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HomeMy WebLinkAboutResolution - 1909 - Agreement - LCAC - 1985 Cultural Grants Program - 01_10_1985Resolution #1909 Agenda Item #5-c January 10, 1985 MH:js 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 Cultural Affairs Council for the encouragement, promotion and improvement of all forms of arts, attached herewith, which 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 3n-4etail. Passed by the City Council this 4 ATTEST: anette/doyd, City Secretary APPROVED AS TO CONTENT: (�SS Bob Cass, Assistant City Manager APPROVED AS TO FORM: MicheA Har , Assis ant City Attorney Resolution #1909 ja STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This Agreement between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Cultural Affairs Council, a Texas nonprofit corporation ("Council"), for the purposes and considerations hereinafter expressed: LIT TAI CC CC TLI. WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to levy by ordinance a hotel occupancy tax which may not exceed seven percent 0%) of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, authorizes the City to provide for the use of no more than one percent (1%) of the consideration paid by a hotel occupant for the encouragement, promotion, and improvement of all forms of arts; and WHEREAS, there is now on deposit in the City's General Fund $85,241.00 (the "Funds") representing that portion of the hotel occupancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1984, for the fiscal year ending that date; and WHEREAS, the Council comprised of a cross-section of those interested in and participants of the Lubbock arts community, has proposed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the informa- tion of a Review Committee to recommend to the City how the Funds should be distributed: NOW THEREFORE, the City and Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guidelines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $85,241.00 herein referred to in three (3) equal install- ments of $28,413.67, the first installment to be paid upon the signing of this Agreement, the second on or before August 15, 1985, and the third on or before November 15, 1985. The Council shall submit a request for payment to the City hereunder and the City shall submit said payment to the Council within twenty-one (21) days from receipt of said request for payment. 3. From the first installment paid by the City, $4,262.05 may be deposited by the Council in its operating account and used to cover the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending dispersal to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this Agreement (or sooner at the convenience of the parties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the Guide- lines approves applications for grants in excess of the amounts disbursed by the City, but less than the total amount of $85,241.00, the City, in its discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at - 2 - any time, and shall make at least quarterly reports to the City. The Council will, annually, furnish the City with a financial report detailing how each grantee has expended their grant Funds. 7. The Council shall allow the City's duly employed certified public accountants to audit the use of the Funds and shall be responsible for the costs of the Audit (which may be paid from the Funds), and any other expenses incurred by the City in assuring that said Funds are properly dispersed by the Council. B. The Council does hereby indemnify the City from any liability rising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless there- from. 9. The Council will request that each grantee give appropriate credit to include the following acknowledgement on printed programs or other information by the grant recipients: "This program (exhibit) made possible (in part) through a grant from the Lubbock City Council, as recom- mended by the Lubbock Cultural Affairs Council." 10. This Agreement expires December 31, 1985. Executed this day of January, 1985. THE CI Y LUB LUBBOCK oCULTURAL AFF RS COUNCIL ALA Y, M OR JOftN A. LOGAN, SECRET Y ATTEST: Ran_e to Boyd City -Secretary APPROVED AS TO CONTENT: cAgS Bob Cass Assistant City Manager APPROVED AS TO FORM: 2za.,Q l 6�� MicheAe Hart Assistant City Attorney - 3 - Resolution #1909 Exhibit A THE LUBBOCK CULTURAL AFFAIRS COUNCIL AND THE CITY OF LUBBOCK 1985 HANDBOOK CULTURAL GRANTS PROGRAM The Lubbock Cultural Affairs Council Is a division of the Lubbock Chamber of Commerce APPLICATION DEADLINES JUNE 1, 1985 Projects beginning After September 1, 1985 DECEMBER 1, 1985 Projects Beginning After March 1, 1986 1985 Revised Application - Previous application forms are no longer valid 1 GENERAL 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 total thrust of the proposed project must represent a significant effort toward the prcmotion of the arts and humanities. 4. Applicants must match all funds provided by the grant. A portion of their match may be "in kind" non -cash donations for goods and services which pertain directly to the administration of the project. 5. Funding may not be used for personal expenses or for anything not directly related to the advancement of the arts and humanities in the Lubbock community. b. a.) LCAC grant commitment may be used as matching funds when applying for funds from another agency or source; b.) however, actual funding of the LCAC grant will be contingent upon approval from the other agency or source. 7. LCAC grants may not be used for projects already completed or funded. 8. Upon award, 80% of the grant will be scheduled for payment. The remaining 20% will be paid upon receipt of the applicant's written evaluation. This evaluation form will be provided by the Lubbock Cultural Affairs Council and must be completed and returned to the Council within ninety days of grant termination. 