HomeMy WebLinkAboutC2008-508 - 7/22/2008 - ApprovedPage 1 of 11
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND
ANTONIO E. GARCIA ARTS & EDUCATION CENTER ("~CIPIENT")
"rE~cRS /~~tVV~~N(YgRSi7~-c-oRPU.B C~}K,iSTj
(HOTEL OCCUP NCY TAX REVENUE
RECIPIENT AGREEMENT)
The State of Texas
KNOW ALL BY THESE PRESENTS:
County of Nueces
This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made and
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City"), acting through its duly authorized City Manager or his designee
("City Manager"), and Antonio E. Garcia Arts & Education Center ("Recipient"), a
Texas non-profit corporation, qualified as a 501(c)(3) organization under 26 U.S.C.
Section 501(c)(3).
Whereas, the City has allocated $15,000.00 in Hotel Occupancy Tax revenue ("Grant
funds") to enable Recipient to perform those activities described in Exhibit "A"
("Activities"), a copy of which is attached to this Agreement and incorporated by
reference;
Whereas, City desires to encourage and fund activities that promote the arts and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code;
Whereas Recipient desires to provide those activities that promote the arts, and in
doing so serve to promote tourism and the convention and hotel industry within the City
of Corpus Christi, as the sole or contributory producer of the activities described in
Exhibit "A" ("Activities");
Whereas, City has determined that promoting the Arts serves the purpose of promoting
tourism and the convention and hotel industry within the City of Corpus Christi.
Whereas, City has determined that there exists a genuine need for Recipient's Arts
program in the City of Corpus Christi and wishes to encourage the production of
Recipient's Arts Program through the funding of these Activities;
Now, therefore, City and Recipient agree as follows:
I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax
Revenue to fund activities produced by non-profit, community-oriented organizations,
specifically those programs that promote the arts and in doing so also promote tourism
and the convention and hotel industry within the City of Corpus Christi.
II. Term. This agreement commences on the 1st day of August, 2008 and terminates
on the 31 day of July, 2009.
2008-508
07/22/08
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Antonio Garcia Arts Center
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III. City's Duties. City agrees to pay Recipient $15,000.00 out of revenue from the
City of Corpus Christi's Hotel Occupancy Tax fund for use in accordance with Section IV
below. In no event will City be liable for an amount in excess of this grant amount.
IV. Recipient's Duties. In consideration for receipt of Grant funds, Recipient agrees
to pertorm those activities described in the attached and incorporated Exhibit "A". This
pertormance shall include those activities that are eligible for funding under Section
351.101(a)(4) of the Texas Tax Code.
V. Eligible Activities. Use of grant funds by Recipient is limited 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 art that are eligible for funding as
described in Section 351.101(a)(3) and (4) of the Texas Tax Code, copy attached
as "Exhibit B".
(C) the activities promote both tourism and the convention and hotel industry
within the City of Corpus Christi.
VI. Promotion of Tourism and the Convention and Hotel 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 may be accomplished by working to increase the
number of out-of-town program attendees through target promotion of the Art activities
described in the attached and incorporated Exhibit "A".
VII. Completion Report. Recipient must submit to the City's Director of Management
and Budget ("Director") a completion report ("Report"), no later than thirty (30) days
following the termination of this Agreement. The Director, or his designee, shall review
this Report to verify whether the Grant funding provided to Recipient was spent in
accordance with the requirements in this Agreement. The Report must include the
following criteria:
(A) Written assurance to City that all Activities funded by the City served to
promote the arts in the community. This shall be evidenced by providing the City
with a written description of Recipient's marketing or advertising strategy.
(B) 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 of Corpus Christi. This may be
accomplished by the use of a visitor log, by tallying the number of out-of-town
billings or by listing the out-of-town mailing addresses gathered through the ticket
sales process.
(C) An estimate of the total Arts Program attendance.
(D) A statement of Recipient's Arts Program revenues and expenditures.
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VIII. Records Retention. Recipient must at all times during the term of this
Agreement, and for three years following the expiration of the Agreement, keep true,
accurate, complete, and auditable records. Recipient agrees to:
(A) at least annually make periodic reports 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.
IX. Disbursement 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.
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X. Unexpended funds. Upon termination of this Agreement, Recipient must promptly
refund to City any unexpended Grant funds.
XI. Advertising. Recipient must recognize the City of Corpus Christi as a contributor
on all advertisements and publications regarding Recipient's Arts Program. Recipient
must provide Director with a copy of all Recipient-sponsored advertising and promotion
materials regarding its Activities.
XII. Modifications and Waivers. No provision of this Agreement may be altered,
changed, modified, or waived unless approved by both parties in writing.
XIII. Relationship between Parties. Nothing in this Agreement shall constitute a
partnership, joint venture, or principal-agent relationship between the parties.
XIV. Compliance with Laws. Both parties shall observe and obey all applicable laws,
ordinances, regulations and rules of the Federal, State, County and City governments.
This Agreement is subject to applicable provisions of the City Charter and the City Code
of Ordinances.
XV. Non-discrimination. Recipient shall not discriminate, or permit discrimination
against any person or group of persons, as to employment or in the provision of
services, activities, and programs. Discrimination as it pertains to this section includes
discrimination on the basis of race, religion, national origin, sex, disability, or age, or in
any other manner that is prohibited by the laws of the United States or the State of
Texas. Violation of this provision will result in the immediate termination of this
Agreement.
XVI. Indemnity. To the extend permitted by the laws and constitution of
the State of Texas, both parties agree to defend, indemnify and hold
harmless the other Party, and their respective agents, officers, and
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employees, from and against any and all liability or damages incurred in
connection with claims for damages of any nature resulting from bodily
injury, death, personal injury or property damage arising from the negligent
or willful acts or omissions of the indemnifying Party, its agents or
employees. No party to the Agreement shall be liable for any negligent or
wrongful act to the extent caused by any other party to this Agreement,
unless (and to the extent that) any such liability is imposed by a court of
competent jurisdiction.
XVII. Termination.
(A) The City may terminate this Agreement for any of the following reasons:
(1) The City may immediately terminate the Agreement due to any
violation by Recipient of section XIV or XV of this agreement.
(2) The City may terminate this Agreement upon 30 days written notice
due to failure by the Recipient to substantially perform the Activities
described in Exhibit "A", unless Recipient and City agree on a
modification to the activities specified in Exhibit "A" and execute a
written modification in compliance with Section XII of this
Agreement.
(3) The City may terminate this Agreement upon 30 days written notice
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.
(B) Recipient may terminate this Agreement without cause upon thirty (30) days
written notice to City. If Recipient chooses to terminate the Agreement,
Recipient must repay the unexpended Grant funds awarded.
XVIII. Severability. If any term or provision of this Agreement or its application to a
person or circumstance is determined to be illegal, unenforceable or invalid, the
remainder of this Agreement will not be affected by that illegality, unenforceability, or
invalidity..
XIX. Force Majeure. With respect to any duties, obligations, or covenants (but not
including the Completion Report required by Section Vll) to be performed, or
consideration to be provided to either party during the term of this Agreement, the
party so obligated shall, in no event, be liable for failure to perform when prevented
from doing so by any cause beyond the reasonable control of that party 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 supplies, parts or employees necessary to perform services, or
because of war, natural disaster, or other emergency.
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XX. Notices. All notices, demands, requests, or replies ("communications') provided
for or permitted under this Agreement by either party must be in writing and must be
delivered by one of the following methods: (1) personal delivery; (2) deposit with the
United States Postal Service via certified or registered mail, return receipt requested,
postage prepaid; (3) prepaid telegram; (4) deposit with an overnight express delivery
service, for which service has been prepaid; or (5) fax transmittal. Notice deposited with
the United States Postal Service in the manner described above will be deemed
effective two (2) business days after deposit with the United States Postal Service.
Notice by telegram or overnight express delivery service in the manner described above
will be deemed effective one (1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax will be deemed received upon
transmission with proof of delivery to the receiving party. All communications must be
made to:
If to City:
City of Corpus Christi
Director, Parks & Recreation
P. 0. Box 9277
Corpus Christi, TX 78469-9277
(361)826-3461
If to Recipient: Antonio E. Garcia Arts & Education Center
College of Education, Texas A&M University-Corpus Christi
Director of Purchasing
6300 Ocean Drive
Corpus Christi, Texas 78412
(361)825-5936
Either party may change the address to which notice is sent by providing notice as
described above. Recipient must notify City of an address change within thirty (30)
days after Recipient's address has changed.
