HomeMy WebLinkAboutResolution - 3149 - Grant Agreement - TCH - Matrix Program, Fine Arts Center - 07/13/1989V
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RESOLUTION
Resolution # 3149
July 13, 1989
Item #25
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 a Grant
Agreement with the Texas Committee for the Humanities for Project No.
89-1696, attached herewith, which shall be spread upon the minutes of the
Council 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 13th day of July 1989.
ATTEST:
, City Secr
APPROVED AS TO CONTENT:
Le s orn, irector of Varks
& Recreation
APPROVED AS TO FORM:
WPold Wi =: 0 lar , Assistant V-.4 * City
Attorney
e '
B. C. McMINN, MAYOR
GRANT AGREEMENT
The City of Lubbock Parks & Recreation Department -Fine Arts Center (grantee), hereby signifies its
acceptance of a grant in the amount of $ 4,735,00 i t our nnu ona Seven „unnren i m riy -r up w�„u
Nn1100 Dnl l ars,..) for Project No. 89-1696 ,
entitled '
from the Texas Committee for the Humanities (hereinafter called TCH). The grantee agrees to provide cost-sharing in the
amount of $ 13-635.00 , either in cash or in kind, for the above project.
The grant period will extend from June 1, 1989 to De�emher i]T1989
The grantee agrees to administer the project in compliance with the following:
A. Cost Principles
1. The award is contingent upon the availability of funds from the National Endowment for the Humanities.
2. Only those costs set forth in the project budget, as approved by the TCH and attached to this agreement, will be
charged to this grant.
3. No funds from this grant will be used to pay indirect costs, commonly referred to as overhead.
4. No funds from this grant will be used to pay costs of alcoholic beverages. No funds from this grant will be used to pay
for food, except in reimbursement of legitimate travel expenses.
5. Necessary travel expenses will be allowed at a rate not to exceed 24 cents per mile for privately owned automobiles
and/or $70 daily expenses for food and lodging. Air travel is allowable at economy or coach rates.
6. No funds from this grant will be used for construction, restoration, equipment purchases, entertainment, social
amenities, or on direct political action or planning for direct political actions.
7. The TCH is authorized to receive gifts on behalf of grantees under the Gifts and Matching Provisions of the National
Endowment for the Humanities.
B. Grant Accounting, Records and Reports
1. a. The grantee agrees to maintain records and accounts consistent with generally accepted accounting principles,
and to provide for such fiscal control as is necessary to assure proper disbursing of, and accounting for, project
funds.
b. The grantee certifies that accounts and supporting documentation relating to project expenditures and income will
be adequate to permit an accurate and expeditious audit. An audit may be made by the TCH, by its designated
representative, or by the General Accounting Office of the United States government.
c. The grantee will maintain records and accounts for this project for a period of not less than three years after the
TCH accepts its final project report.
2. The grantee agrees to maintain records to demonstrate that cost-sharing contributions are not less than the amount
indicated above, or any revision thereof which is approved in writing by the TCH. The grantee further agrees to secure
reasonable written proof of the value of these contributions to the project and to maintain such proof in a form that will
permit an accurate and expeditious audit.
3. The Budget Summary accompanying this Grant Agreement is considered a part of the agreement.
4. Within thirty days of the termination of the grant, unless further time is granted by the TCH in writing, a final report is to
be submitted to the TCH. The report must include:
a. one copy of a final financial report of the grant project, including a statement of income and expenses and an
accounting of cost-sharing contributions;
b. two copies of a final narrative report providing a detailed description of the project as it actually occurred, including
an evaluation narrative, the outside evaluator's report, and a detailed response to all items on the report form; and
c. one copy of all publications and/or media products resulting from the project.
C. Limitations on the Use of Grant Funds
1. Grant funds must be obligated during the grant period. Obligations outstanding as of the official termination date shall
be liquidated within thirty days thereafter.
