HomeMy WebLinkAboutC2007-379 - 11/13/2007 - ApprovedPage 1 of
AGREEMENT BETI~UEEN
THE DiTY ~F DoRPtJ HRiTi
AND
~-SPADE
ARTS AND DL~~,TURA~. C~INiISioN
ART GRANT SUERECIPiENT AREEi~ENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
' reci ientA reer~ent "A regiment"} is made and entered into by and
Th~sArk grant dub p g ~ ~ . , ,i „
' of for us Christi a Texas home rule munioipal corporation ~ Doty },
bet~reen the City p a
' ~' I authorized fit Mana er or his designee ~"Dity Manager"}, and
acting through ~t s du y Y ~
ce ~ non- rofit cor oration organized under the fav~ of the state of Teas
K a p p
~"Recipient's}.
Di has aliocated 508 of general Fund revenue to enable Recipient
vIJH E RSA, t ~- .. ... „
activities described in E~chi~~t;~A" ~"El~g~ble Act~v~t~e }, a copy of
to perform those
vuhich is attached hereto and incorporated in this Agreement by reference;
' sires to encoura a end fund arts programs that prorr~ote the arts for
Il1lH~REA, qty de g
the benefit ofthe community;
i ient desires to rovide those Eligible Activities that pronnote the ~
vvH~REA, Rec ~ p ,
' f the communit as the sole or contributory r~eans of producing the arts
for the benefit o }~
' din E~h~bit "B" "Arks Program"}, copy of which is attached hereto
progrann describe ~
and incor crated herein this Agreement by reference; end,
p
' has determined that there exists a genuine need for Recipient's Arts
v1IHEREA, ~~ty
' i of for us Christi and v~rishes to encourage the production of
Program ~n the ty p
.. nt' Arts Pro ram throu h the funding of Recipient's ~iigibie Activities.
Rec~p~e g 0
Nv11 T~~REF~RE, Dity and Recipient agree as follo~rs:
' . The Di desires to ex end funds from the pity`s general Fund
ectEOn ~. Purpose ty P
fund arts ro rams roduced by non-profit, community-oriented
revs r~ u e to p g p
' ' icall those ro rams that serve to promote the arts far the benefit
organizations, specif y ~ g
of the comet u n ity.
e term of this A reerr~ent cornr~ences ~~~ of ,~anua , 2008, and
Section ~. Term. Th 0
terminates 81 ~t of December, 2008.
~0~7~379
11J13~0']
~ao~-xss
I~~pace
w~ti ~c~•DIR1JeannielLisa~A~mt-iC-Space•Grafitti.doc
Page 2 of 9
section onidertion.
' to a to Reci ientthe Burn of ~~ ~"rant"} out of revenugi
~~,~ 1t agregis p ~ p .
' r ral fund for usgi in accordance v~ith Section 4 belo~ 1n
from the qty gene
' fit be liable for an ar~ount in excess of the grant amount.
no event ~r111 Y
' n of said rantfunding, Recipient agrees to perform the
~B~ fn conslderat~o
follovuing;
. ' ~ that ere eli ible for funding in accordance ~vith section ~
{~ } those actNVit~e ~ .. « ~,.
ribed in the attached and incorporated ~xh~b~t ~ , arid,
belo~r and are deco
ctivities if an that are ineligible forfunding hereunder but ere
~~} th ose a ~ Y, ..
' ssential to the successful production of Recip1ent Arlo
~nherer~t ~n and e
m described in the attached and incorporated exhibit "B,"
P rog ra
.. ntfaii to full girform those activities referenced ire sections
~} should ~ec~p~e Y p
B ~ above this A regiment shall b subject to termination in
~~}~1 ~ end ~ ~~ ~ g
accordance vuith giction ~ belo~r~
' ' ivitie. Use of rantfunds by Recipient is limited to those
oct~on 4. ~I~g~i~ie Act
.. . , ' hat ~rithout exce Lion, meet both of the following requirements:
Ef~g~ble Act~vit~es t p
... escribed in the attached and incorporated E~chibit `~A", as
~1~1} those aotlVitles d
v d b the i throe h execution of this Agregiment; and,
reviev~ed and appro e y t]I g
~B~ those activities that involvgi:
en~ent romotion, improver~er~t, and application ofthe arts}
the encou rag , p
includin instrumental and vocal music, drama,
g
five writin architecture} design and allied fields, painting,
dance, folk art, urea g~
soul tore, photography, graphic and craft arts,
p
' radio television, tape and sound recording, and other arks
motion picturgi ~ . ~ ,
resentation erformance, execution, and cxh~bfticn of these
related to the p , p
major artforrns.
.. lel res onsibie for ensuring compliance pith each ofthe tvuo
Rec~p~enthall be so y p , .
` ' i l ~i a }oval and funding of Rec~p~ents proposed
requirements listed above. init a ty pP
tivities does not constitute lgigal validation of the activities.
ac
section ~. vmietion Rep~~t.
' ' must submit to the fit 's Director of Parrs and Recreation
~A} Rec~p~ent Y
~~ ietion re ork "Rgi ort" , a copy of Which is attached and
~~rector } a comp p { p ~
~ • ~ « ~, hart
' is A rgier~ent b reference as Eh~b~t , no laterthan t y
~noorporated into th g Y
terrriination of this A reement~ l~he Di~ect~~, or his designee,
~0} days following the ~
H:IL~G•D f RlJear~nielLisalAgm#-iC-Space-G ra~itti.d~c
Paggi~ofg
shall rgivie~vthis Rgiport to verify vuhetherthe rantfunding provided to Recipient
eras ant in accordancgi r~rith the rgiquiremgints in this Agregirngint. A f~ecipient wall
p .
not be eligible to apply for grant funds in the next calendar year~f that
1~eci r"ant faifs to u~rit its deport within thirty X30} days follo~vr'n fhe
+ + ~ r ~
terrr~inatior~ of this Agree-~entr ~h~s requ~re~rent u~~ll be strictly enforced. ~4ny
reco~rnrendation or indication by the pity that recipient may be eligible to
l for grant funds for the next calendarycar is contingent upon the timely
~p Y
submission of this fie ort; and Recipient shell be declared ineligible to apply
p
for grant funds for the next calendar year ~f I~ecfp~ent fails to timely meet thrs
re uirer~cnt. For all eligible Activities funded by the pity, the Report rust include
the follov~ing Arts Program criteria:
1 ~ v~rrittgin dgiscription of Recipient's r~arkgiting or adver#ising strategy;
~~
2} An estimate of the total Arts Program attendance; and,
A statement of Recipient's Arts Program revenues and e~cpenditurgis.
~}
B The i 's Di~ectar of Parks and Rgicration ~"~irectar"}, or hislher designee,
~ ~ tY . ,
shall rgivie this Report to verify ~rhgither the grant funding provided to Rec~p~ent
vas spent in accordance v~ith the requirements listed herein.
Reci lent shall at ail times during the terra of this Agreerngint, and for one ygiar
~~ p
thereafter, keep true, accurate, cor~plgite and auditable records, Recipient agrees,
u on recei t of reasonable notice, to permit Directorto audit or othgir~rise exam~ngi
p p
ail ertinent boons and records, for a period of ongi year follouving the termlrration of
,~ ~ ~
this Agreement, to dgiterrn~ngi the accuracy of Rec~p~ente Report.
Section ~. Di~rser~ent of funds.
A Reci ier~t a reel that payment by pity of grant funds, in accordancgi Frith
~ ~ ~ ~ ..
Section of this A regiment, is contingent upon Recipient's full campl~ance v~ith the
g
requirements contained hgirein.
B Should director determine, during the tern of this Agreer~ent, that
{} ,
Reci icnt's activities fail to comply pith the requirements contained herein Phis
A regiment, this A regiment shall bgi subject to termination in accordance v~ith
9
Section ~ ~ beio~v.
Section ~. ~1nex ended funde. l~pon termination of this Agreement, Recipient must
p
promptly refund to pity any une~cpended grant funds.
