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HomeMy WebLinkAboutResolution - 2020-R0285 - MOU with Texas Music OfficeResolution No. 2020-RO285 Item No. 7.19 August 25, 2020 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 behalf of the City of Lubbock a Memorandum of Understanding ("MOU") by and between the City of Lubbock and the Texas Music Office within the Office of the Governor for the ongoing maintenance of the Lubbock dataset of the Texas Music Directory, and related documents. Said MOU 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 on August 25, 2020 O DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, City Sec etas APPROVED AS TO CONTENT: L W—v"�' Brooke Witcher, Assistant City Manager APPROVED AS TO City Attorney RES.MOU-TX Music Office=FXX Music Directory 6X20 Resolution No. 2020-RO285 MEMORANDUM OF UNDERSTANDING BETWEEN THE TEXAS MUSIC OFFICE WITHIN THE OFFICE OF THE GOVERNOR AND THE CITY OF LUBBOCK FOR MAINTENANCE OF THE TEXAS MUSIC INDUSTRY DIRECTORY This Memorandum of Understanding ("MOU") for ongoing maintenance of the Lubbock dataset of the Texas Music Directory is entered into by and between the Texas Music Office within the Office of the Governor ("OOG") and City of Lubbock ("City"). The OOG and City shall be referred to collectively as the "Parties." I. PURPOSE The purpose of the MOU is to document the responsibilities of the Parties for export and maintenance of the Lubbock dataset within the Texas Music Industry Directory (the "Directory"). The Directory consists of listings of recording studios, music venues, booking agents, producers, musicians, and other music businesses and is published on the State-owned and managed website, TexasMusicOffce.com. The Directory will be matched and updated from the correlating City -owned dataset of Lubbock area music businesses with the (806) area code. This MOU encourages mutual cooperation of the Parties to maintain the accuracy of the information within the Lubbock dataset to help the OOG meet its legislative mandate of promoting the development of the music industry in Texas by informing members of that industry and the public about the resources available in the state for music production. Additional information on the websites, dataset format, and the primary contacts assigned to maintain those datasets are described in this MOU. In addition, this MOU permits the City to use information exported from the Directory to create and maintain a Lubbock Music Industry dataset to promote the development of the Lubbock music industry. The Parties, in consideration of the mutual covenants and agreements to be performed as set forth in this MOU, agree as follows: II. TERM Upon execution by the Parties, this MOU shall commence effective upon the signature of the last Party to sign this MOU, and shall remain in effect for a period of one year, unless extended by option of the Parties or terminated earlier pursuant to the terms of this MOU. This MOU may be extended by agreement of the Parties in any increment of months, for up to thirty-six (36) months. III. SCOPE The Lubbock dataset will be exchanged between the Parties twice a year. Both Parties shall have the ability to receive updated dataset information from the other Party. Maintenance includes the exporting, updating and monitoring of the Lubbock dataset of the Directory. The Parties will cooperate in good faith at all times to comply with all applicable laws. The Parties shall cooperate when developing priorities and performing maintenance activities with respect to the Lubbock dataset, and will share information to create a more accurate Texas Music Industry Directory for the mutual benefit of both Parties. MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 1 The Parties shall identify primary contacts for all ongoing correspondence and communication related to this MOU. Requests for the twice -a -year export of the dataset and questions about information within the dataset will be managed by these contacts. The Parties acknowledge that the directory is a priority and agree to dedicate staff time as necessary to perform the tasks required to ensure proper maintenance of the Lubbock dataset of the Directory. IV. MANAGING PARTIES CITY OF LUBBOCK Stacy Keith Director Lubbock Cultural Arts Foundation 1500 Broadway, Floor 6 Lubbock, Texas 79401 (806)368-9039 stacy@lubbockculturalarts.org Brooke Witcher Assistant City Manager City of Lubbock 1314 Avenue K Lubbock, Texas 79401 (806)775-3086 bwitcher@mylubbock.us V. OOG RESPONSIBILITIES TEXAS MUSIC OFFICE WITHIN THE OFFICE OF THE GOVERNOR Brendon Anthony Department Director Texas Music Office 1100 San Jacinto Boulevard Austin, Texas 78701 (512)284-1999 brendon.anthony@eov.texas.gov The OOG shall undertake the following activities during the tern of the MOU tern: Export the current Lubbock Music Industry dataset twice annually during the months of January and July as an Excel spreadsheet or tab -delimited file. The dataset includes and is limited to: business name, business sort code (how the business is sorted alphabetically), business address, business phone number, contact name & contact job title, business email address, business website URL, genre businesses work within, business category, year business was established, and a business description. The OOG contact will then email an Excel spreadsheet and/or tab -delimited file of the export to the City so that the City may create a Lubbock Music Industry dataset to be published on the City's website, and so that the City may research the accuracy of the dataset. 2. Ensure that the City is kept aware of any website changes that may affect the Lubbock database. 3. Establish and maintain communication with businesses in the Texas Music Industry Directory to assist in the updating of the current listings as necessary. VI. CITY RESPONSIBILITIES The City shall undertake the following activities during the term of the MOU term: I. Assist the OOG in maintaining the Lubbock Music Industry dataset, located at: https://gov.texas.gov/at)ps/music/directory/results/All/p I/city/lubbock MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 2 2. Review and update where possible all exported entries within the Lubbock Music Industry dataset. 