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HomeMy WebLinkAboutResolution - 5172 - Agreement - Lubbock Arts Alliance Inc - Grant Program - 05/09/1996RESOLUTION NO. 5172 May 9, 1996 Item #10 RESOLUTION THAT the Mayor BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock with Lubbock Arts Alliance, Inc., an Agreement and any associated documents for implementation of a grant program in support of the arts. A copy of said Agreement is attached hereto and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: Betty A Johnson, dity Secretary APPROVED AS TO CONTENT: t Connie Gibbos, ultural Arts Services Manager APPROVED AS TO FORM: r V V G. Vandiver, First Assistant City Attorney faov/LAAI.REs ccdocs/April 29, 1996 STATE OF TEXAS COUNTY OF LUBBOCK § AGREEMENT RESOLUTION NO.5172 May 9, 1996 Item #10 This agreement is made by and between the City of Lubbock, a municipal corporation ("City"), and the Lubbock Arts Alliance, Inc., a non-profit Texas corporation ("Alliance"), for the purposes and considerations hereinafter expressed. WITNESSETH: WHEREAS, Section 351.002 V.T.C.A. Tax Code authorizes 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 35 1. 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 FIVE THOUSAND SEVEN HUNDRED FORTY-THREE AND NO/100 DOLLARS (5105,743.00) (the "Funds") collected by the City on or before September 30, 1995, for the fiscal year ending on that date, which 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 (hereinafter "Guidelines" that are attached hereto as Exhibit A and made a part hereof and incorporated herein by reference by all purposes) and said Guidelines require a Review Committee to recommend to the City how the Funds should be distributed; NOW THEREFORE: The City and the Alliance hereby agree as follows: The City hereby adopts, ratifies and affirms the Guidelines attached hereto as Exhibit A and the procedures set forth therein. 2. The City hereby agrees to pay to the Alliance the sum ONE HUNDRED FIVE THOUSAND SEVEN HUNDRED FORTY-THREE AND NO/100 DOLLARS ($105,743.00) to be paid upon the execution of this agreement by both parties. 3. From the moneys paid by the City, FIVE THOUSAND TWO HUNDRED EIGHTY-SEVEN AND 15/100 DOLLARS ($5,2$7.15) (which represents five percent (5%) of the Funds) may be used to pay the estimated administrative costs of the disbursement of the Funds. The balance of that payment shall be deposited pending disbursement to application grantees in an interest bearing account at a depository of the Alliance's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being reported to the City at the end of the term of this agreement ( but retained by the Alliance for the funding of future grant applications.) 4. The City, in writing, shall approve in advance the semi-annual grant awards recommended by the Alliance and Review Committee. 2 5. The Alliance must 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. 6. The Alliance shall maintain complete and accurate financial records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves and how they are spent by the application grantees, and on request of the City or another person shall make the records available for inspection and review at all reasonable times, and shall make at least quarterly reports to the City with regard to such expenditures. The Alliance will furnish the City with an annual financial report listing all expenditures made by the Alliance and detailing how each grantee has expended its grant funds. 7. The Funds shall be disbursed to application grantees only in accordance with the Guidelines attached hereto. 8. The Alliance shall allow the City's accountants to audit the expenditure of the Funds and shall be responsible for the costs of the audits (which may be paid from the Funds), and any other expenses incurred by the City in assuring that said Funds are properly disbursed by the Alliance. 9. The Alliance hereby indemnifies the City from any and all claims or liabilities of any nature whatsoever arising out of the disbursement and use of the Funds by the Alliance including, but not limited to , any cause of action or claim arising at events made possible or partially possible by the funds, and the Alliance further agrees to hold the City harmless therefrom. 10. The Alliance will request that each grantee receiving Funds include the following acknowledgment on printed programs or other information produced by the 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." 11. This agreement terminates December 31, 1996. EXECUTED this 9th day of May ATTEST: Betty Nf JAhnsonY City Secretary TO & Leisure Services APPROVED AS TO FORN4: w_ i D nald G. Vandiver, First Assistant City Attorney ddcon/LAAcon.doc April 29, 1996 4 1996. LUBBOCK ARTS ALLIANCE, INC.: , PRESIDENT