HomeMy WebLinkAboutContract 46127�r� ���� �
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AGRE�ii��NT FOR S�RVICES
THIS AGR�ERfiEWT FOR SERVECES ("Agreement") is made and entered into by and between
�'HE CITY OF FORT WORTH, a home rule municipal eorporation of the State of Texas (hereinafter
referred to as "City"), acting by and through its duly authorized Assiskank City Manager, and ARYS
CDUNCIl� O� FORT WORiH AN� TARRAPIT' COl1NiY, INC., a Texas non-profit corporatian
(hereinafter referred to as "Cantractar"), acting by and through its duly authorized President.
RECITALS
WH�R�AS, Contrac#or administers the Neighborhood Arts Program and the Grants Program for the Arts
to pro�ide the funding and leadership to stimulate and ensure the advancement of the Arts througf�ouk t�e
entire community; and
WH�REAS, such services ser�e a public purpose in promoting artistic and cultural activities which benefit
the Fort Worth community; and
WHEREA5, City and Contractor desire to enter into a contract to have such services provided which
benefit the Fort Worth community khrough the support of the variaus organizations including Artes de la
Rosa and the C�mmunity Arts Center.
NOW, THEREFORE, in consideration of the mutual co�enants herein expressed, the parties agree as
fol lows:
AGR�EIV�ENT
1. SCOP� OF S�RVICES.
Contractor covena�tts and agrees to fully perform, or cause tp be performed, with good faith
and due diligence, all services and objectives described in Exhibit "A," attached and incorparated herein
for all purposes inci�ent to this Agreement ("Services"J.
2. CDIVIP�NSAYION.
a. fn consideration of the Services to be pertormed hereunder by C�ntractor, City prornises and agrees
to pay Contractor in one installment the sum of One Million, Three Hundred 5eventy-Seven 7hausand
Five Hundred Dollars ($1,377,500.Oa) ("�unds") prv�ided, howerrer, that these funds shall he
expended salely for arts pragramming (exhibitions, installations, performances, concerts, atc.j
within the City. For Fiscal Year 2075, Confractor shall distribute these funds as follows:
l��N1
�rant Program Funding
Management �ot Commun[tv A��ts C'�nt�r
APROURlT
$1;127; 500.00
200,000.00
��?nagerr��nt af Rose Marine Theater (Artes de la Rosa � 50.�E}a.00
TQTAL
�$ i; 377; 500.00
.��, b. Contractor sf�all recei�e direct payment in tY�e amount af $1,127,500.Q0, all of which is to be distributed
� by Contractor via granis ko other organizations that are to be selected �y Contractor in accordance with
� the t�rms of this Agreement and in the exercise of Contractor's reasonable discretion. The organizations
� selected by Contractor and thase listed in the chart abave shall be referred to herein as "Recipients."
� Recipients af 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 Neighbarhood Arts
� Grants. With the exception of Neighborhood Arts Grants, al! grants greater than $'Efl,000.00 wil[ be
� distributed in qua�terfy installments payable in February, May, August, and No�ember 2015 while grants
� of $1Q,000.00 or less will be payable in one lump sum in February 20 -`�ig�cl�urho�� " rants will
� be payable in two payments, regardless of the amo�nt of the grar t,4�����fir���� . t equaling
r t, : �
�n$ f�'� ����i�l'�i��t.,
Agreement far Services — CFW / Arts Council FY2015 �:, ��� �� Page 1 af 12
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seventy-fiue percent (75%} of the grant award and being payable on ex�cution of the grant contract and
the second payment equaling twenty-five percent (25%) of ti�e grant award and being payable fallowing
completian of the project and submission of a final report.
c. �he City shal) disburse to Contractor a total of $250,0OO.OD for management of the City-awned
facilities known as the Community Arts Center and the Rose Marine Th�ater. Of this amount, Contractor
sha[I retain $2�0,�OO.OQ far its management pf the Community Arts Cent�r. Contractor shall distribute
the remaining $5Q,Q04.OQ to Artes de la Rosa for its management of the Rose Marine Theater.
Conkractor shafl make the disfribufion fo Artes de la Rosa in December 201�4 or as �oon a� #unds are
made a�ailable from the City.
