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HomeMy WebLinkAboutResolution - 2004-R0096 - Cultural Grants Program Agreement - Lubbock Arts Alliance, Inc. - 02/19/2004Resolution No. 2004-R0096 February 19, 2004 Item No. 58 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 Lubbock Arts Alliance, Inc., to administer the Cultural Grants 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 19th day of February , 2004. ATTEST: Retie ca Garza, City Secretary APP O D AS TO CONTENT: (—ill' '�Z� Catherine ose, Buddy Holly Center Director APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney Office Practice Section LLC:dk/.RES ccdocs/, February 9, 2004 Resolution No. 2004-80096 February 19, 2004 Item No. 58 STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement ("Agreement") effective as of March 1, 2004 ("Effective Date") is made by and between the City of Lubbock, a Texas home rule municipal corporation ("City"), and the Lubbock Arts Alliance, Inc., a non-profit Texas corporation ("Alliance"), 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 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 FIFTY SEVEN THOUSAND ONE HUNDRED TWENTY DOLLARS AND NO CENTS ($157,120.00) (the "Funds") collected by the City on or before September 30, 2002, 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, 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, City and 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 28, 2005. 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. Alliance shall submit to City, for advance approval, that portion of its annual budget utilizing municipal hotel occupancy tax funds. 5. The City hereby agrees to pay to Alliance the sum ONE HUNDRED FIFTY SEVEN THOUSAND ONE HUNDRED TWENTY DOLLARS AND NO CENTS ($157,120.00) to be paid upon the execution of the Agreement by both parties. 6. No more than ten percent (10%) of the Funds may be used by Alliance to pay the actual administrative costs of the disbursement of the Funds to the extent same are incurred directly in the promotion and servicing of expenditures Agreement — City/Lubbock Arts Alliance Page 2 authorized hereunder. No more than FIFTEEN THOUSAND, SEVEN HUNDRED TWELVE DOLLARS AND NO CENTS ($15,712.00) may be expended for administrative expenses. The balance of that payment provided by City shall be deposited 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 Alliance for the funding of future grant applications). 7. All grants recommended by Alliance and the Lubbock Arts Alliance, Inc. Grants Review Committee shall be approved by the Lubbock City Council prior to the disbursement of any grant Funds. All grants shall be made in conformity, and Alliance shall comply with all laws and provisions of, Chapter 351 of the Texas Tax Code. 8. The Alliance 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. Alliance shall maintain records that are necessary to (1) substantiate the grant Funds awarded; and (2) document administrative costs and 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 Alliance (which may be paid from the Funds). Agreement — City/Lubbock Arts Alliance Page 3 9. The Alliance shall make quarterly reports to the City Secretary with regard to such expenditures made by the Alliance 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. 11. Alliance 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 Alliance, its agents or employees, in the execution or performance, or omissions of performance, of or under the Agreement. 12. Alliance will request that each grantee receiving Funds include the following acknowledgment on printed programs or other information produced by the Agreement — City/Lubbock Arts Alliance Page 4 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 19th CITY OF ATTEST: day of February 2004. AL, MAYOR Re ecca Garza, City Sec:reta�� AP OVED AS TO CONTENT: theri Prose Buddy Holly Center Director APPROVED AS TO FORM: LUBBOCK ARTS ALLIANCE, INC. BY: 8&dA kLanth) z D�4wacAl/ Title: �VC4Z4 J� Linda L. Chamales, Supervising Attorney RKGke/ArtsA llicae-2004 February 9, 2004 Agreement — City/Lubbock Arts Alliance Page 5 Resolution No. 2004-R0096 EXHIBIT A L U B B O. C K ( tiWT y !