HomeMy WebLinkAboutContract 47214 AGREEMENT FOR SERVICES
THIS AGREEMENT FOR SERVICES ("Agreement") is made and entered into by and between
TH8,,'CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (hereinafter
referred to as "City"), 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 "Contractor"), 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 of 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 Aries de la
Rosa and the Community Arts Center.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, 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 diligence, all services and objectives described in Exhibit "A," attached and incorporated herein
for all purposes incident to this Agreement ("Services").
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 Million, Three Hundred Seventy-Seven Thousand
Five Hundred Dollars ($1,377,500.00) ("Funds") provided, however, that these funds shall be
expended solely for arts programming (exhibitions, installations, performances, concerts, etc.)
Within the City. For Fiscal Year 2016, Contractor shall distribute these funds as follows:
ITEM AMOUNT
Grant Program Funding $1,127,500.00
Management of Community Arts Center 200,000.00
Management of Rose Marine Theater (Artes de la Rosa ) 50,000.00
TOTAL----�—____�_._------__.` 1,377,500.00
b. Contractor shall receive direct payment in the amount of$1,127,500.00, all of which is to be distributed
by Contractor via grants to other organizations that are to be selected 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 listed 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 Arts Grants, all grants greater than $10,000.00 will be
distributed in quarterly installments payable in January, April, July, and October 2016, while grants of
$10,000.00 or less will be payable in one lump sum in January 2016. Neighborhood Arts Grants will be
payable in two payments, regardless of the amount of the-.-grant, with the t,payment equaling seventy-
O pp 'I CIA ,
� Y
Agreement for Services—CFW/Arts Council FY2016 C"� l y ""; If,; �f AFtI, Page I of 12
FE YVORT
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 of a final report.
c. The City shall disburse to Contractor a total of $250,000.00 for management of the City-owned
facilities known 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 remaining $50,000.00 to Arles de la Rosa for its management of the Rose Marine Theater.
Contractor shall make the distribution to Arles de la Rosa in December 2015 or as soon as funds are
made available from the City.
3. REPORTING OF EXPENDITURES.
a. Contractor shall deliver to the City's Budget Office a 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 of the Services. The quarterly
statement shall be in the same format as Section I of the attached Exhibit "B," 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.
b. Each Quarterly Award Report must be prepared and signed by a Certified Public Accountant or
by a representative of the Contractor who has responsibility for maintaining Contractor's financial
accounts and records. If the Contractor deviates from this reporting requirement, the Contractor
will be considered in non-compliance with this Agreement.
c. Each Quarterly Award Report must be submitted to the City's Budget Office not later than the
15th 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, 2016, April 15, 2016, July 15, 2016,
and October 15, 2016.
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 or any other term of this Agreement, including, but not limited to, requirements
regarding location of arts programming, may result in forfeiture of grant monies not yet disbursed
and/or required reimbursement of all monies awarded.
4. REPORTING OF SERVICES.
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 II of the attached Exhibit "B," 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. Therefore, each respective Quarterly Services Report must be submitted not later than
January 15, 2016, April 15, 2016, July 15, 2016, and October 15, 2016. Contractor and each Recipient
shall be subject to a review by the City of its services and activities in performance of this Agreement.
5. TERM AND TERMINATION.
This Agreement shall be for a term beginning October 1, 2015 and ending September 30, 2016.
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 City may terminate this Agreement immediately for any violation by Contractor of Section
3, "Reporting of Expenditures" or Section 4, "Reporting of Services," above.
Agreement for Services—CFW/Arts Council FY2016 Page 2 of 12
c. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for
any payments hereunder, City will notify the Contractor of such occurrence, 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 of discretionary
distribution but that it not otherwise committed or encumbered by contract. Contractor shall
include in its funding contract with each Recipient, that in the event of any termination of this
Agreement or a Recipient contract, Recipient shall reimburse to the City all Funds that Recipient
has received but that it has not otherwise committed or encumbered by contract.
6. RIGHT TO MONITOR 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 access 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 to fully cooperate with the City in
monitoring 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.
7. INDEPENDENT CONTRACTOR.
Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control
the details of the Services performed hereunder and all persons performing same and shall be solely
responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors, and
program participants. The doctrine of respondent superior shall not apply as between the City and
Contractor, its officers, agents, servants, employees, subcontractors, or program participants. Nothing
herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is
expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the
paid service of City.
8. 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
Agreement for Services—CFW/Arts Council FY2016 Page 3 of 12
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 BY ALLEGED
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.
9. 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.
10. 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.
11. 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 of this Agreement.
12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Contractor, its officers, agents, employees, and subcontractors shall abide by and comply with all
federal, state, and local laws, including all ordinances, rules, 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.
