Ordinance No. 11,798ORDINANCE NO. 11,798
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING
SERVICES AND PROMOTION OF THE ARTS WITH BAYSHORE FINE
RIDES, INC., FOR ITS 24TH ANNUAL CAR SHOW TO BE HELD AT
BICENTENNIAL PARK ON APRIL 13, 2012, AND APRIL 14, 2012;
AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN
AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND N0 1100
DOLLARS ($15,000.00); APPROVING THE BUDGET OF BAYSHORE FINE
RIDES FOR OPERATIONS FUNDED BY HOTEL OCCUPANCY TAX
REVENUES; GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND
SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION
42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR
BAYSHORE FINE RIDES, INC.'S 24TH ANNUAL CAR SHOW TO BE HELD
AT BICENTENNIAL PARK CONTINGENT UPON THE FILING OF THE
REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT
BAYSHORE FINE RIDES, INC.'S 24TH ANNUAL CAR SHOW AT
BICENTENNIAL PARK FROM THE PROVISIONS OF CHAPTER 74
"PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN
APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR
EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the City Manager to execute and the City Clerk to attest to an Agreement for Advertising
Services and Promotion of the Arts with Bayshore Fine Rides, Inc., for its 20 Annual Car Show
to be held at Bicentennial Park. A copy of such agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment of hotel
occupancy tax revenues to Bayshore Fine Rides, Inc., in an amount not to exceed FIFTEEN
THOUSAND AND N0 1100 DOLLARS ($15,000.00), pursuant to the agreement authorized in
Section 1 hereof.
Section 3: That the City Council of the City of Baytown, Texas, hereby approves the
budget of Bayshore Fine Rides, Inc., for operations funded by hotel occupancy tax revenues. A
copy of said budget is attached hereto as Exhibit `B" and incorporated herein for all intents and
purposes.
Sectiort 4: That contingent upon the filing of an application, the City Council of the
City of Baytown hereby grants a variance to Chapter 42 "Flealth art([ Sanitation," Article V "Live
Outdoor Exhibitions," Section 42-286, "Permit required" of the Code of Ordinances, Baytown,
J, exas, to waive the distance reqUircinent for the Baysliore Fine Rides, Inc,s 24"' Annual Car
Show to be held at Bicentennial Park oii April 13, 2012, froin 5:00 p, m. to 101:00 lmi,, and
April 14, 2012, from 9:00 a.m. to 6:00 p.m., at Bicentennial Park.
Section 5: That contingent upon Bayshore Fine Rides, hic.'s Filing of an application
and receiving as permit tor as live outdoor exhibition pursuant to Section 42-286 of' the Code of
Ordinances, Baytown, Texas, the City Council of the City ofBayto-,vn hereby grants a variance
to exempt Bayshore Fine Rides, hic. ;, s 24"' Annual Car Show to be held at Bicentcrinial Park on
April 13, 2012, from 5:00 lima. tc:a 10:00 p.m., and April 14, 2012, from 9:00 a.m. to 6:00 pm..
front the Provisions of Chapter 74 "Peddlers and Solicitors" of the Code of' Ordinances,
Baytown, Texas,
Section 6: '['his ordinance shall take effect immediately from and after its passage by
the City Council ofthe City of Baytown.
INTRODUCF11), RI"AD and PASSED, by the affirmative y'r6tc of` the City Council of the
City of Baytown this the 10'r' day of November, 2011.
S'l,t,Ij)Il I M— -1-tj DONC, ARLOS, Mayor
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Exhibit "A"
Agreement for Advertising Services and Promotion of the
Arts
STATE OF TEXAS §
§
COUNTY OF HARRIS §
THIS AGREEME417 made between the City of Baytown, Texas, a municipal corporation
(the "City"), and Bayshore Fine Rides, Inc., a non -profit corporation incorporated under the laws of
the State of Texas (the "Association').
WHEREAS, the City of Baytown has enacted a hotel occupancy tax for the purposes
provided in Chapter 351 of the Texas Tax Code; and
WHEREAS, Section 351.101(a) of the Texas Tax Code authorizes the City to use revenue
from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; and
WHEREAS, Section 351.101(a) of the Texas Tax Code also authorizes the City to use
revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel
industry by the encouragement, promotion, improvement and application of the arts; including
instnmeental and vocal music, and
WHEREAS, the Association will conduct its 2P Annual Car Show, which will be held
at Bicentennial Park on April IP and 10 of 2012, which features musical talent expected to
directly enhance end promote tourism and the convention and hotel industry (the "Car Show').
