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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 :nt Agmt V 2-Antonio E. Garcia Arts & Ed center.doc Antonio Garcia Arts Center Page 2 of 11 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. H:\LEG-DIR\Lisa\2008 Budge02008 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts & Ed cen[er.doc Page 3 of 11 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. ~- , 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 H:\LEG-DIR\Lisa\2008 Budget\2008 Holel Tax Recipient Agmt V 2-Antonio E. Garcia Arts 8 Ed center.doc Page 4 of 11 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. H:\LEG-DIR\Lisa\2008 Butlget\2008 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts 8 Ed center.tloc Page 5 of 11 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. H:\LEG-DIR\Lisa\2000 Butlget\2008 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts 8 Ed center.doc Page 6 of 11 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 H:\LEG-DIR1Lisa\2008 8utlget12008 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts 8 Ed cen[er.doc Page 7 of 11 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 H:\LEG-DIR\Lisa\2008 Budgel\2008 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts & Ed center.doc Page 8 of 11 EXHIBIT A Description of Recipient's Activities H:\LEG-DIR\Lisa\200a Budget\2008 Ho[el Tax Recipient Agmt V 2-Antonio E. Garcia Arts 8 Etl center.doc ~n~~nio ~. ~ares~ -~x~t~ ~ 13eUa~cs~ti~ ~~l~e ~ ~5 aS S. ~ JFf C.?TIF?chsE~ ~G;`L roc ~ ~cT"~S~E " ~Q~k~~~ EF) ~~w`.Q~tPfs~ 2021 Agnes Street ^ Corpus Christi, Texas 78405 • Phone (361} 882-7837 Fax (361) 882-2712 Mazch 31, 2008 ~, a ~ a s ~ Eddie Houlihan ~' v o Assistant Budget Director w 9-"n City of Corpus Christi '{ ~' m P.O. Box 9277 .~ a y Corpus Christi, TX 78469 _ a-~ ~' '' m c Dear Mr. Houlihan, [S'1 ~"~ 0 c~ 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. -237- 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 -238- 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 -239- 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. 4 -94[l- 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 5 -241- ~J._ 1..._ _ / n ,. ,. ., .. ~ • 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. 7 -243- ~. ~~,. 1 _.,. / n 1. ,. _, .. 1 ... i 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 8 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 9 -245- 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. 10 -246- 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 11 -247- ~L.~. _.._- L_ . ,._ _ J n .. .. _ _ ... 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 12 -248- ~'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 13 -249- .. f '1 , _ i ,. r .. .. 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. 15 -251- ~r'~ 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 I 16 Page 9 of 11 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. H:\LEG-DIR\Lisa\2008 Budget12g08 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Arts & Etl center.doC Page 10 of 11 (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. H:\LEG-DIR\Lisa\2008 Butlget\2008 Hotel Tax Recipient Agml V 2-Antonio E. Garcia Arts 8 Ed center.doc Page 11 of 11 (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. H:\LEG-DIR\Lisa\2008 Butlget\2g08 Hotel Tax Recipient Agmt V 2-Antonio E. Garcia Ans 8 Ed center.tloc