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HomeMy WebLinkAboutResolution - 2019-R0449 - Economic Development Grant Agreement With Lubbock Curltural Arts Foundation - 12/03/2019 Resolution No. 2019-RO449 THE STATE OF TEXAS § COUNTY OF LUBBOCK § ECONOMIC DEVELOPMENT GRANT AGREEMENT This grant agreement ("the Agreement") is between the City of Lubbock (hereinafter called "City") and Lubbock Experience, Inc., a 501(c)(3) non-profit corporation, d/b/a the Lubbock Cultural Arts Foundation (hereinafter called the"Foundation"). WHEREAS, the Foundation is a non-profit corporation intended to assist in the support of historic preservation and cultural heritage, assist and support educational opportunities and conferences in the community, support increased participation in amateur sporting events, support qualifying activities related to visitor information centers, and more specifically to promote the social welfare and economic development of the City by advancing the Lubbock arts community regionally and statewide, and strengthening the vibrancy of the cultural arts community within Lubbock; and WHEREAS, the City desires, through the authority granted it by Section 380.001 of the Texas Local Government Code, to assist the Foundation in attaining the stated goals by contributing to certain costs associated with the Foundation's employing a Director of Cultural Arts; NOW THEREFORE: The Parties agree as follows: Section 1. Recitals and Exhibits Part of Agreement. 1.1 The representations,covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. 1.2 Exhibits "A" and "B" are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. Section 2. Duties of the City. 2.1 The City hereby agrees to provide grant funding to the Foundation in the amount of SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00), a one-third share of the estimated cost associated with the employment of a Director of Cultural Arts, a description of which position is attached hereto as Exhibit"A". The City's appropriation shall be annual, and is subject to available funds appropriated by formal act of the Lubbock City Council. Section 3. Duties of the Foundation. 3.1 The Foundation agrees to use the City's contribution to fund partially a position of Director of Cultural Arts,whose duties and responsibilities shall be consistent with those set forth in Exhibit "A" and, in creating and filling said position, to Economic Development Grant Agreement—COL/Lubbock Cultural Arts Foundation Page 1 of 3 i Resolution No. 2019-RO449 Item No. 7.15 December 3, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for I and on behalf of the City of Lubbock, an Economic Development Grant Agreement by and between the City of Lubbock and Lubbock Experience, Inc., d/b/a Lubbock Cultural Arts Foundation for funding associated with a Director of Cultural Arts, and related documents. Said Grant 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 on December 3, 2019 DANIEL. M. POPE, MAYOR ATTEST: Qlc�6" , Rebec a Garza, City Secretar APPROVED AS TO CONTENT: L� Jarre Atkinson, City Manager APPROVED AS TO FORM: I 'KA i ch tterw Fir ssistant City Attorney 1� ccdocs/RES.Grant Agrmt- Lubbock Cultural Arts Foundation November 13,2019 I promote the common good and general welfare through economic development and advancement of the Lubbock cultural arts community. 3.2 Foundation agrees to advertise, recruit, and fill the position as promptly as practicable, on terms set forth generally in Exhibit "B" and to provide the City with written confirmation that such position has been filled within sixty (60) days of the grant. Foundation shall include the City Manager or his designee in the recruitment and interview process. Foundation agrees to hold the City, its officers, agents, and elected officials harmless from any and all claims, demands, causes of action, damages, injuries, fines, penalties and expenses of any kind arising in connection with the City's contribution hereunder. Section 4. Full Agreement. 4.1 This Agreement contains the entire understanding and agreement reached by the parties and supersedes all other written or oral exchanges, agreements, arrangements,or negotiations between them or their legal representatives, and may not be altered, amended or modified, except by writing properly executed documents by the party to be charged thereby. Section 5. Successors and Assigns. 5.1 All covenants and agreements herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 6. Future Assurances. 6.1 The parties agree to cooperate fully and use their best efforts to carry out the full purpose and intent of this Agreement. 6.2 Each party agrees to take such future actions and execute such additional documents as may be required or appropriate to give full force and effect to this Agreement. 