HomeMy WebLinkAboutC2007-449 - 11/13/2007 - ApprovedPage ~ of 8
AREEIENT BETI~UEEN THE ~iT~ ~F ~RPiJ HRlTi AND
TAMIJ~CC ~;`REC[PfENT"}
BART AND ~ULTURAI. C~~1MII~N
HTE~ ~DD~JPAN~ TAB REVENUE
RECI PI ENT A REEI ENT}
The State of Texas
KN~V1~ ALI. BY THEE ~REENT:
County of Nuece
This l~iotel ~ccu anc Tax revenue ~eoipientAgreen~ent ~"Agreement"} is made and
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entered into b and beteen the City of Corpus Christi, a Texas home-rule municipal
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cor oration "City"}, acting through its duly authorised City 1VEanager or his designee
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"!t Nana er"}, and TAl~U-~ ~"Recipient"}, a Texas non-profit corporation,
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ualified as ~ 501 ~~}~} organization under ~G U.~. section ~~ ~c}~}.
Whereas, the City has allocated 4 74~ ire Motel ~ccupanc~rTax revenue ~"grant
funds" to enable Reclpientto perform those activities described in Exhl~it "A'~
"Activities" , a copy ofhich is attached to this Agreerr~ent and incorporated by
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ref a re n oe;
Uvhereas, Cit desires to encourage and fund activi#ies that pror~ote the arks and in
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loin sa serve to rornote tourism and the con~rent~on and hotel industry virith~n the City
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of Cor us Christi, in accordance r~vith Chapter ~1 of the Texas Tax Code;
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~llJherea Reci ientdesires to provide those activities that promote the arts, end in
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loin so serve to rorr~ote tourism and the convention and hotel industry utirithin the City
of Cor us Christi, as the sole or contributory producer of the activities described ~n ,
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E]Chi~lt "1~4" ~`~A~tivltles"~;
Uvhereas Cit has determined that there exists a genuine need far Recipient'sA~ts
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ro ram in the it of Corpus Christi and ~rishe to encourage the production of
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Recipient~a Arts Program through the funding of these Act~v~t~es;
Nor, therefore} City end Reclpien~ agree as ~ollos:
[. Rur ose, The Cit desires to expend funds fror~ the City's Hotel CccupancyTax
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Revenue to fund activities produced by nonRpraf~t, community-oriented organ~zatians,
s ecificall those ro rams that promote the arts and in doing so also promote tourism
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and the convention and hotel industry ~vithin the City of Corpus Christi,
!!. Term. This a regiment commences on the 1~~ day of Janua , ~oa8 and terminates
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an the ~~~~ day of December, g08~
![[. ! 's Duties. Ci a reel to pay Recipient $4,748. out of revenue from the City of
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~~~~~~~~ r~~~~~f~'~ ~~t~l occupancy Tax fund for use in accordance ~vith section IV
~~~7-44~ City be liable for an amount in excess of this grant amount.
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11I~ Recipient's Duties, In consideration for receipt of grant funds, Recipient agrees
to perform those activities described in the attached and incorporated Exhibit i`A". This
performance shall include those activities that are eligible for funding under section
~~ ,1 g~ {~}{4} of the Te~cas Tax bode and those activities that are ineligible for funding
under Chet section of the Texas Tax Code but are inherent in and essential to the
successful production of Recipient's Activities.
11. Eligible Activities. Ilse of grant funds by Recipient is lir~ited 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 arkthatare eligible forfunding as
described in section X51. ~ 01 ~a}~4} of the Texas Tex Code.
{}the activities promote the arts and in doing so also promote both tourisr~ and
the convention and hotel industry within the City of Corpus Christi.
