HomeMy WebLinkAboutC2007-382 - 11/13/2007 - ApprovedPage ~ of 8
AGREEMENT BETVI~EEN THE CITY ~F CARPUS ~HRITI AND
CATHEDRAL C~I~CERTSERIES ~"RECIPIENT"}
(ARTS AND CULTURAL COMMISSfON
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The State of Texas
County of Nueces
KNEW ALL BY THESE PRESENTS:
This Hotei occupancy Tax Revenue Recipient Agreement ~"Agreement"} is made and
entered into by and bet~veen the City of Corpus Christi, a Texas home-rule municipal
corporation ~"City"}, acting through its duly authorized City Manager or his designee
~"City I~anaer"}, and CATF~EDRAL C~h1CERT SERIES ~{`Recipient"}, a Texas non-
profitcorporation, qualified as a ~0~ c 3~~.~or anization under ~ U.S.C. section
~ ~~ ~ g
~~~~~~}.
vUheres, the City has allocated 7 boo in Hotei occupancy Tax revenue ~"grant
funds'}} to enable Recipient to perform those activities described in Exhibit "A"
~i`Activities"}, a copy of v~hich is attached to this Agreement and incorporated by
reference;
Uvhereas, City desires to encourage and fund activities that pror~ote the arts and in
doing so serve to promote tourisr~ and the convention and hotel industry ~rithin the City
of Corpus Christi, in accordance rrvith Chapter X51 of the Texas Tax Code;
vl~hereas Recipient desires to provide those activities that promote the arts, and in
doing so serve to promote tourism and the convention and hotel industry~ithin the City
of Corpus Christi, as the sole or contributory producer of the activities described in
Exhibit "A" ~"Activitses"};
U~hereas, City has determined that there exists a genuine need for Recipient's Arts
program in the City of Corpus Christi and Dishes to encourage the production of
Recipient's Arts Rrogram through the funding of these Activities;
Now, therefore, City and Recipient agree as follor~rs:
I. Purpose. The City desires to expend funds from the City's ~lotef occupancy Tax
Revenue to f~,nd activities produced by non-profit, cor~munity-oriented organizations,
specifically those programs that prornote the arts and in doing so also promote tourism
and the convention and hotel industry uvithin the City of Corpus Christi.
II. Term. This agreement commences on the ~~# day of Janus , ~OO8 and terminates
on the ~1t day of December, X008.
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Ili. Cit ~ Duties. City agrees to pay Recipient ~,~0~ out of revenue from the City of
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Corpus Christi's Hotel occupancy Tax fund for use in accordance with section ll!
belov~r. !n no event v~rill City be liable for n amount in excess of this grant amount.
lv. Recipient's Duties. !n consideration for receipt of grant funds, Recipient agrees
to errorm those activities described in the attached and incorporated Exhibit "A". This
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performance shall include those activities that are eligible forfundir~g under section
~1.~1 ~~ ~a}~4} of the Texas Tax Code and those activities that are ineligible for funding
under that section of the Texas Tax Cade but are inherent in and essential to the
successful production of Recipient's Activities.
v. Eligible Activities. Use of grant funds by Recipient i limited to those activities
that, without exception, meet ail three of the follo~ring requirements:
~A} the activities are described in the attached and incorporated Exhibit "A"
(B) the activi#ies are in the categories of art that are eligible fior funding as
described in Section 351.101(a)(4) of tYte Texas Tax CodE.
C the activities promote the arts ar~d in doing so also promote both tourism and
~~
the convention and hotel industryv~rithin the City of Corpus Christi.
111, Rronnotion of Tourism and the Convention and Hotel lndustry. Recipient must
actively promote tourism to the City and the City's hotel and convention industry as a
cal of Recipient's Activities. This may be accomplished by working to increase the
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number ofout-of~town program attendees through target promotion and by v~ork~ng with
the local Hotel-Motel and Condominium Associations.
vll. Dompletion Report. Recipient must ubrnitto the City's Director of Parks and
Recreation "Director"} a completion report {"Report"}, a copy of v~hich is attached and
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incur orated into this Agreement by reference a Exh~b~t "D", no laterthan thirty ~~~}
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da sfollo~vin the terr~ination ofthisAgreement~ The Director, or his designee, shall
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review this Report to verify v~hether the grant funding provided to Rec~p~ent eras spent
in accordance v~ith the requirements in this Agreement A 14eoipier~~ will nod he
eli ible ~o apply fvr rangy funds irr the next va~endar year if that ~4ecipien~ fails #o
~ ~, ~ ~ .
su~r~~~ its Report w~thrn ~h~riy ~~) Mays fvllo~rtn the ~er~r~na~ron of thfs
~4 ree~rent~ This requiren~en~ wr`lf be s~ric~ly enforcedr ~kr~y recornenda~ion or
.~~ . , . .