XXI. Waivers. The failure of either party to complain of any act or omission on the part
of the other party, no matter how long the same may continue, will not be deemed a
waiver by said party of any of its rights as enumerated in this Agreement. No waiver of
any covenant or condition or breach of any covenant or condition of this Agreement by
either party at any time, express or implied, will be taken to constitute a waiver of any
subsequent breach of the covenant or condition. XXII. Entirety. This Agreement and
all exhibits attached constitute the entire and sole agreement between the parties
regarding the subject matter described in this Agreement. No other written documents
or oral representations will have any force or effect on the subject matter of this
Agreement.
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XXIII. Captions. The captions contained in this Agreement are not a part of this
Agreement and do not in any way affect or alter the terms of this Agreement.
XXIV. Assignment. This Agreement may not be, in whole or in part, assigned or
transferred directly or indirectly without prior written consent of City.
XXV. The Parties are aware that there are constitutional and statutory limitations
on the authority of Recipient (a state agency) to enter into certain terms and
conditions of this Agreement, including, but not limited to, those terms and
conditions relating to liens on Recipient's property; disclaimers and limitations of
warranties; disclaimers and limitations of liability for damages; waivers,
disclaimers and limitations of legal rights, remedies, requirements and
processes; limitations of periods to bring legal action; granting control of
litigation or settlement to another party; liability for acts or omissions of third
parties; payment of attorneys' fees; dispute resolution; indemnities; and
confidentiality (collectively, the "Limitations"), and terms and conditions related
to the Limitations will not be binding on Recipient except to the extent authorized
by the laws and Constitution of the State of Texas. Neither the execution of this
Agreement by Recipient nor any other conduct, action, or inaction of any
representative of Recipient relating to this Agreement constitutes or is intended
to constitute a waiver of Recipient's or the state's sovereign immunity to suit.
XXVI. The dispute resolution process provided in Chapter 2260, Texas
Government Code, and the related rules adopted by the Texas Attorney
Gene34ral pursuant to Chapter 2260, shall be used by Recipient and the City to
attempt to resolve any claim for breach of contract made by City that cannot be
resolved in the ordinary course of business. City shall submit written notice of a
claim of breach of contract under this Chapter to Director of Purchasing of
Recipient, who shall examine City's claim and any counterclaim and negotiate
with City in an effort to resolve the claim.
Exec ted in duplicate, each of which will be considered an original, on the ~ day
of , 2009.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
AP`pPROVED: , 2009
>Z..vvi, ~n~.~a
/~ z~~~..
i y Manager
Lisa Aguilar U
Assistant City Attorney
For City Attorney
eY COURCIL
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TEXAS A&M UNIVERSITY -CORPUS CHRISTI
Judy a al, it ctor of Purchasing
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~ a , 2009, by
Judy Harral, Director of Purchasing ,Texas A&M niversity- orpus Christi, a member
of the Texas&M University System, an agency of the State of Texas.
Nota Public, State of Texas
~ne~ 1,x,1/arn5
Printed Name
Commission Expires 3'.2~ ~~9
~. wtN~ wutu~Ms
~•''~ ~~' Notary plc, Sfefe of Tsxq
Cow Expkb
~n `.March 21, 2009
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EXHIBIT A
Description of Recipient's Activities
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2021 Agnes Street ^ Corpus Christi, Texas 78405 • Phone (361} 882-7837 Fax (361) 882-2712
Mazch 31, 2008
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Eddie Houlihan ~' v o
Assistant Budget Director w 9-"n
City of Corpus Christi '{ ~'
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P.O. Box 9277 .~
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Corpus Christi, TX 78469 _
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Dear Mr. Houlihan,
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The Antonio E. Garcia Arts & Education Center again, is requesting funding and
resubmitting the attached proposal for the building maintenance & security for its facility.
The Garcia Center respectfully requests the continued allocation of $15,000 for utilities
assistance and security needs.
