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HomeMy WebLinkAboutResolution - 6309 - Agreement - Lubbock Arts Alliance Inc. - Distribute Hotel Occupancy Tax Revenue - 05_13_1999Resolution No. 6309 Item No. 42 May 13, 1999 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 between the City of Lubbock and Lubbock Arts Alliance, Inc. of Lubbock, Texas to authorize the Lubbock Arts Alliance, Inc. to use a portion of revenue derived from the City of Lubbock's hotel occupancy tax for the encouragement, promotion, improvement, and application of the arts, and any other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day Ma 19.99. WINDY SI�TPN, MAYOR APPROVED AST CONTENT: '7 Connie Gi on Cultural A ervices Manager APPROVED AS TO FORM: "John M. Knight Assistant City Attorney ep CcdocslArts lliance.kes April 20, 1999 STATE OF TEXAS COUNTY OF LUBBOCK AGREEMENT Resolution No. 6309 Item No. 42 May 13, 1999 This agreement ("Agreement") effective as of May 13, 1999. ("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 TWENTY THOUSAND FIFTY EIGHT AND 38/1.00 DOLLARS ($120,058.38) (the "Funds") collected by the City on or before September 30, 1998, 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 (hereafter "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 the Agreement hereby agree as follows: 1. The term of this Agreement commences on the Effective Date and continues without interruption until March 1, 2000. 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 TWENTY THOUSAND FIFTY EIGHT AND 38/100 DOLLARS ($12W58.38) to be paid upon the execution of the 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 TWELVE THOUSAND FIVE AND 84/100 ($12,005.84) 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 and 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 the Alliance. In addition, the Alliance shall make quarterly reports to the 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. 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 the 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 13th day of May 1999. City of Lubbock LUBBOCK ARTS ALLIANCE, INC. f r WINDY SI ON, MAYOR 4 _ I Title: ATTEST: �L4W& Ka 7i Darnell, City Secretary APPROVED AS TO CONTENT: Connie G' bon Cultural ervices Manager APPROVED AS TO FORM: e � �� ohn M. Knight Assistant City Attorney City of Lubbock and Lubbock Arts Alliance 1999 Guidelines and Procedures Cultural Grants Program INTRODUCTION The City of Lubbock/Lubbock Arts Alliance Cultural Grant 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 An applicant must be a non-profit, 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 funded or completed Funding Periods Applications will be accepted twice yearly on or before the following dates: June 1, 1999 For projects beginning after September 1, 1999 December 1, 1999 For projects beginning after March 1, 2000 Matching Funds Applicants must match all funds provided by the grant. Matching funds may be cash or in -kind contributions, with the in -kind 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 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%) of the grant award. 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. WORKSHOP AND PRE -APPLICATION REVIEW Grant writing workshops will be presented prior to the two 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 2787. APPLICATION REVIEW Criteria The following criteria will be used in reviewing all applications submitted to the Grants Review Committee. One (1) point is the lowest score. SERVICE: 1-25 POINTS • Does the project primarily serve the residents of 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 the 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 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 the 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? 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-cfficio member of the Grants 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 set forth in the proposal and budget originally approved, or as subsequently amended by the organization, and approved in writing by the Lubbock Arts Alliance. Written requests for amendments must be submitted and approved prior to significant revisions of the following: Changes of project scope, purpose, activities, dates and times, or principal participants; Z Changes in the project director or other professional personnel identified in the proposal 3. Changes in the project budget which exceed ten percent (10%) in items funded by the Lubbock Arts Alliance. Reconsideration Process An applicant may request reconsideration of a 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 and one member of the Grants Review Committee 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 program. - THIS PROGRAM (EXHIBIT) MADE POSSIBLE IN PART THROUGH A GRANT FROM THE CITY OF LUBBOCK, 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 conclusion 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 project's ending date. 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 ERFs MAY NOT APPLY FOR FUTURE FUNDING UNTIL THEIR DELINQUENT ERFs HAVE BEEN SUBMITTED. Evaluation Rating System: The Lubbock 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 outlines 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 ERFs MORE THAN TEN DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN AA. 1. Met objectives 2. Submitted ERF by due date 3. Met matching requirements as stated in contract 4. Showed evidence of well administered contract 5. Showed evidence of quality artistic activity 6. Received community support 7_ Submitted appropriate support documentation ORGANIZATIONS SUBMITTING ERFs MORE THAN 30 DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN A. 0 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 ERFs MORE THAN 60 DAYS PAST THE DUE DATE WILL FORFEIT THE REMAINING 40% OF THE GRANT AWARD. REQUIRED ATTACHMENTS FOR GRANT APPLICATIONS One (1) copy of the following attachments must be included for applications to be considered- 1 . Copy of the organization's IRS nonprofit tax -exemption letter. 2. List of the organization's Board of Directors. 3. Brief narrative on the purpose and history of the organization. 4. Resumes of people involved in managing the project. 5. Outside information (news clippings, programs, etc.) where applicable. 6. Copy of an independent audit or financial statements from a certified public accountant for the most recent operating year, and/or a man organization's IRS Form 990 submitted and filed for the most recent calendar year. 1999 City of Lubbock/Lubbock Arts Alliance Cultural Grants Program APPLICATION FORM 1. Office Use Only - Do Not Write In This Space Date Received: Amount Requested: Application No.: Amount Funded: 11, 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. Ill. Organization Information Organization: Mailing Address- Street/PO Box Chief Administrative Officer & Title: Project Director° Applicant Organization is legally: IRS Tax Exempt Unit of Government City State Zip Telephone(s): College/L7niversity 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 ST Zip Project Beginning Date: Project Ending Date: IV. Organization Financial Information Total Operational Budget: Previous Current Revenues: $ $ $ Expenditures: $ Projected 1999 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 "Cultural Grants Program Guidelines and Procedures." Additional pages will not be accepted) 1999 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 1999 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 Iiability 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: Signature: Typed Name: Date Signed: Project Director: Signature: Typed Name: _ Date Signed: 1999 Application Form - Page 4 VII. Project Financial Information Note: On a separate page, attach a complete breakdown of "Revenues a-f' and Expenditures a j."* Round figures to nearest dollar. *Example; b. Professional Services Choreographer $1000.00 Principal Dancer 500.OQ Sub -total $1500.00 REVENUES (for this project only) Description (A) (B) LAA Funds In -Kind Materials/Services Contributed a. LAA Funds Granted b. Fees/Paid Admissions xxxxxxxxxx x c. Individual Donations xXXXxxX�Cx.XXx d. Corporate/Business Contributions XXXXJUUUUCXXX e. Organization Funds XXXXXXX)UUUUC f. Foundation Support XXX >CxXxxx�C g. Other (itemize) xxxx x xXXXXX (C) (D) Cash Total Add each line across and each column down. REVENUE TOTALS (A) (B) (C) Total of A+B+C* EXPENDITURES (for this project only) (A) (B) (C) (D) Description LAA Funds In -Kind Cash Total Materials/Services Add each line across and Contributed each column down. a. Organization's staff salaries b. Professional services (artists, consultant fees, etc.) c. Facilities/Equipment d. Travel/Transportation XxxXxxxxxxx e. Lodging xxxXxxxxxxx f. Rentals (other than facilities) g. Supplies/Materials h. Promotion/Publicity i. Postage/Telephone j. Other (itemize) — EXPENDITURE TOTALS (A) (B) (C) Total of A+B+C' NOTE: TOTAL PROJECT REVENUES(*) MUST EQUAL TOTAL PROJECT EXPENDITURES(")