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HomeMy WebLinkAboutC2006-327 - 4/18/2006 - Approved Page 1 of 8 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS INSTITUTE OF THE ARTS ("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 South Texas Institute of the Arts ("Recipient"), a Texas non- profit corporation. qualified as a 501 (c)(3) organization under 26 U.S.C. Section 501(c)(3) Whereas. the City has allocated $4,885 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 dotng 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 ~ day of Januarv, 200Q and terminates on the 31st day of December, 200Q. 2006-327 04/18/06 H i 1\'12006-114 South Texas Institute for the Arts int IluteArtS4K85LeWls&CI arkProt ectedF.orrndot ~'"-,- Page 2 of 8 III. City's Duties. City agrees to pay Recipient $4.885 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 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, meet all three of the following requirements: IA) 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. IC) 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 ot out-ot-town program attendees through target promotion and by working with the local Hotel-Motel and Condominium Associations. Vlt. 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 el.ible 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 Areement. This requirement will be strictly enforced. Any recommendation or in(fication 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 with a written description of Recipients marketing or advertising strategy. HLEG-DIR CJigaRlDoyle\HotiTa. i\rtsKs\2!)()6 llS1606DC SoTxlnt ItuteArt$4E8',lewls&CI 31kProt ectedFormdot 4fIIIll'". Page 3 of 8 (B) For all Activities funded by the City, Recipient must submit to the City a written 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. (0) A statement of Recipient's Arts Program revenues and expenditures. VII. 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 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. 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 HLEG-DIR':J1gaR\Doyle\HoI'Ta.p,rtsK.s\2i)06 ll';1606DC SoTxlnt ItuteAr t~488')1 eWls&C! a'kProt ectedF orm.dot Page 4 of 8 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 allowed by Texas law, Recipient hereby fully agrees to indemnify and hold harmless the City of Corpus C#lristi, its officers, employees, representatives, licensees, and invitees ("indemnitees") 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 cleims, 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 Rflcipient's agents, servants, employees, guests, contractors, ,.trons, 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 held harmless Indemnitees where injury or damage results or arises out of the exercise or rights or performance of obligations created by this Agreement. r"ese 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 aI/ claims and demands, attend to their fiftal 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) The City may terminate this Agreement for any of the following reasons: He FG-DIR'OlgaR\DoyleIHotITo> ArtsKs\.'OOhl.'51t06D' SoT>lrtltuteA.r tS4:Jb:'L eWls&C1i"kPrOI ectedF orm dot .~ Page 5 of 8 (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 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 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. (8) Recipient may terminate this Agreement without cause upon thirty (30) days written 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. XI)(. 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. or other emergency The time when that duty, obligation, or covenant must be H FG-OIROlqaR\DoyieIHo,IT;'X ArtsKsVC)ObC51b060, 50Txln' 11uteAr tS4~bL ew!s&CI,kP'OT ectedF ormdot - Page 6 of 8 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 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 win be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed received upon transmission with proof Df 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: Eifler 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 H L rG.DIROigaRlDoyleIH'J'IT", 4rtsKs\~ClOf'(!516U6D' SoT xln:.ltule!