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HomeMy WebLinkAboutContract 47214 (2)NOV 1.1 �7nli`' THIS AGREEMENT FOR SERVICES ("Agreement") is made and entered into by and between GM OF FLiTHE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (hereinafter CI 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. ern' S&kttARw CONTRACT NO. AGREEMENT FOR SERVICES RECITALS WHEREAS, Contractor administers the Neighborhood Arts Program and the Grants Program for the Arts to provide the funding and leadership to stimulate and ensure the advancement of the Arts throughout the entire community; and WHEREAS, such services serve a public purpose in promoting artistic and cultural activities which benefit the Fort Worth community; and WHEREAS, City and Contractor desire to enter into a contract to have such services provided which benefit the Fort Worth community through the support of the various organizations including Artes 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 "Al" attached and incorporated herein for all purposes incident to this Agreement ("Services"). 2. COMPENSATION. a. In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in one installment the sum of One Million, Three Hundred Seventy -Seven Thousand Five Hundred Dollars ($1,377,500.00) ("Funds") provided, however, that these funds shall be expended solely for arts programming (exhibitions, installations, performances, concerts, etc.) within the City. For Fiscal Year 2016, Contractor shall distribute these funds as follows: ITEM I AMOUNT Grant Program Funding J$1,127,500.0O Management of Community Arts Center 200,000.00 Management of Rose Marine Theater (Artes de la Rosa ) 50,000.00 TOTAL i$1,377,500.00 b. Contractor shall receive direct payment in the amount of $1,127,500.00, all of which is to be distributed by Contractor via grants to other organizations that are to be selected by Contractor in accordance with the terms of this Agreement and in the exercise of Contractor's reasonable discretion. The organizations selected by Contractor and those listed in the chart above shall be referred to herein as "Recipients." Recipients of grants shall be selected through a competitive grant process as outlined in Exhibit C A minimum of 25% of the designated Grant Program Funding shall be allocated to Neighborhood Arts Grants. With the exception of Neighborhood Arts Grants, all grants greater than $10,000.00 will be distributed in quarterly installments payable in January, April, July, and October 2016, while grants of $10,000.00 or Tess will be payable in one lump sum in January 2016. Neighborhood Arts Grants will be payable in two payments, regardless of the amount of the grant, with the first payment equaling seventy - Agreement for Services — CFW / Arts Council FY2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 12 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 Artes de la Rosa for its management of the Rose Marine Theater. Contractor shall make the distribution to Artes de la Rosa in December 2015 or as soon as funds are made available from the City. 3. REPORTING OF EXPENDITURES. a. Contractor shall deliver to the City's Budget Office a quarterly statement of the receipts and expenditures of Funds ("Quarterly Award Report') detailing how the Funds were expended by Contractor itself and by each Recipient to accomplish performance of the Services. The quarterly statement shall be in the same format as Section I of the attached Exhibit "B," which is incorporated herein for all purposes and each such Quarterly Award Report shall be attached hereto, incorporated herein, and made a part of this Agreement for all purposes. b. Each Quarterly Award Report must be prepared and signed by a Certified Public Accountant or by a representative of the Contractor who has responsibility for maintaining Contractor s financial accounts and records. If the Contractor deviates from this reporting requirement, the Contractor will be considered in non-compliance with this Agreement. c. Each Quarterly Award Report must be submitted to the City's Budget Office not later than the 15th day of the first month after the end of each quarter Therefore, each respective Quarterly Award Report must be submitted not later than January 15, 2016, April 15, 2016, July 15, 2016, and October 15, 2016. d. Any non-compliance by Contractor under Section 3 of this Agreement may jeopardize the Contractor's ability to receive future funding from the City. In addition, failure to comply with Section 3 or any other term of this Agreement, including, but not limited to requirements regarding location of arts programming, may result in forfeiture of grant monies not yet disbursed and/or required reimbursement of all monies awarded. 4. REPORTING OF SERVICES. Not later than the 15th day of the first month after the end of each quarter, Contractor shall submit to the City s Budget Office a report of Services for itself and each Recipient in the same format as Section II of the attached Exhibit 'B " which is incorporated herein for all purposes, and each such Quarterly Award Report shall be attached hereto, incorporated herein, and made a part of this Agreement for all purposes Therefore, each respective Quarterly Services Report must be submitted not later than January 15, 2016, April 15, 2016, July 15, 2016, and October 15, 2016. Contractor and each Recipient shall be subject to a review by the City of its services and activities in performance of this Agreement. 5. TERM AND TERMINATION. This Agreement shall be for a term beginning October 1, 2015 and ending September 30, 2016. a. Either party may cancel this Agreement upon thirty (30) days' notice in writing to the other party of such intent to terminate. b. The City may terminate this Agreement immediately for any violation by Contractor of Section 3, "Reporting of Expenditures" or Section 4, 'Reporting of Services,' above. Agreement for Services — CFW / Arts Council FY2016 Page 2 of 12 c. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments hereunder, City will notify the Contractor of such occurrence, and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. d. In the event of any termination under this Section 5, Contractor shall reimburse to City all Funds that Contractor has received under this Agreement for purposes of discretionary distribution but that it not otherwise committed or encumbered by contract. Contractor shall include in its funding contract with each Recipient, that in the event of any termination of this Agreement or a Recipient contract, Recipient shall reimburse to the City all Funds that Recipient has received but that it has not otherwise committed or encumbered by contract. 6. RIGHT TO MONITOR SERVICES. Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of the Services to be performed under this Agreement, and City shall have access at all reasonable hours to offices and records of Contractor for the purpose of such monitoring. Contractor further agrees to include in its agreement with each Recipient, that the Recipient agrees to fully cooperate with the City in monitoring the effectiveness of the Services to be performed under this Agreement, and City shall have access at all reasonable hours to offices and records of the Recipient for the purpose of such monitoring. 7. INDEPENDENT CONTRACTOR. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to control the details of the Services performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractors, and program participants. The doctrine of respondent superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, agent, employee, or subcontractor of Contractor is in the paid service of City. 8. LIABILITY AND INDEMNIFICATION. CITY SHALL IN NO WAY OR UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY PROPERTY BELONGING TO CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS PROGRAM PARTICIPANTS, OR RECIPIENTS THAT MAY BE LOST STOLEN, DESTROYED, OR IN ANY WAY DAMAGED. CONTRACTOR HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS CONCERNING SUCH PROPERTY. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES DESCRIBED HEREIN WHETHER OR NOT CAUSED, IN WHOLE OR IN PART. BY ALLEGED NEGLIGENCE OF OFFICERS AGENTS, SERVANTS: EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NON- PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES Agreement for Services — CFW / Arts Council FY2016 Page 3 of 12 DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS. SERVANTS, EMPLOYEES CONTRACTORS, OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, PROGRAM PARTICIPANTS, OR RECIPIENTS, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS. AGENTS. SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. Contractor shall require all of its subcontractors and Recipients to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. This Section shall survive the expiration or termination of this Agreement. 9. MISAPPRORIATION OF FUNDS. In the event it is determined that Contractor or any Recipient has misused, misapplied, or misappropriated all or any part of the funds provided hereunder, Contractor agrees to indemnify, hold harmless and defend the City of Fort Worth its officers, agents, servants, and employees, from and against any and all claims or suits resulting from such misuse, misapplication, or misappropriation. 10. CHARITABLE IMMUNITY. If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury, including death to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against the City. 11. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City, and any attempted assignment or subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. 12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Contractor, its officers, agents, employees, and subcontractors shall abide by and comply with all federal state, and local laws, including all ordinances, rules, and regulations of City. It is agreed and understood that, if City calls to the attention of Contractor any such violation on the part of Contractor or any of its officers, agents employees, or subcontractors, then Contractor shall immediately desist from and correct such violation. 13. NON-DISCRIMATION COVENANT. Contractor in the execution, performance, or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of disability age, familial status sex, race, religion, color or national origin, nor will Contractor permit its officers, agents, employees or subcontractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article III Division 3 of the City Code of the City of Fort Worth ('Discrimination in Employment Practices"), and Contractor hereby covenants and agrees that Contractor, its agents, employees, and subcontractors have fully complied with all provisions of same and that no Agreement for Services — CFW / Arts Council FY2016 Page 4 of 12 e mployee or employee -applicant has been discriminated against by either Contractor, its agents, e mployees, 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 u nder 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 o rder 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, u ntil the expiration of three (3) years after final payment under the subcontract or this Agreement, have access to and the right to examine, whether in hard copy or electronic format, any directly pertinent books, documents, papers, and records of such subcontractor or Recipient involving transactions relating to the subcontract or this Agreement, and further that City shall have access during normal working hours to all subcontractor or Recipient facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor or Recipient reasonable advance notice of intended audits. This Section shall survive the expiration or termination of this Agreement. 16. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution performance, or attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. Agreement for Services — CFW / Arts Council FY2016 Page 5 of 12 17. NOTICES. Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand - delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party shown below: Financial Management Services Budget Office City of Fort Worth 1000 Throckmorton St. Fort Worth, Texas 76102 (817) 392-8500 18. NO WAIVER. Karen Wiley President Arts Council of Fort Worth & Tarrant County, Inc. 1300 Gendy Street Fort Worth Texas 76107 (817) 298-3022 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 o bligations as set forth in this Agreement. If either party is unable, either in whole or part, to fulfill its o bligations 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 o r Level Red Alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions or some other reason beyond the party s reasonable control (each a "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. Agreement for Services -- CFW / Arts Council FY2016 Page 6 of 12 22. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 23. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibit hereto. 24. ENTIRETY OF AGREEMENT. This written instrument (together with all exhibits and schedules attached hereto and incorporated herein) constitutes the entire understanding of the parties hereto concerning the subject matter and transaction addressed herein. Any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2015. CITY OF FORT WORTH 7(414444c13 La+l Fernando Costa Assistant City Manager Date: �b S ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. Karen Wiley President Date: Nm'j ijgiiZ-- /d aOR ATTEST: ATTEST: Maryf Kayl "r City Secro ary- Date: Ls ✓'r^, y APPRO D A$ 7O FORM AND L 1LITY: Denis C.\ Elr Assistant City Attorney CONTRACT AUTHORIZATION: M&C• C-27516 Date Approved: October 27, 2015 Name: Title: Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX .Agreement for Services — CFW / Arts Council FY2016 Page 7 of 12 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Karen Wiley, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the Arts Council of Fort Worth and Tarrant County, Inc. and that she executed the same as the act of said Arts Council of Fort Worth and Tarrant County, Inc. for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..ain.-«. ,IN111//44, :•?• A co; k. t'r n • >>•....4: r� c,�� • .� .16144., i a • Iliip 1ii : LA% .,. r i •:. :.-,ate- i, MEM M. HiRR IN,GER MY COMMISSION E> PIREC F®k wary 2, 2010 . STATE OF TEXAS § COUNTY OF TARRANT § Lt. day of V)OV , A.D. 2015. ith ni 14 ocALtAts(tA Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the City of Fort Worth for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , A.D. 2015. Notary Public in and for the State of Texas Agreement for Services — CFW / Arts Council FY2016 Page 8 of 12 EXHIBIT A Fiscal Year 2016 PROGRAM SERVICE ACTIVITIES Administration and monitoring of contracts: • Annual Goal — Administrative costs of no more than 25% Annual Audit — Annual audit performed by an independent audit firm o Report submitted to City upon completion Education workshops for Arts Organizations within the City of Fort Worth o During the term of the Agreement, produce one or more workshops focused on proper governance and operation of a non-profit organization. The workshop may focus on (i) one of the following topics - Nine -Ninety (990) CPA Training Workshops; Preparation of Proper Financial Statements; Accounting and Bookkeeping for Non -Profits (with emphasis on proper segregation of and accounting for organizational funds versus personal funds); Grant Application and Compliance; Ethics of Non -Profits; or (ii) another topic that is similar in nature to the listed topics and that is approved, in advance, by the City. Manage and Coordinate the arts grants program and contracts for cultural services 1. Provide for an open, unbiased, and competitive grants process. 2 Ensure proposed grant activities involve arts programming within the City. 3. Ensure diversity on grants panels. 4. Require from Recipients and provide to the City of Fort Worth, quarterly monitoring of Recipients' grant goals. 5. Ensure use of sound fiscal practices and encourage best practices throughout Recipient organizations. Act as a fiscal agent for the City of Fort Worth o Provide pass -through funding to Recipients as directed by the City of Fort Worth pursuant to Section 2 of this Agreement. Promote and credit the City of Fort Worth as a critical partner in funding for the arts. 1. Ensure the City of Fort Worth is credited in printed materials 2. Promote and quantify the City of Fort Worth as a cultural destination to visitors Audiences Served Goal: Through contracts for cultural services with area arts organizations, make available a variety of arts programming (events, performances, exhibits, and the like) to residents of and visitors to the City of Fort Worth: General Operations: Number served annually: Youth served annually' Admitted free of charge annually: Neighborhood Arts Program (outreach): Number served annually Youth served annually Number of presentation days: Attendance drawn from Council districts: 150,000 70 000 50% 250,000 200,000 70 8 Requirement: Collect attendance data from all Arts Council -funded organizations Documentation: quarterly summary attendance reports for both General Operations and NAP -funded programs. Goal: Provide low-cost exhibit and education opportunities for artists and arts administrators in the City: Educational workshops presented annually 4 Community Arts Center Gallery and Theater Rental annually 300 days Agreement for Services — CFW / Arts Council FY2016 Page 9 of 12 Community Arts Center attendance annually 100,000 Requirement: Collect usage data for all Arts Center -based events - Documentation: Workshop satisfaction survey statistics - Documentation: Quarterly Arts Center traffic statistics Agreement for Services — CFW / Arts Council FY2016 Page 10 of 12 EXHIBIT B SECTION I / SECTION II QUARTERLY REPORT FORT WORTH EXHIBIT "B" - QUARTERLY AWARD REPORT THE CITY OF FORT WORTH * BUDGET AND RESEARCH DIVISION * 1000 THROCKMORTON STREET* FORT WORTH, TX 76102 (817) 392-8500* FAX (817) 392-8502 Name: Address : CFW Contract No. : CFW Fund Year : Total Annual Allocation : Percent of Total Budget : Reporting Quarter Ending: Expense Classification: TOTAL EXPENSES: Goals ignature - Preparer Date Quarter 1 December 31 $0.00 Quarter 2 March 31 $o.00 Quarter 3 Quarter 4 June 30 September 30 Signature -Award Administrator Date Total $0.00 $0.00 $0.00 $0.00 $o.00 $o.00 $0.00 $0.00 $o.00 $0.00 Agreement for Services — CFW / Arts Council FY2016 Page I 1 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 $1 million or more $450,000 -$999,999 $50,000 -$449,999 $49,999 or less 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. Maximum Award - Operating Support 5% of Operating Budget 10% of Operating Budget 15% of Operating Budget 20% of Operating Budget There is no current maximum dollar limit for requests, but grant awards must not be more than 50% of project budget and require a 1:1 cash match. Agreement for Services — CFW / Arts Council FY2016 Page 12 of 12 City of Fort Worth, Texas ayor an• ouncil ommunication COUNCIL ACTION: Approved on 10/27/2015 DATE' Tuesday, October 27, 2015 LOG NAME* 13ARTS COUNCIL FY2016 SUBJECT: Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of $1,377,500.00 from the General Fund to Promote Artistic and Cultural Activities for Fiscal Year 2016 (ALL COUNCIL DISTRICTS) REFERENCE NO.: C-27516 RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with the Arts Council of Fort Worth and Tarrant County, Inc., in the amount of $1,377 500.00 from the General Fund to promote artistic and cultural activities for Fiscal Year 2016. DISCUSSION: During the Fiscal Year 2016 budget process, the City Council approved financial support for the Arts Council of Fort Worth and Tarrant County, Inc. (Arts Council) in the amount of $1,377,500.00 from the General Fund The information below captures the allocation on how these funds are to be distributed for Fiscal Year 2016 ITEM = AMOUNT ;Grant Program Funding ;$ 1,127,500.00 'Management of Community Arts Center $ 200,000.00 !Management of Rose Marine Theater (Artes de la Rosa) 1$ 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 seventh year to partner with the Arts Council. The Arts Council will also use the funds in support of the Neighborhood Arts Program and for grants that support general operating costs of art agencies. These funds allow the Arts Council to continue to provide funding and leadership to stimulate and ensure the advancement of arts via assistance to non-profit organizations in the City of Fort Worth. The contract will include a requirement stating that these funds must be used for arts programming (exhibitions, installations performances, concerts, etc.) within the City. In turn, these projects enhance the cultural and artistic life of the community. This expense is budgeted in the General Fund. However, a reimbursement in the amount of $200,000.00 is anticipated from earnings of the Gas Lease Trust Fund. t10 "A 1 itirnn11A A T1/11\1 1 else OTICV+ A TIf'1A1. Logname: 13ARTS COUNCIL FY2016 Page 1 of 2 The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccountl Project ID ID Programtctivity FROM Fund Department lAccount Project ProgramActivity ID ID 10100 0906210 5330201 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. Budget Year Budget Year Reference # kAmouni (Chartfield 2) Reference # (Chartfield 2) Susan Alanis (8180) Aaron Bovos (8517) Terry Hanson (7934) Loraine Coleman (8542) Amount $1, 377, 500.00 Logname: 13ARTS COUNCIL FY2016 Page 2 of 2