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HomeMy WebLinkAboutResolution - 2491 - Agreement - LCAC - Arts Grant Program - 01/08/1987MH: da RESOLUTION Resolution #2491 January 8, 1987 Agenda Item #5 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 an Agreement by and between the City of Lubbock and Lubbock Cultural Affairs Council, 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 8th day of January , 1987. B.C. McMINN, MAYOR Ranettk3oyd, City Secretary APPROVED AS TO CONTENT: Rita Harmon, Assistant City Manager APPROVED AS TO FORM: Mich"ele Hart, Assistanf City Attorney t STATE OF TEXAS § COUNTY OF LUBBOCK § AGREEMENT This agreement between the City of Lubbock, a municipal corpo- ration ("City"), and the Lubbock Cultural Affairs Council, a Texas non-profit corporation ("Council"), for the purposes and considera- tion hereinafter expressed: WITNESSETH: WHEREAS, Article 1269]-4.1, Vernon's Texas Civil Statutes, au- thorizes the City to levy by ordinance a hotel occupancy tax which may not exceed 7% of the consideration paid by a hotel occupant; and WHEREAS, Article 1269j-4.1, Vernon's Texas Civil Statutes, au- thorizes the city to provide for the use of one -fourteenth of the revenue derived from its hotel occupancy tax for the encouragement, promotion, and improvement of all forms of arts, and WHEREAS, there is now on deposit in the City's General Fund $95,594 (the "Funds") representing that portion of the hotel occu- pancy tax to be disbursed for the encouragement of the arts as heretofore stated and collected by the City on or before September 30, 1986, for the fiscal year ending that date; WHEREAS, the Council comprised of a cross-section of those in- terested in and participants of the Lubbock arts community, has pro- posed certain Guidelines (hereinafter "Guidelines" that are attached hereto as Exhibit A made a part hereof and incorporated by reference herein for all purposes) provided for the information of a Review Committee to recommend to the City how the Funds should be dis- tributed; NOW COME, THEREFORE, the City and Council agree as follows: 1. The City does hereby adopt, ratify and affirm the Guide- lines attached hereto and the procedures set forth therein. 2. The City agrees to pay to the Council the $95,594 herein referred to in three equal installments of $31,864.67, the first in- stallment to be paid upon the signing of this agreement, the second on or before August 15, 1987, and the third on or before November 15, 1987. The Council shall submit a request for payment to the City hereunder and the City shall submit said payment to the Council within 21 days from receipt of said request for payment. 3. From the first installment paid by the City, $4,799.70 may be deposited by the Council in its operating account and used to convert the estimated administrative costs of the disbursement of the Funds. The balance of that installment and all other installments shall be deposited pending dispersal to application grantees in an interest bearing account at a depository of the Council's choosing. The principal amounts of the installments only shall be expended as approved, with the interest being rebated to the City at the end of the term of this agreement (or sooner at the convenience of the par- ties). 4. The Funds shall be disbursed to application grantees in accordance and only in accordance with the Guidelines attached hereto. 5. If the Review Committee as created in the guidelines ap- proves applications for grants in excess of the amounts disbursed by the City, but less than the total amount of $95,594, the City, in its -9a y discretion, may advance the additional amount requested prior to the scheduled installment payment date as herein before set forth. 6. The Council shall keep careful books and records as to the administrative costs of the disbursement of the Funds and as to the disbursement of the Funds themselves, how they are spent by the application grantees, shall allow access to the books and records to City representatives at any time, and shall make at least quarterly reports to the City. The Council will, annually, furnish the City with a financial report detailing how each grantee has expended their grant funds. 7. The Council shall allow the City's duly employed certi- fied public accountants to audit the use of the Funds and shall be responsible for the costs of the Audit (which may be paid from the Funds), and any other expenses incurred by the City in assuring that said funds are properly dispersed by the Council. 8. The Council does hereby indemnify the City from any lia- bility rising out of the disbursement and use of the Funds including but not limited to any cause of accident or claim arising at events made possible or partially possible by the Funds, and agrees to hold the City harmless therefrom. 9. The Council will request that each grantee give appropri- ate credit to include the following acknowledgement on printed pro- grams or other information by the grant recipients: "This program (exhibit) made possible in part through a grant from the Lubbock City Council, as recommended.by the Lubbock Cultural Affairs Council". 