3. REPORTING OF �XPENDITUR�S.
a. Contractor shall deliver to the City's Budget Offic� a quarterly sta#ement of the receipts and
expenditures of Funds ("Qua�terly Award Report") detailing how the Funds were expended by
Contractor itself and by each Recipi�nt to accomplish perforrr�ance of the Services. The quarterly
statement shall be in the same format as Section I of the attached Exhibit "B," which is
incorporated herein #or al[ purposes, and each such Quarterly Award Report shall be atkached
hereto, incorporated herein, and made a part of this Agreement for all purposes,
b, Eac� Quarterly Award Report must be prepar�d and signed by a Certified Public Accountant or
by a re�resentative of the Cantractor who has responsibility for maintaining Contractar's financial
accounts and records. If the Contractor deviates fram this reporting requirement, the Cantractor
will be considered in non-compliance with this Agreement,
c. Each Quarterly Award Report must be submitted to the Cifiy's Budget Office not later than the
15t" day of the first month after the end of each quarter. Therefore, each respective Querterly
Award Report must be submifited not laker than January 15, 2415, April 15, 2415, July 95, 2015,
and October � 5, 2015.
d. Any non-compliance by Contractor under Sectian 3 of this Agreement may jeopardize the
Contractor's ability to receive future funding from the City. in addition, failure to comply with
Sectian 3 or any other term of this Agreement, including, but nat limited to, requirements
regarding location af arts programming, may resulf in forFeiture o# grant monies not y�t disbursed
and/or required reimbursement of all monies awarded.
4. R�PORiING OF SERVIC�S.
Not later than the 15'h day nf the first month after the end of each quarter, Contractor shall submit
to the City's Budget Dffice a report of Services for itseif and each Recipient in ihe same format as
5ectian Il ofi t�e atteched �xhibit "B," which is incorporated herein for all purposes, and each such
Quarterly Award Report shall be attached hereto, incorporated herein, and mad� a part af this Agreement
for alf purposes. Therefore, each respective Quarterly S�rvices Report must be swbmitted nat later than
January 15, 2015, April 15, 2015, July 15, 2015, and October 15, 2415. Car�tractor and each Recipient
shall be subject to a re�iew by the City of its services and activities in performance of this Agreement.
5. 7�Rfi� AN� 7ERiVlIRlATION.
This Agresment shall be for a term beginning October 1, 2014 and ending Septerr�ber 3Q, 2015,
a. Either party may cancel this Agreement upon thirty (30} days' notice in wrifiing to the otfi�er
party of such intent to terminate.
b. The City may terminate this Agreement immediately for any violation by Contractor of Section
3, "RepQrting of Expenditures" or Section 4, "Reporting of Services,° above.
Agreement for 3ervices — CFW / Arts Council FY2015 Pagc 2 of 12
c. In the event no funds or insufficient funds are appropriated by the City {n any fiscal period for
any payme�ts hereut�der, City will notify the Cantractor of such occurr�nce, and this Agreement
shall �erminate an the fast day of the fiscal period for which appropriations were recei�ed 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 ha�e been appropriated.
d. ln the event of any termir�akion under this Section 5, Cantractor shall reimburse #a City all
Funds that Confractor has received under th�s Agreement for purposes af discretionary
distribufion but that it not otherwise committed ar encurnbered by contract. Contractar shall
incfude in its funding contract with each Recipient, that in the event of any terminatian of ihis
Agreement or a Recipient cantract, Recipient shall reimburse fo the City all Funds that Recipient
has receiv�d but that it has not otherwise cammitted or encumbered by contract.
6. RIGHT TO 14A0WITOR SERVICES.
Contractor covenants and agrees to fully coaperate with City in monitoring the e�ffectiveness of
f�e Services to be perfarmed under this Agreement, and City shall ha�e access at all r�asonable 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 #he Recipient agrees to fully cooperate wifh the City in
monitoring khe effectiveness of the Services to be performed under this Agreement, and Cify shall have
access at all reasonable hours fio offices and records of the Recipient fflr the purpose of such monitoring.