Scotian 8, Advertising. Recipient shall rgicogni~e the pity of corpus Christi a
contributor an all advgirkisgiments and publications regarding Recipient's Arts Program,
Reci lent must rovide ~i v~ith copies of ail Recipients sponsored advgirkising and
p p tY
promotional materials relatgid to Recipient's Arts Program,
H:1LEG•DIRIJea~niel~isalAgmt-K-space-G~afitti.d~c
Page ~ of 9
section ~. l~od~f~cations to Agreement. No alteration, changgi, or r~odifioation of the
terms of this A regiment orwaivgir of any provision will be valid unless rude in writing
9
end si ned h person authorized tv sign agreements on behalf of each party.
~ Y
Section ~~. Asi nment. This agreement ray not he, in whole or in part, assigned or
transferred directly or indirectly without the priorwr~tten consent ofthe ~~t.
Section ~'I. Relationship ~~ Parties. Nothing contained in this Agrgiement may be
dgiemgid or construed to creatgi a relationship of principal and agent, partnership, or~oint
venture It is ex ressl understood that neithgir thgi payment of funds by its to
~ Y ~*
Reci lent nor an other rov~s~on contained in th~sAgreement nor any act ar acts of the
' r ~ ~
artier hereto is deemed to create the relat~onsh~p of principal and agent, partnership,
p
or~oint venture
Section ~i~. Non-discrimination. Recipient shall not discriminatgi or permit
discrimination a ainst an person or group of persons, as to employment and in the
g Y
rovision of services, activities, and programs, on thgi grounds of rave, religion, national
p
on in sex disabilit , or a e, or in any manner proh~bitgid by the laws of the United
g ~ Y g
States or the State of Texas. director retains the right to take ot~on as the United
Statgi ma directto enforce this non-discrimination covenant. Violation ofthis covenant
will result in the immediate tgirr~ination of this Agreement.
Section ~ 3. lnder~r~i~y. ~o fhe ex~err~ allowed by Texas Law, Recipierr~,
f`l~der~r~i~vr" hereb fall a revs ~o i~demrrify, save acrd Mold harness the ray
~ y e r
o~ for hris~i ids officers, employees, repreen~at~ve, l~cerrsees, aid rr~v~~ees
p
~`l~errl~ air~s# are ar~d all liahili#y, damage, loss, cla~rrrs, demands acrd
( ~ g Y .. .
ac~ior~s of an r~at~re whatsoever orr acco~~~ of personal ~~r}urfe ~no1[~d~rrg,
]~
wi~ho~~ li~r""#a~ion ors fhe forego~~g, ~rorkers' comperrsat~on ar~d death cla~-n, or
roe loss or lama a of ar~y ki~rd whatsoever, which arise out of or are rrr any
~ ~ ~
r~arrner corrnec~ed with, or caused ~y, or arc claimed #o arise opt of, are clafined
~~ ~e in arr ma~rrer cor~rrec#ed with, or are clai-~ed to be car~sed by, either
Y
roxir~a~el or rernotel~, wholly or r`n par#, an act or omfssrorr, ~eltgence or
f
~lscorrd[~c~ b lnder~rritees or ar~y of ~frem{ by lndem~rtor, or arry of lr~derr~~ors
Y
a eels servants, m loyees, core#ractors, patr~rrs, guess, ltcerrees, or ~nv~tees
~ ~ p ..
artici a~'1~? ire or observing lr~der~rritor~s Arts Arogratn; or when any said ~r~}ury
or ds~rra a is the resul~~ proximate or remofe, of the v~olalror~ bar lr~demnt~ees or
are ~~~herrr ~ ~nderrrni~or, ora~y o~'lnde~nrr~~orfs ager~~s, servar~~, er~plo~ees,
Y ~ ~ •
corr~rac~ors a~rorrs, guess, licensees, or~r~v~tees ofany law, ord~narrce, or
ap + ,
overnr~er~~al order of an kind, or when said trr}ury or dara~e nay ~r~ any other
~ ~
wa arise o~~ of the exercise of rights or the perforrrrr~ce of obligations created
Y
b y phis Aree~ner~~.
~'he tears of i~rder~~rificafior~ are effective uvl~ether said in}pry or darn~ge results
frog the sole rre li erne, co~fributory rregli~errce, or the corrcurrer~t neliger~ce
~~
of lr~derrrrritees or arr~r of ~he~r.
H:1L~G-DIR1Jeanniell.isalA~mt-K-space-Grafitti.d~c
Page ~ of ~
' o~vn ex erne ~nvs#f ~~ a!f cfairs and demands, attend
lnder~n~~r mush, ~~ ifs p
' lerrren~ or other dis osrtfon, defend al! actions based ~~ereon ~-~h
to f~err eit ~
' coo ~o ~ndemni~ees and ey a1~ cheres of attorneys and alf
co~rnse~sattsfa ry ~ ~
nd e~ enses of an kind on accorrt o~ said ~iabi~i~y, damage, loss
ot~rer costs a ~ Y
clafrns, demands, or actr`ons~
Section 1d~. ots~
fiance with the terns in this Agreement ray result in the termination
~A} Noncomp
isA regiment and re ossession of Grant funds disbursed in accordance
of th g p
therewith.
if the Ci undertal~es le al action to enforce compliance or collgict damages
from noncom fiance, Rec~pien# will pay all itys court costs and
resulting p
ex enses, including reasonable attorneys' fees.
p
Section 1~. ~errr~inatiorr.
he ~i# ma terminate this Agreementforone or rnorgi of the follovuing
~~~ ~ Y y
reasons:
e i# rya irnr~ediatel terminate this Agreement if Recipientviolates
~~ ~ Th Y ~ ~
Sections ~ 2 or 1 g of this Agreement.
I€ Reci lent fails to substantially perform those activities described in
' • " '~ Ali ible Activities, or those activities described in Exh~b~t B ,Arts
rarr~ in accordance with Section ~ herein, Director, in his sole discretion,
P rug
terminate this A rgiemer~t upon thirty {D} days v~ritten notice and require
may ~
.. o reimburse tl~e i all Grant funds awardgid; howevgir, if Recipient
Recip~en# t #Y . .
' c#or a ree ors a modification to the requirements described ~n ~xh~bit
and D~ re
~~ " xhibi# "B" ar both and a written modification is executed incompliance
A,~ a
with Section g, then this provision will be suspended.
funds shall onl be used to fund Eligible Activities, as described in
~~ Grant y
i n 4. if Director in his sole discretion, deterrrrines that Grant funds sere
Sect o
fund activities other than those qualifying as eligible Activities, Director
used to
ma re uire the re a ment of any or all of the Grant funds. If Director
y q pY .
' s that Grant funds sere knowingly or ~ntent~onally used to fund
deterrr~ine
' ' ' ' ~ ies Director ma re wire repayment of ail Grand funds awarded
~ngil~g~ble activ~t Y q
d ma terminate this A regiment upon fourteen ~~ ~} days wr~ttgin notice,
n y g
' ' ma terrninatgi this A reer~ent without cause upon thirky {3g}days
~~} Rec~p~ent y ~
the i . If Reci lent chooses to exercise this option, Recipient
written notice to # p , . , , ,
Grant funds awarded, ~rhether expended on ~I~g~ble Activlt~gis or not.
must repay all
' bill . If an term or rovision of this Agreement or the application
See#~on ~~. Severs t y P
r circumstance is to an extent, unenforceable, ~nval~d, or illegal
hereof to any person o ~ Y .
w then the remainder of this Agreenent, or the application of
under present or future la ,
H:11_EG-~ i~lJeannielLisalA~mt-I(-pace-~rafitti.do~
Page of
rrn or rovisior to ersons or circumstances other than those as to vuhich if is held
the to p p , .
unenforceable, invalid, or illegal, uvill not be affected thereby; and ~ term or provision,
similar in nature to said unenforceable, invalid, or illegal term or provision, end as may
be ossible and be le !, valid, and enforceable uvill be added to this Agreement
p g
automatically.
section 1T. Force ~i'eure. It i understood and agreed that, v~ith respectto any
i ~ ~
bli ations or covenants but rat including the ~ar~p~et~or~ Report required by
d utaes, a g ~ .
ion ~ to be erforrr~ed or consideration to be provided by ether party during the
sect } p
term of this A regiment the art so obligated sha11, in no event, be liable for failure to
a p Y
rm ~rhen reverted from loin so by any cause beyond the reasonable control of
perry p g
said art includin uvithout limitation, strike, lockout, breakdo~rn, accident, order or
p Y g~ ..
re elation of an overnmental authority, or failure of supply, or ~nab~iityr by the exercise
g Yg
of reasonable dili ence to obtain supplies, parts or employees necessary to furnish
g a
i es or because of gar natural disaster, or other emergency, The time vuhen said
servo
i ation or covenant must be erformed or said consideration must be provided
duty, obi g p .
