HomeMy WebLinkAboutC2007-378 - 11/13/2007 - ApprovedPage 1 of
ACR~EI~~NT BETWEEN
Ti~E CITY of CoRRU CHR1T1
AND
ALCORTA' FoL~LORiCO DiA~ANTE
ARTS AND CULTURAL CoMI~lION
ART GRANT UBRECIPfENT ACRE~MENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This Art grant ubreci intAgreement {"Agreement'}} is made and entered into by and
it 17
between the Ciri~~~*fi of for us Christi, a Texas home rufe mun~c~pa! corporation {City },
actin throe hit's dui authorised City tanager or his delgr~ee ~ City i~a~ager ~, and
g g Y
Alcorta} Foikiori~o Diamante, a non-profit corporation organised under the IaWS of the
state of Texas ~"Recipient"}.
vIIHEREA, Ci has allocated ,OO,of general Fund revenue to enable Recipient
:,
to erform those activities described in Exhibit "A" ~"Eligible Activities ~, a copy of
~ ,
Which is attached hereto and incorporated ~n this Agreement by reference;
vUHEREA Ci desires to encourage and fund arts programsthatpror~otethe artsfor
f tY
the benefit of the comrr~unity;
vvHEREA, Reci ient desires to provide those EligibieActivities that promote the arts
p
for the benefit of the comaunity as the sole or contributory means of producing the arts
ro rare described in Exhibit "B" ~"Arts Prograr~"}, a copy of v~rhich is attached hereto
pg
and incorporated herein this Agreement by reference; and,
v1~HEREA, Cit has determined that there e~cists a genuine need for Recipient's Arts
]I
Pro ram in the Cit of Corpus Christi and Wishes to encourage the production of
9 ]~
Reci Tent's Arts Program through the funding of Rec~p~ent s Eligible Act~v~t~es.
p
NO~v, THEREFORE, City and Rec~pier~t agree as follows:
section 1. Rur ose. The City desires to e~cpend funds from the City's general Fund
revenue to fund arts programs produced by nonprofit, community-oriented
or anizatior~ s ecificall those programs that serve to promote the arts for the benefit
g p
of the cornnlur~ity.
ection 2. Terre. The term of this A regiment comr~ences ~t of Janus , ~Og, and
g -~
terrnir~ates ~~~ of December, X008.
X007-375
11113107
11~2007~~55
~lcOrt~'s ~'otkl0rico Diaman~e
Page ~ of
Sec#ion 3. onideration.
~A} City agrees to pay to Recipient the sum of 3,60 ~"grant"} out of revenue
fror~ the City's enerai Fund for use in accordance with section 4 below, In
no eventwili City be liable for are amount in excess of the grant amount.
~~} ~n consideration of said grant funding, Recipient agrees to perform the
following;
~~ } thane activities that are eligible far funding in accordance with section ~
below and are described in the attached and incorporated ~~hibit "A"; and,
~~~ those activities, if any, that are ineligible forfunding hereunder but are
inherent in and essential to the successful production of Recipient's Arts
Program described in the attached and incorporated ~~hibit "B."
~} houid Recipient fail to fully perform those activities referenced in sections
~~}~~ ~ and ~B}~~}shave, this Agreement shall be subject to termination in
accordance with section ~ below,
section 4~ ~iiible 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
reviev~red and approved by the City through execution of this Agreements and,
{~} those activities that involve:
the encouragement, promotion, irr~proverr~ent, and application of the arts,
including instrumental and vocal music, drarr~a,
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, per#ormance, execution, and exhibition of these
mayor artforms.
Recipient shall be solely responsible forensuring compliance with each of the two re-
quirements listed above. Initial City approval and funding of Recipient's proposed ac-
tivitiesdoes not constitute legal validation of the activities.
section ~. Completion Report.