Funds that have previously been allocated to our center have played a pivotal role in
assistance with continuation of our center's programming. The funding has allowed the
center to be able to showcase to our local and visiting public the strong cultural strengths
of our community. A strong working relationship continues between Texas A&M
University- Corpus Christi's College of Education who oversees the management of
programs at the Garcia Center, and the South Texas Institute for the Arts (STIR).
Enclosed for your review is an estimated operating budget for the Antonio E. Garcia Arts
& Education Center and the associated utilities and security expenses that your funds
help to provide. Also included is a brief description of each of the current programs
offered at the Gazcia Center and a copy of Texas A&M University- Corpus Christi's 2007
financial statements.
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We look forwazd to our continued partnership. City support, coupled with local and
federal grants, and our affiliation with Texas ABcM University- Corpus Christi, provides
a unique partnership that makes available much needed services that benefit citizens of
all ages living in and visiting our city.
We appreciate the past commitment by City leadership to ensure that Corpus Christi has
fine arts and family wellness programming for its citizens. Please feel free to contact us
with any questions or concerns you may have regazding our request. Thank you for your
consideration.
Sincerely,
~/
Dr. Roberto Garcia
Director, Antonio E. Gazcia Arts & Education Center
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City of Corpus Christi
FY 2007-08
APPLICATION FOR USE OF HOTEL OCCUPANCY TAX FUNDS
Organization Name: Antonio E. Garcia Arts & Education Center
College of Education
Texas A&M University- Corpus Christi
Event/Facility for Which Funds are Requested:
Maintenance and Utilities Assistance for the Antonio E. Garcia Arts & Education Center
Total Number of visitors/attendees in the previous calendar year:
Number of visitors/attendees who were from out of town:
Number of visitors/attendees who stayed in CC hotel:
Total annual operating budget (most recent year):
Amount of Funding requested for next fiscal year:
13,215
Approx. 700
Approx. 70
$336,500.00
$15,000.00
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City of Corpus Christi
FY 2008-09
APPLICATION FOR USE OF HOTEL OCCUPANCY TAX FUNDS
Organization: Antonio E. Garcia Arts & Education Center
Colle a of Education
Texas A&M University- Corpus Christi
1. How will funding requested enhance the promotion of tourism and the convention and
hotel industry in Corpus Christi?
The Antonio E. Gazcia Arts & Education Center is located on 2021 Agnes and is
operated by Texas A&M University's College of Education in close partnership with the
South Texas Institute for the Arts (STIA). The Garcia Center hosts a number of events
throughout the yeaz that include anArts-Alter-School program, the Life Enhancement &
Academic Direction (LEAD) program, Friday Family Night Out events, and summer arts
and leadership camps.
The Antonio E. Garcia Arts Education Center also serves as a destination for
visitors and tourists to view artwork by accomplished Mexican-American and Mexican
artists and serves as a Hispanic Cultural Center for the community. The Center regulazly
serves as a venue for city-wide traditional celebrations such as Dia de los Muertos, Cinco
de Mayo, Dies y Seis de Septiembre and an annual Cesar Chavez mazch. These cultural
events attract large numbers of Corpus Christi citizens as well as many others from out of
town.
By providing funding for programming at the Garcia Center, the City is not only
supporting the cultural development and education of its community members, but it is
also promoting family and social stability that assure the safety of our streets, our
neighbors and our visitors.
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2. Identif> nlarketi~sg strategies that will be used to stimulate tourism, convention and hotel
activities.
The Garcia Arts & Education Center, with help from the Art Museum of South
Texas, presents quality visual arts exhibits and education programs in the visual and in
the performing alts. Al] programs and events are publicized through local print, radio
and television media. In addition, a number of marketing activities specifically target the
out-of--town visitor. Samplings of those include:
• Listings in AAA, Texas Highways; Travel Guides and Visitors Guide for the
Coastal Bend
• Participation in the "Land and Sea" partnership during February for free
admission to six local attractions for the price of one membership
• Programs amiouncements and live interviews on local television stations
including, but not limited to; the KIIITV morning show and the "Domingo"
show.
