HomeMy WebLinkAboutC2006-220 - 4/18/2006 - Approved
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AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI CHAMBER MUSIC SOCIETY ("RECIPIENT")
;.,ARTS AND CULTURAL COMMISSION
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The State of Texas
KNOW All BY THESE PRESENTS:
County of Nueces
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 Chamber Music Society ("Recipient"), a Texas
non-profit corporation, qualified as a 501 (c)(3) organization under 26 U.S.C. Section
501(c)13
Whereas the City has allocated $9,447 in Hotel Occupancy Tax revenue ("Grant
funds") to enable Recipient to perform those activities described in Exhibit "A"
i"Activlties''). 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 Christi. 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 the1 st day of January, 200Q and terminates
on the 31st day of December, 2002,
2006- 220
04/18/06
"12006-114
C ( Chamber Mm.k Sorieh
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III. City's Duties. City ,3grees to pay Recipient $9,447 out of revenue from the City of
Corpus Christi's Hotel Occupancy Tax fund for use in accordance with Section IV
below. in no event will City be I!able for an amount in excess of this grant amount.
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. neet 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 tourism 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 verify 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
Al 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 written description of Recipient's marketing or advertising strategy.
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B) For all Activities funded by the City, Recipient must submit to the City a
Nntten estimate of the number of Recipient's Arts program attendees that reside
)utside 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-town
oilllngs or by listing the out-of town mailing addresses gathered through the ticket
,;ales process
C) An estimate of the total Arts Program attendance
OJ 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 periodic reports to the City of its expenditures from the
Grant funds given under this agreement: and
B make recordsJf 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 during
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 i'lll 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.
XI. 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,
XII. 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
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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
enforce thiS non-discrimination covenant. Violation of this provision will result in the
immediate termination of thiS Agreement.
XVI. Indemnity. To the extent aI/owed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, employees, representatives, licensees, and
invitees (Uindemnitees") against any and aI/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 Indemnitees 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.
XVII. Termination.
.A i The City may terminate this Agreement for any of the following reasons:
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(1) The City may Immediately terminate the Agreement due to any
violation bl Recipient of section XIV or XV of this agreement.
(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
usee 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 "An and execute a written modification in compliance with
Section XI i of this Agreement. the City will not terminate the Agreement
due to Recipient's failure to adhere to the original, superseded contract
term s
(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 ether than those qualifying as Eligible Activities. The City may
terminate 'he Agreement upon fourteen (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
vvntten notice to City. If Recipient chooses to terminate the Agreement,
Recipient must repay all Grant funds awarded. whether those funds were
expended on Eli9ible Activities or not
XVIII. 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
XIX. 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 during the term of this Agreement, the party
so obligated shall. In no event. [)e liable for failure to perform when prevented from
doing so by any cause beyond the reasonable control of that party including, without
limitation strike, lockout breakdown. accident. order or regulation of any governmental
authonty 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
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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.
XX. Notices. All notices, demands requests. or replies ("communications") provided
for or permitted under this Agreement by either party must be in writing 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. return receipt requested,
postage prepaid: (3) prepaid telegram (4) deposit with an overnight express delivery
service for which service has been prepaid; or (5) fax transmittal. Notice deposited with
the United States Posta Service in the manner described above will be deemed
effective two (21 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
::~ompany or overnight express carrier Notice by fax will be deemed received upon
transmission with aroof )f delivery to the receiving party. All communications must be
made tu
If to City'
City of Corpus Christi
Director, Parks & Recreation
P. O. Box 9277
Corpus ChristL TX 78469-9277
(361) 880-3461
If to Recipient:
C.ous Christi Chamber Music Society
OfVid Parker. President
22t1 Chandler Lane
C.-pus Christi. Texas 78404
(311) 884-5774
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
XXI. 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 rights 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
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Page 7 of 8
Agreement, including the right to terminate the Agreement on account of breach or
Ijefault
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
XXIII. 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./, /~
~fyr.,I~liG~e2~~~h of which will be considered an original, on the /4 day
ATTb>J, / CITY 0 CORPUS CHRISTI
ArmL~ G
~~. 1~_~:y ~006_
- Day e D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
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SEe.nARV II L
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
George K. Noe. City Manager of the City of Corpus C
municl.~1 ,c~rporatlon, ~'_eha~f of the corporation.
,,/(vlGtt-u..- t Q ~t L y
Notary Public. State of Texas
- {. tv I', , 2006, by
is i, a Texas home-rule
--
Printed Name
::-.,-~.:,:_._--:::-:::"~:.~~.-::~~~. :~:::\i
....t-f' u6'( P~rlo.;, :1
.:? .~~.,.. -.. - .- :1
~I ...~", M,; (,('.~~'r~"'ISS'O;' c :<plre> i
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Commission Expires ______._
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FOR RECIPIENT
j.. Co, . J7Y J ::t~ Ix. ._ ...__..