7. INDEPENDENT CONTRACTOR.
Contracfior shall operate hereunder as an independent contractar and not as an officer, agent,
servant, or empEoyee of Ciiy. Contractor shail have exclusive con#rol of and the exclusive righfi to control
the de#ails of the Services perForm�d hereunder and all persons perForming same and shall be sole�y
responsible for the acts and omissions of its officers, agenfs, servants, employees, subcontractors, and
program parkicipants. 7he doctrine of respondeat superior shaR not apply as between khe City and
Contractgr, its officers, agents, servants, employees, subcon#ractors, ar program participants. Nothing
herein shall be construed as creatin� a partnership or join� enterprise betweer� City and Cantractor. It is
expressly und�rstood and agreed that no officer, agent, employee, or subcontractor of Gontractor is in the
paid service of City.
8. �EABILITY AND �NDE14fiNIFICATION.
CIiY SHA�I� II� NO 1lVAY OR UNRER ANY C[RCl1AdIS7AMC�5 �� RESPONSIB�� FOFi ANY
PROP�RTY BELONGiNC 70 CONTRACTOR, tTS OFFIC�R5, AC�NTS, �iVIPL0Y�E5,
SUBCON�"RACTORS, PROCRAM PARYIGI�ANTS, OR RECIPIENTS THAT iVIAY BE �OS7', S70L�iJ,
D�STROYED, OR IN ANY WAY DA[V�AGED, CONTRACTOR Ii�R�BY ACR��S 70 IND�f�NIFY AND
HOLD HARfV�LESS THE CITY, ITS OFFICERS, ACENiS, APID �AAPLOY�ES FRO[VC AN� AGAINS�
ANY AND ALL CLAIiVIS OR SUtYS CONC�RNING 5UCH F'FZOPERTY. CONTRACTOR COV�RlANTS
A{�D AGREES TO �ND�riIINIFY, HOL� HARiVi�€SS AN� D�F�IVD, A�" ITS OWN �XPENSE, CIYY AN�
ITS OFFICERS, AG�NTS, SERVANTS, AND Efl�P�OY�ES FROAA AN� ACAINSY ANY AND ALL
CLAENiS OR SUITS FOR PRO��RTY LOSS OR DAf4fIA(9� ANaIDR P�RSONAL INJURY, IIVCLUnING
DEAiH, TO ANY AND r4�� P�RSONS, OF WHAiSOEVER K1ND OR CHARACT�R, L�VHETHER REAL
OR ASS�R7Ep, AFiISIWG OUi O� OR IN CONNECTION WIYH THE EXECUTION, PERFORAAAAICE,
ATT�MPTED F'�RF'OR�IIANCE, OR NONPERFORIViARlCE OF Y'HIS AGRE�A��NT' AND14R TH�,
OP€,RAl"IONS, ACTNf f1�5, AA1Q SERVlCES p�SCRiB�D HERf�IN, WHEiH�R OR NOT CAUS�A, lN
WHOLE OFi 1N PART; BY ALGEG�D N�CLIGENCE O� OFFICERS. AGENTS. SERVANTS.
ENJPL.OYEES. CONTRACiORS. OR SU�CONTRACTORS OF C1TY; AND CONiRACTOR HEREBY
ASSUlM��S ALL LIABfLIiY AhID RESPON5161�I�1f O� GITY AND IiS OFFfGERS, AC�fdTS,
SERVANTS, AND �MPLOY��S �OR ARlY AND ALL CLAIIiliS OR SUITS FQR RROP�RTY LOSS OR
DAfii�AGE ANDIOR PERSONAL INJURY, INCLUDINC n�A7H, i0 A[�Y ANA ALL PERSONS, O�'
VIIHATSOgVER KINDS OR CHARACTER, WH�7H�R REAL �R A55�RTED, ARISING OU7 OF OR 1N
CONN�Ci"ION WITH THF EXECUTION, PERFORfllYAIVC�, ATTEfVflPTED P€RF�RMANCE, OR WON-
PEItFORIV�ANCF OF THIS AGR�I��iIYEIVT A{VUIOR 7HE OP�RAilON5, ACTIVITI€S, AND S�RVIC�S
Agreement for Services — CFW / Arts Council FY2015 Page 3 of 12
D�SCRIBED HEREIN, WHETHER OR NOT CAUSEO 1N WHOL� OR 1N PAR�. �Y AL.LECEA
NE�LI�ENCE OF OFFlCERS. AGEN�S, SFRVANTS. EMPL.OYEES. CONTRACTORS, OR
SUBCONTRACTORS OF C1TY. CORlTRACTOR LIKEWISE COVENAN75 AND AGREES TO AND
DO�S MEREBY IiVDENiNIFY AND HOLD MARhIfL�SS CITY FRONV AN❑ AGAIRlS� ANY AND ALL
INJURY, DA{ViACE, OR DES�RUCYIOh+ OF PROP�RYY O� CITY, ARISING OIJT 0� OR If�
CONNEC�IOfV lNITH ALL ACTS OR DMIS510RlS O� CONTR►4�TOR, IT5 OFFICERS, MEI�VBERS,
ACERliS, EI�PLOYEES, Sl1BCONTRACTORS, INl11TEES, LICERlSEES, PRDCR�►�+19 PAR�ECIPANTS,
OR RECIPIE[�TS, WHETHFR OR NOT CAUSED. !N WHOLE OR !N PAI7i: BY ALLEGED
