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HomeMy WebLinkAboutContract 49877 r CITY SEC CONTRACTTNNAO. "`"l gl AGREEMENT FOR SERVICES 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 competitive Grants Program for the Arts, which includes the 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 2018, Contractor shall expend and distribute these funds as follows: ITEM AMOUNT Grants Program for the Arts Administrative Costs $112,750 — -- -- Competitive Grants Program $1,014,750; j I $1,127,500.001 Management of Community Arts Center ; 200,000.001 Management of Rose Marine Theater (Artes de la Rosa ) 50,000.00 1 TOTAL $1,377,500.00 6, 15 1_3 7 89 7 el, b. Cor shall receive direct payment in the amount of $1,127,500.00, to run the comprehensive GMs Program,which includes ten percent(10%) ($112,750.00)for administrative costs associated with �r IN 7_5 Ag, or Services—CFW/Arts Council FY2018 OFFICIAigeRECORD opy 10/18/17 CITY SECRETARY FT WORTH,TX ______J 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 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 B. i) Any unused or returned grant funds shall be used for future grant awards. Any returned grant funds should be reported in the quarterly reports. All operating grants greater than $10,000.00 will be distributed in quarterly installments, while operating grants of$10,000.00 or less will be payable in one lump sum upon execution of the grant contract. Outreach Program Grants will be payable in two payments, regardless of the amount of the grant, with the first payment equaling fifty percent (50%) of the grant award and being payable on execution of the grant contract and the second payment equaling fifty percent (50%) of the grant award and being payable following completion of the project and submission of a final report. Smaller grants i.e. capacitive building, program grant,will be paid in full upon execution the contract. 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 Artes de la Rosa for its management of the Rose Marine Theater. Contractor shall make the distribution to Arles de la Rosa as soon as funds are made available from the City. 3. REPORTING OF EXPENDITURES. a. Contractor shall deliver to the City 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 include budget and expenditure update, program activity reports and an overall status of the program. 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 not later than the 151 day of the first month after the end of each quarter. Therefore, each respective Quarterly Award Report must be submitted not later than January 15,2018,April 15, 2018, July 15,2018,and October 15,2018. 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 151 day of the first month after the end of each quarter, Contractor shall submit to the City a report of Services for itself and each Recipient.Therefore,each respective Quarterly Services Report must be submitted not later than January 15, 2018,April 15, 2018, July 15, 2018, and October 15, 2018. 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, 2017, and ending September 30, 2018. Agreement for Services—CFW/Arts Council FY2018 Page 2 of 1 l Execution Copy 10/18/17 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 PARTT, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY Agreement for Services—CFW/Arts Council FY2018 Page 3 of I I Execution Copy 10/18/17 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 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 FY2018 Page 4 of 1 I Execution Copy 10/18/17 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 FY2018 Page 5 of 11 Execution Copy 10/18/17 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: Planning and Development Karen Wiley President City of Fort Worth Arts Council of Fort Worth &Tarrant County, Inc. 200 Texas 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 Agreement for Services—CFW/Arts Council FY2018 Page 6 of 11 Execution Copy 10/18/17 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, 2017. CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. Fernando Costa Karen Wiley Assistant City M nagePresident Date: 5 " ' " • * Date: A9U _ 2 ATT T: * n TTEST: Mary ays �;'•. Q ame; City Seca ry i QAA,,,,/ Title: lbO- � �/iDate: � •��� �'' Date: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: ;) Z/ NameEz Title: Agreement for Services—CFW/Arts Council FY2018 Page 7 of 11 Execution Copy 10/18/17 APPROVED AS TO FORM AND LEGALITY: i --t Jessica Sang.5ang Assistant City Attorney Form 1295: 2017-256020 CONTRACT AUTHORIZATION: M&Cs: C-28438 Date: 10/17/17 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 lt(ov��r..r3R2-A.D. 2017. TRIKINYA L JOHNSON 4P C9'. :Notary Public, State of Texas Nota Publi and for the State of Texas "r`•`'`..P, Comm. Expires Oa-17-2013 Notary ID 1238832-0 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 N A.D. 2017. TRIKINYA L JOHNSON �a,% Notary ublic i nd for the State of Texas �-Notary Public, State of Texas "S Comm. Expires 04-17-2013 Notary ID 1238832-0 Agreement for Services—CFW/Arts Council FY2018 Page 8 of 11 Execution Copy 10/18/17 EXHIBIT A Fiscal Year 2018 PROGRAM SERVICE ACTIVITIES Administration and monitoring of contracts: - Cost Allocation—$112,750.00 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 During the term of the Agreement, produce one or more workshops that support best practices in the industry. Topics may include but not limited to governance, board development,finance and human resources, grant application and compliance, ethics, marketing, and social media, - 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. 6. Ensure that Recipients maintain their base of operations in the City of Fort Worth in order to promote a cultural economy. - Distribute Annual Grant Funding to Fort Worth Community Arts Center and Rose Marine Theater. 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 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: 400,000 Youth served annually: 250,000 Admitted free of charge annually: 45% Outreach Program(s): Number served annually 90,000 Youth served annually: 75,000 Number of presentation days: 300 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 outreach-funded programs. Goal: Provide low-cost arts and education opportunities for artists and arts administrators in the City: Educational workshops presented annually 20 Community Arts Center Gallery and Theater Rental annually 300 days Agreement for Services—CFW/Arts Council FY2018 Page 9 of 1 I Execution Copy 10/18/17 Community Arts Center attendance annually 70,000 Requirement: Collect usage data for all Arts Center-based events - Documentation: Collect a minimum of two Visitor Surveys per year from visitors attending events at the Community Arts Center - Documentation: Quarterly Arts Center traffic statistics Agreement for Services—CFW/Arts Council FY2018 Page 10 of 11 Execution Copy 10/18/17 EXHIBIT B GRANTS PROGRAM DESCRIPTION Nonprofit arts organizations that apply to the Arts Council of Fort Worth Grant Program must: - Be a nonprofit arts organization whose primary mission is the presentation or production of artistic programming.Only currently funded college/university affiliated arts groups may continue to apply for funding in the 2017/18 grant cycle. No academic institutions or their affiliated arts groups will be eligible for funds beginning with the 2018/19 grant cycle; - Such organizations must be recognized by the IRS as a 501(c)(3) nonprofit organization; - Have a business office address and maintain a base of operations in the City of Fort Worth accessible to the public; (PO Boxes are unacceptable); - Demonstrate active operations and history of at least two years of consecutive related programming within the City of Fort Worth,- - orth;- Have a salaried full or part-time administrator that is responsible for and authorized to address the contractual obligations of the Arts Council Cultural Contract and the business management of the organization; and - Be in good standing and compliant with the Arts Council Grant Program. All grants awarded require a 1:1 cash match. - Maximum allowable awards for Operating Grant Support 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_Sunport $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 Agreement for Services—CFW/Arts Council FY2018 Page 11 of 1 I Execution Copy 10/18/17 M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRIr— H COUNCIL ACTION: Approved on 1011712017 DATE: 10/17/2017 REFERENCE NO.: C-28438 LOG NAME: 06ARTS COUNCIL FY2018 CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO 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 the Competitive Arts Grant Program, Operation of the Community Arts Center and Management Funding for the Rose Marine Theater(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 the Competitive Arts Grant Program, Operation of the Community Arts Center and Management Funding for the Rose Marine Theater for Fiscal Year 2018. DISCUSSION: During the Fiscal Year 2018 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 2018: ITEM AMOUNT Grants Program for the Arts Administrative Costs �- $112,750 Competitive Grants Program $1,014,750 $1,127,500.00 Management of Community Arts Center 200,000.00 Management of Rose Marine Theater(Artes de la Rosa 11 50 000.00 TOTAL $1,377,500.001 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). 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 ninth 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 tum, these http://apps.cfWnet.org/council_packet/mc review.asp?ID=25142&councildate=10/17/2017 10/18/2017 M&C Review Page 2 of 2 projects enhance the cultural and artistic life of the community. The Arts Council will retain the amount shown above for its costs in administering the competitive grants program and will disburse the rest to grantees and other entities as shown. This expense is budgeted in the General Fund. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Randle Harwood (6101) ATTACHMENTS Form 1295 Art Council 2018.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25142&councildate=10/17/2017 10/18/2017 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 114 / 1 10/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: Michelle Salazar Higginbotham Insurance Agency, Inc. PHONE 817-349 2270 nX 500 W. 13th N.), 817-820-8928 Fort Worth TX 76102 EMAIL Ext)- INSURERS AFFORDING COVERAGE NAIC# INSURERA:New Hampshire Insurance Company 23841 INSURED ARTSC2 INSURER B:National Union Fire Insurance Co 19445 Arts Council of Fort Worth and Tarrant INSURERC:ACE Fire Underwriters Ins.Co. 20702 County/Fort Worth Community Arts INSURER D:Evanston Insurance Company 35378 1300 Gendy Street Fort Worth TX 76107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1661278975 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY 01LX0921742581 8/1/2017 8/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE YX OCCUR DAMAGE TO RENTED PREMISES Eaocarrence $100,000 MED FRCP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY JECTPRO- � LOC PRODUCTS-COIvP/OPAGG $3,000,000 OTHER: $ MBINEJ IN LE LIMIT A AUTOMOBILE LIABILITY 01CA0699710280 8/1/2017 8/1/2018 Ea accident $1,000,000 ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ Ix AUTOS ONLY X AUTOS ONLY Per aaicl B UMBRELLA LIAB OCCUR 29UD0628403761 8/1/2017 8/1/2018 EACH OCCURRENCE $2,000,000 X EXCESS LIAR HCLAIMS-MADE AGGREGATE $2,000,000 DED X I RETENTION$10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOWPARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-E,EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Directors&Officers NFPTXD391296812002 8/1/2017 8/1/2018 Aggregate 1,000,000 D Inland Marine 3AA142330 9/25/2017 9/30/2018 $700,000 $500 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as Additional Insured in favor of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD