HomeMy WebLinkAboutContract 48464 PTY SECRETARY
AGREEMENT FOR SERVICES G��Nl +1CT
THIS AGREEMENT FOR SERVICES ("Agreement") is made and entered into by and between
THE 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 Grants Program for the Arts, which includes the Neighborhood
Arts Program and General Operating Support Grants, to provide 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 Arles 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 and in support of arts programming (exhibitions, installations, performances,
concerts, etc.) within the City as detailed herein. For Fiscal Year 2017, Contractor shall expend and
distribute these funds as follows:
ITEM AMOUNT
Grants Program for the Arts
Administrative Costs $281,875
Neighborhood Arts Program $211,406
General Operating Support Grants $634,219
$1,127,500.00
Management of Community Arts Center F 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, to run the Grants Program,
which includes administrative costs associated with the management of the program and the distribution
of funds 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
OFFICIAL RECORD
Agreement for Services—CFW/Arts Council FY2017 CITY $E CRETARY Page 1 of 12
p WORTH,TX
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. The
Neighborhood Arts Grants shall be allocated that portion of the funding outlined above. 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 2017, while grants of$10,000.00 or less will be
payable in one lump sum in January 2017. Neighborhood Arts Grants will be payable in two payments,
regardless of the amount of the grant, with the first payment equaling seventy-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 2016 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 116," 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, 2017, April 15, 2017, July 15, 2017,
and October 15, 2017.
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 11 of the attached Exhibit "13,11 which is incorporated herein for all purposes, and each such
Quarterly Award Report shall be attached hereto, incorporated herein, and made a part of th is Agreement
for all purposes. Therefore, each respective Quarterly Services Report must be submitted not later than
January 15, 2017, April 15, 2017, July 15, 2017, and October 15, 2017. 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, 2016 and ending September 30, 2017.
Agreement for Services—CFW/Arts Council FY2017 Page 2 of 12
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.
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
Agreement for Services—CFW/Arts Council FY2017 Page 3 of 12
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 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.
Agreement for Services—CFW/Arts Council FY2017 Page 4 of 12
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
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.
Agreement for Services—CFW/Arts Council FY2017 Page 5 of 12
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.
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:
Performance and Budget Office 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
Agreement for Services—CFW/Arts Council FY2017 Page 6 of 12
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.
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, 2016.
CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND
TARRANT COUNTY, INC.
-Susan Alants Fer„a„Jo Costa Karen Wiley
Assistant City ManagerP resident /
Date: iz /.3 �a '. ate: /off,�o/
°fA�p°o®p �a1
ATTEST: °° °� 7EST:
Mary Kayser
City Secretary
Date: 04Ili
/� _ '_(, �� ate:
APPROVED AS TO FORM AND LEGALITY:
Deni . M E o
Assistant CitVAttorney
CONTRACT AUTHORIZATION:
M&Cs: C-27961 &C-28013 OFFICIAL RECORD
Date Approved: October 11, 2016; December 6, 2016
. CITY SECRETARY
FT.WORTH, TX
Agreement for Services—CFW/Arts Council FY2017 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. 2016.
Lo=m
LINDA M. HIRRLINGERtary Public,State of TeWsomm.Ex 'pues o2-02-2o1r� Notary Public in and for the State exas
Notary ID 124144
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 t day of , ,-A.D. 2016.
"RrP"' . -, . L-,-
�, TRIKINYA L JOHNSON Notary PjUblic in a d for the State of Texas
3% '=_Notary Public,State of Texas
Comm. Expires 04-17-2018
Notary ID 1238832-0
Agreement for Services—CFW/Arts Council FY2017 Page 8 of 12
EXHIBIT A
Fiscal Year 2017
PROGRAM SERVICE ACTIVITIES
Administration and monitoring of contracts:
- Cost Allocation— No more than 25% of the total funding identified in the Agreement as being for the
Grants Program for the Arts shall be retained by Contractor for its costs in administering the program
- 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
Number of council districts from which attendees are drawn: 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
i
Agreement for Services—CFW/Arts Council FY2017 Page 9 of 12
Community Arts Center Gallery and Theater Rental annually 300 days
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 FY2017 Page 10 of 12
EXHIBIT B
SECTION I/SECTION II
QUARTERLY REPORT
FoRT�Wox_Tx
EXHIBIT'B'-QUARTERLYAWARD REPORT
THE CITY OF FORT WORTH•BUDGET AND RESEARCH DIVISION•1000 THROCK MORTON STREET*FORT WORTH,TX 76102
(817)392-8500'FAX(817)39248502
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 Se tember 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 Signattre-lwardAdmutistrator_ Date
Agreement for Services—CFW/Arts Council FY2017 Page 11 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:
o be a non-profit arts organization or a college/university-affiliated arts organization;
o have its primary physical.location in Fort Worth;and
o 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 FY2017 Page 12 of 12
City of Fort worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/6/2016
DATE: Tuesday, December 6, 2016 REFERENCE NO.: C-28013
LOG NAME: 03ARTS COUNCIL FY2017 AMENDED
SUBJECT:
Amend Mayor and Council Communication C-27961 to Reflect How Total Contract Amount of
$1,377,500.00 is Allocated for Agreement with the Arts Council of Fort Worth and Tarrant County, Inc. (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council amend Mayor and Council Communication C-27961, regarding
the execution of a contract with the Arts Council of Fort Worth and Tarrant County, Inc. to support artistic
and cultural activities for Fiscal Year 2017, to reflect how funds are allocated.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to amend M&C C-27961, which was
approved on October 11, 2016 and authorized the execution of a contract for financial support for the Arts
Council of Fort Worth and Tarrant County, Inc. (Arts Council) to reflect how the total contract amount of
$1,377,500.00 is allocated, including payment of up to $281,875.00 to the Arts Council for administrative
costs associated with the grant program.
The mission of the grant program is to provide funding and leadership to stimulate and assure
advancement of the arts throughout the community of Fort Worth. M&C C-27961 indicated that all of the
$1,127,500.00 in funds identified for the grant program were to be disseminated via grants to non-profit
arts organizations. However, historically the Arts Council has been allowed to retain 25 percent of the
grants program funding for administrative costs. Administrative expenses include the management of the
annual grants program, working with the 42 arts organizations that apply for funding, providing tutorials
and workshops to grantees, completing activities associated with financial reporting and management of
the funds, conducting one-on-one site visits and engaging in fund-raising activities.
For Fiscal Year 2017 the Arts Council will retain $281,875.00 of the $1,127,500.00 grant program funding
allocation for administrative costs and use the remaining funds in the amount of$845,655.00 in support of
the Neighborhood Arts Program grants and General Operating Support grants to art agencies. In turn,
these projects enhance the cultural and artistic life of the community. Of the total grant program funding
18.75 percent is allocated to Neighborhood Arts Program grants and 56.25 percent is allocated to General
Operating Support grants. The new annual contract will reflect these changes for added transparency and
to make certain there is no question as to how these funds are expended. The chart below clarifies the
allocation of the distribution of funds for Fiscal Year 2017.
Total Amount
Grant Program Funding � $1,127,500.00��
Administrative Costs (25 percent) $281,875.00 F -
Neighborhood Arts Programming(NAP) (18.75 percent) F $211,406.00 1 -
General Operating Supporting Grants (56.25 percent) I $634,219.00 F-�
Logname: 03ARTS COUNCIL FY2017 AMENDED Page 1 of 2
(m_anagement of the Community Arts Center - $ 200,000.00
Management of the Rose Marine Theater(Artes de la Rosa) $ 50,000.00
Total - $1,377,500.00
While considered to be a supporting organization to the Arts Council, the Fort Worth Community Arts
Center is a separate Texas non-profit corporation. In addition to absorbing utility costs for operation of the
Center, the City provides an annual subsidy of$200,000.00 used wholly for the management of the
facility. The Arts Council has managed this facility since 2002 (M&C L-13424).
The City is in its eighth year of partnering with the Arts Council to fund other related arts programs and
facilities (M&C C-23902) and as a result of this partnership, funds in the amount of$50,000.00 are passed
through to the Rose Marine Theater for the management of that facility.
This expense is budgeted in the General Fund. However, a reimbursement in the amount of$200,000.00
is conservatively budgeted from interest income of the Gas Lease Trust Fund.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City
funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Projecf Program ctivity Budget Reference # �moul
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office bV: Susan Alanis (8180)
Originating Department Head: Lynda Johnson (6222)
Additional Information Contact: Terry Hanson (7934)
ATTACHMENTS
1. Arts Council Form 1295 Doc.pdf (Public)
2. SAM.pdf (CFW Internal)
Logname: 03ARTS COUNCIL FY2017 AMENDED Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/11/2016
DATE: Tuesday, October 11, 2016 REFERENCE NO.: C-27961
LOG NAME: 13ARTS COUNCIL FY2017
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 Support Artistic and Cultural Activities for Fiscal Year
2017 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the 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 support artistic
and cultural activities for Fiscal Year 2017.
DISCUSSION:
During the Fiscal Year 2017 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 2017:
ITEM AMOUNT
Grant Program Funding __Fs 1,127,500.00
Management of Community Arts Center Fs-200,000.00
_Management of Rose Marine Theater (Arles de la Rosa) $ 50,000.00
TOTAL _ $1,377,500.00
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
$1,377,500.00 to the Arts Council.
This is the City's eighth 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 conservatively budgeted from interest income of the Gas Lease Trust Fund.
Glcrrel 1K1C:n0KAAT1nn1 I rP0T1C:1r'AT1r%n1.
Logname: 13ARTS COUNCIL FY2017 Page 1 of 2
The Director of Finance certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Accoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department Accoun Project Program ctivity Budget Reference # mount
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Lynda Johnson (6222)
Originating Department Head: Terry Hanson (7934)
Additional Information Contact: Loraine Coleman (8542)
ATTACHMENTS
1. Arts Council Form 1295 Doc.pdf (Public)
2. SAM.pdf (CFW Internal)
Logname: 13ARTS COUNCIL FY2017 Page 2 of 2