HomeMy WebLinkAboutC2010-020 - 1/26/2010 - Approved~ 1
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1/14/2010
Memorandum of Understanding
Whereas, the Hotel Occupancy Tax ("HOT") funds are not projected to be available for the City
FY 2010-2011 Budget as previously funded through the annual budget process;
Whereas, the City HOT funds previously funded the nine arts and culture groups which are a party
to this MOU, who are now referred to as the "Arts and Culture Alliance";
Whereas, the Arts and Culture Alliance members have come together to make good faith effort to
supplement and/ or replace the City HOT funds,
Now, therefore, the parties to the MOU agree as follows:
Section 1. Purpose of this MOU.
The purpose of this MOU is to identify responsibilities and roles between the City and the groups
specified herein in Section 8 which have been previously funded with HOT funds. The group of
nine recipients identified in Section 8 shall be referred to as the "Arts and Culture Alliance".
Section 2. Responsibilities of previously HOT- funded organizations.
a. To develop and implement programs to secure funding to supplement and/or replace the
previously provided HOT funds.
b. To promote the funding programs.
c. To generate fund raising efforts.
d. To oversee distribution of funds.
e. To determine and approve any new members or participants after the initial three year term.
f. To provide annual report to City Council.
Section 3. Responsibilities of City
a. To serve as fiscal agent for the funds collected under this MOU.
b. To schedule utility bill for at least one annual insert, with month(s) to be agreed to by all
parties.
c. To issue checks to the participants to this MOU to remit monies received each month. The
City shall issue such check to the participants by the second Friday of the month following
the month the funds were received. Once the Alliance has established status as a 501(c)(3)
organization, the City shall then issue one check to the Alliance, and the Alliance shall be
responsible to distribute the share of funds to the participants to this MOU.
2010-020 he Arts and Culture Alliance.
Res. 028475
01/26/10
Arts & Cultural Alliance '~®~:/~-~
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1/14/2010
Section 4. Fund-raising efforts
The participants to this MOU have identified the following fund raising efforts:
a. City will include a residential utility bill insert regarding funding for the arts in the March
2010 utility bill mallout. Insert to be designed by the organizations which are a parry to this
MOU. Costs of the insert (including cost to ship inserts to City utility bill distribution
center) are to be paid by the organizations which are specified in Section 8, with each group
portion of costs equal to the percentage amount identified in Column C, Section 9 below.
b. The Arts and Culture Alliance shall inform the City Manager about additional funding
opportunities to supplement or replace the previously provided HOT funds prior to
implementation.
All marketing efforts that mention City of Corpus Christi must be pre-approved by the City
Director of Public Information Office.
Section S. Application of City HOT funds.
Participation in this MOU does not prohibit a group from submitting a separate request to the City
for City HOT funding. However, City in its sole discretion shall determine whether such
funding is available for the requested budget year.
Section 6. Term.
This MOU will continue for three (3) year(s) beginning on date of execution by City Manager.
Thereafter, this MOU may be extended for additional year upon mutual written agreement of the
parties.
Section 7. Maintenance of arts funding
Monies collected from City utility customers to fund the arts will be kept by the City in a
separate general ledger account and may only be disbursed as provided in this agreement.
Section 8. Parties receiving funding under this MOU.
The following entities are parties receiving funding under this MOU, effective upon execution
by their respective Executive Directors:
1. Texas State Museum of Asian Cultures and Education Center
2. Botanical Gardens
3. Harbor Playhouse
4. Texas A&M University-Corpus Christi, Antonio E. Garcia Arts &
Education Center (formerly known as Center for the Hispanic Arts)
5. Instituto de Cultura Hispanica
6. Arts Community Center (d/b/a the Art Center of Corpus Christi)
7. Corpus Christi Symphony
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1/14/2010
8. Texas Jazz Festival
9. Arts & Cultural Commission
Section 9. Disbursement ofArts funding
By the second Friday of each month, the City will transfer monies received in the prior month
under this MOU to the groups, in following percent amounts as reflected in column C below:
Name Column A Column B Column C
Texas State Museum of 30,000 30,000/$260,236 11.53%
Asian Cultures and
Education Center
Botanical Gardens 20,000 20,000/$260,236 7.68%
Harbor Playhouse 31,736 31,736/$260,236 12.20%
Texas A&M University-
Corpus Christi, Antonio E. 15
000 15
000/$260
236 5.76%
Garcia Arts & Education , ,
,
Center
Instituto de Cultura Hispanica 20,000 20,000/$260,236 7.69%
Art Center of Corpus Christi 30,000 30,000/$260,236 11.53%
Corpus Christi Symphony 12,000 12,000/$260,236 4.61%
Texas Jazz Festival 10,000 10,000/$260,236 3.84%
Arts & Cultural Commission 91,500 91,500/$260,236 35.16%
Total $260,236 100%
Section 10 . Addition or deletion ofMOUparticipants.
After the initial three (3) year term of this MOU, the groups listed in Section 8 above shall have jointly
determined eligibility requirements for new participants.
Section 11. Responsibility of individual MOU participants to theArts and Culture Alliance.
Each participant to this MOU shall:
1. Share expenses as well as proceeds received under this MOU. Each participant listed in Section
8 above shall share in the expenses in amount equal to the percentage amount identified in Column
C, Section 9 above.
2. Provide seed funds for marketing.
3. Actively participate in marketing efforts, such as by contributing mailing lists and providing
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1/14/2010
volunteers.
4. Positively promote the Arts and Culture Alliance.
Section 12. Timeline for completion - Deadline to respond
Each organization must provide the City Manager by January 15, 2010 with 10 originals of this MOU,
executed by an authorized representative of each organization, to indicate the organization's
agreement to participate in this MOU.
