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HomeMy WebLinkAboutResolution - 4053 - Agreement - LAA Inc - HOT Funds, Promotion Of The Arts - 01_14_1993Resolution No. 4053 January 14, 1993 Item # 4-C 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., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully Passed by the City Council t ATTEST: - Sally StLYi Abbe, Acting City Secretary APPROVED AS TO CONTENT: Rita F. Harmon, Assistant ity anager for Public Safety and Services AS TO FORM: oarnaia G. vamaiver, hirs City Attorney DGV:dw agenda-M/Cu1LrUg.Ree Revised: January S, 1993 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.CA. 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 35 1. 101 V.T.CA. 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 $113,896.70 (the "Funds") collected by the City on or before September 30. 1992, 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 $113,896.70 in three equal installments of $37,965.57 the first installment to be paid upon the execution of this agreement by both parties, the second on or before August 15, 1993, and the third on or before November 15, 1993. 3. From the first installment paid by the City, $5,694.84 (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 installment and all other installments 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. -2- 7. The funds shall be disbursed to application grantees only in accordance with the Guidelines attached hereto. 8. If the Review Committee approves applications for grants in excess of the amount disbursed by the City in either the first or second installments, but less than the total amount of $113,896.70, the City, in its sole discretion, may advance the additional amount requested prior to the time when the remaining installment or installments are to be paid. 9. 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. 10. 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. 11. The Alliance will request that each grantee receiving funds include the following acknowledgement 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." -3- 12. This agreement expires December 31, 1993. Executed this 14th d�Jary, 1993. CITY avid Langston, May r ATTEST: l Sally Abb Acting City Secretary APPR VED AS TO CONTENT: Rita P. Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORl4: tbxrfLId G. Vindiver. First Assistant City Attorney BEIM L C CE, INC.: D. Brad Green, President