~ndtcat~o b the City ~haf eo~prent nay he elf~ble ~v apply for rarr~ funds for
~ r ~ r r r r
~'~?~ r~ex~ calendar year fs C~~1~fnen~' upon the ~~e~y u~l~?rEslDn ~~ uhf deport,
and Recipient shall be declared ineli~lhle ~o ppl~ for rangy funds for the next
calendar year if Recipr`ent fails to ~i~rely meat this requirementr The Report must
include the follovuing criteria:
~A} vllritten assurance to City that ail Activities funded by the City served to
romote the arts in the connrnunity, This shall be evidenced by providing the City
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utrith a vuritten description of Recipients r~arket~ng or advertising strategy.
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~B} For all Activities funded by the City, Recipient must subr~itto the City ~
written estimate of the nur~ber of Recipient's Arts prograr~ attendees that reside
outside the territorial limits of the City of Corpus Christi. This may be
accomplished by the use of ~ visitor log, by tallying the number ofout-af~town
billings or by listing the out-of-town mailing addresses gathered through the ticket
sales processF
~} An estimate of the total Arts Program attendance
~D} A statement of Recipient's Arts Program revenues and expenditures.
vlll. Records Retention. Recipient must at all times during the term of this
Agreement, and forthree gears following the expiration of the Agreement, keep true,
accurate, complete, and auditable records. Recipient agrees to:
~A} at least annually make periodic repor#s to the City of its expenditures from the
grant funds given under this agreement; and
~B make records of these expenditures available for review to the City.
!~. Disbr~rement of Funds. Recipient understands and agrees that payment by the
City of grant funds under this Agreement is contingent upon Recipient's full
compliance with the requirements of this Agreement. should Director determine during
the Agreement's terra that Recipient has failed to corrxply with the requirements
contained in this Agreement, the Agreerent i subject to termination in accordance with
section ~vll}listed below, and all grant funds must be repaid to the City
x. Unexpended funds. Upon termination of this Agreement, Recipient mustpromptly
refund to Cityany unexpended rantfunds.
~I. ~4dvrtising. Recipient must recognise the City of Corpus Christi as a contributor
on all advertisements and publications regarding Recipient's Arts Program. Recipient
must provide Directorwith ~ copy of ail Recipient,sponsored advertising and promotion
materials regarding its Activities.
~!!. Modifications and Iai~re~s. No provision of this Agreement ray be altered,
changed, modified, or waived.
X!!I. Relationship between Parties. Nothing in this Agreement shall constitute
partnership, joint venture, or principal~agent relationship between the parties,
~CI11. ~ornpliance vuith Larnr. Recipient shall observe and obey all applicable laws,
ordinances, regulations and rules of the Federal, state, Country and City governments,
~fhisAgreement is subject to applicable provisions of the City Charter and the City Code
of ordinances.
v. lion-discrimination. Recipient shall not discriminate, or permit discrimination
against any person or group of persons, a to employment or in the provision of
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services a~tivitie, and ro ramp. Discrimination it pertains to this section ir~olude
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diserirnination on the basis of race, religion, national origin, sex, diabil~t~r, or age, or in
an other manner that is rahibited by the iavus of the United States or the state of
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Texas. Director retains the rightto take action deemed necessary by Direetorto
enforce this nondiscrimination covenant. Violation of this provision vuilf result ~n the
immediate termination of thisAgreerr~ent.
XVI, Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Chrisfi, its officers, employees, representatives, licensees, and
invitees ("indemnifees') against any and all liability, damage, loss,
claims, demands, and acfions of any nature due to persona! injuries
including, buf not limited to, workers' compensation and death
claims, or any properly loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximafety or
remotely, wholly or in part, or claimed to have arisen out of, been
connected with, or have been caused by, any act or omission,
negligence, or misconduct on the part of Indemnitees or Recipient, or
Recipient's agents, servanfs, employees, guesfs, contractors,
patrons, Licensees, or invitees participating in or observing
Recipient's Acfivitfes. Recipient further agrees to indemnify and hold
harmless Indemnitees in any situation in which injury or damage
results from a violation by the lndemnitees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees, of any law, statute, ordinance, or
government order of any kind. Further, Recipient will indemnify and
hold harmless lndemnitees where injury or damage results or arises
out of the exercise or rights or performance of obligations created by
this Agreement,
These terms of indemnification are ei°fective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees.l4ecipientmust,
at ifs own expense, investigate atl claims and demands, aftend to their
final resolution either by seftlement or otherwise, defend al! actions
with counsel safr'sfactory to lndemnitees, and pay alI costs and
expenses related to such actions on account of liability, damage,
Loss, claims, demands, or actions, including attorney fees.
