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Home My WebLink About028475 RES - 01/26/2010Page 1' of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING TO SUPPLEMENT OR REPLACE HOTEL OCCUPANCY TAX FUNDING FOR THE FOLLOWING ORGANIZATIONS: ARTS AND CULTURAL COMMISSION, CORPUS CHRISTI SYMPHONY, ANTONIO E. GARCIA ARTS & EDUCATION CENTER, TEXAS JAZZ FESTIVAL ,ARTS COMMUNITY CENTER, INSTITUTO DE CULTURA HISPANICA, SOUTH TEXAS BOTANICAL GARDENS & NATURE CENTER, HARBOR PLAYHOUSE, TEXAS STATE MUSEUM OF ASIAN CULTURES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a Memorandum of Understanding to supplement or replace Hotel Occupancy Tax funding for the following organizations: Arts and Cultural Commission, Corpus Christi Symphony, Antonio E. Garcia Arts & Education Center, Texas Jazz Festival, Arts Community Center, Instituto de Cultura Hispanica, South Texas Botanical Gardens & Nature Center, Harbor Playhouse, Texas State Museum of Asian Cultures. A copy of the MOU is attached and will be filed in the City Secretary's Office. SECTION 2. The Arts and Cultural Commission Chair is authorized to execute the Memorandum of Understanding on behalf of the Arts and Cultural Commission. SECTION 3. This Resolution takes effect on date of City Council approval. Armando Chapa City Secretary APPROVED: January 19, 2010. Lisa Aguilar l terim City Attorney THE CITY OFC/p��' P.��.� TI Joe Ad Mayor 028475 INDEXED Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott i28475 Page 1 of 6 Memorandum of Understanding Whereas, the Hotel Occupancy Tax ("HOT") funds are not projected to be available for the City FY 2010-2011 Budget as previously funded through the annual budget process; Whereas, the City HOT funds previously funded the nine arts and culture groups which are a party to this MOU, who are now referred to as the "Arts and Culture Alliance"; Whereas, the Arts and Culture Alliance members have come together to make good faith effort to supplement and/ or replace the City HOT funds, Now, therefore, the parties to the MOU agree as follows: Section 1. Purpose of this MOU. The purpose of this MOU is to identify responsibilities and roles between the City and the groups specified herein in Section 8 which have been previously funded with HOT funds. The group of nine recipients identified in Section 8 shall be referred to as the "Arts and Culture Alliance". Section 2. Responsibilities of previously HOT- funded organizations. a. To develop and implement programs to secure funding to supplement and/or replace the previously provided HOT funds. b. To promote the funding programs. c. To generate fund raising efforts. d. To oversee distribution of funds. e. To determine and approve any new members or participants after the initial three year term. f. To provide annual report to City Council. Section 3. Responsibilities of City. a. To serve as fiscal agent for the funds collected under this MOU. b. To schedule utility bill for at least one annual insert, with month(s) to be agreed to by all parties. c. To issue checks to the participants to this MOU to remit monies received each month. The City shall issue such check to the participants by the second Friday of the month following the month the funds were received. Once the Alliance has established status as a 501(c)(3) organization, the City shall then issue one check to the Alliance, and the Alliance shall be responsible to distribute the share of funds to the participants to this MOU. To provide City liaison to the Arts and Culture Alliance. H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc Page 2 of 6 Section 4. Fund-raising efforts. The participants to this MOU have identified the following fund raising efforts: a. City will include a residential utility bill insert regarding funding for the arts in the March 2010 utility bill mailout. Insert to be designed by the organizations which are a party to this MOU. Costs of the insert (including cost to ship inserts to City utility bill distribution center) are to be paid by the organizations which are specified in Section 8, with each group portion of costs equal to the percentage amount identified in Column C, Section 9 below. b. The Arts and Culture Affiance shall inform the City Manager about additional funding opportunities to supplement or replace the previously provided HOT funds prior to implementation. All marketing efforts that mention City of Corpus Christi must be pre -approved by the City Director of Public Information Office. Section 5. Application of City HOT funds. Participation in this MOU does not prohibit a group from submitting a separate request to the City for City HOT funding. However, City in its sole discretion shall determine whether such funding is available for the requested budget year. Section 6. Term. This MOU will continue for three (3) year(s) beginning on date of execution by City Manager. Thereafter, this MOU may be extended for additional year upon mutual written agreement of the parties. Section 7. Maintenance of arts funding. Monies collected from City utility customers to fund the arts will be kept by the City in a separate general ledger account and