HomeMy WebLinkAboutC2007-336 - 7/24/2007 - ApprovedAGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI
AND
TEXAS A&M UNIVERSITY—CORPUS CHRISTI
(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 Texas A&M University -Corpus Christi, a member of The Texas A&M
University System, an agency of the State of Texas.
Whereas, the City has allocated $15,000.00 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 Section 351.101 of the Texas Tax Code;
Whereas Recipient desires to provide those activities that promote the arts, as the sole or
contributory producer of the activities described in Exhibit "A" ("Activities");
Whereas, City has determined that promoting the Arts serves the purpose of promoting
tourism and the convention and hotel industry within the City of Corpus Christi.
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
2007-336
07/24/07
Ord. 027352
TXA&M-CC 1
also promote tourism and the convention and hotel industry within the City of
Corpus Christi.
11. Term. This agreement commences on the 1st day of August, 2007 and terminates
on the 31 day of July, 2008.
111. City's Duties. City agrees to pay Recipient $15,000.00 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(04) of the Texas Tax Code.
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 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 351.1010)(3) and of the Texas Tax Code, copy
attached as "Exhibit B".
(C) the activities promote the Arts, tourism and the convention and hotel industry
within the City of Corpus Christi as authorized in Section 35.101(a)(3) and (4)
of the Texas Tax Code.
VI. Promotion of Tourism and the Convention and Hotel Industry. Recipient must
actively promote the Arts 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 of the Art activities described in the attached
and incorporated Exhibit "A".
VII. Completion Report. Recipient must submit to the City's Director of Management
and Budget ("Director") a completion report ("Report"), 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. 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 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
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
(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 periodic reports to the City of its
expenditures from the Grant funds given under this agreement;
and
(B) makmake 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.
X. Unexpended funds. Upon termination of this Agreement, Recipient must
promptly refund to City any unexpended Grant funds.
XI. Advertising. Recipient must acknowledge 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 unless approved by both parties in writing.
XIII. Relationship nship between Parties. Nothing in this Agreement shall constitute a
partnership, joint venture, or principal -agent relationship between the parties.
XIV. Compliance with Laws. Both parties 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
services, activities, and programs. Discrimination as it pertains to this section
3
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. Violation of this provision may result in the immediate
termination of this Agreement.
XVI. Indemnity: To the extent permitted by the laws and constitution of the State of
Texas, both Parties agree to defend, indemnify and hold harmless the other Party,
and their respective agents, officers and employees from and against any and all
liability or damages incurred in connection with claims for damages of any nature
resulting from bodily injury, death, personal injury or property damage arising from
the negligent or willful acts or omissions of the indemnifying Party, its agents or
employees. No party to this Agreement shall be liable for any negligent or
wrongful act to the extent caused by any other party to this Agreement unless (and
to the extent that) any such liability is imposed by a court of competent jurisdiction.
XVII. Termination.
(A) The City may terminate this Agreement for any of the following reasons:
(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 upon 30 days written
notice due to failure by the Recipient to substantially perform
the Activities described in Exhibit "A", unless Recipient and
City agree on a modification to the activities specified in
Exhibit "A" and execute a written modification in compliance
with Section XII of this Agreement.
(3)
The City may terminate this Agreement upon 30 days written
notice 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.
(B) 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 the unexpended Grant funds awarded.
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.
XIX. Force Majeure. With respect to any duties, obligations, or covenants (but not
including the Completion Report required by Section II) 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
4
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.
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 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 will 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 of 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:
Texas A&M University -Corpus Christi
Director of Purchasing
6300 Ocean Drive
Corpus Christi, Texas 78412
(361) 825-5936
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.
5
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.
XIII. 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.
XXIV. Assignment. This Agreement may not be, in whole or in part, assigned or
transferred directly or indirectly without prior written consent of City.