David Parker fPrinted Name]
President fTitle 1
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STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~. /3 ,2006, by
David Parker. President, Corpus Christi Chamber Music Society. a Texas non-profit
corporation, qualified as a 501(c)(3) organization under 26 U.S.C. Section 501(c)(3), on
behalf of the corporation
". /
Not~ P~c, ~tate,Qf xas
o I ~G.. .LX L.. lV-i L
Print Name
CommiSSion Expires ...JL ....../ c,__~ :7..
OLGA DELACRUZ I:
Notary Public. State of Texas
My CommiSSion Expires
AugUlt 19. 2009
H.LEG-DIR'OigaR\Doyle\H01IT~x ArtsKsVOOfi Ho1 'ax 'Jnd\()51606DC.CCC ha'l'1b.erMuslc SOCletv $9447 2006Ser.'esProte.ctedForm.dot
Exhibit "A"
2006 ART SUBGRANT PROGRAM
PART 2: PROJECT DESCRIPTION If completing this form online, please fill in the gray areas,
'.' 'k;.j, Izat\0f '"
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,'~Jrr)\l~, l'hri S-::..LUldmhPr Ml1<:;l C' c:;nri pty
,.vIotel J \ ~d",t I Cot ,lag' Include one copy for each Project F It out all information that applies
I dkjte the oS mimei SI t!tat be. desCTll!: tiw ,quest
'-1 Dance 0 Tncater IX] MUSiC 0 Literature
[J . sL~d ,rts [] \rb-I'1 i'ducall'\!l 0 \-luseul1l 0 Cultural 0 Youth Arts
C '.ate the .11' ,'llt \ipsal ollall udget f" YCM Jrganllatlofl check ;me
!.:xl S '\0 :(}'.H' .t'S,
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D S 1 ulrU()()-) i m 1110n
'PRO./Ecr" ~ det'l] el ,\s\ il1gular (\CI'I i a senes \irciateci act\\ltl:.:'S. Each organiz8tion may apply
mureLl .; Dr" c,' 'tie 1J\.i""un [(it". cilJlOlI!I[ lidt maj be requcc,lcd is $10,000.
PrOjects must be completed within the term of support: January i-December 31. If you
chanae the date (only change allowed) of your project within the grant year, please write
~::~:t~:n:he chan9~, :,~, ~ects may not be extended into the next year. No
This l~ F' _'....:t:-: __._)f..1 \I,-)Ll:)! clppl1cdLun>. SS rcqu~st~d ..l1hiillD..-
:oJeet tk S;-~la:~~~'lU::: lC ~3eLes \ C1l1ISS10ii t.~l',C\ ( sh Students $7; Adults $20
Jater S/
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u,JeC n i~ Pl(',l(~-: Ian.
; Harch 4; "''''prill;
Cct. 21;
[Z] Ves
[Z] Ves
Nov. 18
the 1',\
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I! Jse\c\ ,.\ ClUlm,;nt\:o 1 1lb ClpP[lcatlO!1 ,tatemcnt of the' i\ns & Cultural Commission's
IS on ol.\,:cesslbdlt) it 'N,) ..vhat arc \ \11.i as al1 urganizatlOn guing to do tu insure
c>sibiln .~' hm\!capped:d1S\inl\.,j persons'
:llated ,,; ,'cr 'r Je"
t: ben'c':-lt dire_', from ~ ['rUlecI
2,300
,'lnn11S"J\
:)ther
pl.l n, '.t
f!.li '\, n
::lh at "e \li .(1\ \.11 [,:rig CO an: reqL.!r:.:d tu include the Arts & Cultural
a1 SP-:C1Il_ aei .:rtl-;;IC: ()lllkt'l,ed [J T\' ~ Radio G:9 Newspaper D Websile-
See ,tt,::,chIT::rt.
) c"ses st3 .
,cribc y 1 ehl: ~ \ H\, nUI:\ I hi" .Ieek
B i He,w l11i'!\ emall invitatIons are sent"
rf ~ Uti are requesting Bo'r mune\, your urganization
'll" lllCIUG' ur ( cc'kt 11 R.',)()!' 11 i.le tl.' :11.
market out-of-town Samples of your marketing
;.it' ~l;_'h s:unpk, 'v\ill affect future funding
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Ii ,rillS act ..I perlel) :"Jlce '> sLJe!\S II ,; lass) E "" 0 \c', j r \es, will there be a profeSSiOnal
pcil l' l"nmg In 'I, [To:;r" C', f es. ho\\ on:! \\ Ii ,he prllfe~'i\)jLli fk'rhmll
! Du not ans'\er unless the activit v is a youth performance)
/8tl, ,n
, )'" ,1' .3tJ::1Lil1'.t€ \lUSlC~~i~~_let,: f)it'leL' 20()()) Name:Ch~r:. Mus~~Sen.es
PROJECT FINANCIAL DATA
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PLEASE NOTE
PRO\ IDE uNE PRUJECr BUDGET ONL Y IN THIS SECTION
PI,EASE ADD A LL COLUMNS AND ROWS WHERE INDICATED (>).