9. 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 Grant application. CRITERIA The Grants Review Committee will consider the following criteria in reviewing each application for a grant. They will grade each one on a basis of zero through ten points for each question. This will be used only as a "guide" along with other information In making a decision. 1. Project primarily serves the residents of and/or visitors to the Lubbock area. 2. Project contributes to the economy and/or promotes tourism in Lubbock. -1- Criteria Continued 3. Contributes to Lubbock's reputation as a regional cultural and entertainment center. 4. Serves to educate the citizenry in the arts and humanities. 5. Promotes the arts and humanities in education. 6. Organization has demonstrated sound fiscal management. 7. Organization is capable of implementing the proposed project. 8. Significant funds have been committed by the organization for the project. 9. Emphasis is directed towards a specific project or performance Instead of ordinary day-to-day financial requirements of the organization. 10. The value of the specific proposal outweighs the fact that other projects submitted by the group have been funded in the past. 11. Proposal has encouraged collaboration between organizations. 12. Project promotes access to the arts and humanities of the entire comwn i ty . 13. Project promotes the development and/or identification of creative talent. 14. Project is Innovative. 15. Project initially benefits a small number of people, but has the long term potential to benefit larger numbers in the future. 16. Project improves the quality of arts or humanities available in the comwnity. 17. The total budget is commensurate to the project. 18. Project proposal includes adequate means for publicizing both the project and the City of Lubbock/Lubbock Cultutal Affairs Council Grants Program. 19. Critical review of past efforts demonstrate predictable success for the project. -2- FINANCIAL REQUIREMENTS 1. Applicants must submit a copy of a financial statement from a certified public accountant or a copy of an independent audit for their most recent operating year. Books and records must be maintained for a least one year after termination of the grant and must be exhibited upon request by the City Council or the Lubbock Cultural Affairs Council. A financial statement from a certified public accountant or an independent audit will be required for the fiscal year in which the grant is given. Reimbursement for the aforementioned cost may be requested in the grant application (Section D, Letter Q . Upon award, eighty percent (80%) of the grant will be scheduled for payment. The remaining twenty percent (20%) will be paid upon receipt of the applicant's written evaluation. This evaluation form is provided by the Lubbock Cultural Affairs Council and must be completed and returned to the Council within ninety days of project termination. Failure to submit evaluation form in the designated time frame will result to the 20% forfeit by the organization. OTHER CONSIDERATIONS 1. Applicants are strongly encouraged to visit with the executive director of the Lubbock Cultural Affairs Council during development for the grant application. 2. Applicants are strongly encouraged to turn in their completed application in week or more prior to the application deadline. This is the only way in which the staff will be able to review applications for completeness prior to final review. Applications not completed by the application deadline will not be considered. SELECTION PROCEDURE/DEADLINES The review committee consists of four members of the Lubbock Cultural Affairs Council and two members to be appointed by the Lubbock City Council. The committee will review applications and make reca mend- ations 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 LCAC will serve as an Ex-officio member of the review committee. Applications will be considered twice yearly. This deadlines apply each year: June 1 - for projects beginning after September 1 December 1 - for projects beginning after March 1 -3- The Review Committee will meet and consider completed applications within three weeks of the application deadline, In the vent additional supportive material is required of any applicant, decisions on all applications will be made at subsequent meeting of the Review Committee. In any event, the Review Committee will be charged with the responsi- bility of making its recarmmendations to the City Council as early as possible after the respective deadline. The approved applications in any granting period may not neces- sarily total the available funds for that period. If this occurs, the remaining funds will be carried over into the next granting period. APPLICATIONS CHECKLIST Applications will be considered only if the following information is included: 1. Name of organization, address, phone number of a contact person. 2. Copy of organization's IRS letter showing that the organization is a non-profit, tax-exempt organization. 3. Signature authorizing this grant application from the President or Chairman of the organization and the Manager, Executive, or Staff Director. 4. A list of the Board of Directors. 5. A brief (250 word) narrative on the purpose, activities and history of the organization. _ 6. Resumes from people directly involved in managing and in imple- menting the project. 7. Copy of financial statement signed by a certified public ac- countant or an independent audit for most recent fiscal year. 8. Outside Information, including newspaper clippings, flyers, programs, pictures, etc., where applicable. -4- 1985 LUBBOCK CULTURAL AFFAIRS COUNCIL / CITY OF LUBBOCK GRANT APPLICATION FORM Seven copies of your typewritten application must be submitted to the Lubbock Cultural Affairs Council, P.O. 