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HomeMy WebLinkAboutResolution - 2009-R0546 - Agreement - Brown Foundation- Integrated Library System, Consortium Of Libraries - 12/02/2009Resolution No. 2009-80546 December 2, 2009 Item No. 5.1.3 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a grant agreement from the Brown Foundation for a shared intergrated library system for a consortium of libraries in West Texas, and related documents. Which grant agreement is attached hereto and incorporated in this Resolution as if fully set forth herein. Passed by the City Council this 2nd day of ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: RU Clausen, Library Director APPROVED AS TO FORM: L. Reso.grant agrmnt-Brown Foundation 11.11.09 December TOM MARTIN, MAYOR , 2009. Resolution No. 2009•-RO546 THE BROWNF' OUNDATION, INC. October 26, 2009 Houston, Texas Ms. Nancy Hill Coordinator West Texas Library System 1306 9th Street Lubbock, TX 79401-2798 Re: Grant Number 10-059-E Dear Ms. Hill: I am pleased to inform you that the Board of Trustees of The Brown Foundation, Inc. (the "Foundation") has authorized a grant to the CITY OF LUBBOCK (the "Grantee") in the amount of $50,000 (the "Grant"), subject to the Grantee's acceptance of the terms and conditions set forth in this letter. The following conditions are attached to the distribution of the Grant: 1. The Grant is to be used toward the West Texas Library System Collaborative Shared Regional Catalog, as set forth in your proposal dated June 18, 2009. 2. The Grant has been approved for payment during fiscal year ending June 30, 2010, provided an authorized officer of the Grantee has signed and returned this agreement as prescribed. 3. Grantee warrants that Grantee is (i) a tax exempt organization described in Section 501(c)(3) of the Internal Revenue Code (the "Code") and is further classified as a public charity within the meaning of Section 509(a) of the Code, or is a governmental unit described in Section 170 of the Code, and (ii) that receipt of the Grant will not adversely affect Grantee's current status under the code. 4. Grantee further warrants that, if it is classified as a Supporting Organization under Section 509(a)(3) of the Code, Grantee qualifies as a Type I, II or functionally integrated Type III Supporting Organization. 5. The Foundation provides the Grant in reliance on Grantee's assertion of its tax exempt status as set forth in Paragraphs 3 and 4 above in addition to public information available at this time. Should Grantee's representations concerning Grantee's status as set forth in Paragraphs 3 and 4 above not be accurate, Grantee agrees to return the Grant to the Foundation in full, together with an amount equal to any penalty tax (including interest thereon) which the Foundation has incurred in connection with the Grant. Grantee must furnish to the Foundation any information concerning a proposed change in Grantee's classification under the Code. Should such change in status occur, the Foundation reserves the right to have unexpended funds returned to the Foundation. 6. All expenditures made by Grantee from the Grant must be used only within the terms and conditions set forth herein. Any funds not used or committed for the specified purpose of the Grant or not used or committed within any time limit specified in the request for the Grant must be returned to the Foundation. 2217 Welch • P.O. Box 130646 • Houston, Texas 77219-0646 • (713) 523-6867 • Fax (713) 523-2917 CITY OF LUBBOCK, Page 2 7. It is understood that your project may not proceed exactly as you have proposed. If you find this to be the case, please keep the Foundation advised of any revisions you wish to implement. While the Foundation will not unreasonably refuse to approve changes consistent with your proposal or grant extensions to time frames originally set forth, the Foundation reserves the right to request the return of monies not spent as originally approved. 8. Grantee agrees to furnish a written report within one year from receipt of funding as to the results or progress of the program or project financed by the Grant. This report should contain a brief narrative about the project and a financial accounting of the expenditure of funds. Additional reports should be submitted annually until all Grant funds have been expended. If the Grant payments are scheduled beyond one year, then such reports shall be submitted as stated above on an annual basis. 9. Grantee agrees to keep its financial and other records so that they adequately reflect that the funds were used exclusively for the Grant's purposes and to make financial records promptly available at the Foundation's request. 10. The Foundation retains the right to release information regarding the Grant to any public media. Permission is hereby given for Grantee to use any wording contained in this agreement in press releases. Acknowledgment of grants outside the state of Texas should refer to "The Brown Foundation, Inc., of Houston." Only materials for publication or broadcast containing additional information need be submitted to the Foundation for approval. Grantee agrees to forward to the Foundation copies of any news releases, published materials, or media articles mentioning the Grant that come to the Grantee's notice or attention. 11. If the conditions set forth herein are not upheld, the Foundation may terminate any and all further distributions to the Grantee whether or not such distributions are to be made as a part of the Grant or any other approved grant from the Foundation. 12. The Foundation desires that all resources of Grantee be dedicated to accomplishing its philanthropic purposes. Accordingly, Grantee agrees not to recognize the Foundation, its Board members or staff with any commemorative items. Please note that each Brown Foundation grant is considered individually and no grant award should be construed as a precedent for subsequent gifts. Acknowledgment of Grantee's agreement to the terms and conditions set forth in this letter must be made by a duly authorized officer of the Grantee who should execute both copies of this letter and return one such executed copy to the Foundation within sixty (60) days from the date of this letter. Sincerely, Herman L. Stude President Enclosure CITY OF LUBBOCK, Page 3 As an officer of the CITY OF LUBBOCK, I certify that I am duly authorized to bind the organization to the terms of this agreement, and do hereby agree to, and accept the terms set forth above, this 2nd day of December , 2009. By (Si le) Tom Martin, Mayor _ Name (please print) ATTEST: Rebe�aGai�-zaCity Secretary APPROVED AS TO FORM: Amy Sims, i4*ntLy Attu APPROVED AS TO CONTENT: Jane users, Library Director