WHEREAS, the Association proposes to use various means of advertising to promote
the City of Baytown together with the Car Show, and
WHEREAS, the City and the Association desire to enter into an advertising services and
promotion of the arts agreement subject to the terns and conditions herein in order to enhance
and promote tourism and the convention and hotel industry;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the City and the Association agree as follows:
:."T' n�
I.
USE OF HOTEL OCCUPANCY TAX REVENUE
1.1 Use of Funds. For and in consideration of the payment by the City to the Association of the
agreed payments of hotel tax funds specified in Article III, the Association agrees to use such hotel
tax funds for advertising and conducting solicitations and promotional programs to attract tourists to
the City in a manner that directly enhances and promotes tourism and the convention and hotel
industry by providing advertising and entertainment services associated with the Car Show.
Funds which are unused shall be refunded to the City within fifteen (15) days after the conclusion
of the Car Show.
1.2 Specific Restrictions on Use of Funds. The Association agrees to demonstrate strict
compliance with the record keeping and apportionment limitations imposed by Sections 351.101(g),
351.103 and 351.104 of the Texas Tax Code, as applicable. The Association shall not utilize hotel
occupancy tax funds for any expenditure which has not been specifically documented to satisfy the
purposes set forth in Sections 1.1 and 1.2 herein.
II.
RECORD KEEPING AND REPORTING REQUIREMENTS
2.1 Budget.
(a) The Association shall prepare and submit to the City Manager of the City an annual budget
for approval by the City Council, for such operations of the Association funded by hotel
occupancy tax revenue. This budget shall specifically identify proposed expenditures of
hotel tax funds by the Association. Based upon the budget, the City should be able to audit
specifically the purpose of each individual expenditure of hotel occupancy tax funds from
the separate account relating to hotel tax funds. The City shall not pay to the Association
any hotel tax revenues as set forth in Article III of this Agreement unless a budget has been
approved in writing by the City Council authorizing the expenditure of funds.
(b) The Association acknowledges that the approval of such budget by the City Council creates
a fiduciary duty in the Association with respect to the hotel occupancy tax funds paid by the
City to the Association under this Agreement. The Association shall expend hotel tax
occupancy funds only in the manner and for the purposes specified in this Agreement and in
the budget as approved in writing by the City Council.
2.2 Separate Account. The Association shall maintain any hotel tax funds paid to the
Association by the City in a separate account and shall not commingle such funds with any other
money.
2.3 Financial Records. The Association shall maintain complete and accurate financial
records of each expenditure of the hotel occupancy tax funds made by the Association. These funds
shall be classified as restricted funds for audited financial purposes, and may not be used for
contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable
Agreement for Advertising Services and Promotion of the Arts, Page 2
advance written request of the City Manager or his designee, the Association shall make such
financial records available for inspection and review and shall provide copies of the same if so
requested. The Association understands and accepts that all such financial records, and any other
records relating to this Agreement shall be subject to the Texas Public Information Act, as hereafter
amended, and the Local Government Records Act, as amended.
2.4 Quarterly Reports. After initial receipt of the hotel occupancy tax funds, and within
thirty (30) days after the end of every contract quarter in which funds are received, the Association
shall furnish to the City a quarterly report, including:
(1) a completed financial report,
(2) a list of the expenditures made or copies of the invoice or receipts with regard to
hotel occupancy tax funds pursuant to TEX. TAX CODE §351.101(c), and
(3) a copy of all financial records (e.g., copies of front and back cleared checks or bank
statements, and other relevant documentation).
The Association shall prepare and deliver all reports to the City Clerk in a form and manner
approved by the City Manager or his designee. The Association shall respond promptly to any
request from the City Manager or his designee for additional information relating to the activities
performed under this Agreement.
2.5 Annual Report. Thirty (30) days after September 30, 2012, the Association will furnish
to the City a performance report of its work under this Agreement which shall reflect overall
activities conducted and expenditures made pursuant to this Agreement.
2.6 Notice of Meetings. The Association shall give the City Manager reasonable advance
written notice of the time and place of all meetings of the Association's Board of Directors, as well
as any other meeting of any constituency of the Association at which this Agreement or any matter
subject to this Agreement shall be considered.
III.
HOTEL OCCUPANCY TAX REVENUE PAYMENTS
3.1 Payments. Subject to Section 3.2 of this Agreement, as a consideration for the
Association's activities set forth in this Agreement, the City agrees to pay the Association an
amount not to exceed FIFTEEN THOUSAND AND NO 1100 DOLLARS ($15,000.00) from
hotel occupancy tax revenues. The parties understand and agree that the City's obligation
hereunder shall not be greater than the actual expense incurred by the Association in performing
the services required hereunder.