XXV. The Parties are aware that there are constitutional and statutory limitations on the
authority of Recipient (a state agency) to enter into certain terms and conditions of
this Agreement, including, but not limited to, those terms and conditions relating to
liens on Recipient's property; disclaimers and limitations of warranties; disclaimers
and limitations of liability for damages; waivers, disclaimers and limitations of legal
rights, remedies, requirements and processes; limitations of periods to bring legal
action; granting control of litigation or settlement to another party; liability for acts
or omissions of third parties; payment of attorneys' fees; dispute resolution;
indemnities; and confidentiality (collectively, the "Limitations"), and terms and
conditions related to the Limitations will not be binding on Recipient except to the
extent authorized by the laws and Constitution of the State of Texas. Neither the
execution of this Agreement by Recipient nor any other conduct, action, or inaction
of any representative of Recipient relating to this Agreement constitutes or is
intended to constitute a waiver of Recipient's or the state's sovereign immunity to
suit.
XVI. The dispute resolution process provided in Chapter 2260, Texas Government
Code, and the related rules adopted by the Texas Attorney General pursuant to
Chapter 2260, shall be used by Recipient and City to attempt to resolve any claim
for breach of contract made by City that cannot be resolved in the ordinary course
of business. City shall submit written notice of a claim of breach of contract under
this Chapter to Director of Purchasing of Recipient, who shall examine City's claim
and any counterclaim and negotiate with City in an effort to resolve the claim.
Executed in duplicate, each of which will be considered an original, on the K dayof
NI p
ovate, 2007.
6
ATTEST:
Armando Chapa, City Sec
APPROVED: Q0,./ 1 `� , 2007
Lisa Aguilar
Assistant City A orney
For City Attorney
TEXAS AM UNIVERSITY—CORPUS CHRISTI
\-\
Judy = r l Dir of Purchasing
STATE OF TEXAS
COUNTY of NUECES
CITY F CORPUS CHRISTI
G‘o�e K. Noe, City Manager
�\ O
at
L..,,��!�THUmILL.
!Y CQUiiCil.. a oq
SECRETARY
This instrument was acknowledged before me on 11\\-30/2-1C. 1 , 2007, by
—IS Warr , (Title), Irtaac ?ttrcjAct,tiym____, Texas
A&M Unidersity-Corpus Christi, a member ofthe�T xas A&M Univerny System, an agency
e Stye of Texas.
Notary Public, State of Texas
NROP—iA
Printed Name
Commission Expires: �'h��2�C %') 0-011
140t4PY WinfetitI
EXHIBIT A
Desr*iitin of Recipient' Activities
H
ANT() 0 E. GARCIA ARTS & EDUCATION -CENTER
Texas A M UniversitY - Corpus C)tristi Colle
e of Education
+t .�.�a' +' x 5 � k.+ � �! � ..J ��
rx tiny E�rrs .rty •.-'vs•:t'�i�..�r +`=.r .iia'. r`�+ r
` �T � - i s�;r a."r . .ti:. J � �Ii .•.. �..ji .f ; J•�`• ��� " f' r Rr1 Y.".r4 • a� — -
March 7, 2006
Eddie Houlihan
Assistant Budget Director
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
Dr. Mr. Houlihan,
the attached proposal for the building
maintenance and security o �
It isa to submitI� know,Texas A&M
pleasureEducation Center. Asyou may already Antonio E. Garcia Arts &management of
i' College of Education is presently overseeing
�CJniversi - Corpus Christi's � ions with the South��
Lairs a strong working relationship ro � at the Garcia tenter but � the continued allocation of
IThe G aria Center respectfully requests
Institutefor the Arts (STIA).
Si 5,000 for buildingmaintenance and utilities assistance.
programs foryouth and adults in the
Center provides a variety of •
Each
year theGarcia andeducation of its community
community.ro s support the cultural development
These p � p
membersand promote family and social stability.
Enclosed is an 'estimatedoperating budet for �• te.ce and security expenses associated with
brief description ofeach of
Education Center. Also included
the Antonio E. Garcia Arts � A&M University- Corpus
Garcia Center and a copy o Texas
currentthe ro`r� offered at the
P
. Christi's 2006 financial statements.
efforts aswe strive to provide
city
officials will continue to support, our.
We sincerely hope that the past commitment by city
to the community. We appreciate. � ��
muchneeded programming wellness programming for its citizens
testi has fine arts and family
leader�p to insure Corpus�coupled with local and federal
continued partnership. City support, p
andlookforwardto our - Christi,providesa unique
' with Texas A&M University- Corpus. , .
grants, and our affiliationcitizens ofall ages livingin and visiting
c needed services that benefit
partnership provide mu
our city.
Please feel free to
contact us with any questions or
concerns you may have regarding our request.
Thank you for your consideration.
Sincerely,
Roberto GarciaDtor
'o E. Garcia Arts & Education Center
�, Antos
ri
RECEIVED
MARO2QO7 ..
MAnAGMENT& 8UDGT
nhi/u/Y-'.
City of Corpus Christi
APPLICATION FOR USE OF HOTEL OCCUPANCY TAX FUNDS
OrganizatArts & 'tau Center Name: Antonio E.
College of Education
Texas A&M University- Corpus Christi
FY 2007-08
Event/Facility Funds are ue to : �� +
for Which E. GarciaArts& Education Utilities Assize for the Antonio
Maintenance and �
year: � ,
in the rho calendar
Total041
Number ofvisitors/attendees
Numhervisitors/attendees who were from out of town:
Approx. 500
e in CC hotel,
Number of visitors/attendees ;h � Approx. 50
Total annual operating budget recentyear): -
Amount of Funding requested for next fiscal year:
$328,700.00
$15,000.00
2
City of Corpus Christi
FY o -o
APPLICATION FOR USE OF HOTEL
Organization:. -far ��►.
Antonio r
Colle of dues ' o
T A&
U
rsi
Co us Chris
'rte and the eor�o and1. How �
l,ing requested enhancethe promotion 'oma
del inductry in Corpus Christi?
The Antonio E. Garcia AAS & Education Center is
located on 2021 Ages and is
fico inclose arm �
operated by Texas A&M
University's College o d
th the
South Tens Institute for the Arts (SQA). The
Garcia qtr hosts a number of events
throughout the year that include the Arts -After -School program,
the Life Enhancement &
•, Friday Family
Night events, andsummer Arts
Academic Direction(LEAD)program,
Camps,
also serves asdestination for
TheAuto Garcia Arts Education Centex
visitors��-American and MexicaliMexicali view artwork by accomplished d
�to�ra andtourists to
� Center regularly
artists and serves as a Hispanic Cultural Center for thecommunity.
' ski -� d 1 surto, ��
serves as a venue for city-wide traditional celebrations
Dies y Seis de Septiembreand an amival Cesar Chavez
march. These cultural
de Mayo,
events mot large umbrs of Corpus Christi ci• as we
as many brs from out of
town.
By providing dim for programming at the Garcia
Center, the City is not only
��, members, butit is
spm
thel� development and education of its co
assure the safety our streets, our
alsopromoting
family and social stability that
neighbors and our visitors.
3
33 9—
2. 'dentin, marketing strategies that will be used to stimulate tourism, convention and hotel
of
activities.The South•a cation Center, with
helpfrom theArt���
quality 'bits and education proms
in the visual and in
Texas, presents
publicized through local print, proams and events are
radio
theeros arts.�
. •iiimaa,in ci�ritie �
�cll target tie
In
on, a
and television media.