_ A L L I A N C E City of Lubbock Lubbock Arts Alliance Cultural Grants Program Guidelines and Procedures 2004 Lubbock Arts Alliance - Cultural Grant Application Page 1 INTRODUCTION The City of Lubbock's Cultural Grants Program, as administered by the Lubbock Arts Alliance, 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 Grants 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 Grants 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. The Lubbock Arts Alliance accepts Cultural Grants 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 promote tourism and generate overnight visitors to Lubbock. The Lubbock Arts Alliance 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 eight months of the date of application and must be completed within 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) Lubbock Arts Alliance — Cultural Grant Application Page 2 FUNDING POLICIES Restrictions Grant funds may not be used for the following: • elimination of accumulated debt • any travel • personnel expense • operating/overhead expenses • 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, 2004 For projects beginning after September 1, 2004 December 1, 2004 For projects beginning after March 1, 2005 Matching Funds 1. Applicants must match all funds provided by the grant. Matching funds may be cash or in-kind contributions, with the in-kind not exceeding 25% of the total project expenditures. In ali instances the grants program encourages 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 which 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 the Lubbock Arts Alliance and must be completed and returned within thirty (30) days of the conclusion 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. 2. The approved applications in any granting period may not necessarily total the available funds for that period. In this event, any remaining funds will be carried over to the next granting period. Lubbock Arts Alliance — Cultural Grant Application Page 3 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 from the Arts Alliance office. It is mandatory that all applicants attend one of the workshops during the calendar year. Applicants are encouraged to contact staff 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 staff regarding project revisions, contractual obligations, and reporting requirements. Organizations submitting applications to the Grants Review Committee for the first time are required to schedule a pre -application review with the Executive Director of the Lubbock Arts Alliance at least two (2) weeks in advance of the application deadline. Appointments may be made by contacting the Lubbock Arts Alliance office at 744-2787. APPLICATION REVIEW Criteria The following criteria will be used in reviewing all applications submitted to the Grants Review Committee. One (1) point is the lowest score. SERVICE: 1-35 POINTS • Does the project directly promote the tourism and the convention and hotel industry in Lubbock? • Will the project use the funds for the encouragement, promotion, improvement, and application of the arts? • Is the project available to the general public? • Does the project serve to educate the public in the value of the arts and humanities? • Does the project contribute to Lubbock's reputation as a regional cultural center? INVOLVEMENT: 1-20 POINTS • Does the project encourage collaboration between organizations? • Does the project promote access to the arts and humanities? • Does the project support the preservation and enrichment of the diverse cultural heritage of the community? CAPABILITY: 1-20 POINTS • Has the organization demonstrated sound fiscal management? • Has the organization demonstrated success from past efforts, and are they in good standing with previously funded projects? Lubbock Arts Alliance — Cultural Grant Application Page 4 • Does the organization show evidence of public and private financial commitment other than its request to the Alliance? • Is the amount requested reasonable in relation to the total cost of the project? • Is the emphasis of the proposal on a specific project or performance rather than the day-to-day financial requirements of the organization? ARTISTIC MERIT: 1-25 POINTS • Does the project improve the quality of arts and humanities available to the community? • Does the project promote the development and/or identification of creative talent? • Is the project innovative? • Does the project promote excellence in the arts and the humanities? Grants Review Committee The Grants Review Committee consists of four members appointed by the Lubbock Arts Alliance and two members appointed by the Lubbock City Council. The committee will review applications and make recommendations 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 Lubbock Arts Alliance will serve as an ex -officio member of the Grants Review Committee. The Grants Review Committee will meet to consider applications. The committee will be charged with the responsibility of making its recommendations to the City Council 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 the Lubbock Arts Alliance. 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, or principal participants; 2. Changes in the project director or other professional personnel identified in the proposal; 3. Changes in the project budget which exceed ten percent (10%) in items funded by the Cultural Grant. Lubbock Arts Alliance — Cultural Grant Application Page 5 Reconsideration Process An applicant may request reconsideration of a funding decision if that organization can demonstrate that: • The Grants Review Committee failed to follow published application and review procedures; • The Grants Review Committee demonstrated a prejudice, capricious or arbitrary actions. Written requests should be directed to the President of the Lubbock Arts Alliance, and must be submitted within 30 days of the date on the notification letter. Only authorized officials listed on the application may request reconsideration. The Lubbock Arts Alliance President will appoint an ad hoc three-member committee consisting of two members of the Lubbock Arts Alliance Board and one member of the Grants Review Committee at its next regular meeting. The decision of the Lubbock Arts Alliance Board of Directors is final. AFTER RECEIVING A GRANT Acknowledgment Proper acknowledgment must be given to the City of Lubbock/Lubbock Arts Alliance 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 THE LUBBOCK ARTS ALLIANCE, 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 the Lubbock Arts Alliance be displayed with this acknowledgment as well. Please contact the Lubbock Arts Alliance Office for these images. 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. Lubbock Arts Alliance — Cultural Grant Application Page 6 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 the Lubbock Arts Alliance. 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 30 days of the project's ending date. The form is provided by the Lubbock Arts Alliance and must include an itemized account of the project along with five photographs of project activities (where applicable), and copies of all programs, publicity, and printed materials. ORGANIZATIONS THAT HAVE NOT SUBMITTED ERFs MAY NOT APPLY FOR FUTURE FUNDING UNTIL THEIR DELINQUENT ERFs HAVE BEEN SUBMITTED. Evaluation Rating System for ERF: The Lubbock Arts Alliance conducts an evaluation review of every grant using the ERF and supporting materials. THIS RATING IS AVAILABLE TO THE GRANTS REVIEW COMMITTEE and is outlined below: AAA (highest possible rating) • Showed direct evidence of promotion of tourism and the convention and hotel industry • Showed direct evidence of the encouragement, promotion, improvement and application of the arts • Exceeded objectives as presented in grant application • Submitted ERF by due date • Exceeded matching projections • Showed evidence of well -administered project • Showed evidence of exceptional quality artistic activity • Received outstanding community support • Submitted exceptional support documentation ORGANIZATIONS SUBMITTING ERFs MORE THAN TEN DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN AA. AA • Showed direct evidence of promotion of tourism and the convention and hotel industry • Showed direct evidence of the encouragement, promotion, improvement and application of the arts • Met objectives as presented in grant application • Submitted ERF by due date Lubbock Arts Alliance — Cultural Grant Application Page 7 1z009 • Met matching requirements as stated in contract • Showed evidence of well administered contract • Showed evidence of quality artistic activity • Received community support • Submitted appropriate support documentation ORGANIZATIONS SUBMITTING ERFs MORE THAN 30 DAYS PAST THE DUE DATE WILL NOT RECEIVE A RATING HIGHER THAN A. A • Did not show direct evidence of promotion of tourism and the convention and hotel industry • Did not showed direct evidence of the encouragement, promotion, improvement and application of the arts • Did not meet project objectives • Submitted ERF past due date • Did not meet matching requirements as stated in contract • Administered project poorly • Showed little or no evidence of quality artistic activity • Showed little or no evidence of community support • Did not submit appropriate supporting documentation ORGANIZATIONS SUBMITTING ERFs MORE THAN 60 DAYS PAST THE DUE DATE COULD FORFEIT THE REMAINING 40% OF THE GRANT AWARD. Lubbock Arts Alliance — Cultural Grant Application Page 8 rL Cid q REQUIRED ATTACHMENTS FOR GRANT APPLICATIONS One (1) copy of the following attachments must be included for applications to be considered: 1. Program Information Attachment (provided) 2. Copy of the organization's IRS nonprofit tax -exemption letter. 3. List of the organization's Board of Directors. 4. Brief narrative on the purpose and history of the organization. 5. Resumes of people involved in managing the project. 6. Outside information (news clippings, programs, etc.) where applicable. 7. Copy of an independent audit or financial statements from a certified public accountant 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. Lubbock Arts Alliance — Cultural Grant Application Page 9 ?-OOG