10. This agreement expires December 31, 1987. Executed this 8th day of January 1987. ATTEST: Ranet a Boyd, City Secretary APPROVED AS TO CONTENT: Rita P. Harmon, Assistant City Manager for Public Safety & Services APPROVED AS TO FORM: Assistant City A torney -2- THE CITY OF LUBBOCK B.C. MCMINN, MAYOR Lubbock Cultural Affairs Council BY: Kay Woods, President EXHIBIT A CITY OF LUBBOCK AND LUBBOCK CULTURAL AFFAIRS COUNCIL CULTURAL GRANTS PROGRAM 1987 HANDBOOK Lubbock Cultural Aff=airs Council, Inc. is a division of The Lubbock Chamber of Commerce _3_ INTRODUCTION The City of Lubbock/Lubbock Cultural Affairs Council Cultural Grants Program is designed to provide local cultural organizations with financial support for projects representing a significant effort toward the promotion of the arts and humanities in Lubbock and contributing to Lubbock's growing reputation as a regional cultural and entertainment center. GENERAL ELIGIBILITY 1. An applicant must be a non-profit, tax-exempt organization holding letters of confirmation from the Internal Revenue Service. 2. An applicant must have been chartered and actively pursuing its goals for at least one year prior to application. 3. The proposed project must represent a significant effort toward the promotion of the arts and humanities. 4. The project must begin within six months of the date of application and must be completed within 12 months of the issuance of the 80a portion of the grant unless otherwise specified in the application. 5. Funding may not be used for personal expenses or for anything not directly related to the advancement of the arts and humanities in the Lubbock community. 6. Grant monies may not be used for projects already completed or funded. FINANCIAL REQUIREMENTS 1. Applicants must match all funds proviced by the grant. A portion of their match may be "in kind", non-cash donations of goods or services which pertain directly to the administration of the project. 2. Eighty percent (800) of the grant award will be scheduled for payment on the date requested on page one of the application form. The remaining twenty percent (200) will be paid upon receipt of the applicant's written evaluation. This evaluation form will be provided by the Lubbock Cultural Affairs Council and must be completed and returned to the Council within ninety days of the conclusion of the support period. Failure to submit the evaluation form in the designated time frame will result in forfeiture of the remaining twenty percent (200). 3. Applicants must submit a copy of a financial statement from a certified public accountant or a copy of an independent audit for their most recent operating year. Books and records must be maintained for at least one year after termination of the grant and must be exhibited upon request by the Lubbock City Council or the Lubbock Cultural Affairs Council. A financial statement from a certified public accountant or an independed audit will be required for the fiscal year in which the grant is given. -4- Reimbursement for the aforementioned cost may be requested in the grant application (Section VI, Letter J). 4. City of Lubbock/LCAC grants may be used as matching funds when applying for funds from another agency or source; however, actual funding of the City of Lubbock/LCAC grant will be contingent upon approval from the other agency or source. PRE -APPLICATION REVIEW Applicants submitting applications to the Cultural Grants Program are strongly encouraged to schedule a pre -application review with the Executive Director of the Lubbock Cultural Affairs Council. Appointments may be made by contacting the LCAC office at 763-4666. FUNDING PERIODS/DEADLINES Applications will be accepted twice yearly: JUNE 1, 1987 - for projects beginning after September 1, 1987. DECEMBER 1, 1987 - for projects beginning after March 1, 1988. REQUIRED ATTACHMENTS Applications will be considered only if the following is included: I. Copy of the organization's IRA non-profit tax -exemption letter. 2. List of the organization's board of directors. 3. Brief narrative on the purpose and history of the organization. 4. Resumes of people involved in managing the project. 5. Outside information (news clippings, programs, etc) where applicable. 6. Copy of an independent audit or a financial statement from a certified public accountant for the most recent operating year. CREDIT LINE Proper credit must be given to the City of Lubbock/Lubbock Cultural Affairs Council Grants Program by including the following acknowledgment on all printed programs, publicity or publications related to the programs: THIS PROGRAM (EXHIBIT) MADE POSSIBLE IN PART THROUGH A GRANT FROM THE LUBBOCK CITY COUNCIL, AS RECOMMENDED BY THE LUBBOCK CULTURAL AFFAIRS COUNCIL. Failure to include this credit line may result in cancellation of the award. -5- FINAL EVALUATION A final evaluation must be submitted within 90 days of project completion. The evaluation form is provided by the Lubbock Cultural Affairs Council and must include an itemized account of the project and five photos (where applicable. Failure to submit the evaluation will result in forfeiture of the remaining 200 of the award. REVIEW PROCEDURES The review committee consists of four members appointed by the Lubbock Cultural Affairs Council and two members appointed by the Lubbock City Council. The committee will review applications and make recommendations to the Lubbock City Council, which has final authority. All appointed committee members shall be appointed for a term of three years. The executive director of the Lubbock