HomeMy WebLinkAboutContract 45113 CITY SECRETARY
CONTRACT NO,
AGREEMENT FOR SERVICES
THIS AGREEMENT FOR SERVICES (^Amremnment^\ is made and entered into by and between
THE CITY[]F FORT VV��F�TH' a home rule municipal co/ponad' nof the State of Texas(hereinafter referred
to as ^Qhy^), acting by and through its duly authorized Assistant City Manager, and ARTS COUNCIL OF
FORT WORTH AND TARRANT COUNTY, INC., a Texas non-profit corporation (hereinafter referred to as
"Contmmutmr"). acting by and through its duly authorized President.
RECITALS
WHEREAS, Contractor administers the Neighborhood Arts Program and the Grants Program for the Arts
to provide the funding and leadership to stimulate and ensure the advancement uf the Arts throughout the
entire community; and
WHEREAS, such services serve a public purpose in promoting artistic and cultural activities which benefit
the Fort Worth community; and
WHEREAS, City and Contractor desire to enter into a contract to have such services provided which benefit
the Fort Worth community through the support of the various organizations including Artes de la Rosa and
the Community Arts Center.
NOW, THEF{EFQRE, in consideration of the mutual covenants herein mxpreused, the parties agree as
follows:
AGREEMENT
1. SCOPE OF SERVICES.
Contractor covenants and agrees to fully perform, or cause to be performed, with good faith
and due di|igonce, all oen/ioma and objectives described in Exhibit 'A" attached and incorporated herein
for all purposes incident to this Agreement ("Servioem").
2. COMPENSATION.
a. In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to
pay Contractor in one installment the sum of One K4iUion, Three Hundred Fifty Thousand Dollars
($1.360.000.00) ("Funds") provided, however, that these funds shall be expended solely for arts
programming (exhibitions, installations, performnunome, omnoertu, etc.) within the City. For Fiscal
Year 2014, Contractor shall distribute these funds amfollows:
ITEM AMOUNT
Grant Program Funding $1,100,000.00
Management of Community Arts Center 200,000.00
Management of Rose Marine Theater (Artes cle la Rosa 50000.00
TOTAL $1,350,000.*
b. Contractor shall receive direct payment in the amount of$1.10O.0O0.00. at least$1.U5O.00OD0ofwhich
is to be distributed by Contractor via grants to other organizations that are to be oe|ootod by Contractor in
accordance with the terms of this Agreement and in the exercise of Contractor's reasonable discretion. The
organizations selected by Contractor and those |iohsd in the chart above shall be referred to herein as
"Recipients." Recipients of grants shall be selected through a competitive grant process as outlined in
Exhibit C. A minimum of 25%of the designated Grant Program Funding shall be allocated to Neighborhood
Arts Grants. With the exception of Neighborhood Ara Granto, all grants greater than $10'000.00 will be
distributed in quarterly installments payable in February, May, August, and November 2014 while grants of
$10.000.00 or less will be payable in one lump sum in February 2014. Neighborhood Ado Grants will be
payable in two poymenta, regardless of the amount ofthe grant, with the fir nty-
Agreement for Services-CFw/Ails Council FY20|* _ of 13
five percent(75%)of the grant award and being payable on execution of the grant contract and the second
Payment equaling twenty-five percent (25%) of the grant award and being payable following completion of
the project and submission ofa final report.
n. For Fiscal Year 2014, Contractor may use up to $50.00U.00Ofthe Grant Pn3gr@rO Funding
toward the production of an update to the 2002 Arts and Cultural F»|3O for Greater Fort Worth,
prox\dmd, however that /(\ o representative from the City of Fort Worth's Planning and
Development Department shall be included in the executive steering COrnnliitee or similar
oversight body for the plan update and (ii) matching private funds must be Contributed toward the
update on a rob0 of at least one-to-one. The actual amount of Grant PnDg[8Dl Funding Used for
the update 8h8\i be limited to the lesser of (i) $50.000.00 or (ii) the amount Of private funds
contributed to the update. . The Fort Worth City Council shall have final authority and sole
discretion in determining whether to incorporate the updated Arts and CU|iurG| Fz|aD into the Fort
Worth Comprehensive F`|aD. TO the extent the $50.000.80 in Grant Program Funding is not used
iovV8nd the plan update, 1h8a8 funds shall be distributed by Contractor to Recipients.
