Loading...
HomeMy WebLinkAboutResolution - 1292 - Agreement - LCAC - HOT Funds - 01_13_1983s RESOLUTION 1292 - 1/13/83 JS:cm RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed f to execute for and on behalf of said City an Agreement between the City of Lubbock and the Lubbock Cultural Affairs Council, which Agreement, attached herewith, 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 copied herein in detail. Passed by the City Council this 13th day of Januar , 1983. *fLL MCALISTER, MAYOR ATTEST: Evelyn Gaf ga, City Se re ar reasurer APPROVED AS TO CONTENT: �:O &'-J Bob Cass, Assistant City Manager APPROVED AS TO FORM: o n Sherwin, Assistant City Attorney i l i i RESOLUTION 1292 - 1/13/83 Spt�1 13 t9a3 rlt* ¢CCRETAP,YJREASURER STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considerations hereinafter expressed: WITNESSETH: WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 4% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to provide for the use of one -eighth of the revenue derived from its hotel occupancy tax for the encourage- ment, promotion, and improvement of all forms of arts, and WHEREAS, there is now on deposit in the City's General Fund $78,020.32 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before Septem- ber 30, 1982, for the fiscal year ending that date; WHEREAS, the Council comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the formation of a Review Committee to recommend to the City how the Funds should be distributed: NOW COME, THEREFORE, the City and Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guide- lines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $78,020.32 herein referred to in three equal installments of $26,006.77, the first installment to be paid upon the signing of this agreement, the second on or before August 15, 1983, and the third on or before November 15, 1983. The Council shall submit a request for payment to the City hereunder and the City shall submit said payment to the Council within 21 days from receipt of said request for payment. 3. From the first installment paid by the City, $3,901.02 may be deposited by the Council in its operating account and used to convert the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other in- stallments shall be deposited pending dispersal to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being re- bated to the City at the end of the term of this agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the guidelines approves applications for grants in excess of the amounts dis- bursed by the City, but less than the total amount of $78,020.32, the City, in its discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to the City. The Council will, annually, furnish the City with a financial report detailing how each grantee has expended their grant funds. 7. The Council shall allow the City's duly employed cer- tified public accountants to audit the use of the Funds and shall be responsible for the costs of the Audit (which may be paid from the Funds), and any other expenses incurred by the City in assur- ing that said funds are properly dispersed by the Council. 8. The Council does hereby indemnify the City from any liability rising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. This agreement expires December 31, 1983. Executed this 13th day of January, 1983. THE CITY OCK L c ISTER,Y R ATTEST: Evelyn G fffg f, City'5115 4tary-Treasurer APPROVED AS TO CONTENT::: BobCass, Assistant ity .tanager APPROVED AS TO FORM: C'n MU't"- an Sherwin, Assistant City Attorney Lubbock Cultural Affairs Council BY: C, n A. Logan, Seer ary GENERAL ELIGIBILITY 1. An applicant must be a non-profit, tax-exempt organization.holding letters of confirmation from the Internal Revenue Service. It must have been chartered and actively pursuing its goals for at least one year prior to _application. 2. Membership in the Lubbock Cultural Affairs Council is not a consideration. 3. Management must be sound and capable of implementing the proposed project. 4. Projects and programs must be accessible to the public. 5. The total effort of the applicant organization must include a signifi- cant effort.toward public outreach and expansion arts. NATURE OF PROJECTS FUNDED 1. Projects must serve residents of and/or visitors to the Lubbock area. t Consideration will be given to the degree to which a project contributes to the economy, serves the education of our citizenry, promotes tourism, and contributes to Lubbock's growing reputation as a regional cultural and entertainment center. 2. While not entirely ruled out, general operating support is considered a less desirable goal than an application for a specific project. Likewise, yearly applications for the same project will be carefully reviewed to avoid developing dependence on this grants program. "Brick and mortar" grants for building or renovation are deemed low in priority. Funding may be requested for any type of arts or humanities activity. 3. The grants program will attempt to avoid funding duplicate projects. The Lubbock Cultural Affairs Council encourages organizations to work together and present joint proposals. 