VI. Promotion of Tourism and the convention and ~iotei industry. Recipient must
actively promote tourism to the City and the City~s hotel and convention industry as a
goal of Recipient's Activities, This maybe accomplished by working to increase the
number of out~of~town program attendees through target promotion and by working with
the local Hotel-IVlotel and Condominium Associations.
llil. opletion Report. Recipient must submit to the City's Director of Parks and
Recreation {"Director"} a completion report ~"Report"}, a copy of which is attached and
incorporated into this Agreement by reference a Exi~ibit "~", no later than thirty X30}
days following the termination of this Agreernent~ The Director, ar his designee, shall
review this Report to verify whether the Grant funding provided to Recipient was spent
in accordance with the requiro~ments in this Agreement. ~ 14eoipren# wlllno#be
elr"gible #a ap~1y for ran# funaf in the nexf calendar year if #ha# f~eci~in# fails #o
submit i# f~e~or# ~rvi#hr"n #hlr~y ~~~ days following the #ern~ina~ion of #his
Agreenren#. phis requirernen# will be s~~r'c#ly enforced. zany reconrrnend#ion or
indioa#ion by the r#y ~ha# f~ecipien# may be eligible #v apply for r~an# funds for
the -~e~# calendar year is con#ingen# upon #be #imely su~bn~ision of #his Re~nor#;
aid Reoi ien# shall be declared ir~elrgibfe to ap~aly for ran# funds for the nex#
ealer~dar year if f~eci~ien# fails #o #imely rrree# #his re~uiren~en#. The Report must
include the following criteria;
~A} Ilvritten assurance to City that all Activities funded by the City served to
pror~ote the arks in the community. This shall be evidenced by providing the City
with a written description of Recipient's marketing or advertising strategy.
{S} 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 o~Corpus Christi. This may be
accomplished by the use of a visitor log, by tallying the number ofout-of-~to~rn
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biliin s ar b fisting the out-of~tov~rn railing addresses gathered through the ticket
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sales process.
{~ An estimate of the total Arlo Program attendance.
D A statement of Recipient's Arts Program revenues and expenditures.
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IJlll. Records Retention. Recipient must at all times during the term of this
A reer~ent, and for three years following the expiration of the Agreer~ent, keep true,
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accurate, complete, and auditable records Recipient agrees to:
A ~t least annual) make periodic reports to the pity of its expenditures from the
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rantfunds given under this agreement; and
~ make records of these expenditures available far review to the pity.
i~C, ~isburernent of Funds. Recipient understands and agrees that payr~ent by the
fit of grant funds under this Agreement is contingent upon Recipient's foil .
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cony liance Frith the requirements ofthis Agreer~ent. should Directardeterm~ne during
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the A reer~ent's term that Recipient has failed to comply~vith the requirements
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contained in this A regiment, the Agreement ~s sub~ectto termination in accordance v~rith
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section ll11, listed belov~r, and all rantfunds must be repaid to the ity~
~. Unex ended finds. Upon termination of this Agreement, Recipient rrrut pror~ptly
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refund toityanyunexpen~ed rantfunds.
~I. Advertiin . Reci ient must recognise the pity of corpus Christi as a contributor
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an ail adverkisements and publications regarding Recipient Arts Program. Recipient
must ravide Director~rith a copy of all Recipient-sponsored advertising and prar~otion
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materials regarding its Activities.
Ali. Modifications and 1Naivers. No provision of thiAgreement may be altered,
changed, modified, or v~aived.
Eli. Relationship between parties. Nothing in this Agreement shall constitute
rtnershi , ~oint venture, or principal-agent relationship bet~reen the parties.
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~CiV. tom lisnce uvith Lavers. Recipientshall observe and obey all applicable laws,
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ordinances, re ulations and rules of the 1=ederal, state, country and pity governments.
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This A regiment is sub'ectto applicable provisions of the pity charter and the qty bode
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of ordinances.
V~ Non-discrimination. Recipient shall not discriminate, or permit discrimination
a ainst an erson or roup of persons, a to empioyr~ent or in the provision of
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services activities, and rograms. Discrir~ination as it pertains to this section includes
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discrir~inatian ors the basis of race, rel~g~on, national ong~n, sex, disability, or age, or ~n
an other manner that is rohibited by the lavtirs of the United states or the Mate of
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Texas. Director retains the right to fake action deemed necessary by Director to
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hip non-dieriminatian covenant, 1liolation of this provision ifl result in the
enforoe t
i~mediate termination of this Agreement.
XVl. Indemnity. To the extent allowed by Texas law, Recipient hereby
fully agrees to indemnify and hold harmless the City of Corpus
Christi, its officers, employees, representatives, licensees, and
invitees ("indemnitees") against any and all liability, damage, loss,
claims, demands, and actions of any nafure due to personal injuries
including, but not limited to, workers' compensation and death
claims, or any properfy loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximately or
remo#ely, wholly or in parf, 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 lndemnifees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees participatr`ng in or observing
Recipient's Activities. Recipient further agrees to indemnify and hold
harmless Indemnitees !n any situation in which injury or damage
results from a violation by the Indemnitees or Recipient, or
Recipient's agents, servants, employees, guesfs, contractors,
patrons, licensees, or invitees, of any law, statute, ordinance, or
government order of any kind. Further, Recipient wilt r'ndemnify and
hold harmless lndemnifees where injury or damage results or arises
ouf of the exercise or rights or performance of obligations createaf by
fhis Agreemen#.
These ferms of indemnification are effective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees, f7ecipienf must,
at~ its own expense, investigate all claims and demands, attend to their
final resolution either by se#flement or otherwise, defend all actions
with counsel satisfactory to Indemnitees, and pay all costs and
expenses related to such actions on account of liabr"lity, damage,
loss, claims, demands, or actions, including attorney fees.
~Vt~+ Trm~na~ion,
A 1~he fit ma ter~inate this Agreement fir and ~f the ~ollo~ring reaon;
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~ the ~t ma imr~ediateiy terminate the Agreement due to any
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vioiation ~ Recip~enof section ~V or of this agreement,
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The Cit ma terminate this Agreement due to failure by the Recipient
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to substantial) erform the Activities described in exhibit A ,Director
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has the sole discretion to make the determination that rantfunds were
used for activities that did not fall within the permitted applications of tax
revenue under section 3~~ .~E ~~ ~a} of the Tax bode. The pity may
terminate the A reer~ent upon thirty ~0}days written notice, specifying
that the Director has determined that grant funds were used for purposes
other than those allowed under section ~1.~ o~ ~} of the Tax bode, ar~d
re uire Reci lent to reimburse the pity a!! grant funds award. should
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Reci lent and Director a ree on a modification to the activities spec~f~ed
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in Exhibi# "A" and execute a written modification incompliance with
section ill of this Agreement, the pity will not terminate the Agreement
due to Reci gent's failure to adhere to the original, superseded contract
terms .
The Cit ma terminate thisAgreer~er~tdue to Reoipier~t' use of
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grant funds to a for activities other than those qual~fy~ng as Eligible
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Activities under section of this Agreement. Director has the sole
discretion to make the dterr~ination that rar~tfur~ds were used for
activities other than those ~uaiifying a Eligible Activities. The Dity may
terminate the A regiment upon fourteen ~~4}days written notice, and
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re uire Reci ientto reimburethe ~ityall rantfunds awarded
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B Reci lent ma terminate this Agreement without cause upon thirty ~~}days
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written notice to Dit . if Recipient chooses to terminate the Agreement,
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Reci lent must re a all grant funds awarded, whether those funds were
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expended on Eligible Activities or nat.
iii. everabiii . if an terra or provision of this Agreement or its application to a
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erson or circumstance is determined to be illegal, unenforceable ar invalid, the
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mainder of this A reementwill not be afl:ected bythat illegality, unenforceability, or
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lidit . To the extent osible, similar legal, valid, and enforceable terms will
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utomaticali be substituted forthoe that are found to be illegal, invalid, and
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unenforceable,
roe l~la'eure. 1111ith res ecttoany duties, obiigatior~s, or covenants ~~bu~r~of
~Ci~. ~~ ~ p
' irr the ~ ~e#iorr ~4e orb reu~re by sec#io~ 1~~~) to be perforr~ed, or
flea to be rovided to either party during the terra of this Agreer~ent, the party
cons~dera p
fed shall in no event, be liable for failure to perform when prevented frorrr
so obliga
o b an cause be and the reasonable control of that party including, without
doing s y y y
. ' e lockout breakdown, accident, order or regulation of any overnmenta!
limitation, strik , , .
' failure of su l inabilit , b the exercise of reasonable d~l~gence, to obtain
authority, pp y# Y Y
' s or em to ees necessa to perform services, or because of war, natural
supplies, part p y rY
' r they emer enc .The time vuhen that duty, obligation, or covenant must be
disaster, o o g y ~ .
d or consideration rust be provided v~ill be extended for ~ period of time
performo
' 1 ntto the Bela due to the cause beyond the control of the party obligated.
eq u ova e y
I~:1LEG-~lRl,lean~iell.isa~g mt-TAMU,do~
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ices. I! notices demands, ~~ nests, or replies ~t`camr~unicatians"~ provided
~C~C, Not ~ ~ i
for or err~itted under this A reemer~t by ether party must be in writing and must be
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delivered lO arse of the followin methods; ~1}personal delivery; {~} depos~tw~th the
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++]nited States Pastel Service via certified ar registered mail, return receipt requested,
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ante a re aid re aid tole ramp ~4}deposit with an overnight express delivery
p.gpp ,~~pp g
' ~~rwhich service has been re aid; or ~~}fax transmittal Native depasEted with
service, f~ p p
the United States Postal Service in the runner described above gill be deemed
ffective two ~ business da s after depoit with the United States Pastel Service,
e ~ } ]~
b tole rare or overni ht ex ress delivery service ~n the manner described above
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will be deemed effective one 1 business day after transmis~on to the telegraph
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cam an or overni ht ex ress carrier. Notice by fax will be deemed received upon
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mission with roof of delive to the receiving party. Ail communication must be
trans p rY
rude to.
If to fit:
pity of corpus Christi
Uireotor, Parka Recreation
P, ~. Box g~71
carpus Christi, ~~ ~5~4~~9~7~
if to Ree~p~ent:
~~ V ~
l~n~ve~it ~al~e~ie ~o~ C~oean Dave
for ~ hrist~ Teas TBd~~ ~
dither art ma chars a the address to vuhich notice is sent by providing notice as
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i ed above. Reoi gent must notif pity of an address change within thirty ~~}
decr b p ]~
days after ~eoi~ient~ address has changed.
I. V~aive~. The failure a~ either arky to complain of any act ar omission on the part
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f the other art na rr~atter how long the same may continue, w~11 not be deemed a
o p y,
' id art of an of its ri hts as enumerated in this Agreerr~ent. Na vuaiver of
waver by sa p y y 9 , ,
versant or condition or breach of any covenant or cand~t~an of this Agreement by
any co
' er art at an tine ex ress or ireplied, will be taken to constitute a waiver of any
e ith p y y p ,,
ent breach of the covenant or cand~t~on. Notwithstanding any indulgence of
subequ
breach b the Re~i tent of the provisions of this Agreement, it is e~cpresly
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understood that the fit a at any tirr~e avai4 itself of its rer~edies under this
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reer~ent includin the ri ht to terminate the Agreement on account of breach ar
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default.
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aC~CI~. Entirety. This Agreer~ent and all exhibits attached constitute the entire and sole
agreerr~ent between the parties regarding the subject matter described in this
Areer~ent. No otherwritten docurr~ents or oral representations will have anyforce or
effect on the subject matter of this Agreement.
~Clli. pion The captions contained in this Agreement are not a part of this
Agreement end do not in anyway affect or alter the terms o~this Agreernent~
~~C~, Assignment. This Agreement nay not bar in whole or in part, assigned ar
transferred directly or indirectly without priorwritten consent of pity.
exec tad in u licate each of which will be considered an on final, on the ~ day
p ~ g
of ~V~. , OOH.
ATTEST: 1TF ~RPLl i~R~Ti
Armando hapa, qty Secretary ~'eorge l~. Noe, pity Manager
APPROVED: D~P.L s , 2047
el~/~ `
Lisa Aguilar
Assistant City Attorney
For City Attorney
a~o7 - a g $ . ~~~~~K{~~
~r ~rar~c~~ _ r r 1 .~,o ~„r,,,
a~,,,,,.,..,..,.~~..p..r.^..rr~..a.spwy/MM.
