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HomeMy WebLinkAboutContract 41034 CITY SECRETARY AGREEMENT FOR SERVICES CONTRACT NO...�LA THIS AGREEMENT ("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 Karen L. Montgomery, its duly authorized Assistant City Manager, and ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, a nonprofit Texas organization (hereinafter referred to as"Contractor"), acting by and through Jody Ulich, its duly authorized President. RECITALS WHEREAS, Contractor administers the Neighborhood Arts Program and Grants Program for the Arts to provide the funding and leadership to stimulate and assure 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 the Artes de la Rosa, Fort Worth Sister Cities and Community Arts Center. NOW, THEREFORE, inconsideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. SCOPE OF SERVICES. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all services and objectives described in Exhibit "A," attached and incorporated herein for all purposes incident to this Agreement("Services"). 2. COMPENSATION. a. In consideration of the Services to be performed hereunder by Contractor, City promises and agrees to pay Contractor in one installment the sum of One Million Sixteen Thousand Two Hundred Fifty Three Dollars ($1,016,253.00)("Funds"). Contractor agrees that the funds for the Services shall be disbursed in the following amounts to the organizations listed below, who shall be referred to hereinafter as "Recipients" as follows: ITEM AMOUNT Arts Council of Fort Worth and Tarrant County $716,253.00 Artes de la Rosa (Rose Marine Theater) 501000.00. Fort Worth Sister Cities 50,000.00' Operation of Community Arts Center 200 000.00 TOTAL $1,016,253.00. 01" y b. Contractor shall receive direct payment in the amount of$716,253.00 to be distributed by Contractor to other organizations at Contractor's discretion. These funds shall be distributed to organizations through a competitive grant process. Additionally, grants greater than $10,000 will be distributed in quarterly installments, payable in February, May, August and November 2011. Those grants less than $10,000 will be payable in one lump sum in February, 2011. Neighborhood Arts Grants will be payable in one sum in February, 2011. Designated pass-through funds to the Recipients will be distributed in December, 2010 or as soon as funds are made available from the City. 3. REPORTING OF EXPENDITURES. a. Contractor shall deliver to the City's Budget Officer a quarterly statement of the receipts and expenditure ("Quarterly Expenditure Report") of Funds 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 the attached Exhibit"B Section I,"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 Expenditure Report must be prepared and signed by a representative of the Contractor that has received the Training for Citv of Fort Worth Fund Recipients: Reporting Requirements and Financial Tools Required to Complete the Reports ("Fiscal Training") no later than December 31, 2010, or by a Certified Public Accountant. If the Contractor deviates from this reporting requirement, the Contractor will be considered in non-compliance with this Agreement. c. Each Quarterly Expenditure Report must be submitted to the City's Budget Officer on a quarterly basis at the end of each three-month period 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, 2011, April 15, 2011, July 15, 2011 and October 15, 2011. 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. 4. REPORTING OF SERVICES. Not later than the 15th day of the first month after the end of each three-month quarter during the term hereof, Contractor shall submit a report of Services ("Exhibit B Section II") for itself and each Recipient to the City's Budget Officer. Therefore, each respective Quarterly Services Report must be submitted not later than January 15, 2011, April 15, 2011, July 15, 2011 and October 15, 2011. 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, 2010 and ending September 30, 2011. 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 CFW/Arts Council of Fort Worth and Tarrant County Services Agreement FY201 1 Page 2of12 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 it has received for purposes of discretionary distribution, but not otherwise committed or encumbered by contract, under this Agreement. Contractor shall include in its funding agreement with each Recipient, that in the event of any termination of this Agreement or a Recipient agreement, Recipient shall reimburse to the City all Funds it has received, but not otherwise committed or encumbered by contract. 6. TRAINING. The Chief Executive Officer, Executive Officer, or Chief Financial Officer of Contractor and each Recipient shall receive Fiscal Training no later than December 31, 2010. Evidence of receipt of such training shall be submitted to the City's Budget Officer. Contractor and each Recipient shall be responsible for training its representatives at its own cost and expense. 