If the Association, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2 -662 of the Code of Ordinances of the City of Baytown, she shall
immediately notify the City's Director of Finance in writing. If the City's Director of Finance
becomes aware that the Association has incurred a debt, the City's Director of Finance shall
Agreement for Advertising Services and Promotion of the Arts, Page 3
immediately notify the Association in writing. If the Association does not pay the debt within 30
days of either such notification, the City's Director of Finance may deduct funds in an amount
equal to the debt from any payments owed to the Association under this Agreement, and the
Association waives any recourse therefor.
3.2 Due Date. The City shall pay the fee specified in Section 3.1 on or before the thirtieth
(30`h) day after receiving a proper invoice therefor. However, the parties agree that any funds
not used for promotion of the arts or advertising and conducting promotional programs to attract
tourists to the Baytown area and the Car Show shall be refunded to the City within fifteen (15)
days after the conclusion of the Car Show.
IV.
TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on the date of execution by the City
Manager and terminate October 31, 2012, or after the Association has fully complied with all terns
and conditions herein, whichever is later. Only those expenditures authorized by this Agreement
and contained in the budget approved by the City Council, which are actually incurred for events
and activities taking place within the term of this Agreement, are eligible for funding. Any
ineligible expenditures or unspent funds shall be forfeited to the City upon termination of the
Agreement.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving the
other party thirty (30) days' advance written notice.
(b) In the event this Agreement is terminated by either party pursuant to Section 4.2(a), the
Association shall be entitled to payment for its services satisfactorily performed in
accordance with this Agreement up to the date of termination subject to Section 4.2(c).
(c) If this Agreement is terminated pursuant to Section 4.2(a), the Association will provide the
City:
(1) within ten (10) business days from the termination notification, a short-term
budget of probable expenditures for the remaining thirty -day period between
termination notification and contract termination. This budget will be presented
to the City Council for approval at the next regularly scheduled meeting for which
proper notice can be given after receipt thereof by the City. If the City Council
fails to act on the budget at such meeting and the budget does not contain any
expenditures that would be prohibited by the Texas Tax Code and is within the
term of the Agreement; the budget will be considered approved;
(2) within five (5) business days of a request from the City, a listing of expenditures
that have occurred since the last required reporting period;
Agreement for Advertising Services and Promotion of the Arts, Page 4
(3) a final accounting of all expenditures and tax funds on the day of termination.
Any use of remaining funds by the Association aver notification of termination and prior
to termination is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in Section 1.1.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The ten-nination of the legal existence of the Association;
(b) The insolvency of the Association, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the Association for the benefit of
creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the City or the Association for more than thirty (30) days after written notice
of such breach is given to the breaching party by the other party; or
(d) The failure of the Association to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting
principles prior to the beginning of the next contract term, or quarterly as required by
Section 2.4.
4.4 In the event that this Agreement is terminated pursuant to Section 4.2 or 4.3, the Association
agrees to refund any and all unused funds, or funds determined by the City to have been used
improperly within 30 days after termination of this Agreement. Additionally such termination
shall not affect the Association's obligation to comply with the reporting requirements
articulated in Article II or as may otherwise be required by Chapter 351 of the Texas Tax Code.
Late payments shall accrue interest at the rate provided in Section 2251.025 of the Texas
Government Code.
V.
GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the Association with another private entity, person, or
organization for the performance of those services described in Section 1.1. In the event that the
Association enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, the Association shall cause such other entity, person, or organization to adhere to,
conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Chapter
351 of the Texas Tax Code, including reporting requirements, separate funds maintenance, and
limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
Agreement for Advertising Services and Promotion of the Arts, Page 5
5.2 Independent Contractor. The Association shall operate as an independent contractor as to
all services to be performed under this Agreement and not as an officer, agent, servant, or employee
of the City. The Association shall have exclusive control of its operations and performance of
services hereunder, and such persons, entities, or organizations performing the same and the
Association shall be solely responsible for the acts and omissions of its directors, officers,
employees, agents, and subcontractors. The Association shall not be considered a partner or joint
venturer with the City, nor shall the Association be considered nor in any manner hold itself out as
an agent or official representative of the City.
5.3 Insurance. The Association shall, at a minimum, provide insurance as follows:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
The following are general requirements applicable to all policies:
> AM Best Rating of B +; VII or better for all liability policies.
> Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
> Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative.
> Certificates of insurance showing evidence of insurance coverage shall be provided to
City of Baytown's representative prior to any work being performed at the site.
> Liability policies must be on occurrence form.
> Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the
City.
> The City of Baytown, its officers, agents and employees are to be added as Additional
Insureds to all liability policies.
Additionally, the Association shall furnish separate certificates and endorsements for each at -risk
vendor, including those supplying amusement activities. All coverage of such vendors shall be
subject to all of the requirements stated herein.
