Loading...
HomeMy WebLinkAboutResolution No. 2010-064CITY OF THE COLONY RESOLUTION NO. 2010-0 4 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS ADOPTING THE CITY OF THE COLONY'S CULTURAL ARTS BOARD GRANT POLICY, PROCEDURE AND APPLICATION PACKET TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL WHEREAS, the Cultural Arts Board (CAB) is charged with encouragement, promotion, improvement, application and participation in the arts and humanities in the City of The Colony; and WHEREAS, the City of The Colony provides annual funding to the Arts applicants from the Hotel Occupancy Tax Fund as specified in the municipal occupancy tax statue, found in Chapter 351 of the Texas Tax Code as amended; and WHEREAS, the Cultural Arts Board finds it necessary to create grant policies, procedures and an application to equitably distribute the available grant funds; and NOW THEREFORE BE IT RESOLVED BY THE CITY OF THE COLONY, TEXAS THAT: SECTION 1: That the City Council hereby adopts the City of the Colony's Cultural Arts Board Grant Policy, Procedure and Application Packet. SECTION 2: That this resolution shall be in force immediately upon its passage in accordance with the Charter of the City of The Colony and it is accordingly so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ON THE 20th DAY OF JULY, 2010. J McCouriy, ayor AT1TE T: Christie Wilson, City Secretary PROVED AS TO FORM: Jeff Moore, City Attorney City by the Lake CITY OF THE COLONY CAPPLICATION PACKET Hotel Occupancy Fund Grant Request To the Cultural Arts Board CONTENTS 1. Letter from the Mayor II. Policies & Procedures for Hotel Occupancy Tax Fund Requests III. Sample Promotion of the Arts Agreement IV. Time Schedule for Applications V. Proposal Review and Evaluation Instrument VI. Application Instruction Sheet VII. Application VIII. Event Reporting Form -2- II Policies & Procedures Hotel Occupancy Tax Fund Request Statement of Objective The City of The Colony provides annual funding to Arts applicants from the Hotel Occupancy Tax Fund as specified in the municipal hotel occupancy tax statute, found in Chapter 351 of the Texas Tax Code, as amended. The Cultural Arts Board is charged with encouragement, promotion, improvement, application, and participation in the arts and humanities in the City of The Colony. This includes promoting the performing arts, visual arts, literature and local culture and heritage; and the nurturing of local artists, performers, historians, writers, artisans, or other similar persons. Funding Restrictions The State of Texas imposes a legal cap of fifteen percent (15%) of receipts from the local Hotel Occupancy Tax that may be allocated and used for the promotion and development of the arts. See, Texas Tax Code Section 351.103. Applicant Eligibility The program/event/exhibition proposed must take place within the city limits of The Colony. Events may be held outside of the city limits of The Colony with approval of the City Council. If applying as a non-profit organization, IRS Form 990 or a Tax Exempt status letter must be provided. Criteria Applications shall be approved and evaluated by the CAB, the City Manager and/or City Attorney to determine if the following criteria are being met: 1. Benefit of the program to the community; 2. Opportunity for The Colony citizens to participate in the program, if applicable; 3. The capability of the applicant to manage and produce the proposed program; and; 4. The artistic merit and quality of the proposed program. - 3 - Procedures The City will make all possible effort to insure that the community is aware of the availability and purpose of the Hotel Occupancy Tax Fund program for the promotion of the arts. The City will advertise through various media sources the beginning and ending deadlines for receipt of applications for Hotel Occupancy Tax Fund requests for the promotion of the arts. 1. The CAB will make applications available to arts applicants interested in responding. 2. Deadlines, policies, and procedures, priorities and other pertinent information will be included in the application packet. 3. All proposals submitted will receive a consistent review and discussion based on the criteria as stated in the Proposal Review and Evaluation Instrument document. 4. Application should be submitted to the CAB Grants Review Committee by the date designated in the annual advertisement. The CAB will address all questions to the contact person listed in the application packet should the need arise. 