HomeMy WebLinkAboutC2006-230 - 4/18/2006 - Approved
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AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
ALCORTA'S BALLET FOLKLORIC DIAMANTE ("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 Alcorta's Ballet Folkloric Diamante ("Recipient"), a Texas non-
profit corporation qualified as a 50H c)(3) organization under 26 U.S.C. Section
501(c)(3)
Whereas. the City has allocated $1,476 in Hotel Occupancy Tax revenue ("Grant
funds") 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 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 the 1 st day of January, 200.9. and terminates
on the Jl~ day of December 2002
2006-230
04/] 8/06
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III. City's Duties. City agrees to pay Recipient $1,476 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 liable 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 shalllnclucJe those activities that are eligible for funding under Section
351 .101 (a J( 4) of the Texas Tax Code and those activities that are ineligible for fund ing
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, 11eet all three of the following requirements:
,A I the activities are described In the attached and incorporated Exhibit "A".
(B l the activities are in the categories of art that are eligible for funding as
described In Section 351 101Ia)(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
\ AI Written assurance to C::ity 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
Nrltten estimate of the number of Recipient's Arts program attendees that reside
lutside the territorial limits of the City of Corpus Christi. This may be
:iCcompllshed by the use of a visitor log, by tallying the number of out-of-town
billings or by listing the out-af-town mailing addresses gathered through the ticket
3aies process
C i An estimate (if 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 i at least annually make periodic reports to the City of its expenditures from the
i3rant funds given under this agreement; and
; B make records)f 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 C:;rant 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. 01' waived.
XUI. 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 i~, 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
mmedlate termination of 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'J 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.
XV11. Termination.
iA 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 by' Recipient of section XIV or XV of this agreement.
(2) The Cny 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
used 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 XII of this Agreement. the City will not terminate the Agreement
due to Recipient's failure to adhere to the original, superseded contract
terms
(3) The Ci1y may terminate this Agreement due to Recipient's use of
Grant funds to pay for activities other than those qualifying as Eligible
Activities Linder 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
Nrltten notice to City If Recipient chooses to terminate the Agreement,
Recipient must repay all Grant funds awarded, whether those funds were
expended on Eligible 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 rn 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
!imitation 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 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 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 deemed 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 proof )f delivery to the receiving party. All communications must be
made to
If to City
City of Corpus Christi
Director, Parks & Recreation
P. O. Box 9277
Corpus Christi, TX 78469-9277
(361) 880-3461
If to Recipient:
Alforta's Ballet Folkloric Diamante
C..thia Alcorta
6.6 Lonameadow
C..-pus Christi. Texas 78413
.Q.t1) 225-0240
Eitner 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 in any way affect or alter the terms of this Agreement. '; j
Exe~ed in duplicate, each of which will be considered an original, on the ~daY
of ". - '/) ;tv 0-<--' 2006.
"
A. TTES~
Ie f .
Armando Chapa, City Secretary ~
\...----
K, Noe, City Manager
F CORPUS CHRISTI
\)"\ '7 . . i
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n COU't(.H_....lJ..LlI./1;!t.
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-..........-.....----,>
SfClnuv l tL-
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
George K. Noe, City Manager of the City of Corpus
munflPal cor~oration, r beh~f of the corporation.
· '1 1 . /\ i. I,
i. ',~, UL1-:::~
Notary Public, State of Texas
,2006, by
risti, a Texas home-rule
~~y p;J'-'-('
6'\ ..(\ Q(f1 I....()!',n;e Pa(k.S
~ ""', i' My :_>::I'THTliSS1on txplres
.:: 9L~_N'~e~~bel :9 200~
Printed Name
Commission Expires_________u
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FOR RECIPIENT
, ~ \ 1\.\___~~ ,v \ _ __I: \ '.' i\,
C~thia Alcorta fPrinted Name 1
President fTitlel
STATE OF TEXAS
COUNTY OF NUECES
Page 8 of 8
\ ' .
This instrument was acknowledged before me on _~((. ( I ~ , 2006, by
Cynthia Alcorta, President, Alcorta's Ballet Folkloric Diamante, a Texas non-profit
corporation, qualified as a 501 (c)(3) organization under 26 U.S.C. Section 501 (c)(3), on
~~half o~ the corporation.
, '
J~~:~;t~iOfT~S
~~
t' i r. ".. ::: ~ ,~
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Printed Name
l.O
A.
CommiSSion Explres_
.....
\
OLGA DELACRUZ
Notary Public, State of ~exas
My Commission Expires
August 19. 2009
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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.
'-ganlZaT)' ',Jane fu~~_~~~I\DJ~~_..
,tel \1,
I ax "ltc" L'st,age Include one cOP:'> for each Project Fin out all information that applies
. (licate .
't' iSCiPl Ilei ,I ha: heST des, 'ih.
" requeST
Gli Dance
j, ,
/. \ su t ^~\n,<
-./ ,,','
.,Ii ..
'1- EduUiTl\ 11l
\1USCiJ in
Theater ~ Music D Literature
GtCultural ~Touth Am
.lIea1e 1i: .rrcm:T,'i'(Jtii)l1,,1 budge' 'or
OrganiZalj()]] .'heck lJlll
$"') )UO ('I' es~
'-1 $5U.OOU.S Jii J 100
S 100.000-5>) mil]1011
"
"PROJ1Cr" is defined iiS \ singular C\CI1' or a senes of related acti\ ities. Each organization may apply
no mwc han.2 pro!('ct< t] c maxilL,dl1 [tiici{aI71Qunr that may be reqiJested is $10,000.
