HomeMy WebLinkAboutResolution - 4869 - Agreement - Lubbock Arts Alliance Inc - Guidlines, Funding - 06_22_1995Resolution No. 4869
June 22, 1995
Item #7 �
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Agreement by and between the City of
Lubbock and Lubbock Arts Alliance, Inc., and any associated documents. Said Agreement is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passed by the City Council this 22nd day of
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
roll
Art Services
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
:dp\ccdocs\LAA.Res
June 13, 1995
.Tune 1995.
Resolution No. 4869
June 22, 1995
Item #7
STATE OF TEXAS
COUNTY OF LUBBOCK
AGREEMENT
This agreement is made by and between the City of Lubbock, a municipal corporation
("City"), and the Lubbock Arts Alliance, Inc., a non-profit Texas corporation ("Alliance")."), for
the purposes and considerations hereinafter expressed:
WITNESSETH:
WHEREAS, Section 351.002 V.T.C.A. Tax Code authorizes the City to impose by
ordinance a hotel occupancy tax which may not exceed seven percent of the consideration paid
by hotel occupants for a hotel room; and
WHEREAS, Section 351.101 V.T.C.A Tax Code authorizes revenue from the municipal
hotel occupancy tax to be used only to promote tourism and the convention and hotel industry;
and
WHEREAS, Section 351. 101 V.T.C.A Tax Code authorizes the City to use a portion of
revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement
and application of the arts; and
WHEREAS, there is now on deposit in the City's General Fund ONE HUNDRED
SIXTEEN THOUSAND SIX HUNDRED EIGHTY THREE AND 20/100 DOLLARS
($116,683.20) (the "Funds") collected by the City on or before September 30, 1994, for the fiscal
year ending on that date, which funds represent that portion of the hotel occupancy tax that may
be disbursed for the encouragement promotion, improvement and application of the arts as
heretofore stated: and
WHEREAS, the Alliance which is comprised of a representative cross-section of those
interested in and participating in the Lubbock arts community, has proposed certain Guidelines
(hereinafter "Guidelines" that are attached hereto as Exhibit A and made a part hereof and
incorporated herein by reference for all purposes) and said Guidelines require a Review
Committee to recommend to the City how the funds should be distributed:
NOW THEREFORE, the City and the Alliance agree as follows:
1. The City hereby adopts, ratifies and affirms the Guidelines attached hereto as
Exhibit A and the procedures set forth therein.
2. The City hereby agrees to pay to the Alliance the sum of ONE HUNDRED
SIXTEEN THOUSAND SIX HUNDRED EIGHTY THREE AND 20/100 DOLLARS
($116,683.20) to be paid upon the execution of this agreement by both parties.
3. From the monies paid by the City, FIVE THOUSAND EIGHT HUNDRED
THIRTY FOUR AND 151100 DOLLARS ($5,834.15) (which represents 5% of the funds) may
be used to pay the estimated administrative costs of the disbursement of the funds. The balance
of that payment shall be deposited pending disbursement to application grantees in an interest
bearing account at a depository of the Alliance's choosing. The principal amounts of the
installments only shall be expended as approved, with the interest being reported to the City at
the end of the term of this agreement (but retained by the Alliance for the funding of future grant
applications).
4. The City, in writing, shall approve in advance the semi-annual grant awards
recommended by the Alliance and Review Committee.
5. The Alliance must maintain the funds provided by the City in a separate account
established for that purpose and may not commingle those funds with any other money or
maintain it in any other account.
6. The Alliance shall maintain complete and accurate financial records as to the
administrative costs of the disbursement of the funds and as to the disbursement of the funds
themselves and how they are spent by the application grantees, and on request of the City or
another person shall make the records available for inspection and review at all reasonable times,
and shall make at least quarterly reports to the City with regard to such expenditures. The
Alliance will furnish the City with an annual financial report listing all expenditures made by the
Alliance and detailing how each grantee has expended its grant funds.
7. The funds shall be disbursed to application grantees only in accordance with the Guidelines
attached hereto.
8. The Alliance shall allow the City's accountants to audit the expenditure of the funds and
shall be responsible for the costs of the audits (which may be paid from the funds), and any other expenses
incurred by the City in assuring that said funds are properly disbursed by the Alliance.
9. The Alliance hereby indemnifies the City from any and all claims or liabilities of any nature
whatsoever arising out of the disbursement and use of the funds by the Alliance including, but not limited
to, any cause of action or claim arising at events made possible or partially possible by the funds, and the
Alliance further agrees to hold the City harmless therefrom.
10. The Alliance will request that each grantee receiving funds include the following
acknowledgment on printed programs or other information produced by the grantees: "This program
(exhibit) is made possible in part through a grant from the City of Lubbock. as recommended by the
Lubbock Arts Alliance, Inc."
11. This agreement expires December 31, 1995.
APPROVED AS TO CONTENT:
Connie GibbonWyanager of Cultural
Arts Services
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
LLQ4\c4attla-1aa.doc
June 13, 1995
4
LUBBOCK A TS ALLIANCE, INC.:
Glenn Pa7t�,Pesiden
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City of Lubbock and Lubbock Arts Alliance
1995 Guidelines and Procedures
CULTURAL GRANTS PROGRAM
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INTRODUCTION
The City of Lubbock/Lubbock Arts Alliance Cultural Grants Program provides local cultural organizations with
financial support for projects representing a significant effort toward the promotion of the ans and humanities in
Lubbock and contributing to Lubbock's growing reputation as a regional cultural and eutertainrneltt center.
ELIGIBILITY
An applicant must be a nonprofit, tax-exempt organization holding letters of confirmation from the
Internal Revenue Service.
2. An applicant must have been chartered and actively pursuing its goals for at least one year prior to
application.
3. The proposed project must represent a significant effort toward the promotion of the arts and humanities.
4, The project must begin within six months of the date of application and must be completed within 12
months of the issuance of the 80% portion of the grant unless otherwise specified in the application.
FUNDING POLICIES
Restrictions
Grant funds may not be used for the following,
* elimination of accumulated debt.
* out-of-town
* fundraising events or activities.
receptions, social functions or parties.
personal expenses.
4 operating/overhead expenses.
projects already completed or funded
Funding Periods
Applications will be accepted twice yearly on or before the follo%%ing dates.
NNE 1, 1995
DECEMBER L. 1995
(for projects beginning after September 1, 1995)
(for projects beginnings after March 1, 1996)
Matching Funds
1. Applicants must match all funds provided by the grant. Matching funds may be cash or in -kind
contributions; with the in -kind match not exceeding 25% of the total project expenditures. In all
instances the grants program encourages cash march.
In -kind match may include any services or supplies for which the applicant would normally pay, but
which are being contributed free of charge, Only true donations of time, supplies and services tnay be
allowed as an in -kind match. For those individuals who regularly donate their time and services to the
applicant organization, the project budget should include only those contributions which pertain directly
to the project. In -kind value of volunteer services must be calculated at the minimum per -hour wage.
3. City of Lubbock/Lubbock Ans Alliance grants may used as matching fiends when applying for funding
from another agency or source; however, actual funding of the City of Lubbock/Lubbock Arts Alliance
grant will be contingent upon approval from the other agency or source.
Disbursal of Funds
Eighty percent (80%) of the grant award will be scheduled for payment no later than March 15 or
September 15, according to the funding period in which the application is submitted. The remaining
twenty percent (20%) will be paid upon approval of the applicant's Evaluation Report Form (ERF). This
form will be provided by the Lubbock Arts Alliance and must be completed and returned within thirty
(30) days of the conclusion of the support period. Failure to submit the ERF in the designated time frame
will result in forfeiture of the remaining twenty percent (20%).
The approved applications in any granting period may not necessarily, total the available funds for that
period. In this event, any remaining funds will be carried over to the next granting period.
WORKSHOPS & PRE -APPLICATION REVIEW
Grantwriting workshops will be presented prior to the two application deadlines for the benefit of applicants.
Information on the dates and times of the workshops will be published in the Lubbock Arts Alliance newsletter,
ArtLINE, and will be available from the Arts Alliance office. It is mandatory that all appliyant-A attend one 0f
[ale workshops during Jhg calendar year.
Organizations submitting applications to the program for the first time are required to schedule a pre -application
review with the executive director of the Lubbock Arts Alliance at least two (2) weeks in advance of the application
deadline Appointments may be made by contacting the Lubbock Arts Alliance office at 744-ARTS.
APPLICATION REVIEW
Criteria
The following criteria will be used in reviewing all applications submitted to the program'
• The project primarily serves the residents of and visitors to the Lubbock area.
• The project contributes to the economy and promotes tourism in Lubbock.
• The project contributes to Lubbock's reputation as a regional cultural and entertainment center.
• The project serves to educate the citizem in the arts and humanities.
• The project supports the prescrvation and ennrichtnent of the diverse cultural resources of the community.
• The proposal encourages collaboration betvicett organizations.
• The project promotes access to the arts and humanities in response to the diverse cultural heritage of the
community.
• The project improves the quality of arts and humanities available in the community.
• The project promotes the development and/or identification of creative talent.
• The project is innovative and is available to the general public.
Additionally, the following points will be considered concerning the applying organizaiton:
• The applying organization has demonstrated sound fiscal management.
• The applying organization is capable of implementing the proposed project.
• Emphasis of the application is directed toward a specific project or performance rather than day-to-day
financial requirements of the orginization.
• The budget presented in the application is commensurate to the project.
• Review of past efforts demonstrates predictable success for the project.
Grants Review Committee
The Grants Review Committee consists of four members appointed by the Lubbock Arts Alliance and two members
appointed by the Lubbock City Council. The committee will review applications and make recommendations to
the Lubbock City Council. which has final authority. All appointed committee nientbers shall be appointed for a
terns of three years. The executive director of the Lubbock Arts Alliance will serve as an ex-officio member of the
review committee.
The Grants Review Committee will meet to consider applications. In the event that additional support material is
required of any applicant, decisions on all applications will be made at subsequent meetings of the review
committee. The committee will be charged with the responsibility of making its recommendations to the City
Council as early as possible following the established application deadlines.
Reconsideration Process
An applicant may request reconsideration of a funding decision if that organization can demonstrate that:
• the Lubbock Arts Alliance failed to follow published application and review procedures;
• the Grants Review Committee acted in an unfair manner; or,
• the Committee's recommendation was bascd on insufficient information through no fault of the applicant.
Written requests should be directed to the President of the Lubbock Arts Alliance, and roust be submitted widtin 30
days of the date on the notification letter. Only authorized officials listed on the application may request
reconsideration. The Lubbock Arts Alliance president will appoint an ad hoc three -member committee consisting
of two members of the Lubbock Arts Alliance Board of Directors and one member of the Grants Review Committee
to review the matter and prepare a recommendation to present to the Lubbock Arts Alliance Board at its next
regular meeting. The decision of the Lubbock Arts Alliance Board of Directors is final.
AFTER RECEIVING A GRANT
Acknowledgment
Proper acknowledgment must be given to the City of Lubbock/Lubbock Ans Alliance Grants Program by including
the following statement on all printed programs, publicity or publications related to the programs-.
THIS PROGRAM (EXHIBIT) MADE POSSIBLE IN PART THROUGH A GRANT FROM THE
LUBBOCK CITY COUNCIL, AS RECOMMENDED BY THE LUBBOCK ARTS ALLIANCE,
INC.
Failure to Include this acknowledgment
may result in cancellation of the grant.
Assurances
All grant recipients, in signing the required contract for services, make assurances that the applicant organiz<'ition
will comply with existing local, state and federal laws that prohibit discrimination based on race, color, national
origin, sex or disability.
Record Keeping
Books and records must be maintained for at least one year after termination of the grant and must be exhibited
upon request by the Lubbock City Council or the Lubbock Arts Alliance. A financial statement from the certified
public accountant or an independent audit may be required for the fiscal year in which the grant is awarded.
Final Evaluation
Tlie Evaluation Report Form (PRF) for the project must be submitted within 30 days of the project's completion.
The form is provided by the Lubbock Arts Alliance and must include an itemized account of the project along with
five photographs of project activities (where applicable). Failure to submit the ERF will result in forfeiture of the
remaining 20% of the award.
REQUIRED ATTACHMENTS
One (1) copy of the following attachments must be included for applications to be considered:
1. A budget of Section VII of the application form, indicating expenditures to be paid from grant funds.
(Show how figures were calculated, e.g. Revenues' $2, 000 -- 1 performance with 400 participants @
$S/person. Expenditures. $4, 000 -- (ate 3500 each for rehearsal and performance.)
2. Copy of the organization's IRS nonprofit tax -exemption letter.
3. List of the organization's board of directors.
4. Brief narrative on the purpose and history of the organization.
5. Resumes of people involved in managing the project.
G. Outside information (news clippings; programs, etc.) ,%?here applicable.
7. Copy of and independent audit or financial statements from a certified public accountant for the most
recent operating year, and/or a copy of an organizations most recent IRS Form 990 for the most recent
calendar year.
Date Received. -
Application No.:
1995 City of Lubbock/Lubbock Arts Alliance
Cultural Grants Program
APPLICATION FORM
1. Office Use Only - Do Not Write In This Space
Amount Received:
Amount Funded:
11. GeneralInstructions
SEVEN (7)copies of your typewritten application must be submitted to the Lubbock Arts
Alliance, PO Box 561, Lubbock, TX 79408, postmarked or hand -delivered no later than the
period deadline (June 1 or December 1). Late applications will not be considered. Use only
space provided. Other pages will not be considered.
Ill. Organization Information
Organization: _
Mailing Address-
Street/PO Box
Chief Administrative Office & Title:
Project Director:
Applicant Organization is legally:
IRS Tax Exempt
Unit of Government
City State Zip
— Telephone(s):
College/University
Other (specify):
Person to whom all correspondence or telephone inquiries about this application should be
directed
Name: Telephone - Business. -
Address: Home:
Street/PO Box City ST zip
Project Beginning Date: Project Ending Date;
IV. Organization Financial Information
Total Operational Budget:
Previous Current Projected
Revenues: $ $ $
Expenditures:
1995 Application Form - Page 2
V, Project Description
Project Title:
Number of persons to be directly served by this project:
Project Description:
(Provide a concise description of the project for which you are applying. The first sentence should be u brief
overview of the project, including the ainount requested from the grants program. Included in the description
should be information on project publicity, target groups to he served, and plans for development of the project,
Refer to and address the review criteria outlined in the publication "Cultural Grants Program Guidelines and
Procedures. " Additional pages will not be accepted.)
J Uh- 1 J- / 1 1 _ v 7 . Y _ -V1 L--1, U L, I'. 1-i IR 1 :� MLL 1 H"-. .+ )CO
1995 Application Form - page 3
Please list organizations and/or persons with business and managerial skills who will assist in
administering this project. Please include telephone numbers.
Vl. Assurances
If a grant is awarded, the applicant gives assurances to the Grants Program that-
1. The activities and services for which financial assistance is sought will be administered by
or under the supervision of the applying organization.
2. Any funds received as a result of this application will be used solely for the project
described.
3. The officials signing the application form and subsequent contract have been authorized by
the applying organization to submit this application.
4. The applicant shall retain a copy of the 1995 City of Lubbock/Lubbock Arts Alliance
Grants program Guidelines and Procedures and shall execute the grant by the rules and
regulations stated therein,
S. The applicant hereby agrees to indemnify the Lubbock Arts Alliance from any liability
rising out of the disbursement and use of grant funds, including, but not limited to any
cause of accidents or claims arising at events made possible or partially possible by the
funds. (Insofar as the Constitution and Laws of the State of Texas permit, in applications
made by Texas Tech University).
We hereby certify that all figures, facts and representations made in this application, including any
attachments, are true and correct to the best of our knowledge.
Chief Administrative Officer:
Signature: _
Typed Name:
Date Signed -
Project Director:
Signature:
Typed Name. -
Date Signed:
1995 Application Form - Page 4
Vll. Project Financial Information
A=NTION: ATTACH A SF.P RA'I PACE., detailing "Revenues a f" and
"Expenditures a j. " Indicate, those expenditures to be paid from grant
funds. Round figures to nearest dollar.
REVENUES (for this project only; Indicate sorcs:s as "ptn inb" or "co- tted")
CASH:
a. Fees/Paid Admissions
b. Individual Donations
C. Corporate/Business Contributions
d. Organization Funds
e. Foundation Support
f Other (itemize)
SUB -TOTAL CASH REVENUES
IN -KIND APPROPRIATIONS (for this project only):
Matecials/„y ServLQ!�,s ContribUted
a.
b.
c.
SUB -TOTAL W-KIND
AMOUNT REQUESTED FROM GRANTS PROGRAM
(1)
(2)
(3)
TOTAL -PROJECT F.VENUES fit)
(.Sub -Total Cash Revenues (1) + .Sub-Totul In -Kind (2) + Ainount Requester! fi•oni Grants Program (3) t TOTAL
PROJECT REVENUES J
EXPENDITURES (for this project only)
a. Organization's staff salaries
b. Professional services (artists, consultant fees, etc.)
C. Facilities/Equipment
d. Travel/Transportation
e. Lodging
f. Rentals (other than facilities)
g. Supplies/Materials
h. Promotion/Publicity
i. Postage/Telephone
j. Other (itemize)
(*) TOTAL PROJL'CTREVFNUES MUST EQUA . TOTAL PROJECT EXPENDITURES
Grant: Project
TIIL- STATE OF TEXAS g
COUNTY OF LUBBOCK §
AGREEMENT
This agreement is made by and between
the Lubbock Arts Alliance, Inc , hereinafter called Party of the First Part,
and
ORGANIZATION
hereinafter called Party of the Second Part
for the purposes and considerations hereinafter expressed:
WITNESSETII:
The Party of the First Part has herein agreed to grant Party of the Second Part
funds in the amount of AWARD for the specific purposes hereinafter expressed.
Party of the Second part specifically covenants with the Party of the First Part that
it meets the eligibility requirements for such grant to -wit:
1. That Party of the Second part is it nonprofit, tax-exempt organizations
holding confirmation letters from the Internal Revenue Service showing such status, and
has been chartered and actively in pursuit of its goals at least orte year prior to tire making
of the application for this grant, or is a department of the City of Lubbock:
2. The project for which this grant was requested will serve residents of
and/or visitors to the Lubbock area;
3. The Party of the Sccond Part will maintain books and records and will be
prepared to exhibit financial statements to Party of the First pat t following the termination
date of the grant for at least one year, upon request of the City Council or the Lubbock
Arts Alliance, Inc.
4. Party of the Second Part will submit an audit or a financial statement front
a certified public accountant or an independent ,edit for the fiscal year in which the grant
is issued (ff the Party of the Second part is Texas Tech University or the City of Lubbock,
then an "independen(" audit is not required).
5. Party of the Second part will provide a written evaluation on a form
provided by Party of the First Part concerning the project and provided as a record of the
project to the Party of the First Part within thirty (30) days of the termination date of the
project.
6 Party of the Second part shall not use the grant funds for personal expcoses
nor for anything not directly related to the advancement of the arts and humanities within
the Lubbock community.
7. Party of the Second Part states that the project and program for which this
grant is requested will contribute to Lubbock's cultural identity and assist in promoting
tourism, either directly or indirectly.
S. Party of the Second Part covenants that management of the project will be
sound and capable of implementing said project as proposed,
9, Party of the Second Part shall snake the projects and programs accessible
to the public,
10. Party of the Second Part shall make significant efforts toward expanding
the arts and outreach to the public in a total effort of the Party of the Second Part.
