CM-2016-1229 - 11/4/2016CITY OF ROUND ROCK
ARTS FUNDING AGREEMENT WITH
PENFOLD THEATRE COMPANY
This Arts Funding Agreement (the "Agreement") is made by and between the City of
Round Rock, Texas (the "City") and the Penfold Theatre Company (the "Agency"), a non-
profit corporation whose address is PO Box 81044, Austin, TX 78708. Pursuant to the terms of
this Agreement, for fiscal year 2016-2017, the City hereby agrees to allocate Five Thousand
and No/100 Dollars ($5,000.00) 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 theatre productions.
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 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: $5,000.00 under the project
name "Penfold Theatre Company Performances"
The City will pay the total sum of Five Thousand Dollars ($5,000.00) 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, 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
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." 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:
Agency President/Chair, Boar ectors
A n y Chief Professio al Officer (Paid Staff)
City' -'M anager, City of Round RockJrexas
FOR CITY, ATTEST:
By:�Vl� '
Sara L. White, City Clerk
I0(zoI ib
Date Signed
1Dfnr0,01(,
Date Signed I
Date Signed
City of Round Rock
ROUND ROCIt
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing an Arts Funding Agreement with Penfold Theatre
Company.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/4/2016
Dept Director: Will Hampton
Cost: $5,000.00
Indexes:
Attachments: Penfold Theatre Company
Department: Communications and Marketing Department
Text of Legislative File CM -2016-1229
Consider executing an Arts Funding Agreement with Penfold Theatre Company.
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.
$5,000
HOT Funds - 71012002-5494
Staff recommends approval.
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