~111~. Terr~ina~ion~
(A) The City may terminate this Agreement for any of the following reasons:
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~1 }The City may immediately terminate the Agreement due to any
violation by Recipient of section HIV or~11 of this agreement.
~~} The City may terminate this Agreement due to failure by the Recipient
to substantially perform the Activities described in F~hi~it "A" Director
has the sole discretion to make the determination that grant funds were
used for activities that did not fall within the permitted applications of tax
revenue under section ~~ ~ , ~ ~~ ~a} of the Tax Code. The pity may
terminate the Agreement upon thirty {~o} days written notice, specifying
that the Director has determined that grant funds were used for purposes
other than those allowed under section ~~~ . ~ 0~ ~a} of the Tax Code, and
require Recipient to reimburse the City al[ grant funds award. should
Recipient and Director agree on a modification to the activities specified
in Exhibit "~"and execute a written modification in compliance with
section X11 of this Agreement, the City will notterminatethe Agreement
due to Recipient's failure to adhere to the original, superseded contract
terms,
} The City may terminate this Agreement due to Recipient's use of
{ .
grant funds to pay for activities other than those qualifying as Eligible
Activities under section V of this Agreement. Director has the sole
discretion to make the-determination that grant funds were used for
activities other than those qualifying as eligible Activities. The City may
terminate the Agreement upon fourteen ~~4~ days written notice, and
require Recipient to reimburse the pity ail rantfunds awarded.
~B} Recipient may terminote this Agreement without cause upon thirty X30}days
written notice to City. If Recipient chooses to terminate the Agreement,
Recipient must repay all grant funds awarded, whetherthose funds were
expended on Eligible Activities or not.
~V!!I. e~rerahility. if any term or provision of this Agreement or its application to a
arson or circumstance is determined to be illegal, unenforceable or invalid, the
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remainder of thisAgreementwill not be affected by that i[legalrty, unenforceabi[ity, or
invalidity. To the extent possible, similar legal, valid, and enforceable terms will
automatically be substituted forthose that are found to be illegal, invalid, and
unenforceable.
i~l~. Force ~lajeure. 1111ith respectto any duties, obligations, or covenants ~bu~rro~
inc~u~ir~ the a~np~e#~orr l~e~ort required by sec#~arr VIII to be performed, or
consideration to be provided to either party during the terra of this Agreement, the party
oobli ated shall, in no event, be liableforfailureto perform when prevented from
lain so by any cause beyond the reasonable contra[ of that parley 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
su lies, arts or employees necessary to perform services, or because of war, natural
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disaster, or other emergency. The time when that duty, obligation} or covenant must be
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er#ormed or consideration must be provided will be extended for a period of time
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e uivalentto the Bela due to the cause beyond the control of the party obligated.
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~. Notices. All notices, demands, requests, or replies {`{communications"} provided
for or ermitted under this Agreer~ent by either party must be in writing and must be
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delivered b one of the following methods: {~ ~ personal delivery; {~}deposit with the
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United states Postal service via certified or registered mail, return receipt requestedt
osta a re aid; ~ re aid telegram; {4} depositv~rith an overnight express delivery
p g p p ~~p p
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 business days after deposit with the United states Postal service,
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Notice b tele ram or overni ht express delivery service in the manner described above
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will be deemed effective one {1y business day after transmission to the telegraph
com an or overni ht express carrier. Notice by fax will be deemed received upon
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transmission with roof of delivery to the receiving porky. All communications must be
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made to;
Ifto pity:
pity of corpus Christi
Director, Parks & Recreation
P. ~. fox X271
corpus Christi, T~ ~~~g-9~~
{31} 880-34~
If to Recipient:
cathedral concert series
Lee v~roz~~ Eye. Director
58a U er iV. Broad~ra
Cor u Christi Texas 7840
~~ 583-~ ~ 8
Either art ma change the address to which notice is sent by providing notice as
l~ ]~ ]~
described above. Reci lent must notify pity of an address change within th~rky {~0}
days after Recipient's address has changed.
~C.~lI. Waivers. The failure of either perky to complain of any act or omission on the part
of the other art , no getter how long the same ray continue, wi11 not b deemed a
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waiver b said ark of an of its ri hts as enumerated ire this Agreerrrent. No waiver of
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an covenant or condition or breach of any covenant or condition of this Agreement by
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either ark at an time, ex ress or implied, will be taken to constitute a waver of any
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subse uent breach of the covenant or condition. Notwithstanding any indulgence of
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an breach b the Recipient of the provisions of this Agreement, ~t is expressly
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understood that the pity may at any time avail itself of its remedies under this
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~ reement includin the ri ht to terminate the Agreement on account of breach or
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default.
mil, Entire . This A reement and all exhibits attached constitute the entire and sole
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a reement bet~reen the patties regarding the subject matter described in this
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A reement. No other ~rritten documents or oral representations gill have any force or
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effect on the subject matter of this Agreement.
CIII. a Lions. Theca Lions contained in this Agreement are not a putt of this
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A reement and do not in anyv~ay affect or a~terthe terms of this Agreement.
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I1~. Assi nrnent. This A reer~ent may not be, in v~rhole or in part, assigned or
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transferred directly or indirectly utirithout prior Britten consent of City.
Executed i du licate each of vuhich utirill be considered n original, on the ~ day
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of , fool.
ATTEST: I of CORPUS FIRITI
Armando Cho a, Cit ecretry a rge K. Noe, City Manager
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VET: ~gol
APPRO a
Lisa Aguilar
Assistant Ci Attorney
For City Attorney
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M~~~~~ ~. 4 ~ t4i~. ~N M~Er~
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STATE ~F TE~C
~I~IVTY of N~JECE
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. ~ re rye on g~l~ hY
Thy instrument vua ackno~rledged befo
eor a K, Noe Cit Mara er of the City of Corpus Christi, a Texas home~rule
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m icipal corpora ~ n, on behalf of the corporation.
Notary Public, State of Texas ~~~~~
5N 1+
Panted Name
Commission Expire
~~~ ~ + ~I~~ C~~M~~ piA~~
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FQR RECIPIEN
P_P ~ ~dy
Artitio director
TAT E ~ F T ERAS
oUI~TY ~F NUEE
This instrum~ntvua aoi'Cno~rledg~d b~foro me o , ~~~~, ~~
Lie o~d~, Artistic director, athedrl onort eri~, a Tea non-profit corporation,
q~aiifie~ a ~~~ ~~}~} organisation under ~6 U. oction 5a1 ~c}~~, on behalf of the
corporation.
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N o a ry P u b l i c, tit of Te~c~s _
twunr~r
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~/ ~ ~ Na~a~y P~b1iC, tate~f'~exas
jll ~ ;°~,~ . ~, t~ ~ ~~f ~~~111~iIS~I~I~ ~k Jf
printed Nar~1e ~~r,~;~,-
Commission Expires ~l~SL-~
F~:IL~~-D1 RIJe~nnielLiSelAgmt-Cached ralCancerteries.dac
~nsvuer dues is page only.
In the foJfowin ~ ace, please write what you would tike the Arts ar~d Cultural Commission to trnow about
your Proposed Project the project for which you are requesting funding}. Although brevity is valued, clarity
and campfetenes are essentials This description vuifl be a major component ~rtilized during the review
process.
Maxirnurr~ ~5o words, ~ 2-point font.
since ~gS4, the Cathedral Concert series has been able to maintain the "N~ CHAFE" status of
concerts. fringing world renowned artists, many of whom are in the midst of national and
international tours when they agree to perforr~ in the resounding space~of corpus Christi Cathedral.
The choirs of Carpus Christi Cathedral have a great reputation worldwide, having performed for His
Holiness Pope Jahn Paul it an several occasions. In addition they have been invited to perform at
national conventions and have appeared as a guest chair at Robert choler` Crystal cathedral,
These same chairs are a major part of the annual Holiday spectacular presented this upcoming
season.
The Cathedral Concert series has raised the level of artistic presentation by bringing in nationally and
internationally knon artists, who are at a much higher artistic level than any other brought to Corpus
Christi at past. Adults and youth are exposed to exceptional talent, that may lead to a different career
parch, or for that time improve their individual lives. High duality "live" peri'armances can be a part of
a total package when individuals and industry are thinking of relocating in youth Texas. The City of
Corpus Christi also benefits because the concert goers often have dinner in the local restaurants and
the out-of-towners use the hotels. r
Tentative negotiations for our ~~~-DDB season include; The cathedral Holiday spectacular;
negotiations with such groups as The Romeros, Harlem gospel Choir, the i~lavy flee Club, and the
Nfen's ensemble CANTL#. The series continues to explore other unique presentations at fV0
CHARGE to the public.
~~; r';~s~f , .~t,~ #~~ ~ {.,~~~~ ~ The cathedral Concert Series ~~;~~,,~ti,~ ~ (~[~~~~ ~ ~~~~"#~: ~4t~ Resaur~d'rr~~ Season 19
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