HomeMy WebLinkAboutC2005-327 - 1/11/2005 - ApprovedPage 1 of 8
AGREEMENT BETWEEN THE CITY OF CORPIJ~ CHRISTI AND
[~;J.~IAR CO~ I ~=GE~AN¢~= i=N$;:MRi..., ..-'t,.~,,i~[.RE~)
(AR'r8 AND CULTURAL CO~MIESlON-
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMEHT)
KNOW ALL BY THESE PRESENTS:
This Hotel Occupancy Tax Revenue Reclplent ,Agreement ("Agreement') is made and
entered Into by and between the City of Corpus Christi, a Texas horrm-rule municipal
corporation ("City'), acting through its dj~ly authorized City Manager or his designee
(~Clty Manager'), and Delmar Colleoe~3ance I=nsemt:~i)('R~lplent'), a Texas non-
profit corporation, qualified as a 501(c)(3) organ~. ~er ~ U.S.C. Section
501(cX3).
Whereas. the City has allocated $919 In Hotel Occupancy Tax revenue ('Grant funds')
to enable Recipient to pedorm those activities described In Exhibit =A' ('Activities'), a
copy of which Is attached to this Agreement and incorporated by re;erence;
Whereas. City desires to encourage and fund actlvltJes that promote the arts and in
doing so serve to promote tourism and the conventton and I'~k~ Indu~by within the City
of Corpus Christi, In accordarx:e with Chap[er 351 of the Texas Tax Code;
Whereas Recipient cle~Jres to provide those actMtles that promote the arts, and In
doing so serve to pmrnote tourism and the convention and hotel Indus'a'y w~ln the City
of Corpus ChriS, as the sole or contributory producer of the actMtles described In
Exhibit "A" ('Actlvffles'):
Whereas. City has determlrmd that them ex~ a genuine need for Reclplent'e Arm
program in the City of Corpus Christi and wishes to encourage the production of
Rm:lplent'a Arts Program through the funding of these Activities;
Now. thefurum, City and Recipient agree as follows:
I. Purpoea. The City desires to expend funds from the City's Hotel Occupancy Tax
Revenue to fund actlvttles produced by non-profit, community-oriented organlzatlorm,
specifically those programs that promote the arts and in doing so also promote tourlam
and the conventJon and hotel Industry within the City of Corpus Christi.
II. Term. This agreement commences on the 1 '~ day of January. 2005 and
terminates on the :~1" day of December, 200~.
III. Clty'a Dufle~. City agrees to pay Recipient $919 out of revenue from the City of
Corpus Chrlsti's Ho[el 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.
2005-327
01/11/05
M2005-004 ~" ~,=,~.,mu,.,,o=~ ~
Del Mar ¢ 'elle~
Page 2 of 8
IV. Reelplent'a Duties. In consideration for receipt of Grant funds, Reclpler~ agree~
to perform those activffies de~:ribed in lfm attached and Incorporated Ezhlldt 'A'. This
perfo,,,ance shall Include those activities t~at am eligible for funding under Section
.351 101 (aX4) of fl'm Texas Tax Code and ttx~se aclNffies t~at am Ineligible for funding
under that section of the Texas Tax Code but am Inherent In and emmet]al tx> the
successful production of Reclplent's Activities.
V. Eligible Actlvttlee. Use of gram funds by Recipient Is limited to those acUvffies
that. without axceptlon, meet all three of ttm following requirements:
(A) the activities am described In the attached and Incorporated Exh~lt =A'.
(B) tbs acttvltk~ am In the categodse of art that am eligible for funding as
described in Section 351.101(aX4) of the Texas Tax Code.
(C) the actMtles pmrno~e the arts and I~ doing so also promote both tourism and
the convention and ho~ Indu~y wflbln the City of Corpus Christi.
Vi. Promotion of Tmz~m and the Cmwention ~ H~I Induat~f. Recll~ent must
~ promote tourism to the City and the City's hotel and convention Industry as a
number of out-of-tov~ program attendees through target promotion and by woddng with
the local Hotel-Motel and Condominium Associations.
