RESOLUTION NO

Transcription

1 EXHIBIT Page of 0 RESOLUTION NO. 0- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD CULTURAL COUNCIL'S INCENTIVES (GRANTS) PROGRAMS AND ELIGIBILITY REQUIREMENTS, AMENDING SECTIONS. THROUGH. OF THE BROWARD COUNTY ADMINISTRATIVE CODE ("ADMIN CODE"); CREATING A NEW CULTURAL FESTIVAL PROGRAM CATEGORY IN SECTION.; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE ADMIN CODE, AND AN EFFECTIVE DATE. WHEREAS, the Cultural Division and the Cultural Council recommend that the Broward County Administrative Code ("Administrative Code") be amended to add a cultural festival program to the cultural incentives (grants) programs; and WHEREAS, administrative revisions are also recommended to the general requirements for such programs; and WHEREAS, the Board of County Commissioners of Broward County, Florida ("Board"), desires to amend the Administrative Code to provide for a cultural festival program and to make the requested revisions, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: Section. amended to read as follows: Section. of the Broward County Administrative Code is hereby.. General Information. a. Definitions: For purposes of this section,

2 EXHIBIT Page of. "arts and culture" means Arts and culture: Any and all cultural disciplines, which include, but are not limited to: music; dance; drama; theater programs; films; festivals; creative writing; literature; architecture; painting; sculpture; folk arts; photography; crafts; public media; history, archeology, and natural sciences museums; and the execution and exhibition of other such allied, and major cultural art forms, including interdisciplinary and multidisciplinary work, i.e., creating connections between disciplines or combining disciplines.. Award programs: The two award programs consist of an operating award program and a project award program described in more detail as follows: 0 (a) (b) Operating award program: A program for the provision of County funds to assist and support the applicant with reimbursable eligible general programming expenses for a specified period, i.e., providing general financial support for sustainability of a regular season of program activities, and exclusive of a project support award described below. Panel review of each application shall be comprehensive and shall encompass review of all activities conducted by the applicant. Project award program: A program for the provision of County funds to assist and support the applicant with reimbursable eligible expenses associated with a specific cultural program, activity, facility, event, or performance for a specified date or time frame i.e., providing specific financial support for a project's specific expenditures, exclusive of an operating award described above.

3 EXHIBIT Page of 0 Panel review of each application shall encompass review of the proposed project to be conducted by the applicant.. Consortium: An agreement, combination, or group (such as companies, municipalities, or other entities) formed to undertake a project or an enterprise, beyond the resources of any one () member.. Creative industries: A range of economic activities that is concerned with the generation of knowledge and information arising from creative cultural arts activities, or intellectual property through which ideas are transformed into cultural goods and services in Broward County.. Cultural art districts: A well-recognized, labeled, and mixed-use area, or art-walk, in which a high concentration of cultural facilities or services serves as an anchor of attraction for tourists and visitors, or cultural identity for residents and individuals in Broward County.. Fiscal year: Whenever the term "fiscal year," "County's fiscal year," or "year" is used in Sections. through., it shall mean the County's fiscal year which commences on October of each year and ends on September 0 of the following year.. Program application limit: An applicant may submit only one () application for each program and is restricted to the application limits in Sections. through. and the applicable program. b. There are ten () eleven () categories of incentive programs provided through the Broward Cultural Council ("Council"), as follows.:. Cultural Investment Program - an operating award program.. Cultural Tourism Program - a project award program.

4 EXHIBIT Page of. Cultural Institution Program - an operating award program.. Creative Investment Program - a project award program.. Regional Investment Program - an operating award program.. Cultural Diversity Program - an operating award program.. Community Arts Education Partnerships - a project award program.. Cultural Planning and Facilities Program - a project award program.. Creative Place Making Program - a project award program.. Tourist Development Tax Capital Challenge Grant Program - a project award program.. Cultural Festival Program - a project award program.... Section. Section. of the Broward County Administrative Code is hereby 0 amended to read as follows:.. General Eligibility Requirements.... b. Other requirements:.... An incentive applicant shall not submit applications for more than two () incentive programs in any one () County fiscal year (as "fiscal year" is defined in Section.) and shall be limited to submitting one () program incentive application (as defined in Section.), one () Cultural Tourism Program application, and one () Cultural Planning and Facilities Program application, subject to meeting the eligibility requirements. Participation in a Cultural Tourism Program consortium

