The URL can be used to link to this page

Home My WebLink AboutResolution - 2016-R0128 - Civic Lubbock Inc. - 04/14/2016Resolution No.2016-R0128 Item No.5.13 April 14,2016 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 and on behalfof the Cityof Lubbock,Amendment No. 1to that certain License Agreement dated September 10,2013 for,among other things,the distribution of Hotel Occupancy Tax funds for the maintenance of public art located on public property,and related documents,by and between the City of Lubbock and Civic Lubbock,Inc., and related documents.Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein andshall be includedin the minutesof the CityCouncil. Passed by the City Council on April 14.2016 ATTEST: m*&£2 Rebecca Garza,City Secret APPROVED AS TO CONTENT Scott Snider,Assistant City Manager APPROVED AS TO FORM: Justin Pruitt,Assistant City Attorney GLE^C.ROBERTSON,MAYOR ccdocs/RES. Amendment 1to COL & Civic Lubbock. Inc. License Agreement dated 9.10.13 March 4,2016 Resolution No. 2016-RO 128 FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF LUBBOCK AND CIVIC LUBBOCK, INC. This First Amendment (the "Amendment") to the License Agreement (the "Agreement") is entered into this 14th day of April, 2016 between the City of Lubbock, a Texas municipal corporation (the "City"), and Civic Lubbock, Inc., a Texas non-profit corporation (the "Corporation"). RECITALS WHEREAS, the Corporation and the City entered into the Agreement on September loth, 2013; and WHEREAS, the City and the Contractor hereby desire to amend the Agreement; and NOW THEREFORE, the City and the Contractor hereby amend the Agreement as follows: AMENDMENT 1. The language in Paragraph 7 of the Agreement shall be replaced with and superseded by the following language: "T The Civic Lubbock, Inc. Board shall have a minimum of two standing sub- committees: 1) the Museum and Arts Standing Sub -Committee; and 2) the Cultural Arts Grant Review Standing Sub -Committee. Each sub -committee shall elect a chairperson and vice -chairperson, one of whom shall be chosen from the Directors on that committee. Public representatives for each committee shall be appointed by the City Council. The Museum and Arts Standing Sub -Committee shall be composed of four Directors appointed by the Corporation, and three representatives of the arts community appointed by the City Council to serve two successive three-year terms or until successors are appointed. Responsibilities of this committee include: serving as an advisory board for the Silent Wings Museum and the Buddy Holly Center; and, developing a public art program funded through a portion of Civic Lubbock, Inc.'s annual allocation of the Hotel Occupancy Tax, as well as a portion of its revenue for the purpose of acquiring and maintaining public art located on City -owned property; specifically, those properties that generate tourism. The portion of the Hotel Occupancy Tax utilized for the public art program shall not exceed ten percent (10%) of Civic Lubbock, Inc.'s annual allocation. Civic Lubbock, Inc. will contribute at least three percent (3%) of its bingo income toward the public art program. Recommendations for expenditures to the public art and maintenance program will be made to the full Civic Lubbock, Inc. Board of Directors for approval. The President of the Corporation or his designee shall serve as an ex officio member of this committee. The Cultural Arts Grant Review Standing Sub -Committee shall be composed of three Directors appointed by the Corporation, plus two members at -large appointed by the City Council to serve two successive three-year terms or until successors are appointed. This committee shall be responsible for developing the guidelines for the Cultural and Arts Grant Program funded by the Hotel Occupancy Tax, accepting applications, and making recommendations to the Corporation board to present to the City Council for grant recipients twice each year. The President of the Corporation or his designee shall serve as an ex officio member of this committee. The Corporation may, from time to time and at its sole discretion, establish other committees to assist with projects and purposes associated with the Corporation's mission. Committee members appointed by the Corporation may consist of Directors of the Corporation and members of the community whose expertise would enhance the project and/or purpose for which the committee is intended." 2. This Amendment shall become effective upon execution by the parties. The remainder of the Agreement shall remain in full force and effect except as changed herein. This Amendment shall become effective on this 141h day of April , 2016. CITY OF L BOC : GLEN OBERTSON, MAYOR ATTEST: f � - J� ----) Reb cca Garza, City Secretary APPROVED AS TO CONT T: A LA - Scott Snider, Assistant City Manager APPROVED AS TO FORM: Justin Pr itt, Assis ant City ttomey LUBBOCK,CIVIC ATTEST: Secretary CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50107 Date Filed: 05/04/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Civic Lubbock, Inc. Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a description of the services, goods or other property to be provided under the contract. #11513 Allocation of Hotel Occupancy Tax for grants 4 Name of Interested Party City, Slate, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 6 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. SARA B!XIN Notary Public, Stem of Texas : My Cant tFxpiles0E21•417 qt,—Z,/. A °F Sign re of authorized agen\Qte6ntractmg business entity AFFIX NOTARY STAMP / SEAL ABOVE Swom to and subscribed before me, by the said Fyr u'e this the L-1� day of MaIr 20_1 , to certify which, witness my hand and seat of office. S.1 officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50107 Date Filed: 05/04/2016 Date Acknowledged: 05/05/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Civic Lubbock, Inc. Lubbock, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. #11513 Allocation of Hotel Occupancy Tax for grants 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021