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HomeMy WebLinkAboutResolution - 3057 - Grant Application - TCA - LFAC Texas Triennial Exhibition Funding - 03_09_1989Resolution # 3057 March 9, 1989 Item # 15 DGV:da 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 Services by and between the Texas Commission on the Arts and City of Lubbock Fine Arts Center, 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 in detail. Passed by the City Council this 9th day of ATTEST: - Ranet a Boyd, City Secretary APPROVED..AS TO CONTENT: Rita Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: DohIld G. Vandiver, First Assistant City Attorney March B.C. McMI N, MAYOR , 1989. City of Lubbock Resolution #3057 MITI LIN THEE APTS MART1989 3u D Contract For Services Between Texas Commission on the Arts and City of Lubbock Fine Arts CegL #8559 VA/VA RECEIVED State of Texas x MAR Z 7 1989 County of Travis X I MAWR'.$,0FBnC SECTION 1. PARTIES TO OONTRACT This contract and agreement is made and entered into by and between the Texas Commission on the Arts, an agency of the State of Texas, hereinafter referred to as "the Commission" and City of Lubbock Fine Arts Center, hereinafter referred to as "Service Provider." The parties hereto have severally and collectively agreed, and by the execution of this contract are bound, to the mutual obligations and to the performances and accomplishment of the tasks described herein. SECTION 2. EQUAL OPPORTiJNITY STATEMENT The Texas Commission on the Arts is committed to the principles of equal opportunity and affirmative action. The Commission will not knowingly discriminate among employees or applicants on the basis of race, color, religion, sex, national origin, age or physical handicap. These criteria will not be used by either the Commission or the contractee when making decisions. SECTION 3. CONTRACT PERIOD The period for performance.of this contract shall commence May 22, 1989 and shall terminate August 31, 1989. SECTION 4. OBLIGATIONS OF SERVICE PROVIDER A. Services The Service Provider shall, during the period of this contract, provide the services, activities, and performances in accordance with Attachment A, which is attached hereto and hereby made a part of this contract. B. Assurances .. The Service Provider shall perform its obligations under this contract in compliance with all of the terms and conditions of this contract and applicable requirements of the Commission and the National Endowment for the Arts. These requirements include, but are not limited to, the following: 1. Plan for the Operation, Funding and Services for the Arts in Texas; 2. Federal Office of Management and Budget (OMB) Circulars A-102 and A-128 ("Uniform Administrative Requirements for Grants -in -Aid to State and Local Governments"). Page 1 of 4 Pages 3. OMB Circular A-110 ("Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"). 4. OMB Circular A-87 ("Cost Principles Applicable to Grants and Contracts with State and local Governments"). 5. OMB Circular A-21 ("Cost Principles for Education Institutions"). 6. OMB Circular A-122 ("Cost Principles for Nonprofit Organizations"). 7. Part 505 (29 CFR) Labor Standards on Projects or Productions Assisted by Grants from the National Endowment for the Arts. The provisions of such requirements are hereby incorporated by reference into this contract as if fully rewritten herein. Copies of the above -listed federal guidelines can be obtained from the federal Office of Management and Budget or local libraries. By execution of this contract the Service Provider agrees to comply with National Endowment for the Arts regulations under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Education Amendments of 1972, as specified in Attachment B which is attached and made a part of this contract. C. Matching Share In the performance of services and activities under this contract, the Service Provider shall provide at least fifty percent (50%) of the total cost of such performance. This matching share shall be provided in compliance with Attachment F of CMB Circular A-102, and in accordance with the matching share indicated in the budget in Attachment A. The Service Provider's failure to provide the entire amount of its matching share to pay for contract services during the contract period will reduce the funding provided by the Commission in a proportionate amount. D. Acknowledgement In all published material and announcements regarding this project the Service Provider shall include a special notice that reads: "This project is supported by a grant from Texas Commission on the Arts and the National Endowment for the Arts." E. Reporting Requirements 1. Evaluation Report Form The Service Provider shall establish and maintain records, which shall reflect all receipts, obligations, and disbursements of funds for the project which is the subject of this contract. Financial records, including substantiating documentation (e.g., payroll vouchers, invoices, bills), must be maintained. No later than thirty (30) days following the termination of this contract, the Service Provider shall submit to the Commission a properly completed Evaluation Report Form, a copy of which is attached and made a part of this contract as