3. Update and export the Lubbock dataset twice annually during the months of January and July, to be sent to the DOG for update of the online Directory within three (3) months of receiving the exported dataset from the OOG. 4. Promote public awareness of the Lubbock Music Industry dataset and encourage utilization by industry members. VII. TEXAS PUBLIC INFORMATION ACT The exchange of information by the Parties is not a release of information to the general public, but rather an intergovernmental transfer of records from one governmental body to another for an official purpose. Notwithstanding any provisions of this MOU, the Parties acknowledge that they are subject to the Texas Public Information Act, Texas Government Code Chapter 552, and (the "PIA") and that this MOU and any information created or exchanged in connection with this MOU is subject to the PIA. The Parties agree to notify each other in writing within a reasonable time from receipt of a request for information covering the subject matter of this MOU. The OOG, in consultation with the City, will make a determination whether to submit a request for a ruling under the PIA to the Attorney General. VIII. AMENDMENT This MOU may be amended only upon written agreement signed by the Parties. IX. TERMINATION The Parties understand that participation in this MOU is voluntary and may be terminated by either Party by giving thirty (30) days' written notice to the other Party of its intention to terminate. Within a reasonable time prior to the final termination of this MOU, the Parties will cooperate with each other to ensure that each Party receives the most current Lubbock Music Industry dataset. X. COSTS Each Party will bear its own costs in performing its obligations under this MOU. SIGNATORIES. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date stated above. CITY OF LUBBOCK L". V DAN POPE, MAYOR August 25, 2020 TEXAS MUSIC OFFICE, OFFICE OF THE GOVERNOR CHIEF OF STAFF OR DESIGNEE DATE DATE MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 3 2. Review and update where possible all exported entries within the Lubbock Music Industry dataset. 3. Update and export the Lubbock dataset twice annually during the months of January and July, to be sent to the OOG for update of the online Directory within three (3) months of receiving the exported dataset from the OOG. 4. Promote public awareness of the Lubbock Music Industry dataset and encourage utilization by industry members. VI1. TEXAS PUBLIC INFORMATION ACT The exchange of information by the Parties is not a release of information to the general public, but rather an intergovernmental transfer of records from one governmental body to another for an official purpose. Notwithstanding any provisions of this MOU, the Parties acknowledge that they are subject to the Texas Public Information Act, Texas Government Code Chapter 552, and (the "PIA'') and that this MOU and any information created or exchanged in connection with this MOU is subject to the PIA. The Parties agree to notify each other in writing within a reasonable time from receipt of a request for information covering the subject matter of this MOU. The OOG, in consu;tation with the City, will make a determination whether to submit a request for a ruling under the PIA to the Attorney General. Vill. AMENDMENT This MOU may be amended only upon written agreement signed by the Parties. IX. TERMINATION The Parties understand that participation in this MOU is voluntary and may be terminated by either Party by giving thirty (30) days' written notice to the other Party of its intention to terminate. Within a reasonable time prior to the final termination of this MOU, the Parties will cooperate with each other to ensure that each Party receives the most current Lubbock Music Industry dataset. X. COSTS Each Party will bear its own costs in performing its obligations under this MOU. SIGNATORIES. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date stated above. CITY OF LUBBOCK DAN POPE, MAYOR TEXAS MUSIC OFFICE, OFFICE OF THE GOVERNOR � CHIE F STAFF OR DESIGNEE August 25 2020 101141 201)0 DATE DA I L MEMORANDUM OF UNDERSTANDING- TEXAS MUSIC DIRECTORY MAINTENANCE Page 3 Ap LUEsb0 %.0F C c m T U aAi fjrTt f OUNDAt ION MUSIC ADVISORY COMMITTEE The purpose of the Music Advisory Committee is to keep the Lubbock Cultural Arts Foundation engaged in Lubbock's music industry, develop ideas for growth and movement forward for musicians, venues, and patrons. Andrew Babcock Director of Fine Arts, Lubbock Independent School District Andy Wilkinson Artist/ Poet/ Songwriter/Texas Tech University Bill Stubblefield Trustee, LISD School Board Brandon Adams Musician Brent Wheeler Assistant Professor of Commercial Music, South Plains College Cathy Whitten KSSL Radio Owner/Singer/Songwriter Cary Banks Musician Charlie Stout Musician/Photographer Charlton Northington The Buddy Holly Hall of Performing Arts and Sciences/ASM Global Darryl Holland Cactus Theater David Brandon Brandon Guitar Studio/Classical Guitarist/Instructor David Cho Conductor, Lubbock Symphony Orchestra Don Caldwell Musician/Production Company Doug Stapp Ralph's Records- Retail Dr. Christopher J. Smith Texas Tech University School of Music Dr. Lauryn Salazar Texas Tech University Mariachi Director Dustin Six The Blue Light Galen Wixson President and CEO, Lubbock Symphony Orchestra Jacqueline Bober Director, Buddy Holly Center, City of Lubbock Josh Abbott Musician Lerica Jones LHUCA- Louise Hopkins Underwood Center for the Arts Melissa Grimes RockinBox Venue- Front Porch Concerts Melissa Pierce Development Director, Lubbock Entertainment & Performing Arts Association LJ6E3n�:K CULTURAL R/r FOUNDATION MUSIC ADVISORY COMMITTEE Michelle Stephens Executive Director, Lubbock Entertainment & Performing Arts Association Richard Barnett Tarpley Music/Retail Sandy Ogletree The CH Foundation Scott Faris Musician/Amusement Park Recording Studio Stacy Keith Director, Lubbock Cultural Arts Foundation Stuart Moody Chairperson, Creative Arts Department & Associate Professor of Sound Technology at South Plains College Thomas D. Mooney New Slang