d. The City shall disburse to Contractor total of$25O'OOO.OU for management of the City-owned
facilities hn0vvn as the Community Arts Center and the Rose Marine Theater. Of this amount,
Contractor shall retain $200,000.00 for its management of the Community Arts Center. Contractor
shall distribute the r8Dlo\nin0 $50,000.00 toArtes de \a Rosa for its management Dfthe Rose
Marine Theater. Contractor shall make the distribution tOArteSde \a Rosa in December 2O}3o[
as soon os funds are made available from the City.
3. REPORTING OF EXPENDITURES.
a. Contractor shall deliver to the City's Budget Office g quarterly statement of the receipts and
expenditures of Funds ("Quarterly Award Report") detailing how the Funds were expended by
Contractor itself and by each Recipient to accomplish performance ofthe Services. The quarterly
statement shall be in the same format on Section | of the attached Exhibit 1'113." which is
incorporated herein for all purposms, and each such Quarterly Award Report shall be attached
hereto, incorporated herein, and made a part of this Agreement for all purposes.
b. Each Quarterly Award Report must be prepared and signed by a Certified Public Accountant or
bye representative of the Contractor who has received the Training for City of Fort Worth Fund
Recipients:Reporting Requirements and Financial Tools Required to Complete the Reports
("Fiscal Training")no later than December 31, 2013. If the Contractor deviates from this reporting
requirement, the Contractor will be considered in non-compliance with this Agreement.
o. Each Quarterly Award Report must be submitted to the City's Budget Office not later than the
15m day of the first month after the end of each quarter. Therefore, each respective Quarterly
Award Report must be submitted not later than January 15. 2014, April 15, 2814, July 15. 2014.
and October 15. 2014.
d. Any non-compliance by Contractor under Section 3 of this Agreement may jeopardize the
Contractor's ability to receive future funding from the City. In addition,failure to comply with Section
3 nr any other term of this Agreement, ino|uding, but not limited to, requirements regmrdiing location
of arts programming, may result in forfeiture of grant monies not yet disbursed and/or required
reimbursement of all monies awarded.
4. REPORTING OFSERVICES.
Not later than the 15th day of the first month after the end of each quarter, Contractor shall submit
to the City's Budget Office a report of Services for itself and each Recipient in the same format as Section
11 of the attached Exhibit"113,"which is incorporated herein for all purposes, and each such Quarterly Award
Report shall be attached hereto, incorporated herein, and made a part of this Agreement for all purposes.
Agreement for Services-crw/Ails Council rvzn|* Page zor/s
Therefore, each respective Quarterly Services Report must ha submitted not later than January 15. 2014.
April 16. 2O14, July 15, 2014. and October 15. 2014. Contractor and each Recipient shall be subject hoa
review bv the City of its services and activities in performance cf this Agreement.
5. TERM AND TERMINATION.
This Agreement shall be for a term beginning October 1, 2013 and ending September 30, 2014.
a. Either party may cancel this Agreement upon thirty(30)days' notice in writing to the other party
of such intent to terminate.
b. The Qty may terminate this Agreement immediately for any violation by Contractor nf Section
3, "Reporting of Expenditures" or Section 4, "Reporting of Services," above.
r. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for
any payments hmreunder. City will notify the Contractor nfsuch 000urnenoo, and this Agreement
shall terminate on the last day of the fiscal period for which appropriations were received without
penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein
agreed upon for which funds shall have been appropriated.
d. In the event of any termination under this Section 5, Contractor shall reimburse to City all Funds
that Contractor has received under this Agreement for purposes nf discretionary distribution but
that it not otherwise committed nr encumbered bycontract. Contractor shall include in its funding
contract with each Recipient, that in the event of any termination of this Agreement ora Recipient
contract, Recipient shall reimburse to the City all Funds that Recipient has received but that Khas
not otherwise committed or encumbered bycontract.