may only be disbursed as provided in this agreement. Section 8. Parties receiving funding under this MOU. The following entities are parties receiving funding under this MOU, effective upon execution by their respective Executive Directors: 1. Texas State Museum of Asian Cultures and Education Center 2. Botanical Gardens 3. Harbor Playhouse 4. Texas A&M University -Corpus Christi, Antonio E. Garcia Arts & Education Center (formerly known as Center for the Hispanic Arts) 5. Instituto de Cultura Hispanica 6. Arts Community Center (d/b/a the Art Center of Corpus Christi) 7. Corpus Christi Symphony H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc Page 3 of 6 8. Texas Jazz Festival 9. Arts & Cultural Commission Section 9. Disbursement of Arts funding By the second Friday of each month, the City will transfer monies received in the prior month under this MOU to the groups, in following percent amounts as reflected in column C below: Name Column A Column B Column C Texas State Museum of 30,000 30,000/$260,236 11.53% Asian Cultures and Education Center Botanical Gardens 20,000 20,000/$260,236 7.68% Harbor Playhouse 31,736 31,736/$260,236 12.20% Texas A&M University - Corpus Christi, Antonio E. 15,000 15,000/$260,236 5.76% Garcia Arts & Education Center Instituto de Cultura Hispanica 20,000 20,000/$260,236 7.69% Art Center of Corpus Christi 30,000 30,000/$260,236 11.53% Corpus Christi Symphony 12,000 12,000/$260,236 4.61% Texas Ja77 Festival 10,000 10,000/$260,236 3.84% Arts & Cultural Commission 91,500 91,500/$260,236 35.16% Total $260,236 Section 10 . Addition or deletion ofMOU participants. 100% After the initial three (3) year term of this MOU, the groups listed in Section 8 above shall have jointly determined eligibility requirements for new participants. Section 11. Responsibility of individual MOU participants to the Arts and Culture Alliance. Each participant to this MOU shall: 1. Share expenses as well as proceeds received under this MOU. Each participant listed in Section 8 above shall share in the expenses in amount equal to the percentage amount identified in Column C, Section 9 above. 2. Provide seed funds for marketing. 3. Actively participate in marketing efforts, such as by contributing mailing lists and providing H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc Page 4 of 6 volunteers. 4. Positively promote the Arts and Culture Alliance. Section 12. Timeline for completion - Deadline to respond. Each organization must provide the City Manager by January 15, 2010 with 10 originals of this MOU, executed by an authorized representative of each organization, to indicate the organization's agreement to participate in this MOU. Section 13. Surplus Funding For each year of this agreement, once the participating groups have received their funding to the same levels as provided by the City in FY 2009-2010 identified in Column A above Section 9 , then the surplus funds shall be disbursed or reserved as agreed by majority of the participants to this MOU. Section 14. Marketing responsibilities. . City will provide available marketing resources (in-kind) on case by case project basis. Section 15. Use of the funding provided under this MOU. Each party to this MOU shall utilize the funding provided under this MOU as follows: in accordance with each respective organization's approved budget for operational and program expenses that benefit local community and enhance quality of life. However, the funding provided under this MOU shall not go towards repayment of loans. Each organization shall submit their annual budget to the Arts and Culture Alliance and City Council. Should City Manager determine that a participant to the MOU has failed to comply with the requirements regarding use of funds, the funds must be repaid to the Alliance. Section 16. Amendment This Agreement may be amended only upon signature of an authorized representative for each party. Section 17. Termination After the initial year of this MOU, a participant may terminate by submitting written notice to the Chairperson of the Arts and Culture Alliance and the City Manager. All disbursement percentages shall be refigured to remove the terminating entity's funds identified in Section 9 Column C above from the total funds to be collected. Once an entity terminates from this MOU, they are not eligible to rejoin during the initial three year term. H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc Page 5 of 6 Agreed to by: City of Corpus Christi By: `Angel R. Escobar, City Manager Date: Texas State Museum of Asian Cultures By: Name: Title: Date: South Texas Botanical Gardens & Nature Center By: Name: Title Date: Harbor Playhouse By: Name: Title: Date: Texas A&M University -Corpus Christi, Antonio E. Garcia Arts & Education Center By: Name: Title: Date: Instituto de Cultura Hispanica By: Name: Title: Date: Arts Community Center By: Name: Title: Date: Corpus Christi Symphony By: Name: Title: Date: H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc Page 6 of 6 Texas Jazz Festival By: Name: Title: Date: Arts and Cultural Commission By: Name: Title: Date: H:\LEG-DIR\Lisa\2010 Park\HOT MOU 1-8-2010 clean.doc