VII. Completion RelX~ Recll~ent must mit 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 F-xhlMt =B", no later than thirty (30)
days following the termination of this Agreement. The Director, or his designee, shall
mWew b~ls Report to verify whether the Grant fundleg provided to Recipient was speet
in accordance with the requlremen[s In this Agreement. A Rec/p/ent w///n~t be
eli~lble to appty f~r Grent fun~ ln ffm next ~ yeer lf e'~t ~ fail~ to
sulxelt ~ Report wlt. hin t~lrly ('JO) ~ foilowir~l the ~'minefJo~ of th~
Include the following crlteda:
(A) Written assurance to City that all Activities funded by the City served to
promote the arts In the community. This shaft be evidenced by providing the City
wtth a wH~mn description of Reclplent's marketing or advertising strategy.
(B) For all Activities funded by the City, Recll~nt must submit to the City a
wdt[en estlrna~e of lbs numbe~ of Rmclplent'm Arts program attendees that reside
outside the territorial limits of the City of Corpus Christi. This may be
accomplished by the use of a visitor log, by tallying the number of out-of-tow~
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billings or by listing the out-of-tow~ r~mlllng mJclre~e~ g~tmred through fl'm ticket
sales process.
(C) An e~mate of U~e total Arts Program attendance.
(D) A statement of I~clpi~nt"a Arts Program revenues and expeexilturo8.
VIII. Recordl ReeBrd~n. Recipient must at all times during the term of thle
Agreement, and for ~ree years following the expiration of the Agreement, keep Izue,
accurate, complete, and audltable records. Recipient agrees to:
(A) at least annually make periodic reports to the City of ~ expenditures from the
Grant funds given under this agreement; and
(B make records of these expenclltums available for ~ to the City.
IX. O~dlb~ement of Fund~. Recipient undemtarK:ls and agreee Ulat payment by the
City of Gm~ funds under l~lls Agreement is conUngent upon Rmflplent'a full
compliance vdth ttm requlreme, Lu of this AgreemenL Should Director detmmk~e dining
the Agreement's term U~at Re(dr)lent has failed to comply with the requlmmerd~
contained In l~ll~ Agreement, the Agreement is subject to termlnal~n In accordance with
Section XVII, listed below, and all Grant funds must be mpeld to the City.
X. Urmxpended fundm. Upon termination of this Agr~--~ment, Recipient mum prompUy
refund to CAty any unexpended Grant funds.
Xl. kdv~rtblng. Recipient must recognize the City of Corpus Christi aa a contributor
on all adverUsemenls and publications regarding Reclpler~m Arts Program. Recipient
must provide Director wtth a copy of all Reciplent-~ponm~'ed adverUslng and pmrnoUon
materials retarding Its ActMUes.
XlI. Modfftcltk)rm alXl Wllverl. No provision of this Agreement may be altered,
Xlll. Relatlormhlp between ParUem. Nothing In ~i8 Agreement al'mU constitute a
partnemhlp, Joint venture, or principal-agent relaUonshlp between the parties.
XIV. Compliance with I. aw~. Recipient shall observe and obey all applicable lavm,
ordinances, regulatiorm and rules of the Federal, State, Coun'a7 and City governments.
This Agreement Is subject to applicable provisions of the City Charter and the City Code
of Ordlr~r'~.
XV. Non-diaorlmlnatlon. Recipient shall not dim=dmlnate, or permit discrimination
against any person or group of persons, as to ernployment or In the provision of
services, acflvffie8, and programs. Discrimination as It pertalne to t~l~ section Inctucles
dlscrimlnaUon on fl'le basis of race, mNglon, national origin, sex, disability, or age, or In
any off, er manner that Is prohibited by the law8 of the United States or the State of
Texas. Director retains the dght to take action deemed necessary by Director to
Page 4 of 8
~fforc~ th~ non-discrimination covenant. Vlo[Efdon of thl~ provision will result In the
~mmedlate termination of this Agreement.
XVI. Indemnity. To the extent allowed by Texas I~w, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, employees, representatives, licensees, and
Invltees ("lndemnltees') against any and all liability, damage, loss,
claims, demands, and actlons 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 proxima~ 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,
Reciplent's agents, servants, employees, guests, contractors,
patrons, licensees, orJnvltees participating In or observing
~l~'s Actlvitle~ilReciplent further agrees to Indemnlly and hold
· harmless Indemnltees In any situation In which Injury or damage
patrons, licensees, or lnvttees, of any law, statute, ordinance, or
government order of any kind. Further,*lt~teclplent will indemnlly and
hold harmless Indemnltees where inJur~ or damage results or arises
this AgreemenL
These terms of Indemntficatfon are effective regardless of whether
said Injuries or damages result from the sole negligence, contri~
negligence, or concurrent negligence of Indemnltees. Recipient must,
at Its own expense, Investigate all clairns and demands, attend to their
final resol~ either by settlement or otherwise, defend all actfona
with counsel satfsfactory to Indemnltees, and pay all costs and
expenses related to such actions on account of liability, damage,
loss, claims, demands, or ~, Including attorney fee~
XVlI. Termination.
