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HomeMy WebLinkAboutResolution - 5847 - Contract - Lubbock Arts Alliance Inc - Encouragement, Promotion, Etc Of The Arts - 05_14_1998MSOLUTION NO. 5847 Item #16 May 14, 1998 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, a contract for the encouragement, promotion, improvement and the application of the arts, by and between the City of Lubbock and the Lubbock Arts Alliance, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th day of MAy 1998. 1' /..,•/�.- ATTEST: a a Darnell City kejretary APPROVED AS TO CONTENT: 0 && � Connie GibbotV Cultural Arts Services Manager APPROVED AS TO FORM: /Prime William de Haas Municipal Contracts Attorney Ccdocs/Lubbock Arts Alliance Contract.Res May 14, 1998 RESOLUTION NO. 5847 Item #16 May 14, 1998 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement ("Agreement') effective as of may 14, 1998, ("Effective Date")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 ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED SEVENTY NINE AND 11 / 100 DOLLARS ($117,179.11) (the "Funds") collected by the City on or before September 30, 1997, for the fiscal year ending on that date. The 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; NOW THEREFORE, the City and the Alliance for and in consideration of the terms and conditions set forth in this Agreement hereby agree as follows: 1. The term of this Agreement commences on the Effective Date and continues without interruption until March 1, 1999. 2. In the event that Alliance breaches any term and/or provision of this Agreement City shall be entitled to terminate this agreement immediately. 3. The City hereby adopts the Guidelines attached hereto as Exhibit A and the procedures set forth therein. 4. The City hereby agrees to pay to the Alliance the sum ONE HUNDRED SEVENTEEN THOUSAND ONE HUNDRED SEVENTY NINE AND 11/100 DOLLARS ($117,179.11) to be paid upon the execution of this Agreement by both parties. 5. Ten percent (10%) of the Funds may be used by Alliance to pay the estimated administrative costs of the disbursement of the Funds. No more than ELEVEN THOUSAND SEVEN HUNDRED SEVENTEEN AND 91/100 ($11,717.91) may be expended for administrative expenses. The balance of that payment provided by City shall be deposited pending disbursement to application grantees in an interest bearing account at a federal insured depository of the Alliance's choosing. Only the principal shall be expended on grants. The interest accumulated in Alliance's account shall be 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.) 6. All grants recommended by Alliance and the review Committee shall be approved by the Lubbock City Council prior to the disbursement of any grant Funds. 7. 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. Alliance shall maintain records that are necessary to (1) either substantiates the grant Funds awarded or (2) to document any business expenses incurred in performing the service. Alliance shall, upon request and during normal business hours, provide access to its corporate books and records to the City. The cost of all audits deemed necessary by City shall be the responsibility of Alliance. In addition, Alliance shall make quarterly reports to City with regard to such expenditures made by the Alliance and detailing how each grantee has expended its grant funds. 8. The Funds shall be disbursed to application grantees only in accordance with the Guidelines attached hereto. APPROVED AS TO CONTENT: Connie Gibbons, &Jural Arts Services Manager APPROVED AS TO FORM William de Haas, Municipal Contracts Attorney 9. Alliance shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of Alliance, its agents or employees, in the execution of this Contract. 10. The Alliance will request that each grantee receiving Funds include the following acknowledgment 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." EXECUTED this 14th day of May 1998. CITY OF LUBBOCK ATTEST: Kayffi6ebarnell, City Secretary LUBBOCK ARTS ALLIANCE, INC. LIB.