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Home My WebLink AboutC2007-381 - 11/13/2007 - ApprovedPaged ofg AREE~IENT ~ETI~VEEN THE iT~ ~F CORPUS HR~T! AND FiHTl~iO TO RlD GANGS ARTS AND DU~TURAL G~M~IIS~ON ART GRANT SiJBREG~PlENT AGREEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § . , "A reement„ is made and entered into by and rt Orant Suf~recl «nt Agreement { ~ ~ , . „ . ~, ThisA p r oration Nt ' ~ exas Name rule municipal cop ~ Y ~~ between the City of vrpus hrit~, ~ T « . na er or his des nee { City ~iana~er }, and actin throe h ~t duly authar~red City ~- 9 ~ ~ under the laves of the state of ' ' o did Gan s ~ non-prafat carportian argan~~ed Fi ht~n t Texas ~"Reci~~ent"}~ ~ a of General Fund revenue to enahie Reoi~er~t vuHEI~EAS, pity has allocated 7 OD , . i~ . • , . , „ ' ~ ' in Exhibit ~~~,~~ El~g~ble Aotiv~tios ~, a copy of rform thane act~vit~es described ~ to pe reto and incur orated in thisAgreement by reference; ~rh~ch is attached he p • • nd fund arts ro rams that promote the arts far UVHER~AS, G~tydes~restoencourae a R ~ the benefit of the community; • ~ ovide those Ali ible Activities that promote the arts v1~H~R~AS, Rec~p~er~t desires to pr 9 ' sole orcontributary means of producing the arts far the ~~neflt of the communlty ~ ~~ , . • ii #~ ~t r~ Pro ram" , a copy of which ~s attached hereto r m described ~n Exhibit B { A ~ ~ prag a ' anted herein this Agreement by reference; and, and ~ncorp ~ tthere exists a enuine need far Rec~p~ent's Arts vUHEREAS, qty has determined tha ~ . 'sti and wishes to encaurage the production of Program ~n the City of corpus hri .. , . . • r rau h the fund~n of Recipient ~I~~bie Act~v~tles~ Rec~p~ents Arts Program th g 9 HEREFORE ~ and Recipient agree asfoilos: N Ovl~, T ~ tll ' ex end funds from the City' General Fund ct~o~ ~ . Purpose. The City desires to p • roduced b nonypraf~t, cornmun~ty-oriented revenue to fund arts programs p Y ~t .. that serve to smote the arts far the bene~ or an~~at~on, spec~flcally thane programs p g of the community. ' ement camrnences ~ ~~ oi: Janua , ~Dg, and Sect~~n ~. Terra. The term of this Afire terminates 1~ of De~r~br, 20D8. ~~~~-V ~~ ~~~ ~~~~ ~~~~ ~~~ ~1~1t1I1 t0 ~~~ ~Il~ ~~~f ~r;-r~lRl~ear~nielLisalA~mt-FightingtaRidGangs.doc Page of ectior~ ~. onide~ation, A fit a reel to pay to Recipient the Burn of 7,0~~ ~{`rant"} out of revenue ~~ Yg from the Dit ' general Fund for use in accordance uv~th section 4 beloF In Y no overt gill Dity be liable for an amount in excess of the ~~~~ amount. B Inconsideration of said grant funding, Recipient agrees to perform the ~~ follou~ing: 1 those activities that are eligible for funding in accordance v~rith ction ~ ~~ belov~ and are described in the attached and incorporated exhibit "~4"; and, +/l/yI~L/y/1 those activities, if any, that are ineligible for funding hereunder but are • / ~ * f inherent in and essential to the successful production of Rec~p~ent' Arts Pro ram described in the attached and incorporated Exhibit "B." {C) Should Recipient fail to fully perform those activities referenced in Sections 3(B)(1 }and 3{B)(2} above, this Agreement shall be subject to termination in accordance with Section 15 below. section 4. Eli ible ~4ctivities. ~1se of rntfund by Recipient is limited to those Eli ible Activities that, Without exception, meet both of the follov~ing requirements: g A those activities described in the attached and incorporated exhibit "A", as ~~ reviev~red and a roved bythe itythrough execution ofthisAgreement~ and, pp ~B} those activities that involve: the encouragerr~ent, prornotion, improvement, and application of the arts, including instrumental and vocal musics drama, dance folk