~A} Recipient rr~ust subrr-it to the City's Director of Parks and Recreation
~"Director"} a completion report ~"Report"}, copy of which i attached and
incorporated into this Agreement by reference as exhibit "C", no laterthan thirty
{o} days foilowing the termination of this Agreement. ~"he Director, or his designee,
I.]~LI 1=r'__f11R1 l~onniall ieolAnm~_61rnrF~eFnllrlnri~+n_I ~nsNr~rhn r'finr
Page of 9
shall revie~r this Re ort to verify vuhether the grant funding provided to Recipient
p {.
vuas ent in accordance v~rith the requirement in this Agreement, A Rec~prerr# ~r~l~
p
no# ~~ eli Ible #o ~ ! for rarr# funds frr the r~ex# calendar year tf #ha#
~ ~p Y .
Reci i'rr# fans #~ subi# i#s Report l#hlrr thir#y (~0~ days follow~rrg the
I~
#er~nfr~a#lor~ of #f~r's A reerner~#: This req~~rernen# wfll ~~ s#r~~#ly enforceaf. Any
..
rec~rmenda#torr or ~ndl~a#lorr by ##re ~#y #ha# Re~~pfer~# may he elt~~ble #o
a ~ for rar~# funds fort#~ r~ex# ~aler~dar year I ion#ir~err# upon the #i~rely
A~ ~ .. ~
sur~isstor~ of #hfs Re or#; are Re~r'pien# shat! be declared ~r~elr~~ble #o app y
~ .. •
or Crarr# finds for the rr~# calendar year ~f Re~p~err# falls #o #irnely r~ee# #h~s
f
re ~Irernerr~. For all E!i ible Activities funded ~y the City, the Repot must include
~ g
the follo~ing Arts Program criteria:
~ A v~ritten description of Recipient's marketing or adverkiing strategy;
~~
(2) An estimate of the total Arts Program attendance; and,
3 A statement of Recipient'e Arty Program revenues and expenditures
~~
B The i Director of Parks and Recreation ~i`~i~ecto~"}, or hislherdesignee,
~ ~ tY . .
shall revie~r this Re ort to verify uvhether the Grant funding provided to Recfp~ent
p
was ent in accordance vtirith the requirements listed herein.
p
Reci ient shall at all times during the term of this Agreement, and for one year
~~ P
thereafter kee true, accurate, complete and auditable records. Recipient agree,
p
u on recei t of reasonable notice, to permit Director to audit or otherwise examine
p p
ertinent books and record, for a period of one yearf~llo~ving the termination of
all p
this A regiment, to determine the accuracy of Recipient's Report.
9
Section G. Disbursement o~funds.
A Reci 'rent a reel that payment by City of Grantfunds, in accordance vuith
~~ p g ..
Section of this ~ reen~ent, is contingent upan Rec~p~ents full cor~pliance with the
g
requirements contained herein.
B Should Director determine, during the term of this Agreement, that
~~
Reci Tent's activities fail to oomplyv~rith the require~rrents contained herein this
p
A regiment this A regiment shall be subaectto termination in accordance Frith
9 a g
Section ~ ~ belovu.
tion 7. Unex ended funds, U on termination of this Agreement, Recipient must
Sec p R
rom tl refund to City any unexpended Grantfur~ds.
p PY
Secti~~ 8. Advertisin ,Reci lent shall recognise the City of Corpus Christi ~ con-
on all advertisements and ubl~cat~ons regarding Recipients Arts Program, Re
trlbutor p . .
ci Tent must rovide i v~ith co ies of all Recipien# sponsored adverkising and pro-
p p P
motional materiels related to Recipient's Arts Program.
Page 4 of 9
Section 9. Modifications to Agreement. No alteration, change, ar r~odificatian of the
terms of this Agreement or waiver of any provision will be valid unless made in writing
and signed by a person authari~ed to sign agreements on behalf of each party
Section ~~. Assignment. This Agreement may nat be, in whole or in part, assigned or
transferred directly ar indirectly without the prior written consent of the City.