13. NON-DISCRIMATION COVENANT.
Contractor, in the execution, performance, or attempted performance of this contract and
Agreement, will not discriminate against any person or persons because of disability, age, familial status,
sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees, or
subcontractors to engage in such discrimination. This Agreement is made and entered into with
reference specifically to Chapter 17, Article III, 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 agents, employees, and subcontractors have fully complied with all provisions of same and that no
Agreement for Services—CFW/Arts Council FY2016 Page 4 of 12
employee or employee-applicant has been discriminated against by either Contractor, its agents,
employees, or subcontractors.
14. INSURANCE.
Contractor shall procure and shall maintain during the term of this Agreement the following
insurance coverage:
1. Commercial General Liability (CGL): $1,000,000.00 per occurrence, with a
$2,000,000.00 annual aggregate limit, in a form that is acceptable to the City's
Risk Manager.
2. Non-Profit Organization Liability or Directors & Officers Liability: $1,000,000.00
per occurrence, with a $1,000,000.00 annual aggregate limit, in a form that is
acceptable to 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 satisfaction 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 to 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.
15. 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 to examine, whether in hard copy or electronic format,
any directly pertinent books, documents, papers, and records of the Contractor involving transactions
relating to this Agreement. Contractor agrees that the City shall have access during normal working
hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of 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 Agreement, have
access 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 of this Agreement.
16. GOVERNING LAW AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, or attempted performance of this Agreement, venue for said action shall lie in Tarrant
County, Texas.
Agreement for Services—CFW/Arts Council FY2016 Page 5 of 12
17. NOTICES.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown
below:
Financial Management Services Karen Wiley
Budget Office President
City of Fort Worth Arts Council of Fort Worth &Tarrant County, Inc.
1000 Throckmorton St. 1300 Gendy Street
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 392-8500 (817)298-3022
18. NO WAIVER.
The failure of City or Contractor to insist upon the performance of any term 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.
19. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any
existing or potential 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 to make full disclosure to the City in writing.
Contractor, for itself, its officers, agents, and employees, 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 City Information in a secure manner and shall not allow unauthorized users to access, modify,
delete, or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if
the security or integrity of any City Information has been compromised or is believed to have been
compromised.
20. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
21. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement. If either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial disturbances;
acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or
agency of the United States or of any state; declaration of a state of disaster or of emergency by the
federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange
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 Majeure Event will be suspended only
during the continuance of such event.
Agreement for Services—CFW/Arts Council FY2016 Page 6 of 12
22. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
23. 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 or any
exhibit hereto.
24. ENTIRETY OF AGREEMENT.
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 or contemporaneous, oral or written agreement that purports to
vary from the terms hereof shall be void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth,
Tarrant County, Texas, to be effective October 1, 2015.
CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND
d TARRANT COUNTY, INC.
i BF/
Fernando Costa Karen Wiley
Assistant City M nag r President
Date: Date: AxlaOg
ATTEST: ,. �` � ATTEST:
A ZA
r y r M � Name:
City S rIal ry w p Title:
f . ,..
Date: e� ��� C° Date:
APO'RO D A FARM AND L LITY:
S
Denis CN6LIr6y
Assistant'City Att rn
CONTRACT AUTHORIZATION:
M&C: C-27516
Date Approved: October 27, 2015
OFFMAL
C I'i V 3��„!����FrRR,`,4,,G�,9,'1� u
Y
.Agreement for Services—CFW/Arts Council FY2016 Page 7 of 12
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Karen Wiley, 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 Arts 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 day of A.D. 2015.
ti�rrrN�, LINDA M.k IRRI-INCiEn � '
" p rx MYCC7MMIS5yloN EXPIRES Notary Public in for Wk-l"'"
F,��;. Fsbrttl 2tt1t3 e State of T as
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Fernando Costa, 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 City of Fort Worth
for the purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2015.
Notary Public in and for the State of Texas
Agreement for Services—CFW/Arts Council FY2016 Page 8 of 12
EXHIBIT A
Fiscal Year 2016
PROGRAM SERVICE ACTIVITIES
Administration and monitoring of contracts:
- Annual Goal—Administrative costs of no more than 25%
- Annual Audit—Annual audit performed by an independent audit firm
o Report submitted to City upon completion
- Education workshops for Arts Organizations within the City of Fort Worth
o During the term of the Agreement, produce one or more workshops focused on proper
governance and operation of a non-profit organization. The workshop may focus on (i) one of
the following topics- Nine-Ninety (990) 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; or(ii)another topic that is similar in nature
to the listed topics and that is approved, in advance, by the City.
Manage and Coordinate the arts grants program and contracts for cultural services
1. Provide for an open, unbiased, and competitive grants process.
2. Ensure proposed grant activities involve arts programming within the City.
3. Ensure diversity on grants panels.
4. Require from Recipients, and provide to the City of Fort Worth, quarterly monitoring
of Recipients' grant goals.