PrOjects must be completed within the term of support: January 1-December 31. If you
chan e the date (only change allowed) of your project within the grant year, please write
notice of the ge to A. C ,C. Projects may not be extended int~ the nex.!.year. No
ExceptTioh~"""sl" -- /1.1\ i\ '.
~" , P'nec'" !l. ot a tlnil \I( LappllcaTlOllS ~$S requested ..d U\.711
" Pro", 1 "ie:~~k ~S<"" ",kct (osrs ,,~tt
Date(> (' venti S I "'lciuded in 'hi> xo ",' J
The PI ']c,ctE\hbn:)n .'\r 'st f:)f \\lie! rding: IS hell12' sought is C(;ntlrrned7
ci~ es
~es
DNa
o No
Ts the K IlTV If ,~ lcn ,lmpilan.,' \' 1 he .c\merlcans \\llh DIsabIlities Act"
Please s:c\ttachnen;."",, :ill> l,"Jlica:lon. d statement ,)ftheArts & Cultural Commission's
'I 'iTlon ,]1 :\cc,'ssnil!T\', t "'\'.' what arc \ as an organ zatlon going to do to insure
1l.''1S1IllIT\ ',.. hm ,hearne" e1],!" ,'d pcr';"Ii> '
llmated u'}Ocr ,) PUSllrJS' l bcnef; dlrc(, from thIS 1-'rOl('c.t
1 ~ {)O
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::ases st,: nIl, pl:ms 1, aC:,e1, Jsc,\JI ad\ c' i>!l1g :.:"mpO!lcnt~~re, reCJ~,U,jrc;cl to inclujie the Arts & CulTural
E1IDISS1'11 ugc ~"111ll' tl s,eeJtlc a'!"enJ~'Iig omlcls :lscd_~1 \, _/Radlo WNev,'spaper [Z(Vvcbslte-
Other
"" H ,\ I; ,m\ ] \> l' ,\ eek 13! l'h1'.': 1:1.l1l\ email invitations arc sent"
''\'tlLO\A \I"oil , ,': ,c; n ( 00 ,
a H'6rp;lOnn'("'v'tl'li"roraanrzatfOf) market out-of-town Samples of your marketing
f LIre h) Ilhlude s:H..-h samples will 21ffect future funding,
methOl: I :rad.l :1<" ,'L;' )1 U\\1 i1' lI(ki~
,_' r,
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yt '(.'001 ~J CT'~
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1C ''':-l1ug 11111 :)[OC!Tdi1l It .es hO\\ ()r:~ \\ Il profe,sli. Illai perform
.Q.!Lnot answer unless the activit\' is a vouth performance)
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:! 'dc'S, will there be a professional
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7ation
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PROJECT FINANCIAL DATA
PLEASE NOTE
PROVIDE ONE PROJECT BUDGET ONLY IN THIS SECTION
PLEASE ADD ALL COLl1MNS AND ROWS WHERE INDICATED (>).
REVENUES
Reminders: Figure "D' In the lewer nghi comer represents the total project revenues associated with this
eeL This figure should equal the total project expenditures (FIgure "D") sho\vn in the lower right comer of
Pu~. Page..:'i Grant !:flust be match~g wIth CilSh and/or tn-kmd services Please note that in-kind resources
I~Ll\ not exceed 250" o,'the prOJe,:.t total
Part F For Actual Project Revenues
~
'-
REVENUES
Projected Earned Income
Estimated]icket ,S,ale;;
(ThIs "'re leet OrJ\
W orkshoI!..F ecs/TuitlOm
Other Earned Income (Spec
FundralSIJ.1-5
Membcrsl~
a
l neamed Income
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Government Grants (Specify):
CF'{ SLJ1?>CL&\~I
_._..~~ULvD
Founda~lll Grants (SDC( If:-
h
Other ncarned] nc (SpeC!1 i
Contn tJillJons :... ill ~I!.S9lj
MembelJi~
Other
TOTAL REVE1\{'ES
(Rounded To The Nearest Dollar)
CASH CITY
IN-KIND
PROJECT TOTAL
sat.gran! reque::.!'
V0ods/services max 25% of project)
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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 l!.rant will exceed lh 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)
EXPENDITlJRES C\SH CITY IN-KIND PROJECT TOTAL
a, AdminlstratlOD.
lulo,^ able Staff SalarIes
iThis project only-Pg.] 2 )
I1"5Jks~ I onalf~~ s
CYJ1er
~
~ID 8 I.
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b. Travel Expenses:
Lod gIIlg
Other
j; I}W
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c. Other Expenses:
~LllJnnent R~!!1<l1
Exhilimon
Facl!.El.Renta!..u;.!
Insurance
Promo 1!91!
Pnntln,g.,
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is how heN" bow grant
r'f'quest will be spent)
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(Goodsls:ef'vices; ma)' Dot
exceed 25./0 of project cost)
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TOTAL EXPENDITURES
\g 4- D '0
D
~\ 4Du h ~, Y-\)D I
,
Expenses show in these boxes must indicate how revenues listed arc spent.
The figure in the lower right corner represents the total expenditures associated with this project/operation.
~. ~ NOTE..please do not add or include any other material with
this report. Thank you.
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ProJect (2005) Name.. '-{j.,C'lO,- ~oO\S 25
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