Section ~ ~. relationship of Parties. Nothing contained in this Agreement may he
deemed or construed to create a relationship of principa# and agent, partnership, ar joint
venture It is expressly understood that neitherthe payment of funds by City to Re-
cipientnor any other provision contained in this Agreement ncr any act or acts of the
porkies hereto i deemed to create the relationship of principal and agent, partnership,
or joint venture.
Section ~~. Non-discrimination. Recipient steal! not discriminate or permit
discrimination against any person ar group of persons, as to employment and in the
provision of services, activities, and programs, on the graunds of race, religion, national
origin, sex, disability, ar age, yr in any manner prohibited by the laws of the United
states or the state of Texas. ~i~ector 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 ofthis Agreement.
Section ~. #nden~ni#y. ~'~ the extent a1#owed ~y Texas Law, Recipient,
{"lndernnitor'~} hereby f~1#y agrees ~~ irrder~r~~f~r, save ar~~ ha#d #~arr~#e the icy
of Corpus ~hristr"", its officers, employees, representatives, licanseesf and fnvitea
{"#rraferr~ni~ees'~ agairrs~ ar~~r arraf ~## 1iab~f~~y, ~Iarrrae, #os, ~la~rns, d~narr~ls arrd
ao~#orrs ofarr~ rra~~re wha~so~ver err account o~~erorra# ir~jurios r'rrc#~irrg~,
without lirr#ita#ion err the foreg~oin, workers' conrperrsatron and dean clatr~rs, or
property #oss or dan~ae of any lr#nd wfra#soever, w#ricfr ~rrise oc~t of or are #-r arry
manner connected wr"fh, or caused ~y, or are claimed #o arise opt of, are clai~red
~o he in any manner connected with, or are clatrned to be caused by, oifher
,proximately orren~otely, who##y or rn par-, an act or omission, neli~ence or
rnisconafuct by lndemnitees or any of them, by #nderr~n~tor, or any of lndenani~or's
agents, servants, rnployee, contractorsf patrons, ~ues~s, licensees, or invitees
par~icipatirr in, or ohservin~ lnden~nitor's Ards grogram; or when any said Injury
or da-nao is the resu#t, proxln~ate or repro#e, of the violafton by #nd~rnitees or
any of them, by lndemnttor, or any of #ndemnitor's agents, servants ernp#oyee,
contractors, patrons, guests, licensees, orinvitees of any #aw, ordinances or
governnfiental artier of any kfnd, or when said injury or afarnae may rn any other
way arise out of the exercfse of rights or the performance of ohlig~ations created
by phis -4greerr~ent,
The terms of rnde~rnification are ef~ect~ve whether said injury or dantae results
from the so#e negligence, contrr'hutory negligence, or the concurrenf ne~ltence
of ~nenrnttees or any of therm:
Page 5 of
lndernni~or mu# of r`~.s orr ex ease, inves~iate a!l claims and demands, attend
~o #I?ef~ sei~lenten~ er ot~e~ dis osl~fan, defend all actions based thereon wr~~
counsel sa~isfacto to lnderrrnr`~ees, and ~a~ all cfrar~es of a~rney and all
~ ~.
a~i~er costs ar~d ex eases ~~ any kind on account of safd l~ab~f~~jr, darrraef less,
clain~s~ demands, or acfivns.
section ~4. fasts.
{A) Noncompliance with the terms in this Agreement may result in the termination
of this Ag~'eement and repossession of Grant funds disbursed sn accordance
therewith.
B If the it undertakes legal action to enforce compliance or collect damages
^ ~ ~ ~ 1
resultin from noncom fiance, Rec~pient~r111 pay all ~t~s court costs and
p
expenses, including reasonable attorneys' fees.
section ~~. Termination.
A The fit ma terminate this Agreernentfor one or mare of the follo~uing
~~ Y Y
reasons:
~ The i ma immediately terminate this Agreement if Recipient violates
~~ y
sections ~ ~ or ~ 9 of this Agreement.