~vill be extended fora period of time equivalentto the delay forsaid cause.
section '1 . No#ice.
ll notices demands re nests, or replies provided for or permitted, underthis
~A~ A ~ q
regiment b either art must be it ~rritirg and must be delivered by one of the
Ag ~ y p ]~
follovuin methods: ~ b ersoral delivery; ~~} by deposit ~u~th the Ur~ted states
g ~ ~ ]~ p
Postal service as certified or registered mail, return receipt requested, postage
re aid b re aid te[e ram; ~~} by deposit Frith ar overnight express delivery
p p ~~~ yp p g
service for ~rhich service has been prepaid; or, ~} by fax transmission. Notice
a
sited Frith the United states Postal service in the manner described above vuill
depo . .
be deemed effective tvv~ ~2~ business days after deposit u~r~th the United states
Postal service. Notice b tele ram or overnight express delivery service in the
Y g
manner described above gill be deemed effective one ~~}business day after
r nsmision to the te[e ra h company or overnight express carrier. Notice by fax
to 9 p .~
v~i[l be deemed effective upon transmission v~ith proof of delivery to the rece~v~ng
art .All such comrnuricationsmest only be merle to the follor~irg:
P Y
1F To QTY:
City of Corpus Christi
Attn: Director of Park Recreation
~, . fox 977
Corpus Christi, T~ 184g~g2~~'
H:1L~C-I~i Rl,~e~nr~iel~.i salAgmt-fit-Space-G rafitti,doc
Page ~ of 9
IF T~ R~IPlEIVT:
~- ace
llllichelle m he Director
P.~. fox 54~
or~us Christi, Texas 7803 -
Y~ Y~ f ~~ Y Y Y
ma than ~ the address to which notice i sent by using a method
~B} Either party y 9
ve~ Reci ientwill noti ~t of an address change within thirty ~g}days
set out abo p fY ]~
after the address is changed.
' lance w~fh Laws. Reci lent shall observe and obey all applicable
ect~on ~~. ompi p
ordinances re uletiens and rules of thgi Federal, state, bounty and Dity govern
laws, ~ 9
` rnent is sub~gictto ~ licable provisions of the Dity Dharter and the
meats, Th~sAgree 1 pp
pity bode of ordinances.
' Vlla~ve~s. The failure ofeither party to complain of any act oromission on
Section ~~~
he other a~ no matter how long the same may continue, gill not be
the port oft p Y~
' b said art of an of its ri hts hereunder No waiver of any covenant
deemed a waver y p y Y g
. ~ f the breach of an covenant or condition of this Agrgier~ent by either
or condition ore Y
gins or im lied wil! constitute a waiver of any subsequent breach
party at any time, ex~r p
of the covenant or condition and shall no#~ustify or authorise the nonobservance on any
' he same or an other covenant or condition hereof,lf any action by
other occasion o~ t Y .
the Reci Tent requires the consent or approval of the pity on one occasion, any
p
on said occasion will not be deemed a consent or approval of
consent or approve! given
other action at an other occasion. Any Waiver or indulgence of
the same or any ]~
.. t' default of an roviion of this Agreement wil! not be considered an
Recipien Yp .. . ,
ainst the ~t . It is gix resly understood that ~f at any time Recipient ~ ~n
estoppel ag Y P
onditions or covenants hereunder, the failure on the part of the pity
default ~n any of its c
veil itself of the ri hts and remedies that the pity may have will not be
to p rom ptly a g
' ` r b the fit i but the i may at any time avail itself of those rights
considered a waive y y, tY
r medies or electto terminate thisAgreen~ent on account of the dgifau~t.
or e
' iauae. This A regiment and all exhibits attached hereto contain
Sec~~on ~~ . ~nt~~ety g
irgi and onl a reernent between the parties regarding the subject ratter
the eat }~ g ,
` ~ nd no oral statements or representations or prior written matter not
described herein, a
contained in Phis Agreement gill have any force and effect.