Section 13. Surplus Funding
For each year of this agreement, once the participating groups have received their funding to the
same levels as provided by the City in FY 2009-2010 identified in Column A above Section 9 ,
then the surplus funds shall be disbursed or reserved as agreed by majority of the participants to
this MOU.
Section 14. Marketing responsibilities. .
City will provide available marketing resources (in-kind) on case by case project basis.
Section 1 S. Use of the funding provided under this MOU.
Each party to this MOU shall utilize the funding provided under this MOU as follows: in
accordance with each respective organization's approved budget for operational and program
expenses that benefit local community and enhance quality of life. However, the funding
provided under this MOU shall not go towards repayment of loans. Each organization shall
submit their annual budget to the Arts and Culture Alliance and City Council. Should City
Manager determine that a participant to the MOU has failed to comply with the requirements
regarding use of funds, the funds must be repaid to the Alliance.
Section 16. Amendment
This Agreement may be amended only upon signature of an authorized representative for each
party.
Section 17. Termination
After the initial year of this MOU, a participant may terminate by submitting written notice to
the Chairperson of the Arts and Culture Alliance and the City Manager. All disbursement
percentages shall be refigured to remove the terminating entity's funds identified in Section 9
Column C above from the total funds to be collected. Once an entity terminates from this MOU,
they are not eligible to rejoin during the initial three year term.
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Agreed to by: ~ g ( 0
City of rpus Christi ~~ ~ ~ ~~~
By:
`Ang scob r, City Manager ~,.,(~ Lisa Agui r
Dat : (7 ~~~~r-L!'~ C Assistant City Attorney
ATTEST: _ For City Attorney
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Texas State Museum of Asian Cu~,~~~~0 CHAP
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By:
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Botanical Gardens ~,,,,~,.,„...„.,......, C
By: SECR TARP ~~~
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Title
Date:
Harbor Playhouse
By:
Name:
Title:
Date:
Texas A&M University-Corpus Christi, Antonio E. Garcia Arts &and Education Center
By:
Name:
Title:
Date:
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
By:
Name:
Title:
Date:
Corpus Christi Symphony
By: _
Name:
Title:
Date:
C:\Documents and Settings\Marcia\Local Settings\Temporary Internet Files\OLKSD\HOT MOU 1-8-2010
clean4.doc
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Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
South Texas Bo ~ardens Nature Center
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Harbor Playhouse
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Name:
Title:
Date:
Texas A&M University-Corpus Christi, Antonio E. Garcia Center Arts &and Education Center
By:
Name:
Title:
Date:
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
By:
Name:
Title:
Date:
Corpus Christi Symphony
By:
Name:
Title:
Date:
F:\Grants\HOT MOU 1-8-2010 clean.doc
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Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
Botanical Gardens
By:
Name:
Title
Date:
Harbor lay o se
By:
N Joel M.
Title: Executive Director
Date: January 15, 2010
Texas A&M University-Corpus Christi, Antonio E. Garcia Arts &and Education Center
By:
Name:
Title:
Date:
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
By:
Name:
Title:
Date:
Corpus Christi Symphony
By:
Name:
Title:
Date:
C:\Users\Finance\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Low\Content.IES\XHEUMOEA\HOT_MOU_ 1-8-2010_clean[ 1 ].doc
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Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
Botanical Gardens
By:
Name:
Title
Date:
Harbor Playhouse
By:
Name:
Title:
Date:
Texas A&M University-Corpus Christi, Antonio E. Garcia Center Arts &and Education Center
By: ?1 l ,~~~
Name• o elsen
Title: E c ive Vice President Finance & Administration
Date: ! p
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
By:
Name:
Title:
Date:
Corpus Christi Symphony
By:
Name:
Title:
Date:
C:\Documents and Settings\lmesser\Desktop\HOT Funds MOU 1-8-2010 clean.doc
Page 5 of 6
Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
Botanical Gardens
By:
Name:
Title
Date:
Harbor Playhouse
By:
Name:
Title:
Date:
Texas A&M University-Corpus Christi, Antonio E. Garcia Center Arts &and Education Center
By:
Name:
Title:
Date:
Instituto e C •a anica
By: _
Name:
Title:
Date: 1 ^ 12 -- '10 /(Z
Arts Community Center
By:
Name:
Title:
Date:
Corpus Christi Symphony
By:
Name:
Title:
Date:
H:\Documents and Settings\AdalLocal Settings\Temporary Internet
Files\Content.IES\Q4PTLLWO\HOT%20MOU%201-8-2010%20clean[ 1 ].doc
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Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
Botanical Gardens
By:
Name:
Title
Date:
Harbor Playhouse
By:
Name:
Title:
Date:
Antonio E. Garcia Center Arts and Education Center
By:
Name:
Title:
Date:
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
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Date.
Corpus Christi Symphony
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Title:
Date:
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C:\Documents and Settings\Anne Baker\Local Settings\Temporary Internet Files\OLK2C\HOT MOU 1-6-2010
clean (3).doc
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1/14/2010
Agreed to by:
City of Corpus Christi
By:
`Angel R. Escobar, City Manager
Date:
Texas State Museum of Asian Cultures
By:
Name:
Title:
Date:
Botanical Gardens
By:
Name:
Title
Date:
Harbor Playhouse
By:
Name:
Title:
Date:
Texas A&M University-Corpus Christi, Antonio E. Garcia Center Arts &and Education Center
By:
Name:
Title:
Date:
Instituto de Cultura Hispanica
By:
Name:
Title:
Date:
Arts Community Center
By:
Name:
Title:
Date:
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