2. Grant funds may be expended only for project purposes and activities as set forth in the proposal and budget origi-
nally approved by the TCH, or as subsequently amended and approved in writing by the TCH. Written requests for
amendments must be submitted and approved prior to significant revisions of the following:
a. Changes of project scope, purpose, activities, dates and times, or principal participants.
b. Changes in the project director or other professional personnel identified in the approved proposal.
c. Changes in the project budget which exceed ten percent in any line item, or which introduce or eliminate catego-
ries of expenditures.
d. Changes in duration of the grant period. Such changes must be requested at least 30 days prior to the termination
of the grant period.
e. Decreases in the level of cost-sharing contributions which exceed ten percent in any category.
3. Any funds received that remain uncommitted at the termination of the grant period must be returned with the final
financial report by check payable to the Texas Committee for the Humanities.
4. All TCH funds, or properties acquired with TCH funds, which are determined after audit and hearing to have been
improperly applied, must be returned to the TCH.
E. Project Income
1. Grant funds may not be deposited or invested for the purposes of earning interest
2. Revenue resulting from meals, materials, or sources other than the TCH must be applied to the cost of the project and
should be reported as "cost-sharing" on the budget form.
3. Any net income earned through project -related activities, including the sale or rental of publications, videotapes,
slides, photographic materials, and films, shall be applied to the expenses of the project, deducted from the amount of
the grant, or used to reimburse the TCH for grant funds previously received. The percentage of net income due to the
TCH shall equal the percentage of the TCH contribution to the total project budget that has been approved by the
TCH. This provision shall be in effect until the TCH grant funds are repaid, or until a period of five years after the TCH
accepts the g'rantee's final project report has elapsed.
4. All monies due the TCH, and any interest earned on these monies, must be forwarded to the TCH no later than
November 30th of each calendar year for income received during the preceeding twelve month period.
F. Collection and Use of Information
1. In cases where the grantee collects information from the public (as by interview or questionnaire) in connection with a
project funded through this grant, he may not represent or imply that the information is being collected by, or for, a
federal agency.
2. Grant funds shall not be used for any printing costs except those authorized by virtue of the funding of the project.
3. Public reports and any publications and/or media products arising from grant projects involving public policy or contro-
versial issues shall include an appropriate disclaimer stating that the findings, conclusions, or recommendations of
the grant activity do not necessarily represent the views of the TCH and the National Endowment for the Humanities.
4. For the purposes of this agreement, the term media product shall refer to all media materials produced through grant
projects of the TCH. Such materials include, but are not limited to: films, videotapes, audio/slide presentations, audio
programs, photographic materials, and printed materials suitable for further programming in the humanities.
5. COPYRIGHT: All media products shall be owned by the grantee and must be copyrighted by the grantee or the
originator of the material. However, the United States government and the TCH reserve non-exclusive license to use
and reproduce, without payment, any publishable matter and/or media product, including copyrighted matter, arising
out of grant activities. This reservation includes any speech, talk, discussion, etc. that is in any way part of the
programs covered by this agreement, and includes the right to use media products on non-commercial cable
television.
6. The grantee receiving permission for any replication of materials or media products in any form under this agreement
and the project director involved are jointly and severally responsible for insuring that:
a. all necessary releases and clearances for the use or publication of speeches, talks, and/or other items involved are
obtained from the program speakers, participants, and others involved in the grant project;
b. the integrity of the grant program from which the publications and/or media products are produced is preserved
and that the materials will not be used in a manner inconsistent with the original objective nature and intent of the
grant program; and
c. no portion of the products produced with grant funds from the TCH may be duplicated, or used independently of
the entire product, without the written approval of the grantee and the TCH.
G. Acknowledgement of Support
1 All publicity releases, informational brochures, printed programs, and public reports pertaining to the approved grant, as
well as all films, slide programs, photographic materials, and audio and video recordings produced under a TCH grant,
must include acknowledgement of TCH support, using the following wording:
"THIS PROGRAM IS MADE POSSIBLE IN PART BY A GRANT FROM THE TEXAS COMMITTEE FOR THE
HUMANITIES, A STATE PROGRAM OF THE NATIONAL ENDOWMENT FOR THE HUMANITIES."