7. 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. 8. 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 respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, subcontractors, or program participants, and 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. 9. 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, WHICH 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 CF W/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 3 of 12 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 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 RECEIPIENTS, 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. 10. 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. 11. 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. 12. 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. 13. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Contractor, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, 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. 14. 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 CFW/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 4 of 12 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. 15. 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 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 per occurrence, with a $1,000,000 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 worker's compensation or accident/medical insurance 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 Worker's Compensation Act of Texas and shall provide sufficient compensation insurance to protect Contractor and City from and against any and all Worker's Compensation claims arising from the work and services provided under this Agreement. 16. 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 involving transactions 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 16 shall survive the expiration of the term of this Agreement. 17. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed under 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, attempted performance of this Agreement, venue for said action shall lie in Tarrant County, Texas. CFW/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 5 of 12 18. 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: Horatio Porter Jody Ulich Budget Officer President City of Fort Worth Arts Council of Fort Worth &Tarrant County 1000 Throckmorton St. 1300 Gendy Street Fort Worth, Texas 76102 Fort Worth, Texas 76107 (817) 392-2379 (817) 732-2360 19. 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 herein conferred 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. 20. 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 after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City 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. 21. 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. 22. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 23. 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. ('FW/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 6 of 12 24. ENTIRETY OF AGREEMENT. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. [SIGNATURES APPEAR ON FOLLOWING PAGE.] CFW/Arts Council of Fort Worth and Tarrant County Services Agreement FY201 1 Page 7 of 12 IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective October 1, 2010. ATTEST: CITY OF ORT WORTH ix �r oo ORT Karen L. n ornery Marty Hendr Fy Qoo 0, g City Secretary �o �ip10 Assistant City Manager Date: 1 `�`� o 0 J� Qy �Ca*I OQ QO T� APPROVED AS TO FORM AND LEG T C, .A ONTRACT AUTHORIZATION: b M&C: C-24550 Maleshia B. armer Assistant City Attorney Date Approved: 10/19/2010 Date: ' '' ""j�� ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY: ATTEST _V By: Name: Jody U 1ch Title: Preside Date: / D a Z L) f CT W/Arts Council of Fort Worth and Tarrant County Services Agreement FY201 I Page 8 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 Jody Ulich, 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 and that she executed the same as the act of said Arts Council of Fort Worth and Tarrant County 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. 2010. KAREN M.HOLCOMB rNota Public in and for the State of Texas My Commission Expires September 15,2014 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 L. Montgomery, 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. 2010. Notary Public in and for the State of Texas CFW/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 9 of 12 EXHIBIT A Fiscal Year 2011 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 upon completion - Annual Financial Training for CEO and Vice-President of Community Programs o Coordinate with Fort Worth Chapter of CPAs to attend training - Manage and Coordinate the arts grants program and contracts for cultural services 1. Provide for an open, unbiased, and competitive grants process. 