HomeMy WebLinkAbout021573 ORD - 02/23/1993AN ORDINANCE
APPROPRIATING A MATCHING GRANT IN THE AMOUNT OF $1102
FROM THE TEXAS COMMISSION ON THE ARTS FOR FUNDING THE
PRODUCTION OF THE 1993 CULTURAL ENTERTAINMENT SERIES
HELD AT THE MULTICULTURAL CENTER IN HERITAGE PARK.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That there is hereby appropriated a matching grant in the amount of
$1102 from the Texas Commission on the Arts for production of the 1993 Cultural
Entertainment Series held at the Multicultural Center in Heritage Park, all as more fully
set forth in the Contract, a substantial copy of which is attached hereto and made a part
hereof, marked Exhibit Al."
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary
for the efficient and effective administration of City affairs, such finding of an emergency
is made and declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances at three regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency measure this the 73 day of
P_b 19
A1 JEST: n THE CITY OF CORPUS CHRISTI
Armando Chapa, City Seer tart'
APPROVED: lb DAY OF Nmt4 , 19 cj 3
JAMES R. BRAY JR., CITY ATTORNEY
By: (LAVA.
Alison Gallaway
Assistant City Attorney
AG5000.323.ajr
1 1r
021573
MCROFILMEU
STATE OF TEXAS
COUNTY OF TRAVIS
O
()
CONTRACT FOR SERVICES
BETWEEN
TEXAS COMMISSION ON THE ARTS
AND
CITY OF CORPUS CHRISTI
#13716
SECTION 1. PARTIES TO CONTRACT
This contract and agreement is made and entered into by and between
the Texas Commission on the Arts, an agency of the State of Texas,
hereinafter referred to as "the Commission" and City of Corpus Christi,
hereinafter referred to as "Service Provider." The parties hereto have
severally and collectively agreed, and by the execution of this contract
are bound to the mutual obligations and to the performances and
accomplishment of the tasks described herein.
SECTION 2. EQUAL OPPORTUNITY STATEMENT
The Texas Commission on the Arts is committed to the principles of
equal opportunity and affirmative action. The Commission will not
knowingly discriminate among employees or applicants on the basis of
race, color, religion, sex, national origin, age or physical handicap.
These criteria will not be used by either the Commission or the Service
Provider when making decisions. The Texas Commission on the Arts and
any "subprovider" of funds will employ an equitable procedure for
distributing grant funds.
SECTION 3. CONTRACT PERIOD
The period for performance of this contract shall commence
September 1, 1992 and shall terminate August 31, 1993.
SECTION 4. OBLIGATIONS OF SERVICE PROVIDER
A. Services
The Service Provider shall, during the period of this
contract, provide the services, activities, and performances
in accordance with Attachment A, which is attached hereto and
hereby made a part of this contract.
B. Assurances
The Service Provider shall perform its obligations under this
contract in compliance with all of the terms and conditions
of this contract and applicable requirements of the
Commission and the National Endowment for the Arts. These
requirements include, but are not limited to, the following:
Page 1 of 5
ExL:LEA',
1. A Plan for the Operation, Funding and Services for the
Arts in Texas, Revised September, 1988.
2. Federal Office of Management and Budget (OMB) Circular
A-133 ("Audits of Institutions of Higher Learning and
Other Non -Profit Institutions").
3 OMB Circular A-110 ("Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations").
4. OMB Circular A-121 ("Cost Principles for Education
Institutions").
5. OMB Circular A-122 ("Cost Principles for Nonprofit
Organizations").
6. OMB Circular A-102 ("Uniform Administrative Requirements
for Grants -in -Aid to State and Local Governments") and
Circular A-128 ("Grants and Cooperative Agreements With
State and Local Governments").
7. OMB Circular A-87 ("Cost Principles Applicable to Grants
and Contracts with State and Local Governments").
8. Part 505 (29 CFR) Labor Standards on Projects or
Productions Assisted by Grants from the National
Endowment for the Arts.
The provisions of such requirements are hereby incorporated
by reference into this contract as if fully rewritten herein.
Copies of the above -listed Federal guidelines can be obtained
from the Federal Office of Management and Budget or local
libraries.
By execution of this contract the Service Provider agrees to
comply with National Endowment for the Arts' regulations
under Title VI of the Civil Rights Act of 1964, Section 504
of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and
the Drug -Free Workplace Act of 1988, as specified in
Attachment B which is attached and made a part of this
contract.
C. Matching Share
In the performance of services and activities under this
contract, the Service Provider shall provide at least fifty
percent (50%) of the total cost of such performance. This
matching share shall be provided in compliance with Section
24 of OMB Circular A-102, Attachment E of OMB Circular A-110,
and in accordance with the matching share indicated in the
budget in Attachment A. The Service Provider's failure to
provide the entire amount of its matching share to pay for
contract services during the contract period will reduce the
award from the Commission in a proportionate amount requiring
reimbursement of the difference to the Commission.
Page 2 of 5
D. Acknowledgment
In all published material and announcements regarding this
project the Service Provider shall include a special notice
that reads: "This project is supported by a grant from the
Texas Commission on the Arts."
E. Reporting Requirements
1 Evaluation Report Forms
The Service Provider shall establish and maintain
records, which shall reflect all receipts, obligations,
and disbursements of funds for the project which is the
subject of this contract. Finandial records, including
substantiating documentation (e.g., payroll vouchers,
invoices, bills) must be maintained. No later than
thirty (30) days following the termination of this
contract, the Service Provider shall submit to the
Commission a properly completed Evaluation Report Form
(ERF), a copy of which is attached and made a part of
this contract as Attachment C.
2. Audit or Financial Review
Following the termination of this contract the Service
Provider shall provide the Commission with either:
a. an audit report covering the funds awarded under
this contract prepared in compliance with Single
Audit Act, OMB Circulars A-128 or A-133 and the
Uniform Grants and Contracts Standards for the
State of Texas (Service Providers receiving $25,000
or more from the Commission, cumulatively in the
State's fiscal year (September 1 to August 31] in a
combination of Federal and State dollars must
comply with Federal audit requirements); or
b. a review of the Service Provider's financial
records covering the funds awarded under this
contract prepared in compliance with guidelines
established by the National Endowment for the Arts;
however,
an audit report (as delineated in (a) above) must be
provided by all recipients of Organizational assistance.
F. Monitoring
The Service Provider shall give the Commission the right to
examine the Service Provider's records, files, books, or
other written materials relating to this contract and the
right at reasonable times to inspect or otherwise evaluate
the Service Provider's work under this contract. The Service
Provider shall cooperate with the Commission in arranging for
and scheduling a site visit by a Commission employee or
representative (see Attachment D).
SECTION 5. OBLIGATIONS OF THE COMMISSION
A. In consideration of the Service Provider's full and
satisfactory performance of the obligations specified in this
contract and subject to the conditions of this section and
Page 3 of 5
the matching share requirement in Section 4(C), the
Commission shall be liable to the Service Provider in an
amount not to exceed $1,102.00.
B. The Commission shallnot be liable to the Service Provider
for costs incurred or performances rendered by the Service
Provider before the commencement of this contract or after
the termination of this contract.
C. The Service Provider is an independent contractor.
Therefore, the Commission is not responsible for any
liability incurred by either the Service Provider or
subgrantees as a result of the agreement between the Service
Provider and the subgrantee.
SECTION 6. PAYMENT BY COMMISSION
The Commission shall pay to the Service Provider the amount of its
liabilities specified in Section 5(A) of this contract. This payment
shall be made following the date requested for payment by the Service
Provider in its application for assistance. This payment is contingent
upon the availability of State and/or Federal funds.
It is agreed and understood by all parties that payments under the
contract are contingent upon Service Provider's full and satisfactory
performance of his/her/its obligation under this contract, as well as,
any and all outstanding contracts between the Service Provider and the
Commission. Full and satisfactory performance is to be determined by
the Commission.
In that regard, in the event the Commission determines the Service
Provider has not provided full and satisfactory performance, the
Commission has the right to withhold any and all payments due and owing
the Service Provider. Furthermore, in the event the Commission
determines that the Service Provider has not provided full and
satisfactory performance, all monies paid out under this contract will
be immediately due and repayable to the Commission.
Notwithstanding any other provision of this contract, payment by
the Commission under this contract is expressly contingent upon Service
Provider's submission to the Commission of Evaluation Report Form(s)
which are due under other contracts between the Service Provider and
the Commission, and the proper completion of any outstanding
contractual obligations with the Commission.
SECTION 7. AMENDMENTS AND CHANGES
The terms and conditions stated herein constitute the entire
agreement of the parties. Any alteration, addition, or deletion to the
terms of this agreement shall be by amendment hereto in writing and
executed by both parties.
Page 4 of 5
IT 1 P
SECTION 8. VENUE PROVISION
For any dispute arising out of this contract and resulting in
litigation, venue shall be mandatory only in Travis County, Texas.
WITNESS OUR HANDS EFFECTIVE THIS 1ST DAY OF SEPTEMBER, 1992.
TEXAS COMMISSION ON THE ARTS
BY:
Signature Authorizing Official
Typed or Printed Name
Organization
Address
City, State, Zip
(Area) Telephone Number
Page 5 of 5
r
ATTACHMENT B
Assurance of Compliance with National Endowment for the Arts
Regulations under Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Title IX of
the Education Amendments of 1972, the Age Discrimination Act
of 1975, and the Drugfree workplace Act of 1988.
By signing the contract, the Applicant hereby assures and
certifies that it will comply with Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.)•; Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. ,7,94), the Age
Discrimination Act of 1975
(42 U.S.C. 6101 et seq.), and, where applicable, Title IX of
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) as
well as all regulations of the National Endowment of the Arts
issued pursuant to these statutes and that ,it immediately
will take any measures necessary to comply.
1) Title VI of the Civil Rights act, as amended,
provides that no person in the United States
shall, on the grounds of race, color, or national
origin, be excluded from participation in, be
denied benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance.
2) Section 504 of the Rehabilitation Act of 1973
provides that no otherwise qualified handicapped
individual in the United States, as defined in
Section 7(6), shall, solely by reason of his
handicap, be excluded from the participation in,
be denied the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal Assistance.
3) Acte Discrimination Act of 1975 provides that no
person in the• United States shall, on the basis of
age, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination
under any program or activity receiving Federal
financial assistance.
4) Title IX of the Education Amendments of 1972
provides that no person in the United States shall
on the basis of sex, be excluded from participation
in, be denied the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance.
The assurance with regard to the above laws and regulations
shall obligate the Applicant for the period during which the
Federal financial assistance is extended.
CORPUS CHRISTI, TEXAS
23 day of R
, 19 Q�
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS:
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully, Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI
COUNCILMEMBERS
The above ordinance was passed by the following vote:
Mary Rhodes
Cezar Galindo
Ixo-Guenero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
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0215'73