(A) The City may terminate this Agreement for any of the following masons:
(1) The City may Immediately terminate ~e Agreerne~t due to any
vtolaflon by Recll:~nt of section XlV or XV of this agreement.
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(2) The City may terminate this Agreement due to failure by the Rm=lplent
to substantially perform the Activities described In F_~hlbit "A". Director
has the sole dlsc,-e~lon to make the determlnatJon that Grant funds were
used for activities that did not fall within the permr'm-~l appllcatlorm of tax
revenue under Section 351.101(a) of the Tax Code. The City may
terminate the Agreement upon thirty (30) days vw-~mn notice, specifying
that rite DIrec~r has dete,',,,Ined that Grant funds were used for purposes
other than tho~e allowed under Section 351.101(a) of the Tax Code, and
require Recipient to reimburse the City all Grant funds award. Should
Reclplent and Director agree on a modification to the aclMtJes specified
in E~hlblt "A' and execute a w~-~un modification In coml~lance wffh
Section Xll of this Agreement, the City will not terminate the Agreement
due to Reclplent'a failure to edhem to the original, superseded
(3) The City may terrnlnate this Agreement due to Recllgent's use of
Grant funds to pay for actMflaa other than those quallf3dng aa Eligible
Ac~vffiea under section V of this Agreement. Director ha~ the so~e
dlm::mtlon to make the determination that Grant funds were used for
activffies other than those qualifying as EIIglbio Actlvffiea. The City may
terminate the Agreement upon fourteen (14) days written notice, and
mclulm Recipient to mlmbume the City all Grant funds awarded.
(B) Recipient may terminate this Agreement without cause upon thirty (30) days
w~mn notice to City. If Recipient chooses to terminate rite Agreement,
Recipient must repay all Grant funds awarded, whether those fi. rods were
expended on Eligible ActivflJes or not.
XVllI. Sev~rablllty. If any term or provision of this Agreement or Its apfllicatlon to a
person or drcurnsbance is determlr'md to be Illegal, une. i'urceable or Invalid, the
mrnalncler of thl~ Agreement will not be affected by that Illegality, unenforceablllty, or
invalidity. To the extent possible, similar legal, valid, and enforceable tmzrm will
automatically be substituted for those that am found to be Illegal, Invalid, end
urm,~forceabie.
XlX. Force Majeure. With respect to any duties, obligations, or covenaaL~ (b~ not
including the Completion ReportmquiredbySectk~ tS/) to be performed, or
conslde~u~on to be provided to either party during the term of this Agreement, the party
so obligated shall, in no event, be liable for failure to perfo,,,, when prevented from
doing so by any cause beyond the reasonable control of that party Including, wffi'mut
limltetlon strike, lockout, breakdown, accident, order or regulation of any govemmantal
authority, failure of suPWY, inability, by the exercise of reasonable diligence, to obtain
suppilaa, parts or employees necessary to per[o,,,, se~ces, or because of war, natural
disaster, or other emergency. The tlma when that duty, obligation, or covenant must be
performed or conside~.~;on must be provided will be extended for a period of time
equivalent to the detay due to the cause beyond the co,~bul of the party obligated.
H L~3-OIR¥3~e~q' Do,f~lob"rex ~rl~m~305.0,41~ E~,
Page 6 of 8
XX. Noacea. All notices, demands, requests, or replies ('communications') provided
for or permitted under ~i~ Agreement by either party must be In wdGng and must be
delivered by one of the fotlowi~g methods: (1) personal de,very; (2) deposit wlth the
United Sta~s Postal Service via certified or registered mall, re{um receipt requested,
postage prepaid; (3) prepaid telegram; (4) depose wfl. h an overnight express delivery
sennce, for which service has been prepaid; or (5) fax transmittal. Notice deposited
the United States Po~al Service in the manner de~mrlbed above will be deemed
effecth/e two (2) business days after deport with the United States Postal Service.