5. The CAB and City Attorney will make a final recommendation on funding through a proposed CAB budget that will be forwarded to the City Manager for consideration. Review Process The review process regarding funding consists of a three-phased cycle. • CAB; • City Attorney review; and • City Manager review and approval. 1. The CAB, which is the advisory body for the City Council and City Manager on Arts issues, will review the proposal to determine if the following criteria and requirements are met: a. The proposed program meets the City's Promotion of the Arts Agreement objectives; b. The proposed program addresses an eligible Hotel Occupancy Tax Fund activity; c. All required documentation is included in the application; and -4- d. The proposed program must have clear goals and objectives, sound financial program and program management. 2. The CAB will prioritize the programs and recommend those programs that can be funded within the target number. The recommended programs will be submitted to the City Attorney for review. City Attorney will provide a report to the CAB on any programs that do not meet all criteria. City Attorney may request additional information, request a conference with the Authorized Official of the applicant, or take steps to assure a fair and equitable granting process. The City Attorney and the CAB will develop and finalize the CAB proposed budget for the promotion of the arts. 3. The final budget recommendations will be approved by the CAB. Criteria for Decision Making Proposals will be critiqued in three areas: programming, management, and finances using the Review and Evaluation Instrument document contained in this packet. A copy of the Review and Evaluation Instrument and any written comments made by CAB will be returned to the applying applicant. Contact Procedures The City Manager's office will notify the CAB of funding allocations. The CAB will notify each recipient applicant and the City will advertise availability of these funds in a local newspaper. Reporting for Disbursement of Funds Funds received from the CAB shall be administered in accordance with the CAB Agreement. Monitoring The Event Reporting Form shall be submitted to the CAB Treasurer and the City of The Colony Director of Finance at the completion of each event. Funding for any future event will not be approved without the required form first being received for the original event. A financial statement showing actual program costs should be included. Inadequate Performance or Non-compliance If a recipient's program is found to be non-compliant with the permissible use of Hotel Occupancy Tax revenue or with the City of The Colony Promotion of Arts Agreement, funding may be withheld until compliance is achieved. If program performance is found to be inadequate for the stated objectives and measures, the applicant may be required to submit a written explanation for the variance. Inadequate - 5 - program performance may adversely affect future Hotel Occupancy Funding requests to the City. The City of The Colony reserves the right to audit the records of the CAB, the recipient of funds or any sub-recipient at any time. -6- III Sample Promotion of the Arts Agreement The following is a sample agreement for funding of arts programs with the municipal hotel occupancy tax. Any organization receiving funding with the municipal hotel occupancy tax will be required to enter into an agreement guaranteeing the uses of the municipal hotel occupancy tax consistent with state statute, and which is in a form which is acceptable to the City Attorney, City Manager, and City Council. SAMPLE AGREEMENT STATE OF TEXAS § § FUNDING AGREEMENT COUNTY OF DENTON § This Funding Agreement (hereinafter referred to as the "Agreement") is made by and between the City of The Colony, Texas (hereinafter referred to as the "City"), and [Arts Entity] (hereinafter referred to as the "[Arts Entity]", acting by and through their respective authorized officers. WITNESSETH: WHEREAS, the [Arts Entity] has requested the funding for a portion of the [Arts Event] through the City of The Colony Hotel Occupancy Tax (hereinafter referred to as the "HOT FUNDS"); and WHEREAS, the City desires to assist the [Arts Entity] in funding a portion the [Arts Event] through HOT FUNDS; and WHEREAS, the City finds and determines that the provision of HOT FUNDS through this Agreement is consistent with Section 351.101(a)(4) of the Texas Tax Code; and WHEREAS, the City has determined that entering into this Agreement with [Arts Entity] will further the objectives of the City and the objective of enhancing and monitoring tourism and the hotel industry and will be in the best interest of the City and local businesses. NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the receipt and sufficiency of which are hereby acknowledged on the terms and conditions hereinafter set forth, the parties agree as follows: - 7 - ARTICLE I Term This Agreement shall be effective on the date of execution hereof by the City and the [Arts Entity] and shall continue until the parties have satisfied all of their respective obligations, unless sooner terminated as provided herein. ARTICLE II Agreement 2.1 [Arts Entity] requests that the City make a grant of HOT FUNDS for the Festival in the amount not to exceed [Dollar Amount], as follows: 2.2 The [Arts Entity] shall provide to the City accounting records, receipts, transactions and reports, including audit reports, related to the grant of HOT FUNDS on the following: 2.3 City agrees to provide a grant of HOT FUNDS to the [Arts Entity] for the purposes set for the herein in an amount not to exceed [Dollar Amount], as follows: 2.4 [Arts Entity] agrees, as a condition of receipt of the grant, to hold the [Arts Event] within the city limits of the City. 2.5 City and [Arts Entity] shall enter into the appropriate License Agreement for the use of any City facility used in connection with the [Arts Event]. 2.6 The [Arts Entity] shall make appropriate arrangements to be able to report to the City regarding the number of room nights consumed for those attending this event. ARTICLE III Termination and Recapture 3.1 Termination Events. This Agreement shall terminate upon any one of the following: (a) by written agreement of the parties; (b) by either party in the event the other party breaches any of the terms or conditions of this Agreement and such breach is not cured within thirty (30) days after written notice thereof; (c) by City, if any subsequent Federal or State legislation or any decision of a court of competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable; - 8 - (d) by [Arts Entity], if the City fails to provide funding for the purposes recited herein; (e) by City, if [Arts Entity] fails to use all of the funds for the purposes provided in Article II of this Agreement; and (f) by City, if [Arts Entity] fails to provide required timely accounting of the use of HOT FUNDS as required in Article II of this Agreement. 3.2 Recapture. In the event of termination under Section 3.1 of this Agreement, the non-defaulting party shall give written notice to the other party of any default, and the defaulting party shall have thirty (30) days to cure said default. Should said default remain uncured as of the last day of the applicable cure period, and the non-defaulting party is not otherwise in default, the non-defaulting party shall have the right to immediately terminate this Agreement, enforce specific performance as appropriate, or maintain a cause of action for damages caused by the event(s) of default. In the event [Arts Entity] defaults and is unable or unwilling to cure said default within the prescribed time period, the Grant of HOT FUNDS in the amount of [Dollar Amount] shall become immediately due and payable by [Arts Entity] to City. Further, in the event that the HOT FUNDS are not used for the Festival as provided herein, then the [Arts Entity] shall return any unused funds paid by the City for the Festival. ARTICLE IV Miscellaneous Provisions 4.1 Amendment. This Agreement may only be amended by the mutual written agreement of the parties. 4.2 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 4.3 Assignment. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the express written consent of the City Manager and City Council. 4.4 Binding Obligation. This Agreement shall become a binding obligation on the signatories upon execution by all signatories hereto. [Arts Entity] warrants and represents that the individual or individuals executing this Agreement on behalf of [Arts Entity] has full authority to execute this Agreement and bind [Arts Entity] to the same. City warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind it to the same. -9- 4.5 Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. 4.6 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. 4.7 Effective Date. The effective date of this Agreement shall be the date of the later to execute this Agreement by [Arts Entity] and City. 4.8 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. 4.9 Legal Construction. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 4.10 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt requested, addressed to the party at the address set forth with the signature of the party. 4.11 Time is of the Essence. Time is of the essence in the performance of this Agreement. 4.12 Undocumented Workers. The [Arts Entity] certifies that the [Arts Entity] does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If during the Term of this Agreement, [Arts Entity] is convicted of a violation under 8 U.S.C. § 1324a(f), [Arts Entity] shall repay the amount of the public subsidy provided under this Agreement plus interest, at the rate of percent ( not later than the 120th day after the date the City notifies [Arts Entity] of the violation. -10- IV Time Schedule for Applications October (1) The City Council will provide a target budget number to the CAB. The CAB budget submittal must be within the established target number. (2) Press releases with prevalent information will be sent to local news media Completed Applications are due to CAB Liaison by the period deadline (at least 5 business days before the December, March or June CAB regular session). CAB will review applications and prioritize the requests that can be funded within the target number. CAB submits the recommended programs to the City Manager's Office within 10 business days -11- V CITY OF THE COLONY CULTURAL ARTS BOARD HOTEL OCCUPANCY FUND PROPOSAL REVIEW AND EVALUATION INSTRUMENT Date Applican The application must reflect the intent and spirit of the lawful use of City of The Colony Hotel Occupancy Tax revenue. Each application will be judged and scored on the following factors, as presented in the application. The total score will be used to establish a rank order upon which funding recommendations will be based. Scoring will be based on a range of zero (0) to five (5) for each question with five (5) being the highest score per question. SCORE EVALUATION QUESTIONS Benefit to the Community 1. Does the proposed program benefit the City of The Colony by meeting a need not currently being met? 2. Will support promote cultural tourism in the City? 3. Will support enrich the cultural resources of the The Colony? 4. Is the proposed program consistent with the City of The Colony's objectives as stated in the CAB's Mission Statement? 5. Will the program provide cultural educational opportunities for the local community? Involvement of Citizenry 1. Does the proposed program provide access to quality arts events/performances, exhibitions and participation regardless of race, income, age, gender, disability, or social barriers? 2. Does the arts applicant provide activities and/or community outreach programs that respond to the cultural diversity of the City of The Colony? 3. Will support of this applicant's funding proposal promote and enrich the cultural resources available to the community? Ca abilit 1. Is there demonstrated evidence of public and/or private financial commitment for this applicant other than its request to the city of The Colony Hotel Occupancy Tax fund? • Ticket sales • Number of participants • Critical reviews • Number of local sponsor • Contributions businesses 2. Has the applicant historically demonstrated administrative and financial capability necessary to realize the proposed agenda? 3. Is the amount requested reasonable in relation to the total scope of the applicant's program? 4. Does the applicant exhibit the potential to achieve the administrative and financial goals of the proposed program? -12- SCORE EVALUATION QUESTIONS Qualit Pro rammin 1. Will support of the applicant promote excellence in the cultural arts in The Colon and the surrounding communities? 2. Is the applicant directly involved in creating and presenting events/performances/exhibitions of artistic merit? 3. Will support of the applicant foster support for artists of meritorious standing? 4. Does the applicant's history demonstrate having provided quality artistic programming? 5. Does the applicant currently demonstrate the potential to achieve quality artistic programming? Compliance 1. Is the proposal request compliant with state law governing use of Hotel Occupancy Tax revenue? 2. Are the applicant's programs clearly defined and supported by relevant statistical data? 3. Is the proposal compliant with the Promotions of the Arts Agreements between the City of The Colon and the Cultural Arts Board? TOTAL SCORE Signature of Reviewer: Date - 13 - VI Application Instruction Sheet Before filling out the application make sure you have carefully read Section II. Policies & Procedures for Hotel Occupancy Tax Fund Requests, and Section III. Sample Promotion of the Arts Agreement, and Section V Proposal Review and Evaluation Instrument. 