5.4
lndemn
THE ASSOCIATION AGREES TO AND SHALL INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY
REFERRED TO AS THE "CITY "), FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
Agreement for Advertising Services and Promotion of the Arts, Page 6
SUITS AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT
LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE
ASSOCIATION PURSUANT TO THIS AGREEMENT, THE
CONDUCT OR MANAGEMENT OF THE ASSOCIATION'S
BUSINESS OR ACTIVITIES, OR FROM ANY OTHER ACT OR
OMISSION BY THE ASSOCIATION, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN
ACCORDANCE WITH THIS AGREEMENT, WHERE SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT
NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR
ENTITY AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE ASSOCIATION. IT IS THE EXPRESSED INTENTION OF
THE PARTIES HERETO, BOTH THE ASSOCIATION AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY THE ASSOCIATION TO
INDEMNIFY AND PROTECT THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF (I)
THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE
IS A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE WITH ANY OTHER PERSON OR ENTITY
AND /OR (II) THE ASSOCIATION'S JOINT AND /OR SOLE
NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO
THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF
ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH
OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF
THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE, THE ASSOCIATION FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
Agreement for Advertising Services and Promotion of the Arts, Page 7
5.5 Release. By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement, any charter, or applicable state law. Nothing
contained herein shall be construed in any way so as to waive in whole or part the City's sovereign
immunity. The Association assumes full responsibility for its work performed hereunder and
hereby releases, relinquishes, discharges, and holds harmless the City, its officers, agents, and
employees from all claims, demands, and causes of action of every kind and character, including the
cost of defense thereof, for any injury to or death of any person (whether they be either of the parties
hereto, their employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their employees, or other third parties) that is caused
by or alleged to be caused by, arising out of, or in connection with the Association's work to be
performed hereunder. This release shall apply with respect to the Association's work regardless of
whether said claims, demands, and causes of action are covered in whole or in part by insurance.
5.6 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the
City and the Association hereby agree that no claim or dispute between the City and the Association
arising out of or relating to this Agreement shall be decided by any arbitration proceeding including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or
any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration
Act, provided that in the event that the City is subjected to an arbitration proceeding
notwithstanding this provision, the Association consents to be joined in the arbitration proceeding if
the Association's presence is required or requested by the City of complete relief to be recorded in
the arbitration proceeding.
5.7 Force Majeure. In the event the Car Show is cancelled due to a force majeure, the
refund obligations of the Association under this Agreement pursuant to Sections 1. 1, 3.2, and 4.4
will not be expanded but will remain unchanged. Any funds provided by the City pursuant to
Section 3.1 and either not expended or not expended in full compliance with this Agreement
shall be refunded to the City pursuant to the terms of this Agreement.
The term "force majeure" as used herein, shall include acts of God, acts of the public
enemy, and acts not within the control of the parties hereto, which by the exercise of due
diligence and care could not have avoided.
5.8 Assignment. The Association shall not assign this Agreement without first obtaining the
written consent of the City.
5.9 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand - delivery, addressed to the respective parties as follows:
CITY
ASSOCIATION
City of Baytown Bayshore Fine Rides, Inc.
Attn: City Manager Attn: President
P.O. Box 424 P.O. Box 2704
Baytown, TX 77522 Baytown, TX 77522
Agreement for Advertising- Services and Promotion of the Arts, Page 8
5.10 Binding Effect. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the City and the Association and their respective successors and assigns.
5.11 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of the City of Baytown, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto. The place of making and the place
of performance for all purposes shall be Baytown, Harris County, Texas.
5.12 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
5.13 Complete Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.14 Duplicate Originals. This Agreement is executed in duplicate originals.
5.15 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.16 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
EXECUTED ON this the _ day of , 2011.
CITY OF BAYTOWN
ATTEST:
LETICIA BRYSCH, City Clerk
ROBERT D. LEIPER, City Manager
Aereement for Advertising Services and Promotion of the Arts. Page 9
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
EXECUTED ON this the _ day of .2011.
BAYSHORE FINE RIDES, INC.
By: YL2- -
(Signature) 13
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(Printed Name)
bRgs'iOrwq -r
(Title)
ATTEST:
Signature)
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(Printed Name)
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(Title)
\\CobsrvI\ legal \Karen\Files\Contracts\Fine Ridesl Agreement4AdvertisingServices2012 .doc
Agreement for Adverdsinst Services and Promotion of the Arts Page 10
Estimated Budget
for
Bayshore Fine Rides, Inc.
