HomeMy WebLinkAboutC2007-484 - 11/13/2007 - ApprovedPage ~ of 8
AR~~M~NT B~T~EN THE CITY ~F CARPUS C~iRITI AND
D.D. INTNL. C~IV~P. FAR PIANO TRIN ~"R~CIP~~NT"}
{ARTS AND CULTURAL COMMISSION
HOTEL OCCUPANCY TAX REVENUE
RECIPIENT AGREEMENT)
The Sta#e of Texas
~[N~ ALL BY T~~~ PR~~NT:
County of Nueces
his Hotel ~~~~ anc Tax Revenue RecipientAgreer~ent ~"Agreement"} i made and
T P Y
~~ ntered into ~ and bet~veen the fit of Corpus Christi, a Texas have-rule municipal
e Y y
car oration "Cit " ,actin through its duly authorized City f~anager ar his designee
~iC~t Tana er~" and C.. IlVTN1..... C~MP~ FAR PIANO ~ TRlNS ~ Rec~p~ent ~, a
~ Y ~ ~~
xas non- rofit cor oration, ualified as a ~o~ ~c}~3~ arganizat~vn under ~~ U.S.C.
Te p p q
Section 50~~c}~~}.
v~herea the Cit has allocated ~ 4D~ in Hotel occupancy Tex revenue ~"grant
y ,.
funds" to enable Reci ien~ta perform those activities described in ~xh~b~t "A"
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"Activities" a ca of v~hich is attached to this Agreement and incorporated by
~ }~ ~~
reference;
v~hereas Cit desires to encau~a a and fund activities that promote the arty and in
a y g
'n a serve to romote taurisr~ and the canvent~an and hotel industry~rithin the City
dog g p
of Cor us Christi, in accordance pith chapter ~1 of the Texas Tax Cade;
UVherea~s Reci ient desires to ravide thane activities that promote the arts, and in
' i a
in sa serve to ror~ote tourism and the convention and hate) industry vu~thin the City
da g ~
f Car us Christi as the sale or contributory producer of the activities described in
o p
~x~ri~~t ;i~~~ ~"Activities"};
vl~herea Cit has determined that there exists a genuine need for Re~ipien~' Arts
y
ra ram in the it of Cor us Christi and r~ishes to encourage the product~an of
pg Y p
~eai gent's Arts Program through the funding of these Activities;
hiov~r, therefore, City and ~ec~P~~nt agree faliov~rs:
~. Puy ase. The Dit desires to expend funds from the City's Hotel occupancy Tax
• ~
Revenue to fund activities raduced by nonprofit, cammun~ty-ar~ented organizations,
p
s ecifical~ thane ra rams that promote the arts and in doing so also promote tourism
p y p g
and the convention and hotel industryv~ithin the City of carpus Christi.
~~. Teem. This a reement carnrnences an the ~~~ day of Janus , ~ga8 and terminates
g
an the ~~~ day of December, X40.
X007-4~4
11113107
tVI~007-258
Intel. damp. Piano tans
,s.do~
Page of 8
111. ~ity'e duties. City agrees to pay Recipient ~,4gg out of revenue frorr~ the City of
Corpus Christi's Hotei ~ccupaocy Tax fund for use in accordance with section 11!
below. 1n na event will City be iiable for an amount in excess of this grant amount.
I1J. Recipient's Duties. In consideration for receipt of rantfunds, Recipient agrees
to perform these activities described in the attached and incarpvrated Exhibit "A'f. This
performance she!! include those activities that are eligible for funding under ectian
5~.1g~~a}~~} of the Texas Tax Code and those activities that are ineligible forfunding
under that section of the Texas Tax Code but are inherent in and essential to the
successful production of Recipient's Activities.
11. Eliibie Ac#ivitie. Use of grant funds by Recipient is limited to these activities
that, without exception, r~eet all three afthe following requirements:
~A~ the activities are described in the attached and incorporated E~hihit "A"
(B) the activities are i~ the categories of art that are eligible for ftanding as
described in Section 351.101 {a)(4} of the Texas Tax Code.
~~ the activities promote the arts and in doing so also promote bath tourisrrr and
the convention and hotel industry within the City of Carpus Christi.
111. Proration cf Tourism and the onventian and Hotel Industry. Recipient must
activeiy promote tourism to the pity and the City's hotel and convention industry as a
cal of Reci Tent's Activities. This maybe accomplished by working to increase the
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number of aut~of~town program attendees through target promotion and by working with
the local Hotei-Motel and Condominium Associations.