• Monthly listing in Gallery Guide distributed statewide to other museums
• Participation in Convention and Visitor Bureau's tabloid in the San Antonio
Express and in CVB tourism maps
• Rack Cards in cooperation with the Museum of Science and History circulated
through Certified Folder to region including Rio Grande Valley, San Antonio,
Austin and Houston
• Listings in Kid's Activities in Corpus Christi Kids publication and other
shopper publications
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• One of two ads per year in statewide magazines such as Texas Monthly and
Houston-based Artlies
• Packets to convention organizers offering tours and discount packages
• Maintain websites at www.Qarciacenter.tamucc.edu and www.STlA.ore
which receives approximately 40,000 hits per month. Linked to CVB and to
CorpusChristiDaily. com
• Press releases on exhibitions and education programs to local and statewide
media on various functions held at the center
• Free admission
3. What is the market area, outside of the Coastal Bend, that is targeted by these strategies?
All press releases and calendars of activities are distributed to statewide media
and national arts publications. Additional emphasis is placed on regional distribution of
rack cards, discount coupons and other promotions to San Antonio, Austin, Laredo and
the Rio Grande Valley. The above mentioned websites, www.¢arciacenter.tamucc.edu
and www.STIA.or¢, are also available for viewing by anyone that has Internet access
anywhere in the country.
Reduction in Funds
A reduction often percent in the funds received from the City would necessitate
efforts by the center's staff to try to raise the funds elsewhere. This funding is essential
to the programs offered at the Garcia Center because it helps to cover the cost of utilities
and the cost of having security guards present, both essential services to the success of
our prograns.
_~n~_
Antonio E. Garcia Arts & Education Center
List of Programs
The Garcia Center offers an array of services that are beneficial for the
community acid the visitors of our City. Such services include art programs that support
the promotion of the members' cultural and artistic heritage and the opportunity to share
their legacy with out of town visitors. These programs enhance family pride and unity.
Other programs offered at the Garcia Center are intended to support family wellness.
These programs assist families to improve the quality of their lives through services
offered by TAMUCC doctoral and masters level students.
ART PROGRAMS
Recent Gallery Exhibits
"Children of Children"- Michael Nye (Sept. 17- Oct. 20)
"A Sense of Place"- Various Photographers (Sept. 17- Oct. 20)
"Wildlife Art"- Art Museum of South Texas (Oct. 22- Dec. 22)
"The Heart Gallery" (January 2008)
Arts-After-School Proeram
Goal: The Arts After-School program provides neighborhood students with tutoring
services and opporhrnities to participate in arts activities after school.
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Attendance: approximately 25-35 students grades K-5 each week for 36 weeks, 40 each
week during the sumtner. All participates from immediate neighborhood of
Gazcia Center.
Activities: University students provide tutoring, lead children in arts activities and serve
as mentors for neighborhood students. The participants receive hot meals two
times a week as part of a program with the Corpus Christi Food Bank.
Location: Gazcia Center
Clav Sculpting Classes
Goal: This program offers free clay sculpting instruction to youth and/or adults on
Saturday aftemoons.
Attendance: Approximately 12 children, ages 5-12, and their parents or guardians attend
each week.
Activities: The clay sculpting classes are offered on Saturday aftemoons and are free of
charge to neighborhood families. The program includes basic clay sculpting instruction
and pinch-pot techniques and allows young artist the opportunity to learn about the
process of firing their clay works. Instruction is currently provided by local artists that
volunteer their time.
Location: Gazcia Center
Summer Art Camus
Goal: Summer art camps are designed to develop lasting relationships with families and
grow the membership throughout the year and provide students opportunities to
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enjoy their artistic sides. Dance, performance and visual art activities aze offered
to youth each surmner and to students on holiday break by request.
Attendance: Approximately 250 children at the Garcia Center location, ages 5-12. Up to
100 scholarships are available for the summer camps.
Activities: The fine arts summer camps at the Gazcia Center are asix-week series of
camps, alternating between one and two weeks, which provide both visual and
performing arts five days a week. The children (ages 5 to 12 yeazs) aze divided
into two groups. The groups, ages 5 to 7 and 8 to 12, learn a variety of art
disciplines. At the end of a camp session, each group exhibits the artwork they
created and perfonns in a perfonmance for family and friends. Curriculum and
fonnat are the same as at the Art Museum with the Garcia Center location serving
neighborhood children. The current version of summer art camp has been in
existence since 1997. Since then, certain sessions of camp have become so
popular, they are now offered two different times tlu-oughout the sununer.
Location: Garcia Center & Art Museum
Que Pasa Oven Mic
Goai: This program is designed to provide high school age students with a venue to
share their talents with the community.
Attendance: Approximately 25 to 50 people attend the monthly events. We hope that
this number will increase significantly during the upcoming year.
Activity: Que Pasa Open Mic is designed to: allow our young local performers a place to
explore and develop their talents. Students are invited to the center one Friday
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night per month to read their own poetry, try their hand at reading someone else's
or share their musical or dancing talents. The sessions aze open to all students
from the surrounding school districts. Que Pasa provides young students in our
community an avenue to help cultivate, nurture, and foster their creative and
artistic talents.
Location: Garcia Center
Sundav Family Fundavs
Goal: Sunday Family Fundays strive to attract fami]ies to the Garcia Center and the Art
Museum and to art education programs. To build family ties as families
experience programs together.
Attendance: 1,000-4,000 youth and families annually
Activities: Six "Fundays" are held each year with themes related to exhibits or cultural
events. "Fundays" offer creative art activities and visual art performances for the
whole family. Refreshments are served to add a festive atmosphere. A recent
successful Family Day featured artist and children's book author, Carmen Lomas
Gazza. The South Texas Institute for the Arts partnered with the Corpus Christi
Public Library, which resulted in a Family Day with over 1,000 visitors.
Location: Art Museum and Garcia Center
Dance Classes (Folklorico & Modern Hiu Hoo Dancel
Goal: The dance classes aze designed to provide students an avenue for establishing
healthy exercise routines and eventually healthy life-long lifestyles.
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Attendance: Approximately 250 children participate in these groups during the span of
a year.
Activities: Students attend practice for folkorico dance and hip hop instruction several
days during the week. They raise monies through fundraisers throughout the year
in order to travel to different places throughout the country and compete against
other students.
Location: Garcia Center
FAMILY WELLNESS PROGRAMS
Life Enhancement & Academic Direction (LEAD) Program
Goal: The LEAD progam is designed to combat the disproportionately high rates of
school dropouts, alcohol and drug abuse, lack of parental involvement, and
victimization of youth in the Coastal Bend area.
Attendance: Approximately 200 students, ages 12 to 18, and their families.
Activities: The initial program included three components: (1) Family Connectivity, (2)
Healthy Interactions, and (3) Academic Success. The Family Connectivity
component addresses the reduction of familial stressors by providing family
enrichment and anger management seminars and sponsoring weekly healthy
family alternative programming. The Healthy Interactions component addresses
issues of participant and familial substance abuse, participant victimization, and
inadequate coping skills by providing assessment, counseling, and
prevention/intervention programs. The Academic Success component addresses
academic issues through weekly group sessions in which students participate in
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schooUcazeer related activities and.participants with tutoring and mentoring. The
curriculum for each program is designed and implemented by TAMUCC's
College of Education doctoral and masters level students.
Location: Gazcia Center
An¢er Management Training
Goal: The anger management sessions are designed to help students with high levels of
aggression or anger learn how to control their emotions.
Attendance: Approximately 150 students per yeaz working in groups.
Activities: Students learn how to understand and manage their feelings and are provided
with tools to avoid escalating negative feelings so as to avoid serious
confrontations with their peers, teachers, and family members. They are taught
skills that enable them to control their anger in the face of a conflict. Students
develop their ability to understand the perspective of others, to "put themselves in
someone else's shoes." They are taught to be awaze of their emotional and
physical states when they are angry. To help students learn self-control, some
relaxation teclmiques are taught. Activities include group discussions, role-
playing, modeling of appropriate behaviors, and simulation games. The program
usually consists of 12 sessions in a span of six weeks and the curriculum for each
program is designed and implemented by TAMUCC's College of Education
doctoral and masters level students.
Location: Garcia Center
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~'outh Leadership Academv
Goal: The Youth Leadership Academy aims to develop interpersonal leadership
qualities in at-risk or court-referred youth. The leadership development
curriculum includes experiential learning through group activities.
Attendance: Approximately 25 students ages 13-18.
Activities: Students develop and utilize interpersonal leadership through activities that
include a visit to a ropes challenge course, reflective joumaling, individual and
cohort counseling services, mentoring, and presentations by community leaders.
The six-week program is delivered by TAMU-CC's College of Education
doctoral students and faculty.
Location: Garcia Center
Family Fun Night
Goal: Family Fwi Night progranuning provides families with an evening of healthy
entertaiiunent while offering them a safe place to foster family communication.
Attendance: Approximately 400 children all ages and their families.
Activities: The program provides families an opportunity to spend time together and
participate in a variety of activities that encourage family communication. These
events are held every other Friday Night and program curriculum is delivered by
TAMUCC's College of Education doctoral and masters level students. A free
dinner is provide for program participants.
Location: Garcia Center
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The Happ)~ Kitchen
Goal: This program provides nutritional awareness information in order to prevent the
risk factors associated with widespread and escalating diseases such as diabetes
a~~d high blood pressure.
Attendance: Approximately 100-200 families.
Activities: A nutritionist provides family food members (those responsible with
preparing meals) with nutritional information, great shopping tips, and recipes for
easy, healthy meal preparation. While mom and/or dad are receiving these tips,
an exercise instructor works with their children to help them develop healthy
eating and exercise habits.
Location: Garcia Center
Fitnessl~n Program
Goal: This program provides low-income Hispanic families living in Corpus Christi with
a curriculum/exerciseprogrgm to combat the effects of a sedentary lifestyle.
Attendance: Approximately ten to twelve fannies participate every ten weeks.
Activities: The FitnessFun program is a free health program for low-income Hispanic
fannies living in Corpus Christi. FitnessFun is grounded on the Healthy People
2010 national health objectives and aimed at increasing physical activity while
reducing sedentary behavior. The program includes an exercise component, a
nutrition component and a health education component. The program provides
low-income families in Corpus Christi with a safe environment to partake in
fitness activities, nutritional education, and access to strategies for developing
healthier lifestyles. FitnessFun community partners include the Coastal Bend
14
Health Education Center, the American Heart Association, and the Corpus Christi
Food Bank.
Location: Gazcia Center
Family Health Fair
Goal: This annual event is held annually in an effort to provide the community with
health-related resources and services.
Attendance: Approximately 400 people attend the event every year.
Activities: The .Antonio E. Garcia Arts Education Center, through funding from the
Nueces County Commissioner's Court and with the help of Dr. Jana Sanders
Early Childhood education undergraduate class, held its first annual Family
Health Fair last March. The event included a variety ofhealth-related activities
and information booths for families from 10 neighboring elementary schools.
Event contributors included the Texas A&M University- Corpus Christi Early
Childhood undergraduate students, the Corpus Christi Food Bank, Driscoll
Children's Hospital, the Coastal Bend Blood Center and many others.
Location: Garcia Center
This year, the second annual Family Health Fair will be held on March 8, 2008.
Westside Business Association's tWBA) Navidad de Los Ninos
Goal: This event provides the neighborhood children with an opportunity to participate
in holiday festivities associated with the season of giving.
Attendance: Approximately 750-1200 children and their families annually.
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Activities: This holiday event includes book giveaways, children's activities,
refreshments, family fun, and an opportunity to take a photo with Santa Claus.
The event is free and open to the public. Last year an estimated 2,500 people
attended the event.
Location: Garcia Center
Cesar E. Chavez March
Goal: This event is held annually to honor Cesar E. Chavez, the Mexican American
labor activist and leader of the United Farm Workers and promote awareness of
his non-violent principals that helped many migrant farm workers through out the
United States.
Attendance: 250-500 people attend this event annually.
Activities: This is an annual event. Over the past six years, annual marches have taken
place with the Garcia Center serving as a final destination for attendees.
