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HomeMy WebLinkAboutResolution - 2008-R0064 - Agreement - Civil Lubbock Inc.- Administer Cultural Arts Grant Program - 02_14_2008Resolution No. 2008-R0064 February 14, 2008 Item No. 6.7 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 the Civic Lubbock, Inc., to administer the Cultural Arts Grant Program, and 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 14th day of February , 2008. DAVID A. MILLER, MAYOR ATTEST: 1ke ��� -c- I 9.-A Rebocca Gacza, City Secr;,tary APPROVED AS TO FORM: Linda L. Chamales, Senior Attorney Office Practice Section LLCAU REs-Civic Lubbock Arts Agreement 08 January 10, 2008 Resolution No_ 2008-ROO64 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement ("Agreement') effective as of April 1, 2008 ("Effective Date") is made by and between the City of Lubbock, a Texas home rule municipal corporation ("City"), and the Civic Lubbock, Inc., a non-profit Texas corporation ("CLI"), for the purposes and considerations hereinafter expressed. WITNESSETH WHEREAS, Sections 351.002 and 351.003 V.T.C.A Tax Code authorize 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 35 L I01 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 application of the arts; and WHEREAS, there is now on deposit in the City's General Fund TWO HUNDRED TWENTY THOUSAND, FIVE HUNDRED SEVENTY EIGHT DOLLARS AND NO CENTS ($2201,578.00) (the "Funds') collected by the City on or before September 30, 2007, 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, CLI, 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, City and CLI 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 31, 2009. 2. In the event that CLI 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. CLI shall submit to City, for advance approval, any portion of its annual budget utilizing municipal hotel occupancy tax funds. 5. The City hereby agrees to pay to CLI the sum of TWO HUNDRED TWENTY THOUSAND, FIVE HUNDRED SEVENTY-EIGHT DOLLARS AND NO CENTS ($220,578.00) to be paid upon the execution of the Agreement by both parties. 6. The payment provided by City shall be deposited pending disbursement to application grantees in an interest bearing account at a federal insured depository of CLI's choosing. Only the principal shall be expended on grants. Agreement City/Civic Lubbock HOT grant Page 2 The interest accumulated in CLI's account and any unexpended principal shall be reported to the City at the end of the term of this Agreement (but retained by CLI for the funding of future grant applications). 7. All grants recommended by the Cultural Arts Grant Review Committee and the CLI Board of Directors shall be approved by the Lubbock City Council prior to the disbursement of any grant Funds. All grants shall be made in conformity, and CLI shall comply with all laws and provisions of, Chapter 351 of the Texas Tax Code. 8. CLI shall 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. CLI shall maintain records that are necessary to substantiate the grant Funds awarded. CLI 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 CLI (which may be paid from the Funds). 9. CLI shall make quarterly reports to the City Secretary with regard to such expenditures made by CLI and detailing how each grantee has expended its grant funds. This report shall include a list of each scheduled activity, program or event that is directly funded by the Funds provided herein or has its administrative costs funded in whole or in part by such Funds, and is directly enhancing and promoting tourism and the convention and hotel industries. 10. The Funds shall be disbursed to application grantees only in accordance with the Guidelines attached hereto. Agreement - City/Civic Lubbock HOT grant Page 3 11. CLI shall indemnify and save harmless the City 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 CLI, its agents or employees, in the execution or performance, or omissions of performance, of or under the Agreement. 12, CLI 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 Civic Lubbock, Inc. " EXECUTED this lkth day of February 2008. CITY OF LUBBOCK CIVIC IBBOCK, INC. DAVID A. IMILLER, MAYOR Dan Bu s, President ATTEST: Rcb cca Garza, City ecretar ATTEST: i L el ecreta y Agreement -- City/Civic Lubbock HOT grant Page 4 APPROVED AS TO CONTENT: Freddy Chav Civic Services Director APPROVED AS TO FORM: Linda L. Chamaies, Senior Attorney Office Practice Section KKCke'Ciyic Lubbock HOT agmt-2008 January CO, MOB Agreement — City/Civic Lubbock HOT grant Page 5 Resolution No. 2008-R0064 EXHIBIT "A" Cluic Lubb ck Inc art • culture - entertainment City of Lubbock Civic Lubbock, Inc. Cultural Arts Grant Program Guidelines and Procedures 11: INTRODUCTION Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 1 EXHIBIT "A" The City of Lubbock's Cultural Arts Grant Program, as administered by Civic Lubbock, Inc., provides local cultural organizations with financial support for projects that promote tourism and the arts and humanities in Lubbock. This is done in an effort to contribute to Lubbock's growing reputation as a regional cultural and entertainment center. Please be advised that funding for the City of Lubbock's Cultural Arts Grant Program comes from Hotel Occupancy Tax (HOT). Hotel Occupancy Tax is collected from local hotels, motels, and bed and breakfast inns. The revenues from Hotel Occupancy Tax can only be used for certain expenditures as outlined by law of the State of Texas. Therefore, in order to receive funding from the Cultural Arts Grant Program each project must show that it: 1. Directly promotes tourism and the convention and hotel industry, and 2. Involves the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion picture, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms. Civic Lubbock, Inc. accepts Cultural Arts Grant Program Applications from groups meeting the above criteria and wishing to receive HOT funds. Priority in funding will be given to those events that demonstrate the ability to generate overnight visitors to Lubbock. Civic Lubbock, Inc. also encourages all event organizers to patronize Lubbock businesses for food, supplies, materials, printing, and other services that add to the local economy. ELIGIBILITY 1. 