4. Organizations directly affiliated with universities may apply for support; however, consideration will be given to projects that clearly involve and affect the wider community, i.e., more than students and faculty only. 5. The city of Lubbock and the Lubbock Cultural Affairs Council are not eligible for funding in this program. FINANCIAL REQUIREMENTS 1. Applicants must submit a copy of a financial statement from a certified public accountant or a copy of an independent audit for their most recent operating year. Books and records must be maintained for at least one year after termination of the grant and must be exhibited upon request by the City Council or the Lubbock Cultural Affairs Council. A financial statement from a certified public accountant or an independent audit will be required for the fiscal year in which the grant is given. ae 2. Applicants must match all funds provided by the grant. Half of their match may be "in -kind" non -cash donations for goods and services which pertain directly to the administration of the project. Half of their match must be organizational funds committed specifically to the project. FOR EXAMPLE: TOTAL PROJECT COST: $1,000 MAXIMUM GRANT REQUEST: 500 MINIMUM CASH FROM APPLICANT: 250 MAXIMUM DEGREE TO WHICH IN -KIND CAN BE CONSIDERED AS MATCHING: 250 3. Funding may not be used for personal expenses or for anything not dir- ectly related to the advancement of the arts and humanities in the Lubbock community. 4. Lubbock Cultural Affairs Council grants can be used as matching funds when applying for funds from other agencies, however, Lubbock Cultural Affairs Council grants may not be used for projects already completed or funded. 5. Upon award, eighty percent (80%) of the grant will be scheduled for payment. The remaining twenty percent (20%) will be paid upon receipt of the applicant's written evaluation. This evaluation form will be provided by the Lubbock Cultural Affairs Council and must be completed and returned to the Council within thirty days of grant termination. 6. Applicant must attempt to find support for its project from more than this one source. Proof of serious attempts at seeking other funds, such as letters to private foundations or public agencies, must be included. These attempts are not necessarily for this specific project, but for any parallel or similar project during the most recent year. Infor- mation on such agencies is readily available through the Council office. OTHER CONSIDERATIONS 1. Applicants are strongly encouraged to visit with the executive director of the Lubbock Cultural Affairs Council during development of the grant application. 2. Applicants are strongly encouraged to turn in their completed application a week or more prior to the application deadline. This is the only way in which representatives of the Grants Committee will be able to review applications for completeness prior to final review. Applications not completed by the application deadline will not be placed before the full panel for review. 3. In case of dire emergency or disaster, applicants may qualify for emer- gency funds through a special meeting of the Board of Directors of the Lubbock Cultural Affairs Council. Emergency grants may be made to projects whose timing prevents application through the regular process and may be made only by the Board of Directors of the Lubbock Cultural Affairs Council with the unanimous agreement of the two representatives appointed by the Lubbock City Council to the Grants Review Committee. -2- SELECTION PROCEDURE/DEADLINES The review committee consists of three At -Large members of the Board of Directors of the Lubbock Cultural Affairs Council appointed by the President of the LCAC, one member of the Board of Directors of the LCAC who is a Chamber of Commerce appointee, the executive director of the LCAC, and two members to be appointed by the Lubbock City Council. The committee will review applications and make recommendations to the Lubbock City Council, which has final authority. All subsequently appointed committee members shall have appointments of three years. Applications will be considered twice yearly. These deadlines apply each year: June 1 - for projects beginning after September 1 December 1 - for projects beginning after March 1 The Review Committee will meet and consider completed applications with- in three weeks of the application deadline. In the event additional supportive material is required of any applicant, decisions on all applications will be made at subsequent meetings of the Review Committee. In any event, the Review Committee will be charged with the responsibility of making its recommendations to the City Council not later than five weeks after the respective deadline. The approved applications in any granting period may not necessarily total the available funds for that period. If this occurs, the remaining funds will be carried over into the next granting period. A similar consid- eration is that applications may receive partial funding, depending on the current availability of funds. APPLICATION CHECKLIST Applications will be considered only if the following information is included: 1. Name of organization, address, and phone number of a contact person. 2. Copy of organization's I.R.S. letter showing that the organization is a non-profit, tax-exempt organization. 3. Signature authorizing this grant application from the President or Chairman of the organization and the Manager, Executive, or Staff Director. 4. A list of the Board of Directors. 5. A brief (250 word) narrative on the purpose, activities, and history of the organization. 6. Resumes from people directly involved in managing and in implementing the project. 7. Outside information, including newspaper clippings, flyers, programs, pictures, etc., where applicable. 8. Copies of letters or applications to other potential funding sources. 