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HomeMy WebLinkAboutResolution - 5472 - Agreement - Lubbock Arts Alliance Inc - Grant Program - 04_24_1997RESOLUTION NO. 5472 Item #28 April 24, 1997 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 with Lubbock Arts Alliance, Inc., an Agreement, Guidelines and any associated documents for implementation of a grant program in support of the arts. A copy of said Agreement is attached hereto 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 24th day of April 1997. ATTEST: / 644,,, Kaytty Darnell, City Secretary APPROVED AS -TO CONTENT: Connie Gibl dhs, gultural Arts Services Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DV/8VCw0wLA6I.RFS Apml 141997 RESOLUTION NO.5472 Item #28 April 24, 1997 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 35 1. 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.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 EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY AND 23/100 DOLLARS ($118,720.23) (the "Funds") collected by the City on or before September 30, 1996, 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 by all purposes) and said Guidelines require a Review Committee to recommend to the City how the Funds should be distributed; NOW TIEREFORE: The City and the Alliance hereby 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 ONE HUNDRED EIGHTEEN THOUSAND SEVEN HUNDRED TWENTY AND 23/100 DOLLARS ($118,720.23) to be paid upon the execution of this agreement by both parties. 3. From the moneys paid by the City, FIVE THOUSAND NINE HUNDRED THIRTY- SIX AND O1/100 DOLLARS ($5,936.01) (which represents five percent (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. S. 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 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." 11. This agreement terminates March 1, 1998. EXECUTED this 24th day of Apr{{ 1 , 1997. THE CITY OF LUBBOCK: ATTEST: s't . Kaytivi Darnell, City Secretary PROVED AS :=: Connie Gibb tC tural Arts Services Manager AS TO FORM: n G. Vandiver, First Assistant City Attorney nv1gs/ciVaWLAAcmaoc April 15,1997 LUBBOCI: ARTS ALLIANCE, INC.: BY: ROB STAL, PRESIDENT City of Lubbock and Lubbock Arts Alliance 1997 Guidelines and Procedures CULTURAL GRANTS PROGRAM 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 arts and humanities in Lubbock and contributing to Lubbock's growing reputation as a regional cultural and entertainment center. ELIGIBILITY 1. 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 eight months of the date of application and must be completed within 12 months of the issuance of the 60% 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. • any travel • fundraising events or activities • receptions, social functions or parties. personal expenses. operating/overhead expenses. projects already completed or funded. Funding Periods Applications will be accepted twice yearly on or before the following dates: JUNE 1, 1997 (for projects beginning after September 1, 1997) DECEMBER 1, 1997 (for projects beginning cgs March 1, 1998) 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 match. 2. 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 may 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. Dispersal of Funds 1. Sixty percent (60%) 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 forty percent (40%) 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 project ending date. Failure to submit the ERF in the designated time frame will result in forfeiture of the remaining forty percent (40%). 2. 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 Grant writing 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 Avalanche Journal, other local publications, and will be available from the Arts Alliance office. It. is mandatory that all applicants attend one of the workshops during the calendar year. Applicants are encouraged to contact staff for assistance with grant applications and required attachment instructions. Drafts are accepted up to two weeks before the postmark deadline. Grantees may receive assistance from staff regarding project revisions, contractual obligations and reporting requirements. Organizations submitting applications to the Grants Review Committee 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 Grants Review Committee with a scoring system with one being the lowest: SERVICE: 1-25 POINTS • Does the project primarily serve the residents and visitors to the City of Lubbock? • Does the project contribute to the economy, promote tourism and is it available to the general public? • Does the project serve to educate the public in the value of the arts and humanities? ♦ Does project contribute to Lubbock's reputation as a regional cultural center? INVOLVEMENT: 1-20 POINTS ♦ Does the project encourage collaboration between organizations? ♦ Does the project promote access to the arts and humanities? ♦ Does the project support the preservation and enrichment of the diverse cultural heritage's of the community? CAPABILITY: 1-20 POINTS ♦ Has the organization demonstrated sound fiscal management? ♦ Has the organization demonstrated success from past efforts and are they in good standing with previously funded projects? ♦ Does organization show evidence of public and private financial commitment other than its request to the Alliance? ♦ is the amount requested reasonable in relation to the total cost of the project? ♦ Is the emphasis of the proposal on a specific project or performance rather than the day- to-day financial requirements of the organization? ARTISTIC MERIT: 1-35 POINTS ♦ Does the project improve the quality of arts and humanities available to the community? ♦ Does the project promote the development and/or identification of creative talent? ♦ Is the project innovative? ♦ Does the project promote excellence in the arts and the humanities? With this kind of scoring system, you might actually be able to provide council with the scores for each application, and if they are aware of the criteria used in the scoring, it might put things in perspective for them. It also lets them know that the recommendations by the committee are not arbitrary, but are based on a well-founded and equitable scoring system. 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 members shall be appointed for a term 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. 