art, creative uvriting, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion ictures, radio, teievision, tape and sound recording, and other arts p . . related to the resentation~ perforr~ance, execution, and exhibition of these p rna}or~rtforr~s. Reci ientshall be solel responsible forensuring compliance uvith each ofthe t~vo p ]~ .. , re uiremonts listed above. Initial ~~ty approval and funding of Rec~p~ent proposed i ~ ~ activities does not constitute legal va4idation of the act~vit~es~ Section ~. omplefiion Report A Reoi lent rust submit to the pity's Director of Parks and Recreation ~~ p "Director" a completion report ~"Report"}, a copy of vuhich ~ attached and ij ~! incorr~}y~'orated into this A regiment by reference as E~h~bit , na later than thirty i . ; ~ ~ i ~o da s fo~lo~uing the termir~atlon ofthts Agreement. The director, or his designee, ~ ~ y H:1L ~G-QIR1JeannielLisa~Agmt-Figl~tingtoRid~angs.doC Page of ~ snail review this Report to verify whether the Grant funding provided to Recipient was ent in accordance with the requirements in this Agreer~ent. ~4 Rerpfen# wi11 p riot ~e elrr'ble ~o apply for rare funds ~n the next calendar year ~f that Rect ie~~ falls #~ u~r~if its Report r~~rlrr ~hlr~y {3~} al~ay foflo~vir~g #e terrnrr~a~~on of #h~s Agree-er~t: T~~ re~u~re~ren~ ~ufll be strfctly errforce~~ Arry recoerra~ron or irrdica~ron ~y the Cray ~ha~ Recr"prer~t ey ~e eligible ~o a I for ran# furral~ for fire next celerralrar year is corrtrr~err~ t~porr tyre #ir~ely p Y . . ubrrri~sion of ~fri Report; sad 14ecipien~ fall be declared ~nel{g~bfe to apply for rarr~ fu~r~ for the -text calendar year if f~ecipier~~ fails to Timely nree~ this re iremer~t. for all eligible Activities funded b~ the City, the Report must include the following Arty Program criteria: ~1} A written description of Recipient's rr~arketing or advertising strategy; ~} An estimate of the fatal Arts Program attendance; and, ~~} A statement of Recipient's Arts Program revenues and expenditure. ~ The City's Director of Parks and Recreation ~"director}'~, or hislher designee, ~ ~ .. shall reviewthis Report to verify whethrthe Grant funding provided to Rec~p~ent vua spent in accordance with the requirements listed herein. ~ Recipient shall at all times during the terra of this Agreement, and for one year ~~ thereafter, keep true, accurate, complete and auditable records. Recipient agrees, u on revel t of reasonable native, to perrrrit Director to audit or othen~rise examine p p ell eminent books and records, for a period of one year following the termination of .p this Agreement, to determine the accuracy of Rec~p~ent s Report. section ~, Disbursement of funs. A Reci ientagrees that payment by City of Grantfunds, in accordance with ~~ P ,. Section of this Agreement, is contingent upon Rec~p~ent's full ccrnpliance with the requirements contained herein. ~B} Should Director determine, during the tern of this Agreement, that Reci Tent's activities fail to comply with the requirements contained herein Phis i 1 ~ i A r~ement, this Agreement shall be subject to termination in accordance with g Section ~ below. ectiv~ ~. Unexpended funds. Upon termination of this Agreement, Recipient must pran~ptly refund to City any unexpended Grant funds. Section 8. Advertising. Recipient shall recognise the pity of corpus Christi as contributor an all advertisements and puhiication regarding Recipient's Arts Program. Reci lent must rovide Dity witl~t copies of all Recipients sponsored advertising end p ~ promotional materials related to Recipient's Arts Program. H;ILEG-D iRlJeanni~lLisalAgmt-Fighti~rgtaRidGangs.do~ Page 4 of 9 ' ' ' reer~e~t. No alteration, change, or modification