9. Copy of financial statement signed by a certified public accountant or an independent audit for most recent fiscal year. -3- APPLICATION PROCEDURE Seven copies of your typewritten application must be submitted to the Lubbock Cultural Affairs Council, P.O. Box 561, Lubbock, TX 79408-0561 postmarked or hand -delivered no later than the period deadline (June 1 or December 1). Late applications will be returned to the applicant. APPLICATION FORM- PLEASE USE SPACE PROVIDED. OTHER PAGES WILL NOT BE CONSIDERED. SECTION A - ORGANIZATIONAL INFORMATION 1. Official Name of Organization: 2. Mailing Address of Organization: 3. Chief Administrative Officer and Title: Phone Number: 4. Project Director: Phone Number: 5. Project Title: 6. Applicant Organization is Legally: IRS Tax Exempt College/University _ Governmental Unit Other 7. Name, Address, Home and Business phone of person to whom all correspondence or telephone inquiries about this application should be directed: Name: Phone Number Business: Address: Home: (&ZIP) SECTION B - PROJECT DESCRIPTION 8. *Project Starting Date: Project Ending Date: Date LCAC grant funds actually needed: * June 1 projects should begin after September 1. December 1 projects should begin after March 1. (Based on availability of funds, there is some leeway in advancing funds prior to these dates.) 9. Number of Persons to Be Directly Served by this Project: 10. What Other Organizations Will Assist You in Bringing this Project to Fruition: APPLICATION FORM - PAGE 1 -4- Please use only the space provided. Additional pages will not be considered. 11. Clearly and concisely describe this project: 12. How did this project originate: 13. What are the objectives of this project: 14. Why is this project needed by the Lubbock community: 15. How will you publicize the project: 16. Please list persons with business and managerial skill who will help you administer this project. Please include their telephone numbers. APPLICATION FORM - PAGE 2 -5- r SECTION C Total Operational Budget Fiscal Year 1980: Fiscal Year 1981: Fiscal Year 1982: ORGANIZATION'S FINANCIAL INFORMATION SECTION D PROJECT BUDGET INFORMATION (A separate sheet may be used) Expenditures for this project only a. Organizationas staff salaries b. Professional services (artist fees, consultant fees, etc.) c. Facilities d. Travel and transportation e. Lodging f. Rentals (other than facilities) g. Supplies and materials h. Promotion i. Printing J. Postage and telephone k. Other (itemize) Total Project Expenditures Cash Revenues for this Project only a. Admissions, tickets, concessions, tuition, registration fees, application fees, etc. (earned income directly related to project) b. Individual donations specifically for this project c. Organizational funds budgeted d. Business and industry contributions specifically for this project e. Foundation support for this project f. Other (itemize) Total Cash Income and Contributions In -Kind Revenues for Project (Please Itemize) a. b. C. d. Total In Kind Revenues Amount of funding request from LCAC Grants Program Total Project Revenue (Revenues Should Equal Expenditures) APPLICATION FORM - PAGE 3 -6- SECTION E - Applications will be considered only if the following is included. SECTION F 1. A copy of the organization's IRS non-profit tax -exemption letter. 2. A list of the organization's board of directors. 3. A brief narrative on the purpose and history of the organization. 4. Resumes of people involved in managing this project. 5. Outside information (news clippings, programs, etc.) where applicable. 6. A list of all agencies to which you have applied for financial support for this project or similar projects during the last year. Attach copies of appropriate letters or applications. 7. A copy of an independent audit or a financial statement from a certified public accountant for the most recent operating year. If a grant is awarded, the applicant hereby gives assurances to the Lubbock Cultural Affairs Council 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. Appropriate credit will be given to "The Lubbock Cultural Affairs Council/ City of Lubbock Grants Program" in any programs or publicity relating to the project. 4. The undersigned have been authorized by the applying organization to submit this application. 5. The applicant is a non-profit entity as defined by the IRS, an educational institution, or a unit of government. 6. The applicant shall retain a copy of the 1982 City Council/Cultural Affairs Council grants guidelines and shall execute grant by the rules and regu- lations stated herein. 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: Project Director: Signature Typed Named Date -7- Signature Typed Name Date APPLICATION FORM - PAGE 4 ~ LUBBOCK CULTURAL AFFAIRS COUNCIL EVALUATION REPORT FORM Please Type: Applicant Organization: Grant Number: Grant Amount: For Office use only: Date Received: Reviewed by: Project Dates: to Note: If sufficient space is not available on this form to give complete answers use additional pages and attach. Summary of Project Description: Total Attendance: Project Budget: Source of Income: Grant: Please itemize and give Other: amounts of "other." Total: 1. 2. 3. 