6. TRAINING.
The Chief Executive Officer, Executive Officer, nr Chief Financial Officer nf Contractor and of each
Recipient shall receive Fiscal Training no later than December 31, 2013, unless such individual successfully
completed such training during the thirty-six (38) months immediately preceding December 31, 2013.
Evidence of receipt of such hmin\ng, including attendance dcde(s), shall be submitted to the City's Budget
Office. Contractor and each Recipient shall be responsible for training its representatives at its own cost
and expense.
7. RIGHT TO KN{JN|T(}R SERVICES.
Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the
Services to be performed under this Agreement, and City shall have moresa at all reasonable hours to
offices and records of Contractor for the purpose of such monitoring. Contractor further agrees to include
in its agreement with each Recipient, that the Recipient agrees ho fully cooperate with the City inmonitoring
the effectiveness of the Services to be performed under this Agreement. and City shall have access at all
reasonable hours to offices and records of the Recipient for the purpose of such monitoring.
@. INDEPENDENT CONTRACTOR.
Contractor shall npomtn hereunder as an independent contractor and not as an oDGour, u8cot, servant, or
employee of City. Cnokuz,oc ubu|i have exclusive control of and the exclusive right to control the Jota6u of the
Services poc6000e6 hereunder and all persons pur6000iug same and sbu\i be aoLc}y responsible for the uota and
omissions of its oO5oom, agents, servants, emy|oyoeo, yo6uonuncmn/, and program participants. The doctrine of
ra4/onJ«o( superior shall riot apply as between the City and Contractor, its oBGooca' agcum' servants, employees,
subcontractors,o/program participants. Nothing herein shall be construed as creating u puuuocsbiporjoiot enterprise
between City and Contractor. It is expressly understood and agreed that no officer,agent,employee,or subcontractor
uf Contractor is in the paid service o[City.
Agreement for Services-cFw/Ails Council pY20|+ Page»o[|»
9. LIABILITY AND INDEMNIFICATION.
CITY SHALL IN NO WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY
PROPERTY BELONGING TO CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, PROGRAM PARTICIPANTS, OR RECIPIENTS THAT MAY BE LOST, STOLEN,
DESTROYED, OR IN ANY WAY DAMAGED. CONTRACTOR HEREBY AGREES TO INDEMNIFY AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS CONCERNING SUCH PROPERTY. CONTRACTOR COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE,
ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS, ACTIVITIES,AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED,IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS AGENTS SERVANTS
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NOW
PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE OF OFFICERS AGENTS SERVANTS EMPLOYEES CONTRACTORS OR
SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND
DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL
INJURY, DAMAGE, OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS„ MEMBERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, PROGRAM PARTICIPANTS,
OR RECIPIENTS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BYALLEGED NEGLIGENCE
OF OFFICERS AGENTS SERVANTS EMPLOYEES CONTRACTORS OR SUBCONTRACTORS OF
CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS,AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE,
OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY DEATH DAMAGE OR LOSS IS
CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE.
Contractor shall require all of its subcontractors and Recipients to include in their subcontracts a
release and indemnity in favor of City in substantially the same form as above.
This Section shall survive the expiration or termination of this Agreement.
10. MISAPPRORIATION OF FUNDS.
In the event it is determined that Contractor or any Recipient has misused, misapplied, or
misappropriated all or any part of the funds provided hereunder, Contractor agrees to indemnify, hold
harmless and defend the City of Fort Worth, its officers, agents, servants, and employees,from and against
any and all claims or suits resulting from such misuse, misapplication, or misappropriation.
11. CHARITABLE IMMUNITY.
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damage or injury, including death, to persons or
property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as
against the City.
Agreement for Services—CFW/Arts Council FY2014 Page 4 of 13
12� ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract all or any part of its rights, privileges, or duties under this
Agreement without the prior written consent of City, and any attempted assignment or subcontract of same
without such prior written approval shall be void and constitute a breach cf this Agreement.
13. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Contractor, its officers, agents, employees, and subcontractors shall abide by and comply with all
federal, state, and /000| /avva, including all nndinancee, nu|na, and regulations of City. It is agreed and
understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or
any of its officers, agents, employees, or subcontractors, then Contractor shall immediately desist from and
correct such violation.
14. NON'D|SCR|K8AJ|ON COVENANT.
Cont/actor, in the em*oution, parformanoe, or attempted performance of this contract and
Agrwement, will not discriminate against any person or persons because of disability, age, familial otatua,
omx, raoe, na|iqion, color or national ohgin, nor will Contractor permit its nfficem, agenta, emp|oyeoy, or
subcontractors ho engage in such discrimination. This Agreement is made and entered into with reference
specifically to Chapter 17, Article 111, Division 3, of the City Code of the City of Fort Worth ("Discrimination
in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agente,
emp|oynea, and subcontractors have h/Uy complied with all provisions of same and that no employee or
employee-applicant has been discriminated against by either Cnntrao(nr, its ogentu, emp|oyeeo, or
subcontractors.
15. INSURANCE.
Contractor shall procure and shall maintain during the term of this Agreement the following
insurance coverage:
1. : $1.080.008.80 per occurrence, with a
$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's Risk
Manager.
2 : $1.000.000.00
per occurrence, with $1,000,000.00 annual aggregate |imit, in ah>rm that is
acceptable(n the City's Risk Manager.
Contractor's insurer(s) must be authorized to do business in the State of Texas for the lines of insurance
coverage provided and be currently rated in terms of financial strength and solvency to the eaUahaodnn of
the City's Risk Manager.
Each insurance policy required herein shall be endorsed with a waiver of subrogation in favor of the City.
Each insurance policy required by this Agreement (except for policies of workers' compensation or
accident/medical insurance, if required)shall list the City as an additional insured. City shall have the right
tn revise insurance coverage requirements under this Agreement.
Contractor further agrees that it shall comply with the Texas Workers' Compensation Act and shall provide
sufficient compensation insurance to protect Contractor and City from and against any and all Workers'
Compensation claims arising from the work and services provided under this Agreement.
16. RIGHT TO AUDIT RECORDS.
Contractor agrees that the City shall, until the expiration of three(3)years after final payment under
this Agreement, have access to and the right toexamine, whether in hard copy nr electronic format, any
directly pertinent bnoKa, doouments, papero, and records of the Contractor involving transactions relating
to this Agreement. Contractor agrees that the City shall have access during normal working hours toall
Agreement for Set-vices-crw/Arts Council FvzV|4 Page so[/s
necessary Contractor facilities and ahoU be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions o(this section. The City shall give Contractor reasonable
advance notice of intended audits.
Contractor further agrees to include in all of its subcontractor and Recipient agreements hereunder
a provision to the effect that the subcontractor and/or the Recipient agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract or this Agn*ement, have acooaa to
and the right to examine,whether in hard copy or electronic format,any directly pertinent books,documents,
papers, and records of such subcontractor or Recipient involving transactions relating to the subcontract or
this Agreement, and further that City shall have access during normal working hours to all subcontractor or
Recipient facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor or Recipient reasonable
advance notice of intended audits.
This Section shall survive the expiration or termination nf this Agreement.
17. GOVERNING LAW AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws ofthe 8(otm of
Texas. Should any aciinn, whether n*o| or omaeded. at 1avv or in equity, ohae out of the exeouhon,
performance, nr attempted performance cf this Agreement, venue for said action shall lie in Tarrant County,
Texas.
18. NOTICES.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-delivery
or via U.G. Postal Service certified mail, postage prepaid, to the address of the other party shown below:
JmdyU|ioh
Budget Office President
City of Fort Worth Arts Council of Fort Worth &Tarrant County, Inc.
1O0OThnookmodonSt. 13O0GendyStreet
Fort Worth, Texas 78102 Fort Worth, Texas 781O7
/817> 382-850O (817) 732-23G0
19. NO WAIVER.
The failure of City or Contractor to insist upon the performance of any benn or provision of this
Agreement or to exercise any right conferred herein shall not be construed as a waiver or relinquishment
to any extent of City's or Contractor's right to assert or rely upon any such term or right on any future
occasion.
20. DISCLOSURE OFCONFLICTS AND CONFIDENTIAL INFORMATION.
Contractor hereby warrants to the City that Contractor has made full disclosure in wv}UnQ of any
existing orpotential conflicts of interest related to Contractor's services under this Agreement. In the
event that any conflicts of interest arise during the time in which this Agreement is in effect, Contractor
hereby agrees immediately ho make full disclosure ho the City inwriting,
Contraotor, for itself, its oMioens, agento, and emp|oyeen, further agrees that it shall treat all
information provided to it by the City ("City Information") as confidential and shall not disclose any such
information to a third party without the prior written approval of the City. Contractor shall store and
maintain C}h/ Information in a secure manner and shall not allow unauthorized users to ancess, modify,
delete, or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the
aeouhh/ or integrity of any City Information has been compromised or is believed to have been
compromised.
Agreement for Services-Cpw/Arts Council pvzow Page^of//
21. SEVERAB|LOFY.
If any provision of this Agreement is held to be inva|id, illegal, or unenforoeeNe. the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
22. FORCE k0AJEURE.
The City and Contractor ahsJ| exercise their best efforts to meet their respective duties and
obligations as se( forth in this Agreement. If either party is unab|e, either in vvhV|e or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, |ouknuts, or other industrial disturbances;
acts nf public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes;
fires; floods; restraints or prohibitions by any court, boord, depormant, commiosk>n, or agency of the
United States or of any state; deo|onaUnn of a state of disaster or of emergency by the fedorm|, state'
county, or City government in accordance with applicable law; issuance of Level {)range or Level Red
Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances;
or explosions; or some other reason beyond the party's reasonable control(each a"Force Majeure Event^).
the obligations so affected by such Force K8a/eure Event will be suspended only during the continuance of
such event.
23. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed e part of this Agreement,
24, REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement Vrany
exhibit hereto.
25. ENTIRETY OFAGREEMENT.
This written instrument(together with all exhibits and schedules attached hereto and incorporated
herein) constitutes the entire understanding of the parties hereto concerning the subject matter and
transaction addressed herein. Any prior orcontemporaneous, oral or written agreement that purports to
vary from the terms hereof shall be void.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Agreement for Services-CFv//Ails Council pYz0|4 Page 7wf/3
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth,
Tarrant County, Texas, to be effective October 1, 2013.
CITY OF FORT WORTH ARTS COUNCIL OF F T`'�WORTH AND
TARRANT NOUN ,
Sus n anis Jody Uli h
Assi to City Manager Preside
Date: Date:
TM
ATTEST: ATTEST:
M ry ay a Name:
flty Sec re Title:
t °jK
Date: Date:
APPROVED S TO FQRM AND LEGA TY:
Denis C. cElroy
Assistant City Att ey
CONTRACT AUTHORIZATION:
M&C: _. _ .-
Date Approved: October 22, 2013
OFFICIAL RECORD
CITY SEE"C Ir "
Fr.WORT141 TX
Agreement for Services—CFW 1 Arts Council FY2014 Page 8 of 13
STATE OF TEXAS §
COUNTY OFTARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, un this day
personally appeared Jody Ulich, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the Ads Council of Fort Worth and
Tarrant County, Inc. and that she executed the same as the act of said Arts Council of Fort Worth and
Tarrant County, Inc. for the purpose and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ay of A.D. 2013.