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. PLEASE USE SPACE PROVIDED. SECTION A - ORGANIZATIONAL INFORMATION 1. Official Name of Organization: 2. Mailing Address of Organization: 3. Chief Administrative Officer and Title: 4. Project Director: Phone Number: 5. Project Title: 6. Applicant Organization is legally: IRS Tax Exempt - College/University Governmental Unit Other 7. Person to wham all correspondence or telephone inquiries about this application should be directed: Name: Phone Numbers BLLSiness : Address: Ham: SECTION B - PRLI7ECT DESCRIPTION 8. Project beginning date: Project completion date: Date LCAC grant funds actually needed: * June 1 projects should begin after September 1. December 1 projects should begin after March 1. (Based on availability of funds, there is same leeway in advancing funds prior to these dates.) APPLICATION FORM - PAGE 1 PLEASE USE SPACE PROVIDED. OTHER PACES WILL NOT BE CONSIDERED FOR QUESTIONS 11 - 15. 9. Number of persons to be directly served by this project: 10. What other organizations will assist you in bringing this project to fruition. 11. Clearly and concisely describe this project: 12. How did this project originate: 13. What are the objectives of this project: 14. Why is this project needed by the Lubbock Community: 15. How will you publicize the project: 16. Please list persons with business and managerial skill who will help you administer this project. Please include their telephone numbers. APPLICATION FORM - PAGE 2 SECTION C - ORGANIZATION'S FDZU CIAL IMMI MATICN Total Operational Budget Fiscal Year 1983: Fiscal Year 1984: Fiscal Year 1985: SECTION D - PROL= BUDGET INFORMATION (A separate sheet may be used) Expenditures for this project only a. Organization's staff salaries (Normal salary should be listed as an "in kind" expenditure) b. Professional services (artist fees, consultant fees) c. Facilities d. Travel and transportation e. Lodging f. Rentals (other than facilities) g. Supplies and materials h. Promotion i. Printing j. Postage and telephone k. Financial statement fees (see no. 1/pg. 2 handbook) 1. Other (itemize) Cash Revenues for this project only a. Admission, tickets, concessions, tuition, _ registration fees, application fees, etc. (earned inccem directly related to project) b. Individual donations specifically for this project c. Organizational funds budgeted specifically for this project d. Business and industry contributions specifically for this project e. Foundation support for this project f. Other (itemize) TOTAL CASH & CONTRIBUTIONS In -Kind Appropriations for Project (Please itemize) a. b. C. TOTAL IN -KIND TOTAL PRQ7EC'T COST (Cost should equal expenditures) APPLICATION FORM - PAGE 3 SECTION E - Applications will be considered only if the following is included. 1. A copy of the organization's IRS non-profit tax -exemption letter. 2. A list of the. organization's board of directors. 3. A brief narrative on the purpose and history of the organization. 4. Resumes of people involved in managing this project. 5. Outside information (news clippings, programs, etc.) where applicable. 6. A copy of an independent audit or a financial statement from a certified public accountant for the most recent operating year. SECTION F If a grant is awarded, the applicant hereby gives assurances to the Lubbock Cultural Affairs Council 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. Appropriate credit will be given by all grant recipients in the following manner: "This program (exhibit) made possible (in part) through a grant from the Lubbock City Council, as recommended by the Lubbock Cultural Affairs Council." 4. The undersigned have been authorized by the applying organization to submit this application. 5. The applicant is a non-profit entity as defined by the IRS, an educational institution, or a unit of government. 6. The applicant shall retain a copy of the 1984 Lubbock Cultural Affairs Council/City of Lubbock grants handbook and shall execute grant by the rules and regulations stated therein. 7. The Applicant hereby agrees to indemnify the LCAC from any liability rising out of the disbursement and use of grant funds including, but not limited to any cause of accidents or claim arising at events made possible or partially possible by the funds. (In so far as the Constitution and laws of the State of Texas permit in applications made by Texas Tech University) 8. Unless grantee submits eonpleted project evaluation form within ninety days of project's termination, grantee forfeits final 20% of grant funds. APPLICATION FORM - PAGE 4 we hereby certify that all figures, facts, and representations made in this application, including any attachments, are tnie and correct to the best of our knowledge, Chief Administrative Officer: Project Director: Signature r...�,. = Date Signature Typed Name Date APPLICATION FORM - PAGE 5 Resolution #1909 THE STATE OF TEXAS ) COUNTY OF LUBBOCK ) This agreement is made this day of , 1985, at the City of Lubbock, County of Lubbock, State of Texas, between the Lubbock Cultural Affairs Council, hereinafter called Party of the First Part and Part. hereinafter called Party of the Second The Party of the First Part has herein agreed to grant Party of the Second Part funds in the amount of for the specific purposes set out below. Party of the Second Part specifically covenants with the Party of the First Part that it meets the eligibility requirements for such grant to -wit: 1) That Party of. the Second Part is a non-profit, tax-exempt organization holding confirmation letters from the Internal Revenue Service showing such status; and has been chartered and actively in pursuit of its goals at least one year prior to the making of the application for this grant; 2) The project for which this grant was applied will serve residents of and/or visitors to the Lubbock area; 3) The Party of the Second Part will maintain books and records and will be prepared to exhibit financial statements to Party of the First Part following the termination date of the grant for at least one year, upon request of the City Council or the Lubbock Cultural Affairs Council. 4) Party of the Second Part will submit an audit or a financial statement from a certified public accountant or an independent audit for the fiscal year in which the grant is issued (If the party of the Second Part is Texas Tech University, then an "independent" audit is not required). 5) Party of the Second Part will provide a written evaluation on a form provided by Party of the First Part concerning the project and provided as a record of the project to the Party of the First Part within ninety days of the termination date of the project. 6) Party of the Second Part shall not use the grant funds for personal expenses nor for anything not directly related to the advancement of the arts and humanities within the Lubbock ccmminity. J 7) Party of the Second Part states the project and programs for which this grant is requested will contribute to Lubbock's cultural identity and assist in prcmoti.ng tourism, either directly or indirectly. 8) Party of the Second Part covenants that management of the project will be sound and capable of implementing said project as proposed. 9) Party of the Second Part shall make the projects and programs accessible to the public. 10) Party of the Second Part shall make significant effort toward expanding the arts and outreach to the public in a total effort of the Party of the Second Part. 11) Grant funds fran the Party of the First Part may be used as matching funds; however, Party of the Second Part states the grant funds herein requested shall not be used for projects already ccopleted or previously funded. 12) In so far as the laws and the Constitution of. the State of Texas permit, The Party of the Second Part does hereby indemnify the Party of the First Part fran any liability rising out of the disbursement and use of this grant including but not limited to any cause of accident or claim arising at events made possible or partially possible by the grant, and agrees to hold the Party of the First Part harmless therefrom. 13) Party of the Second Part states that the grant funds requested shall be applied to the following categories: Theater Architecture Music Visual Arts Dance Historic Preservation Humanities Combination of Art Forms Media Other 14) Party of the Second Part agrees that appropriate credit will be given in the following manner verbally and/or printed "This program (exhibit) made possible (in part) through a grant from the Lubbock City Council, as recc m -ended by the Lubbock Cultural Affairs Council." 15) Party of the Second Part agrees to abide by all rules and regulations as stated in the 1985 grants application handbook. Party of the First Part shall, upon the awarding of this grant, will schedule eighty percent (80%) of the grant funds for immediate payment. Party of the First Part will retain twenty percent (20%) of the grant funds to be paid only after receipt of the written evaluation due within ninety days following termination of project provided hereinabove by Party of the Second Part. In the event any of the requirements for the awarding of this grant are violated or if the purpose for which these grant funds are awarded is altered or change or monies are applied to any other purpose other than the purpose specif- ically stated in the application for these funds, Party of the Second Part shall immediately remit to Party of the First Part all grant funds heretofore expended by Party of First Part together with earned interest at the highest legal interest rate. This written Agreement contains the sole and entire agreement between the parties. The parties acknowledge and agree that neither of them has made any representations inducing the execution and delivery hereof except such representation as is specifically set forth herein and each of the parties hereto acknowledges that he or it has relied on his or its own judgment in entering into samne. Parties hereto further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with each other. It is further agreed that no waiver or modification of this Agreement or any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and that no evidence of waiver of modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of any party here- under unless such waiver of modification is in writing duly executed as afore- said, and parties further agree that the provisions of this paragraph may not be waived except as herein set forth. The term of this contract shall be for one year following the execution of this contract, unless otherwise mutually agreed thereto in writing. J The parties hereto agree that it is their intention and covenant that this Agreement and performance hereunder and all snits and special proceedings hereunder be construed in accordance with and pursuant to the laws of the State of Texas and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement the laws of the State of Texas shall he applicable and shall govern to the exclusion of the law of any other form, without regard to the jurisdiction in which any action or special proceeding may be instituted. BY LUB CULTURAL AFFAIRS IL BY /?� V'J' Party of the Second f SUBSCRIBED AND SWORN TO BEFORE ME on this the day of 1985. NOTARY PUBLIC in and for Lubbock County, Texas My Commission Expires: