HomeMy WebLinkAboutResolution - 2992 - Agreement - LCAC - 1989 Arts Grant Program - 01_12_1989Resolution #2992
January 12, 19R9
Item #7-C
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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 the Lubbock Cultural Affairs Council,
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 copied herein in detail.
Passed by the City Council this 12th day of January , 1989.
'B. C. McMI N, MAYOR
ane to Boyd, City Secre ary
APPROVED AS TO CONTENT:
Rita Harmon, Assistant City Manager
for Public Safety and Services
APPROVED AS TO FORM:
s� �1er
Do ald G. Vandiver, First Assistant
City Attorney
Resolution #2992
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 non-profit Texas
corporation ("Council"), for the purposes and considerations hereinafter
expressed:
WITNESSETH:
WHEREAS, Section 351.002 V.T.C.A. Tax Code authorizes the City to
levy by ordinance a hotel occupancy tax which may not exceed seven
percent of the consideration paid by hotel occupants; and
WHEREAS, Section 3511.101 V.T.C.A. Tax Code authorizes the City to
use a portion of the revenue derived from Its hotel occupancy tax for the
encouragement, promotion, improvement and appreciation of the arts; and
WHEREAS, there Is now on deposit in the City's General Fund $94,839
(the "Funds") collected by the City on or before September 30, 1988, 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 appreciation of the arts as heretofore stated;
and
WHEREAS, the Council which is comprised of a representative 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 and made a part hereof and incorporated
by reference herein for all purposes) and said Guidelines require a Review
Committee to recommend to the City how the Funds should be distributed:
NOW COME, THEREFORE, the City and Council and each agrees as
follows:
1. The City does hereby adopt, ratify and affirm the Guidelines
attached hereto and the procedures set forth therein.
2. The City agrees to pay to the Council the sum of $94,839
herein referred to in three equal installments of $31,613, the first
Installment to be paid upon the execution of this agreement by both
parties, the second on or before August 15, 1989, and the third on or
before November 15, 1989.
3. From the first Installment paid by the City, $4741.95 may be
deposited by the Council in its operating account and 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 Council's choosing. The principal amounts
of the Installments only shall be expended as approved, with the interest
being rebated 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 amount disbursed by the City in
either the first or second Installments, but less than the total amount of
$94,839, the City, in its discretion, may advance the additional amount
requested prior to when the remaining installment or installments are
scheduled to be paid.
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 and how they are spent by the
application grantees, shall allow City representatives to have access to
the books and records at all times, 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 Its grant funds.
7. The Council shall allow the City's accountants to audit the use
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 Council.
8. The Council does hereby Indemnify the City from any liability
arising 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 the Council agrees to hold the City
harmless therefrom.
9. The Council will request that each grantee of the Funds include
the following acknowledge 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
Cultural Affairs Council."
10. This agreement expires December 31, 1989.
Executed this i 2th day of January, 1989.
THE CITY OF LUBBOCK
B.C. McMinn, Mayor
ATTEST:
Ranett Boyd, City Secretary
APPROVED AS TO CONTENT:
Rita P. Harmon, Assistant City Manager
for Public Safety & Services
APPROVED AS TO FORM:
Don Vandiver, Assistant City Attorney
Lubbock Cultural Affairs Council
Sims, President
EXHIBIT A
CITY OF LUBBOCK
AND
LUBBOCK CULTURAL AFFAIRS COUNCIL
CULTURAL GRANTS PROGRAM
1989 HANDBOOK
INTRODUCTION
The City of Lubbock/Lubbock Cultural Affairs Council Cultural Grants Program is designed to
provide 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.
GENERAL 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 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.
5. Funding may not be used for personal expenses or for anything not directly related to the
advancement of the arts and humanities in the Lubbock community.
6. Grant monies may not be used for projects already completed or funded.
FINANCIAL REQUIREMENTS
1 . Applicants must match all funds provided by the grant. A portion of their match may be
"in kind," non -cash donations of goods or services which pertain directly to the
administration of the project.
2. Eighty percent (80%) of the grant award will be scheduled for payment on the date
requested on page one of the application form. 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 ninety days of the conclusion of the support period.
Failure to submit the evaluation form in the designated time frame will result in
forfeiture of the remaining twenty percent (20%).
3. 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 Lubbock 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 awarded. Reimbusement for the
aforementioned cost may be requested in the grant application (Section VI, item J).
4.
4. City of Lubbock/LCAC grants may be used as matching funds when applying for funding
from another agency or source; however, actual funding of the City of Lubbock/LCAC
grant will be contingent upon approval from the other agency or source.