1111. Completion 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 Exhibit "B", no later than thirty {~}
days following the terr~ination of this Agreement The ~irectarr or his designee, shail
review this Report to verify whether the grant funding provided to Recipient was spent
in accordance with the requirements in this Agreement. ~ l~ecrpier~f ~vil~ roof be
eligible ~o apply for ranf fur~~s in flee ~rexf calendar year if fhaf 14ecipierrf fair fv
umif ifs #~eporf wifl~i fhirfy ~~~ days followir~g~ fire ~err~i~rafion of #ht
Aree~nerrf. "his re~~iremerrf u~rll ~e sfricfly e~r~oroed. Airy recorerrdafiorr or
inafiea#io-~ ~y ff~e ~ify flraf #~ecipienf gray ~e eli~i~le fo apply far ranf fur~cls for
fie rrexf cale~~ar year i confirr~er~t ~por~ fhe firr~ely u~rrtiivrr of ffii Repar#~
ar~d Reoipie~# shall ~e declared ir~eli~i~~e fo apply for ranf ft~nafs for flee r~ex~
caler~a~ar year if F~eaipient fair fo firnely ~rreef fhis re~~rirer~er~t. The report must
include the following criteria:
~A} 1111ritten assurance to Clty that all Activities funded by the City served to
promote the arts in the comrr~unity. This shall be evidenced by providing the City
with a written description of Recipient's marketing or advertising strategy.
H:lt<~C-p lRlJear~n~elLisalAgmt-CC IntnlComp_Pianotrings.do~
Page of 8
ivities funded b the fit , recipient must subr~it~o the pity ~
~~~ For all Act y Y .
mbar of Reci gent Arts program attendees that reside
vur~tten et~~ra~te of the nu p
e territorial limits of the pity of corpus Christi. This may be
o uts~de th
the use of visitor to , by tallying the number of out~of~town
accomplished by
.. out~of-town mailin addresses gathered through the ticket
b~ll~ng or by l~st~ng the ~
sales process.
(C} An estimate of the total Arts Program attendance.
meat of Rec~ Tent's Arts Program revenues and expenditures
~D} A state p
tention. Reci lent must at ali times during the term of this
11ii1. records ~e p
hree ears followin the expiration of the Agreement, keep true,
Agreement, end fort g
ccurate cam late, and auditable records. ~eoipient agrees to:
a ~ p
e eriodic re arts to the pity of its e~cpenditures from the
~A} at least annually mak p p
rantfunds given under this agreerr~ent; and
{B make records ofi these expenditures available far review to the Ci#y.
Reoi Tent understands and agrees that payment by the
I. ~~sbursement of Funds. p , ,
' under this A reement ~s contingent upon Rec~p~ent full .
qty of grant funds g ,
ants of this A reement. should Director determine during
cor~pl~ance with the requ~rern 9
' that Reoi ienthas failed to comply with the requirements
the Ag reement s term P ' h
theA reement is sub'ect to termination in accordance wit
contained in this Agreement, g ~
listed below and all rantfunds must be repaid to the pity,
section ~Clll1,
rr~ination of this A reement, Recipient must promptly
~. ~lnexpended funds. Upon to g
refund to pity any unexpended rantfunds.
' ' ' ' t must reco nice the pity of carpus Christi a a contributor
~I. Advert~~n. f~c~p~e~ g . .
blications re ardin ~ec~pient's Arts Program. ~ec~p1ent
on all advertisements and pu g 9 . .
a co of al4 Reci Tent-sponsored advertising and promotion
must provide Director with py p
materiais regarding its Activities.
' ' givers. No rovision of this Agreement may be altered,
ail. ~lo~~f~cat~on and VII p
changed, modified, or waived.
' een Parties. Nothing in this Agreement shall constitute a
Ili. ~eiat~onship het
' ~ nture or rinci al-a ant relationship between the porkies.
parknersh~p, ~o~ntve p p 9
' v~r~ Reci ientshall observe and obey all applicable laws,
~lV. ompl~ance v~rth La p ,
les of the Federal, state, country and t~ity governments.
ordinances, regulations and ru
` liable revisions of the pity harl;er and the City bode
This Agreement ~ ub~ectto app p
of ordinances.
_ - eoi ientshall not discriminate, or permit discrimination
1I, N011 d~sCr~nl:nation. R p , .
of arsons as to employment or Nn the provision of
against any person or group p
Page 4 of 8
service, activities, and grogram. Discrimination a it pertain to this seotion includes
discrimination on the basis of pace, religion, rational origin, sex, disability, or age, or in
an other manner that is prohibited by the la~us o~ the ~Jnited states or the state of
]~
Texas. Director retains tho right to take action deemed necessary ~~ Director to
enforce this nog-~dicriminat~or~ oo~renant. Violation of this p~ovisian gill result in the
immediate termination ofthisAgreement.