REVENUES
Remmders: FlgdC>..' D' in th: ]0 xc: nght cu: net represents ,he tetal prolect revenues associated with this
[OJl., ~ Ihis fig (,hoild ec-al the iota] pro eel expenditures (Figure "0") shown in the lower right corner of
Jr1 f'Jge 25 Ji lllt :nus! bc matchedxlth casl, and/or lll-~llld sen Ices Please note that in-kind resources
riay c\:ceed ,.; oftlh: pri\je,:'t t ita]
Part F For Actual Project Revenues
I~EVE~ l E:-.
i'rojectetl Earned lncomt:
f sumatecT;.::ket Sales
ThiS Pre
i Rounded 10 The ~earest Dollar)
C \SJl eln
I N-KIl\D
PROJECT TOTAL
I,~c'";,, ~~r\)(~.'i ma~ 25~in of rrojC:l:I)
;ldllil
"
,Vorkshor Fees/TulliO::'
::0
ilher Ear ['C lt1CUn'e i if>.
undralsiu'
S~'~.J
') ,2:JC
...Ji~@Hii+~>t' I ;, tl~F'~; t
H$
8,150 I
I
I
H
1St, be
H
oearned Inco!l1l'
(;overnlllent Grants i Specih I:
ern SlJBGtZA\ -: ____
':-
, -lDrO-OD
s
j !Jundat! '11 ralliS SI'C":Il'.)
i.,ichtenstein FOLndatlCln
~ ~0_
$15,000
Jther t .?~li It'll ,',I i "'Ci I t\
LomnbldlOl1" SpOLS(:I~
~B 't-,' \,"
" :! )' r (
~ :"J _ 'Ll'-...../ '
\lembersnlpo
Other FG'{at~_ .lcnat :..or s
)
" ,,-:ld:,~'
;; 7,800
I 7,800
r SILl, FC: r---i
10 ,\L REVI'\l IS
[ ~X
\
[$1) "i;, I
c
1$7,800
,I)
I $45,350
\.B~~_lannot be mure than Box A_+- C divided by 2)
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'us; c l', ,',': - ()(I Ii) ", ame Chamber t1usic Series II)
PROJECT FINANCIAL DATA con't
EXPENDITURES
L\.pt'nditures must be same as len.nues in each .:olumn; ie. Cash revenue $10,000; Cash expenditure must
equal $10.000. Reminders: No !!rant will exceed Y2 oftotal oroiect cost. Grant must be matched with cash
and/or in-kind ~enices. In-kind services cannot exceed 25% of total project cost.
(Round '10 fhe Nearest Dollar
I:'\SH CITy
FXPENDlTliHFS
IN-KIND
PROJECT TOTAL
~h()" id~ I." ' .:rar: f
",lIl b~ ~ ill.' ",1
! l;"od~i~~r,il.:l'~: m..: not cl.cecd 1S~'~ of project cost)
d -\dminhtrd!IOn
AllOWdbk Stat! ~alar,e~
SXX\XXXXX
S 4.800
IThis prllject onl\ -P~,I:. I
Profe~~loI1JI h:t:~
Other
) 1>1, SOl)
S 10,000
S
Sp __.__
s
$34,300
b. Travel Expenses:
LodglilZ
Olile:
S or
s
S 3,000
S
s
"
c Other Expenses.
EqUWiDt:l1l Renl11
ExhibitlUl
Facil!t\ Kcnt;di'
InsuLilL c'
$ 3,700
)
s.
s
\:
s
s
s
S. ._"__
Prmt! l~
SlllDi1ir:",
SUDr,[tC,
'. 7~(
",;,:,,20l!..__
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s
S
s__
s
'-
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s
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s
L tLlII1Cc
Uthu
"
:>
'-
fOTAL EXPENDIfl'RIS
r-
1$45,350 I
III these I,ou" must lfidi(ate hOll Il'lenUeS listed are spellt, and cannot exceed totals from Revenues.
j,\ver [iELl cJrLd I :pres:.:cts he \),11 expenditures associated \III', IhlsprojeCl/operation.
H
H
I $
7 '35~
D
::,
75)
::,
\:
!:;,/,3')C
$10,000
H $7,800
\ $L/ ,')'
E\pcnses shol'
fl ' 'i~ure 111 tl.
,;ra.' .~ NOTE. please do not add or include any other material with
thIs report Thank you
RE\lEMBEHDO NOT CREATE YOUR OWN FORMS. {SE ONLY THIS FORM - (It may
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