of the ec~ivn ~. Nlcdif~cat~o~ to A . . ' nt or vwraive~ of an rovisian ~il~ be valid unless made in vur~t~n terms of this Agreeme ~ p ' erson authorised to si n agreements an behalf of each party. and sag ned by a p g ' his A reen~ent ma not be, in ~rhole or in part, assigned ar ect~on ~D. Aeinmen~. ~ g Y '~ ctl ar indirectl uvithoutthe prior v~rritten consent of the pity. transferred d~ ~ ]~ ' of Pardee. Nothin contained in this Agreement may be ct~a~ ~~. Reiatlonh~p 9 a relatianshi of rincipal and agent, partnership, o~ jaunt deer~ed or canst~ued to create p p ' ess! understood that neither the payr~ent o~ funds by City to venture. It is expr y he . ' ' n contained in this A regiment nor any act or acts of t Recipient nor any other prov~s~o g create the reiationshi of principal end agent, partnership, parties hereto is deemed tv p or joint venture. ' - isorir~irtation. Rec~ ~et~t sha11 not discrirr~inate or permit Sect~vn ~~~ Non ~ ~ F ~ ~ e~son or rou of Bran, as to employment and ~n the d~scr~mination against any p g p p .. . i ' ' i nd ro rams an the rounds of race, religion, nat~ana! prov~s~an of services, act~v~t~es, a p g ~ g .. • ' e or in an manner rohibited by the legs of the United origin, sex, d~sab~1lty, or a ]~ p . as. ~~recto~ retains the right to take act~an as the United States ar the State of ~'ex non~discriminatian covenant. 1lialation of this covenant States may direct to enforce this gill result in the immediate termination ofthis Agreement. ' ernni . Ta ~~re ex~en~ allowed b y texas haw, I4eciplen~, . Section ~. lnd ty ~~ ~~ a Tees to inderr~ni ,save and ~r~ld ~rarles the ~#y lnernn~~or #~ereby fully ~ ~ ~ ' " " `cers ern to ees re resenfa~~~res, licensees, and fnv~~ees of Corps l~rrsft, r~s ofiFi , p y ~ ~ ~~ ~~ nd all liabili darns ~, loss, claims, demands and lr~dern,nf~ees } aga~ns~ any ~ tY~ ~ ~ •• • • wlra~oever on account of personal ~n~urtes ~rtcld~r~g, actions of any na#ure ' n ~lre fore oin workers' cvn~~ena~~on and dea~#r clams, or wf ~`~?O~J~` lfm~~atror~ ~ da~ra ~ of an kind whatsoever, whrclr arise oof ~~ or are -~* any roper~y loss or ~ Y ed ' r ceased b or are claimed ~o arise out of ,are cla~n~ irranrrer connected with, o f rconnec~ed wi#h or are claimed to be caused bye etcher fo b in any anne re~rofel wholl or in park, err ac# or omrssr`on, negligence or proxin~a#ely or Y, ]~ ` ar's i~ees or an of ~herrr, by lnder~ni~vr, or any of lndmr~~~ mrcor~dct by lndeinrr y to ees con~rao~ors, aprons, g~les~s, licensees, or ~nvt~ees agents, servants, gimp y . . .. er~rin lndernni#or's Ards Program; or when any said injury parl~cipa~~n fn, Of ~~J ' ~~ raxt~ate or rerarro~e, of #lre violation by lndemni~ees or or damage is tyre resu ~ ~ i~ar or an of frlenior' agents, servants, e~n~loyee, any 0~ ~'~1er11, y lnden7n f r ~ ~ R aprons ue~s ~rCensees, or ~nv~~ee of any law, ordnance, or con~rac#ors, p , ~ ~ .. offer verr~rne~tal order of an kind, or when said err}~r~r ~r r~arnae rna y ~n an y ~ Y reaped ' of of flee exercise of ri hf or flee pe~`orrr~ance of obl~gal~ons c way arse ~ ~ by fl~~s -4gree~nenf. ' ' ~ n are effective whefl~ersaid r'njury or damage results T'he ferrns of ~ndernnif~ca~~o . e con~ribufo ne li erne, or the concurrent neglrgence franc the sole negl~ger~c , ry g of lndernnifees or any of fherr~. H~ILEG•DIRIJeanniel~iS~lA~mt-~ig~tingtoRidGangs.doC Page 5 of ~ ' ~ u# ~# i# owe ear srrse, ir~ves#lga# all ciair~s arr~ ~fe~narr~ls, a##errd frrder~f#o ~ ' #~le~nerr# or' ~#f~e~ din osf#ior~~ afefr~~ ill ac#rons ~ase~ ~hereo-~ w~#~ #o #hs~r se p 1 sa#isfac#~ #~ l~~err~i#ees, acrd ~a~ a1i charges of at#orrreys ar~~ al! co~rrse ~y .. os#s and ex eases of err kind ors accourr# of said l~ab~ll#y, ~aa~e, loss, o#irer c p Y claims cfe~rar~ds, or ac#for~s. section ~ 4. Costs. ncom liance pith the terns in this Agreement ray result in the termination ~~~ Na ~ F ofthisA regiment and re assession of rantfunds disbursed ~n accordance g p therevuith. B lfthe Ci undertakes legal action to enforce compliance or collect damages ~ ~ tY , resultin from nanca~r fiance, Recipient gill pay all City court costs and g p expenses, including reasonahie attorneys' fees. section ~ ~. Termination. A The DF ma terminate this ~greer~entfar one or mare afthefallovuin ~ } t]I Y reasons; ~ The Cit ma immediately terminate this Agreement if Recipient violates ~~ Y Y sections ~2 or 19 of this Agreement. ~ if Reci ient faiis to substantially perforr~ thane activities described in ii !~ ~ibit "A" Ali ible Activities, or those act~v~ties described in x~ribit B ,Arts ~x g . Pro ram in accordance vuith section ~ herein, Director, in his sole discretion, g , ma terminatethis A regiment upon thirty ~3g}days ~uritten native and require . ^ ~ i feat to reimburse the Ci ali grant funds a~rarded; ho~vever, if Rec~p~ent Rev p tY irector a ree are a modification to the requirements described in E~chibit and ~ g ~~A" ~~hibit "~" ar bath, and a uwrritten modification ~ executed in campl~ance a a uvith section g, then this provision i11 be suspended. rantfunds shall onl be used to fund Eligible Activities, as described in F section 4~ If Director, in his sole discretion, determines that grant funds ~rere sed to fund activities other than thane qualifying a eligible Activities, Director u rna re wire the re rnent of any ar all of the rantfunds, if Director y ~ py deterrninesthat grant funds ~rere kno~ringly or intentionally used to fund . . ~ ctivities Director ma re uira repayment of all brand funds avuarded ~nel~g~ble a y q and ma terminate this A regiment upon fourteen ~~4}days ~rr~tten native. Y 9 eci Tent ma terminate this Agreementvuithout cause upon thirty ~a}days ' notice to the Cit . if Reci Tent chooses to exercise this opt~an, Rec~p~ent rxtten p , . ... all Grant funds avuarded, uvhether expended on ~lig~ble Act~vit~es or not. must repay ' everabiii . If an terra ar revision of this Agreer~ent orthe application eot~ a n 1 ~. ]~ p rson ar circumstance is, to any extent, unenforceable, invalid, or illegal hereof to any pe tore lave then the remainder of this Agreement, arthe application of under present orfu , H:1[.EG-~IR1Jeanniel~~salAgmt-~~g~#ingtoRidGan~s.doc Page of 9 ' ~ ersons or circumstances otherthanthose a to which it i held the tern or prov~s~on to p le invalid or ills al will not be affected thereby; and ~ terra or provision, as unenforceab 9 , ' r in nature to said unenforceable, invalid, or illegal term or provision, and a may sim~la ossible and be le al valid, and enforceable will be added to this Agreement be p 9 automatically. ect~on ~ T, Force N~a'e~re. It is understood and agreed that, with respect to any i n or covenants but not including the Completion Report required by dunes, obl~gat o { erformed or eerrsideration to be provided by either parley during the ect~on ~} to be p . ' reemer~t the art so obli aced shall, in fro event, be liable forfa~lure to term of this Ag p y 9 from loin sob an cause beyond the reasonable control of perform when prevented g y ]~ includin without limitation, strike, lockout, breakdown, accident, order or said pa~Y ~, i n ofan overnmental authority, orfailure of supply, or inability, bythe exere1se regulato yg ill ence to obtain su lies, arts or employees necessary to furnish of reasonable d g pp ~ ` e of war natural disaster, or other emergency. ~Che tine when said sef`Iflces, or beCaUS ` ~ Want must be erformed