5 EXHIBIT Page of application counts as an application for that program. For each County fiscal year, an incentive applicant shall meet the additional eligibility requirements provided in the specific programming category in Section. and restrictions in Section., including restrictions on the number of incentive applications. Section. Under Section. of the Broward County Administrative Code, a new category "Cultural Festival Program" is hereby created to read as follows:.. Specific Program Eligibility Requirements. [Underlining omitted] k. Cultural Festival Program.. Who May Apply: A public entity or a nonprofit organization which has been operational in its cultural discipline(s) for a minimum of two () uninterrupted years immediately preceding the date of application and which meets the following qualifications: 0 (a) A nonprofit organization: () With a cultural primary mission; () With a governing board that meets regularly in Broward County and operates under a set of bylaws. At least fifty percent (0%) of its governing board's members shall be existing or new resident(s) of Broward County at the time of submittal of the application in order to ensure that the best

6 EXHIBIT Page of (b) interests of the Broward County community will be taken into consideration by such members; () With a principal office address in Broward County, as recorded in the Secretary of State's Office; () With tax-exempt status under Section 0(c)() of the Internal Revenue Code; () Which has previously presented at least one () festival program that included exhibitions, programs, events, or performances which were open to the general public; and () Which has previously received support through subscriptions, memberships, earned income, or planned fund raising. A public entity which is a municipality, a state government agency, a political subdivision of the State of Florida located primarily in Broward County, or a sovereign native American nation, i.e., a federally recognized native American Indian tribe. 0. What May Be Funded: Reimbursable project expenses associated with providing funding for exhibitions, performances, or other cultural festival-related activities which are open to the general public.. Additional Funding Considerations: (a) All cultural programming activities funded by the County shall be of high artistic quality and contribute to creating an authentic cultural

7 EXHIBIT Page of 0 (b) identity for the neighborhoods and municipalities throughout Broward County. The Council's peer review panel will give greater funding consideration to: () Projects that demonstrate historical and diverse cultural heritage and local specific cultural arts activities. () Projects that are part of, or promote, the creative industries or the cultural arts districts. () Projects that contribute to the development of a signature event that can be held annually, biennially (every two years), semiannually (every six months), or periodically (from time to time). () Projects that attract participation in the arts by visitors and residents. () Projects that celebrate local cultural arts traditions. () Projects that have a specific marketing strategy. () Projects that can demonstrate that the funds will be used to develop and nurture high quality festival projects for subsequent festivals in future years. () Projects that can demonstrate that any net funds earned from festivals will be placed back into the applicant's festival operating budget to be used by the applicant for subsequent festivals in future years.

8 EXHIBIT Page of 0 (c) () Projects that can successfully demonstrate that the applicant has a viable three () year plan for enhancing and growing the festival submitted in the application proposal. Applicant shall update this plan in any subsequent year's application to the program. () Projects that are not first-year festival projects. All applicants must have completed at least one () successful festival project (that is, an event project similar in artistic program content, scale, and budget as the proposed project) within the last two () years immediately preceding the date of submittal of an incentive application under this program. A festival project may be funded which: () Is a cultural event of short duration (measured in days), bearing the same format or theme and offered by the same organization (or consortium of eligible organizations or entities) from year to year or from time to time, typically a large outdoor event (including covered or uncovered amphitheater) staged in a public place or at an area in Broward County (such as an indoor or outdoor venue), and is open to the general public; () May take place on a single day, or over a series of days, and shall comprise at least four () hours of consecutive programming;

9 EXHIBIT Page of () Includes components that allow for audience participation and immersion in an artistic and programmatic focus in cultural arts, interdisciplinary and multidisciplinary arts, media, science, history, diverse cultural heritage, creative industries, and cultural art districts (as described in Section.); and () Includes the involvement of multiple community organizations, presenters, performance groups, or individual artists.. Request - Award Size: 0 (a) (b) (c) (d) (e) The Council shall decide the amount of the award subject to the availability of County funds preapproved by the Board for the program. The applicant shall commit to providing a cash match of one dollar for each dollar awarded by the Council. In-kind services or in-kind items will not be allowed for complying with the cash match requirements. The applicant may request no more than fifty percent (0%) of its anticipated total festival projected revenues for the application. Participation as a consortium shall be indicated on the commitment letters from each participating organization of the consortium provided with the application. Such commitment letters shall, at a minimum, include the requested amount, plus source of funds and amount of cash match. The lead applicant and the participating

