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CM-2016-1225 - 11/4/2016CITY OF ROUND ROCK ARTS FUNDING AGREEMENT WITH WILLIAMSON COUNTY SYMPHONY ORCHESTRA 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 (the "Agency"), a non-profit corporation whose. address is 1007 Green Meadow Drive, Round Rock, TX 78664. Pursuant to the terms of this Agreement, for fiscal year 2016-2017, the City hereby agrees to allocate Two Thousand Five Hundred and No/100 Dollars ($2,500.00) 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 symphony orchestra performances. 1.2 Administration of Aueement. 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 for FY 2016-2017 seasonal support. 1.4 Distribution of Funds. The parties expressly acknowledge and agree that the distribution of the funds shall be allocated as follows: $2,500.00 under the project name "Williamson County Symphony Orchestra Performances" The City will pay the total sum of Two Thousand Five Hundred Dollars ($2,500.00) 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 acknowledges and agrees that it is legally responsible for spending the allocated funds before September 30, 2017. 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 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 funds. 1.9 Term of Agreement. This Agreement shall be in effect for the City's fiscal year which begins October 1, 2016 and ends September 30, 2017. 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: �,2 / % J . C�%S��QM A President/Chair, Board of Directors 'ajel"Chief Professi nal Officer (Paid Staff) < City Manager, City' of Round Rd k, Texas FOR CITY, ATTEST: By: Sara L. White, City Clerk [Type text] %loc"q4 / 2) 2-0 Date Signed Date Signed Date Signed City of Round Rock ROUND ROC I( TEXAS Agenda Item Summary Agenda Number: Title: Consider executing an Arts Funding Agreement with Williamson County Symphony Orchestra. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/4/2016 Dept Director: Will Hampton Cost: $2,500.00 Indexes: Attachments: Williamson County Symphony Orchestra Department: Communications and Marketing Department Text of Legislative File CM -2016-1225 Consider executing an Arts Funding Agreement with Williamson County Symphony Orchestra. Annual funding as approved by the Arts Panel along with the City Manager's approval. A final report is expected to be submitted by September 30, 2017 describing how these art funds were spent. Funds will be provided shortly after this agreement is approved by the City Manager. $2,500 HOT Funds - 71012002-5494 Staff recommends approval. City of Round Rock Page 1 Printed on 111412016