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 directly promote tourism and the convention and hotel industry and promote the arts and humanities. 4. The project must begin within nine (9) months of the date of application and must be completed within twelve (12) months of the issuance of the 60% portion of the grant, unless otherwise specified in the application or as amended (as described in section titled AMENDMENTS TO APPOVED PROJECT PROPOSALS) Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 2 EXHIBIT "A" iall !1911Ke210] 0R__ Restrictions Grant funds may not be used for the following: • elimination of accumulated debt • any travel • personnel expense normally associated with general operations of the organization • operating/overhead expenses normally associated with general operations of the organization • fundraising events or activities • projects already funded or completed • receptions, social functions, or parties Funding Periods Applications will be accepted twice yearly on or before the following dates: June 1, 2008 For projects beginning after September 1, 2008 December 1, 2008 For projects beginning after March 1, 2009 Please Note: Should the 1" fall on a Saturday or Sunday, applications will be due on the preceding Friday. Matching Funds 1. Applicants must match all funds one -for -one (1:1) provided by the grant. Matching funds may be cash or in -kind contributions, with the in -kind NOT exceeding 25% of the total match and/or grant award. In all instances, the grants program encourages a 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 that 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 Civic Lubbock, Inc. and must be completed and returned within sixty (60) days of the project ending date. Failure to submit the ERF in the designated time frame could result in forfeiture of the remaining forty percent (40%) of the grant award. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 3 EXHIBIT "A" 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 on Civic Lubbock, Inc.'s website (www.civiclubbock.com) and through the Civic Center office. It is mandatory that all applying organizations send a representative to one of the! workshops during the calendar year. Applicants are encouraged to contact the Civic Services Director (staff liaison to the Grant Review Committee) at 775-2236 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 the Civic Services Director regarding project revisions, contractual obligations, and reporting requirements. Organizations submitting applications to the Grant Review Committee for the first time are required to schedule a pre -application review with the Civic Services Director at least two (2) weeks in advance of the application deadline. Appointments may be made by contacting the Civic Services Director at 775-2236. APPLICATION REVIEW Criteria The following criteria will be used in reviewing all applications submitted to the Cultural Arts Grant Review Committee. One (1) point is the lowest score. TOURISM IMPACT 1 MARKETING EFFORTS: 1-40 POINTS • Does the project directly promote tourism in Lubbock? • Does the project directly promote the convention and hotel industry in Lubbock? • Does the project include marketing efforts outside of the region? • Are these marketing efforts targeted to attracting tourism to the event/project? • Does the project offer collaboration among tourism partners, such as the Lubbock Convention and Visitor's Bureau (CVB), a local hotel, etc? • Has the event been registered with the CVB? ARTISTIC MERIT: 140 POINTS • Will the project use the funds for the encouragement, promotion, improvement, and application of the arts? • Is the project innovative? • Does the project promote excellence in the arts and the humanities? • Does the project contribute to Lubbock's reputation as a regional cultural center? Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 4 EXHIBIT "A" • Does the project serve to educate the public in the value of the arts & humanities? CAPABILITY: 1-20 POINTS • Does the organization show evidence of public and private financial commitment other than its request to Civic Lubbock, Inc.? • Is the amount requested reasonable in relation to the total cost of the project? Cultural Arts Grant Review Committee The Cultural Arts Grant Review Committee is a standing committee of Civic Lubbock, Inc. and consists of three Directors from the Civic Lubbock, Inc. Board and two members -at- large appointed by the Lubbock City Council. The City Council appointed members -at -large are appointed for a term of three years. The President of Civic Lubbock, Inc. or his/her designee will serve as an ex-officio member of the Cultural Arts Grant Review Committee. The Cultural Arts Grant Review Committee will meet to review and consider applications. The committee will be charged with the responsibility of making its recommendations to the full Civic Lubbock, Inc. Board. The Civic Lubbock, Inc. Board will then present the recommendations to the City Council, which has final authority. Applicants will be notified of the grant amount awarded following City Council approval. This process will be completed 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 Civic Lubbock, Inc. 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, principal participants and/or significant changes in the project budget that would impact the one -for -one (1:1) required match; 2. Changes in the project director or other professional personnel identified in the proposal; 3. Changes in the project budget that exceeds ten percent (10%) in items funded by the Cultural Arts Grant. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 5 EXHIBIT "A" Reconsideration Process An applicant may request reconsideration of a non -award recommendation by the Cultural Arts Grant Review Committee if that organization can demonstrate that: The Grant Review Committee failed to follow published application and review procedures; The Grant Review Committee demonstrated prejudice, capricious or arbitrary actions. Written requests should be directed to the President of Civic Lubbock, Inc. (1501 Mac Davis Lane, Lubbock, TX 79401) and must be submitted within 10 days of the date on the non -award notification letter. Only authorized officials listed on the application may request reconsideration. The Civic Lubbock, Inc. President will appoint an ad hoc three - member committee consisting of two Directors of the Civic Lubbock, Inc. Board (excluding Directors that serve on the Cultural Arts Grant Review Committee) and one City -appointed member of the Cultural Arts Grant Review Committee at its next regular meeting. The decision of the Civic Lubbock, Inc. Board of Directors is final as to the recommendations that will be presented to the City Council. The City Council's decision on funding is final. AFTER RECEIVING A GRANT Acknowledgment Proper acknowledgment must be given to the City of Lubbock/Civic Lubbock, Inc. 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 CIVIC LUBBOCK, INC. Failure to include this acknowledgment may result in cancellation of the grant. It is also recommended that the logos for the City of Lubbock and Civic Lubbock, Inc. be displayed with this acknowledgment as well. Please contact the Civic Center office for these images. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 6 EXHIBIT "A" 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 Civic Lubbock, Inc. 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 sixty (60) days of the project's ending date. The form is provided by Civic Lubbock, Inc. and must include an itemized account of the project to include receipts, invoices and other financial information as needed to document expenditures of grant funds and copies of all programs, publicity, and printed materials. Grant recipients are encouraged to provide copies of photographs, newspaper articles and reviews. ORGANIZATIONS THAT HAVE NOT SUBMITTED ERFs MAY NOT APPLY FOR FUTURE FUNDING UNTIL THEIR DELINQUENT ERFs HAVE BEEN SUBMITTED. Evaluation Rating System for ERF: Civic Lubbock, Inc. conducts an evaluation review of every grant using the ERF and supporting materials. THIS RATING IS AVAILABLE TO THE CULTURAL ARTS GRANT REVIEW COMMITTEE and is outlined below: "AAA" Rating (highest possible rating) • Showed direct evidence of promotion of tourism • Showed direct evidence of promotion of convention and hotel industry • Showed direct evidence of the encouragement, promotion, improvement and application of the arts • Submitted ERF by due date • Exceeded matching projections Submitted exceptional support documentation Showed direct evidence of tracking being completed and submitted to CVB ORGANIZATIONS SUBMITTING ERFs MORE THAN TEN DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN "AA" EVEN IF THEY HAVE MET ALL OTHER CRITERIA FOR A "AAA" RATING. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures EXHIBIT "A" "AA" Rating • Showed direct evidence of promotion of tourism • Showed direct evidence of promotion of convention and hotel industry • Showed direct evidence of the encouragement, promotion, improvement and application of the arts • Submitted ERF by due date • Met matching requirements as stated in contract • Submitted appropriate support documentation ORGANIZATIONS SUBMITTING ERFs MORE THAN 30 DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN "A" EVEN IF THEY HAVE MET ALL OTHER CRITERIA FOR A "AA" RATING. "A" Rating • Did not show direct evidence of promotion of tourism • Did not show direct evidence of promotion of convention and hotel industry • Did not show direct evidence of the encouragement, promotion, improvement and application of the arts • Submitted ERF past due date • Did not meet matching requirements as stated in contract • 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. GRANT RECIPIENTS THAT DID NOT MEET THE MATCHING REQUIREMENTS AS STATED IN THE CONTRACT WILL INCUR A REDUCTION IN THE REMAINING PORTION OF THEIR GRANT AWARD. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 8 EXHIBIT "A" REQUIRED DOCUMENTATION FOR GRANT APPLICATIONS One (1) original and eight (8) copies of the following must be included for applications to be considered: 1. Grant Application 2. Program Information Summary 3. Project Financial Information — Part 1 4. Budget Detailed Breakdown 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. Brief resumes of people involved in managing the project. 5. Copy of an independent audit or financial statements for the most recent operating year, and/or a copy of organization's IRS Form 990 submitted and filed for the most recent calendar year. Civic Lubbock, Inc. — Cultural Arts Grant Guidelines & Procedures 9