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. AMENDMENTS TO APPROVED PROJECT PROPOSALS: Grant funds may be expended only for project purposes and activities as set forth in the proposal and budget originally approved, or as subsequently amended and approved in writing by the Lubbock Arts Alliance. Written requests for amendments must be submitted in writing and approved prior to significant revisions of the following: 1. Changes of project scope, purpose, activities, dates and times or principal participants; 2. Changes in the project director or other professional personnel identified in the proposal 3. Changes in the project budget which exceed (ten) percent in items funded by the Lubbock Arts Alliance, or which introduce or eliminate categories of expenditures. Reconsideration Process An applicant may request reconsideration of funding decision if that organization can demonstrate that: • the Grants Review Committee failed to follow published application and review procedures; • the Grants Review Committee demonstrated a prejudice, capricious or arbitrary actions. Written requests should be directed to the President of the Lubbock Arts Alliance, and must be submitted within 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 Arts 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 organization 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 The Evaluation Report Form (ERF) 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), and copies of all programs, publicity, and printed materials. ORGANIZATIONS THAT HAVE NOT SUBMITTED ERF's MAY NOT APPLY FOR FUTURE FUNDING UNTIL THEIR DELINQUENT ERF'S HAVE BEEN SUBMITTED. Evaluation Rating System: The Arts Alliance conducts an evaluation review of every grant using the ERF and supporting materials. THIS RATING IS AVAILABLE TO THE GRANTS REVIEW COMMITTEE and is outlined below: AAA (highest possible rating) 1. Exceeded objectives. 2. Submitted ERF by due date 3. Exceeded matching projections. 4. Showed evidence of well -administered project 5. Showed evidence of exceptional quality artistic activity 6. Received outstanding community support 7. Submitted exceptional support documentation. => ORGANIZATIONS SUBMITTING ERF'S MORE THAN TEN DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN AA. AA 1. Met objectives. 2. Submitted ERF by due date. 3. Met matching requirements as stated in contract. 4. Showed evidence of well -administered project. 5. Showed evidence of quality artistic activity 6. Received community support. 7. Submitted appropriate support documentation. => ORGANIZATIONS SUBMITTING ERF'S MORE THAN 30 DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN A. A 1. Did not meet project objectives 2. Submitted ERF past due date 3. Did not meet matching requirements as stated in contract 4. Administered project poorly 5. Showed little or no evidence of quality artistic activity 6. Showed little or no evidence of community support 7. Did not submit appropriate supporting documentation => ORGANIZATIONS SUBMITTING ERF'S MORE THAN 60 DAYS PAST THE DUE DATE WILL FORFEIT THE REMAINING 140%] OF THE AWARD. Consider adding a section AMENDMENTS TO APPROVED PROJECT PROPOSALS: Grant funds may be expended only for project purposes and activities as set forth in the proposal and budget originally approved, or as subsequently amended and approved in writing by the Lubbock Arts Alliance. Written requests for amendments must be submitted in writing and approved prior to significant revisions of the following: 1. Changes of project scope, purpose, activities, dates and times or principal participants; 2. Changes in the project director or other professional personnel identified in the! proposal 3. Changes in the project budget which exceed [ten] percent in any line item, or which introduce or eliminate categories of expenditures. 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 @ $5/person. Expenditures: $4, 000 -- @ $500 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. 6. Outside information (news clippings, programs, etc.) where 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 organization's most recent IRS Form 990 for the most recent calendar year. 1997 City of Lubbock/Lubbock Arts Alliance Cultural Grants Program APPLICATION FORM L Office Use Only - Do Not Write In This Space Date Received: Amount Requested: Application No.: Amount Funded: It. General Instructions SEVEN (7) copies of your typewritten application must be submitted to the Lubbock Arts Alliance, 2109 Broadway, Lubbock, TX 79401, 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. /it. 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 Project Beginning Date: _ City ST Zip Project Ending Date: IV. Organization Financial Information Total Operational Budget: Previous Current Projected Revenues: $ $ $ Expenditures: $ $ $ 1997 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 a brief overview of the project, including the amount requested from the grants program. Included in the description should be information on project publicity, target groups to be served, and plans for development of the project. Refer to and address the review criteria outlined in the publication "Cukural Grants Program Guidelines and Procedures. " Additional pages will not be accepted) 1997 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. V1. 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 1997 City of Lubbock/Lubbock Arts Alliance Grants program Guidelines and Procedures and shall execute the grant by the rules and regulations stated therein. 5. 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: Project Director: Signature: Typed Name: Date Signed: Signature: Typed Name: Date Signed: VII. Project Financial Information PROPOSAL EXPENDITURES FOR THIS PROJECT ONLY: (A) Description LAA request REVENUES: a. Fee/Paid Admissions* b. Individual Donations* c. Corporate/Business Contributions* d. Organization Funds* e. Foundation Support* REVENUE TOTALS EXPENSES: f. Organization's staff salaries g. Professional services (artist, consult, fees, etc.) h. Facilities/Equipment i. Travel/Transportation* MXXXXXXXXX j. Lodging* k. Rentals (other than facilities)* I. Supplies/Materials m. Promo./Publicity/Print n. Postage/Telephone o. Other (itemize) *LAA does not fund these line items EXPENSES TOTALS TOTALS (B) (C) (D) In -Kind Cash Total(add each line Item across) (A no more then 50%) 8 cannot exceed 25% TOTAL FOR PROPOSAL EXPENDITURES ** (A + B + C = 100%) **TOTAL PROJECT REVENUES MUST EQUAL TOTAL PROJECT EXPENDITURES TOTAL AMOUNT Note: Attach a complete budget breakdown of how the figures are calculated. Round figures to the nearest dollar.