It. Grata funds from the Party of the First Part may be used as matching
funds. however, Party of the Second Part states the grant funds herein requested shall not
be used for projects already completed or previously funded.
12 Insofar as the laws and the Constitution of the State of Texas permit, the
Party of the Second Part hereby indentnifie: the Party of the First Part from any and all
claims or liabilities of any nature whatsoever arising out of the disbursement and use of
this grant by the Party of the Second Part including, but not limited to, any cause of action
or claim arising at events made possible or partially possible by the grant, and the Party of
the Second Part further agrees to hold the Party of the First Part harmless therefrom.
13. Party of the Second part states that the grant funds requested shall be
applied to the following categories:
Theatre Arckite care
Music visual Arts
Dance Historic Preservation
Humanities Combination of An Forms
Media Other
14. Party of the Second Part agrees that appropriate credit will be given its the
following manner verbally and/or printed -This program (exhibit) made possible in part
through a grant from the Lubbock City Council, as recommended by the Lubbock Arts
Alliance, Inc.'
15. Party of the Second Part agrees to abide by all rules and regulations as
stated in the 1995 grants program handbook.
Party of the First Part shall, upon the awarding of this grant, schedule eight percent
(80%) of the grant funds for payment no later than March IS or September 15, according
.2.
to the funding period in which the application is submitted by Party of the Secund Part.
Party of the First Part will retain twenty porceut (20%) of the grant funds to be
paid only after receipt of the written evaluation due within thirty (30) days following
termination of project provided hereinabove by Party of the Second Part.
In the event any of the requirements for the awarding of this grant are violated or if
the purpose for which these grant funds are awarded is altered or clanged or monies are
applied to any other purpose other than the purpose specifically stated in the application
for these funds. Party of the Second Part shall immediately remit to Party of the First Part
all grant funds heretofore expended by Party of the First Part together with earned interest
at the highest legal interest rate.
This written Agreement contains the sole and entire agreement between the
parties. The parties acknowledge and agree that neither of them has made any
representations inducing the execution and delivery hereof except such representation as is
specifically set forth herein and each of the parties hereto acknowledges that he or it has
relied on his or its own judgment in entering into same, Parties hereto further
acknowledge that any statements or representations that may have heretofore been made
by either of them to the other are void and of no effect and that neither of them has relied
thereon in connection with his or its dealings with each other.
It is further agreed that no waiver or modification of this Agreement or any
covenant, condition or limitation herein contained shall be valid unless i►► writing and duly
executed by the party to be charged therewith and that no evidence of waiver or
"- _.." '--modification shall be offered or received in evidence in any proceeding, arbitration, or
litigation between the parties hereto arising out of or affecting this agreement, or the rights
or obligations of any party hereunder unless such waiver or modification is in writing duly
executed as aforesaid, and parties further agree that the provisions of this paragraph play
not be waived except as herein set forth.
The term of this contract shall be for sixty (60) days following the termination date
of the project as specified on the project application forms.
The parties hereto agree that it is their intention and covenant that this Agreement
and performance hereunder and all suits and special proceedings hereunder be construed in
accordance with and pursuant to the laws of the State of Texas and that in any action,
special proceeding, or other proceeding that may be brought arising out of. in connection
with, or by reason of this Agreement the laws of the State of Texas shall be applicable and
sliall govern to the exclusion of the law of any other form, without regard to the
jurisdiction in which any action or special proceeding may be instituted.
-3-
Executed this day of 199_
Lubbock Arts Alliance, Inc.
Russell Hughes, Executive Director
State of Texas
County of Lubbock
This instrument was acknowledged before the
on this day of , 199_
NOTARY PUBLIC in and for Lubbock County, Texas
My Commission Expires: _
ORGANIZATION
Signature of Authorizing Official
Printed Name & Title of Official
State of Texas
County of Lubbock
This instrument was acknowledged before me
on this day of , 199w
-- --NOTARY PUBLIC in and for Lubbock County, Texas
My Commission Expires:
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