U DA M.HiPIRLINGER
M 0 X IRES '4
Y COMMISSION EXPIRES
Fobnjary2,2014 Notary Public in and for the StaQ of Texas
STATE QFTEXAS §
COUNTY OFTARRANT §
BEFORE K4E, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Susan A|anis, known tome to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER KAY HAND AND SEAL OFOFFICE this ayuf XD. 2813.
lJNDA M.HIRRLINGER 4otary�Pub?liinan� for the�St�te of'Texas
My COMMISSION EXPIRES
Agreement for Set-vices-CFW/Arts Counci I FY2014 Page vor13
EXHIBIT
Fiscal Year 2014
PROGRAM SERVICE ACTiviTIES
Administration and monitoring of contracts:
- Annual Goal—Administrative costs cfnn more than 25%
- Annual Audit—Annuo/ audit performed by an independent audit firm
o Report submitted tn City upon completion
- Produce education workshops for Arts Organizations within the City of Fort Worth
o One or more of the following topics - Nine-Ninety(Q00)CPA Training Workshops;
Preparation of Proper Financial Statements; Accounting and Bookkeeping for Non-Profits
(with emphasis on proper segregation of and accounting for organizational funds versus
personal funds); Grant Application and Compliance; Ethics of Non-Profits
Manage and Coordinate the arts grants program and contracts for cultural services
1. Provide for an 0pen, unbianed, and competitive grants prnCoaS.
2. Ensure proposed grant activities consist nf arts programming (exhibihona,
installations, performances, concerts, etc]within the City.
3. Ensure diversity on grants panels.
4. Require from Recipients, and provide tothe City Of Fort Worth, quarterly monitoring
of Recipients' gran( goals.
5. Ensure use of sound fiscal practices and encourage best practices throughout
Recipient organizations.
Act aea fiscal agent for the City Vf Fort Worth
o Provide pass-through funding to Recipients as directed by the City of Fort Worth pursuant to
Section 2 of this Agreement.
- Promote and credit the City of Fort Worth on o critical partner in funding for the ado.
1. Ensure the City of Fort Worth io credited \n printed materials
2. Promote and quantify the City of Fort Worth as a cultural destination to visitors
Audiences Served
Goal: Through contracts for cultural services with area arts organizations, make available a variety of
arts programming (*vnnk7, performances, exhibits, and the like) to residents of and visitors to the
City nf Fort Worth:
General Operations:
Number served annually: 150.000
Youth served annually: 70.000
Admitted free cf charge annually: 50Y6
Neighborhood Arts Program (outreach):
Number served annually 250.000
Youth served annually: 200.000
Number of presentation days: 70
Attendance drawn from Council districts: 8
Requirement: Collect attendance data from all Arts Council-funded organizations
Documentation: quarterly summary attendance reports for both General Operations
and NAP-funded programs.
(Suat Provide low-cost exhibit and education opportunities for artists and arts administrators/n the City:
Educational workshops presented annually 4
Community Arts Center Gallery and Theater Rental annually 300 days
Community Arts Center attendance annually 100.000
Agreement for Services-Crw/Ails C^""u.|rvzoi4 r^oe 10 or|3
Requirement: Collect usage data for all Arts Center-based events
- Documentation: Workshop satisfaction survey statistics
- Documentation: Quarterly Arts Center traffic statistics
Agreement for Services—CFW/Arts Council FY2014 Page 1 I of 13
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GRANTS PROGRAM DESCRIPTION
Grant funding shall be provided to eligible arts organizations through the following grant types:
General Operating Support
Provides unrestricted financial support for general and administrative costs.