-town visitor. Samplings s otoinclude:
gut�, �
•
c
s ani "isiors
Listings in
AAA, Texas Highways, Tra
e
Coastal Bend
• Participation � "� d and Sea hers
hip during February for free
admission to six
local actions for the
price done membership
statewidetoothermuseums
• Ivionthly listing in
� d di trib ted sta
• �' aloin in � Sa Antoniotion and Visitor �
• Participation Convention
Express and in CVB tourism
maps
• with the Museum ofScience
•
� History circulated
Rack Cards oeraon
through Certified
Folder to region eiudin
Austin and Hoon
.. i ,� publication and or
• Listings in
the
• 's Co .us
shopper publications
and
•
• such as 'Ta 110 �
One � ads per
year statewide mages
Houston-based AIIS
• tion organizers offer
tours and discount packages
Packettonv
4
• Maintain websites at www,g4rciacententanaucc,edu
which receives approximately hitsr month. Linked to CVB and to
CorpusChristiDaily.com
. tolocalstatewide
• Press releases on exhibitions and education
media on various functions held at the center
• Free admission
3. What is the market area, outside, f the Coastal n that
is targeted by these strategies?
... are distributedto statewide media
All press releases and calendars of�
• �
distribution
national artspublications. Addition emphasis is placed on regional
of
` Antonio, Austin, ardo and
rackcards,
discount coupons and other promotions to
the Rio Grande Valley. The above
mentioned websites, wvirw•
Mable for viewinganyone that has Internet access
and ���are also a
anywhere in the country.
-341-
5
Antonio E. Garcia Arts & Education Center
List of Programs
The Garcia Center offers an array of services that are beneficial for the
community and the visitors of our City. Such services include art programs that support
the promotion of the members' cultural and artistic heritage and the opporturiity to share
their legacy with out of town visitors. These programs enhance family pride and unity.
Otherp � r offered at the Garcia Center are intended to support family wellness.
These programs assist families to improve the quality of their lives through services
offered by TAMU C doctoral and rasters level students.
ART PROGRAMS
Arts-Afterflcoo
Goal: The Arts After -School After-Schoolprogram provides neighborhood students with tutoring
services and opportunities to participate in. arts activities after school.
Attendance: approximately 25 35 students grades K- each week for 36 weeks, 40 each
week during the summer. All participates from immediate neighborhood of
Garcia Center.
Activities: University students provide tutoring, lead children in arts activities and serve
as mentors for neighborhood students. The participants receive hot meals two
titres a week as of a program with the Corpus Christi Food Bank,
Location: Garcia Center
6
Moms and Fro
Goal: This program children re ages 2 to 4 opportunities for self-
expression, creativity, and exploration, as well as to involve the parent in the
creative process.
Attendance: 12 children ages 2-5 and their parentor
guardian weekly over 32 weeks.
Activities: Childre.n and parents encounter art, hear stories
relating to the works and
Tomeet the demands o the
create art. Theproms occurshi-monthly.
• rarer has increased. two tfour
times perparticipating ��.r
month, forhour a �
week. Classes meet twiceday, two days
h
session. Most classes fill quickly and there often is a waiting list. Form
al
evaluations have been conducted,
but because of the increased interest and
� theprogram's spy of
ndan Institute educators are constantly �
attendance,
materials.artart Thisrg�
began in 1998 and has expanded from an average
class of Sgt sets of childrenand
parents to two sessions a month 12 sets for
four sessions.
Location: Art Museum and Garcia Center
Suinniut Cam
Goal: ' relationships withfamilies and
Simmer art camps are designed to develop lasting
grow the membership throughout the year and provide students opportunities to
enjoyperformance and visual art activities are offered
their artistic -e sides. Dance,
to youth each summer and to students on holiday break by request.
7
—343—
Up
• Center location,ages 542.tocchildren at -thee Garcia
Approximately 250
100 scholarships are
Attendance: �•
available for the steer camps.
