Loading...
HomeMy WebLinkAboutC2006-030 - 2/1/2006 - NA AGREEMENT CONCERNING PAYMENT OF FUNDS IN SUPPORT OF Texas A&M University-Corpus Christi, College of Education, Antonio E. Garcia Education Center The City of Corpus Christi (the "City") and Texas A&M University-Corpus Christi, College of Education, Antonio E. Garcia Arts and Education Center (the "Center"), a Texas non profit corporation, make this Agreement concerning payment of funds in support of the programs, educational development and community services provided by the Center (the "Programs") and aCknowledge 1 The Center has provided the citizens of Corpus Christi with educational and cultural Programs to increase understanding of the Hispanic cultures. This is accomplished through the visual arts, performing arts, enhancement of literary traditions and aspirations of Hispanic authors, the development of positive self concepts of the children in the community through the arts, educational opportunities in the arts for the youth and proviSion of meeting and event space for the many groups and organizations that are a part of the Center's community. 2 The City supports the Center and wishes to assist in its funding for the period August 1, 2005 through July 31, 2006, The City and the Center agree: 1 The City will pay the Center Fifteen Thousand dollars ($15,000) to support the Programs, for the 2005-2006 budget year, to be paid out on a quarterly basis based upon the City's Fiscal Year, The payments may be adjusted by the City Manager, or his designee ("City Manager"). The payments will be made upon receipt of invoices and documentation of receipt of services and payments made by the "Center" relating to the Programs during each quarter, including without limitation operational costs such as salaries and utilities. Invoices and the backup documentation shall be sent to the Park & Recreation Department, Cultural Services Division, P. O. Box 9277, Corpus Christi, Texas 2. In consideration of this payment, the "Center" shall: a Continue to provide programs, educational development and community services to the community; b Maintain hours during which the Center is open to the general public; c. Make the facility available to the various groups and organizations in the community; d Make the Center a vital part of the community and provide educational activities in the arts for the youth of the area; e Allow the City to review the books and records of the Center to monitor the disposition of the funds paid under this Agreement. Such review of books and 2006-030 ~ude an audit; however, any such review shall be completed during 02/01106 s hours, and at the expense of the City. TAMUC< 3 The City and the Center also agree that: a The City Manager shall determine the date and frequency of payments by the City to Center in support of the Program in any future years if and when such funding is appropriated by the City Council. Such payments will be made on a quarterly basis, but may be made more or less frequently as solely determined by the City Manager: b The City Manager shall have the authority to defer, suspend or cancel any payments to Center should any audit or other source of information indicate that any City funds have been applied to uses other than those herein stated without the express and prior written approval of the City Manager, or his designee; c Payments shall not be used in any manner contrary to law or this Agreement; d This Agreement may be amended at any time by written agreement of the City and Center e Notices to the Center shall be addressed to: Antonio E. Garcia Arts and Education Center Attn: Executive Director 2021 Agnes Corpus Christi. Texas 78407 Note: T AMU-CC and City Agree to follow the "Dispute Resolution" process described in Attachment A if needed . ...t- SIGNED AND AGREED UPON, this the. I day of ~. ~, I~ ATTEST: CITY CORPUS CHRISTI '- ~.- . Noe, City Manager ;;l- I -0 " By / fA c,- ~"C' '. "r Armando Chapa, City Secretary / ./ Date: . I. ... c' -_....._- By: Georg Date: Approved this ~ day of _. eft-'\. 'v' .~, / j By. t.,.'\"".'\2 "",oJ "-<. Lisa Aguilar, ASSis~t City Attorney for City Attorney ,j ,-2005-- r~):C-"L" 1. 2 Attachment A Dispute Resolution "The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by Texas A&M University-Corpus Christi and to attempt to resolve any claim for breach of contract made by the contractor: A claim for breach of this contract that the parties cannot resolve in the ordinary course of business shall be suhmitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To ll1itiate the process, the contractor shall submit written notice, as required by subchapter B, to the Director of Purchasing. Said notice shall specifically state that the provisions of Chapter 2260, suhchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of Texas A&M l' niversity-Corpus Christi and the contractor otherwise entitled to notice under the parties' contract. Compliance by the contractor with suhchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by lexas A&M University-Corpus Christi if the parties are unable to resolve their disputes under suhparagraph (A) of this paragraph. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by Texas A&M University-Corpus Christi nor any other conduct of any representative ofTex&'i A&M ([niversity-Corpus Christi relating to the contract shall be considered a walVer of sovereign immunity to suit. The submission, processing and resolution of the contractor's claim is governed by the published rules adopted, by the Attorney General pursuant to Chapter 2260, as currently effective, hereafter enacted or suhsequently amended. Nelther the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of pert()rmance by the contractor, In who Ie or in part. The deSIgnated individual responsible on hehalf of Texas A&M University-Corpus Christi for examining any claim or counterclaim and conducting any negotiations related thereto as required under g2260.052 of H B of the 76lh Texas Legislature shall be Judy Harral, Director of Purchasing. 3