Cultural Affairs Council will serve as an ex -officio member of the review committee. The review committee will meet to consider applications within three weeks of the application deadline. In the event that additional support material is required of any applicant, decisions on all applications will be made at subsequent meetings of the review committee. The committee will be charged with the responsibility of making its recommendations to the City Council as early as possible following the established applica- tion deadlines. The approved applications in any granting period may not necessarily total the available funds for that period. In this event, the remaining funds will be carried over to the next granting period. REVIEW CRITERIA The grants review committee will consider the following criteria in reviewing each application. This, along with the information submitted, will guide the committee in forming their recommendations: 1. The project primarily serves the residents of and/or visitors to the Lubbock area. 2. The project contributes to the economy and/or promotes tourism in Lubbock. 3. The project contributes to Lubbock's reputation as a regional cultural and entertainment center. 4. The project serves to educate the citizenry in the arts and humanities. 5. The applying organization has demonstrated sound fiscal management. 6. The applying organization is capable of implementing the proposed project. 7. Significant funds have been committed by the organization for the project. -6- 8. Emphasis is directed toward a specific project or performance rather than day-to-day financial requirements of the organization. 9. The proposal encourages collaboration between organizations. 10. The project improves the quality of arts or humanities available in the community. 11. The project promotes access to the arts and humanities for the entire community. 12. The project promotes the development and/or identification of creative talent. 13. The project is innovative. 14. The total budget is commensurate to the project. 15. The proposal includes adequate means for publicizing both the project and the City of Lubbock/Lubbock Cultural Affairs Council Grants Program. 16. Review of past efforts demonstrates predictable success for the project. -7- 1987 CITY OF LUBBOCK - LUBBOCK CULTURAL AFFAIRS COUNCIL CULTURAL GRANTS PROGRAM APPLICATION FORM I. OFFICE USE ONLY - DO NOT WRITE IN THIS SPACE Date Received: Amount Requested: Application No.: Amount Funded: II. GENERAL INSTRUCTIONS Seven (7) copies of your typewritten application must be submitted to the Lubbock u tura Affairs Council, P.O. Box 561, Lubbock, TX 79408, postmarked or hand -delivered no later than the period deadline (June 1 or December 1). Late applications will not be considered. Use only space provided. Other pages will not be considered. III. ORGANIZATION INFORMATION Organization: Mailing Address: Street/P.O. Box City State Zip Chief Administrative Officer and Title: Project Director: Telephone(s): Applicant Organization is legally: IRS Tax Exempt College/University Unit of Government Other (specify): Person to whom all correspondence or telephone inquiries about this application should be directed: Name: Telephone -Business: Address: Home• Street City Zip Project Beginning Date: Project Ending Date: Date Grant Funds Actually Needed: IV. ORGANIZATION FINANCIAL INFORMATION Total Operational Budget: 1985 1986 1987 Revenues: $ $ $ . Expenditures: $ $ $ 1987 Application Form - Page 2 V. PROJECT DESCRIPTION Project Title: Number of persons to be directly served by this project: Project Description: (Provide a concise description of the project for which you are applying. The first sentence should be a brief overview of the project, including the amount requested from the grants program. Refer to and address the review criteria on page three of the Handbook. Additional pages will not be accepted.) Please list organizations and/or persons with business and managerial skills who will assist in administering this project, including telephone numbers. 1987 :Application Form - Page 3 If applicable, how do you plan to publicize this project? Specific target groups to be served, if anv: Explain your plans for the development of this project: VII. ASSURANCES If a grant is awarded, the applicant gives assurances to the Grants Program that: 1. The activities and services for which financial assistance is sought will be administered by or under the supervision of the applying organization. 2. Any funds received as a result of this application will be used solely for the project described. 3. The officials signing the application form and subsequent contract have been authorized by the applying organization to submit this application. 