\rtS4d85L eWls&Ci c"kProl ectedF.orm.dot Page 7 of 8 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. Exec~'e in dupPGate, each of which will be considered an original, on the M day of '+ 7' , 2006. ATTEST: ~ I '/'. Armando Chapa, City Secretary AIPROVED: 17 May 2006 t:C' - -~- Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Ill?~.~~.nYWl r" b'~ (~U~h. __' J q.l. --~~ S(~AI.Y(iL, I" stATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on .{ George K. Noe, City Manager of the City of Corpus Christi, rl?'(n~cipal. c.~rporatiQn, oA\behaJfof the corporation. ~.oo , i i . 1 \, 7" ' . .a~ .... bUtafe~~~~~ -..... . ..... '~.~' II \. ",' i ~~N~~ /1.' (I 'I. , 2006, by Texas home-rule (p :'Il'\';.~~~'~':"',. ~..,~, " (1l.S;~q ~I,,:,~:.~,~,,"' OLGA DELACRUZ Notary Public. State of Texas My Commission Expires Augusl19,2009 ...,...:;. Commission Expires ) H'LEG-DIR\OlgaR\Doyle\HotIT ax ArtsKs\2006\Hot Tax F und\051606DC.So T xlnt ituteArt$4885L.ewis&Cl.arkProt.ected F.orm.dot - FOR RECIPIENT }~O-\t' , _..A" ~' , k) y...:..~ J.r\ \, ..' , '~, , r/ '",~__j Wliam Otten fPrinted Namel---- Director fTitlel STATE OF TEXAS COUNTY OF NUECES Page 8 of 8 This instrument was acknowledged before me on ,2006, by YYJIiam Otten. Director, South Texas Institute of the s, a xas non-profit corporation, qualified as a 501(c)(3) organization under 26 U.S.C. Section 501(c)(3), on behalf of the cotpgratioq. , , "-., ! . 'tc Nota ubhc, State of T e D);;t J2tLt,L1-AJ. Print Name OLGA DELACRUZ Notary Public. State of Texas My Commission Expires August 19, 2009 Commission Expires [. I I ' ! H:\LEG-DIR\OlgaR\Doyle\HotIT ax ArtsKs\2006\Hot Tax Fund1051606DC,So T xlnt ituteAr,t$4885L,ewis&CI,arkProt.ectedF,orm,dot ~-"",,.. 2006 ART SUBGRANT PROGRAM PART 2: PROJECT DESCRIPTION If completing this form online, please fill in the gray areas. Exhibit" A" Izallon "'iclme S)uth Texas Lnstltute for the Arts H\1e,tel ;1 \ tJsagc ('::;SI pa'.e Include one copy for each Project Fill out all information that applies. 111 ate the JIs,. phnels that hl'st clescrhe thh request 0 Dance U Theater D Music D Literature [XJ \ iSlla] '\rt" 6,I1S-1ll-Education D Museum D Cultural D Youth Arts ~ Ir1\j_ :.ite tne C dr! t.:nt )pCr,tllOl1al hudgL't 1(,)1' ~l)ur ()rganl/,atlOn' check one .~ $'-,CL' i I)r iess [] 5 ~OJi( ( '(Ill OS 100,000-$ 1 million A "PROJECT" s defined as A singular cvent elf a senes of related acti\ities. Each organization may apply fo' more than 2 projects; the maXJlllUm lQJilI wnou!1[ that may be requested is $10,000. Projects must be completed within the term of support: January 1-December 31. If you chanqe t~ 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. Initial here A This is Prole',.t;; of 10Lli \11 i- appllcallons SS requested: 5225 B Project 11tk-Le\tLls-and ('1.::l r L. .\dmisslOl1/tlcket Costs: ( [late(s) e,!'C\enUSI 111cludec! in thIS projc'cl Sept-November 2006 D lhe Prolecli~xhibili.;n Ani '\ for \\lnc11 LJ!lding ]s helllg sought is confirmed? E: ' the faulJ1\ 01 \CI1l1C 11i clmpllanc.: \\It'1 lhe Americans with Disabilities Act? ~ Yes ~ Yes DNo D No (Please see .6,ttachment A to thh ,ipplicat10lL a statement of the Arts & Cultural Commission's pOSJll0n on .Accessibllity) 1:''')\ what are you as an organization going to do to insure accessibllily hv hancilcapped disabled persons') Fstlrnated numhc'[ of persons tl benefit direct'. from th1S ProJect: 16,000 Pleases state a1 plans:c ad\er1 se All dd\ crtlsing cornponents are required to include the Arts & Cultural Commission logo. Name all specific acl\'ertismg outlets used: 0 TV [Xl Radio [Xl Newspaper ~ Website- llther DcslTibe your \\ ebsik .\) How many hits per \\eek B) HO\\' many email invitations are sent') '0 DOC 125 If vou are requesting HOT monty, ;'our organization 11111\r market out-of-town. Samples of your marketing T::1S' ll1cludcd in Your Cnrnpleti,)l1 Repc'rt 1-1 me to include such samples will affect future funding. L 'l'\ethoos)l aCl\:lll~ uL01- o\\n-all.:lll1Cc Brlef v star experience c3rds to gather data and response to prog i is l111S acti\1t> d performance '1y students ir j class) LJ No 0 Yes performmg 111 the program" If yes. how long wiil the professional perfoml (Do not allswer unless the activitv is a vouth performance) 1f yes, will there be a professional uth T':::. s I'1sti"'u'e for tlu' l>.rts Lewis and Clark Project (2006) Name:______ 17 (lrganl/ation ]\an:(. .......-;..... PROJECT FINANCIAL DATA , \ l REVENUES PLEASF NOTE PROVIDE ONJ;EJ\OJE(' r BUDGET ONLY IN THIS SECTION PLEASE ADD \LL COIXM'lS AND RO'VS 'VHERE INDICATED (>). Reminders: rlg.Ir',' . D" 11 l'lt' ](1\\( rIght ,-"1ll1l:r Icpresenh the total project revenues associated with this project. ri,lS! Ie' Shill] d ll2 tlk' 'l.\tJ; p! ,jec ~~eJ:Lci1tlLres (Figure "D") shown III the lower right comer of Part 2, " Grailt llh[ 12\..' 1!'aJ, LC_d \\ h c:lsh md I1-K1I1d ,en ces Please-lote that in-kind resources may not ~'\.,cee L~~).,O ()Cthc nr-ojl'cl ~cLtl Part F For Actual Project Revenues REVENt ES Projected Earned lncoml:' EstImated JjC:Ket,SJ.lLe5. rhis Pro",;:t 'ill'. (Rounded To The '\earest Dollar) ('\SH CITY IN-KIND PROJECT TOTAL Jhf-:rant ()',H1S senlcC's 1112,\ 25'>0 d- projt.:cll " " s \\ orkshorl:~ss/l Lll1lQJ:~ "her Farne,l nCl'mC' I Spe\.'ij\ Undr2\lSll1g ,,1.~mb_ershu: \ " s ') 1 'j, U 0 0 " ~, s s s -6-,97 5 \21,:175 r- 21 975 l nearned Income Covernment Grants i Specih ): elrY :,J BGRA~ ~C;^_ oundatwi1 I. iran1S i Speed\') t'1 CNll t r_._ - " ') - ~-2-3--- " s -:., 5 :J IJ ') " 20...00_ s s lther Urc:arred in\. (~pel'lt\ ( ontrlbU'lQJl',j;l'.Q1:~~lJ> \:1 eml) ere., l-11P - >ther .1'bJ11d C C ) ), ), S _c:TG,O.Q 0 ) :,()OO s ~)3,OOO r 53 000 rOTAI REVE'\l IS I "3 :7' B I I c D 89,200 I I 522; dlox B cannot be more than Box A + C, divided by 2) i)rpI l/ation I'.lPl: South T>. Ins'. r the A~cct (2006) Name:~ewis and Clark 19 PROJECT fINANCIAL DATA can't EXPENDITURES I, xprnditures must be same as re\enues in each column; ie, Cash revenue $10,000; Cash expenditure must equal $1 O,GOO. Reminders: No grant will exceed Y2 of total proiect cost. Grant must be matched with cash and/or in-kind services. h)-kind "enices cannot exceed 25% of total project cost. (Round To The :\earest Dollar) FXPENDlTlRFS C\SI-I CITY l'i-KIND PROJECT TOTAL ~'r l' ,,\ It r "Jit....''''; \\ ill ht 'pt'Jlt ~ (G(!'ld~ Sl'r\ 1(',", 11la~ no! exceed 2~"/;] of projl'ct cost) ,\ Admini'ltrallOJ], AJ1U~di)Jl~StaIT :-i~(~l~' t Thi~ project only-Pg] 2 i Pro fe:;-,19liAlJ ~~, Other. " 1: 1 rsta-:: ere-: ':~ic\,\XX~ ') " l[i~Q 1. " ') 3-e(\ s 3300 h. Travel txpenses, LodgJl:g Other 2 f ren '''U sa ')iLU ~_ " s " s a }rrare 1---1 1 c) (It) I , r- 1500 L Other Expenses fuJ<,;llj) ii}\.' n : ECQl~: EXll1J)ll1!l). F acill':LlZcll1aLL'J In ?_illan_c II Promu!lur PrmtlliR ~mrlIl " ~llQJl ' (:'> ;., &';;L, Z 15 ;., 5225-- s s " ') s " 25i}:;__ '- 2 Ji.lC-~ , A-CW C -- s s s <;. 5M ') s ') s ~ s Othe: " s s s Utllit:c-," 79117~' 84,400 5225 H D r- I 89,200 I Expell"es show 111 these boxes musl indicate 110\\ revenues listed are spent, and cannot exceed totals from Revenues. 'he '-lgure in thL' l,'\\er nght :\)mer L'preSe11ls the totel! expendItures assocIated \Iith this project/OperatJOn. TOTAl FXPEl\DITt1RES I c3,97~, 11 ~ .ea.> NOTE .please do not add or include any other material with this report. Thank you. REMEMBER DO NOT CREATE YOUR OWN fORMS. USE ONLY THIS FORM ~ (it may '1C, ed, \'l[1 'J( hangcs ma\ b~ made II \ thesL fc,m1s) ~~ '.. j h T . I. S'. 1 ] t ': T'" r t s 1[ latii1!1 ',a:ne Lewis and Clark Pr01ect (2006) Name_________ 2()