JLL~~~Ifl~ i ~•
STATE ~F T~~CAS
D~JNTY~P NUEES
. ~
This ~ntrument was acl~nowledged before me on , ~~~ ~ by
evrge 1~. Noe, pity Manager ofthe pity of orpu hriti, a Tex home~rule
unic~ al corporation n behalf of the corporation.
N ota ry P u b l i c, State of Texas ,,~"~"~;., c~~~~ ~~~s
Printed Name
commission expires
FAR RECIPIENT
~ ~$ ~4Y C~MM1SSlo
*~ ~,er 9, ~4I~
F kti
~j ~~~M~ 1 a
+~'~ ~~~
N.II.EG-~! Rl~eanni~ll.isalAgmt-~'AMIJ.~oc
Page 8 of 8
r. Harve Knull ~~.'~r.(~~
Artistic Vice President
STATE ~~ TEXAS
~UNTY~F ~V~EES
This intrument ~ckno~rledged before ~e on , ~~Dlt by
Dr. H~rve ~nuli, Arkistic Vice President, TAMU-, ~ Texas r~on-profit corporation,
~~lified ~ a 0~ c or ani~~tion under ~~ U.S.Q. Section 50~ {c~{~}, on behalf of the
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co~por~tion~
..
otry Public, State~of Texas
~g~ti~,E LC..l~-ir~
Printed Name
~ommiion E~cpire ~~- ~~
,.~''~r~~i~'a ~~~~~~~ M~~~a~~
.~~.~$.
~,' ',`' ~ Notary P~bli~, to#~ of Texas
~~~. 'fig ~~ ~OI'~11111$~t~L~1 I~~~{~I~~~
9~r~~' 11g1 t1~4** ~~~~~~~~ ~~i ~ L~~~
H:II.~~-DIR1Jear~niel~.isalAgmt•fAMU.do~
Answer G~uestion ~~ 1 ~~ this page only.
In the f~~l~~ring space, please write what you would dike the Arts and Dultural Commission to know about
your Proposed Project the project for which you are requesting funding}. Although brevity is valued, clarity
and completeness are essential) This desorlption wi#~ be a major component utiti~ed during the revier~r
process.
~lax~um ~0 words, ~2-point font.
The Aso Bay Biennial exhibition and syrnposiurn i ~ multi-faceted event that provides the general
public, University students and faculty, artists, and collectors with meaningful experiences with
installation art by locally, re Tonally, nationally, and internationally renowned artists. I~istorically, the
Biennial has drawn people rorn Texas~to the Coastal Bend while simultaneously has brought ~uaiity
art and artists from Texas and beyond to corpus Christi. In ~o~ Aso Bay will be part of a year-long
exhibition program, "Creative ~reedor~r: lr~-discip~inarity and Established and En~ergfng Media in tl~e
Visual Arts.'
Toward that end, Aso Bay Biennial features tvuo main exhibitions: "Louis Satz: Glayer of Meaning„
Islander Art Gallery and "Established and Emerging Media of Patricia ~lynyk and Claire Todd" {IJlleil
Gallery}. e~reral smaller exhibitions ~eaturin Iocal artists and secondary students also will b
presented In Islander Art Gallery's Galleries and ~ several Iocal arts organizations also plan to
present art and exhibitions that relate to this program.
Aso Bay Biennial ~V is curated ~ Elizabeth B. Reese, Rh,D., Director of University Galleries. The
symposium ~s planned for the opening weekend of the Vlle~l Gallery exhibition and will include artists'
presentationsr panel discussions with artists, collectors, and gallery ownersldirectars; and a tour of
related venues. In addition, the Islander Art Gallery will host a farniiy day. Moreover, it is hoped that an
internationallyond historically renowned artist, Judy Chicago, will participate in the symposium
because this ~ not yet confirmed, this grant appl~cat~on does not include this request}.
~f}M L~ C~-o~~s~~