CM-2022-253 - 10/28/2022CITY 0 ROUND ROCK
ARTS FUNDING AGREEMENT WITH
CI %SSIC U. SOUND INC
This Arts Funding Agreement (the "Agreement") is made by and between the City of
Round Rock, Texas (the ''Cit)") and the Classical Sound Inc. (the "Agency"), a non-profit
corporation %%hose address is 2006 Kimbrook Drive, Round Rock, Texas 78681. Pursuant to the
terms of this Agreement, for fiscal year 2022-2023, the City hereby agrees to allocate Two
I hous:and i i%c Hand rcd and Not'100 Dr.11ars (52,510.00; to to iulii ii pubhc an
municipal purposes outlined by the City and the Agency herein
1.1 Purpose, The Cite has in good faith determined that this Agreement serves
a public and municipal purpose_ This public and municipal purpose includes, but
iw rim limited to, the 11s?ency',, efforts to produce multiple Classical Concert
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 wiil be used between October I.2u22 and September 3u, 7u23 for
seasonal support.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that
the distribution of the funds shall be allocated as follows: 52,500.00 under the
p«oject name `Classical Sound Inc,
The City will pay the total sum of Two Thousand Five Hundred Dollars
(52,500.00) 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 ackno" ledges
and agrees that it is legally responsible for spending the allocated funds before
September 30, 2023.
1.6 Return or Repar-ment, of Funds. The Agency expressly acknoN%lcdgcs
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. Nothing4contained 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 Agentry Alternatively. nothing contained
herein, either explicitly or implicitly, shallAse deemed or construed to make the
Agency ilie agent, servani, or employee of the: City, or to crease 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 ac e'.ptanco 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 scf'ice deliven,, 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 progfam 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 categdrized by purpose,
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 prcmib.s and operations.; at any unn,: th,, 01i &C mmi .1
necessary and/or beneficial to the City, and the Agency shall allow the Cite
to conduct audits of the Agency and its financial records at am time the
City deems it necessary and/or beneficial to the City; and
k. The Aitcncv shall comploc and timeIN- ssibmit 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 Agreement. This Agreement shall be in effect for the Citv's fiscal
year which begins October 1, 2022 and ends Septemt)er 3u, 2023.
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
»siting %vith ft3 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 Assianability. This Agreement cannot be assigned or transferred in %%hole
or in part NNrithout the written consent of both the City and the Agency
EXECUTED BY:
crr P of U�ilcg/d �Nr.
Agency President/Chair, Board of Director`s/ Da a
nSt{ ned
3 lu 44 ejq h
C of Professional Officer (Paid Staff) Date Signed
City Man ger, City of Round Rock, Texas
FOR CITY, ATTEST:
B
MeagPhnSpinarks,k
1DY.�d�02�
Date Siioned
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider authorizing Arts and Culture Grant Funding Agreement FY23 for
Classical Sound Inc. to produce multiple concert performances.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/28/2022
Dept Director: Sara Bustilloz, Director
Cost: $2,500.00
Indexes: Hotel Occupancy Tax Fund
Attachments: Agreement, City Manager Approval Form
Department: Communications & Marketing
Text of Legislative File CM-2022-253
The Arts and Culture Grants is a program of the City of Round Rock to grant money from the Hotel
Occupancy Tax Fund to local nonprofit arts and culture groups.
The City of Round Rock Arts and Culture offers financial assistance for the costs associated in Round Rock
with a full season of projects, performances, or events within a twelve month period as well as costs
associated with a single project. Funding assistance is not to exceed $5,000 per applicant and is limited to
no more than fifty percent of the applicant's season or project expenses.
Funding from the City of Round Rock Arts and Culture is available for the encouragement, promotion,
improvement and application of the arts. This grant is intended to support the production of multiple
concert performances by Classical Sound Inc.
Cost: $2,500
Source of Funds: Hotel Occupancy Tax Fund
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