HomeMy WebLinkAboutContract 51571 CITY SECRETARY
CG NTRACT N0. 51571
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. Inconsideration 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 2019, Contractor shall expend and distribute
these funds as follows:
ITEM AMOUNT
Grants Program for the Arts
Administrative Costs 112,750.00
Competitive Grants Program 906,021.55
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$1,127,500.00
Management of Community Arts Center 1 200,000.00
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 comprehensive
Grants Program, which includes ten percent(10%)($112,750.00)administrative costsi-s-so-c-i-are-d-w-iffifflib—
OFHUAL
CITY SECRETARY
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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 Artes de la Rosa as soon as funds are made available from the City.
d. The City anticipates making budget reductions during the Term of this Agreement. The City may reduce
the Funds provided to Contractor under this Agreement at any time by up to two percent(2%)of the Funds
amount ($27,550.00). City will provide Contractor written notice of any funding reduction, and the parties
agree that no amendment will be necessary. Contractor shall return the reduced Funds back to the City
within fifteen (15)calendar days of receiving notice from City of the reduction.
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 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, 2019, April 15, 2019, July 15, 2019, and October 15, 2019.
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 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,
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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, 2018, and ending September 30, 2019.
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
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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 /N PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NOW
PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES
DESCRIBED HEREIN, WHETHER OR NOT CAUSED /N WHOLE OR /N 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/N 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
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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 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
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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.
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;
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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;cjvil 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.
25. ISRAEL.
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott
Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement,
Contractor certifies that Contractor's signature provides written verification to the City that
Contractor. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth,
Tarrant County, Texas, to be effective October 1, 2018.
CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND
TARRANT COUNTY, INC.
Jay Chapa Karen Wiley
Assistant City Man r President
Date: Date:
ATTEST. ?' �� ATTEST
Mary**s r ame: .4t2rWA Pefss
City Secretary `Title: 'Pke)L'e_ A¢T T«cTIM
Date:
Date: ;au ;
.'
OFFICIAL
CITY SECRETAR-f"
Agreement for Services-CFW/Arts Council FY2019 p
Execution Copy 11/7/18 FT. $TX
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.
Name of Employee/Signature
Title
APPROVED—NS TO FORM AND LEGALITY:
4SsvanffCity Attorney
Form 1295: 2018-410687
CONTRACT AUTHORIZATION:
M&C: C-28911, 10/30/2018
CI`T`Y SEC :` _,:,
a
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.
Name:
Title:
APPROVED AS TO FORM AND LEGALITY:
Jessica Sangsvang
Senior Assistant City Attorney
Form 1295: 2018-410687
CONTRACT AUTHORIZATION:
M&Cs: C-28911, 10/30/18
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EXHIBIT A
Fiscal Year 2019
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
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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
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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. No academic institutions or their affiliated arts groups will be eligible for
funds.
- 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;
- 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.
- 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 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
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11/16/2018 M&C Review
�:i?y of to r '= r` t n,-,s
CITY COUNCIL AGENDA FORTWORm
COUNCIL ACTION: Approved on 10/30/2018
DATE: 10/30/2018 REFERENCE C-28911 LOG NAME: 06ARTS COUNCIL
NO.: FY2019
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 for Fiscal Year 2019 (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 2019.
DISCUSSION:
During the Fiscal Year 2019 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 2019:
ITEM AMOUNT
Grants Program for the Arts
Administrative Costs $112,750.00
Competitive Grants Program $1,014,750.00
$1,127,500.00
`Management of Community Arts Centers $200,000.00
Management of Rose Marine Theater (Arles de la Rosa) $50,000.00
.TOTAL $1,377,500.00
hftp://apps.fortworthtexas.gov/cou ncil_packet/mc_review.asp?I D=26395&counci[date=10/30/2018 1/2
11/16/2018 M&C Review
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 Fort Worth Community Arts 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 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 tenth 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.
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. 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.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
appropriated, of the General Fund. Prior to an expenditure being incurred, the participating
department has the responsibility to validate the availability of funds.
TO
FFn- —D-epartment I Account 70 jectTProgram !Activity Budge__t Ref_ eren__ce# m
Aount
ID 1 ID Year Chartfield 2
FROM _
�F�und __bDe`liirtine_n_t _: Account Project Program Activity ` Budget ; Reference# Amount
ID ID Year Chartfield 2
_._.__ _ �_—_ _ a__
Submitted for City Manager's Office by_ Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Randle Harwood (6101)
ATTACHMENTS
Form 1295 Certificate for FY2019 Public Art Management Contract.pdf
http://apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=26395&councildate=10/30/2018 2/2