CM-2017-1529 - 10/27/2017CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
ROUND ROCK COMMUNITY CHOIR
This Arts Funding Agreement (the "Agreement'') is made by and between the City of
Round Ruck, Texas (the "City") and the Round Ruck Community Chair (the "Agency"), a
non-profit corporation whose address is PO Box 1142. Round Rock, TX 78680. Pursuant to the
terms of this Agreement, for fiscal year 2017-2018, the City hereby agrees to allocate Five
Thousand and No/100 Dollars ($5.000.00) to the Agency to fulfill the public and municipal
purposes outlined by the City and the Agency herein.
1.1 Purpnge. The Citv has in good faith determined that this Agreement serves a
public and municipal purpose. fhis public and municipal purpose includes, but is
not limited to, the Agency's efforts to produce multiple Community Choir
performances.
1.2 Administration of Agreement. 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 FY 2017-2018 seasonal support.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that the
distribution of the funds shall be al located as follows. $5,000.00 under the project
name "Round Rock Community Choir Performances"
The City will pay the loin] sum of Five Thousand Dollars (S5,000.00) to the
Agency at such time as the funds have been approved by the City for
disbursement. Said payment is contingent upon (lie 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
September 30. 2018.
1.6 Return or Renavnlent 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 Relutiunshin 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, shali be deemed or construed to make the Agency the
6A-4 - 2017 - /5-4
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, die City and the Agency agree to certain basic principles which are
essential to maintain community acceptance and support, which are as follows:
n. 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. fhe 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;
f. 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;
i. The Agency shall be responsible fur generation of support for its
programs, and shall not rely solely on the City for funding of its programs;
j. Me 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. Me 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 Aereement. This Agreement shall be in effect for the City's fiscal year
which begins October 1. 2017 and ends September 30. 2018.
1.10 Entire Aereement. 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 Assiunahility. This Agreement cannot be assigned or transferred in whole or in
part without the written consent of both the City and the Agency.
EXECUTED BV:
C;D A4
ency President/Chair, Board of Directors
Agency Chief ryfessional OITijStaff}
City Mamag o Round Rock, Texas
FOR CITY, ATTEST:
By:
Sara L. White, City Clerk
/d-//- a o I
Date Signed
/G /t/— Zoic
Date Signed
[0'?—q 'trr
tl-
Date Signed
1
City of Round Rock
1
a
ROUND ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing an Arts Funding Agreement with Round Rock Community
Choir.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/27/2017
Dept Director: Will Hampton
Cost: $5,000.00
Indexes:
Attachments: RR Community Choir 2017-2018 signed agreement, RR Community Choir
LAF
Department: Communications and Marketing Department
Text of Legislative File CM -2017-1529
Consider executing an Arts Funding Agreement with Round Rock Community Choir.
Seven arts groups submitted arts grant applications with all required attachments to the
City of Round Rock Arts and Culture Director for the 2017 - 2018 fiscal year. These seven
arts organizations have a five year funding history with the City of Round Rock Arts and
Culture office and all organizations have outstanding artistic achievement that provide
great work in our wonderful community. A final report is expected to be submitted by
September 30, 2018. Funds will be provided shortly after this agreement is approved by
the City Manager.
Cost: 35,000
Source of Funds: HOT Funds
City of Round Rock page 4 printed on 40/24/2047