24th Annual Fine Rides Show
Located at Bicentennial Park
April 13-14,2012
Requested Funds from Hotel Occupancy Tax - $15,000
(Entertainment and advertisement listed subject to change)
Entertainment Expenses *89500.00
(includes live performances by various bands,
DJ or DJ's, lights, equipment, generators
set up and take down and any video displays)
Advertisement Expenses *59400.00
(includes regional newspaper advertisements,
television commercials, flyers, various magazines,
t -shirt and dash plaque promotional program)
Insurance *19050.00
Misc. *50.00
(postage, check fee, etc.)
Total 2012 Estimated Expenditures *159000.00
*Actual expenses will be verified by receipts and/or contracts, copies of which will be provided
in the final financial report to the City. Any unused funds will be refunded within 15 days after
the conclusion of the event.
Agreement for Advertising Services and Promotion of the
Arts
STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT made between the City of Baytown, Texas, a municipal corporation
(the"City"), and Bayshore Fine Rides, Inc.,a non-profit corporation incorporated under the laws of
the State of Texas(the"Association").
WHEREAS, the City of Baytown has enacted a hotel occupancy tax for the purposes
provided in Chapter 351 of the Texas Tax Code; and
WHEREAS, Section 351.101(a) of the Texas Tax Code authorizes the City to use revenue
from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; and
WHEREAS, Section 351.101(a) of the Texas Tax Code also authorizes the City to use
revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel
industry by the encouragement, promotion, improvement and application of the arts; including
instrumental and vocal music;and
WHEREAS, the Association will conduct its 23`1 Annual Car Show, which will be held
at Bicentennial Park on April 13th and 14h of 2012, which features musical talent expected to
directly enhance and promote tourism and the convention and hotel industry (the "Car Show").
WHEREAS, the Association proposes to use various means of advertising to promote
the City of Baytown together with the Car Show; and
WHEREAS, the City and the Association desire to enter into an advertising services and
promotion of the arts agreement subject to the terms and conditions herein in order to enhance
and promote tourism and the convention and hotel industry;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein,the City and the Association agree as follows:
Agreement for Advertising Services and Promotion of the Arts,Page 1
I.
USE OF HOTEL OCCUPANCY TAX REVENUE
1.1 Use of Funds. For and in consideration of the payment by the City to the Association of the
agreed payments of hotel tax funds specified in Article III, the Association agrees to use such hotel
tax funds for advertising and conducting solicitations and promotional programs to attract tourists to
the City in a manner that directly enhances and promotes tourism and the convention and hotel
industry by providing advertising and entertainment services associated with the Car Show.
Funds which are unused shall be refunded to the City within fifteen (15) days after the conclusion
of the Car Show.
1.2 Specific Restrictions on Use of Funds. The Association agrees to demonstrate strict
compliance with the record keeping and apportionment limitations imposed by Sections 351.101(g),
351.103 and 351.104 of the Texas Tax Code, as applicable. The Association shall not utilize hotel
occupancy tax funds for any expenditure which has not been specifically documented to satisfy the
purposes set forth in Sections 1.1 and 1.2 herein.
II.
RECORD KEEPING AND REPORTING REQUIREMENTS
2.1 Budget.
(a) The Association shall prepare and submit to the City Manager of the City an annual budget
for approval by the City Council, for such operations of the Association funded by hotel
occupancy tax revenue. This budget shall specifically identify proposed expenditures of
hotel tax funds by the Association. Based upon the budget, the City should be able to audit
specifically the purpose of each individual expenditure of hotel occupancy tax funds from
the separate account relating to hotel tax funds. The City shall not pay to the Association
any hotel tax revenues as set forth in Article III of this Agreement unless a budget has been
approved in writing by the City Council authorizing the expenditure of funds.
(b) The Association acknowledges that the approval of such budget by the City Council creates
a fiduciary duty in the Association with respect to the hotel occupancy tax funds paid by the
City to the Association under this Agreement. The Association shall expend hotel tax
occupancy funds only in the manner and for the purposes specified in this Agreement and in
the budget as approved in writing by the City Council.
2.2 Separate Account. The Association shall maintain any hotel tax funds paid to the
Association by the City in a separate account and shall not commingle such funds with any other
money.
2.3 Financial Records. The Association shall maintain complete and accurate financial
records of each expenditure of the hotel occupancy tax funds made by the Association. These funds
shall be classified as restricted funds for audited financial purposes, and may not be used for
contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable
Agreement for Advertising Services and Promotion of the Arts,Page 2
advance written request of the City Manager or his designee, the Association shall make such
fmancial records available for inspection and review and shall provide copies of the same if so
requested. The Association understands and accepts that all such financial records, and any other
records relating to this Agreement shall be subject to the Texas Public Information Act, as hereafter
amended,and the Local Government Records Act,as amended.