Activities:fme arts summer camps at the Garcia Center are
• one and two weeks,which
provideboth visual an
ca ��� ween
d
to 1 � years)are divided
performingarts five days a wee
The children (ages
into two groups. Th
groups, ages tand o
12lean a variety of art
of a ea each group session, e
emit the artwork they
disciins. At end
created
• ance for fay and
friends. Curriculum and
and erg a perform
withthe Garcia Center location rg
format are the sameas
the Art Museum
• tcamp �l�eenin
The current version of summer
neighborhood children.
ar�eee
e since 1997. Since then, ce certain sessions
e�tne
comso
• , yes moot themer•
popular, they are
now
offered two different
Location:Garcia Center & Art Museum
Sunda Fan,,Inda
. Garcia Center Goal:
S�,y � nos eve
to atactf�iestot e
Museum and to art education programs. To bud
d family ties as families
experience progxams together.
Attendance: 1 youth 4,0 0
and families annually
ed to exhibits o etas
Sixnda are held each
year with themes eat
ems.
even " ys" offer creative art
activities and visual
art performances for the
y• ets are served to add
festive atmosphere.ee►t
whole �l. �efres�
' s � author, far LomasLomastured artist and c��
successful a� Dayfeatured
Garza. The South Texas Institute
for the Arts papered
with the Corpus Christi
with o� 1,000visitors.
Public Library, which
resulted in a FamilyDay
,Location:•on. Art MusemU and Garcia Center
& Modern Ili o Dance
Dance Classes 1klc
The ice classes are designed to provide students
an avenue for stab1isbhig
dal.
` andeventually healthy
life-longlifestyles.
t�iy exercisecones
to in these groups during
re.ixaey ci` 'ld�ren a�
Attendance:APS
a year.
olkori dance and hip'
instruction several
Students attendpractice for
Activities:
days
`se monies through
fundraisersmoot the year.
during� week. ey ray
in
r to travel to different
placesthroughout the
coin and compete against
order
other students.
Location: Garcia Center
FAMILY WELLNESS PR4GRAM5
• inert & Academic
• `oitel � rates
Goal: The LEAD
. coat the d�sroor��.
s
program. • �s designed �
involvement, and
and drugabuse, lack of parental
cool dropouts, alcohol
victimizationyouth in the Coastal Bend area.
• l 20 students, ages 12
to 1and their families.
Attendance: Approximate
three components:(1)
FamilyConnectivity, (2)
Activities: e program included
Interactions, and Academic Success.
The � Coxecti�.t
Healthy
x's rd family
reduction offamilial stressors component addresses the
E• i Pri ram
—345--
enrichment and anger management
seminars and sponsoring
familyalternative
programming, The Healthy Interactions component addresses
•ssues f participant andfamilial substance abuse,
participant victimization, and
��
counseling, and
copingsprovidingassessment, ��se
component dr
s, The Academic Success prevention/intervention •on g�
• .Weems group sessions
ins
meets participate
academic in
issues through.weekly
sch
tivities and -participants.
*
with tutoring and
barer related ��
is and implemented by
ng. The
rdesigned
c��� for each�
Education doctoral
masters level students.
of
Location: Garcia Center
F,erMaim ih,en'
- with high levels of
e
tohelp students
Goal: The age management sessions are designed
ion r anger
to control their eemotions.amslearn how
ear working in groups.
Approximately 150 students per
Attendance:
how to understand and manage
theirfeelings axe. are provided
Act. `ties: ��ent learn
• ast avid xio�xs
atm negative feelings so
toolswith avoid escalating
members. They are taught
rs and mob
withtheirpeers, teachers, •
confrontations c
ss that. gab
le them to control their anger in the face of a conflictStudents
others, in
to"put themselves
to understand the perspective �vc10 theirability
lee's shoes. They are taught to be aware o
weir emotional and
someone elphyssome
are angry• To help
studentslearn self-coutro
yea states whenthey
include groupdiscussions,
role
-
10
techniques are taught.Activities
playing, modeling of appropriate behaviors, and simulation gae. The program
usually consists of 12 sessions in a span of six
weeks and the curriculum. for each
is designed and implemented y
�CC' Collegeof Education
rogue
doctoral and masters level students.
Location: Garcia Center
Youth Le ri Ac dein
Goal: The Youth Leadershipdevelopinterpersonal leadership
Academy aims
qualities
ot. �.e leadership eelopen
t
at -risk or court -referred
c
lear through groupgroup activities.
�eulincludes.experiential
• Approximately 25students ages 1348.
Attendance: � �
Activities: Students devlo and utilize � terprs
leadership through activities that
include a visit trjourna.1 g� individual and
to a ropeschallenge course, reflective
• presentationscommunity leaders.
counselingcohort services, mentoring,
���'s College Education
ro s delivered by
Thep � i
doctoral students and fait.
Location: Garcia Center
4
1
1
1
13 _ Fun 1t
Goal: Family dun Night programmingg provides familiesies with an evening of healthy
entertainment while offering them a safe place to foster family mmatin,
Attendance: A ro�ately 400
children all es antheirffamilies.
—347
� together andAct... .The program provides
fie anopportunity to s e
nd that encourage a��
participate in�rari
ofactivities
events communication. These
are held every other Friday Night and program
TANIUCC's College of level students. A free
Education doctoral and naasters
dinner is provide for program participants.
Location: Garcia Center
Ti�a1kDV Iii
Goat: This programtr�t�o�l
- - awareness �o�ai
order to prevent theid x�
risk
pile read and escalating
diseases sucha diae
tes
r associatedtwith
and high blood pressure.
Approximately 100-200 families.
• Actv- • � `tit provides
food r (thoseresponsible
��e � � � es ffor
o � , andd rccs
eals) •th formation, great s
pip theseving
•le or dad ars rce�
eal�a mealc1 �p�n
. amon .ands
eaan sy, healthy
,ca�t�i
exercise works with their children to help them
eatingy
and exercise habits.
Location: Garcia Center
AssociationWestside Business A Navidada Los Nines
oft to part.iipt
Goal: This event provides the neighbothood
in holiday estivities associated
with the season of giving.
and theiralis annually. 500-1000 children Attendance: pp��x���
12
ohll�r�' activities,
event includes book giveaways,
Activities:� holiday
r
hmt, family fun, and aopportunity t to to
a photo with Santa Claus.
The event is free and open tib �, �e
to the public. Last �
attended the event.
Location: Garcia Center
Cesar E. C ve March
Goal: This event is held annually the MexicanAmericanAmericanto honor Cesar E. Chavez,
labor activist � and leader o the United Farm Workers and
promote awarenessof
his
• workersthrough out the
helped many migrant
non-violent • ��� that
United Sate.
AtteWane: 250-500 people attend this event away.
annual marcheshavetaken
This
annual event. Over the past six years,
Activities: an
place with the Garcia Center serving as
destination for attendees.
Location= Garcia Center
—3 —
Page 9 of 11
EXHIBIT B
Texas Tax Code
351.101. USE OF TAX REVENUE.
a) Revenue from the municipal hotel occupancy tax may be used only to promote
tourism and the convention and hotel industry, and that use is limited to the following:
(1) the acquisition of sites for and the construction, improvement,
enlarging, equipping, repairing, operation, and maintenance of convention center
facilities or visitor information centers, or both;
(2) the furnishing of facilities, personnel, and materials for the
registration of convention delegates or registrants;
(3) advertising and conducting solicitations and promotional programs
to attract tourists and convention delegates or registrants to the municipality or its
vicinity;
the encouragement, promotion, improvement, and application of
the arts, including instrumental and vocal music, dance, drama, 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;
historical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs to encourage tourists
and convention delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention center
facilities or visitor information centers; or
located elsewhere in the municipality or its vicinity that
would be frequented by tourists and convention delegates;
for a municipality located in a county with a population of one
million or less, expenses, including promotion expenses, directly related to a sporting
event in which the majority of participants are tourists who substantially increase
economic activity at hotels and motels within the municipality or its vicinity; and
subject to Section 351.1076, the promotion of tourism by the
enhancement and upgrading of existing sports facilities or fields, including facilities or
fields for baseball, softball, soccer, and flag football, if:
(A) the municipality owns the facilities or fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or Tess; or
(ii)has a population of at least 65,000 but
not more than 70,000 and is located in a county that has a
population of 155,000 or less; and
(C) the sports facilities and fields have been used, in the
preceding calendar year, a combined total of more than 10 times for district, state,
regional, or national sports tournaments.
CADOCUME-1‘JeannielLOCALS-1\Temp‘2007 Hotel Tax Recipient Agmt - Antonio E. Garcia Arts & Ed center.do
Page 10 of 11
(b) Revenue derived from the tax authorized by this chapter shall be expended in a
manner directly enhancing and promoting tourism and the convention and hotel industry
as permitted by Subsection (a). That revenue may not be used for the general
revenue purposes or general governmental operations of a municipality.
The governing body of a municipality by contract may delegate to a person,
including another governmental entity or a private organization, the management or
supervision of programs and activities funded with revenue from the tax authorized by
this chapter. The governing body in writing shall approve in advance the annual budget
of the person. to which it delegates those functions and shall require the person to make
periodic reports to the governing body at least quarterly listing the expenditures made
by the person with revenue from the tax authorized by this chapter. The person must
maintain revenue provided from the tax authorized by this chapter in a separate account
established for that purpose and may not commingle that revenue with any other
money. The municipality may not delegate to any person the management or
supervision of its convention and visitors programs and activities funded with revenue
from the tax authorized by this chapter other than by contract as provided by this
subsection. The approval by the governing body of the municipality of the annual
budget of the person to whom the governing body delegates those functions creates a
fiduciary duty in the person with respect to the revenue provided by the tax authorized
by this chapter.
(d) A person with whom a municipality contracts under this section to conduct an
activity authorized by this section shall maintain complete and accurate financial records
of each expenditure of hotel occupancy tax revenue made by the person and, on
request of the governing body of the municipality or other person, shall make the
records available for inspection and review
to the governing body or other person.
(e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be
spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and
other administrative costs only if those administrative costs are incurred directly in the
promotion and servicing expenditures authorized under Section 351.101(a). If a
municipal or other public or private entity that conducts an activity authorized under this
section conducts other activities that are not authorized under this section, the portion of
the total administrative costs of the entity for which hotel occupancy tax revenue may be
used may not exceed the portion of those administrative costs actually incurred in
conducting the authorized activities.
(f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to
attend an event or conduct an activity the primary purpose of which is not directly
related to the promotion of tourism and the convention and hotel industry or the
performance of the person's job in an efficient and professional manner.
CADOCUME-1VleannielLOCALS-1\Temp‘2007 Hotel Tax Recipient Agmt - Antonio E. Garcia Arts & Ed oenter.doo
Page 11 of 11
Nothing in this section shall prohibit any private entity, person, or organization from
making subgrants by contract to any other person, entity, or private organization for
expenditures under Section 351.101(04). A subgrantee shall:
(1) at least annually make periodic reports to the governing body of its
expenditures from the tax authorized by this chapter; and
(2) make records of these expenditures available for review to the
governing body or other person.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987. Amended by Acts
1989, 71st Leg., ch. 2, § 14.24(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1110,
4, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 680, § 3, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 1027, § 1, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 755, § 1, eff.
June 13, 2001; Acts 2001, 77th Leg., ch. 1308, § 3, eff. June 16, 2001; Acts 2003,
78th Leg., ch. 209, § 90, eff. Oct. 1, 2003; Acts 2003, 78th Leg., ch. 303, § 1, eff. Jure
18, 2003; Acts 2005, 79th Leg., ch. 1247, § 1, eff. June 18, 2005.
CADOCUME-11J Annie\L AL-11Temp12007 Hotel Tax Recipient Agmt - Antonio E. Garcia Arts & Ed c nter.doc