NE{sL1GENCE OF OFF�CERS. AGENTS, SERVANTS, EMPLOYEES. CONiRACTORS, OR
SUBCONTRACTORS OF C1TY. CONTRACTOR AGREES TO AND SWAL� R�L�ASE CITY, !T5
ACENTS, EIUYPLOYEES, OFFICERS, AND LEGAL REPRESEfVYA�IVES �ROfVI ALL LIA�ILI�Y FOR
INJURY, �EI�TH, DAMAC�, OR LOSS TO PERSONS OR PROPgRTY SUSiAIM�D IN CDNNECYION
WITH OR IFdCIDENTAL 70 PERFORII�ANCf URlDER THIS ACRE�IVIENT, EV�N I� FH� IIVJURY.
DFATH. DAMAGE. OR LOSS 15 CAUSED BY ClTY'S SOLE OR CONCURR�NT 1�1�'GLIG�NCE.
Contractor shall require all of its suqcontractors and Recipients to include in thei� subconteacts a
release and indemnity in favor of City Cn substantially the same fo�m as abo�e.
ihis Section shall sur�ive the expieation or te�mination of this Agreement.
9. IViISAPPRORIAiION OF FUNDS.
In the event it is determined that Contractor or any Recipient has misused, misappfied, or
misapprapriated alf or any part of the funds �rovided hereunder, Contractor agrees ta indemnify, hold
harmless and defend fhe City of Fort Worth, its officers, agenis, servants, and employees, from and
against any and afl claims or suits resulting from such misuse, misappfication, or rr�isappropriatioro.
10. CHARITABLE IMIYIIUNITY.
If Contractor, as a charitable or nonprofik arganizatian, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damage or injurq, includir�g death, ta persons or
property, Contractor hereby express�y waives its rights to plead defensively such immunity ar exemption
as againsk �he Cify.
11. ASSICNflfl�NT AND SU�CON7RAC71NG. �
Cantractor shafl not assign or subconkract all or any part of its rights, privileges, or duties under
fhis Agreement withaut khe priar wriften consent af City, and any attempted assignment or subcontract of
same without such prior wriften appro�al shall be vaid and canstitute a breach af this Agreement.
1�. CO{4�PLIr4NCE WITH LAWS, ORDINANCES, RULES AIdD R�CULAYIONS.
Contractor, its afficers, agents, employees, and subcanfractors shall abide by and comply with all
federal, state, and local laws, including all nrdinances, rules, and regulations o# City. It is agreed and
understood that, if City calls to the attenti4n of Contractor any such violation on the park of Gontractor ar
any of its officers, agents, emplayees, or subconfractors, then Contractor shall immediately desist from
and carrect such v�olation.
13. NORl�D15CRfiVIATION COlIENANT.
Contractor, in the execution, performance, or attempted perFormance of this contract and
Agreemenk, will not discriminate against any person or persons because �f disability, age, familial status,
sex, race, religion, color ar national origin, nor will Con#ractor permit its afficers, agents, emplayees, ar
subcontractors to engage in such discrimination. This Agreement is made and entered inta with
reference specifically to Chapter 17, Article III, Divlsion 3, af the Ci#y Code of fhe City of Fart VVo�th
("Discriminatian in Employment Practices"), and Contractor hereby covenants and agrees that Contractar,
its agents, employees, and subcontractors have fully comp�ied with all provis�ons of same and that no
Agreement far Setvices — CPUV / Arts Council FY2p 15 �age 4 of 12
employee or employee-applicant has been discriminated agains� by either Contractor, its agents,
emplayees, or subcontractors.
14. INSURANGE.
Contractor shall procure a�d shall maintain during the term of this Agreement the following
insurance coverage:
1. Commercial General Liabilitv fCGLI: $1,OQ0,000.00 per occurrence, with a
$2,OOO,Q�4.00 annual aggragate limit, in a form ti�at is acceptable to the City's
Risk Manager.
2. Non-Profit Oraanization Liabilitv or dirEctvrs & Officers Liabilitv: $1,000,000,00
per occurrence, with a$1,000,000.00 annual aggregate limit, in a form that is
aceeptable 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 sol�ency to the satisfaction of
the City's Risk Mar�ager.
Each insurance policy required herein s�af� be endorsed witE� a waiver of subrogation in fa�ar af the City.
Each insurance policy required by this Agreement {except far policies o# workers' compensation or
accidentlmedical 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' Campensation Act and shall
provide sufficient compensafion insurance ta protect C�ntractor and City from and against any and all
Workers' Compensation claims arising from the work and services prorrided under this Agre�ment.
15. f�IGHT Tt� AUDIi RECORDS.
Cantractar agrees that the Ciky shall, until the expiration of three (3} years a�t�r final payment
under this Agreement, have access to and the rEght to examine, whether in hard copy or electronic format,
any directly perti�ent books, documents, papers, and records of the Contractor invoivjng transactions
relating ta ihis Agreement. Contractor agrees that the City shall have access during normal working
hours to all necessary Coniractor facilities and shall be provid�d adequate and appropriate workspace in
arder to conduct audits in compliance with the provisions af this section. The Cify shall give Con#ractnr
reasona�le ad�ance 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 andlor the Recipient agrees that the Ciky 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, whefher in hard copy ar electronic format, any direcfly per#inent
boolcs, documents, papers, and records of such subcqntractor or Recipient invofving transactions relating
to the subcontract or this Agreement, and further that City shall have access during narma! working hours
to all subcdntractor ar Recipient facilities and shall be provided adequate and appropriafe warkspace in
order ta canduct audits in compliance with the provisiflns of this �aragraph. City shall give subcontractor
ar Recipient reasanable advance notice of intended audits.
This Seckion shalf survive the expiration or termination of this Agreemenk.
16. GOVERNING LA{IV AND VENUE,
This Agreement shall be go�erned by and construed in accordance with the laws of fhe State of
Texas. 5hould any action, whether reai or asserted, at law or in equity, arise out of the execution,
performance, or attempfed performance of khis Agreement, Wenue for said action shall lie in Tarrant
County, Texas.
Agreement for Services — CF W! Arts Counail PY2015 Page 5 of 12
��. �oTicEs.
Notices to be pro�ided hereur�der shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified maif, postage �repaid, ta �he address of the ather party s�own
bela�v:
�Enancial Management Services Cathy Neece Brown
Budget Office Interim Directar
City af F'ort Worth Aris Council of Fort Worth & Tarrant Caunty, Inc.
1Q00 Throckmorton St. 13�0 Gendy Street
Fart Worth, Texas 7fi102 Fort Worth, Texas 7fi1 Q7
(817) 392-8500 (817) 732-2360
18. N01111AIV�R.
The failure of City or Contractor to insist upan the perFarmance of any term or provision of this
Agreement or to exercise any right conferred herein shall not be consfrued as a waiver or relinquishment
to any extent of City's or Contractor's right to asserf or rely upon any such term or right on any future
occasion.
19. DiSC1.OSURE OF CONFLICiS AND CONFIDENTIAL INFORIIfiAT[ON.
Contractor hereby warrants to tf�e City �hat Contractor has made full �isclosure in writing of any
existing or pokential conflicts of interesf related ta Contraetor's services under this Agreement. In the
event tha# any conflicts of interesk arise during the time in which #his Agreement is in effect, Contractor
hereby agrees immediately to make full diselasure to the City in writing.
Contractor, for itself, its afficers, agents, and emp[oyees, further agrees that it shall treat all
infarmation provided to it by the City ("City Information") as confidentiaf and shall not disclose any such
infarmation ta a third party withouf the �rior wriften approval of the City. Contractor shall store and
maintain City Information in a secure manner and shall not allow unauthorized us�rs 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 6elieved to have been
compromised. ,
20. S�V��A�lLl7'Y.
If any pro►rision of this Agreement is held to be invalid, illegal, ar unenforceable, the validity,
legalifiy, and enforceability af khe remaining pro�isions shall not in any way be affected or impaired.