or said consideration must be provided duty, obl~gat~on or cove p vuill be extended fora eriod of tine equivalent to the delay far said cause. p ect~on ~8, ~Votlce. ' s demands re assts, or replies provided for or permitted, under this ~A} All notice , a ~ b either ark must be in writing and must be delivered by one of the Agreement, y p y win methods: ~ b eronal delivery; ~~} by deposit with the United states folio g ~ } Y p stal Service a cerkified or re istered mail, return receipt requested, postage Po g , b re aid tele ram; 4 b deposit with an overnight express delivery prepaid, ~~ ]~ p p 9 ~ ~ y . ' forwhich service bas been repaid; or, ~~} by fax transmission. Notice service, p ~ . ' United States Postal Service in the manner described above w~11 deposited with the med effective two ~ business days after deposit with the United States b des ~ ~ . rvice. Notice b tele ram ar overnight express delivery service in the Postal Se y g r described above will be deemed effective one ~~ } business day after manne ' o the tele ra h corn an or overnight express carrier Notice byfax trnsm~s~on t g p p y .. will be deemed effective u on transmission with proof of delivery to the rece~v~ng ark ,All such communications must only be made to the following: p Y lF T~ C~TYt City of Corpus Christi Attn: Director of Park Recreation P. ~~ Box ~1~ corpus Christi, ~}C X84-g~~7 ~3~ ~ } 880-4~ ~ H~1LEG-D~RIJeanr~ielLisalAgmt-high#ingtoRidGangs.dac gage 7 of iF ~'~ ~~CiPIEN3: Fi htin to Rid fan Sate Rodri uez director ~ ~ ~ ~ Mary street Cor us Christi Texas ~840~ ~~~ ASS-~~~ B dither art ray change the address to which notice is sent by using a r~ethod ~~ p y set out abo~r. Re~fpientwil! notify City of an address change Within thirty ~3~}days after the address is changed. ectior~ ~ . Com fiance vuit~ l..ar~~rs. Reoi~ient shall observe and obey ali applicable p laws, ordinances, regulations and rules of the Federal, State, County and City govern- ments. This A reement is subject to applicable provisions of the City charter and the g pity Code of ordinances. eotion ~~. waivers The failure of either party to complain of any act or omission on the ark of the other party, no matter how long the sane may continue, will not be P deemed a v~raiver b said party of any of its rights hereunder. No waiver of any covenant y or condition or of the breach of any covenant or condition of this Agreement by either ark at an tine, e~c ress or implied, iii constitute a waiver of any subsequent breach p Y Y p of the covenantorcondition and shall not justify or authorize the nonobservance on any ether occasion of the same yr any other covenant or condition hereof ~ if any action by the Reci Sent requires the consent or approval of the City on one occasion, any consent or a royal iven on said occasion uvill oat be deemed a consent or approval of ~~ g the same or an other action at any other occasion. Anywaiver or indulgence of y Reci Tent's default of any provision of this Agreer~entw~ll not be considered an P .. , esto el a aintthe City. It i expressly understood that ~f at any time ~ec~pient is ~n pp ~ default in an of its conditions or covenants hereunder, the failure on the part of the City Y to rom t! avail itself of the rights and remedies that the qty may have will not be p ~y considered a waiver b the City; but the City may at any time avail itself of those rights Y or remedies or elect to terminate this Agreer~ent on account of the default. section ~~! . ~ntEre Clause. This Agreement and al! exhibits attached hereto contain the entire and only agreement between the parties regarding the subject matter described herein; and no oral statements or representations or