2.4 Quarterly Reports. After initial receipt of the hotel occupancy tax funds, and within
thirty (30) days after the end of every contract quarter in which funds are received, the Association
shall furnish to the City a quarterly report, including:
(1) a completed fmancial report,
(2) a list of the expenditures made or copies of the invoice or receipts with regard to
hotel occupancy tax funds pursuant to TEx.TAX CODE §351.101(c),and
(3) a copy of all financial records (e.g., copies of front and back cleared checks or bank
statements, and other relevant documentation).
The Association shall prepare and deliver all reports to the City Clerk in a form and manner
approved by the City Manager or his designee. The Association shall respond promptly to any
request from the City Manager or his designee for additional information relating to the activities
performed under this Agreement.
2.5 Annual Report. Thirty (30) days after September 30, 2012, the Association will furnish
to the City a performance report of its work under this Agreement which shall reflect overall
activities conducted and expenditures made pursuant to this Agreement.
2.6 Notice of Meetings. The Association shall give the City Manager reasonable advance
written notice of the time and place of all meetings of the Association's Board of Directors, as well
as any other meeting of any constituency of the Association at which this Agreement or any matter
subject to this Agreement shall be considered.
III.
HOTEL OCCUPANCY TAX REVENUE PAYMENTS
3.1 Payments. Subject to Section 3.2 of this Agreement, as a consideration for the
Association's activities set forth in this Agreement, the City agrees to pay the Association an
amount not to exceed FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) from
hotel occupancy tax revenues. The parties understand and agree that the City's obligation
hereunder shall not be greater than the actual expense incurred by the Association in performing
the services required hereunder.
If the Association, at any time during the term of this agreement, incurs a debt, as the word is
defined in section 2-662 of the Code of Ordinances of the City of Baytown, she shall
immediately notify the City's Director of Finance in writing. If the City's Director of Finance
becomes aware that the Association has incurred a debt, the City's Director of Finance shall
Agreement for Advertising Services and Promotion of the Arts,Page 3
immediately notify the Association in writing. If the Association does not pay the debt within 30
days of either such notification, the City's Director of Finance may deduct funds in an amount
equal to the debt from any payments owed to the Association under this Agreement, and the
Association waives any recourse therefor.
3.2 Due Date. The City shall pay the fee specified in Section 3.1 on or before the thirtieth
(30th) day after receiving a proper invoice therefor. However, the parties agree that any funds
not used for promotion of the arts or advertising and conducting promotional programs to attract
tourists to the Baytown area and the Car Show shall be refunded to the City within fifteen (15)
days after the conclusion of the Car Show.
IV.
TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on the date of execution by the City
Manager and terminate October 31, 2012, or after the Association has fully complied with all terms
and conditions herein, whichever is later. Only those expenditures authorized by this Agreement
and contained in the budget approved by the City Council, which are actually incurred for events
and activities taking place within the term of this Agreement, are eligible for funding. Any
ineligible expenditures or unspent funds shall be forfeited to the City upon termination of the
Agreement.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving the
other party thirty(30)days' advance written notice.
(b) In the event this Agreement is terminated by either party pursuant to Section 4.2(a), the
Association shall be entitled to payment for its services satisfactorily performed in
accordance with this Agreement up to the date of termination subject to Section 4.2(c).
(c) If this Agreement is terminated pursuant to Section 4.2(a),the Association will provide the
City:
(1) within ten (10) business days from the termination notification, a short-term
budget of probable expenditures for the remaining thirty-day period between
termination notification and contract termination. This budget will be presented
to the City Council for approval at the next regularly scheduled meeting for which
proper notice can be given after receipt thereof by the City. If the City Council
fails to act on the budget at such meeting and the budget does not contain any
expenditures that would be prohibited by the Texas Tax Code and is within the
term of the Agreement; the budget will be considered approved;
(2) within five (5) business days of a request from the City, a listing of expenditures
that have occurred since the last required reporting period;
Agreement for Advertising Services and Promotion of the Arts,Page 4
•
(3) a final accounting of all expenditures and tax funds on the day of termination.
Any use of remaining funds by the Association after notification of termination and prior
to termination is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in Section 1.1.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of the Association;
(b) The insolvency of the Association, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the Association for the benefit of
creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the City or the Association for more than thirty (30) days after written notice
of such breach is given to the breaching party by the other party; or
(d) The failure of the Association to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting
principles prior to the beginning of the next contract term, or quarterly as required by
Section 2.4.
4.4 In the event that this Agreement is terminated pursuant to Section 4.2 or 4.3,the Association
agrees to refund any and all unused funds, or funds determined by the City to have been used
improperly within 30 days after termination of this Agreement. Additionally such termination
shall not affect the Association's obligation to comply with the reporting requirements
articulated in Article II or as may otherwise be required by Chapter 351 of the Texas Tax Code.