1f Reci ient fails to substantially perform those activities described in
. ~ ~ ~~ ~i
Exhii~ "A" Ali ible Activities, or those activities described ~n ~xh~bit ~ ,Arts
Pro rarr~ in accordance vuith section herein, ~rrector, ~n his sole discretion,
ma terrr~inate this Agreement upon thirty ~a}days ~rr~tten notice and require
]~ .. nt
Reoi ien~ to reimburse the City all grant funds carded; havweve~, if Rec~p~e
p ..
and director a ree on a modification to the requirements described ~n Exb~b~t
g
"A" ~xhihit "B", or both, and a uvritten modification i executed irr compliance
a
v~ith section , then this proviion gill be suspended.
rantfunds shall only be used to fund eligible Activities, as described in
1 r
section 4. If ~irectvr, in his sole discretion}determines that grant funds vuere
used to fund activities other than those qualifying s eligible Activities, ~irectar
ma re airs the repayment of any or all of the rantfunds. If pirector
]~ G
deterr~ines that grant funds sere kno~rNnly or intentionally used to fund
ineli[/Vy~~ible activities director may require repayment of all brand funds carded
~/ ~ .
and ma terr~rinate this Agreer~ent upan fourteen X14}days ~rr~tten notice.
Y
B Reoi Tent ma terminate this Agreement ~vithout pause upon thirty ~a}days
{~ p y ~ ..
Britten notice to the i . If Recipientchooses to e~cercise this option, Recap#ent
i ~ ~
must re all rantfunds carded, uvhether expended on ~I~g~ble Activities or not.
~y
section ~ ~. everabilit . if an tern ar provision of this Agreement or the application
Y ]~
reof to an erson or circumstance is, to any extent, unenforceable, ~nval~d, or illegal
he y p
r resent arfuture lava then the remainder ofthis Agreement, or the ppl~cat~on of
uncle p
.... _r. ~.... ~ ~~ i r ...__^ ^i_~~~,F-~II.I....,... I I..n Alnnkn ~.hn
Page ~ of
.. ens or circumstances otherthanthose as to which it is held
the tern or prov~s~on to pers . .
f rceable invalid or ille al, will not be affected thereby; and a terra or provision,
unen o ~ ~ a
. to said unenforceable, invalid, or illegal tern or prov~s~on, and a m y
s~rn~lar ~n nature
d be le al valid and enforceable v~ill be added to this Agreer~ent
be passible an g ~ ,
autor~atically.
' .Force I~~'eure. It is understood and agreed that, with respectto any
section 17 ~
Hants but not includin the vmpietlon Report required by
duties, obl~gt~ons ar cove ~ ~
ed or consideration to be provided by either porky during the
Section 5} to be perform .
the ark so obli ated shall, in no event, be liable forfa~lure to
term of this Agreer~ent, p y g
doin sob an cause beyond the reasonable control of
perform when prevented from g y Y
without limitation, strike, lockout, breakdown, accident, order ar
said party ~nclud~ng, . .
' overnmental authorit , orfailure of supply, or in-ability, by the
reg ulat~on of any g y
' dili ence to obtain su lies, pmts or employees necessary to
exercise of reasonable g pp
' r because of war natural disaster, or other emergency. The tirr~e
furnish services, o ~ t
obli ation or covenant must be performed or said consideration rnus
when said duty, 9
' extended fora eriod of tine equivalent to the delay far said cause.
be prav~ded will be p
Section ~ ~. Notices,
ds re oasts or re lies provided for or permitted, under this
~A} Ail notices, demon q ~ p
' er art must be in writing and must be delivered by one of the
Agreer~ent, by oath p y
~ b arsenal delivery; ~~} by deposit with the United States
following methods ~ } Y p
ice as certified or re istered rail, return receipt requesteda postage
Postal Sere g .
' ~ re aid tale rare' ~ b deposit with an overnight express delivery
prepaid} ~~ by p P ~ ~ ~ ~ Y .