Attachment C. 2. Audit or Financial Review Following the termination of this contract the Service Provider shall provide the Commission with either: a. an audit report covering the funds awarded under this contract prepared in compliance with Attachment P of a4B Circular A-102, or b. a review of the Service Provider's financial records covering the funds awarded under this contract prepared in compliance with guidelines established by the National Endowment for the Arts. Page 2 of 4 Pages F. Monitoring The Service Provider shall give the Commission the right to examine the Service Provider's records, files, books, or other written materials relating to this contract and the right at reasonable times to inspect or otherwise evaluate the Service Provider's work under this contract. The Service Provider shall cooperate with the Commission in arranging for and scheduling a site visit by a Commission employee or representative. SECTION 5. OBLIGATIONS OF THE COMMISSION A. In consideration of the Service Provider's full and satisfactory performance of the obligations specified in this contract and subject to the conditions of this section and the matching share requirement in Section 4(C), the Commission shall be liable to the Service Provider in an amount not to exceed One Thousand Dollars and No Cents ($1,000.00). B. The Commission shall not be liable to the Service Provider for costs incurred or performances rendered by the Service Provider before the commencement of this contract or after the termination of this contract. C. The Commission is not responsible for any liability incurred by either the grant recipient or subgrantees as a result of the agreement between the grant recipient and the subgrantee. SECTION 6. PAYMENT BY COMMISSION The Commission shall pay to the Service Provider the amount of its liabilities specified in Section 5(A) of this contract. This payment shall be made following the date requested for payment by the Service Provider in its application for assistance. This payment is contingent upon the availability of state and/or federal funds. Notwithstanding any other provision of this contract, payment by the Commission under this contract is expressly contingent upon Service Provider's submission to the Commission of Evaluation Report Forms which are due under other contracts between the Service Provider and the Commission. SECTION 7. AMENDMENTS AND CHANGES A. Except as provided in subsection B, below, any alteration, addition or deletion to the terms of this agreement shall be by amendment hereto in writing and executed by both parties hereto. All contract amendments must be approved and executed prior to the termination date of this project. An amendment is required for any of the following changes: 1. revisions of project dates (including extensions); 2. requests for reduction of the WA award; or 3. any substantial changes in the project narrative that do not significantly change the intent of the project. B. Written approval from the Commission is required for revision of the budget in Attachment A to this contract if any of the following changes occur: 1. changes in the scope or the objective of the project or performance 2. any change resulting in a reduction in either the amount of cash match or the total amount of match (cash and in -kind) provided by the Service Provider 3. introduction of a budget line item where none existed in the approved project budget if such a change significantly alters the nature of the project; or Page 3 of .4 Pages 4. introduction of a subcontractor relationship where none existed in the original budget. Any changes to the budget not specifically mentioned above do not require any approval. WITNESS OUR HANDS EFFECTIVE THIS 22ND DAY OF MAY, 1989. C � Signature B.C. McMinn, Mayor Typed Name City of Lubbock Organization P.O. Box 2,000 Address Lubbock, Texas 79457 City, State, Zip (806) 762-6411 Ext. 2009 (Area) Telephone Number APPROVED �AS/TTOO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: �nald Vandiver, First Asst. City Attorney JohW Pau tiste Execut' irector Texas Commission on the Arts R Page 4 of 4 Pages '1 PPLICANTORGANIZATION/ARTIST INFORMATION 1r ty of LUbbock Fine Arts Center (806) 762-6411 ext. 2686 DATE RECEIVED' Organization Name/Artist A/C Telephone Number P.O.Box 2000 Lubbock Lubbock Texas 29457 Mailing Address County City State Zip 2 Karen Wiley Fine Arts Supervisor (806) 762-6411 ext. 2686 Project Contact Person Title A/C Business Telephone Number 2600 Avenue P Lubbock Texas 79405 (806) 744-9614 Address City state Zip A/C Home Telephone Number 3. Federal Employer's I.D. Number B L;PROPOSAL DATA tN,eriod of support requested: Starting month 5 day 22- year89 Ending month _8_ day 3.L_ yea&9__ 2. Project/performance dates: month 7 day 17 year 89_ to month —B_ day ? 9 yearS9 3. Date payment is needed: month 5 year1989 4. Facilityname: L.ubbork FTne Arts Center _,seating capacity N/A 5. Based on previous year list: total # of seats available _/A # sold N/A 6. Number of persons expected to benefit from this proposal: 95CK1 7. yPyoputl�atio`'nofservicveaarea: tn1855,000 8. Lut acikIiTfn2aHilesle& ntur accessibility to handicapped/disabled persons?er ASSURANCES it financial assistance is awarded, the applicant hereby gives assurance to the Texas Commission on the Arts that: 1. The activities and services for which financial assistance is sought will be administered by the applicant organization; 2. Any funds received as a result of this application will be used solely for the project described; 3. The applicant has read, understands and will conform to the intent outlined in A Plan for the Operation. Funding and Services lot the Arts in Texas; 4, The applicant will comply with Title VI of the Civil Rights Act of 1964, with labor standards under Section 50) of the National Foundation of the Arts and Humanities Act of 1965, and with Section 504 of the Rehabilitation Act Amendments ( of 1974; The undersigned has been duly authorized by the applying organization to submit this application; 6. The applicant is a non-profit entity as defined by the I.R.S., an educational institution, or a unit of government I cenify that all Information contained in this application, including all attachments and supporting materials, is true and cor- Zhe best of my knowledge. C-J-( -6-/-�,L-- 1-14-88 Lee —Osborn • - Signature of Authorizing Official/Artist Date Typed Name pijrks & Racneation Dirictor 806 /762-6411 x_2660 328-26-4827 Title A/C I%me Number A/C Business Number Social Security Number ADDITIONAL INFORMATION APPLICABLE TO YOUR SPECIFIC PROPOSAL 1. Sponsor applying to the Arts In Education program: N/A A. Discipline type applying for (see instructions): # B. Length of residency: 2. Company/artist applying to the Touring Arts program A. Minimum fee for a single performance: S B. Description of optional services: FINANCIAL - ASSISTANCE APPLICATION Box 13406 Capitol Station, Austin, Texas 78711-3406.11 you have any questions call TCA at (512) 463-5535 or mil -free, 1-600-252-9/15, APPLICATION TYPE: (Check only one) 1. Organizational Assistance ......................1 2. Project Assistance A. General Project Assistance ...................j B. Arts In Education Program Sponsor............( 3. Touring Assistance A. Performing Arts 1) Performance fee support a. Texas Touring Arts Program ............I APPLICATION # b. Single Event/Limited Engagement fee support ..............I I c. Dance Touring fee support..............1 1 2) Company/Artist Roster application ..........1 ) 3) Presenter Program ........................f I B. Visual Arts Touring 1) Preparation assistance ............ ........ I ) 2) Exhibition support ........................Ix I NARRATIVE - Provide a concise description of the proposed activity in the space below. Please slate amount requested. See instructions for information which must be included for specific programs. Texas Triennial Exhibition, an exhibition of living Texas artists, is being produced by the Contemporary Arts Museum in Houston, Texas for 1988-89 exhibit. Texas Triennial Exhibition will be curated by a team of three jurors: Marge Goldwater, Walker Art Center, Minneapolis;David Ross, Director, Institute for Contemporary Art, Boston;and Marilyn Zeitlin, Contemporary Arts Museum, Houston. The City of Lubbock Fine Arts Center will host the Texas Triennial Exhibition July 17, 1989 through August 25, 1989. For the first time, the Lubbock Fine Arts Center has the opportunity to be a part of a statewide event, benefitting the citizens of West Texas by providing a quality visual arts program. In addition to the jurored, contemporary art, Texas Triennial Exhibition will be accompanied by up to 50 copies of the catalogue. In order to offer an exhibition of this quality to the West Texas population, we request grant support from the Texas Commission On The Arts in the amount of $2,375.00. This amount covers one-half of the costs of exhibit rental, shipping, and insurance required of the Lubbock Fine Arts Center. The opportunity is rare for the West Texas area to participate in the cultural affairs of the State. This exhibition has the far-reaching ability to include our area within the core of Texas' cultural activity. r ,( 1 V 1 rnurvbALrINANUALINFORMATION REVISED BUDGET #8559 i1 1. Cash Resources/Known and Anticipated JftW0 • 1 '!Z(O/ %q ingle Ticket Price a. Earned Income Admission charges, subscriptions, box office receipts...... Concessions, sales, parking, publications, rentals, advertisers, etc ...................................... Tuition, class/workshop fees .............. I............ Sponsor fees for performances/exhibitions............... Sponsor fees for optional services ...................... Interest on investments. endowments ................... Other earned income (Itemize) TOTALEARNED b. Unearned Income lFundraising ......................................... �/ Individual contributors/sponsors ....................... Memberships ....................................... Benefits ............................................ Other unearned income (Itemize) Grants (Itemize sources and amounts) State government [do not include this TCA request (Itemize) ] Hotel/Motel tax ....................................... Other city (Itemize) $ 0 $0 $O Minimum Maximum SO SO SO $ 0 $0 $0 SO Total Earned SO $ 200, SO $ao $O Pending/ Notification Committed Date $0 $ 3,750, SO Local government (Line item for organizations, LAA's, units of government, educational institutions, etc.) ................ $ 0 County (Itemize) $ 0 Federal (Itemize) - Corporate (itemize) - Foundation (Itemize) SO -Other grants (Itemize) $ 0 TOTAL UNEARNED S 0_ c. Prior year carry-over funds ........... TOTAL CARRY-OVER �ig50 2. Total Cash Resources (Total of Section 1 a, b and c) (Should equal Cash in Section G7, Column (B))........................................ 3. T A Request (Should equal Section G7, column (A)) ..................... 4. TOTALREVENUES 5. In -Kind Summary (Itemize): (should equal Section G7, column (C))................................... 6. Total Project Resources (Should equal Section G7, column (D))............ 7. PROPOSAL EXPENDITURES a. Personnel TCA request (A) Cash(8) 0 In-Kind(C) Total D)) e0 -administrative _ 0 4,500,00 4 , 500. 0 0 0 0 0 0 0 0 0 0 -artistic 0 0 0 0 0 0 0 0 0 0 0 0 -technical 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -other personnel 0 0 0 0 0 0 1,200.00 1,200.00 b. Fringe benefits 0 0 0 0 c. Fees for outside professional services -administrative 0 0 D 0 -artistic 0 0 0 0 -technical and other 0 0 0 0 -resident artist fee (AIE) 0 0 XXXXXXXXXXXX 0 -visiting artist fee (AIE) 0 0 0 0 d. Space rental 0 0 0 0 e. Travel & Transportation 0 0 0 0 f. Subgranting 0 0 XXXXXXXXXXXX 0 g. Other operating expenses -equipment rental 0 0 0 0 -shipping 0 2.500.00 0 2,500.00 -supplies & materials (AIE) 0 0 200.00 200.00 -exhibition rental fee 1,000.00 ],.000.00 0 2,000.00 -promotion & printing 0 200.00 200.00 400.00 _ -other 0 2S0.00 0 250.00 *h. Debt -reduction XXXXXXXXXXXX 0 XXXXXXXXXXXX 0 *I. Capital expenditures/ acquisitions XXXXXXXXXXXX 0 0 0 SUB-TOTALSnnn nn(A) S3 950_DO(el S h, 7 D0_OOC) S 11 ,OSp.01ID) 'TCA does not fund these line TOTAL TOTAL AMOUNT items. - (Sea instructions) (COLUMN A x e1 N 1 APPLICANT ORGANIZATION FINANCIAL INFORMATION $ 3,950.00 I. Date of organization's fiscal year: month October 1 tomonth_ September 30 $1, 000.00 Total Income Total Expenditures $4,950.00 a. organization'sprevious fiscal year's budget $ 166.679.00 $ 1.084.892.00 b. approved budget for the 172 750.00 1,084 884.00 r $ 6,100.00 organization's current fiscal year $r S ' $11 , 050.00 c. projected budget for the $ 176,970.00 $ 1, 041, 781. 00 TOTAL APPLICATION RESOURC I organization's upcoming fiscal year v ATTACHMENT B VA/VA PROJECT# 8559 Assurance of Compliance With National Endowment for the Arts Regulations under Title vI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title IX of the Education Amendments of 1972. City of Lubbock Fine Arts Center (hereinafter called the "Applicant") hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and, where applicable, Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) and all regulations of the National Endowment for the Arts issued pursuant to these statutes. Title VI, Section 504, and Title IX prohibit discrimination on the basis of race, color, national origin, handicap, or sex in any program or activity receiving Endowment support. The Applicant Hereby Gives Assurance That it immediately will take any measures necessary to comply. This assurance shall obligate the Applicant for the period during which the federal financial assistance is extended. There are two exceptions. If any personal property is acquired with Endowment assistance, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of that property. If any real property or structure is improved with Endowment assistance, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of that property. If any real property or structure is improved with Endowment support, this assurance shall obligate the Applicant or any transferee for as long as the property or structure is used for the grant or similar purposes. This assurance is given in connection with any and all financial assistance received from the Endowment after the date this form is signed. This includes payments after such date for financial assistance approved before such date. The Applicant recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and on the authorized official whose signature appears below. ASSURANCE EXPLANATION Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity receiving federal financial assistance. Section 504 of the Rehabilitation Act of 1973 provides for nondiscrimination in federally assisted programs on the basis of handicap. Subject to certain exceptions, Title IX of the Education Amendments of 1972 prohibits the exclusion of persons on the basis of sex from any education program or activity receiving federal financial assistance. As a condition to approval of a grant, Arts Endowment regulations require all organizational applicants to execute the "Assurance of Compliance" form, whether or not a comparable form has been filed with another agency. The Applicant referred to in the form is the organization itself, whose chief executive officer or comparable official should sign. The name and title of the organization and of the official should be typed on the form. The signed original should be returned with other required material to the Arts Endowment's Grant Office. It should be noted that signing this form indicates a commitment to comply with the three statutes referred to herein.