HomeMy WebLinkAboutC2006-227 - 4/18/2006 - Approved
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AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI
AND
ALCORTA'S BALLET FOLKLORIC DIAMANTE
ARTS AND CULTURAL COMMISSION
ART GRANT SUBRECIPIENT AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF NUECES ~
KNOW ALL BY THESE PRESENTS:
This Art Grant Subrecipient Agreement ("Agreement") is made and entered into by and
between the City of Corpus Christl, a Texas home rule municipal corporation ("City"),
acting through it's duly authorized City Manager or his designee ("City Manager"), and
Alcorta's Ballet Folkloric Diamante, a non-profit corporation organized under the laws of
the State of Texas ("Recipient").
WHEREAS, City has allocated $4,084of General Fund revenue to enable Recipient to
perform those activities described in Exhibit "A" ("Eligible Activities"), a copy of which
IS attached hereto and incorporated in this Agreement by reference;
WHEREAS, City desires to encourage and fund arts programs that promote the arts for
the benefit of the community:
WHEREAS, Recipient desires to provide those Eligible Activities that promote the arts
for the benefit of the community as the sole or contributory means of producing the arts
program described in Exhibit "B" ("Arts Program"), a copy of which is attached hereto
and incorporated herein this Agreement by reference; and,
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 Recipient's Eligible Activities.
NOW, THEREFORE. City and Recipient agree as follows:
Section 1. Purpose. The City desires to expend funds from the City's General Fund
revenue to fund arts programs produced by non-profit, community-oriented
organizations, specifically those programs that serve to promote the arts for the benefit
of the community
Section 2. Term. The term of this Agreement commences ~ of Januarv, 2006, and
terminates 31st of December, 2006
2006-227
04/18/06
M2006-114
1\lcorta''l Ballet folkloric
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Section 3. Consideration.
(A) City agrees to pay to Recipient the sum of $4,084 ("Grant") out of revenue
from the City's General Fund for use in accordance with Section 4 below. In
no event will City be liable for an amount in excess of the Grant amount.
(8) In consideration of said Grant funding, Recipient agrees to perform the
following:
(1) those activities that are eligible for funding in accordance with Section 4
below and are described in the attached and incorporated Exhibit "A"; and,
(2) those activities, if any, that are ineligible for funding hereunder but are
inherent in and essential to the successful production of Recipient's Arts
Program described In the attached and incorporated Exhibit "B."
(C) Should Recipient fail to fully perform those activities referenced in Sections
3(8)( 1) and 3(8)(2) above, this Agreement shall be subject to termination in
accordance with Section 15 below.
Section 4. Eligible Activities. Use of Grant funds by Recipient is limited to those
Eligible Activities that, without exception, meet both of the following requirements:
(A) those activities described In the attached and incorporated Exhibit "A", as
reviewed and approved by the City through execution of this Agreement; and,
(8) those activities that involve
the encouragement, promotion, improvement, and application of the arts,
Including instrumental and vocal music, drama,
dance, folk art, creative writing, architecture, design and allied fields, painting,
sculpture, photography, graphic and craft arts,
motion pictures, radio, television, tape and sound recording, and other arts
related to the presentation. performance, execution, and exhibition of these
major art forms.
Recipient shall be solely responsible for ensuring compliance with each of the two re-
quirements listed above. Initial City approval and funding of Recipient's proposed ac-
tivities does not constitute legal validation of the activities.
Section 5. Completion Report.
(A) 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 "C", no later than thirty
(30) days following the termination of this Agreement. The Director, or his designee,
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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. For all Eligible Activities funded by the City, the Report must include
the following Arts Program criteria
1 A written aescription of Recipient's marketing or advertising strategy;
(2 An estimate of the total Arts Program attendance; and,
(3) A statement of Recipient's Arts Program revenues and expenditures.
(B) The Citys Director of Parks and Recreation ("Director"), or his/her designee,
shall review this Report to verify whether the Grant funding provided to Recipient
was spent in accordance with the requirements listed herein.
(C) Recipient shall at all times during the term of this Agreement, and for one year
thereafter. keep true accurate, complete and auditable records. Recipient agrees,
upon receipt of reasonable notice. to permit Director to audit or otherwise examine
all pertinent books and records. for a period of one year following the termination of
this Agreement, to determine the accuracy of Recipient's Report.
Section 6. Disbursement of funds.
(A) Recipient agrees that payment by City of Grant funds, in accordance with
Section 3 of this Agreement. is contingent upon Recipient's full compliance with the
requirements contained herein.
(B) Should Director determine, during the term of this Agreement, that
Recipient's activities fail to comply with the requirements contained herein this
Agreement, this Agreement shall be subject to termination in accordance with
Section 15 below
Section 7. Unexpended funds. Upon termination of this Agreement, Recipient must
promptly refund to City any unexpended Grant funds.
Section 8. Advertising. Recipient shall recognize the City of Corpus Christi as con-
tributor on all advertisements and publications regarding Recipient's Arts Program. Re-
cipient must provide City with copies of all Recipients sponsored advertising and pro-
motional materials related to Recipient's Arts Program.
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Section 9. Modifications to Agreement. No alteration, change, or modification of the
terms of this Agreement or waiver of any provision will be valid unless made in writing
and signed by a person authorized to sign agreements on behalf of each party.
Section 10. Assignment. This Agreement may not be, in whole or in part, assigned or
transferred directly or indirectly without the prior written consent of the City.
Section 11. Relationship of Parties. Nothing contained in this Agreement may be
deemed or construed to create a relationship of principal and agent, partnership, or joint
venture. It is expressly understood that neither the payment of funds by City to Re-
cipient nor any other provision contained in this Agreement nor any act or acts of the
parties hereto is deemed to create the relationship of principal and agent, partnership,
or joint venture
Section 12. Non-discrimination. Recipient shall not discriminate or permit
discrimination against any person or group of persons, as to employment and in the
provision of services. activities, and programs, on the grounds of race, religion, national
origin, sex, disability, or age, or in any manner prohibited by the laws of the United
States or the State of Texas. Director retains the right to take action as the United
States may direct to enforce this non-discrimination covenant. Violation of this covenant
will result In the immediate termination of this Agreement.
Section 13. Indemnity. To the extent allowed by Texas Law, Recipient,
("Indemnitor'') hereby fully agrees to indemnify, save 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 whatsoever on account of personal injuries including,
without limitation on the foregoing, workers' compensation and death claims, or
property loss or damage of any kind whatsoever, which arise out of or are in any
manner connected with, or caused by, or are claimed to arise out of, are claimed
to be in any manner connected with, or are claimed to be caused by, either
proximately or remotely, wholly or in part, an act or omission, negligence or
misconduct by Indemnitees or any of them, by Indemnitor, or any of Indemnitor's
agents, servants, employees, contractors, patrons, guests, licensees, or invitees
participating in, or observing Indemnitor's Arts Program; or when any said injury
or damage is the result, proximate or remote, of the violation by Indemnitees or
any of them, by Indemnitor, or any of Indemnitor's agents, servants, employees,
contractors, patrons, guests, licensees, or invitees of any law, ordinance, or
governmental order of any kind, or when said injury or damage may in any other
way arise out of the exercise of rights or the performance of obligations created
by this Agreement.
The terms of indemnification are effective whether said injury or damage results
from the sole negligence, contributory negligence, or the concurrent negligence
of Indemnitees or any of them.
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Indemnitor must, at its own expense, investigate all claims and demands, attend
to their settlement or other disposition, defend all actions based thereon with
counsel satisfactory to Indemnitees, and pay all charges of attorneys and all
other costs and expenses of any kind on account of said liability, damage, loss,
claims, demands, or actions.
Section 14. Costs.
(A) Noncompliance with the terms in this Agreement may result in the termination
of this Agreement and repossession of Grant funds disbursed in accordance
therewith.
(8) If the City undertakes legal action to enforce compliance or collect damages
resulting from noncompliance, Recipient will pay all City's court costs and
expenses, including reasonable attorneys' fees.
Section 15. Termination.
(A) The City may terminate this Agreement for one or more of the following
reasons:
(1) The City may immediately terminate this Agreement if Recipient violates
Sections 12 or 19 of this Agreement.
