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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 0 �e Q 4_ 0215'73