' t~~ns. Theca Lions in this Agreement ere for convenience only, are
ect~on ~~. dap p
is A regiment and ~o not in any way limit or amplify the terms and
not a part of th g
provisions of this Agreement.
H ~ILE~-D IR1Jeanrtiel~isalAgmt-K•S pace-G raft#i.doc
Page8of9
TES I~f ~l~P~~AT~, each of Which ~vi~i be coni~ere~ an original, an the
~E~
day of I ~~7.
CITY ~~RP~ CHR~T!
ATTEST,
rrna~do Chi a Cit secretary eor ~ K. Noe, City tanager
~~ Y
'~ X047
APP~~IIED. a
..
Lisa Ag u~la
Aitan~ City Attorney
For City Attorney
p~ ~~
J~UTHp~~,~~~
~. ~.
~~~ ~, ,~ ;
r •~aarr,~~~~a~a~K~~~t.
~~~"~~~A Q~'
STATE OF TEXAS §
C~UNTYF NUEE F
' ~ rnent vas akno~r~ed ~~ before me on , X007 by
This ~natr~ g
~ K. Noe Cit N1ana er ofthe City o~ Corpus Christi, ~ ~"exas home rule
Georg Y ~
r~uni ipel corporation r~ behalf of said ~orporatian,
N ota Public, state of Texas
Prir~te~ Name
Cor~misior~ Expires:
~•x~ F~;-n~R1.l~~nnie~~is~lAamt-K-S~a~e-Grafitti.doc
Page a~ ~
FAR ~EC~PIENT:
~:
STATE ~F TEA
~~Uh~TY~F NUE~
re me ~n ~~D~7, b}~
Thy instr~m~r~t was ~kno~rle~ge~ b~~v
Iich~lle rr~ythe, director, an au~hori~ed ~pre~entativ ~f f~~~ac~.
a Puhlio, tote of Toxa~
* ; ~ ; ~Y C~mm~ssi~ ~
Prlnt~~ ~~n'le ~~.;~~~~~~~~}~~ Nav~r~ber ~4, ~0~~
~rrl +i~~~r~,-~
~arnmiivn ~~plre~~ ~-
W~1~EG•QiRI,] eannielLisalA~mt-K-~ paCe-~rafitti.da~
in the foliowin s aye, piease write what ~~~ wvu~d #ike the Ards and Cuiturai Commission to know about
our Proposed Project the project for which you are requesting funding}. Although brevity ~s valued, ciarity
Y
and completeness are essential) This description wiil be a r~ajor component utilised during the review
process.
Graf#iti in Corpus Christi has become increasingly problematic. Repofts on graffiti appear regulariy ire
our locafi news media. Gne strategy to curb this illegal activity is to involve young graffiti writers in
le al raffiti projects. This ap proach acknowledges the positive aspects of graffiti artistic e~cpression,
g g
talent, dedication and disciplined while aiso aft~ti writers about the consequences of
this crime, "The Graffiti Project" wiil provide programming uc as this to help alleviate graffiti
problems in Corpus Christi and to steer offenders in a more constructive direction.
"The Graffiti Project' will _ ' ~ riters on the subject, teach painting techniques, and
allow participants freedom, space and tine to create a fuily realized artv~rork. The Graffiti Project" will
resent faun, tuitia~n-free Graffiti vVvrkhops for young artists gaged ~4-24}and culmFnate with a graffiti
p ..
art exhibition end comaunity event at ~ Space Conter~porary. V~orkhops will be fac~l~tated by Lisa
Rarnire~, .Participants will learn
the dififerenc . _- - --- - its c~nsequenceslcriminal charges and dangers, how to
seek errniion from a building owner, and about graffiti as a legitimate form of fine art. v~lork
p .
created during and after the Workshops vuill be intailed at I'G Space Contemparary, fudged, and
awarded prizes.
Collaborating organizations, The Progrssi~re Center and Antonio E. Garcia Arts and Education
errterx will also host workshops.. v11e foresee The Graffiti Project" becoming are annual event
growing in community participation each year and drawing interest from around the state'
~ ~ ! ~~, ~,' ~~~, j ~ Space Contemporary ~-}t~;~~~ty:~~ ~-}~i,~, ~~;~~~~~~. Thy raft! ~rO~eCt t~