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HomeMy WebLinkAboutResolution - 2003-R0081 - Agreement To Administer The Art Grant Program - 02_27_2003Resolution No. 2003-R0081 February 27, 2003 Item No. 16 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 Arts Alliance, Inc., to administer the art 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 City Council. Passed by the City Council this 27th day of February 2003. ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: aathenne Prose, Interim Buddy Holly Center Director APPROVED AS TO FORM: 10 William de Haas Contract Manager/Attorney CCdocs/kb/lubbockartsallianceres February 17, 2003 Resolution No. 2003-R0081 February 27, 2003 Item No. 16 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement ("Agreement") effective as of March 1, 2003 ("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 FORTY TWO THOUSAND TWO HUNDRED SEVEN DOLLARS AND NO CENTS ($142,207.00) (the "Funds") collected by the City on or before September 30, 2001, for the City of Lubbock/Lubbock Arts Alliance, Inc. Agreement 1 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 February 29, 2004. 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 FORTY TWO THOUSAND TWO HUNDRED SEVEN DOLLARS AND NO CENTS ($142,207.00) 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 FOURTEEN THOUSAND, TWO HUNDRED TWENTY DOLLARS AND SEVENTY CENTS ($14,220.70) may be expended for administrative expenses. The balance of that payment provided by City shall be deposited City of Lubbock/Lubbock Arts Alliance, Inc. Agreement 2 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 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 (which may be paid from the Funds). 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, City of Lubbock/Lubbock Arts Alliance, Inc. Agreement 3 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 27th day of February 2003. City,4f Lubbock LUBBOCK ARTS ALLIA CE, INC. ' BY: MARC MCDO GAL, MAYOR , Title: ATTEST: Rebecca Garza, City Secretary City of Lubbock/Lubbock Arts Alliance, Inc. Agreement 4 APPR D AS TO CONTENT: Catherine Prose Interim Buddy Holly Center Director APPROVED AS TO FORM: .r 77 '& /"" William de Haas Contract Manager/Attorney BDH: kb/ArtsAlliance-2003. doc February 17, 2003 City of Lubbock/Lubbock Arts Alliance, Inc. Agreement