CM-2017-1466 - 9/1/2017CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
SAM BASS COMMUNITY THEATRE
This Arts Funding Agreement (the "Agreement") is made by and between the City of
Round Rock, Texas (the "City") and the Sam Bass Community Theatre (the "Agency"), a
non-profit corporation whose address is 600 North Lee Street, Round Rock, TX 78664. Pursuant
to the terms of this Agreement, for production of "A Streetcar Named Desire", the City hereby
agrees to allocate Two Thousand Five Hundred and No/100 Dollars ($2,500.00) to the
Agency to fulfill the public and municipal purposes outlined by the City and the Agency herein.
1.1 Purpose. The City has in good faith determined that this Agreement serves a
public and municipal purpose. This public and municipal purpose includes the
Agency's efforts to produce "A Streetcar Named Desire" performance.
1.2 Administration of ALrreement. The City shall administer this Agreement.
1.3 Use of Funds. The Agency expressly acknowledges that the funds provided to it
by the City will be used for the performance of "A Streetcar Named Desire".
1.4 Distribution of Funds. The parties expressly acknowledge and agree that the
distribution of the funds shall be allocated as follows: $2,500.00 under the project
name "Sam Bass Community Theatre Performance."
The City will pay the total sum of Two Thousand Five Hundred Dollars
($2,500.00) to the Agency at such time as the funds have been approved by the
City for disbursement. Said payment is contingent upon the Agency timely
submitting all necessary and/or City -requested documentation.
1.5 Deadline for Expenditure of Funds. The Agency expressly acknowledges and
agrees that it is legally responsible for spending the allocated funds before
October 1, 2017.
1.6 Return or Repayment of Funds. The Agency expressly acknowledges and
agrees that it is legally responsible for returning, within thirty (30) calendar days
from date of the funded event/activity/facility expenditure, any funds not spent on
the approved event/activity/facility, and/or any funds spent but which do not
mirror items outlined in the Agency's completed applications for funding, and/or
any funds not spent in accordance with this Agreement or governing statutes.
1.7 Relationship of Parties. Nothing contained herein, either explicitly or implicitly,
shall be deemed or construed to make the City the agent, servant, or employee of
the Agency, or to create any partnership, joint venture, or other association
between the City and the Agency. Alternatively, nothing contained herein, either
explicitly or implicitly, shall be deemed or construed to make the Agency the
14,41-2Z)i-7. lq[4,
agent, servant, or employee of the City, or to create any partnership, joint venture,
or other association between the Agency and the City.
1.8 Principles and Controls. In administering the handling of contributed public
funds, the City and the Agency agree to certain basic principles which are
essential to maintain community acceptance and support, which are as follows:
a. The Agency shall maintain its status as a voluntary, non-profit corporation
under section 501(c) (3) of the Internal Revenue Code, unless exempted
by federal guidelines;
b. The Agency shall remain in good standing under the laws of the state of
Texas;
C. The Agency shall notify the City of major programmatic and
administrative changes which could substantially affect the Agency's
operation and service delivery, or its activities;
d. The Agency shall actively maintain a current list (including term of office)
of the Agency's directors, as well as regular meeting times of its board of
directors, and shall provide same to the City;
e. The Agency shall actively maintain minutes of its board meetings and
detailed financial reports which include detailed comparisons of budgeted
and actual activity and change in financial position, and shall provide
same to the City. Such reports shall be attested to by the Agency's board,
and shall be provided on a regular and timely basis, or more frequently as
specifically requested by the City,
E The Agency shall provide adequate liability insurance coverage for the
Agency, and does hereby hold harmless the City and its employees,
designees, and agents from any and all liability for any damage or injury
caused to any employee, client, patron, agency, visitor or guest of the
Agency;
g. If an independent public accountant prepares an annual audit or review in
accordance with generally accepted accounting standards, the Agency
shall provide a copy of such report to the City;
h. The Agency shall prepare a detailed annual budget, translating program
service plans into financial terms, and shall provide a copy of this budget
to the City. Such budget must have comparative columns showing
previous year and current year actual and proposed budget figures.
Revenues should be categorized by major source and expenses categorized
by purpose;
L The Agency shall be responsible for generation of support for its
programs, and shall not rely solely on the City for funding of its programs;
j. The Agency shall allow the City to conduct inspections of the Agency's
premises and operations at any time the City deems it necessary and/or
beneficial to the City, and the Agency shall allow the City to conduct
audits of the Agency and its financial records at any time the City deems it
necessary and/or beneficial to the City; and
k. The Agency shall complete and timely submit the attached "City of Round
Rock Post Event Funding Report." Included with this report, the Agency
must include receipts for all expenditures of allocated City funds.
1.9 Term of ALreement. This Agreement shall be in effect from August 1, 2017 and
ends October 1, 2017.
1.10 Entire Agreement. This Agreement constitutes the entire agreement between the
City and the Agency. No oral agreements are in effect pertaining to this
Agreement. Any changes or modifications to this Agreement must be made in
writing with the consent of both parties, duly acted upon by formal action of the
City Manager or City Council of the City of Round Rock, and by the governing
body of the Agency.
1.11 Assignability. This Agreement cannot be assigned or transferred in whole or in
part without the written consent of both the City and the Agency.
EXECUTED BY:
Ag cy Presi ate, hoard of Directors
Agen y Chief Professional Officer (Paid Staff)
City Manager, City of Round Rock, 'uxas
FOR CITY, ATTEST:
By: _ VQAJZ—, I A �tt
Sara L. White, City Cler
o 2 s z6
Date Si ed
Date Signed
q -/-.z1117
Date Signed
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing an Arts Funding Agreement with the Sam Bass
Community Theatre for production of "A Streetcar Named Desire."
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/1/2017
Dept Director: Will Hampton
Cost: $2,500.00
Indexes: Hotel Occupancy Tax Fund
Attachments: Sam Bass Comm Theatre Contract, CM Approval Sam Bass Comm Theatre
Department: Communications and Marketing Department
Text of Legislative File CM -2017-1466
Consider authorizing an Arts Funding Agreement with the Sam Bass Community Theatre
for production of "A Streetcar Named Desire."
Sam Bass Theater is being awarded $2,500 for a full season of performances. Funding
from the City of Round Rock Arts and Culture is available for the encouragement,
promotion, improvement and application of the arts, including music (instrumental and
vocal), dance, drama, folk art, creative writing, architecture, design and allied fields,
painting, sculpture, photography, graphic and craft arts, motion pictures, television, radio,
tape and sound recording, and the arts related to the presentation, performance, execution
and exhibition of these major art forms; and historical preservation and restoration.
Cost: $2500
Source of Funds: HOT Funds 710-12002 5494
City of Round Rock Page 1 Printed on 813112017