Notice by telegram or overnight express de,very sense In the rnarmer de~;rlbed above
will be dcc.-ned effective one (1) businee~ day after tranarnlsalon to the telegraph
company or ovemlght express can'ler. Notice by fax will be deemed received upon
transmission wffh proof of delivery to the receMng party. All communications must be
made to:
If to City:
C~y of Corpu~ Chrt~
Director, Parks & Recreation
P O. Box 9277
Corpu8 Christi, TX 78489-g277
(361) 880-3461
D~lm~r Coll--,e
Sh-wnee Jonee-.BenneW ,'--t. P~
1~'ISR. 101 ~'-'4win
Comu~ Christi. Tex~ 78404
(361) 6~-1334
Either party may change the address to which notice is sent by pmvtdlng notice aa
described above. Recipient must notify City of an address change wffhln l~lrty (30)
days after Re~lplent'~ address has changed.
XXl. Walver~ The failure of either party to complain of any act or omlaalon on lhe part
of b~ ~ party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of Its rights as enumeia'.~l in ~ls Agreement. No waiver of
any covenant or condition or breach of any covenant or condlUon of fftb Agreement by
either party at any time, express or Implied, will be taken to constitute a waiver of any
subsequent breach of I~e covenant or condition. Notwffhstandlng any Indulgence of
any breach by the Recipient of the provisions of this Agreement, It bi expre~dy
understood that the City may at any time avail Itself of Its remedies under this
Agmc.'nent, Including bhe right to terminate the Agreement on account of breech or
de;ault.
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XXII. Entirety. This Agreement and all exhlblts ~ consSkJte rite entire and sole
agreement between lyre parties regarding t]~e subject matter described In this
Agreement. No other WT~u~n documer,~ or omi representations will have any force or
effect on the subject matter of this Agreement.
XX]II. CalX]OhS. The capUorm contalrmcl In this Agreement am not a part of this
Agreement and do not In any way affect or alter the terms of this Agreement.
Exerted In duplicate, eac~ of which will be considered an original, on the ~ day
of IFJ, 6[~ ,2005.
ATTEST:
Armando Chapa, C.y S r,.tary
AJ~~: 23 Mm'cfi 2005
Chief, Administrative Law Section
Senlm' Assistant City Attorne~
For City Attorney
STATE OF TEXAS
COUNTY OF NUECE8 /~,~l,
George, K. Noe, City Mltqager of the C. Jty of Corpus Christi, ~]l'exas home-rule
Commission Expires
Page 8 of 8
STATE OF TEXA8
COiJNTY OF NUECE8
coq3orat]on, qualtl~d as a 501(cX3) o~anl~d]on undo. 26 U.S.G. ~ 501(cX3), on
Nobly Put:HIc, Sta~ ~ Texas ;i~ ........... ~,
Prlntm:l Name
2OO5 ART ~UB&RANT ~
PART E: PROTECT ~
ExhMA
HoleI-Motel Tax Usage Test page. Fill out all that applies and include one copy with each project.
Ind]catc the discipline(s) that best describe this request: I~Danct [] Theater []MusicI'1 .VisualArts
I-I Literature [] Aris-in-Education [] Museum CICulture] [] Youth Arts
4. indicate the current operational budget for your Organization: check o¢ circle
I~"A-$50,000 or less VIB-SS0.O00-SI00,000 CIC-SI00,000-SI million
5. A 'PROTECT' is defined as: A singular event or a ~fies of related activitieL Each organi~a~3oa may .appl~
for no more than 2 project~; the maximum total amo~#t that may be ~luemd is $10,000.. ·
PrOjects ~ b~ ~ wmdn the'm'm of sulax~: J'amer'y l-I:)ecemb~.31..~f you' ·
6.
B
C
l)
Thi,~ish'oject# ..~ ora total of/ applica~ions. SSreque~ted~2qO0,
Project Title: AAe~'II'~''' /[g,,"T' Actminlon/dcket Corn :__~
Date(s) of event(s) includecl_ Ln thi~ project: ~ IIj ~.aO~' ' ' ..."
The Project/Exhibition/Artist for which funding is being sought is confu~ed? Y(~ ..No
Is the facility, or venue in compliance with the Americans with Disabilities Act?..~ No
(Plea.se see Atlachment A to this application, a s~t oflhe Arts & Cultural'C(J~isskm's ·
pos]doe mx Acce~bility). If"No". what &re you as an organization going to do to insure
acces~'biti~y by handicapped/disabled persoos?