4. Expenditures: Give detailed breakdown on separate page and attach to this report. Grant Other Total Salaries & Wages Supplies & Materials Honarariums Capital Expenditures (i.e. equipment) Other Total Approximate Age of Audience: Under 18 % 36 - 65 % 19 - 35 % Over 65 % Social interest groups served by this project. (i.e., aging, minority, students, etc.) Please list with approximate attendance of each group. Social interests Total Attendance: Please estimate the number in your audience viewing this kind of event for the first Was this a pilot program? Will this be a continuing program? i Is there a possibility of expansion of this program? If so; how would the present program be adapted or modified? What were the objectives of this project and do you feel they were successfully met? How would you suggest improving similar projects in the future? I Reported by: Name: _ Title: Address: Date of Completion: This form must be completed within thirty days of the conclusion of the grant period in order to receive the remaining 20% of the grant award. We request that a minimum of five slides (2" x 2" format) and three Black and White glossies (5" x'7" format) be included with this form (staff option). These will be retained by the grants program and should not be purchased through grant funds. THE STATE OF TEXAS ) COUNTY OF LUBBOCK AGREEMENT This agreement is made this day of 1983, at the City of Lubbock, County of Lubbock, State of Texas, between the Lubbock Cultural Affairs Council, hereinafter called Party of the First Part and , hereinafter called Party of the Second Part. The Party of the First Part has herein agreed to grant Party of the Second Part funds In the amount of for the specific purposes set out below. 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 a non-profit, tax-exempt organization holding confirmation letters from the Internal Revenue Service showing such status; and has been chartered and actively In pursuit of Its goals at least one year prior to the making of the application for this grant; 2) The project for which this grant was applied will serve residents of and/or visitors to the Lubbock area; 3) The Party of the Second Part will maintain books and records and will be prepared to exhibit financial statements to Party of the First Part following the termination date of the grant for at least one year, upon request of the City Council or the Lubbock Cultural Affairs Council. -- 4) Party of the Second Part will submit an audit or a financial statement from a certified public accountant for the fiscal year In which the grant is issued (If the party of the Second Part is Texas Tech University, then a "Independent" 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 days of the termination date of the grant. 6) Party of the Second Part shall not use the grant funds for personal expenses nor for anything not directly related to the advancement of the arts and humanities within the Lubbock conmunity. 7) Party of the Second Part states the project and programs for which this grant is requested will contribute to Lubbock's cultural identity and assist in promoting tourism, either directly or indirectly. 8) 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 make the projects and programs accessible to the public. 10) Party of the Second Part shall make significant effort toward expanding the arts and outreach to the public In a total effort of the Party of the Second Part. 11) Party of the Second Part shall attempt to find support for the projects from more than one source. 12) Grant 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. 13) In so far as the laws and the Constitution of the State of Texas pernit,The Party of the Second Part does hereby lndemnlfy the Party of the First Part from any liability rising out of the disbursement and use of this grant Including but not limited to any cause of accident or claim arising at events made possible or partially possible by the grant, and agrees to hold the Party of the First part harmless therefrom. 14) Party of the Second Part states that the grant funds requested shall be applied to the following categories: Theater Visual Arts Music Historic Preservation Dance Combination of Human ItIes Art Forms Media Other 15) Party of the Second Part states that this grant shall not be applied to duplicate programs or projects. 16) Party of the Second Part agrees to abide by all rules and regulations as stated in the 1983 grants application guidelines. Party of the First Part shall, upon the awarding of this grant, schedule eighty percent (80%) of the grant funds for Immediate payment. Party of the First Part will retain twenty percent (20%) of the grant funds to be paid only after receipt of the written evaluation 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 change or monies are applied to any other purpose other than the purpose specif- ically 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 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 in writing and duly executed by the party to be charged therewith and that no evidence of waiver of modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties hereto arising cut of or affecting this agreement, or the rights or obligations of any party here- under unless such waiver of modification is in writing duly executed as afore- said, and parties further agree that the provisions of this paragraph may not be waived except as herein set forth. The term of this contract shall be for one year following the execution of this contract. r The parties hereto agree that it Is their intention and covenant that this Agreement and perfonnance 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 shall 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. BY LUBBOCK CULTURAL AFFAIRS COUNCIL BY Party of the Second Part SUBSCRIBED AND SWORN TO BEFORE ME on this the day of 1983. NOTARY PUBLIC in and for Lubbock County, Texas My Commission Expires: