HomeMy WebLinkAboutC2006-226 - 4/18/2006 - Approved
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AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
CORPUS CHRISTI INTERNATIONAL COMPETITION ("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 T ax 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 International Competition ("Recipient"), a Texas
non-profit corporation. qualified as a 501(c)(3) organization under 26 U.S.C. Section
501(c)i3
Whereas the City has allocated $9.644 in Hotel Occupancy Tax revenue ("Grant
funds" i 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 Chnsti 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 the 1 st day of January, 2002. and terminates
on the :iJst day of December. 20012.
2006-226
04/18/06
Ir"n >-oel,,,)'-HA43ht'-IC:-Hl'.uet;tlor; ProlectedFcr"r! dot
1\12006-114
( (International Competition
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III. City's Duties. City agrees to pay Recipient $9,644 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 iiable 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 shalllnciude those activities that are eligible for funding under Section
351 1 (\ 1 (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 Recipients 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 ,.1re described In the attached and incorporated Exhibit "A".
; B) the activities (::Ire 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
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
Nlth a written description of Recipient's marketing or advertising strategy.
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i B) For all Activities funded by the City, Recipient must submit to the City a
wntten estimate of the number of Recipient's 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-town
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 penodic 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 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 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.
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
XIII. 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:ovenant. Violation of this provision will result in the
immediate termination cf this Aqreement.
XVI. Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, 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 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 Cit'v 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 by 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
iJsed 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 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
terrY'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 other than those qualifying as Eligible Activities. The City may
terminate the 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
Nritten notice to <:ity If Recipient chooses to terminate the Agreement,
Recipient must repay all Grant funds awarded. whether those funds were
expended on Eliqible 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. be 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
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 'Jr other emergency The tnne 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 clue 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 (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 ,jeemed effective one (1 business day after transmission to the telegraph
company or overnight express carner Notice by fax will be deemed received upon
transmiSSion with Droof)f delivery to the receiving party. All communications must be
made tu
If to City:
City of Corpus Christ!
Director, Parks & Recreation
P O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
If to Recipient:
Cqrpus Christi International Competition
B~erlv Randolph. President
P. O. Box 81243
Cqrpus Christi. Texas 78468
(3t1) 888-4934
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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Agreement Including the right to terminate the Agreement on account of breach or
default
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 i'l any way affect or alter the terms of this Agreement.
ri(l-ciay
Exe-tDtep In duplicate, each of which will be considered an original, on the
of '-- ~.cVt '__ 2C)06
ATTEST:
I~~ --
Armando Chapa, City Secretary
'----
o e K. Noe, City Manager
ROVED: 1 7 May 2006
.-::::)
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Doyle D. Curtis
Chief, Ad ministrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2006, by
George K. Noe, City Mana er of the City of Corpus Chri i, a Texas home-rule
municiPfl coreoration,'o. b ha1fpf the corporation.
I Ltu" . -Q^tl'LT
Notary Public, State of Texasr~'p(;' -., . --=--'-00;,
-10' f '1:" .,nn'E ~a'> n
~ ~~' ~J!y Cll'I1"1 S.~I ,I E 'cl'es
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, ~'!-OI (<-.. '~uvemDt '~'~~..-c-=""
Printed Name t. .-0=-_. -- --'-~---'
Commission Expires___________
H L EG.DIP'OigaRlDoyleIHmITaxArtsKsI2006.Hot 1 ax f undID", J 606iJCCClnjni Competlllon$g644 36thCom petillon Protec.tedForm.dot
This instrument was acknowledged before me on ~wrJ' ;}-.- , 2006, by
Beverly Randolph, President, Corpus Christi Internati nal Competition, a Texas non-
profit corporation, qualified as a 501(c)(3) organization under 26 U.S.C. Section
~~~)(3), on behalf oj the corporation
\
N6ta~ ublic. State of Te
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Print Name
FOR RECIPIENT
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Beverly RandohJh rPrinted Nam~
President rTitle 1
STATE OF TEXAS
COUNTY OF NUECES
Commission Explres~~(1 ,-.
Page 8 of 8
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OLGA DELACRUZ
Notary Public, State of Texas
My Commission Expires
August 19, 2009
HLEG-DIR,OIgaR\Ooyle\HorITax ArtsKs\2006,Hot Tax f und\O,5 1606iJCCClntnl Compelit.lon$9644.36thCom.petition Protec.tedForm.dot
Exhibit "A"
2006 ART SUBGRANT PROGRAM
PART 2: PROJECT DESCRIPTION If completing this form online, please fill in the gray areas.
(lLdn.zation',ame Corpus ChrIsti International Competition for Piano & Strings, Inc
II,' ,\.10tel 1.\ i sage T<..:':,t page' Include onl' copy for each Project. Fill out all information that applies.
j',u l aie th<..:' d ,c rime( ~) ihat hes[ descnbe th1: rl~quest
\'j,ua. Ans
.\ rts-a - hiucation
Danee 0 rheater X Music 0 Literature
Museum 0 Cultural 0 Youth Arts
nei l,.ak the cur\:nl ope; at k'l12l 1 budgel fOl \'OUl Jrganizatlon check one
$50.0! ) )] less
X ~5(.OOO-$1 ill)JiOr i
$100.000-$ I million
- \, "PROJECT" i:-- defined d~.. .\ slrlgular event u; d series of related activities.. Each organization may apply
!.'r h.' more than .2 proJects, the naximum tOled amount that may be requested is $10,000.
ProJects mllst be completed within the term of support: January 1-December 31. If you
chanae the date (only change allowed) of your project within the grant year, please write
n.otice o. f th~~.?? ~~ to A. C C Proje cts may not be extended into the next year. No
Exceptions. , ~Linitial here.
h \ l:i" IS Pr !I?C' ;j _..J.____ tlfa total C)t" i aprd1L'ations. $$ requested: $10,000
!,):ect Titl" 16tj. lnternal10nal Concerto (\)11lOetitlOn
AdmisSlOl1!ticket Costs: -0-
)dtc'( s) ,)f l t'nt( s I InclL.Jed ]Jl this pro eet
h:bruan 17-19.2006
PrOteC1 I\hlb]tl\ill. \rt 5tor \\hicil funding is bell1g sought IS contirmed'l
X Yes
DNo
D No
the facili' ,1 venue I} e,'ml'lial1cc' \\]th tlk .\mencans \\]th Disabilities Act'?
X Yes
(Pk\iS' see Artacnmenl A lo thIS appl:cation. a statement of the Arts & Cultural Commission's
poSi';O'l on .:\c:ccssihililv). [f"~i,)" \\hat are )OU as an organization going to do to insure
accc .SI '1i lit\ t\ handiG,pped (babied persons
istu:at;:,d nUlTIi'cl, (person:, !to b1l1efi' Jll:cth 1"0111 thIs Pnw~ct SOO
g fJlcehl> Slate all n1cms 10 cldh']11Se All J.d\cmsmg components are required to include the Arts & Cultural
lJ1LI111SS10n lOt") '..;ame a1 speci'lC adveJtising outlets used [] TV X Radio KEDT-FM 0 Newspaper
\\ ei)site- X (Ither: National & ]nternatIonai ~lagazines The Strad (London); Piano Quarterlv (London):
r he mstrumentalist: The JUllliard "uuma!: American String Teacher; mail 1000 brochures to universities &
inus:, i'nSerVaTi,res nationaL'internatitlllal C(''-;(1 program ad, CC Chamber ;V1usic Society program ad
kSl I ou '.it'dle . I I 1,\"\ n am II' 1'el \'<'.:k "1 HI! lu\\ man\ email invitations are sent') C
If ~ ill! an' requesting HO'I mone~, your organization!:!:!.l!l!.. market out-of-town. Samples of your marketing
1111 . '~'e . idee in '" C' lmpil:tit n I. cpwt j aill!L ,i incILldc'~Llch ..;arnples\ill affect future funding
,ds Ur'tl.1Cr..l11g iJllh :"1\'\\1 attt'l]de,~'..,
llclt l:n5 olvmpetitor, gl l' The r re:-IJeh:e.) ,lILl countl\ ,Ii ilIlgin. personal information from Competition
dor:\ ":J, ~!'
)f haL is .it f me,l..,
,h kllvity,; ;JCi'tormaI1lL II' Slidems it d\.) X ,\l! Ie" Ifves will there be a professional
DCI' ill! ,,,: the pr gidm ]1 :,\>, !'ll\ long \\ J i the professll1tlal I'LTt(lnri'
(Do not answer unless the activity is a youth performance)
( )]"',1
,(
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,l.D..u Cornf)etltioi I :Pldil,'),& Stljlib:?
I) , ,-, ~ 6th I 1 C C . ,
;"ICell_IJOO) '-lame...) nt to ompetltlOn
17
PROJECT FINANCIAL DATA
PLEASE NOTE
PROVIDE ONE PROJECT BUDGET ONLY IN THIS SECTION
PLEASE ADD ALL COLUMNS AND RO\VS WHERE INDICATED (>).
REVENUEs
Reminders: FIgure t)' ili 'he O\\el right "':UJIlel represents the total project revenues associated with this project.
f i~ fi"'UIl' should equal tht lured project expendItures (Figure "1)") shown in the lower right comer of Part 2,
P Ell':> (irant must be matched witl cash and!('r In-kind Sl'n!ces Please n()te that in-kind resources may not
l'\(ced ' of the OI!lleCT tota
Part F For Actual Project Revenues
2
REVENUES
Projected Earned Income
Lstlmated 1lcl--('t Sale,;
'I Proiec Chh)
/Rounded To The Nearest Dollar)
CASH CITY
IN-KIND
PROJECT TOTAL
-,lhgr;tT;~ reqlleq)
gG.jds/servlces max 25~~'o of project)
~
,}
$
ti
\\ orkshop lees/TUItIons
s -200(~
~
$
Hher Earne,: !:!Comc . Sp!:Cil\)
f Lil1draisll1~
\Le 111 bersh i [>
S_500(; .
"
t
1)
) ___~. .OUO
"
I S15.()()I) ~.
lnearned Incoml
$15,000
a 1,'I'crnment (,rants !Spccitv):
CITY Sl. }3(jRANJ
S1 "7,000
.~ 10,000
'-.
"
~. S I 0,000
1
~
'-.
s
s
~
h
iilldatio!1 i ,r:mis I Sr~clhl
,.clltensieil. \\:men. CB~l_
, -,OUL
"
iLh ell'
t icr Unear feu lnc I Spec t\
"mtrtbutiOlb. ~pOn"i)L_
\lgmbership
$27,000
" b.!~j(j
"
"
'-
"
I $8,610
r-
$8,610
T01\L IU:VI<=l\lJE....
A
S-t0,610
~
c
(}~ox ~~~~J1ot bc m()"c than Box A + C, divided by 2)
ii/a I \lame 'o,--lDilJ Oll~lti')l/Plli.!1Q.~\.SllJjg~
Pl. ')l'CI (21 JOb) Name: 36111 Inti 00 Competitiol1_ 19
EXPENDITURES
PROJECT FINANCIAL DATA con't
Expenditures must be same as revenues in each column; ie, Cash revenue $10,000; Cash expenditure must
equal $10.000. Reminders: No erant will exceed 1'2 of total proiect cost. Grant must be matched with cash
and/or in-kind services. In-kind services cannot exceed 25% of total project cost.
(Round To The Nearest Dollar)
lXPENDITLRES C \SH CITY IN-KIND PROJECT TOTAL
'i .'.1 Ill" '.'n\ ;':-bnl "I(,r <,ill bt' .srl'nl
(GnrldS/H'r\'ices; m:n not c'\ceed 251~<, of project cost)
a\dministratlOfI'
\ i lowable Staff Saiane>
This projel't only-Pg.12 i
Professional Fees
Ither: PLle \1one\
1-_~___
1 '-L~OO __
i 21. 750_____
$26.25U
h, Travel Expenses:
! _c)dging
'ther --I!:dVLL_,
~, I.U60
S _lJ)OO___
1>XXXXXXXX
1> 5,000
t----i $5.000 I
$ 3.000
$ 2.000
l. Other Expenses:
I S::2,J6(1 [----1 $5.000 r-
r- D
I $50,610 I
Expense, show in thesl' boxes must indieat{' hon !'e\'enues listed are spent, and cannot exceed totals from Revenues.
T IL f!gll'. Ii the ic)\\_ ! !gin ~UI mil repre:<nts ,he Illal e "pendilure~ a~suciated Ilith this project/operation,
Lquipmenr Rentai
l.\hibltiOl
'" 2.Llli._____
'-.
! acilit\ R-::!lElJw
S _lJ'OO
>~Lill!........_
" SOU
" _,,-J.lli!_
i1SLlranC(
--.,.--
"i'omotlol
,'rinting
')jllPplllg
')ulmlles
"__200___
_ulities
it her_Q,,~ !talit\____
::1
>~--
I S 12.30C) t-i
., OTAL EXPENDITl RES
I S4CJ.{,] () J '.-l
.~
::,
::,
s __ _ ___
');
'j;
');
$10.000
$
$
$
$31,250
$
$
$7,060
$
$
$
$
$
$
$
S
$
$
Van, Piano, Reco ding
t-
H
$12,300
a.: ~ NOTE, please do not add or include any other material with
this report. Thank you.
Rl\lE\IBER. ,DO NOT CREATE YOUR OWN FORMS. llSE ONLY THIS FORM - (it may
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ProJect \ 20(6) Name: _36th 1ntl 00 Competition
20