CM-11-12-257City Manager Approval Form
RECEIVED
DEC CK2011
Item Caption: Consider executing Arts Funding Agreement with the Williamson County Symphony Orchestra Society fob
Approval Date: December 21, 2011
Department Name: Finance Department
Project Manager:
Assigned Attorney:
Cheryl Delaney
1Kay Gayle
Item Summary:
A committee composed of two Councilmembers and City staff reviews and evaluates requests from local organizations to help
fund community events. These events must take place in Round Rock and must encourage, promote and enhance the arts in
Round Rock. The committee recommends the City Manager approve a funding agreement with the Williamson County Symphony
Orchestra in the amount of $4,000 for symphony concerts.
No. of Originals Submitted: 2
Project Name: FY11-12 Arts Funding
Cost: $4,000
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number: 5655-100-19000
Finance Director Approval: Cheryl Delaney
Date: 12/20/11
Department Director Approval: Cheryl Delaney Date: 12/20/11
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.**
CIP 0 Budget
N/A OK N/A OK
0 111
Purchasing
Accounting
0
N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Finance
Project Name: Ans Funding Agreement
Protect Mgr/Resource: chary! Delaney ContractorNendor: Williamson County Symphony Orchestra Society
Council Action:
ORDINANCE
Agenda Wording
a RESOLUTION
City Manager Approval
CMA Wording
Consider executing Arts Funding Agreement with the Williamson County Symphony Orchestra Society for $4,000
Attorney Approval
ttorney
Notes/Comments
Date
City signs first.
0awdox\SCCInts10117%11021CONTRACT\00239187.XLS Updated 6/3/08
EXECUTED
DOCUMENT
FOLLOWS
t
CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
WILLIAMSON COUNTY SYMPHONY ORCHESTRA SOCIETY
This Arts Funding Agreement (the "Agreement") is made by and between the City of
Round Rock, Texas (the "City") and the Williamson County Symphony Orchestra Society
(the "Agency"), a non-profit corporation whose address is 1007 Green Meadow Drive, Round
Rock, Texas 78664. Pursuant to the terms of this Agreement, for fiscal year 2011-2012, the City
hereby agrees to allocate Four Thousand and No/100 Dollars ($4,000.00) 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 its annual four -concert -series (nine
total performances) to promote and enhance the arts by showcasing local musical
talent, securing recognition for orchestral artists and local venues, and
establishing a forum by which to create a thriving community musical
performance scene and sense of place through the creative arts.
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 solely for the following activities/services in Round
Rock: to produce its annual four -concert -series (nine total performances) to
promote and enhance the arts by showcasing local musical talent, securing
recognition for orchestral artists and local venues, and establishing a forum by
which to create a thriving community musical performance scene and sense of
place through the creative arts.
1.4 Distribution of Funds. The parties expressly acknowledge and agree that the
distribution of the funds shall be allocated as follows: $4,000.00 under the project
name "Concert Series."
The City will pay the total sum of Four Thousand Dollars ($4,000.00) 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, 2012.
1.6 Return or Repayment of Funds. The Agency expressly acknowledges and
agrees that it is legally responsible for returning, within sixty (60) 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.
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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 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;
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.
2
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
k. The Agency shall complete and timely submit the attached "City of Round
Rock Post Event Funding Report."
1.9 Term of Agreement. This Agreement shall be in effect for the City's fiscal year
which begins October 1, 2011 and ends September 30, 2012.
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 Assignability. This Agreement cannot be assigned or transferred in whole or in
part without the written consent of both the City and the Agency.
EXE UTED BY:
Age
y President/Chair, Board of Directors
on e
Chief Profess' •nal Officer (Paid Staff)
J1(4' City Manager, ity of Round R. ,' k, Texas
FOR CITY, ATTEST:
Sara . White, City Secretary
By:
FOR CITY, APPROVED AS TO FORM:
By:
1 .vim Win• - _ y
G
3
Date Signed
Date Signed
City of Round Rock
Post Event Funding Report
This report must be completed and returned to the City of Round Rock no later than sixty (60) days after your program or event. If the
total amount of funds were not used or were not lawfully used, then those funds must be retuimed or repaid to. the City of Round Rock
within the same 60 day timeframe. Receipts and proofs of payment are not required but should be maintained by your agency in the
event that the City needs to inspect them.
Submit your report to Misty Gray at 221 E. Main Street, Round Rock, TX 78664 or mgray@round-rock.tx.us.
Organization Details ': ;: ``
Organization Name:
Contact Person & Title:
Address:
Telephone number:
Fax number:
E-mail:
Pro amlEvent Details
Program or Event Name:
. rogram/Event Location:
.
Date of Program/Event:
CORR Funding Amount:
$
CORR Funds Spent:
$
Expected Attendance:
Actual Attendance:*
Specifically describe how City of Round Rock (CORR) funds were spent: Should mirror request in original
application.
PrograiniEvent Expenses ";
Please list the amount of City of Round Rock funds used for each of the following categories: Add additional
rows if needed.
Category
Amount
Personnel
$
Administrative/Office Expenses: Supplies, telephone, utilities, postage, etc.
$
Promotional materials
$
Other (Describe):
$
Total (must equal City of Round Rock funds originally requested)
$
Signature
Title
Date
2011-2012 City of Round Rock Post Event Funding Report