CM-2014-579 - 10/24/2014City of Round Rock
Ro gNeRO[K Agenda Item Summary
Agenda Number:
Title: Consider executing an Arts Funding Agreement with Round Rock
Symphony Orchestra.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/24/2014
Dept Director: Will Hampton, Communications Director
Cost: $3,000.00
Indexes: General Fund
Attachments: Round_Rock_Symphony_Orchestra.pdf
Department: Administration
Text of Legislative File CM -7014-579
CHyo/Round Ro k P., I PdWW on IW. 14
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: Adminisyation Project Name: Ms Funding Agreement
Project MgNResOurce: Scat Wilkinson ContractorNendor: Round Rock Symphony Orchestra
x�City Manager Approval
CMA Wording
Consider executing an Arts Funding Agreement with Round Rock Symphony Orchestra.
Approval
Employee
EE Bowden v Date October 17, 2014
CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
ROUND ROCK SYMPHONY ORCHESTRA
This Arts Funding Agreement (the "Agreement") is made by and between the City of
Round Rock, Texas (the "City") and the Round Rock Symphony Orchestra (the "Agency"), a
non-profit corporation whose address is PO Box 2308, Round Rock, TX 78680. Pursuant to the
terms of this Agreement, for fiscal year 2014-2015, the City hereby agrees to allocate Three
Thousand and No/100 Dollars ($3,000.00) to the Agency to fulfill the public and municipal
purposes outlined by the City and the Agency herein.
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 Symphony Orchestra
performances.
2. Administration of Agreement The City shall administer this Agreement.
3. Use of Funds. The Agency expressly acknowledges that the funds provided to it
by the City will be used for FY 2014-2015 seasonal support.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that
the distribution of the funds shall be allocated as follows: $3,000.00 under the
project name "Round Rock Symphony Orchestra Performances"
The City will pay the total sum of Three Thousand Dollars ($3,000.00)
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
funds before September 30, 2015.
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 eventlactivity/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
CM-zou-4 - 5,9
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 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
[Type text]
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;
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;
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
L 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 Agreement. This Agreement shall be in effect for the City's fiscal
year which begins October 1, 2014 and ends September 30, 2015.
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 Anigaability, 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:
L
Ag cy �PlllidBoard of Directors
Agency Chief Professional Officer (Paid Staff)
i
City Manager, City o Round Rockjeas
FOR CITY, ATTEST:
` /,/— I'
Date Signed
Date Signed
/D,z8-i�,
Date Signed