1. The entire application should be printed legibly in blue or black ink or typewritten in at least 12pt. 2. Applicant is an arts organization or individual requesting City of The Colony Hotel Occupancy Tax funding through the Cultural Arts Board. 3. Contact person is someone who can answer questions about the applicant and the applicant's request. 4. Authorized Official is a principal of the applicant with authority to certify the information in the application and sign contracts for the applicant, or the individual making the request. 5. Applicant Income/Expense Statement Yearly Comparison is the applicant's past, current and projected operating budget. 6. Assurance is the applicant's guarantee to the City of The Colony and to the Cultural Arts Board that they have read, understand and will abide by the requirements outlined in the Promotions of the Arts Agreement. 7. Two (2) unbound copies of the application and the attachments must be delivered to the Cultural Arts Board's Liaison by the date designated by the CAB. -14- VII CITY OF THE COLONY HOTEL OCCUPANCY TAX FUNDING REQUEST FOR THE DEVELOPMENT AND PROMOTION OF THE ARTS APPLICATION A. Application Cover Page 1. Program Description 2. Executive Summary 3. Measurement of Objectives 4. Applicant Profile B. Program Data C. Applicant Income/Expense Operating Budget and Proposal Financial Information D. Assurances E. Board Information F. Required List of Attachments Notice: Submit two (2) copies of this application to the CAB by the date designated by the CAB. -15- A. APPLICATION FOR GRANTS PROGRAM Cultural Arts Board For Office Use Only: Date received: Recommendation: Amount requested: Payment Date: General Instructions Two (2) copies of your typewritten or legibly printed (in blue or black ink) application must be submitted to the Cultural Arts Board, postmarked or hand-delivered no later than the period deadline. Late applications will not be considered until the next grant cycle. Use only space provided. Other pages will not be considered. Applicant Name (recipient): Mailing Address/City/State/Zip: E-mail Address: Telephone Number: Program Title & Amount Requested: Contact Person: Authorized Official: (H#) (W#) (H#) (W#) Applicant is legally: (provide copies of determination letters) IRS Tax Exempt College/University Additional Non- Unit of Government Other (specify) Profit Classification Incorporated and Date Received Program Start Date: Program End Date: Payment Date: Estimated Number of People Served by this Program: Signature of Authorized Official who is duly authorized to sign Contractual Documents: Signature Title Date -16- 1. Program Description: Provide a concise description of the program for which you are applying. Be brief, no more than 5 lines. This overview will be used to describe your program throughout the evaluation. 2. Executive Summary: Type concise descriptions of the activity for which funds are being requested. Included in the description should be information on program publicity, target groups to be served, and plans for development of the program. Additional pages will not be accepted. requests $ to: (Name of Applicant) -17- 3. Measurement of Objectives: Below please relate the activities for which funding is requested to the following review criteria. Benefit to the Community: Involvement of Citizenry: Capability: Quality Programming: 4. Profile: Mission Statement: Brief History and Accomplishments: -18- B. Program Data Program Activities /Events for which funds are requested: 1. Date(s) for which the support is requested: Starting Month & Year Ending Month & Year 2. How many people will the programs described in this proposal serve? 3. How many people were served last year? 4. If you have a facility, what is its name/location? Accessible to persons with disabilities? es or no)? 5. What is the seating capacity of your facility? 6. How long has the applicant existed? 7. What geographical areas does the applicant serve? 8. Does the applicant currently receive Hotel Occupancy Funding? 9. What amount of funding was received last ear? 10. What percentage of the current budget is provided by the Hotel Occupancy Fund? 11. Does the applicant carry general liability insurance? If so, what are the limits? Will the City of The Colony be added as an additional insured? -19- C. Applicant Income/Expense Statement Yearly Comparison and Proposal Request: Arts Applicant: Amount Requested $ Date of Applicant's Fiscal Year (Month/Year) to Previous Fiscal Year Actual Figure Total Income Total Expenses Current Fiscal Year Approved Budget Upcoming Fiscal Year Projected Budget CASH RESOURCES BUDGETED AMOUNT CASH RESOURCES Past Current Projected (Actual) (Budgeted) (Proposal) A. Earned Income Box office receipts and season tickets Concessions, promotional sales, advertisers, etc. Interest on investments, endowments Other earned income B. Unearned Income: Government Support City of The Colony Hotel Occupancy Tax Funding Other (explain:) C. Unearned Income: Private Support Fundraising and benefits Individual contributors and sponsors Memberships Corporate contributions General donations Other (explain:) (Cash Reserve) Total Revenue Provide a narrative explanation for each line item: • Increase or decrease from the previous year • Any new line item not previously funded with Hotel Occupancy funds -20- B. Cont'd. Cash Resources EXPENDITURES Past Current Projected A. Fees for Outside Professionals Administrative Artistic Technical Other (explain:) B. Rentals Performance/rehearsal space (Chairs) Scripts/ scores, etc. C. Miscellaneous Operating Expenses Equipment rental (P.O. Box) Shipping & mailing Supplies & materials Marketing & promotion Printing Professional fees & dues D. Production or Exhibit Costs E. Fundraising Expenses F. Other Expenses (explain:)Cash Reserve G. Debt Reduction H. Capital Expenditures/Acquisitions Total Expenses Provide a narrative explanation for each line item: -21- • Increase or decrease from the previous year • Any new line item not previously funded with Hotel Occupancy funds D. Assurances: If financial assistance is awarded, the applicant hereby gives assurance to the City of The Colony and the Cultural Arts Board that: 1. An authorized official of has read, understands and applicant agrees to conform to the intent outlined in the agreement between the City of The Colony and the Cultural Arts Board. 2. The activities and services for which financial assistance is sought will be administered by the applying recipient applicant and quarterly financial reporting will be provided to the CAB. 3. Any funds received, as a result of this application will be maintained in a separate account and used solely for the program described. 4. It is understood by the applicant that the City or the CAB shall have the ability to audit the applicants financial records at any time requested. S. The undersigned has been duly authorized by the applicant to submit this application. I certify that all information contained in this application, including all attachments and supporting materials, is true and correct to the best of my knowledge. Signature of Authorized Official Name of Applicant/Applicant: Physical address of Authorized Official: City State Zip Title within the Applicant: Telephone # -22- E. Board Information (if applicable): 1. Number of current board members: Number of current board vacancies: 2. How are board members selected? 3. What board training and orientation is offered and when? 4. Which portion of the board is elected annually? How long is a term? How many consecutive terms may be served? How many consecutive years can a board member serve as chairman of the board? 5. List the positions that serve on the executive committee: 6. When are officers elected? When do they take office? 7. List the board committees and the number of people on each committee: 8. Are board meetings open to the public? (Circle one) YES NO -23- 9. When and where are the meetings held? 10. Is notice of the meetings published? (Circle one) YES NO 11. Are board meeting minutes available for public review? (Circle one) YES NO 12. What has been the number of voting members in attendance at regular Board meetings? Past Current Average Board Attendance Annual Meeting Attendance F. Required Attachments: 1. List of current and immediate past officers, members of the Board of Directors, addresses, and phone numbers. 2. Minutes of board meeting indicating the Board of Directors authorization of submission of the application, if applicable. 3. Most current IRS form 990 for the applicant, if applicable. 4. A copy of Certificate of Insurance showing the City as an additional insured. 5. Any supporting documents pertinent to the applicant such as: (only one copy) -Programs -Press Releases -Advertising -Critical Reviews -Letters of Support -24- VIII CAB RECIPIENT ORGANIZATION CITY OF THE COLONY HOTEL OCCUPANCY TAX Event Reporting Form Recipient Applicant: Contact Person: Telephone Number: Funding amount $ Program Activities/Events for which Hotel Tax Funds were applied: INCOME AND DISBURSEMENTS INCOME DETAIL Deposit Date Amount Description of Income Source DISBURSEMENT DETAIL Check # Date Payee Amount Nature of Expenditure Signature of Treasurer Date: - 25 - II DISBURSEMENT DETAIL Continued II -26-