-
Applicants must be physically located in Fort Worth, have Previous Year Earnings("PYE") of
$S0,O0O.00or greater, and at least 1 paid staff member.
Maximum potential awards are based on a percentage of PYE (5%for Major Organizations, 10-
15%for Mid-sized). Due to funding limits, awards rarely approach maximum eligible amounts.
General Project Support
Provides restricted financial support for a named project to be completed during the grant year.
Programming must take place in the city of Fort Worth.
Grants are limited to an $8,000.00 maximum amount, must not be more than 50%of project
budget, and require al:1 cash match.
Neighborhood Arts Program Project Support
Provides restricted financial support for programming in traditionally underserved areas of Fort
Worth(public schools, community centers, senior centers, etc.). Requests must consist ufa
named project tobe completed during the grant year. Please note: the majority ofNAP
programming focuses on presentations to youth in public schools. This focus is reflected inNAP
projections of Audience Served.
' There is no current maximum dollar limit for requests, but grant awards must not be more than
5O96of project budgetandrequirea1:lcashmatCh.
Mini Grants
- Provides restricted financial support for activities/costs not normally included in an
organization's operating budget (such as equipment purchases/technology upgrades, staff
travel/training, emergency situations, etc.).
Successful completion of a mini grant is required of each first-time applicant to the Arts Council.
' Mini grants are limited to $2,O0O.0Omaximum, require 1:1 cash match, and must not be more
than 5O%of project budget.
Agreement for Services-CFW/Ails Council FY2014 Page 13 of 13
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, October 22, 2013 REFERENCE NO.: C-26522
LOG NAME: 02ARTS COUNCIL FY2014
SUBJECT:
Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the
Amount of$1,350,000.00 from the General Fund to Promote Artistic and Cultural Activities for Fiscal Year
2014 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with the Arts Council of Fort
Worth and Tarrant County, Inc., in the amount of$1,350,000.00 from the General Fund to promote artistic
and cultural activities for Fiscal Year 2014.
DISCUSSION:
During the Fiscal Year 2014 budget process, the City Council approved financial support for the Arts
Council of Fort Worth and Tarrant County, Inc. (Arts Council), in the amount of$1,350,000.00 from the
General Fund. The information below captures the allocation on how these funds are to be distributed for
Fiscal Year 2014:
ITEM _ AMOUNT
m
Grant Program Funding 1 ,100,000.00
,Management of Community Arts Center $ 200,000.00
`Management of Rose Marine Theater (Artes de la Rosa) _...,.i$. 50,0 .:._... _w
00 A0
�TOTAL. $1,350,000 00
In order to streamline the allocation of funds to various organizations, the City of Fort Worth (City) partners
with the Arts Council to distribute funds, thus, the City will make a single payment in the amount of
$1,350,000.00 to the Arts Council.
This is the City's fifth year to partner with the Arts Council. The Arts Council will also use the funds in
support of the Neighborhood Arts Program and for grants that support general operating costs of art
agencies. These funds allow the Arts Council to continue to provide funding and leadership to stimulate
and ensure the advancement of arts via assistance to non-profit organizations in the City of Fort Worth.
The contract will include a requirement stating that these funds must be used for arts programming
(exhibitions, installations, performances, concerts, etc.)within the City. In turn, these projects enhance
the cultural and artistic life of the community.
This expense is budgeted in the General Fund; however, a reimbursement of$450,000.00 is anticipated
from interest earnings of the Gas Lease Trust Fund.
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Logname: 02ARTS COUNCIL FY2014 Page 1 of 2
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0906210 $1,350,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Alan Shuror (8505)
............ ..........--........... .....................
ATTACHMENTS
No attachments found.
Logname: 02ARTS COUNCIL FY2014 Page 2 of 2