10 EXHIBIT Page of organization(s) of the consortium will each contract with the County for funding awarded to each applicant.. Review Criteria. The Council's review panel scores each applicant and assigns points to each criterion (subject to the total points stated in Section.) based on the following: 0 (a) Cultural Merit: () The artistic and cultural significance, creativity, and quality of the organization's cultural arts or festival-related programs. () Reputation as established through prior cultural arts or festival-related programs presented in Broward County. () The qualifications of professional artistic personnel involved in the organization's festival project. () The project's ability to contribute to the cultural development of festivals in Broward County. () Evidence that the festival's programming choices are continually updated by mission, vision, and artistic or programmatic philosophy; takes into consideration its constituencies; and sufficiently describes how the festival's program quality is an institutional priority of the organization. () Evidence that the festival includes components that allow for audience participation or immersion around a programmatic focus.

11 EXHIBIT Page of 0 (b) (c) Organizational Merit: () Evidence of the most recently completed organization's fiscal year operating budget and future operating resources showing that the feasibility of the proposed budget is consistent with past performance, trends, and organizational capabilities. () Qualifications of the organization's key staff and volunteers. () Evidence of the organization's board involvement in sound financial management, planning, effective governance, fund raising, and policy development. () Evidence of the organization's board-approved collaborations, trustee-approved collaborations, or formal alliances with local cultural organizations or other community organizations. () The organization's need for project funding. () The organization's goals for the festival and the anticipated impact of the festival on the Broward County community. Civic Engagement Merit: () Evidence showing the organization's commitment to sustaining and advancing culture in Broward County by making more accessible and available its programs to a wider and more diverse audience, including marketing to diverse and underserved groups.

12 EXHIBIT Page of () Evidence that the organization will provide an effective project advertising and promotional plan, and has a marketing strategy for the festival project. () Evidence that the project enhances Broward County as a tourist destination within local and regional markets (meaning at a minimum Broward, Miami-Dade, and Palm Beach counties), and will enhance, encourage, and promote cultural tourism patronage in Broward County. () Evidence that the organization is an active participant in the local cultural sector, networks, and professional affiliations. () Evidence that programs are achieving a wider and more diverse audience, resulting in connections among Broward County's residents, communities, creative industries, or cultural arts districts.. How to Apply: 0 (a) (b) Section. Complete and submit the online application form on or before October ; January ; April ; or July, subject to Sections.,., and.. Additional funding restrictions, time schedule, submission dates, and application information are contained in Section., General Incentive Program Information. Section. of the Broward County Administrative Code is hereby amended to read as follows:

13 EXHIBIT Page of.. General Incentive Program Information. a. General Restrictions: Applicant organizations may apply for any incentive program for which the organization is eligible but may submit only one () application for each program including for the Creative Investment Program and the Community Arts Education Partnerships. Whenever the term "County's fiscal year" or "fiscal year" is 0 used in Section., Section., or Section. herein, it shall mean the County's fiscal year which commences on October of each year and ends on September 0 of the following year. Creative Investment (Creative Cultural project) organizational recipients may be awarded no more than one () award for a total not to exceed $,000 during a fiscal year. Creative Entrepreneur project individual Browardbased artist recipient may be awarded no more than one () award for a total not to exceed $,000 during a fiscal year.. Each incentive application is restricted to the provisions contained in the specific incentive program category in Section. and other eligibility restrictions contained in Sections.,., and... In the application(s) submitted by an eligible applicant, funds requested, or obtained, from any of the operating award programs or the project award programs shall not be used by the applicant to fund or support an identical cultural program, event, service, or activity.. Each fiscal year, an applicant organization (including nonprofit, public entity, or sovereign native American nation, i.e., a federally recognized native American Indian tribe) or individual applicant may apply for any incentive program for which the organization or individual is eligible but may submit only one () application for each program.

14 EXHIBIT Page of. A consortium or an alliance of organizations may apply for the Cultural Festival Program or the Cultural Tourism Program; however, all members of the consortium or alliance shall meet all eligibility requirements. One () organization shall be the lead applicant. An applicant's participation either as the lead applicant or participating member applicant in a consortium application or alliance of organizations shall count as an application toward that program's application limit.. Each fiscal year, subject to meeting the eligibility incentive application requirements, an eligible organizational applicant and an eligible individual Broward-based artist shall be limited to submitting one () project award program application to the Creative Investment Program as authorized in Section... Each fiscal year, subject to meeting the eligibility incentive application requirements, an eligible applicant shall be limited to submitting one () project award program application to the Community Arts Education Partnerships program, subject to any additional restrictions contained in that program.. Each fiscal year, subject to meeting the eligibility incentive application requirements, an eligible applicant shall be limited to submitting: 0 (a) One () program incentive application from one () of the operating award programs (as described in Section.); and (b) One () program incentive application from one () of three () project award programs (as described in Section.) as