(2) If Recipient fails to substantially perform those activities described in
Exhibit "A", Eligible Activities. or those activities described in Exhibit "B", Arts
Program, in accordance with Section 3 herein, Director, in his sole discretion,
may terminate thiS Agreement upon thirty (30) days written notice and require
Recipient to reimburse the City all Grant funds awarded; however, if Recipient
and Director agree on a modification to the requirements described in Exhibit
"A", Exhibit "B" or both, and a written modification is executed in compliance
with Section 9. then this provision will be suspended.
(3) Grant funds shall only be used to fund Eligible Activities, as described in
Section 4. If Director, in his sole discretion, determines that Grant funds were
used to fund activities other than those qualifying as Eligible Activities, Director
may require the repayment of any or all of the Grant funds. If Director
determines that Grant funds were knowingly or intentionally used to fund
Ineligible activities, Director may require repayment of all Grand funds awarded
and may terminate this Agreement upon fourteen (14) days written notice.
(8) Recipient may terminate this Agreement without cause upon thirty (30) days
written notice to the City. If Recipient chooses to exercise this option, Recipient
must repay all Grant funds awarded, whether expended on Eligible Activities or not.
Section 16. Severability. If any term or provision of this Agreement or the application
hereof to any person or circumstance IS, to any extent, unenforceable, invalid, or illegal
under present or future law. then the remainder of this Agreement, or the application of
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the term or provision to persons or circumstances other than those as to which it is held
unenforceable, invalid, or illegal, will not be affected thereby; and a term or provision, as
similar in nature to said unenforceable. invalid. or illegal term or provision, and as may
be possible and be legal. valid, and enforceable will be added to this Agreement
automatically,
Section 17. Force Majeure. It is understood and agreed that, with respect to any
duties, obligations or covenants (but not including the Completion Report required by
Section 5) to be performed. or consideration to be provided by 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
said party including, without limitation, strike, lockout, breakdown, accident, order or
regulation of any governmental authority, or failure of supply, or in-ability, by the
exercise of reasonable diligence. to obtain supplies, parts or employees necessary to
furnish services, or because of war. natural disaster, or other emergency. The time
when said duty. obligation or covenant must be performed or said consideration must
be provided will be extended for a penod of time equivalent to the delay for said cause.
Section 18. Notices
(A) All notices, demands, requests, or replies 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) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram: (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or, (5) by fax transmission. Notice
deposited with the United States Postal 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 deemed effective one (1) business day after
transmission to the telegraph company or overnight express carrier. Notice by fax
will be deemed effective upon transmission with proof of delivery to the receiving
party. All such communications must only be made to the following:
IF TO CITY:
City of Corpus Christl
Attn: Director of Park & Recreation
P. O. Box 9277
Corpus Christl. TX 78469-9277
(361 ) 880-3461
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IF TO RECIPIENT:
Alcorta's Ballet Folkloric Diamante
Cynthia Alcorta
6646 Lonqmeadow
Corpus Christi, Texas 78413
(361) 225-0240
(B) Either party may change the address to which notice is sent by using a method
set out above. Recipient will notify City of an address change within thirty (30) days
after the address is changed.
Section 19. Compliance with Laws. Recipient shall observe and obey all applicable
laws, ordinances. regulations and rules of the Federal, State, County and City govern-
ments. This Agreement IS subject to applicable provisions of the City Charter and the
City Code of Ordinances.
Section 20. 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 hereunder. No waiver of any covenant
or condition or of the breach of any covenant or condition of this Agreement by either
party at any time. express or implied. will constitute a waiver of any subsequent breach
of the covenant or condition and shall not justify or authorize the nonobservance on any
other occasion of the same or any other covenant or condition hereof. If any action by
the Recipient requires the consent or approval of the City on one occasion, any
consent or approval given on said occasion will not be deemed a consent or approval of
the same or any other action at any other occasion. Any waiver or indulgence of
Recipient's default of any proVision of this Agreement will not be considered an
estoppel against the City. It is expressly understood that if at any time Recipient is in
default in any of its conditions or covenants hereunder, the failure on the part of the City
to promptly avail itself of the rights and remedies that the City may have will not be
considered a waiver by the City; but the City may at any time avail itself of those rights
or remedies or elect to terminate this Agreement on account of the default.
Section 21. Entirety Clause. This Agreement and all exhibits attached hereto contain
the entire and only agreement between the parties regarding the subject matter
described herein; and no oral statements or representations or prior written matter not
contained in this Agreement will have any force and effect.
Section 22. Captions. The captions in this Agreement are for convenience only, are
not a part of this Agreement, and do not in any way limit or amplify the terms and
provisions of thiS Agreement.
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EXECVTED IN DUPLICATE. each of which will be considered an original, on the h.!..'
day of \j ~. . 2006
\. ,
ATTEST:
h~
Amlando Chapa, City S retary
CITY OF ORPUS CHRISTI
APPROVED: 17 May, 2006
k-/~-___
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
(lj 2U;4. ~1J::L- AU} ttUt<w."
IY COUPtCll._...._'i/.1J.J2.f
- -_.__.~r:,(~i~TAtf---(It-
STATE OF TEXAS 9
COUNTY OF NUECES 9
This instrument was acknowledged before me on (~=1 L! ", /. , 2006 by
Georg 1<. Noe. City Ma~ger of the City of Corpus C isti, a Texas home rule
muni p~1 corporatt'on, 9~~ha~,Of said corporation. ,
, (L ~ L~y -====.- =~ -
Notary ublic, State of Texas ~~=:;:e Par""
t. 0' t\ ~ , E XllirE'S
'.~ ~.lo7. ~ S M.\I CO,mfTIIS5ID..
\. "'f.., '" '1" 'OC'
II). ~ L'f" NlwerntlEl. '.. - '_._==''''
. 1~Of'" _.-.-~
-"----.------. 'L._~~~---
Printed Name
Commission Expires
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FOR RECIPIENT
By:
Cynthia
Presiden
i\
,
nO. t "'-I'- 0-.
orta
tA_
STATE OF TEXAS
COUNTY OF NUECES .
"
This instrument was acknowledged before me on ~~Lt h....l )..3 ,2006, by
Cynthia Alcorta, President. an authorized representative of Alcorta's Ballet Folkloric
Diamante.
~,,.
\
OLGA DELACRUZ
Notary Public. State of Texas
My Commission Expires
August 19, 2009
Lv?
-",~.~..."",
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.' f~(. -.ti
i \--;. "'~i
#"l'lDi\\~'
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Commission Expires _
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EXhibit "A"
2006 ART SUBGRANT PROGRAM
PART 2: PROJECT DESCRIPTION If completing this form online, please fill in the gray areas.
( iT'!anizatlon'\amellM.Qt~__tgwJ O{ ~ W __)>; ()..("J,ll,\W,
~el-l'vIol,_1 ,~x t 'sage Test ptge Include one copy for each Project Fill out all information that applies
31,jJCate the dlsciplinel S) that hest describe thls request rTI"Dance i. Theater ciMusic 0 Literature
':J V'sua Ans g' Arts-m-Education 0 Museum ci Cultural [if' Youtl1 ,A.rts
~, :cate the' C'llTent operatiunai budget for vour OrganIzation: check one
r $5u,OOO or less
5i SSO,OOO-$ I 00.000
[J $100,000-$ 1 million
.:.;
.\ "PROJECT" is defined as: ,/J. singular event or a series ofrelated activities, Each organization may apply
no more than 2 projects the maximum rotal amount that may be requested is $ I 0,000.
Projects must be completed within the term of support: .January l-December 31. If you
chanqe the date (only change allowed) of your project within the grant year, please write
notice of the change to A. C C. '\ Projects may not be extended into the next year. No
Exceptions, ~
(, . Thi<; IS Pr"12ct =: __L~ ofa t901 Oj~J~::}fPI:ccwons. S$ requeste.d: 5 Du D
PrOlect fl'k' ~_ >-\1}I.U~~Ju;'tJ.~~~s~~~_~~:~~__ f\-_~~t,
Date(sJ .)fC"vent(s) !Dcluded in tins project ,c.f\&J~ ~( ~t)Dl9- C0-cV&;\()(~ of i:::tt M:~\
fhe Pr,qcr Exhibltll1i\rt~t for whch hndfhgLsbeing sought is confirmc;c:i? Ck1Yes t 0 No
s the hCIL,v or \enue m cilmplianc.? with the Americans with Disabilities Act'! gYes 0 No
Pc;ase see /\ tta"hment A. to this application. a statement of the Arts & Cultural Commission's
:'O:.!lIon on Accessibility). [f ":\:0". ,\'hat are YOlJ as an orga11lzation going to do to insure
lcc~ssibi1Jry by handicapped disabled persons']
'" mated JilTllher ,)f pcr:;ons tt benefit dirccJv from thIS ProJect:
lei b u b
'\. J:e.ase~~. t.ak. a. I plans to ad\ ert. se. _-'\11 adveniS.lng component~e r~quired to indud: the Arts & Cul,tural
H:lmbSICi[' I, 'go "Jamt' ail Sp';CltlC advertlSlTl,? outlets used Lil T\' W'Radlo GZ! :Newspaper 0 v,. ebslte-
Jthcr
),,;.<ribc your website \.j Bo\" man)' hits per \.veek B) How many email invitations arc sent?
i\; l r(1l~\ 'tt, l\J'~(),\"~U(\5D lOO.
[f~ou ar requeS'ti1tgMT m,<{d~t. ~rganization market out-of-town. Samples of your markctmg
rllU~' mcludcd '11 your Ci.)mpleti ~n Repon Failure to melude such samples will affect future funding.
, ',ethods): 'racking (IJt-)f')wn atteJ1dee~
Cut qcI:L\U, :Jk.Jm.i 0Il'~ ~ iUc&J1\/J.A0{ l}),,~ . ~ 4
,,j (j~Jr~ II
J. "ilS actl\ [1\ 1 pcr!ormance sudents 1111 class" \0 G1' '{es If;es. \vill there be a professional
)~:: ~~ti~;s"~/~~l:~l~~;~'~]~je' ~~t~~~;\ !~s\~ ]~~~~t~:l!e~:.~;':~:~~Onjl perfonn -~
i)W\ Y'''''''f\ ULU,j)J)v Ll,jJ ~.J IUctt \Y'~a.Q t~I\'
tIC,) em 1t (.(Jjkl~ fuU<.\ 'Yd(j):D, iUl'(uI~prowct 10(6) Name -1~1 :J'1',&] 7
J <lr\[) JClLJ2cQ
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PROJECT FINANCIAL DATA
I
t
REVENUES
PLEASE NOTE
PROvlDE ONE PROJECT BUDGET ONL Y IN THIS SECTION
PLEASE ADD ALL COLUMNS AND ROWS "'HERE INDICATED (>).
Reminders: ip:ureD' In the Ie,ver ngh: C0111e" represents :he total project revenues associated \vith this
pr '<,I. This tig,Jfe shoJld equal he TOtal DroiCl:1 expenditures (FibTUre "D" i shown in the lower right corner of
L:- Page." (irant must be n;atcheq \\ ith (':I',Jt and/or ill-kmd services, Please note that in-/c-ind resources
11" 'lOt exee,'d 2"% o"lw projcit total
Part F For Actual Project Revenues
2
REVE'\l ES
Projected Earned lncome
EstImated Ticket Sal~"
(This On1\
(Rounded To The '\earest Dollar)
CASH CITY
IN-KIND
PROJECT TOTAL
(){.Jh/:-;::~vices max 25'~~ of rlfojrl:t)
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Government Grants (Specifv):
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EXPENDITURES
PROJECT FINANCIAL DATA can't
I\penditures must be same as r'evenues in each column; ie, Cash revenue $10,000; Cash expenditure must
equal $10,000. Reminders:'io 2rant will exceed 1/2 of total proiect cost. Grant must be matched with cash
arHlior in-kind "enices. In-kind services cannot exceed 25% of total project cost.
Round To The "earest Dollar I
EXPENDITLRES CASH CITY I:\'-KIND PROJECT TOTAL
,'hrll\ h0" 2J'!~ n:aut!~: II ht-,pent
a. .\dnllmstration
A.1I0~"bl~>,t9 ff i alan e~
(Thb project only-Pg.J2 )
l'roi~:'lonaJlee,
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b. Travt'1 Expenses:
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Expenses sho" in these boxes OIust indicate how revenues listed are spent, and cannot exceed totals from'Revenues.
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