2. For projects involving public policy or controversial issues, the following disclaimer must be included in all printed
programs, brochures, public reports, films, slide programs, photographic materials, and audio and video recordings,
or announced at the public program:
"The views expressed herein do not necessarily represent those of the Texas Committee for the Humanities and
the National Endowment for the Humanities."
3. The grantee hereby agrees to publicize the project thoroughly in accordance with the plan set forth in the proposal
and utilizing the suggestions provided by the TCH.
H. Non -Profit Status
The grantee certifies that it is a non-profit organization for the purposes covered by this agreement. If the grantee is a
tax-exempt organization under Section 501(c) of the Internal Revenue Code, a copy of the IRS determination must be
submitted to the TCH with the signed copy of this agreement unless it has been previously submitted.
I. Modifications
No person other than the Executive Director or the Associate Director/Grant Program of the TCH is authorized to modify
any of the terms of this agreement. The TCH shall not be liable for any costs incurred by the grantee which are not in
conformance with the terms of this agreement.
J. Conditions of the Grant
1. In making this grant the TCH does not assume any liability or responsibility for the actions of the grantee in carrying
out the purposes of the grant. The grantee shall be responsible for taking appropriate action concerning, and agrees
that the TCH shall not be responsible for, legal action arising out of the actions of the grantee in carrying out the
purposes of the grant.
2. The grantee agrees that it will not assign its rights or obligations under this grant agreement without the written
permission of the TCH. In the event that such rights are transferred to any other party, the terms of this agreement will
remain in effect.
K. General Provisions
The proposal submitted by the grantee, as amended and approved by the TCH, is considered a part of this agreement.
L. Non -Compliance
Failure of the grantee to comply promptly with any and all provisions of this grant agreement shall be deemed sufficient
cause for it to be terminated. Such termination shall be effective upon receipt by the grantee of written notice from the
TCH.
M. Non -Discrimination
1. Civil Rights Act of 1964 (Title VI, Section 601)
Acceptance of this agreement signifies full compliance with Title VI of the Civil Rights Act of 1964 to the end that
no person, on the grounds of race, color, or national origin, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination in any program or activity financially assisted by the TCH.
2. Education Amendment of 1972 (Section 901)
No person shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to
discrimination under any education program or activity financially assisted by the TCH.
3. Rehabilitation Act of 1973 (Section 504)
No otherwise qualified handicapped individual in the United States, as defined in the Rehabilitation Act of 1973,
shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity financially assisted by the TCH.
N. Other
TCH will provide outright funds of up to $4,375.00 as follows:
1) 40% ($1,894.00) due upon TCH receipt of signed Grant Agreement, but not
prior to the grant period;
2) 40% ($1;894.00) due:upon--TCH receipt of,interim,expenditures report;
3) the balance due upon TCH receipt and approval of final expenditures
and evaluation reports.
TEXAS COMMITTEE FOR THE HUMANITIES GRANTEE
City of Lubbock Parks & ecreation Dept.
100 Neches Lubbock Fine Arts Center
Austin, Texas 78701.4107
(512) 473.8585 2600 Avenue P
Lubbock. Texas 79405
�tir�-�'� a�✓t� i
Executive Director Project Director (signature)
AA,!l /
r (o , r7/ T� Coni e Gibbons
Date Project Director (typed)
CIJY OF LUBBOCK
r
Date
B, C. cM NN, MA1;OR
Project Fiscal Agent and/or Contract Officer (signature)
Doug Euganks
Ranet a Boyd, City Secre-tar6l Project Fiscal Agent and/or Contract Officer (typed)
Approve ed to turmt „�_ Xa
10/84' •eL Date
Assistant City Attorney