilities for VCC related functions; provided, however, that VCC shall provide a reasonable damage deposit and/or insurance coverage for each event and reimburse LCC for any damages. 14. Maintain responsibility for all costs associated with the maintenance and operation of the LCC facilities, including all capital expenditures deemed necessary to keep any and all facilities in the same condition as of the date of execution of this agreement (normal wear and tear excluded) throughout the term of this Agreement. 15. Take every reasonable effort and accommodation to ensure accessibility to the LCC facilities by persons with disabilities. Section 2. Future HOT rate increases. Should CITY adopt, consistent with state law, an assessment rate increase in the Hotel Occupancy Tax, CITY shall establish a Capital Reserve Account into which CITY shall deposit all proceeds from said increase. CHAMBER shall have the right, upon submission of a written request accompanied by such supporting documentation as CITY may require, to reimbursement from funds held in the Capital Reserve Account for monies spent by CHAMBER for capital maintenance and improvement items approved by CITY and related to the Love Civic Center during the term of this Agreement. Section 3, CHAMBER not an a sant of CITY., CHAMBER covenants and agrees it is an independent contractor and not an officer, agent, servant or employee of CITY; that CHAMBER shall have exclusive right and authority to control services to be performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants; and that nothing contained herein shall be construed as creating a partnership or joint enterprise between CHAMBER and CITY for the purpose of this Agreement and shall, in no manner, incur expense or liability on behalf of CITY. Section 4. Hold harmless. CHAMBER does hereby agree to release, indemnify, and hold CITY and its officers and employees harmless from and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damage or injury (including death) to persons and/or property occurring on the LCC facilities and resulting from CHAMBER's invitees, guests, agents, servants, or employees' presence upon, use, occupancy or enjoyment of the LCC facilities, CITY shall not be liable to CHAMBER invitees, guests, agents, servants, employees, or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the LCC facilities being improperly constructed, maintained, or being or becoming out of repair. However, both CHAMBER and CITY shall carry all requisite insurances. Waiver by CITY of any breach by CHAMBER of the terms, covenants, conditions, or provisions of the Agreement shall not be deemed to be a waiver of any other breach of the same or other terin, covenant, condition, or provision of this Agreement terminated for any of the reasons set out above and shall not bar the right of CITY to subsequently terminate this Agreement for any of the reasons set out above. Section 5. Severa1 M121qe areentgqtm, i 1"tin. _ q4o I _:___ In case any one or more of the provisions contained in the Agreement shall, for any reason, be held by a court of competent jurisdiction to be invalid, ille[�al, or unenforceable in anp rem5WI such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be construed as if the invalid. illegal, or unenforceable provision had never been included in the Agreement. This Agreement constitutes the sole and only Agreement of the parties to this Agreement and supersedes any prior understandings or written or oral agreements between the parties respectin,_:ii the subject matter of this Agreement. However, this Agreement may be executed in duplicate originals, and each shall be considered an original document. No amendment., �,;5 it is in writing, dated subsequent to the date of this Agreement, and duly executed by the parties io this Agreement. Section 6. Term. Recognizing the need of CHAMBER to invest and reinvest in LCC and fac*,* Mw, aajt,#, long-term professional services agreements and programming for the promotion of tourism and the convention and hotel industry, this Agreement shall remain in full force and effect for a Fo,eriod of ten years, except that either party may terminate this Agreement, with or without cause, with a minimum of 180 days written notice. Recognizing that CITY will necessarily assume responsibility for any remaining debt for capital improvements to LCC facilities, CHAMBER shall submit to and receive approval of CIT'Y prior to the issuance of any such debt. The effective date of this Agreement is October L September 30,2025. Section 7. Notice. All notices, demands, payments and other communications required to be given or made hereunder shall be in writing and shall be duly given if delivered by hand, messenger, telecopy or reputable overnight courier or if mailed by certified or registered mail, first class ta e qzaid, and shall after such mailing, to the respective parties hereto at the addresses set fortb below, or to such other address famished in writing to the other party hereto. IN WIT -NESS WHEREOF, the parties hereto have executed and delivered this Lease as of th4 date and year first set forth abq* ATTEST: = .1 " , CIiJ TY OF PARIS, TEXAS S�. . . . ... . ...... - �/ "runnucc.By: le. , Jany °e 'llis, City Clerk Dr, A. I "I I hmi M. in N1 ayor F-11 ta 9 1111 1 - 53� By: .......... - - ----- Steppe init, H. Harris, City Attorney �s c�,, �"Vr� By: Presides By: Chait"_ the Board STATE OF TEXAS This instrument was acknowledged before me on thisj;" �7day of2016, by AJ. Hashmi, M.D., Mayor of the City of Paris, Texas. *' '�Aas Notary Public This instrument was acknowledged before me on this fday of 2016, by President, Lamar County Chamber of CorTHT erce. .............. 'y6xas Notary Public MINMERMEM= This instrument was acknowledged e ore me on this 4""'day of„��, 2016, by Chairman of the Board, Lamar County Chamber of Commerce. 4 m �r Notary Public d� My Commission Expires �rl� ILI A+W„„