2. Ensure diversity on grants panels. 3. Require from Recipients, and provide to the City of Fort Worth, quarterly monitoring of Recipients' grant goals. 4. 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. Assure 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 - Update Economic Impact Study to quantify the impact of the arts on Fort Worth o Coordinate with a designated vendor to update the 2006 Economic Impact Study Audiences Served Goal: Through contracts for cultural services with area arts organizations, make available a variety of arts programming (events, performances, exhibits, and the like) to residents of and visitors to the City of Fort Worth: General Operations: Number served annually: 150,000 Youth served annually: 70,000 Admittea free of charge annually: 50% Neighborhood Arts Program (outreach): Number served annually 250,000 Youth served annually: 200,000 Number of presentation days: 70 Attendance drawn from Council districts: 8 Requirement: Collect attendance data from all Arts Council-funded organizations - Documentation: quarterly summary attendance reports for both General Operations and NAP-funded programs. CFW i Arts Council of Fort Worth and Tarrant County Services Agreement FY201 Page 10 of 12 Goal: Provide low-cost exhibit and education opportunities for area artists and arts administrators: Educational workshops presented annually 4 Community Arts Center Gallery and Theater Rental annually 300 days Community Arts Center attendance annually 100,000 Requirement: Collect usage data for all Arts Center-based events - Documentation: Workshop satisfaction survey statistics - Documentation: Quarterly Arts Center traffic statistics CFR'/Arts Council of Fort Worth and Tarrant County Services Agreement FY2011 Page 1 I of 12 EXHIBIT B SECTION I/SECTION II QUARTERLY REPORT CF W/Arts Council of Fort Worth and Tarrant County Services Agreement FY201 1 Page 12 of 12 C 1 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o g o to 6 6 6 6 6 6 6 6 0 6 � x 2 R 2 0 _ � 0 i � 2 R o 0 0 U. R ® R R 2 \ cc E LU � i \ C m 2 O R \w k 0 n k\ n C C14 R R Lu O 2 k ® k u 2 E « ® n E $ / < cu ■ r ® C14 J V j k { Lo § . § ƒ ? 9 m _ C4 - \ A L CO S \ m w w 2 2f « e { e w U) a) U)o U 0 2 m z ) m = w ® c 2 = B ° � § E 2 0 k I s 7 § \ k \ » - ' w w w § \ \ \ LL � � 2 o 0 § e e S ® © ) o c § .. o m e c e Z 2 E \ § S f E LL f \ k w J $ \ § % 2 p •' 2 c c o o . o _: a ° E 0 c e e o COL CL r ; a c b Q Q « g 2 k ƒ I c § 2 ƒ / 4) 4) J ® o k ° 2 e z « u 0 e a 1 V) I I I I I n « I I Q I & a I a Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2010 Awl DATE: Tuesday, October 19, 2010 REFERENCE NO.: C-24550 LOG NAME: 02ARTS COUNCIL FY2011 SUBJECT: Authorize the Execution of a Contract with the Arts Council of Fort Worth and Tarrant County in the Amount of$1,016,253.00 from the General Fund to Promote Artistic and Cultural Activities for Fiscal Year 2011 RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with the Arts Council of Fort Worth and Tarrant County in the amount of$1,016,253.00 from the General Fund to promote artistic and cultural activities for Fiscal Year 2011. DISCUSSION: During the Fiscal Year 2011 budget process, the City Council approved financial support for the Arts Council of Fort Worth and Tarrant County (the Arts Council) in the amount of $1,016,253.00 from the General Fund. Rather than making multiple payments to various organizations, the City will partner with the Arts Council to distribute funds to programs, following a similar distribution process that was approved by the City Council for last year's budget process. The City will make a single payment of$1,016,253.00 to the Arts Council. The table below captures the allocation on how these funds are to be distributed for Fiscal Year 2011. ITEM AMOUNT Arts Council of Fort Worth and Tarrant County $716,253.00 Artes de la Rosa (Rose Marine Theater) $50,000.00 Fort Worth Sister Cities $50,000.00 Operations/Management of Community Arts Center $200,000.00 TOTAL $1,016,253.00 This is the City's second year to partner with the Arts Council to distribute funds to these organizations. These funds will allow the Arts Council to continue to provide financial assistance to non-profit organizations in Fort Worth for projects that enhance the cultural and artistic life of the community. The Arts Council will also use the funds in support of the Neighborhood Arts Program and in grants that support general operating costs of art agencies. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0906210 $1,016,253.00 CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14278&print=true&DocType=Print 11/1/2010 Page 2 of 2 Originating Department Head: Horatio Porter (2379) Additional Information Contact: Horatio Porter (2379) ATTACHMENTS 1. fundin verifcation.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14278&print=true&DocType=Print 11/1/2010