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 ~.
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ATTEST:
CITY
CORPUS CHRISTI
'- ~.-
. Noe, City Manager
;;l- I -0 "
By / fA c,- ~"C' '. "r
Armando Chapa, City Secretary
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Date: . I. ... c'
-_....._-
By:
Georg
Date:
Approved this ~ day of _. eft-'\. 'v' .~,
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By. t.,.'\"".'\2 "",oJ "-<.
Lisa Aguilar, ASSis~t City Attorney
for City Attorney ,j
,-2005-- r~):C-"L" 1.
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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.
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