Location: Garcia Center
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EXHIBIT B
Texas Tax Code
§ 351.101. USE OF TAX REVENUE.
a) Revenue from the municipal hotel occupancy tax may be used only to promote
tourism and the convention and hotel industry, and that use is limited to the following:
(1) the acquisition of sites for and the construction, improvement,
enlarging, equipping, repairing, operation, and maintenance of convention center
facilities or visitor information centers, or both;
(2) the furnishing of facilities, personnel, and materials for the
registration of convention delegates or registrants;
(3) advertising and conducting solicitations and promotional programs
to attract tourists and convention delegates or registrants to the municipality or its
vicinity;
(4) the encouragement, promotion, improvement, and application of
the arts, including instrumental and vocal music, dance, drama, folk art, creative writing,
architecture, design and allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of these major art forms;
(5) historical restoration and preservation projects or activities or
advertising and conducting solicitations and promotional programs to encourage tourists
and convention delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention center
facilities or visitor information centers; or
(B) located elsewhere in the municipality or its vicinity that
would be frequented by tourists and convention delegates;
(6) for a municipality located in a county with a population of one
million or less, expenses, including promotion expenses, directly related to a sporting
event in which the majority of participants are tourists who substantially increase
economic activity at hotels and motels within the municipality or its vicinity; and
(7) subject to Section 351.1076, the promotion of tourism by the
enhancement and upgrading of existing sports facilities or fields, including facilities or
fields for baseball, softball, soccer, and flag football, if:
(A) the municipality owns the facilities or fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or less; or
(ii) has a population of at least 65,000 but
not more than 70,000 and is located in a county that has a
population of 155,000 or less; and
(C) the sports facilities and fields have been used, in the
preceding calendar year, a combined total of more than 10 times for district, state,
regional, or national sports tournaments.
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(b) Revenue derived from the tax authorized by this chapter shall be expended in a
manner directly enhancing and promoting tourism and the convention and hotel industry
as permitted by Subsection (a). That revenue may not be used for the general
revenue purposes or general governmental operations of a municipality.
(c) The governing body of a municipality by contract may delegate to a person,
including another governmental entity or a private organization, the management or
supervision of programs and activities funded with revenue from the tax authorized by
this chapter. The governing body in writing shall approve in advance the annual budget
of the person to which it delegates those functions and shall require the person to make
periodic reports to the governing body at least quarterly listing the expenditures made
by the person with revenue from the tax authorized by this chapter. The person must
maintain revenue provided from the tax authorized by this chapter in a separate account
established for that purpose and may not commingle that revenue with any other
money. The municipality may not delegate to any person the management or
supervision of its convention and visitors programs and activities funded with revenue
from the tax authorized by this chapter other than by contract as provided by this
subsection. The approval by the governing body of the municipality of the annual
budget of the person to whom the governing body delegates those functions creates a
fiduciary duty in the person with respect to the revenue provided by the tax authorized
by this chapter.
(d) A person with whom a municipality contracts under this section to conduct an
activity authorized by this section shall maintain complete and accurate financial records
of each expenditure of hotel occupancy tax revenue made by the person and, on
request of the governing body of the municipality or other person, shall make the
records available for inspection and review
to the governing body or other person.
(e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be
spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and
other administrative costs only if those administrative costs are incurred directly in the
promotion and servicing expenditures authorized under Section 351.101(a). If a
municipal or other public or private entity that conducts an activity authorized under this
section conducts other activities that are not authorized under this section, the portion of
the total administrative costs of the entity for which hotel occupancy tax revenue may be
used may not exceed the portion of those administrative costs actually incurred in
conducting the authorized activities.
(f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to
attend an event or conduct an activity the primary purpose of which is not directly
related to the promotion of tourism and the convention and hotel industry or the
performance of the person's job in an efficient and professional manner.
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(g) Nothing in this section shall prohibit any private entity, person, or organization from
making subgrants by contract to any other person, entity, or private organization for
expenditures under Section 351.101(a)(4). A subgrantee shall:
(1) at least annually make periodic reports to the governing body of its
expenditures from the tax authorized by this chapter; and
(2) make records of these expenditures available for review to the
governing body or other person.
Added by Acts 1987, 70th Leg., ch. 191, § 1, eff. Sept. 1, 1987. Amended by Acts
1989, 71st Leg., ch. 2, § 14.24(a), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1110, §
4, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 680, § 3, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 1027, § 1, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 755, § 1, eff.
June 13, 2001; Acts 2001, 77th Leg., ch. 1308, § 3, eff. June 16, 2001; Acts 2003,
78th Leg., ch. 209, § 90, eff. Oct. 1, 2003; Acts 2003, 78th Leg., ch. 303, § 1, eff. June
18, 2003; Acts 2005, 79th Leg., ch. 1247, § 1, eff. June 18, 2005.
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