E st]mated number of persoas to benefit directly from this Project: ,'~ '~ ~'. ~7. ,
Plea.se outline yom' plm:~ to advertiae thi~ project: ff you ,, ~; ~qu~ HOT moaey, ~ ~-~ ~
, '. ~
bet auk lxl)
10. lathisactivitytpefformm~bymi~aclm?__No , .Yea lfyea, will there be a fa ut '_tm,I
~u$ in the tX'Q,gzam? ffyea, how long will the lx'ofemoeal perfor~
(Do Bet an-wet uuJess th. tclhttv ,h · VeUtk oerrorn,-nce~
'1'~ descriptio~ will be m major couq~.~.4t ~ dugn.o the reviow ~ N~ mor~ *b-- 250 wordl, 12
and area dance teanm.
Fund-rMNng wi Include beke-eale., t-ahlrt m, Im lupp~t ~ Itm. K~llal~ly
Pitt F - I
For Actuml Project RmmnuN
(Ro.~dod ~ th uttr~ Dollar)
Un~d
t Go~n~ ~
¢~ s~.~
b. Fore. Imam Orm~ (SpeciFy):
CASH CITY
$ $
$ $
$
S
S
$
$
$
$
$
$
$
$
$
$
I>l
IN-MIND
$
S
$
S
$
S
S
S
$
I>l
I
P;rt F - 2 ACTUAL PROJECT EXPENDITURE~
CRo~rl to tim mrmt dolor)
$ S, $
$ $ S
S S S
$ S $
~pmmditmrm ~E~m In tim lo~r filet eor~r of P~-t Z, Pm~e 3.
(PLEA~ ADD ATTACHMENTS AS NECESSARY TO CLARIFY .r,6,f'~' Rr.f~TION
OF TI:ITR PROJECT am/I'.ARET. F. At~ A'FFA('3:IM~NT AS TO WHAT ~qECTION FF APPLIr, S)
~ NOTE...please do not add or include any other material with this rqx~ Thank
FORM - (it may be copied; but no changes size wise or otherwise).
or~ma~,,~ ~ PmJo=t Name ..
PRO~ECW FI?NA~ DATA
REVENUES
In.v.A~E NOTE
PROVIDE ONE PRO.CT BUDOPT OH1.Y IN Ting SECTION
ADD ~ J. COLUMN8 AND ROWS ~ INDICATI:D (~).
Remluder~: Figu:r~ "D" in the lowe~' right congr ~ the total project ze~,~mea nm~cimed with thi, ~ojecL
This iigure should equal the toUd project ~ (Figure "D") ~mwn in the lower right oot'n~ of Part 2,
Page ~-50nmlmtt~b~lymtdhedwithca~haz~d/orin-ki~l~lervi~. Pl~aenoteth~te~utc~__meffnot
ext~c125% of the project toad.
Part F For Actzml ProJe,~'t Rm~nu~
(Roz~led To TI~ N~t I)~iar)
PROd'F. CT F'r~'4AIqCZAL DATA con't
EXPENDI'TI. mE$
EzpendJturel m~t be ~ ~ reveam ia mcb e~h~m~; lc, ~ re~enae $10d)O0; C_.~'~ m~t
equal $10,MO. la~mlndm: ~1o ~t wel ~ ~ ~M~I ~ ~ Grot mm ~ m~ ~ ~
an~or ~nd ~. ~d ~ ~ ~ 25% ~ ~ ~L
~ T. ~ NH ~)
I J;XPr-N nFfURIC~ ~ CITY
mlmm ~m I~ qmmQ
O~her: S 41' S ~ S
c. Other
JnKnnce S_.~_~ s ~
S ~
S ,-~
S
S ~
S -~
s_.~
$ ~
S ~
s -~
S -~
bc copi.--d, I:~ no cbmmgm tomy bo made to throe fom~).
A SelXU~te m~t is ~.,quired f~ ~ i~o,Ject.
**Sip Or...~thu Nm.. 9.il I~ffo,' of',~,,,l~A; ,--. Sub,'ut Y.em 2(MIS
TMf lbport b due J~nutr7 31" For nil pmJecU tlm~ were hndf~d durt~ f~,,. pruq, k)us Irum cTde. Fundlq wgl m b
FtrtB Rd~ 1~ InMm~ton m ~o u~ In !t~ bi, nlm. C-vmy bbnk m~t b~ fll~d I~ Ow oal~ ~ ~orA
PartC
Poroocm~rum I~
U-arb~
2.
3.
4.
5.
,a~'l~mtm who rece~,~,~d m fae
.~Nrb~stm v~f~o ~ tl~ ~ wod~
Fuli-l~me
Pm'rD
Public~tiom
Otb=
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