HomeMy WebLinkAboutC2005-230 - 1/11/2005 - ApprovedPage 1 of 8
AGREEMENT BET'VVEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI CONCERT BALLET ("RECIPIENT")
(ARTS AND CULTURAL COMMISSION
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The State of Texas
County of Nueces
KNOW ALL BY THESE PRESENTS:
This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made and
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City"), acting through its duly authorized City Manager or his designee
("City Manager"), and Corpus Christi Concert Ballet ("Recipient"), a Texas non-profit
corporation, qualified as a 501(c)(3) organization under 26 U.S.C. Section 501(c)(3).
Whereas, the City has allocated $$3,855.00 in Hotel Occupancy Tax revenue ("Grant
funds") to enable Recipient to perform those activities described in Exhibit "A"
("Activities"), a copy of which is attached to this Agreement and incorporated by
reference;
Whereas, City desires to encourage and fund activities that promote the arts and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code;
Whereas Recipient desires to provide those activities that promote the arts, and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Chdsti, as the sole or contributory producer of the activities described in
Exhibit "A" ("Activities");
Whereas, City has determined that there exists a genuine need for Recipient's Arts
program in the City of Corpus Christi and wishes to encourage the production of
Recipient's Arts Program through the funding of these Activities;
Now, therefore, City and Recipient agree as follows:
I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax
Revenue to fund activities produced by non-profit, community-oriented organizations,
specifically those programs that promote the arts and in doing so also promote tourism
and the convention and hotel industry within the City of Corpus Christi.
II. Term. This agreement commences on the 1s~ day of January, 200_5 and terminates
on the 31~t day of December, 200_5.
III. City's Duties. City agrees to pay Recipient $3,855.00 out of revenue from the City
of Corpus Chdsti's Hotel Occupancy Tax fund for use in accordance with Section IV
below. In no event will City be liable for an amount in excess of this grant amount.
2005-230
01/11/05
M2005-004 ;CCo.o. ,~Ball.~ Prob.¢ ledForm dot
Corpus Christi Concert Ballet
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IV. Recipient's Duties. In consideration for receipt of Grant funds, Recipient agrees
to perform those activities described in the attached and incorporated Exhibit "A". This
performance shall include those activities that are eligible for funding under Section
351.101(a)(4) of the Texas Tax Code and those activities that are ineligible for funding
under that section of the Texas Tax Code but are inherent in and essential to the
successful production of Recipient's Activities
V. Eligible Activities. Use of grant funds by Recipient is limited to those activities
that, without exception, meet all three of the following requirements:
(A) the activities are described in the attached and incorporated Exhibit "A".
(B) the activities are in the categories of art that are eligible for funding as
described in Section 351.101 (a)(4) of the Texas Tax Code.
(C) the activities promote the arts and in doing so also promote both tourism and
the convention and hotel industry within the City of Corpus Christi.
VI. Promotion of Tourism and the Convention and Hotel Industry. Recipient must
actively promote toudsm to the City and the City's hotel and convention industry as a
goal of Recipient's Activities. This may be accomplished by working to increase the
number of out-of-town program attendees through target promotion and by working with
the local Hotel-Motel and Condominium Associations.
VII. Completion Report. Recipient must submit to the City's Director of Parks and
Recreation ("Director") a completion report ("Report"), a copy of which is attached and
incorporated into this Agreement by reference as Exhibit "B", no later than thirty (30)
days following the termination of this Agreement. The Director, or his designee, shall
review this Report to vedfy whether the Grant funding provided to Recipient was spent
in accordance with the requirements in this Agreement. A Recipient will not be
eligible to apply for Grant funds in the next calendar year if that Recipient fails to
submit its Report within thirty (30) days following the termination of this
Agreement. This requirement will be strictly enforced. Any recommendation or
indication by the City that Recipient may be eligible to apply for Grant funds for
the next calendar year is contingent upon the timely submission of this Report;
and Recipient shall be declared ineligible to apply for Grant funds for the next
calendar year if Recipient fails to timely meet this requirement. The Report must
include the following criteria:
(A) Written assurance to City that all Activities funded by the City served to
promote the arts in the community. This shall be evidenced by providing the City
with a wdtten description of Recipient's marketing or advertising strategy.
(B) For all Activities funded by the City, Recipient must submit to the City a
wdtten estimate of the number of Recipient's Arts program attendees that reside
outside the territorial limits of the City of Corpus Chdsti. This may be
accomplished by the use of a visitor log, by tallying the number of out-of-town
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billings or by listing the out-of-town mailing addresses gathered through the ticket
sales process.
(C) An estimate of the total Arts Program attendance.
(D) A statement of Recipient's Arts Program revenues and expenditures.
VIII. Records Retention. Recipient must at all times during the term of this
Agreement, and for three years following the expiration of the Agreement, keep true,
accurate, complete, and auditable records. Recipient agrees to:
(A) at least annually make pedodic reports to the City of its expenditures from the
Grant funds given under this agreement; and
(B make records of these expenditures available for review to the City.
IX. Disbursement of Funds. Recipient understands and agrees that payment by the
City of Grant funds under this Agreement is contingent upon Recipient's full
compliance with the requirements of this Agreement. Should Director determine dudng
the Agreement's term that Recipient has failed to comply with the requirements
contained in this Agreement, the Agreement is subject to termination in accordance with
Section XVII, listed below, and all Grant funds must be repaid to the City.
X. Unexpended funds. Upon termination of this Agreement, Recipient must promptly
refund to City any unexpended Grant funds.
Xl. Advertising. Recipient must recognize the City of Corpus Christi as a contributor
on all advertisements and publications regarding Recipient's Arts Program. Recipient
must provide Director with a copy of all Recipient-sponsored advertising and promotion
materials regarding its Activities.
XII. Modifications and Waivers. No provision of this Agreement may be altered,
changed, modified, or waived.
Xlll. Relationship between Parties. Nothing in this Agreement shall constitute a
partnership, joint venture, or principal-agent relationship between the parties.
XIV. Compliance with Laws. Recipient shall observe and obey all applicable laws,
ordinances, regulations and rules of the Federal, State, Country and City governments.
This Agreement is subject to applicable provisions of the City Charter and the City Code
of Ordinances.
XV. Non-discrimination. Recipient shall not discriminate, or permit discrimination
against any person or group of persons, as to employment or in the provision of
services, activities, and programs. Discrimination as it pertains to this section includes
discrimination on the basis of race, religion, national origin, sex, disability, or age, or in
any other manner that is prohibited by the laws of the United States or the State of
Texas. Director retains the right to take action deemed necessary by Director to
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enforce this non-discrimination covenant. Violation of this provision will result in the
immediate termination of this Agreement.
)(VI. Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its ofl~lcers, employees, representatives, licensees, and
invitees ("indemnitees") against any and all liability, damage, loss,
claims, demands, and actions of any nature due to personal injuries
including, but not limited to, workers' compensation and death
claims, or any property loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximately or
remotely, wholly or in part, or claimed to have arisen out of, been
connected with, or have been caused by, any act or omission,
negligence, or misconduct on the part of lndemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees participating in or observing
Recipient's Activities. Recipient further agrees to indemnify and hold
harmless Indemnitees in any situation in which injury or damage
results from a violation by the Indemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees, of any law, statute, ordinance, or
government order of any kind. Further, Recipient will indemnify and
hold harmless Indemnitees where injury or damage results or arises
out of the exercise or rights or performance of obligations created by
this Agreement.
These terms of indemnification are effective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees. Recipient must,
at its own expense, investigate all claims and demands, attend to their
final resolution either by settlement or otherwise, defend all actions
with counsel satisfactory to Indemnitees, and pay all costs and
expenses related to such actions on account of liability, damage,
loss, claims, demands, or actions, including attorney fees.
XVIl. Termination.
(A) The City may terminate this Agreement for any of the following reasons:
(1) The City may immediately terminate the Agreement due to any
violation by Recipient of section XlV or XV of this agreement.
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(2) The City may terminate this Agreement due to failure by the Recipient
to substantially perform the Activities described in Exhibit "A". Director
has the sole discretion to make the determination that Grant funds were
used for activities that did not fall within the permitted applications of tax
revenue under Section 351.101(a) of the Tax Code. The City may
terminate the Agreement upon thirty (30) days written notice, specifying
that the Director has determined that Grant funds were used for purposes
other than those allowed under Section 351.101(a) of the Tax Code, and
require Recipient to reimburse the City all Grant funds award. Should
Recipient and Director agree on a modification to the activities specified
in Exhibit "A" and execute a wdtten modification in compliance with
Section XII of this Agreement, the City will not terminate the Agreement
due to Recipient's failure to adhere to the original, superseded contract
terms.
(3) The City may terminate this Agreement due to Recipient's use of
Grant funds to pay for activities other than those qualifying as Eligible
Activities under section V of this Agreement. Director has the sole
discretion to make the determination that Grant funds were used for
activities other than those qualifying as Eligible Activities. The City may
terminate the Agreement upon foudeen (14) days written notice, and
require Recipient to reimburse the City all Grant funds awarded.
(B) Recipient may terminate this Agreement without cause upon thirty (30) days
written notice to City. If Recipient chooses to terminate the Agreement,
Recipient must repay all Grant funds awarded, whether those funds were
expended on Eligible Activities or not.
XVlll. Severability. If any term or provision of this Agreement or its application to a
person or circumstance is determined to be illegal, unenforceable or invalid, the
remainder of this Agreement will not be affected by that illegality, unenforceability, or
invalidity. To the extent possible, similar legal, valid, and enforceable terms will
automatically be substituted for those that are found to be illegal, invalid, and
unenforceable.
XlX. Force Majeure. With respect to any duties, obligations, or covenants (but not
including the Completion Report required by Section VII) to be performed, or
consideration to be provided to either party dudng the term of this Agreement, the party
so obligated shall, in no event, be liable for failure to perform when prevented from
doing so by any cause beyond the reasonable control of that party including, without
limitation: stdke, lockout, breakdown, accident, order or regulation of any governmental
authority, failure of supply, inability, by the exercise of reasonable diligence, to obtain
supplies, parts or employees necessary to perform services, or because of war, natural
disaster, or other emergency. The time when that duty, obligation, or covenant must be
performed or consideration must be provided will be extended for a period of time
equivalent to the delay due to the cause beyond the control of the party obligated.
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XX. Notices. All notices, demands, requests, or replies ("communications") provided
for or permitted under this Agreement by either party must be in wdting and must be
delivered by one of the following methods: (1) personal delivery; (2) deposit with the
United States Postal Service via certified or registered mail, retum receipt requested,
postage prepaid; (3) prepaid telegram; (4) deposit with an ovemight express delivery
service, for which service has been prepaid; or (5) fax transmittal. Notice deposited with
the United States Postal Service in the manner described above will be deemed
effective two (2) business days after deposit with the United States Postal Service.
Notice by telegram or overnight express delivery service in the manner described above
will be deemed effective one (1) business day after transmission to the telegraph
company or ovemight express carder. Notice by fax will be deemed received upon
transmission with proof of delivery to the receiving party. All communications must be
made to:
Ifto Ci~:
City of Corpus Christi
Director, Parks & Recreation
P. O. Box 9277
Corpus Chdsti, TX 78469-9277
(361) 880-346'1
If to Recipient:
Nancy Sullk. Director
Comus ChristJ Concert Ballet
3448 S. AJameda
Corl3us Christi, Texas 78411
(361) 854-7969
Either party may change the address to which notice is sent by providing notice as
described above. Recipient must notify City of an address change within thirty (30)
days after Recipient's address has changed.
XXl. Waivers. The failure of either party to complain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of its dghts as enumerated in this Agreement. No waiver of
any covenant or condition or breach of any covenant or condition of this Agreement by
either party at any time, express or implied, will be taken to constitute a waiver of any
subsequent breach of the covenant or condition. Notwithstanding any indulgence of
any breach by the Recipient of the provisions of this Agreement, it is expressly
understood that the City may at any time avail itself of its remedies under this
Agreement, including the dght to terminate the Agreement on account of breach or
default.
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XXII. Entirety. This Agreement and all exhibits attached constitute the entire and sole
agreement between the parties regarding the subject matter described in this
Agreement. No other written documents or oral representations will have any force or
effect on the subject matter of this Agreement.
XXlII. Captions. The captions contained in this Agreement are not a part of this
Agreement and do not in any way affect or alter the terms of this Agreement~.i )
ExecJ.tted in duplicate, each of which will be considered an original, on the ~ day
of ~ ,2005.
//
A'I-DEt~T: CITY O~: CORPUS CHRISTI
Arm~tary G o~'Noe~ City Manager
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES ~
This instrument was acknowledged before me on('~L~ ~'~ ,2005, by
George K. Nee, City Manager of the City of Corpus C~lsti, a Texas home-rule
munic.~al corporatioC'pn behalf of the corporation.
Notary Public, State of Texas ~ ~ E~r.~ ~ 2~7 . j
Printed Name J "' ' '
Commission Expires
H iLEG-OlR/OlgaR/Doyle\HotlTax AftsKs!2005\052005DC CCConce rtBalle[ Protec [edForm deL
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FOR RECIPIENT
Nancy Suli~ [Pdnted Name]
Director ITitle]
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~ Y \u~_~j ,2-1 ,2005, by
Nancy Sulik, Director, Corpus Christi Concert Ballet, a Texas non-profit corporation,
qualified as a 501(cX3) organization under 26 U.S.C. Section 501(c)(3), on behaff of the
corporation.
Notary Public, State of Texas
Printed Name
Commission Expires
2005 Alit SUBi~I~ANIT PI~OF~AM
PART 2: PRO,TECT DESCI~PTZON
Organization N~mc Cereus Christi Concert Ballet
i|oleI-Motel Tax L~a~e Teht page Fill m. MI thn~ applie~ and tach,de line copy wJlh t'~eh proi¢ct
h~tlKalclhedi~ciplineIM thalb¢~[ dcsclibctlli~lcqtleM2 ~] Dante ~ IhL'atc[
~ Lilerature ~ Aris JlI-EdtlCalJOll ~ Museurll ~('LIIILI~d] ~ ~ et th
~ A-SSO,(~I(} orJess DB-$50.i~i SlO0.OOi} ~L'-SlO0,O00-tl million
Projects ~ust be completed within she te~ of su~: Jan~ 1-~ce~ber 31. If you
cha~ th~ date (only cha~e all~ed) of yo~ ~oject .iffiin the 9~ant yea~, ~ease
n~lce of the chanDe to A.C.C. P~Jects may not ~ e~ended into the n~ yea~.
Except~ns.
I).
Thi~i-,PrqlCCt ~' 1 ofat.lalt, l'~appllctnion., L;S rctlt. C:s~_tl: 5.000
Pro c~l lille: Ballade al aire libre/ admi*smn ticket ('.st~: Free
Da~n3~ ~e P~
t)atc(q ol'c~ enltsl mcludcdin this pro eot: O~ober 7 & 8, 2~5
Hie Project Exhibi[~ou;~nisl Ibr ~hich Ihmlinp is being stmglu i~ confirmed"
Is Ibc hlcilil~ or xcnuc m COlllpliancc wilh Ihe Americans with l)isabi[it~s AcI'
accessibil[Iv by handicapped/disabled person~'.'
E~limnied number el pe~ons Io bencl]l direcdy Ikom tl~is Proiecl: 4,~00
Please oullme your plan~ Io adve~i~ thi~ project: If you are requcstin~ ttOT money, include out-of-cdy
Please see attached.
9. List methods of tracking oul-of Iown all, cndccs.
Please see attached.
II). Is this activity a performance by slud~nls in a class'? X No Yes It yes, will there be a pmt'es.ional
perforrrunff in the prognun? Il'yes, how long will the professional perform:
fpo ,or lnswer unless file iI1¢11~,'j1¥ J~, Igi ¥olllh aerformance)
Organi/.ation Nmmo Corpus ChdsU Concert Ballet P~,,j~,~t (2005) N.,.¢ Ballando al aim Ilbre/ 22
Danctn' In the Park
Attachment for Question 8 & 9
8. Please outline your plans to advertise this project: If you are requesting HOT money, include out-of-city
promotion.
Corpus Christi Concert Ballet's marketing/advertising strategies are aimed at promoting tourist interest
throughout the Coastal Bend, and other areas including Beeville, Victoria, Kingsville, San Antonio, McAIlen
and other communities in the Valley. Many residents from outlying towns of Rockport, Simon, Ingleside,
Aransas Pass, and Mathis attend our performances for many of the regional dancers are fi'om these smaller
towns. City hotel lodging is generally used by dancers' families rather than driving the distance several days
consecutively, in addition to shopping and eating in local restaurants. The following media are to be used for
publicizing the event.
*Rack Cards announcing Bailando al aire libre/Dancin' in the Park will be placed in Visitor Centera in
outlying towns, distributed to area and local restaurants, banks, mall locales, Ticketn~ter outlets, and other
public access venues in addition to a lO,O00 neighborhood zip code mail out in Corpus Christi. All local and
area Chambers of Commerce will receive rack cards and press releases for their monthly meetings to promote
the events.
*Caller-Tlme~ Website posts the performance information on the Calendar of up-eomin~ evernts. Press
releases are sent to all local and area newspapers, college publications, the Texas Monthly MaEnv/ne, Flightline
(Naval Base Newspaper), the CorpusChristiDaily.com made available by James Duel'r for local/area performing
arts events.
*Public Service Announcements on local/area television and radio stations. Free listings in the local and area
r~-wspapers about upcoming events.
*Budgeted Allotment for Paid Advertisements in newspapers, radio and TV media coverage insuring public
information about the event beginning 8 weeks prior to the event.