21. FORCE 19flAJ�URE.
7he City and Contractor shall exercise their besk 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; strifces, lockouts, ar other industrial disturbances;
acts of public enemies; wars; blocicades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prahibitions by any court, board, depar#ment, commission, or
agency of the United States ar ofi any state; declaration of a state of disaster or af emergency by the
federal, state, county, or City government in accordance with appficable law; issuance af a Level Orange
or L.evel Red Alert by the United States Department of Hameland Security; any arrests and restraints;
civil disturbances; or explosions; ar same other reasan beyond the party's reasonable control (each a
"Force Majeure Event"), the obliga#ions so affected by such Force Majeure E�ent will be suspended only
during the cantinuance of such event.
22. HEADI�IGS NOT CONYROLLING.
Agreement for Services — CFW 1 Arts Council EY2015 Page 6 of 12
Headings and titles used in this Agreemer�t are for reference p�rpvses only and shall not be
deemed a part of this Agreement.
23. REVIEW QF COUPlS�L.
The parties aeknowledge that each party and its counsel have had the opportunity to review and
revise this Agreemer�t and that the normal rul�s of construciion to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in th� interpretation of this Agreement ar any
exhibit hereto.
24. �NTIR�TY OF' AGR�EMENi.
This written instrument (together with all exhi�ifs and schedules attached hereto and incorporated
herein} constitutes the entire understanding of th� parties hereto concerning the subject matter and
transaction addressed herein. Any prior or contempora�eous, oraLor written agreement that purparts to
[' ' • '13..: 4.
vary from the terms her�of shall �e void. ' .f� ��':� :�.• ;��'ti;
, . , • . ,r r � . ' , x' ', ,�5 r f!,
, , . �•�; �: i`.` i
IN WIiNESS WHEREOF, the par�ies here#o have executed khis agreei�nent in��multiples in Fart Wartfi�,
Tarrant County, Texas, to be effective October 1, 2014.
CI7Y DF �ORT 1l�ORiH
S san anis
A ' nt City Manager
�ate: i� � Co � � I �'
ATTESi:
�'ary Kayserf_J� f /j`" �
City Secretary
a
Date: � ����� � '-i
�41 `
�� �`� '
�
APPR01�1� AS 70 FORM AND
'� , ti � r,
Deni��. McEI�[�
Assis�ant City At�orney
CONTRACY AUTHORIZATIOi�:
M&C: C-27036
Date Approved: October 14, 2014
ARTS COU �l. OF FORT 1i�IORTH AND
TARRAN Ol7NTY,IPIC.
Cathy N ece Brown
Interim Director
Date: `�� � ����
, AT s :
'� . J{�c,��
� ame: G�,�3-�,�,.a� �.-��.k�c�'�'
� itle; ��—� �
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Agreement for Services — CFW 1 Arts Council FY2p IS
Page 7 af 12
STAYE OF TEXAS §�
COUNTY OF iARRANT §
6EFOR� ME, the undersigned authority, a Notary Public in and for the 5tate pf Texas, an this
day personally appeared Cathy Neece Brown, known to me to �Oe the person whose name is subscribed
to the foregoing instrument and acknowledged to me that the same was the act of the A�ts Cour�cil of
Forrt lNor�h and iarrant Caunty, Inc. arld thaf she executed the same as the aci of said A�ts Council of
Fort Worth and Tarrrant County, Inc. for fhe purpose and cansideration therein expressed and in the
capaeity #herein skated.
GIVEIV UI�D�R MY HAND ANp SEAL OF OFFiCE this (.D day of��. , A.D. 2014.
-- . , .��
, --,—; - ---� J�WA�V1.
l�YCAMMI5SIONEXPIRES "
,�, �'�, ��� � Notary P�c in and for the State of Texas
: . _ ..
,
STAY� O� iEXAS §
COUNTY OF TARRAIdT §
BEFOFtE ME, the undersigned authority, a Notary Public in and for th� State of Texas, on this
day persona[ly appeared Susan ACanis, known ta me to be the person whose name is subscribed to the
foregoing fnstrument and acknowledged to me that the same was the act of the City of Fort IfVorth for
the purpos� and consid�ration therein expressed and in the capacity kherein stated,
GIV�N UNDER MY HAND AND S�AL �F �FFICE this day af , A,�. 2094.
Natary Public in and for the 5tate of Texas
Agreement for Serviees — CFW / flrts Cauncil FY2�15 Page 8 of 12
EXHIBIT A
Fiscal Yeap �015
PRQGRAIIfl SERVICE ACTII/ITI�S
Administration and monitorinq of cantracts:
- Annual Goal — Administrative costs af no more than 25%
- Annual Audit — Annual audi# performed by an independent audit firm
o Report submitted to City upvn completion
- Produce educatipn workshops for Arts Organizations within the City of Fort Worth
o Dne or more of the follpwing iopies - Nine-Ninety (990) CPA Training Workshops;
Preparation of Proper Financial Statemenks; Accounting and' Book[ceeping for �lon-Profi#s
(with emphasis on proper segregation af and accounting for organizational funds versus
personal funds}; Grant App�ication and Compliance; Ethics of Non-Profits
- Manage and Caordinate the arts grants program and conkracts for cultural services
1. Pro�ide far an apen, unbiased, and competitive grants process.
2. Ensure proposed grant activities consist of arts programming {exhibitions,
installations, pertormances, concerts, etc.) within the City.
3. �nsure diversity on grants panels.
4. Require frorri Recipients, and pra►ride to the City of Fort Worth, quarterly monitoring
of Recipients' gran# goals.
5. Ensure use of sound fiscal practices and encourag� best practices throughout
Recipient organizations.
- Act as a fiscal agent for the City of Fort Worth
o Provide pass-through funding fo R�cipi�nts as dir�cted by the City of Fort Worth pursuant to
Section 2 of this Agreement.
- Promote and credit the City af Fart Worth a� a critical partner in funding for th� arts.
1. Ensure the City of Fort Worth is credited in prinied materials
2. Promote and quantify the City of Fort Worth as a cultural destination to visitors
Audiences 5erved
Goal: Through confracts for culiural servrces wifh area aris organrzations, make available a variefy of
arts programmrng (events, performances, exhibits, and the like) tn residents of and vrsiiors to the
c;ry ofFart wo►tn:
General Operations:
Number served annually:
Youth served annually:
Admitted free of charge annually:
Neighbarhood A�ts Progfam (outreach):
Nurnber served annually
Yauth s�rved annually;
Number of presentation days:
Attendance drawn from Council districts;
150, Q00
70,flQ0
50%
250, OQfl
200,OQfl
70
8
Requrrement� Collect attendance data from af! Arfs Council funded arganrzafrons
- �ocumentation: quarterly summary attendance reports for both General Operations
and NAP-funded programs.
Goal.• Provide !ow-cost exhibit and educatian opportuni�res for artrsts and arts adminisfrators in the Cify:
Educaiional worksfi�ops presented annually 4
Community Arts Center Gallery and Theater Rental ann�aHy 30d days
Community Arts Center attendance annually 100,00�
Agreement f�r Services — GFW / Arts Council FY20IS Page 9 of i2
Requirement: Co!lecf usage data far a!� Arts Center-based evenfs
- Documentation: Workshop satisfaction survey statistics
- Documentation: Quarferly Arts Center traffic statistics
Agreement for Services — CFW / Flrts Council FY2015 Page 10 of 12
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EXHIBIT C
GRANTS PROGRAM DESCR[PTION
Grant funding shall be provided to eligible ar�s organizations through the following grant types:
Genera[ Operating Support
- Provid�s unr�stricted financial support for general and administrati�e cQsts.
- Applicants must be physicai[y located in Fort Worth, have Previous Year Earnings �"PYE"� af
$50,D00.00 or great�r, and at least 1 paid staff inember,
- Maximum potential awards are based on a percentage of PYE (5�o far Major Organizations, 10-
15% far Mid-sized). Due to funding limits, awards rarely approach maximum eligible amounts.
General Project 5uppart
- Pravides restricted financial support for a named project to be completed during the grant year.
Programming must take place in the city of Fort Worth.
- Grants are limi�ed to an $8,000.00 maximum amount, r�ust not be more than 5Q� of pr�oject
budget, and require a 1:1 cash match.
Neigf�borhood Arts Program Project 5upport
- Pro�icles restricted financial support far programming in traditionally ur�derserved areas of Fort
Worth (public schaals, community cer�ters, senior ce�ters, etc.). Requests must consist of a
named project to be compieted during the grant year. Please nate: the majority of NAP
programming focuses an presentations to yauth in public schools. This focus is reflected in NAP
projections af Audienc� Served.
- ihere is no current maximum dallar limit for requests, but grant awards must not be more than
50% of project budget and require a 1:1 cash match.
Mini Grants
- Provides restricted financial support far activities/costs not normally included in an
organization's operating budget (such as equipment purchases/technology upgrades, staff
travel/training, emergenty situazions, etc.).
- 5uccessful cornpletian of a mini grant is required of each first-time applicant to the Arts Council.
- Mini gran�s are IimEted ta $2,OOO.Da maximum, require a 1:1 cash match, and mus# not be more
than 50% of project budget,
Agreement for Services — CFW ! Arts Council FY241 S Page 12 of [2
(�s�t� o� �o%fi �/�i��ry ���'a�
�a��r ��� Co��c�� ��r�����c���o�
��UN��L A��i�N: A�ppr�ved osi '�Q!'€4f��1� — -- — — — -- �-- .
��.. . - �— _- _ ---- - -- --- -- -- � . _ .. _ _ __. —.—��
DATE: Tuesday, Ociober 14, 2014
LOG MAfV�E: 13ARTS COUNCIE, FY2015
REF�R�NC� NO.. G27036
5LIBJECT;
Aufhorize Execution of a Cantract with the Arts Cauncil of Fort Warti� and Tarrant Co�nty, Ir�c., in tF�e
Amount of $1,377,5QO.Q0 from the Generai Fund #o Promo#e Artistic and Cultural Activities for Fisca[ Year
20'I5 (ALL COUNCIL D15TR1CTS)
RECO�IIIIliENDATION:
Ifi is recommended that the Cify Council authorEze exec�fion of a contract with the Arts Cauncil af Fort
Worth and Tarrant County, Inc., in the amount of $1,377,50D.Q0 from the Generai Fund to prornafe artistic
and cultural acti�ities for Fiscal Year 201�.
DISC[JSSION:
DUring the Fis�al Year 2015 budget �rocess, the City Council appro�ed �inancial support for the Arts
Council of �ort Worti� ar�d Tarranf County, Inc. (Arts Council), in the amaunt of $�,377,500_00 frorr� the
General Fund. The informaiion below captures t�e a�locatian on haw these funds are to be distributed for
F'iscal Year 2415:
ram Fundi
na
na
ent of Community.Arts Cente�
_ .. __ � ._ ._ . _..._ . . .. . ..
ent of Rose Marine Theater �Ar
de I�
--- -- — -- —
�OTAL
_.......... .._..._............
U WT
_:_:__i4—.._ _, _.__:....—::.LL .....�.
�$ '! 127,5�0.�0
_^� � �Zao,000 oo�
� -�
; 50& 000. 00 �
--.: $'1,377,500.00 �
In order to streamline the allocation of funds to various organiza#ions, the City of Fart Worth {Ciiy) partn��-s
with the Arts Council to distribute �unds; thus, the City wil� make a singie payment in the amount of
$1,377,504A� to the Arts Council.
This is the City's sixth year to parkner with the Arts Gouncii. The Ar�s Courtcil wiil also use the funds in
support of t}�e Neighborhood Arts Program and far grants that support gene�al aperating costs of art
agencies. These funds allaw the Arts Council to continue to pro�ide funding and leadership ta stimulate
and ensUre the ad�ancement of arts �ia assistance to non-profit organizations in the Ciiy of Fort
Worth. The contract will include a requirement stating t�at these funds must be used for arts
pragramming (exhibitions, installations, perFormances, concerts, efc.) wi#hin the City. In #urn, these
projects enhance the cultur�l and artistic life ofthe community.
T�i's expense is budgeted in t�e General Fund. However, a reim�ursement �n t�e atnount of $200,000.00
is anticipated from interest earnings of the Gas Lease Trust Fund.
cicr+w� IEICAdRAAT[A�l lAC�Tltll+ATIl1G1.
Logname: 13ARTS COLTNCIL FY2D 15 Page 1 of 2