PRE -APPLICATION REVIEW
Organizations submitting applications to the Cultural Grants Program are strongly encouraged
to schedule a pre -application review with the executive director of the Lubbock Cultural Affairs
Council. Appointments may be made by contacting the LCAC office at 763-4666.
I
FUNDING PERIODS
Applications will be accepted twice yearly on or before the following dates:
JUNE 1, 1989 - for projects beginning after September 1, 1989.
DECEMBER 1, 1989 - for projects beginning after March 1, 1990.
REQUIRED ATTACHMENTS
Applications will be considered only if the following attachments are included:
1. A detailed breakdown of Section VII of the application form, in-
dicating expenditures to be paid from grant funds.
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 ap-
plicable.
7. Copy of an independent audit or a financial statement from a
certified public accountant for the most recent operating year.
CREDIT LINE
Proper credit must be given to the City of Lubbock/Lubbock Cultural Affairs Council Grants
Program by including the following acknowledgment 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 CULTURAL AFFAIRS COUNCIL
Failure to include this credit line may result in cancellation of the award.
FINAL EVALUATION
A final evaluation must be submitted within 90 days of the project completion. The
evaluation form is provided by the Lubbock Cultural Affairs Council and must include an
itemized account of the project and five photos (where applicable). Failure to submit the
evaluation will result in forfeiture of the remaining 20% of the award.
REVIEW PROCEDURES
The Grants Review Committee consists of four members appointed by the Lubbock Cultural
Affairs Council 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 Cultural Affairs Council will serve as an ex-officio member
of the review committee.
The Grants Review Committee will meet to consider applications within three weeks of the
application deadline. 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.
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.
REVIEW CRITERIA
The Grants Review Committee will consider the following criteria in reviewing each application.
This, along with the Information submitted, will guide the committee in forming their
recommendations:
1 . The project primarily serves the residents of and visitors to the Lubbock area.
2. The project contributes to the economy and promotes tourism in Lubbock.
3. The project contributes to Lubbock's reputation as a regional cultural and entertainment
center.
4. The project serves to educate the citizenry in the arts and humanities.
5. The project supports the preservation and enrichment of the diverse cultural resources
of the community.
6. The proposal encourages collaboration between organizations.
7. The project improves the quality of arts and humanities available in the community.
8. The project promotes access to the arts and humanities in response to the diverse
cultural heritage of the community.
The project promotes the development and/or Identification of creative talent.
10. The project is innovative and is available to the general public.
Additionally, the following points will be considered concerning the applying organization:
The applying organization has demonstrated sound fiscal management.
2. The applying organization Is capable of Implementing the proposed project.
Significant funds have been committed by the organization for the project.
4. Emphasis of the application Is directed toward a specific project or performance rather
than day-to-day financial requirements of the organization.
The budget presented in the application is commensurate to the project.
Review of past efforts demonstrates predictable success for the project.
1989
CITY OF LUBBOCK/LUBBOCK CULTURAL AFFAIRS COUNCIL
CULTURAL GRANTS PROGRAM
APPLICATION FORM
L Office Use Only - Do Not Write In This Space
Date Received: Amount Requested:
Application No.: Amount Funded:
EL General Instructions
SEVEN (7) copies of your typewritten application must be submitted to the Lubbock Cultural
Affairs Council, 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 2aLv
space provided. Other pages will not be considered.
IIL Organization Information
Organization:
Mailing Address:
Street/PO Box City State Zip
Chief Administrative Officer & Title:
Project Director: Telephone(s):
Applicant Organization is legally:
IRS Tax Exempt College/University
Unit of Government 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
Project Beginning Date:
Date Grant Funds Actually Needed:
St. Zip
Project Ending Date:
IV. Organization Financial Information
Total Operational Budget:
1988 1989 1990
Revenues: $ $ $
Expenditures: $ $ $
1989 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. Refer to and address the review criteria on page 3 of the Handbook.
Additional pages will not be accepted.)
Please list organizations and/or persons with business and managerial skills who will assist in
administering this project. Please include telephone numbers.
1989 Application Form - Page 3
If applicable, how do you plan to publicize this project?
Specific target groups to be served, if any:
Explain your plans for the development of this project:
VI. Asst maces
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 de-
scribed.
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 1989 City of Lubbock/Lubbock Cultural Affairs
Council Grants Program Handbook and shall execute the grant by the rules and regulations
stated therein.
5. The applicant hereby agrees to indemnify the Lubbock Cultural Affairs Council 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 applica-
tions 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:
1989 Application Form - Page 4
VII. Project Financial Information
DOTE: Attach a complete breakdown o1 'Expenditures a-k' and 'Revenues a-f.' Indicate ex-
penditures to be paid from grant funds. Round figures to nearest dollar.
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 . Financial Statement Fees (see Handbook page 1, no. 3)
k. Other (itemize)
TOTAL PROJECT EXPENDITURES (* )
REVENUES (for this project only)
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 (1)
IN -KIND APPROPRIATIONS (for this project only):
Materials/Services Contributed
a
b.
C.
SUB -TOTAL IN -KIND (2)
AMOUNT REQUESTED FROM CITY/LCAC GRANTS PROGRAM (3)
[Total Cash Revenues (1) + Total In -Kind (2) + Amount Requested from City/LCAC Grants
Program (3) - TOTAL PROJECT REVENUES.]
(') TOTAL PROJECT EXPENDITURES MUST EQUAL TOTAL PROJECT REVENUES
THE STATE OF TEXAS ) (
COUMYOFLUBBOCK ) (
AGREEMENT
This agreement Is made this day of 1989, at the City of
Lubbock, State of. Texas, between the Lubbock Cultural Affairs Council, hereinafter called Party
of the First Part and
Second Part.
, hereinafter called Party of the
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 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 a nonprofit, 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 or an independent audit for the fiscal year in which the grant is
issued (If the Part of the Second Part is Texas Tech University, then an "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 ninety days of the termination date of the project.
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 community.
7. Party of the Second Part states that 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.
A
11. 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.
12. Insofar as the laws and the Constitution of the State of Texas permit, the Party of
the Second Part does hereby Indemnify 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.
13. Party of the Second Part states that the grant funds requested shall be applied to
the following categories:
Theater
Music
Dance
Humanities
Media
Architecture
Visual Arts
Historic Preservation
Combination of Art Forms
Other
14. Party of the Second Part agrees that appropriate credit will be given in 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 Cultural Affairs
Council.'
15. Party of the Second Part agrees to abide by all rules and regulations as stated in
the 1989 grants program handbook.
Party of the First Part shall, upon the awarding of this grant, schedule eighty percent
(80%) of the grant funds for payment on the date requested on the application forms provided
by Party of the First Part.
Party of the First Part will retain twenty percent (20%) of the grant funds to be paid
only after receipt of the written evaluation due within ninety 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 changed 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 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 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 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,
unless otherwise mutually agreed thereto in writing.
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 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 day of
1989.
NOTARY PUBLIC in and for Lubbock
County, Texas
My Commission Expires:
1989
CITY OF LUBBOCK/LUBBOCK CULTURAL AFFAIRS COUNCIL
CULTURAL GRANTS PROGRAM
EVALUATION REPORT FORM
IMPORTANTI This typewritten form must be completed within ninety (90) days of
the conclusion of the project In order to receive the remaining 20% of the
award. Your report is due
L Office Use Only - Do Not Write In This Space
P
Grant Number: Date Received:
Grant Amount: Reviewed By:
IL Organization Information
Organization: _
Mailing Address:
Street/PO Box
Evaluation Reported By:
Mailing Address:
Street/PO Box
Telephone(s):
Business Home
Project Title:
Project Summary:
City State Zip
C ity State
Date Reported: _
III. Project Description
Zip
61
1989 Evaluation Report - Page ;L—
III. Project Information
Project Dates: to Total Attendance:
mo day yr mo day yr
Approximate Age of Audience:
Under 18 % 36-65
19-35 % Over 65
Interest Groups Served By This Project: (i.e. elderly, minority, student, etc.)
Groups Attendance
Interest Groups Total Attendance:
Was this a pilot project? Continuing Program
Is there a possibility of expansion of this program?
If so, how would the present program be adapted or modified?
Please compare the outcome of the project with the objectives stated in the application form.
Were they successfully met? If not, why not?
How would you suggest improving similar projects in the future?
Other Comments:
Note: We request that a minimum of five slides (2" x 2" format) and/or three black and white
glossies (5" x 7" format) be included with this report, if applicable. These will be retained by
the Grants Program and should not be purchased with grant funds.
1989 Evaluation Report - Page 3
M Project Financial Information
NOTE; Attach a complete breakdown of "Expenditures a-k" and "Revenues a-f." indicate
ACTUAL expenditures paid from grant funds.
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 . Financial Statement Fees (see Handbook page 1, no. 3)
k. Other (itemize)
TOTAL PROJECT EXPENDITURES
REVENUES (for this project only)
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 (1)
IN -KIND APPROPRIATIONS (for this project only):
Materials/Services Contributed
a.
b.
C.
SUB -TOTAL IN -KIND (2)
AMOUNT REQUESTED FROM CfTY/LCAC GRANTS PROGRAM (3)
TOTAL PROJECT REVENUES
[Total Cash Revenues (1) + Total In -Kind (2) + Amount Requested from City/LCAC Grants
Program (3) - TOTAL PROJECT REVENUES.)