15 EXHIBIT Page of 0 follows: the Cultural Tourism Program, the Community Arts Education Partnerships, or the Cultural Festival Program.. Each fiscal year, subject to meeting the eligibility requirements, and regardless of the program application limits stated above in this section or in the individual program in Section., an eligible applicant may also submit one () program incentive application to the Cultural Planning and Facilities Program, the Creative Place Making Program, or to the Tourist Development Tax Capital Challenge Grant Program. d. Deadlines: It is the applicant's responsibility to have applications and supporting material completed as of the deadline date. Late or incomplete applications are ineligible for review except as otherwise specifically provided in Section. herein this section. All materials submitted with the application will not be returned.. Hand delivered applications: If the application deadline falls on a weekend or holiday, applications are due in the Cultural Division before :0 p.m. the following business day.. Applications submitted by mail: All application materials submitted by mail must be postmarked on or before the deadline date. Proof of mailing date is required.. Applications shall be filed electronically on-line online: Any application filed electronically on-line online shall be filed by midnight : p.m. on the date of the deadline listed as described by for each program. If such deadline falls on a Saturday or Sunday, the deadline shall automatically become midnight : p.m. of the following Monday., except if that Monday or If the deadline falls on a Broward County, State of

16 EXHIBIT Page of 0 Florida, or national (federal) holiday, the deadline will become midnight : p.m. of the following business day. e. Review Process:. The Council makes all Iincentive Aaward recommendations to the Board for all programs except the Creative Investment Program and, the Creative Place Making pprogram, and the Cultural Festival Program. The Council is authorized to approve awards for the Creative Investment Program and, the Creative Place Making Program, and the Cultural Festival Program awards which comply with these guidelines and for which funds are available and preapproved by the Board for the respective program(s).. After all applications have been considered by the Council and the recommended awardees have been selected by the Council, a list of the recommended awardees (other than Creative Investment Program and Creative Place Making Program awardees) shall be submitted to the Board for approval (excluding the recommended awardees for the Creative Investment Program, Creative Place Making Program, and the Cultural Festival Program awardees). Such The list of recommended awardees shall include the entity to receive the funding and the amount of the funding funds being received by each entity. f. Form Agreements:. Once the Board has approved the list of recommended awardees (excluding the recommended awardees for the Creative Investment

17 EXHIBIT Page of Program's or, the Creative Place Making Program's awardees, and the Cultural Festival Program) or the Council has approved the list of recommended awardees for the Creative Investment Program's or, Creative Place Making Program's awardees, or the Cultural Festival Program, the County Administrator is authorized to execute a form agreement with the parties on behalf of Broward County. Such form agreement(s) must be have been previously approved by the Board for this purpose. The provisions of the Broward County Administrative Code, Chapter, Part IV, "Cultural Incentive Programs," Section.0, "Approved Standard Agreements," and the provisions of Section., "Execution by County Administrator," shall be applicable to the form agreement(s) mentioned in Section.(f) herein this section. Section. SEVERABILITY. 0 If any portion of this Resolution is determined by any Court to be invalid, the invalid portion shall be stricken, and such striking shall not affect the validity of the remainder of this Resolution. If any Court determines that this Resolution, or any portion hereof, cannot be legally applied to any individual(s), group(s), entity(ies), property(ies), or circumstance(s), such determination shall not affect the applicability hereof to any other individual, group, entity, property, or circumstance. Section. INCLUSION IN THE ADMINISTRATIVE CODE. It is the intention of the Board of County Commissioners that the provisions of this Resolution shall become and be made a part of the Broward County Administrative Code; and that the sections of this Resolution be renumbered or relettered and the word

18 EXHIBIT Page of "resolution" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section. EFFECTIVE DATE. This Resolution shall become effective upon adoption. ADOPTED this day of, 0. Approved as to form and legal sufficiency: Joni Armstrong Coffey, County Attorney By /s/andrea S. Froome 0/0/ Andrea S. Froome (Date) Senior Assistant County Attorney 0 ASF:dp 0/0/ Cultural Festival.R0 #-00 #-0