5. Ensure use of sound fiscal practices and encourage best practices throughout
Recipient organizations.
Act as a fiscal agent for the City of 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 as a critical partner in funding for the arts.
1. Ensure the City of Fort Worth is credited in 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(events, performances, exhibits, and the like) to residents of and visitors to the
City of Fort Worth:
General Operations:
Number served annually: 150,000
Youth served annually: 70,000
Admitted free of charge annually: 50%
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.
Goal: Provide low-cost exhibit and education opportunities for artists and arts administrators in the City:
Educational workshops presented annually 4
Community Arts Center Gallery and Theater Rental annually 300 days
Agreement for Services—CFW/Arts Council FY2016 Page 9 of 12
Community Arts Center attendance annually 100,000
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 FY2016 Page 10 of 12
EXHIBIT B
SECTION I/SECTION II
QUARTERLY REPORT
FORT WORTH
EXHIBIT"B"-QUARTERLY AWARD REPORT
THE CITY OF FORT WORTH•BUDGET AND RESEARCH DMSION"1000 THROCKMORTON STREET•FORT WORTH,TX 76102
(817)392-85OW FAX(817)392-8502
Name:
Address:
CFW Contract No.:
CFW Fund Year:
Total Annual Allocation
Percent of Total Budget:
Reporting Quarter Ending: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
December 31 March 31 June 30 September 30
Expense Classification: $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL EXPENSES: $0.00 $0.00 $0.00 $0.00 $0.00
Goals
Signature-Preparer Date Signature-Award Administrator Date
Agreement for Services—CFW/Arts Council FY2016 Page 1 I of 12
EXHIBIT C
GRANTS PROGRAM DESCRIPTION
Grant funding shall be provided to eligible arts organizations in the categories of(i) Operating Support
and (ii) Neighborhood Arts Program Support.
Operating Support
- Provides unrestricted financial support for general and administrative costs.
- A Grant Applicant must:
• be a non-profit arts organization or a college/university-affiliated arts organization;
• have its primary physical location in Fort Worth;and
• have at least one paid staff member overseeing operations.
- Maximums allowable awards are based on a percentage of the grant applicant's annual
operating budget, as listed below. Due to funding limits and the increasing number of eligible
applicants, awards rarely approach maximum eligible amounts.
Applicant's Annual Operating Budget Maximum Award-Operating Support
$1 million or more 5%of Operating Budget
$450,000-$999,999 10%of Operating Budget
$50,000-$449,999 15%of Operating Budget
$49,999 or less 20%of Operating Budget
Neighborhood Arts Program Support
- Provides restricted financial support for programming in traditionally underserved areas of Fort
Worth (public schools, community centers,senior centers, etc.). Requests must consist of a
named project to be completed during the grant year. Please note: the majority of NAP
programming focuses on presentations to youth in public schools. This focus is reflected in NAP
projections of Audience Served.
- There is no current maximum dollar limit.for requests, but grant awards must not be more than
50% of project budget and require a 1:1 cash match.
Agreement for Services—CFW/Arts Council FY2016 Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1012712015
DATE: Tuesday, October 27, 2015 REFERENCE NO.: C-27516
LOG NAME: 13ARTS COUNCIL FY2016
SUBJECT:
Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the
Amount of$1,377,500.00 from the General Fund to Promote Artistic and Cultural Activities for Fiscal Year
2016 (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$1,377,500.00 from the General Fund to promote artistic
and cultural activities for Fiscal Year 2016.
DISCUSSION:
During the Fiscal Year 2016 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$1,377,500.00 from the
General Fund. The information below captures the allocation on how these funds are to be distributed for
Fiscal Year 2016:
ITEM AMOUNT
Grant Program Funding $ 1,127,500.001
Management of Community Arts Center $ 200,000.00€
,Management of Rose Marine Theater (Arles de la Rosa) $ 50,000.00
TOTAL 11,377,500.00 i
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
$1,377,500.00 to the Arts Council.
This is the City's seventh 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 in the amount of$200,000.00
is anticipated from earnings of the Gas Lease Trust Fund.
CIL+f+A 1 ILJCe%MAA A T1f1►1 I f+CJnT1C1f%A'r1r%L1.
Logname: 13ARTS COUNCIL FY2016 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 IDENTIFIERS (FIDs):
TO
Fund Department lAccounl Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department lAccounj Project Program ctivi Budget Reference # Amount
ID ID Year Chartfield 2
L101001 0906210 5330201 $1,377 500.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Aaron Bovos (8517)
Originating Department Head: Terry Hanson (7934)
Additional Information Contact: Loraine Coleman (8542)
ATTACHMENTS
No attachments found.
Logname: 13ARTS COUNCIL FY2016 Page 2 of 2