6.3 The parties further agree that any Director employed with funds appropriated pursuant to this Agreement shall not be considered, under any circumstances, to be an employee of the City of Lubbock. Section 7. Force Maieure. 7.1 If any default or performance of any other covenant or term of this Agreement is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond a signatory party's control, then the duty to do or perform the term or covenant, regardless of whether the circumstances is similar to those enumerated or not, is excused during the delay period. Economic Development Grant Agreement—COL/Lubbock cultural Arts Foundation Page 2 of 3 Section 8. Captions. 8.1 The captions, headings, and arrangements used in this Agreement are for convenience only and do not in any way affect, limit, amplify or modify the terms and provisions hereof. Section 9. Multiple Counterparts. 9.1 This Agreement may be simultaneously executed in a number of identical counterparts, each of which for all purposes shall be deemed an original. This Agreement may also be executed separately by all or any of the parties, and all such agreements shall collectively be deemed as an original executed agreement of all the parties. EXECUTED this_3j-d_day of December 2019. CITY OF LUBBOCK, Lubbock Experience, Inc. A Municipal Corporation d/b/a Lubbock Cultural Arts Foundation DANIEL M. POPE, MAYOR #JOHNORN ESIDE T 4eb TEST: ATTEST: cca Garza,City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: W.Jar tt Atkinson,City Manager Ann Manning,Attorney for Lubbock Experience, Inc. APPROVED AS TO FORM: Mitchell Satterwhite, First Assistant City Attorney Economic Development Grant Agreement—COL/Lubbock Cultural Arts Foundation Page 3 of 3 EXHIBIT A Lubbock Experience, Inc. DBA Lubbock Cultural Arts Foundation (all herein referred to as the"organizations") POSITION DESCRIPTION Position Title: Director Position Classification: Exempt Approved By: Chief Executive Officer,Market Lubbock,Inc. REPORTING RELATIONSHIPS Position Reports To: Chief Executive Officer,Market Lubbock, Inc. Positions Supervised: None POSITION PURPOSE Responsible for the advancement of the overall success and sustainability of the Lubbock Cultural Arts Foundation through developing relationships,cultivating donors and growing private and public resources. Establish strategic priorities that align with the needs of the Lubbock arts community,stakeholders and the community it serves. Serve as the chief spokesperson by clearly articulating the mission,vision,and values that guide the growth,public image,and increased brand awareness of the Lubbock art community,both regionally and statewide. Be an aspirational public leader at the forefront of local initiatives that strengthen the vibrancy of the cultural arts community within Lubbock. ESSENTIAL FUNCTIONS AND BASIC DUTIES 1. Marketing a) Promote and market all Lubbock cultural arts programs. b) Maintain a working knowledge of how to creatively market arts programming through social media,websites,and other channels. c) Communicate about programs and resources with the Lubbock arts community. d) Obtain and manage a TX Music Friendly Community Certification. c) Obtain and manage a TX Film Friendly Community Certification. Promote cultural tourism initiatives by establishing Lubbock as a statewide and nationwide destination for arts,culture and entertainment. 2. Fundraising Rev. 08119 Lubbock Cultural Arts Foundation Page 1 EXHIBIT A a) Formulate and direct all major fundraising initiatives and regularly interact with major gift prospects and donors. b) Seek out and initiate all funding opportunities available to the arts community. c) Advocate local arts policy and funding by developing and maintaining productive relationships with local,state,and federal public and private agencies that financially support the arts. d) Work towards endowment creation and growth. e) Lead fundraising for annual operating expenses through donor identification, cultivation and implementation of an Annual Giving program. Identify and qualify new donor prospects,annual and major. g) Build relationships with individuals,small businesses,and corporations h) Implement funding programs 3. Public Visibility and Advocacy a) Initiate conversations about ways in which the arts positively impact the economy,quality of life and lifelong learning and success. b) Represent Lubbock Cultural Arts Foundation by participating on local and regional boards,committees,and commissions. c) Serve as the primary spokesperson for Lubbock Cultural Arts Foundation regarding statements to the media,government partner institutions,institutional vision,and collaborative agreement announcements d) Cultivate relationships by attending and hosting stakeholders at various evening and weekend community events e) Serve as a liaison to the community when attending meetings,special events,and all other public engagements. 4. Advocate for the Lubbock arts community at the local,state and federal level. 5. Market public art projects in the Lubbock Cultural Arts District and Downtown. 6. Maintain a public arts and events calendar. 7. Assist in the development of a Cultural Plan. 8. Perform other duties as assigned. Rev. 08119 Lubbock Cultural Arts Foundation Page 2 EXHIBIT•A PERFORMANCE MEASUREMENTS 1. Marketing research efforts are professional,accurate and promptly completed. 2. Organizational websites are accurate,maintained and professional at all times. 3. Communicate effectively with others. 4. Administrative support functions are completed effectively and efficiently. 5. Department functions are conducted in accordance with established procedures and policies. 6. All department records are current,accurate and organized. 7. Arrives to work punctually and effectively uses time to complete assigned projects within the time frame specified. S. Develops a positive working relationship with others within the office. 9. Maintains a high degree of integrity when making decisions that involve the use of charitable funds. QUALIFICATIONS Education/Certification: Bachelor's degree in non-profit or arts administration,business management or similar field Experience Required: Minimum of Three to Five (3-5) years of related executive management experience leading a non-profit organization or arts/cultural related organization Required Knowledge,Skills and Abilities: o Knowledge of current trends and themes in cultural arts,public art,music, creative placemaking and place keeping and their role in the health and vitality of cities o An understanding of the needs of artists and art organizations to grow and thrive in Lubbock o An understanding of the role arts and culture play in the economic health of a city o Experience implementing and executing a successful capital campaign. o Demonstrated experience in fundraising and as a visible leader in community engagement and public advocacy o Experience managing a budget o Proficiency with Microsoft Office products,QuickBooks and donor development software o Self-starter and ability to work unsupervised o Sense of urgency and calm performance under deadline pressure o Multi-tasking and ability to shift tasks as priorities change o Good communication and organization skills o Familiarity with the local area o Teamwork and positive office partnership skills o Valid Driver's License and pass background and credit checks Reis. 08119 Lubbock Cultural Arls Foundalion Page 3 EXHIBIT A Intent and Function of Job Descriptions job description assist agauiiatiais in eusnrirrg that the birrrrg process is faire adrrriuislerrd mrd tl)at qua%fed emiplgees ar selected Tbqair also essential to an effective appivisalysteml and re/afed promotion, lrzrn fes; lad©ff, and termrrinalion decisions. Well constrneted Joh description are an integrnl part of any effective compensation owem. All descriptions bane been reviewed to eusmr that only essential finntions and basic duties Barre been iucblderl PetrplxmllasH Daly iueideuta/�,related to each position,have been exelnded Requirements,skills,mrd abilities included have been delerrnined to he 1he rminhwal standarrls mquind to smcces f r(1},perforin the poritiors In no instance, however, shonld the duties, rrsponsibilities, and rrquirements delineated be rnteipirted as all inclusive. Additional fnmcliors and requirements mmy be assigned by snperyisors as deemed appropriate. In accorrlance with the fLuerica s reit;Duabilities Act,it is possible that rrgninrments may be modified to rrasonab�+aaomimodale disabled iudividiraG Hovever, no accommodations mill be made wbich may pose serions heallh or safe,risks to the employee or otbers or mhicb impose undue bardships on the orga hi alion. Jab descriptions arr not intended as and do not cerate empl Jment contracts The orgaui�atiou maintains its status as an alavi/1 emrplgyer. Employees can be teiminated for any mason not prnbibited Gy lay Signature of Employee Date Signature of CEO or Representative Date To Apply: Submit resume to Katy Christy,Human Resources Manager katy@marketlubbock.org Rev. 08119 Lubbock Cullu al Arls Foundalion Page 4 EXHIBIT B Exhibit A (job description) was posted on the Texas Commission on the Arts website, Texas Association of Museums website, shared on Linkedln and other social media platforms in September 2019. Interviews began October 7, 2019 and are ongoing. Applicants should submit resumes to: Katy Christy, Human Resources Manager katy@marketlubbock.org