' ' h service has been re Cdr or, ~5} by fax transrn~ss~on. Nat~ce
service, forwh~c ~ ~ .
' d States Postal Service in the r~anr~er described above will
deposited with the k~n~te
ctive two ~ business days after deposit with the Ur~~ted States
be deemed effe ~ ~
` Notice b tale rare or overnight e~cpress delivery service in the
Pasta! erv~ce~ y g .
above will be deemed effective one ~1 }business day after
manner described
' ' ra h om an or overnight express carrier Notice by fax
transrn~ss~on to the teleg p p y , .
' mad effective u an transmission with proof of delivery to the receiving
gill be dee ~
. All such communications must only be made to the following:
Pa~Y
IF~'o CITY:
lty ~f corpus ~h~lstl
Attn: director of Park 8~ Recreation
P, ~. Sax 927
carpus Christi, TIC 78~4G-~~7
~~ 1 } 880~4~01
Page ? of 9
iF T~ REIPi~i1iT:
Alcorka' Folklorica ~iamar~te
nthia Alcorta Director
~4.Lvng,r~eadow
Corpus Christi, Texas ~8~1
~~~ ~ ~-g~4g
(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 thir#y {30) days
after the address is changed.
eotion ~ ~. Compliance v+ri~h Lames. ~eoi~ai~n~ shall observe and obey all applicable
lays, ordinances, regulations and rules of the Federal, state, County and City govern
rnents. This Agreement i subject to applicable provisions of the City Charterand the
City Code of Ordinances.
ectia~ ~~. l~aivers. The failure of either parkyto complain of any act oromission on
the park of the other party, no matter hoer Iong the same may continue, vuill not be
deemed a waiver by said party of any of its rights hereunder, No v~aiver of any covenant
or condition or of the breach of any covenant or condition of this Agreement by either
porky at anytime, express ar irr~plied, ~vill constitute a ~raiver of any subsequent breach
of the covenant ar condition and shall not justify ar authorise the nonobservance an any
other occasion of the same or any other covenant ar 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 quill not be deemed a consent ar approval of
the same ar any other action at any other occasion Any ~raiver or indulgence of
Reoipient's default of any provision of this Agreement gill 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 hereunderr the failure an the park of the City
to prorr~ptly avail itself of the rights and remedies that the City may have vuill not be
considered a ~vaiver ~y the Cityt but the i#y may at any time avail itself ofthase rights
or remedies arelect to terminate thisAgreer~ent on account of the default.
sec#ior~ ~~ . entirety ~iause. This Agreerr~ent and all exhibits attached hereto contain
the entire and only agreement betv~een the parties regarding the subject matter
described herein; ar~d no oral statements or representations ar prior vuritten matter not
cantair~ed in thisAgreernentuvill have any force and effect.
ectior~ ~~. Captions. The captions in thiAgreement are far convenience only, are
not a per# ofthis Agreement, and do not in any gray limit or amplify the terms and
provisions of this Agreement.
F~:1LEG-D1~~leannielLisalAgm#•A~~or~asF~ikloric~-UnaNoch~e.~oc
Page ~ ~~~
ICAT~ each of ~rhich ~vi~l be can~idered an original, on the
~~ECUT~~ 1 ~~JPL
day o~ ~4~7.
~ ~~ ~R~U ~HR1T~
~aTT~T.
Cit ecreta eorge !~. Nce, City Manager
Arr~ando hapa, y rY
'.(c ~~o~
AP~R~VED
~.
l..i~a Aguiia
As~itant City Attorney
Far City Attorney
STATE OF TEXAS §
NUltl~x~
~u~
~.