priorwritten matter not contained in this Agreementwi!! have any force and effect. section Z~. Ca tuns. The captions in this Agreer~ent are for convenience only, are i not a ark ofthi A regiment, and da not in anyway limit or arnpl~fy the terms and p g provisions of this Agreement. H:ILEG-p IR1~~annie~Lis~lAgmt-Figh#ingt~RidGan~s,~oc Page~of9 E~CE TED N DI~PL~AT~, each of which gill be considered an original, ors the` day of , ~~~~, ATTEST: ETY ~ OR~U HAITI Armando ~ba ~ fit ecretary George ~. Noe, ity Manager ~ , ]~ APPROVED: N~ ~ , 2~a7 a~.it/YG Lisa Aguilar Assistant City Attorney For City Attorney ~~ ~~~T-~ STATE OF TEXAS § oUNTYOF ~V~JEE -~~.. . ~~ ~ ~ 7 b This ~nstrur~ent~vas ac~cnoledged before me on , 2~~ Y eor e ~C. Noe fit Mama er of the icy of orpu Christi, a Te~cas home rule a Y mun~ ~pai corpatio ors behalf of sa;~ corporation. Notary Public, state of Texas ,,~„~~~,+ ~~~~ • * • • S! ~ ~ ~ 1 i • ~ ; +~ 111ii4`~t Panted Name ommisiorr ~xpires~ H:I~.EG •~ IRIJeannielLisalA~m#-~~ghtin~t~Ridangs.d~c Page ~ ~~ ~ FAR R~I~~~NT: B, date Rad rig uez, ~ireet~r TATS F TE~CA ~UNTY~F NUDE tr~rnent eras a~knov~rled ed he~ore me on ~~~, by Cate Thy ~n g Rodri ue~, Director, an authorised repreentati~r~ of Fighting to Rid angF g ry Public, State of Texas Printed Name ammiion ~x~ires; ,~~~~~~;~,,~ JEAN~i~ NOELA ~~ ~ ,~, ~ + Notary pu~~ic, Sate of Texas ~~I I II { Fl3~~~~ ~ft~71G+7 ~ T yR ~J~t anti ~ +~i~+ H:ILEG-aIRl~aannielLisalAgmt-i=i~htingtoRidGangs.d~c ~r~1N~r ~#~~St1011 ~'~ ~ D11 ~f'1lS pag8 QC1~]~. In the foiioWln ace, please WrMte What ~~ would ll~ce the Arts and ~ulturai ornmiss~on t0 knoW about our Proposed Project the project far Which you are requesting funding. Although brevity is valued, clarity y and co~pleteness are essential! This description Will be a mayor carnponent utilized during the reviev+~ process. ~axrm~rra ~~0 ~orda,l~*p~int font; A Night of ~itmo y labor Performance Project Even though artistic talent is present in all neighborhoods and socio~econor~ic levels, often times rent talent goes unnoticed because the opportunity to express these talents are not there. The Minos de ~itrno Dance Gornpany ~ cornrn~tted to enhancing the corpus ~hr~st~ cornmun~ty by ~nst~ll~ng a sense of pride and unity in its participants. Through hard ~rork and commitment to each other as a teamr We hope to express a deeper ideal of perseverance and self-Worth for our future generations Minas de ~itrno and. the i=fighting to laid Gangs in America Foundation are both dedicated to keeping the children off the streets and providing them With positive outlets to channel their energies. Joie 1lelasco, the Program Director and Choreographer started dancing as a child and she knoWS the im ortance of belonging to a positive group at a young age. Given the right tools, dance instructor p can make an enorrnou i~napct on students and the community. The "Night of Ritmo Y labor" exhibition v~ill ailoW many in diverse dance organisations to come together and perfQrrn for the City. It gill encourage positive rota models and continue to expose more outh to the crew#ive outlet dance provides, By training for this event the students Will not only gain Y skills and learn discipline but they Will gain a sense of pride in therraselves and the cornmun~ty. This ro ram gill help them develop a self Worth that Wili graorn them far more success in their future, pg Peo 1e of corpus Christi Wii1 be able to experience the tremendous talent of underprivaleged children p that often times gets overlooked because they cannot afford dance lessons. Ffghling la Rid Gangs in America F4undaliG~r, Inc. ~ ~,~~ I ~ ~~ ~ ~~ ~ ~ ~ {~~~~~ ; ~v~,o y savor, ~ ~~n~ ~aa~vror~ ~+d ~~r