CM-12-09-182ROUND ROCK, TEXAS
PURPOSE.. RlS51ON. PROSPERITY.
01 j-/2-0?-1S2RECEIVED
SEP 13 2012
City Manager Approval Form
Item Caption: Consider executing an Arts Funding Agreement with the Williamson County Symphony Orchestra for $3,a
Approval Date: September 14, 2012
Department Name: Finance Department
Project Manager: Cheryl Delaney
Assigned Attorney:
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 $3,000 for concerts.
No. of Originals Submitted: 2
Project Name: FY2012-2013 Arts Funding
Cost: $3,000
Source of Funds: General Fund
Source of Funds (if applicable): Select Source Fund
Account Number: 5655-100-12000
Finance Director Approval: Cheryl Delaney
Date: 9/11/12
Department Director Approval: Cheryl Delnaey
Date: 9/11/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP I I n Budget ri
N/A OK N/A
OK
Purchasing
N/A
OK
Accounting n
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
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 2012-2013, 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.
1.1
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 free symphony orchestra concerts.
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 free symphony orchestra concerts thus promoting and
enhancing 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: $3,000.00 under the project
name "Concert Series."
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, 2013.
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 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.
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 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."
1.9 Term of Agreement. This Agreement shall be in effect for the City's fiscal year
which begins October 1, 2012 and ends September 30, 2013.
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.
EXECUTED BY: ll
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A President/Chair, Board of Directors 1,, •
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Dat Signed
Agen�- Profes ...1 Officer (Pd Staff) Date Signed
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City Manager, i y of Round Rock, Te : s Date Signed
FOR CITY, ATTEST:
By:
Sara L. White, City C1N4
FOR CITY, APPROVED TO FORM:
By:
Stephan L. Shits, City Attorney