.~~~wn ~~ii#~aw~t~~aaaswasa~a•
-1~~J~~ [ ~~~
COUNTY ~F N~~~
r
' cknaled ed be~are me on X07 by
This intrur~ent vas ~ ~
` ~,~ er ~~ the Cit o~ Corpus Christi, a Texas hone rule
earge ~C. Noe, City ~ Y
rnun~ ' a~ car a~ati , an ehal#v~ai~ corporation.
till II I~ ~~~ ~~1\V
Nota Pu~~lc, State o~ Texas ~'`' ~'•: ~~~~~
~v coM~~s~~o~ ~
_*; ~*:
~:
.,
I ~I~ f41~
Printed Name
Comr~ision expire:
Pae9af9
~~~ R~~~P~~~T.
~~~
~nthia or~a,
~~re~~or
TATS ~F TEXAS
~[~TY ~F NUEE
T~~s in~rumenf was a~~Cnov~~edged before ~e on , 2~~7, by
Cynthia Aleo~a, ~~rector, ~n autherized representative of Aleort~' ~olk~orico Diarnar~t~.
ry Public, State of Texas
,,~~~r~,, ~~AN~~~ MOLtANp
a
/ ~'F ~ ~~ N~iary Pt~~l~~, 5ta~e ~~ ~'exaS
~`~i,~~; ..,~~*w~ ~Y ~0~1"ICriIS~1Qf! ~x !F@5
Printed Name
/~ ryryfy~r ~} Iy ~
k~ +~~~ 1111M;rR~ ~V~~IIIh~F Y~, i~~~
l
Orx1rY11IDr~ ~X~Ir~s:
H:ILEG-~ I RIJe~aaielLiS~lAgmt-AlcartasFolklarica-UnaNach~~. d~c
,wer Cues#lon #~ ~ on t~~ page artly.
~n the followin~pc, please write -~vhat you v~rauld like the Arts and cultural ammissian to know about
your Proposed Project the project for ~nrhich you are requesting funding}. Although brevity is valued, clarity
and cornpieteness are essential) This description uvill be ~ major component utilized during the review
process,
1~1ax~r~ur~ X50 wordy, ~ 2~p~~nt font.
The carpus Christi Folklorico and Alcorta' Dance audio take great pride in being the only studio that
~~~ .~ _ _ It is the only~~ ,` ~~
y~_ .. y
organization for students in l~-~1 . .. .. ,,Y,.. . ~ ~_.f ~~ *_ ,_ . ,, .~a target
areas where children will really benefit fro e o lori~o and f~arnenco dance programs. Another
way to reach the community and' ,~~ to have them cone to the show and
{;Yi,~~t themselves. The fiesta lnolvidable will feature ~ IVlexican Christmas theme. It enables
teachers to bring their classes to an auditorium and share the hristrr~as falklorico experience with
~D~4 other students. ~ ~ but mast of all ~ students receive a lesson an
cultural holidays, oostuming,~~mus~c, sicians, and roost of all, different~~~dancir~g celebrated in
hllexico{ Las Poadas, Los lndios Aztecan, Los onchero. La Nvche Buena, Veracruz, Jalisco,
uerreo and Hidalgo. ~ `.:~~~. ~~ ~, ry~~<<~~ ~~~s the onlyane of its kind in corpus
..L ~ r- ~+ k!~_ Spy' <. Yl
Texas, Teachers can sign up far one of t~+o r~at~nees~~ a~~a and ~ ~:0}. Eac#~ state or section is
introduced separately and is described by the narrator in detail. special backdrops are ordered to
enhance the holiday performance. Students get to see aver ~ dancers from throughout the city
schools dance in their beautiful authentic costuming. -_ ; _ _ .. .~~.~~~~R~~~~~ith
information from all the regions presented with questions far their classes. The students receive a gift
from the dancers a they exit the auditoriurn~ This i even more special because the program uvas
created by a pankh teacher who - :~~~~~~~~~~~~~~~ All the
volunteers are also teachers and parents within the school district. All students participate in the
grand finale with the dancers, and they also get to take pictures in the foyer with the corpus Christi
Folklorica .
A~c~rka's Folklar~co Q~an~ante Una >=i~sta jnalvida~Ee ~