CM-2020-280 - 10/16/2020CITY 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 Rock, Texas (the "City") and the Round Rock Community Choir (the "Agency"), a non-
profit corporation whose address is PO Box 1142, Round Rock, Texas 78680. Pursuant to the
terrn.s of this Agreement, for fiscal year 2020-2021, 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 Purpose. The City has in good faith determined 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 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 between October 1, 2020 and September 30, 2021 for
seasonal support.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that
the distribution of the firnds shall be allocated as follows: S5,000.00 under the
project name "Round Rock Community Choir Pcrf'onnances"
The City will pay the total sum of Five Thousand Dollars ($5,000.00) 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. The Agency expressly acknowledges
and agrees that it is legally responsible for spending the allocated firnds before
September 30, 2021.
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
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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 Principles and Controls. In administering the handling of contributed
public funds, the City and the Agency agree to certain basic principles which arc
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;
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. Stich 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 iii.nds.
1.9 Term of Agreement. This Agreement shall be in effect for the City's fiscal
year which begins October 1, 2020 and ends September 30, 2021.
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.
1.1.1 Assignabilih". 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:
J-:�-
A envy President/Chair, Board of Directors
>t4—?
Age Chief P fessional Officer (Paid Staff)
City Manager, City of Round(Rock, Texas
FOR CITY, ATTEST:
By: •
Sara L. White, City Clerk
Date Signed
Z-0 Zar
Date Signed
Date Signed
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing Arts and Culture Grant Funding Agreement FY21 for
Round Rock Community Choir.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/16/2020
Dept Director: Will Hampton
Cost: $5,000.00
Indexes: Hotel Occupancy Tax Fund
Attachments: CMAF - Round Rock Community Choir, FY21 Round Rock Choir signed
agreement
Department: Communications and Marketing Department
Text of Legislative File CM-2020-280
These funds must be used between October 1, 2020 and September 30, 2021.
Cost: $5,000
Source of Funds: HOT Funds
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