Late payments shall accrue interest at the rate provided in Section 2251.025 of the Texas
Government Code.
V.
GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the Association with another private entity, person, or
organization for the performance of those services described in Section 1.1. In the event that the
Association enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, the Association shall cause such other entity, person, or organization to adhere to,
conform to, and be subject to all provisions,terms, and conditions of this Agreement and to Chapter
351 of the Texas Tax Code, including reporting requirements, separate funds maintenance, and
limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
Agreement for Advertising Services and Promotion of the Arts,Page 5
5.2 Independent Contractor. The Association shall operate as an independent contractor as to
all services to be performed under this Agreement and not as an officer, agent, servant, or employee
of the City. The Association shall have exclusive control of its operations and performance of
services hereunder, and such persons, entities, or organizations performing the same and the
Association shall be solely responsible for the acts and omissions of its directors, officers,
employees, agents, and subcontractors. The Association shall not be considered a partner or joint
venturer with the City, nor shall the Association be considered nor in any manner hold itself out as
an agent or official representative of the City.
5.3 Insurance. The Association shall, at a minimum, provide insurance as follows:
1. Commercial General Liability
• General Aggregate: $1,000,000
• Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
The following are general requirements applicable to all policies:
> AM Best Rating of B+; VII or better for all liability policies.
> Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
> Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to City of Baytown's
representative.
> Certificates of insurance showing evidence of insurance coverage shall be provided to
City of Baytown's representative prior to any work being performed at the site.
> Liability policies must be on occurrence form.
> Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the
City.
> The City of Baytown, its officers, agents and employees are to be added as Additional
Insureds to all liability policies.
Additionally, the Association shall furnish separate certificates and endorsements for each at-risk
vendor, including those supplying amusement activities. All coverage of such vendors shall be
subject to all of the requirements stated herein.
5.4 Indemnity.
THE ASSOCIATION AGREES TO AND SHALL INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY
REFERRED TO AS THE "CITY"), FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
Agreement for Advertising Services and Promotion of the Arts,Page 6
SUITS AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT
LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE
ASSOCIATION PURSUANT TO THIS AGREEMENT, THE
CONDUCT OR MANAGEMENT OF THE ASSOCIATION'S
BUSINESS OR ACTIVITIES, OR FROM ANY OTHER ACT OR
OMISSION BY THE ASSOCIATION, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN
ACCORDANCE WITH THIS AGREEMENT, WHERE SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT
NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR
ENTITY AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE ASSOCIATION. IT IS THE EXPRESSED INTENTION OF
THE PARTIES HERETO, BOTH THE ASSOCIATION AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY THE ASSOCIATION TO
INDEMNIFY AND PROTECT THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF (I)
THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE
IS A CONCURRING CAUSE OF THE RESULTING INJURY,
DEATH OR DAMAGE WITH ANY OTHER PERSON OR ENTITY
AND/OR (II) THE ASSOCIATION'S JOINT AND/OR SOLE
NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED
FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO
THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF
ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH
OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF
THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER
PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE, THE ASSOCIATION FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
Agreement for Advertising Services and Promotion of the Arts, Page 7
5.5 Release. By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the terms of this
Agreement or any other contract or agreement, any charter, or applicable state law. Nothing
contained herein shall be construed in any way so as to waive in whole or part the City's sovereign
immunity. The Association assumes full responsibility for its work performed hereunder and
hereby releases, relinquishes, discharges, and holds harmless the City, its officers, agents, and
employees from all claims, demands, and causes of action of every kind and character, including the
cost of defense thereof,for any injury to or death of any person(whether they be either of the parties
hereto, their employees, or other third parties) and any loss of or damage to property (whether the
property be that of either of the parties hereto, their employees, or other third parties)that is caused
by or alleged to be caused by, arising out of, or in connection with the Association's work to be
performed hereunder. This release shall apply with respect to the Association's work regardless of
whether said claims,demands, and causes of action are covered in whole or in part by insurance.
5.6 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement,the
City and the Association hereby agree that no claim or dispute between the City and the Association
arising out of or relating to this Agreement shall be decided by any arbitration proceeding including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or
any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration
Act, provided that in the event that the City is subjected to an arbitration proceeding
notwithstanding this provision,the Association consents to be joined in the arbitration proceeding if
the Association's presence is required or requested by the City of complete relief to be recorded in
the arbitration proceeding.
