CM-2017-1528 - 10/27/2017CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
PENFOLll T1IE,ATRE COMPANY
This Ards Funding Agreement (the "Agreement") is made by and between the City of
Round 1lt;ock, Texas (Elie "City") and the Tenfold Theatre: Company (the "Agency"), a non-
profit corporation whose address is PO Box 81044. Austin, TX 75757. Pursuant to the terms of
this Agreement, for fiscal year 2017-2018. the City hereby agrees to allocate Five 'Thousand
and No/100 Dollars (55,000.00) to the Agency to fiilfill the public and municipal purposes
outlined by the City and the Agency herein.
1:.1 Purpose. The City has in good luitli dctcmlined that this Agreement serves a
public and municipal purpose. This public and municipal purpose includes, but is
not limited to, the Agency's efforts to produce theatre productions.
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 fur FY 2017-2018 Seasonal support.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that the
distribution of the funds shall be allocated as follows: $5,000.00 under the project
name "Penlold Theatre Company Performances"
The City will pay the total sum of Five Thousand Dollars (.55,000.00) 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. flit Agency expressly acknowledges and
agrees that it is legally responsible for spending the allocated funds before
September 30, 2018.
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 ror funding. and/or
any funds not spent in accordance with this Agreement or governing statutes.
1.7 Relationship of Parties. Nothing contained hereitu, 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 mztke the Agency the
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 Princinles and Controls. In administerinb the handling oJ' contributed public
hinds, 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-prolit corporation
under section 50I(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 lerni of office)
of the Agency's directors, as weii as regular meeting times of its board of
directors, and shall provide satne 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 hoard.
and shall be provided nn a regular and tiniely basis, or more frequently as
specifically requested by tits City;
E The Agency shall provide adequate liability insurance coverage for the
Agency, and docs hereby hold harmless the City and its employees,
designees, and agents from any and all liability for any damage or utjury
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 ol'such report to the City:
h. The Agency shall prepare a detailed annual budget,, translating pro -ram
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 for generation of support for its
programs, and shall not rely solely on the City for funding ot'its programs:
]. 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 C'ityt wid 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 bencricial to the City. and.
1r. The Agency shall complete and timely submit the attached "City of Round
Rock Post F.ircm Funding Report." Included with this report, the Agency
trust include receipts for all expenditures of allocated City funds.
1.9 Term of Agreement. This Agreement shall be in effect for the City's fiscal year
which begins October 1. 2017 and ends September a0, 2018.
1.10 Entire Agreement. This Agreement Constitutes the entire agreement between the:
City and the Agency. No oral agreements are in cllcet 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 ol'the City of Round Rock, and by the governing
body of the Agency.
1.11 Assignability- This Agreement cannot be assigned or translerrcd in whole or in
part without the written consent of both the City and the Agency.
EXECUTED BY;
11114v —
Agency resident/Chair, ofDirectors
Ag r Chief Professional Officer (Paid Stall)
1'tT-r-A • City Manager. City of Round Rock, Texas
F'OR CI'TY, ATTEST:
Ry: . �2� - _e-- _d)
Sara L. White. City Clark
lU I.90 l
Date Signed
10 AX_A-kC �7
Date Signed/
Io vT ,14
Date Signed
City of Round Rock
ROUND ROCK
X
Agenda Item Summary
Agenda Number:
Title: Consider executing an Arts Funding Agreement with Penfold Theatre
Company
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/2712017
Dept Director: Will Hampton
Cost: $35,000.00
Indexes:
Attachments: Penfold Theatre 2017-2018 Signed, Penfold Theatre LAF
Department: Communications and Marketing Department
Text of Legislative File CM -2017-1528
Consider executing an Arts Funding Agreement with Penfold Theatre Company
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
Chy of Round Rock Page 1 Printed on 10/2412017