HomeMy WebLinkAboutC2013-279 - 6/19/2013 - NA A"r
CORPUS
CHRISTI
PARK5&
RECREATION
Date: June 17, 2013
To: Ronald L. Olson, City Manager
Through: Susan K. Thorpe, Assistant City Manager
Through: Jody D. Leake, Assistant City Attorney
From: Michael Morris, Director`M-M
Re: Renewal of MOU with Arts & Cultural Alliance
In 2010, following Hotel Occupancy Tax (HOT) fund line item reductions to 9
arts organizations, the 9 arts organizations formed the Arts & Cultural
Alliance (ACA) to supplement and/or replace the City HOT funds. The City
entered into a Memorandum of Understanding (MOU) with the ACA to
support the utility bill campaign, `Check Yes' for the arts. The MOU expired
January 29, 2013.
The attached Memorandum of Understanding replaces the expired MOU with
the following changes:
- The Arts & Cultural Alliance will obtain and maintain a 501c3 status
within one year of the execution of the MOU
- All 9 organizations will receive an equal distribution of utility bill
proceeds (previously, the % received was based on the % the arts
organization had received from the HOT fund)
Approved:
m�
As sta Cit. Attorney Date
Assistant City Manager Da e
2013-279
6119/13
Arts & Cultural Alliance
INDEXED
Page 1 of 4
Memorandum of Understanding
Whereas,the Hotel Occupancy Tax("HOT')funds are not projected to be available for the City of
Corpus Christi(hereinafter City) in the FY 2012-2013 Budget;
Whereas,the City HOT funds previously funded the nine arts and culture organizations which are
a party to this Memorandum of Understanding(hereinafter MOLD;
Whereas the nine organizations identified in Section 8 now make up the"Arts and Cultural
Alliance"(also"Alliance").
Whereas the Arts and Cultural Alliance members have come together to make a good faith effort
to supplement and/or replace the City HOT funds;
Now, therefore, the parties to this MOU agree as follows:
Section 1.PuMose o this OU.
The purpose of this MOU is to identify responsibilities and roles between the City,the Arts and
Cultural Alliance and the organizations that make up the Arts and Cultural Alliance.
Section 2. Responsibilities of individual MOU participants.
a. To elect a Chairperson of the Arts and Cultural Alliance.
b. To actively participate in et` efforts(e.g., contributing 1` lists and providing
volunteers).
c. To positively promote the Arts and Cultural Alliance.
. To provide seed funds for marketing.
e. To promote the funding programs.
f. To generate fund raising efforts.
g. To determine and approve any new members or participants after the initial ee year term.
ectio of ilities o GV.
a. To schedule utility bill for at least one annual donation insert, with o (s)to e agreed
to by all parties.
serve as initial,fisc agent for the fimds collected by the utility insert
C. To remit monies received by the issuance of check to the participants tot this MOU
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through the Arts and Cultural Alliance.
d. To provide City liaison to the Arts and Cultural Alliance.
Section 4.Rggonsibifilies oftheAlliance.
a. To obtain 501(c)(3) status within one year of the execution of this MOU by the City
Manager.
b. To, once obtained, maintain 5 01(c)(3) status for as long as this MOU between the Alliance
and the City is in effect.
c. To distribute funds equally to the organizations
d. To provide annual reports to City Council, including financial reports with documentation,
annual proof of 501(c)(3)status maintenance (e.g. first page of IRS Form 990,990 PF, 990
EZ or 990-N), and any other annual report that may be requested.
Section S. 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 a 2013 utility
bill mail out. The insert is to be designed by the organizations which are a party to this
O . Costs of the insert(including cost to ship inserts to City utility bill distribution
center)are to be born equally by the organizations which are specified in Section 8.
b. The Arts and Cultural 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 6.Application of City HOT fiends.
Participation in this MOU does not prohibit an organization from submitting a separate request to
the City for City HOT funding. The City, in its sole discretion, shall deten-nine whether such
funding is available for the requested budget year.
Section Z TernL
This MOU will continue for three (3)years beginning on date of execution by City Manager.
Thereafter, this MOU may be extended for additional years upon mutual written agreement of the
parties.
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Section 8.Maintenance of 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 9.Pardes,rece4kg Lund
in&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. histituto de Cultura.Hispanica
6. Arts Community Center(dba the Art Center of Corpus Christi)
7. Corpus Christi Symphony
8. Texas Jazz Festival
9. Arts & Cultural Commission
Section 10. Disbursement oLArts funding
By the second Friday of each month,the City shall transfer monies received in the prior month to
the Alliance. The Alliance shall distribute that sum in equal portions to the organizations that
comprise the Alliance
Section 11,Addition or deletion o[MOUggE participants.
After the initial Three(3)year term of this MOU,the organizations listed in Section 8 shall have
jointly determined eligibility requirements for new participants. Such eligibility requirements shall
be put into writing. One copy of the eligibility requirements shall be delivered to the City Manager
bearing the signature of the Executive Director of each organization and the Chairperson of the
Alliance.
Section 12,Timeline for coaWletion—Deadline to respond.
The Executive Director of each organization must provide the City Manager with a signed original
of this MOU as evidence of the organization's agreement to participate in this MOU. This signed
MOU must be received by the City Manager's office within 30 days of the execution of this MOU
by the City Manager.
Section 13 Sur d
Rlus Fuiin L
Any surplus funds shall be disbursed or reserved as agreed by the majority of the organizations
participating in this MOU.
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Section 14 Marketing responsibilities.
City may provide available marketing resources at the request of a participant of this MOU.
Section 15 Amendment;
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU, a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance,found in Section 4,shall result in the termination of this MOU and further funding of the
Alliance.
Section 18 Counterparts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO Y:
City of Corpus Christi e on e Alliance
Ronald L. Olson, City Manager Name:_.................... .......:........ . ..m , ... ,,,,,.......,
By
Date: .�.� .................................... �..,,------ ate: ,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, � ,,,,�,,,,,,, -, „ ,,,�,,,,,, ,,,,,, ,,,,,
Organization:
Approved s +
By:
Title ..�..... . .. �.... ,....,.�............................................... — ASSIS nt City ttorney
Date For City Attorney
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Section 14 Marketing LgWonsibifities.
City may provide available marketing resources at the request of a participant of this MOU.
Section 15 Amendment
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU, a participant may terminate ftirther participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of ffirther disbursements. A material breach of the duties of the
Alliance, found in Section 4, shall result in the termination of this MOU and finther funding of the
Alliance.
Section 18 Counterparts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO BY:
City of Corpus Christi Chairperson of the Arts and Cultural Alliance
Y® By-
RonaldL. Olson, City Manager Name:...................................................................................................................................................................................
Date: Date:
Organizati .,n:
Q.4
BY:
e. .............................
Name: Approved as to forrn:-44 3
Title:
Date:
is�lst t ty orney
For City Attorney
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Section 14 Marketing res onsibilities.
a_
City may provide available marketing resources at the request of a participant of this MOU.
Section 15Amendment.
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section.16 Termination.
After the initial year of this MOU, a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Lection 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of her disbursements. A material breach of the duties of the
Alliance, found in Section 4,shall result in the termination of this MOU and further funding of the
Alliance.
Section -18 Counter arts.
MOU may be executed in multiple counterparts,each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
Approved as to form:e4 I 11-1j.5
AGREED TO BY:
��Assistant Ci orney
City of Corpus Christi For City Attorney Chairperson of the Arts and Cultural Alliance
By: By:...................................................................................................................................................
Ronald L. Olson, City Manager Name:
Date: Date: .........................................
O ' i'�
rganizat n fa n i o
W: -------------- C�; C.I a— E
By: I 0
_
, ' efK-2a&�10-
Name.
Title:
r
Date:
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Section 14 Marketing responsibilities.
City may provide available marketing resources at the request of a participant of this MOU.
Section 15Amendent.
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Terndnation.
After the initial year of this MOU,a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance, found in Section 4, shall result in the termination of this MOU and further funding of the
Alliance.
Section 18 Counter arts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO Y:
City of Corpus Christi Chairperson of the Arts and Cultural Alliance
By: ---------------- y......................................
Ronald L. Olson,City Manager Name:µ--- -----------
ate: mm........................ M.M.µ............................................. ate: ...........................................................w..
Organization: / , / rx r PIN
By: Approved as to form. I
Name:
Title:
Date: eel
® Assistant Ci ttorn
For City Attorney
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Section 14 Marketing rcs
ponsibilide s.
City may provide available marketing resources at the request of a participant of this MOU.
Section IS Amendment.
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU,a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of fin-ther disbursements. A material breach of the duties of the
Alliance, found in Section 4, shall result in the termination of this MOU and finther funding of the
Alliance.
Section 18 Counterparts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO BY:
City of Corpus Christi Chairperson of the Arts and Cultural Alliance
By: �� ...............- ................................................................................................................................................ By: .............................................................................
RonaldL. Olson,City Manager Name:.............................................................................................................................................. .........
Date: Date:
0 r g am ion: ApproVed 218 tO far M14V13
_B '7m e, s Istant Uty WRY
'nj
y:
Name: ssistant Gi ttorney
Tide: For City Attorney
Date:
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Section 14 Mar S res retina onsibilities-
_p
City may provide available marketing resources at the request of a participant of this U.
!jeclion 15 Amendment.
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors, The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU, a participant may ten-ninate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section I7 reach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance, found in Section 4, shall result in the termination of this MOU and further funding of the
Alliance.
Section 18 Counterparts.
_
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO BY:
City of Corpus Christi Chairperson oft e Arts and Cultural Alliance
By: By: ............................................................................................................................................................................ .......................
Ronald L. Olson, City Manager Name:
Date: Date:
Approved as to form:-L*j
Orga�nizati n: -JZAV13-4"-1AffA5 We &A"'t
By:
Name: c-A sist nt 01 Attorney
otce. e q y wA-A"
Title: 4'-JA ewA'-0.1 For City Attorney
Date:
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Section 14 Marketin responsibilities.
City may provide available marketing resources at the request of a participant of this MOU.
Section 1SAmendment
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU,a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance, found in Section 4,shall result in the termination of this MOU and further funding of the
Alliance.
Section 18 Counterparts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together,shall constitute but one and the same instrument,which may be
sufficiently evidenced by one counterpart.
A .
City of Corpus Christi Chairperson o:&the Arts and Cultural Alliance
Y® By:..........._
Ronald , City Manager e: „...........
Date:
Organization: 1 l
® Approved as to :
, '
ate: y t sis ntGItyVAftorneF
For City Attorney
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Section 14 MarkalLng responsibilities.
City may provide available marketing resources at the request of a participant of this MOU.
Section 15Amendment.
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Section 16 Termination.
After the initial year of this MOU,a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance, found in Section 4,shall result in the termination of this MOU and further fitnding of the
Alliance.
Section 18 Counter arts.
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrument, which may be
sufficiently evidenced by one counterpart.
AGREED TO BY:
City of is ' Chairperson of e Arts and Cultural Alliance
:..
Date: ate:
Organization, or ' r� k.
Approved to
Y
Name: A\N,
Title: " xc raga" rAssist nt City Morney
ate:. t a I 1 For Uy Afforney
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Section 14 MarkefinA res A onsibififies.
_
City may provide avails ble marketing resources at the request of a participant of this MOU.
C2
&ecdoa 75 Amendineg
Proposed amendment to this MOU may be offered to die City Manager only upon agreement by
each of die Executive Directors. The City Manager shall then determine he her the proposed
amendment will be adopted.
Lection 16_Terneination-
After the initial year oft is MOU, a participant may terminate her participation by submitting
written notice to die Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbiusements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Secdon 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of flie duties of die
Alliance,found in Section 4, shall result in the termination of this MOU and further funding of the
Alliance.
Section 18 CounI
ter aity.
This y be executed in multiple counterparK each of which is deemed an original, and
all of which taken together, shall constitute but one and the same instrimient, which may be
sufficiently evidenced by one counterpart.
AGREED TO BY-.
City of Corpus Christi Chairperson of the Arts and Cultural Alliance
By: By
Ronald L. Olson, City Manager Name:
Date: Date.,
Approved as to VM4413
Orgam, tc ms JA-Z
By:
Name:
-ney
Title: Assistant C11 ffoi
i � r Z nt City Attorney
Date: For M Attorney
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Section 14 Markednj M onsibffldes
City may provide available marketing resources at the request of a participant of this MOU.
S coon 15 Amendment
Proposed amendment to this MOU may be offered to the City Manager only upon agreement by
each of the Executive Directors. The City Manager shall then determine whether the proposed
amendment will be adopted.
Sec ' n 1 ermination.
After the initial year of this MOU,a participant may terminate further participation by submitting
written notice to the Chairperson of the Arts and Cultural Alliance and the City Manager. In the
event of termination,all disbursements shall be refigured to maintain equality of distribution to the
remaining participating organizations.
Section 17 Breach.
A material breach of the duties of an organization participating in this MOU shall result in exclusion
from the Alliance and withholding of further disbursements. A material breach of the duties of the
Alliance, found in Section 4,shall result in the termination of this MOU and fiuther funding of the
Alliance.
Section 18 Counte arts
This MOU may be executed in multiple counterparts, each of which is deemed an original, and
all of which taken together,shall constitute but one and the same instrument,which may be
sufficiently evidenced by one counterpart.
BY-
City of Christi Chairperson of e Arts and Cultural Alliance
Ronald L.Olson,City Manager
Date:
Organi on: l' lt Approved as to io
Y:
Title:
F '-�Asselstant Ci Attorney
Date:
For City A ore
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