XVI. 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 al! liability, damage, loss,
claims, demands, and ac#ions of any nature due to personal injuries
including, but not limited to, workers' compensation and death
claims, or any property loss or damage of any kind, that arises out of
or is in any manner connected with, caused by, either proximafely or
remotely, wholly or in part, or claimed to have arisen out of, been
connec#ed with, or have been caused by, any act or omissr"on,
negligence, or misconduct on the parr of Indemnitees or Recipient, or
Recipienf's agents, servants, employees, guests, contractors,
patrons, licensees, or invitees parficipating in or observing
Recipien#'s Acfivifies. Recipieni~ further agrees to indemnify and hold
harmless lndemnitees in any situation in which injury or damage
results from a violation by the lndemnltees or Recipient, or
Recipient's agents, servants, employees, guests, contractors,
patrons, licensees, or invifees, of any law, statute, ordinance, or
government order of any kr"nd. Furfher, Recipient will indemnify and
hold harmless Indemnitees where injury or damage results or arises
out of the exercise or rights or performance of obligafions creafed by
fhis Agreement.
These terms of indemnification are effective regardless of whether
said injuries or damages result from the sole negligence, contributory
negligence, or concurrent negligence of Indemnitees. Recipien# must,
at its own expense, investigate all claims and demands, a##end to their
final resolution either by settlement or otherwise, defend al! actions
wr`th counsel satisfactory to Indemnitees, and pay al! costs and
expenses relafed to such acfions on account of lfabiliiy, damage,
loss, claims, afemands, or actions, including attorney fees,
~111~. Terr~ir~a#~o~~
~A~ The pity may terminate this Agreement for any of the follo~rin reasons:
M•1i FG-oIRl.3eannielt_isa~A~mt-CCIn#nlGomp-Pianotrin~~.doc
gage of 8
a irr~mediatel terminate the Agreement dugi to any
{1 } The pity m y y
' ec~ i~ntof section X111 oral! of this agreement.
v}olat~on by R p
his A regiment due to failure by the R~cip~ent
~~~ The qty may terminate t ~ , • ~~ „ .
' he Act~v~t~es described ~n Exh~b~t ~ .Director
to substantially perform t .
' ' n to makgi the determination that grant funds sere
has the soigi d~scret~o .
. , . not fail v~rithin the ermitted appl~cat~ons of tax
used for act~v~t~es that did ~
section ~5~,101 a} ofthe Tax bode. The pity may
revenugi under ~ ,
u on thirt ~ days rittet~ nonce, speo~fy~ng
terminate the Ag reer~ent p y ~ ~
s determined that rantfunds vugire used for purposgis
thatthe Director ha
gir section a ~ , ~ 01 ~a} of the Tax bode, and
other than those allowed and
i ~ • rsethe fit all rantfunds a~vard. should
require Reo~~1e~tto re~rr~bu y . .
on a modif ication to the activities spec~f 1ed
Recipient and D~rectar agree .
. • ~ ~; ~~ ute a ~uritten modification ~n compliance Frith
in Exh~~~t A and gixgic
' gint the fit v~rill riot terminate the Agreement
section ~CE1 of this Agreem Y
• • ~ o adhere to the original, superseded contract
due to Reo~ptente failure t
terms.
' this A regiment due to Rec~i~nt' use of
~}The Doty may terminate g ~ . ,
ctivities ether than those qualifying as ~i~g~ble
grant funds to payfora ,
tion V ofthis A reerr~ent. Director has the sole
Acti~~t~es under sec 9
eterrnination that Grant funds vuere used for
discretion to make the d , , ,
. ~ . those uali in as eligible Act~vit~es. The qty may
act~vit~es other than q fY g
t u on f ou rkeen ~ 4} days v~rritten notice, and
terminate the A regimen p {
~ ' warded.
' ~ci cent to retrnburse the qty ail rantfunds a
require R p
• reementv~ithout cause upon thirty ~~0}days
~ Reo~p~entr~ayterm~nate this Ag
~ ~ A regiment,
` ~ to fit , if Rei ier~t chooses to terminate the g
r~r~tten notice y p Mere
• l1 grant funds ar~rarded, ~uhether those funds
Rec~p~entmut repay a
ex ended on eligible Activities or not,
p
• rovision of th is Ag reer~ent or its application to a
~11ii~. evera~h~~~t~. ff anyterrn or p
' fined to be ille al, unginforceabie or invalid, tl~e
erson or circumstance ~s dgiterrn g
~ ffected b that tllgigality, unginforceabil~ty, or
rgirnainder cfthis Agrer~ent~vil! not bee y
imilar le of valid, and enforceable terms vu~ll
~ nva{~d qty. To the extent possible, g ~ .
