HomeMy WebLinkAboutResolution 015-16RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Resolution No.
15 -16
Passed , 20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ADDEN &UM TO THE PREVIOUSLY EXECUTED AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE DUBLIN ARTS COUNCIL
WHEREAS, the City of Dublin and the Dublin Arts Council have consistently
cooperated to provide cultural and artistic opportunities for the citizens and visitors of
the City; and
WHEREAS, the City of Dublin and the Dublin Arts Council have agreed that the City
will provide the Dublin Arts Council with funding to further the non - profit's activities,
programs and services it provides for the benefit of the citizens and the visitors to the
City; and
WHEREAS, the commitments of the parties are commemorated in an agreement,
which was last amended in 201-2; and
WHEREAS, the parties have revisited the agreement based upon the needs and goals
of each party; and
WHEREAS, under the agreement, the City provides a funding endowment to the
Dublin Arts Council equal to 25% of the projected Hotel /Motel Tax for the City of
Dublin; and
WHEREAS, the parties desire to amend that funding requirement so that the City of
Dublin will now provide a funding endowment to the Dublin Arts Council equal to 25%
of the actual Hotel /Motel Tax collected for the City of Dublin.
N0W, REFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, of the elected members concurring that:
Section 1. The City Manager is hereby authorized to execute the attached addendum
to the previously executed agreement between the City of Dublin and the Dublin Arts
Council, which amends the Funding Endowment.
Section 2. This Resolution shall take effect and be in force in accordance with
Section 4.04(x) of the Revised Charter.
Pass / this -p7fi% d�i /_, _dj'*01�j , 2016
Mayor — PrWding OWcer
ATTEST:
Clerk of Council
Office of the City Manager
5100 Emerald Parkway* Dublin,, OH 43017-1090
Uityof Dubli n Phone-, 614-410-4400,o Fax: 614-410-4490
Cit
Members of Dublin City Council
Fromm
Dana L. McDaniel, City Mana
Date'n March 3
It r 2016
n ffiated By: Angel L. Mumma, Director of Financd
Re: Resolution 15-16 — Addendum to the agreement between the City of Dublin and
the Dublin Arts Council
Resolution 15-16 authorizes the City Manager to execute an addendum to the existing
agreement between the City of Dublin and the Dublin Arts Council (DAC).
The addendum modifies the funding endowment language to provide the DAC with 25% of
the actual Hotel/Motel Tax collected by the City.
Approval of Resolution 15-16 at the March 7 City Council meeting will allow the DAC to receive
their March distribution (of the January 2016 receipts) at the 25% level. Attached for
Council"s review is a reaiined version of the addendum.
TZ
Staff recommends that City Council approve Resolution 15-16 at the March 7, 2016 meeting.
ADDENDUM
This Addendum to the Agreement between the City of Dublin and the Dublin Arts Council,
( "Agreement "), is made and entered into on this day of , 2016 by and between
the City of Dublin ( "Dublin "), an Ohio municipal corporation, and the Dublin Arts Council
( "DAC "), a non - profit 501(c)(3)corporation. Dublin and the DAC are hereinafter collectively
referred to as the Parties.
In the event of a conflict between the language or intent of this Addendum and any attached
or supporting documents, including the Agreement, the terms and conditions of this Addendum
shall control.
Background Information
WHEREAS, in 2012, the Parties entered into the Agreement to provide cultural and artistic
opportunities for citizens and visitors of Dublin and to provide funding commitments by Dublin
to the DAC;
WHEREAS, under the terms of the Agreement, Dublin was responsible for funding an
endowment for the DAC in an amount equal to 25% of the projected Hotel/Motel Tax for the City
of Dublin;
WHEREAS, also under the terms of the Agreement, an exhibit (Exhibit A) was attached
that listed the projected Hotel/Motel tax estimates from 2009 -2026;
WHEREAS, the DAC has requested, and Dublin agrees, to modify the funding
arrangement so that Dublin will now be responsible for funding an endowment for the DAC in an
amount equal to 25% of the actual Hotel /Motel Tax collected by Dublin.
Agreement
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
which are hereby acknowledged, the Parties agree to the foregoing background information and as
follows:
1. Section 1 of the Agreement is hereby revised as follows:
1. FUNDING ENDOWMENT. For and in support of DAC's non - profit
activities and the programs and services it provides for the benefit of the citizens
and visitors of the City, the City shall, subject to the availability of funds and
approval of the then existing Dublin City Council and all necessary municipal
authorities, pay to DAC an amount equal to twenty -five percent (25 %) of the actual
pfejec4ed Hotel/Motel Tax fer-collected by the City of Dublin, Ohio as setfefth i
14-14:w4 n 4 414:, n gFee. ei4 (the "Endowment "). T.. 414. .444 4144 414. ,....,,.l
nRannwRanryemaes :m ewe w M =�� mmmmm m■ ll__m;Reeass"eess�
14i# l /T 444pl T-a* as ,.,.t 4)44 :« 4:4444 n The Endowment may be used by DAC
for its general operating purposes and shall be used as more specifically set forth
herein.
IL Exhibit A is hereby deleted in its entirety as follows:
III. The Parties acknowledge that the endowment funding provided for in this
Addendum could result in funding levels that are lower than or higher than the
guaranteed payment under the previous funding commitment set forth under the
Agreement.
IV. The remainder of the terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the
day of
_ T
'®
III. The Parties acknowledge that the endowment funding provided for in this
Addendum could result in funding levels that are lower than or higher than the
guaranteed payment under the previous funding commitment set forth under the
Agreement.
IV. The remainder of the terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the Parties have executed this Addendum as of the
day of
CITY OF DUBLIN, OHIO DUBLIN ARTS COUNCIL
Dana L. McDaniel
0127206.0607934 4848 - 7227- 3966v1