4. The applicant shall retain a copy of the 1987 City of Lubbock -Lubbock Cultural Affairs Council Grants Program Handbook and shall execute the grant by the rules and regulations stated therein. S. The applicant hereby agrees to indemnify the Lubbock Cultural Affairs Council from any liability rising out of the disbursement and use of grant funds including, but not limited to any cause of accidents or claims arising at events made possible or partially possible by the funds. (In so far as the Constitution and Laws of the State of Texas permit in applications made by Texas Tech University). We hereby certify that all figures, facts, and representations made in this application, including any attachments, are true and correct to the best of our knowledge. Chief Administrative Officer: Project Director: Signature: Signature: Typed Name: Typed Name: Date Signed: �___ Date Signed: 1987 Application Form - Page 4 VI. PROJECT FINANCIAL INFORMATION NOTE: Attach a complete breakdown of "Expenditures a -k" and "Cash Income a -f." Indicate expenditures to be paid from grant funds. Round figures to nearest dollar. EXPENDITURES (for this project only) a. Organization's staff salaries b. Professional services (artist, consultant fees, etc.) c. Facilities/Equipment d. Travel/Transportation e. Lodging f. Rentals (other than facilities) g. Supplies/Materials h. Promotion/Publicity i. Postage/Telephone j. Financial Statement Fees (see handbook page 2, no. 3) k. Other (itemize) TOTAL PROJECT EXPENDITURES CASH INCOME (for this project only - indicate amount and source) a. Fees/ Paid Admissions b. Individual Donations c. Corporate/Business Contributions d. Organization Funds e. Foundation Support f. Other (itemize) M TOTAL CASH INCOME (1) IN-KIND APPROPRIATIONS (for this project only) Materials/Services Contributed Source a. b. c. TOTAL IN-KIND (2) AMOUNT REQUESTED FROM CITY-LCAC GRANTS PROGRAM TOTAL PROJECT INCOME (3) [Total Cash Income (1) + Total In -Kind (2) + Amount Requested from City-LCAC Grants Program (3) = TOTAL PROJECT INCOME.) TOTAL PROJECT EXPENDITURES MUST EQUAL TOTAL PROJECT INCOME THE STATE OF TEXAS ) , COUNTY OF LUBBOCK AGREEMENT This agreement is made this day of , 1987, at the City of Lubbock, County of Lubbock, State of Texas, between the Lubbock Cultural Affairs Council, hereinafter called Party of the First Part and . hereinafter called Party of the Second Part. The Party of the First Part has herein agreed to grant Party of the Second Part funds in the amount of for the specific purposes set out below. Party of the Second Part specifically covenants with the Party of the First Part that it meets the eligibility requirements for such grant to -wit: 1) That Party of the Second Part is a non-profit, tax-exempt organization holding confirmation letters from the Internal Revenue Service showing such status; and has been chartered and actively in pursuit of its goals at least one year prior to the making of the application for this grant; 2) The project for which this grant was applied will serve residents of and/or visitors to the Lubbock area; 3) The Party of the Second Part will maintain books and records and will be prepared to exhibit financial statements to Party of the First Part following the termination date of the grant for at least one year, upon request of the City Council or the Lubbock Cultural Affairs Council. 4) Party of the Second Part will submit an audit or a financial statement from a certified public accountant or an independent audit for the fiscal year in which the grant is issued (If the party of the Second Part is Texas Tech University, then an "independent" audit is not required). S) Party of the Second Part will provide a written evaluation on a form provided by Party of the First Part concerning the project and provided as a record of the project to the Party of the First Part within ninety days of the termination date of the project. 6) Party of the Second Part shall not use the grant funds for personal expenses nor for anything not directly related to the advancement of the arts and humanities within the Lubbock community. 7) Party of the Second Part states the project and programs for which this grant is requested will contribute to Lubbock's cultural identity and assist in promoting tourism, either directly or indirectly. 8) Party of the Second Part covenants that management of the project will be sound and capable of implementing said project as proposed. 9) Party of the Second Part shall make the projects and programs accessible to the public. 10) Party of the Second Part shall make significant effort toward expanding the arts and outreach to the public in a total effort of the Party of the Second Part. 11) Grant funds from the Party of the First Part may be used as matching funds; however, Party of the Second Part states the grant funds herein requested shall not be used for projects already completed or previously funded. 12) In so far as the laws and the Constitution of the State of Texas permit, The Party of the Second Part does hereby indemnify the Party of the First Part from any liability rising out of the disbursement and use of this grant including but not limited to any cause of accident or claim arising at events made possible or partially possible by the grant, and agrees to hold the Party of the First Part harmless therefrom. 13) Party of the Second Part states that the grant funds requested shall be applied to the following categories: Theater Architecture Music Visual Arts Dance Historic Preservation Humanities Combination of Art Forms Media Other 14) Party of the Second Part agrees that appropriate credit will be given in the following manner verbally and/or printed "This program (exhibit) made possible in part through a grant from the Lubbock City Council, as recom-nended by the Lubbock Cultural Affairs Council." 15) Party of the Second Part agrees to abide by all rules and regulations as stated in the 1987 grants application handbook. Party of the First Part shall, upon the awarding of this grant, schedule eighty percent (800) of the grant funds for payment on the date requested on the application forms provided by Party of the First Part. Party of the First Part will retain twenty percent (20%) of the grant funds to be paid only after receipt of the written evaluation due within ninety days following termination of project provided hereinabove by Party of the Second Part. In the event any of the requirements for the awarding of this grant are violated or if the purpose for which these grant funds are awarded is altered or change or monies are applied to any other purpose other than the purpose specif- ically stated in the application for these funds, Party of the Second Part shall immediately remit to Party of the First Part all grant funds heretofore expended by Party of First Part together with earned interest at the highest legal interest rate. This written Agreement contains the sole and entire agreement between the parties. The parties acknowledge and agree that neither of them has made any representations inducing the execution and delivery hereof except such representation as is specifically set forth herein and each of the parties hereto acknowledges that he or it has relied on his or its own judgment in entering into same. Parties hereto further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with each other. It is further agreed that no waiver or modification of this Agreement or any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and that no evidence of waiver of modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of any party here- under unless such waiver of modification is in writing duly executed as afore- said, and parties further agree that the provisions of this paragraph may not be waived except as herein set forth. The term of this contract shall be for one year following the execution of this contract, unless otherwise mtitually agreed thereto in writing. The parties hereto agree that it is their intention and covenant that this Agreement and performance hereunder and all suits and special proceedings hereunder be construed in accordance with and pursuant to the laws of the State of Texas and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement the laws of the State of Texas shall be applicable and shall govern to the exclusion of the law of any other form, without regard to the jurisdiction in which any action or special proceeding may be instituted. BY LUBBOCK CULTURAL AFFAIRS COUNCIL BY Party of the Second Part SUBSCRIBED AND SWORN TO BEFORE ME on this the day of 1987. NOTARY PUBLIC in and for Lubbock County, Texas My Corrmission Expires: 1987 CITY OF LUBBOCK - LUBBOCK CULTURAL AFFAIRS COUNCIL CULTURAL GRANTS PROGRAM EVALUATION REPORT FORM Please Type IMPORTANT! This form must be completed within ninety days of the conclusion of the project in order to receive the remaining 20% of the award. Your report is due on OFFICE USE ONLY - DO NOT WRITE IN THIS SPACE Grant Number: Date Received: Grant Amount: Reviewed By: A. APPLICANT INFORMATION Applicant Organization: Mailing Address: Street/P.O. Box Evaluation Reported By: Mailing Address: Street/P.O. Box Telephone(s): Business Home City State Zip City State Zip Date Reported: B. SUMMARIZED DESCRIPTION OF PROJECT Title of Project: 1987 Evaluation Report - Page 2 C. PROJECT INFORMATION Project Dates: to Total Attendance: Approximate Age of Audience: Under 18 % 36 - 65 19 - 35 % Over 65 Interest Groups Served By This Project: (i.e. elderly, minority, student, etc.) Groups Attendance 0 % Interest Groups Total Attendance: Was this a pilot project? Continuing program? Is there a possibility of expansion of this program? If so, how would the present program be adapted or modified? Please compare the outcome of the project with the objectives stated in the application form. Were they successfully met? If not, why not? How would you suggest improving similar projects in the future? Other comments: Note: We request that a minimum of five slides (2" by 2" format) and/or three black and white glossies (5" x 7" format) be included with this report (staff option). These will be retained by the Grants Program and should not be purchased with grant funds. 1987 Evaluation Report - Page 3 VI. PROJECT FINANCIAL INFORMATION NOTE: Attach a complete breakdown of "Expenditures a -k" and "Cash Income a -f." Indicate expenditures paid fromgrant funds. EXPENDITURES (for this project only) a. Organization's staff salaries b. Professional services (artist, consultant fees, etc.) c. Facilities/Equipment d. Travel/Transportation e. Lodging f. Rentals (other than facilities)- g. Supplies/Materials h. Promotion/Publicity i. Postage/Telephone j. Financial Statement Fees (see handbook page 2, no. 3) k. Other (itemize) TOTAL PROJECT EXPENDITURES O CASH INCOME (for this project only - indicate amount and source) a. Fees/ Paid Admissions b. Individual Donations c. Corporate/Business Contributions d. Organization Funds e. Foundation Support f. Other (itemize) TOTAL CASH INCOME (1) IN-KIND APPROPRIATIONS (for this project only) Materials/Services Contributed Source a. b. c. TOTAL IN-KIND (2) TOTAL AMOUNT AWARDED BY CITY/LCAC GRANTS PROGRAM (3) TOTAL PROJECT INCOME [Total Cash Income (1) + Total In -Kind (2) + Amount Requested from City-LCAC Grants Program (3) = TOTAL PROJECT INCOME.]