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Home My WebLink AboutContract 22260 STATE OF TEXAS § KNOW ALL PERSONS BY THESE PRESENTS : COUNTY OF TARRANT § CITY SECRETARY CONTRACT NO This contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant County, Texas, hereinafter called "City" , and the Arts Council of Fort Worth and Tarrant County (the "Arts Council") , a Texas not-for-profit corporation acting by and through --Kenneth Kahn, its duly authorized President . 1. Scope of Services ._ City agrees to pay Arts Council the sum of One Hundred Fifty Thousand Dollars $150, 000 (payable five days after final execution of this agreement) . In return, Arts Council will provide funding and leadership to stimulate and assure the advancement of the arts throughout the community of Fort Worth. Specifically, Arts Council will provide grants to local art entities to further their development and foster their contributions to the community. 2 . Term of Agreement and Termination._ This agreement shall commence on October 1, 1996 and end on September 30, 1997 . The City may terminate this agreement at any time and for any reason by giving the Arts Council written notice not less than thirty (30) days prior to the effective da L R SECRETARY 1 _ R.-iFaR1. 9 IS,€,, F termination. If the City exercises its right to terminate this agreement prior to its expiration, Arts Council' s obligations to the City under this agreement shall continue until the date such termination actually takes effect . On the date of termination, Arts Council shall reimburse to the City all funds it has received, but not otherwise committed, for the month in which the termination takes effect . 3 . Accounting. Arts Council agrees that it will use no more than twenty percent (200) of the funds received hereunder for administrative purposes . Arts Council further agrees that it will maintain all funds received hereunder in a separate account . Arts Council shall not commingle such funds with any other funds or maintain such funds in any other accounts . In addition, Arts Council' s expenditure of such funds shall strictly be in accordance with its Budget, attached as Exhibit A and incorporated herein by reference for all purposes . Arts Council shall submit quarterly financial reports to the City that reflect all receipts and disbursements of funds received pursuant to this agreement . In addition, within thirty (30) days following the end of the City' s fiscal year, Arts Council shall submit to the City an annual financial report that reflects all receipts and disbursements of such funds received during the term of this agreement and that sets forth all other material information 2 pertaining to the financial activities and financial condition of the Arts Council . At any time during the term of this agreement, the City shall have the right to authorize an audit of Arts Council' s, records as they pertain to its receipt and expenditure of funds hereunder. Such audits shall be prepared at Arts Council' s sole by an independent auditor or Certified Public Accountant acceptable to the City. 4 . Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors . Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of respondent superior shall have no application as between the City and the Consultant . 5 . Indemnification. Arts Council hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind or character, 3 whether real or asserted, arising out of or in connection with the receipt or expenditure of City funds or any other provision hereunder, whether or not caused, in whole or in part, by alleged negligence of the City, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees . Arts Council covenants and agrees to, and does hereby, indemnify and hold harmless and defend the City, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss and/or personal injury of any kind, including death, to any and all persons, of any kind or character, whether real or asserted, arising out of or in connection with the receipt or expenditure of City funds or any other provision hereunder, whether or not caused, in whole or in part, by alleged negligence of the City, its officers, agents, servants, employees, contractors, subcontractors, licensees or invitees . 6 . Prohibition of Assignment The Arts Council shall not assign, sell, convey or transfer its interest under this agreement . Any such attempted assignment of same shall be null and void. 7 . Governmental Powers . It is understood and agreed that by execution of this contract, the City does not waive or surrender any of its governmental powers. 4 8 . No Waiver The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right granted herein shall not constitute a waiver of the City' s right to insist upon appropriate performance or to assert any such right on any future occasion. 9 . Choice of Law; Venue Should any action, whether real or asserted, at law or in equity, arise out of the terms of this contract, venue for said action shall be in Tarrant County, Texas . 10 . Severability. If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provision shall not in any way be affected or impaired. 11 . Entirety of Agreement . This written instrument, including any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Arts Council . Any prior or contemporaneous oral or written agreement is hereby declared null and void. 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples to become effective for the stated term upon the filing with and assignment of a contract number by the City Secretary' s Office of the City of Fort Worth, Texas, this day of A.D. 1996 . J ATTEST: CITY OF FORT WORTH � r C� BY: City Secretary Charles Boswell Assistant City Manager APPROVED AS TO FORM AND LEGALITY: iS ,WntyLdttorney ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY Date: BY: TITLE:— (015 ITLE:(015 Contract Authorization Date 6 IN, ,CA City of Fort Worth, Texas , Mayor and Council Communication DATEREFERENCE NUMBER**C-15765 LOG NAME PAGE 11/12/96 13FTW 1 of 1 SUBJECT I CONTRACT WITH THE ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with the Arts Council of Fort Worth and Tarrant County in the amount of $150,000 for the period of October 1, 1996 through September 30, 1997. DISCUSSION: The mission of the Arts Council of Fort Worth and Tarrant County is to provide the funding and leadership to stimulate and assure the advancement of the Arts throughout the Community. In doing so, it provides financial assistance to nonprofit organizations in Fort Worth for projects which enhance the cultural and artistic life of the community. All grant review panels shall include one representative of the City Manager's Office. On July 14, 1992 through M&C G-9722, the City appropriated $300,000 to the Arts Council of Fort Worth and Tarrant County (ACFWTC). These funds were to be used as matching funds to National Endowment for the Arts funds for the implementation of neighborhood arts programs. The funds were distributed over a three year period with the last fiscal year being 1994-95. The National Endowment of the Arts has continued its financial support of the neighborhood arts programs. The City's contribution to ACFWTC will ensure the continuation of needed art services in local communities, such as Ballet Folklorico Azteca, the Jubilee's African-American Dance Ensemble, and various art programs in neighborhood schools. The City's Adopted Budget for 1996-97 includes a $150,000 appropriation for the Arts Council to provide assistance in the distribution of funds of funds for support of the arts in Fort Worth through the neighborhood arts program. FISCAL INFORMATION/CERTIFICATION: The Director of Fiscal Services certifies that the funds required for this expenditure are available in the current operating budget, as appropriated, of the General Fund. CB:m Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVEAD' Originating Department Head: CITY COUNCIL Jim Keyes 8517 (from) NOV 12 1996 GG01 539120 0905500 $150,000 For Additional Information City Secretary of the Contact: City of Fort Worth,Texas Debra Crumpton 8514 0 Printed on Recyded Paper