5.7 Force Majeure. In the event the Car Show is cancelled due to a force majeure, the
refund obligations of the Association under this Agreement pursuant to Sections 1.1, 3.2, and 4.4
will not be expanded but will remain unchanged. Any funds provided by the City pursuant to
Section 3.1 and either not expended or not expended in full compliance with this Agreement
shall be refunded to the City pursuant to the terms of this Agreement.
The term "force majeure" as used herein, shall include acts of God, acts of the public
enemy, and acts not within the control of the parties hereto, which by the exercise of due
diligence and care could not have avoided.
5.8 Assignment. The Association shall not assign this Agreement without first obtaining the
written consent of the City.
5.9 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail,certified
mail,return receipt requested,or by hand-delivery, addressed to the respective parties as follows:
CITY ASSOCIATION
City of Baytown Bayshore Fine Rides, Inc.
Attn: City Manager Attn: President
P.O. Box 424 P.O. Box 2704
Baytown,TX 77522 Baytown,TX 77522
Agreement for Advertising Services and Promotion of the Arts,Page 8
5.10 Binding Effect. This Agreement and each provision hereof,and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the City and the Association and their respective successors and assigns.
5.11 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of the City of Baytown, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto. The place of making and the place
of performance for all purposes shall be Baytown,Harris County,Texas.
5.12 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it
shall not be construed for or against any party hereto on the basis that such party did or did not
author the same.
5.13 Complete Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.14 Duplicate Originals. This Agreement is executed in duplicate originals.
5.15 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation,definition, or extension of the specific terms of the section and paragraph so designated.
5.16 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
EXECUTED ON this the I'day of , 2011.
CITY OF YTOWN
„AO.••»•.�s`a,h� OBERT D. LE PER, ity M ager
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?I'i•IP . .: : . "'City Clerk
Agreement for Advertising Services and Promotion of the Arts,Page 9
APP OVED AS TO FORM:
CIO RAMIREZ, SR, Ci omey
EXECUTED ON this the1Cil day of W2011.
BAYSHORE FINE RIDES, INC.
By:�fLQ, Y
(Signature) L§2_,
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(Printed Name)
‘='RE'Ss EhI T
(Title)
ATTEST:
V*1-"4-1A)&01:0CUP
Signature)
osotr W aoDA1.L
(Printed Name)
-Jlcc I -5ID 1
(Title)
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Agreement for Advertising Services and Promotion of the Arts,Page 10
Estimated Budget
for
Bayshore Fine Rides, Inc.
24th Annual Fine Rides Show
Located at Bicentennial Park
April 13-14, 2012
Requested Funds from Hotel Occupancy Tax - $15,000
(Entertainment and advertisement listed subject to change)
Entertainment Expenses *8,500.00
(includes live performances by various bands,
DJ or DJ's, lights, equipment, generators
set up and take down and any video displays)
Advertisement Expenses *5,400.00
(includes regional newspaper advertisements,
television commercials, flyers, various magazines,
t-shirt and dash plaque promotional program)
Insurance *1,050.00
Misc. *50.00
(postage, check fee, etc.)
Total 2012 Estimated Expenditures *15,000.00
*Actual expenses will be verified by receipts and/or contracts, copies of which will be provided
in the final financial report to the City.Any unused funds will be refunded within 15 days after
the conclusion of the event.
Bayshore Fine Rides, Inc.
Final Financial Report For
April 13-14, 2012 Event
Non—Profit checking account #1108001098 opened on 11/25/2011 at Woodforest
National Bank in Highlands, Tx. Initial deposit - $15,000.00
SUMMARY OF EXPENDITURES
Date Amount Check# Purpose Balance
11/25/2011 15,000.00
11/25/2011 17.30 Checks Misc. 14,982.70
01/05/2012 290.00 101 Avertisement 14,692.70
01/11/2012 500.00 102 Entertainment 14,192.70
02/21/2012 202.50 103 Advertisement 13,990.20
02/27/2012 3,031.00 104 Advertisement 10,959.20
04/05/2012 3,000.00 105 Entertainment 7,959.20
04/05/2012 3,000.00 106 Entertainment 4,959.20
04/05/2012 1,000.00 107 Entertainment 3,959.20
04/09/2012 290.00 108 Advertisement 3,669.20
04/13/2012 1,520.00 109 Entertainment 2,149.20
04/13/2012 850.00 110 Advertisement 1,299.20
04/10/2012 866.80 111 Insurance 432.40
04/11/2012 432.40 112 Advertisement 0
Checking account #1108001098 closed upon clearance of all checks.
Advertisement Expenses $5,095.90
Entertainment Expenses $9,020.00
Insurance $866.80
Misc. $17.30
TOTAL EXPENSES $15,000.00
TOTAL REFUND $0
TOTAL $15,000.00
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