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HomeMy WebLinkAboutResolution - 4350 - Agreement - Lubbock Arts Alliance Inc - HOT Fund For Application Of The Arts - 01_13_1994Resolution No. 4350 January 13, 1994 Item 4B RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LU13BOCK: 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, attached herewith, by and between the City of Lubbock and Lubbock Arts Alliance, Inc., and any associated documents, which Agreement 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 ATTEST: Betty M. JohnsonVCity Secretary APPROVED AS TO CONTENT: (�j- & - - � -� � Robert Masseng e, 0--)r:m sistant City Manager of Financial Services APPROVED AS TO FORM: City Attorney noV:da/rcdaa/L2KARTs.K. January 4, 1994 Resolution No. 4350 January 13, 1994 Item 4B STATE OF TEXAS § COUNN 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 $117,643.62 (the "Funds") collected by the City on or before September 30, 1993, 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 $117,643.62 in three equal installments of $39,214.54, the first installment to be paid upon the execution of this agreement by both parties, the second on or before May 15, 1994, and the third on or before August 15, 1994. 3. From the first installment paid by the City, $5.882.18 (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 $117,643.62, 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, 1994. Executed this ATTEST: Betty Johnson City Secretary 13th APPROVED AS TO CONTENT: Irdbert Massengale Assistant City Manager for Financial Services APPROVED TO F I- Db6ald G. V div r, irst Assistant City Attorney -4- G./Harvey, President INC.: INTRODUCTION The City of LubbockfLubbock 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 LubbocVs 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 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. • personal expenses. • out-of-town travel. a operating/overhead expenses. • fundraising events or activities. 0 projects already completed or funded. • receptions, social functions or parties. Funding Periods Applications will be accepted twice yearly on or before the following dates: JUNE 1, 1994 (for projects beginning aft= September 1, 1994) DECEM 3ER 1, 1994 (for projects beginning after March 1, 1995) 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. 3. City of Lubbock/Lubbock Arts Alliance grants may be used as matching funds 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 1. 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%). 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 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 ;s mandatory that a1_1 aovLicants attend one of the worlshM dvrinu the c encim-vear. 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 citizenry in the arts and humanities. • The project supports the preservation and enrichment of the diverse cultural resources of the community. • The proposal encourages collaboration between 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 organization: • The applying organization has demonstrated sound fiscal management. • The applying organization is capable of implementing the proposed project. • Significant funds have been committed by the organization for the project. • 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, 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. 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 based on insufficient information through no fault of the applicant. 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 the 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 origan, 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 a 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 projects 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 detail 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 -- 8 artists @ $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. b. Resumes of people involved in managing the project. 6. Outside information (news clippings, programs, etc.) where applicable. 7. Copy of an 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. 1994 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: H. Geneml Instructions SEVEN (7) coples 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 Qp1y space provided. Other pages will not be considered. III. Organization Infornuziion Organization: Mailing Address: StreeVPO 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: StreeVPO Box City St. Zip Project Beginning Date: Project Ending Date: IV. Organization FYnaw&d 1nforrna an Total Operational Budget: Previous Current Projected Revenues: $ $ $ Expenditures: $ $ $ 1994 Application Form - Page 2 V. Piveea ew7 iption 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 "Cultural Grants Program Guidelines and Procedures." Additional pages will not be accepted.) 1994 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. W. 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 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 1994 City of Lubbock/Lubbocic 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: Signature: Typed Name: Date Signed: Typed Name: Date Signed: 1994 Application Form - Page 4 M. P»Vect Fnanci d Information ATTENTION: ATTACH a SEPARATE PAGE. detailing Revenues a-f" and "Expenditures a-]." Indicate, with an asterisk ('), those expenditures to be paid from grant funds. Round figures to nearest dollar. REVENUES (for this project only; indicate sources as " eo ndinq" or "committed") CASH: EL 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): Materials/Services Contributed EL b. C. SUB -TOTAL IN -KIND AMOUNT REQUESTED FROM CITY/ -CAC GRANTS PROGRAM TOTAL PROJECT REVENUES [Total Cash Revenues (1) + Total In -Kind (2) + Amount Requested from City/LCAC Grants Program (3) - TOTAL PROJECT REVENUES.] 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 I. Rentals (other than facilities) g. Supplies/Materials h. Promotion/Publicity I. Postage/Telephone j . Other (itemize) TOTAL PROJECT EXPENDITURES { • ) (`) TOTAL PROJECT REVENUES MUST EQUAL TOTAL PROJECT EXPENDITURES 1994 City of Lubbock&ubbock Arts Alliance Cultural Grants Program EVALUATION REPORT FORM IMPORTANT! This typewritten form must be completed within thirty (30) days of the conclusion of the project in order to receive the remaining 20% of the award. L Off "ice Use Only - Do Not Write In This Space Grant Number: Date Received: Grant Amount: Reviewed By: IZ Organizationlnformation Organization: _ Mailing Address: Street/PO Box Evaluation Reported By: Mailing Address: StreeVPO Box Telephone(s): Business Home Project Title: City State Zip City State Date Reported: _ III. PiVeetDescription Zip Project Summary: (in the space below, provide a concise summary of the project for which you were funded. Were the objectives met, as stated In the application for the project?) 1994 Evaluatlon Report - Page 2 M. Pivect Inform "On Project Dates: to Total Attendance: mo day yr mo day yr List the approximate percentages of the age of the audience served by this project: Under 18 % 36-65 1 9 - 3 5 % Over 65 List the approximate percentages of the race/ethnic make-up served by this project: American Indian/Alaskan Native Asian/Pacific Islander Black, not Hispanic Hispanic White Total: In the following spaces provide the actual number of individuals who participated in the project: 1. Artists who received a fee 2. Artists who volunteered their time or work 3. Other volunteers 4. Full-time personnel 5. Part-time personnel Describe any specific outreach efforts made to involve ethnic communities or special constituencies. Attach copies of publicity and any press reviews you may have received. Describe any formal methods of evaluation which your organzatlon may have conducted for this project. Other Comments: 1994 Evaluation Report - Page 3 N. PtVectFtinan kd nfomzatzon ATTENTION: ATTACH a SEPARATE PAGE, detailing "Revenues a-f" and "Expenditures a-]." Indicate, with an asterlsk M ACTUAL expenditures paid from grant funds. 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 IN -KIND APPROPRIATIONS (for this project only): Materials/Services Contributed a b. C. SUB -TOTAL IN -KIND AMOUNT RECEIVED FROM CITY/ -CAC GRANTS PROGRAM [Total Cash Revenues (1) + Total In -Kind (2) + Amount Received from City/LCAC Grants Program (3) - TOTAL PROJECT REVENUES.] 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)