• ose that are found to be illegal, invalid, and
automatically be substituted far th
unenforceable.
n duties obii ations~ or covenants {~tno#
~I. Foree i1~a~eure~ vll~th respect to a ~ ~
re u~rea~~ ectr'or~ U1f~ to be performed, or
~rrc~~r~in tie C~rpfe~r~rr ~e~or~ ~ Y
Burin the term of this Agreement, the pay
cons~drat~on to bgi provided to gi~ther parley
' ' ble forfailure to perrorm ~rhen prevented from
o obli atgid shall, ~n no event be l1a .
g ntrol of that art ~nclud~ng, vu~thout
` sob an cause beyond the reasonable co p ]~
doing y y cation of an overnmgintal
' e lockout breakdou~n, accident, order or regu Y
l~rn~tation. str~k , ~ .. nee to obtain
' l inab~l~t b the exercise of reasonable d~iipe ,
authority, failure of supp y, Ya Y r natural
' cssa to erforrr~ services, or because of a ,
supplies, parts or employees ngi p t be
time ~rhen that duty, obl~gat~on, or covenant rnus
disaster, or otheremergenoy. The
... , . ~ .~,n~~~_in~.,.... n~.,wnCfrirsnc r~nn
Page ~ of S
F rovided ~il1 be extended for ~ periad of time
erformed or cons~derat~on must be p
~ and the control of the party obligated.
~ uivalent to the delay due to the cause hey
q
is ar re iies "comrr~unications"} pravided
ll notices demands, reques , p ~ , .
~X. Nvt~c~. A and must be
` his A regiment b ether pay must be in ~rit~ng
far or permitted under t g y ~ the
. ds; ~ eraonal dei~very, ~} de~o~t~vith
levered b one of the fallovu~ng metho ~ } p ,
de y ~ return rece~ t requested,
' staff service via certified or registered mail, P
United states Po ex ress deliver
' ~ id tele rare; 4 deposit ~vith an overnight p Y
osta a re axd, ~} preps ~ }
~ ~ p ~ ' fax transrn~ttal. Notice deposited vu~th
` for~rhich service has been prepaid; or ~5}
aerv~ce,
' anner described above ~vi11 be deemed
the United Mates Pasta! Service ~n the m
' r de oit v~ith the United States Posts! Service.
eftect~ve too ~2} business dads afte p e
five service in the manner described abov
Notice b teie rarr~ or overnight e~cpres de ry .
~ ~ ~ ansm~s~on to the telegraph
' deemed effective one ~~} business day after tr
uu~1l b deenned received upon
erni ht ex Tess carrier. ~lotice by fax gill be .
company or av ~ ~ ~ ~ mrnun~ct~ons must be
. ~ roof of deliver to the rece~v~ng party. All co
transmission ~v~tl~ p
made to:
If to pity:
pity of corpus Christi
Director, Parks Recreation
P. a. Bax 9~7~
corpus Christi, TX ~4~~-977
~~ ~ } 88a-~~~ ~
{f tv Recipient:
C.. intni. tom .for Piano 8~ Strin
Bever! Randol h President
P.a. Box 8~~43
for u Christi Teas X48
to v~rhich notice is sent by providing notice as
~~ther arty may change the address .
~ of an address change vu~th~n thirty ~~~}
described shave. Recipient must notify qty
after Reci Tent's address has changed.
day p
om lain of an act or omission an the part
i. Illl~vers. The fa~iure of either party too p , ]~ .
~ e vuiil nat be deemed a
rt na matter ho~v long the same may cont~nu ,
of the other pa y, ~ regiment. Na ~va~ver of
1 n of its r~ his a enur~erated in this Ag
~va~ver by said party of a y g ~ • ~ ment b
' ~ h of an covenant or cond~t~on of this Agree ]~
an covenant or condition ar brea
' vuill be taken to car~st~tute ~- v~a~ver of any
ither art at an time, express or ir~pl~ed, .
e p y Y . ' tand~n an indulgence of
ch of the covenant or cond~t~on. Notv~~th 9 y
subsequent brew , . ~ 't ~ ex ressl
i Tent of the rov~s~ans of this Agreerr~ent, ~ p Y
any breach by the Rec ~ p F this
' at an time avail itself of its rer~edios under
understood thatthe pity may ]~
Page ~' of 8
A reement inciudin the ri ht to terminate the Agreement an account of breach ar
~ ~ g g
default.
~~li~ Enti~e~ . This A reement and ail exhibits attached constitute the entire and sole
]~ g .
a reement between the parties regarding tha subject matter described in this
A reement. No atherritten dacur~ents or oral representatEOns w~l! have an~force ar
g
effect an the subject matter of this Agreement.
XX~II. a tiara. Theca Lions contained in this Agreement are not ~ part of this
~ p
A reement and da not in and way affect or alter the terms of this Agreer~nt,
9
XIS. Asi nment. This A reement may nat be, in whole or in past, assigned ar
~ 9
transferred directly or indirectly without priarwritten consent of pity,
Executed in du licate each of which will be considered n original, on the day
of , ~' ~
ATTESTS IT~F ~RPl~S H~iTI
Armando ~ha a, pity cretary George K. Noe, pity 1~anager
p
a~~ 4
APPROVED: r~~
Lisa Aguilar
Assistant fit Attorney
For its Attorney
~~~
~~~~~
i
w IMF„11# M~~
~~ ~~~~
STATE ~F T~~(AS
~llNTY ~F Nll~ES
. ~ ment was ackr~awled ed before me on , ~Oa , by
This ~nstru 9
eor e K. Noe fit h~ana er of the pity of corpus Christi, a Texa ame-rule
g ~ Y g
muni ~ al corparatir, o ehalf f the corporation.
Notary Public, state of Texas
Printed Name
Corr~mission E~cpires
~•:
_*~ ~ c~~,ss~a~ ~c~~~~s
;~,: ~ ~, X811
t Nye
,# ~ + +r~`11-~
ti
A~
LI.1i Crti n~g1 Innnniall ~cnl~nmt_C`.C`.~n4n~f'.mm~_~iartnfifFlnns.dn~
Page8of8
F~~ R~IPIN~'
Wr~~~~
~A~resident
~UN~Y ~F NU~~
~ , ~oa~,
~ntrur~ent ~~ ackno~u~edge~ before me erg xis
Thy ~ Cony . for Pia tr~n , ~ ~e
~itio P~eident, C..1ntr~~.
'~~ ~ ~ - . -- ~ ~ nixation under ~~ Ui.~, ecttion
r oration ual~f~ed a ~D~ ~~~~~~ orgy
non-pr~~~t oa p ~ q
~~ on behalf o~the corporation.
~~ ~!
~.
~ U~~IC, tte ~~ ~e~~ ,~~~,~r,
~] $ ~:
~~~~ ,,, ~`,~~ ~~Y ~~m~~i~sion ~~cpi~es
rated Nan1e ~~1'~+ii+~~ ~~o~~r ~ ~, ~0~9
Pry ,~.
ommiion expires
by R„t~, W
Answer Question ~~~ oar phis page or~~y.
In the ~ollowir~_p space, please write vuhat you would like the Arts and cultural vrnmission to know about
our Proposed Project the pro~eot for which you are requesting funding}. Although brevity i valued, clarity
y
and corripletene are essentials This description will be a n7ajor component utilized during the review
process.
Maximum ~~~ words, ~ ~-point #or~t.
corpus Christi International competition is dedicated to providing an international venue for
superior classicaE music, and to sponsoring an event that allows talented young musicians the
opportunity to hone their skills. vVe wish to keep the tradition of clasicai music alive in the United
States and in South Texas,le will continue this tradition with the 38th International Concerto
Competition in February ~QaB.
For 37' ears, we have held a piano and strings concerto competition open to young musicians
y ..
frorr~ around the world who qualify by the level of their perfort~ances~ The young mus~c~an chosen
then travel to Corpus Christi with (heir families, teachers and supporters-to compete against their
peers. This ornpetition benefits South Texas on a variety of levels The contestants represent the
best the world of classical music has to offer, thus presenting valuable role models far South Texas
children as well as thrilling performances for adults who attend. The Corr~petition benefits the
cor~munity financially since fudges ~fi}, accompanists ~~~, piano technician ~~ }and contestants ~4~~}
R
and their parties come into the City fror around the world and spend money ~n local hotels and
restaurants,
contestants and attender receive the opportunity to interact with musicians of international
stature, since our judges are chosen frorr~ an elite list in the musical world. The 38th International
ancerto Competition will again bring young rnusiciansfrorn four continents to receive the comments
of expert judges and to vie for over ~ ~ ,0~~ in pries.
T ~ Cor us Christi International Com etitlon I`t:~ j ~;~` ~ (~ ~~~~} i~.n~1C; ~~~~ ~~0 Cpm~etit~on
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