*Attractive Posters and Flyers, announcing the event with sponsors and funding sources promlnemly
displayed.
9. List methods oftraekin£ out-of town attendees.
Our method of tracking OUT-OF-TOWN attendees for the Bailando al aire h'bre/Dancin' in the Park were
selling pen lights so the audience would be able to read the program and we verbaUy asked where people were
coming fi.om to view the performances...a better way for Bailando 2005 will he to have a drawing at
im,~,,,i~sion for a give away of free tickets to NUTCRACKER 2004 and FIREBIRD 2005 for the people
coming the longest distance, gnnoullcemeuts would be made ~ the beginning, and intermission to sigll up for
the drawing.._including information on the stub indicating their zip code.
Or~_ -i~tion Name: Corpus Chri~i Comx~t Ballet Proj~:t Name: Batllmdo al ~ lllav, dDunein' ill ~ Park
of Corpus Subgro.* erogrom ¢omp ,io. Rcpo , Exhibit"Il'
A seperote repo~ is required for eoch project.
**Sign Oritanization Name on bottom of EACH oage Subgrant Year: 2005
This Report is due January 31'~ for all projects that were funded during the previous grant cycle. Funding will not be
awarded for the upcoming funding cycle if comoleflon report(s) are not received by Jan. 31. 2006.
Part A
Part B
1.
Part C
Refer to instruction codes to use in the blanks. Every blank must be filled In. Use onlv this form.
Discipline information. Choose ONE category and fill in the blanks for the program for which you were funded
and that best describes the program for which you were £unded.
Geoeraphic/Audience information:
a-audience served
b-audience characteristics
c-total audience attendance:
d-total out-of-town attendees
e-total out-of-coun~-y attendees
List the approximate percenta~,e of the race / ethnic make-up served by this proiect:
Use for Audience
R-rural area-(less than 10,000)
S-suburban area
U-urban A = all of above
American Indian % Asian / Pacific %
African American % Hispanic %
White % *TOTAL %
Pers~nneUProntam Information
Provide the actual number of individuals who participated in the project in the following spaces:
Artists who received a fee
Artists who volunteered time or work
Non-Artist volunteers
FulMirne personnel
Part-time personnel
2.
3.
4.
5.
Part D
Conferences
Festivals
Publications
Other
Activity Information List the number of events held in each category and attendance:
Commissions (original works) Exhibitions
Lectures / Demonstration Performances
Open Rehearsals Master Classes
Organization nme:
Project Name
Money: HOT/GF
Updated 3/8/04 Completion Report 2005
Part E
1.
Project Summary
Descrll~tion of Prolect. Were objectives met, as stated on the application form for this project?
(Be very specific and use thc objectives you listed on Part 2-Project Information)
Marketing Component of Project,I- Describe the specific promotion and marketing strategy you used,
giving details of with whom and where you promoted. For redpients of Hot Tax money, demonstrate the
major component of promoting tourism and hotel and convention activity. Include promotion samples (2)
(not to exceed 8.5xl 1 - reduce size if necessary).
2-Describe your website
3-(For Hotel-Motel tax grant recipients only)
Describe the method(s) used to track out-of-town attendees (attendees that reside outside the
territorial limits of the City of Corpus Christi): be VERY' specific and detailed.
Describe your outreach and marketing strategy to ethnic communities or special constituencies.
used to promote tourism and hoter and convention activity, Attach copies of promotJon such as news
releases, invitations, and a copy of your own program. Attach any reviews you might have
received (no more than 3 copies or reviews not to exceed 8.5xl 1, reduce if necessary).
4. Additional comments about your prolect. Feel free to attach additional pages.
Organization Name
Updated 318104
Project Name
Completion Report 2005
Part F - 1 For Actual Project Revenues
(Rounded to the nearest Dollar)
Actual Earned Income
a, Actual Ticket Sales
(This Project Only)
Workshoo Fees/Tuitions
c. Other Earned Income (Specify)
Fundraising
Memberships
Unearned Income ]
a. Government Grants (Specify)
City Subgrant $
b. Foundation Grants (Specify):
CASH CITY
(Subgrant)
$
$ $
$ $
$ $
$ $ $
IN-KIND
$
$
$
$
PROJECT TOTAL
I I
Other Unearned Inc. (Specify)
Contxibutions; Soonsors &
Membershil~s
Other
3. TOTAL REVENUES [ I>l I>l I> I I
OF~aniTattoanl Name:
I ].a:lae~ 3/a/o4
Project Name
Completion Report 2005