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Res 141-2006 10/17/2006 RESOLUTION NO. � �-a DO�p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROVING CERTAIN GRANTS TO ARTS AGENCIES AS RECOMMENDED BY THE WICHITA FALLS ARTS COMMISSION, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS WITH SUCH AGENCIES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the annual budget for the 2006-07 fiscal year adopted by the City Council includes $84,700 in Hotel/Motel Funds for the Wichita Falls Arts Commission, and; WHEREAS, the Wichita Falls Arts Commission met and has made its recommendation for grant funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The following grants from the Hotel/Motel Fund are hereby approved for the 2006-2007 fiscal year: RGANIZATION RECOMMENDED Wichita Falls Ballet Theater $9,900 Wichita Falls Symphony Orchestra $10,000 Wichita County Heritage Society $9,400 MSU Department of Art $ 4,000 Museum of N Texas History $4,100 Kemp Center For the Arts $10,600 Wichita Falls Backdoor Players $9,600 MSU Choirs $3,400 W F Community Messiah $1,600 ORGANIZATION RECOMMENDED Wichita Falls Railroad Museum $8,500 Wichita Falls Youth Symphony $4,600 Orchestra First Night in the Falls $5,100 Total $84,700 SECTION 2. The City Manager is hereby authorized to enter into contracts with said agencies. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 17 day of October, 2006. �-�---'� -��� . MAYOR ATTEST: � City Clerk STATE OF TEXAS § COUNTY OF WICHITA § CITY OF WICHITA FALLS, TEXAS ARTS GRANT AGREEMENT FISCAL YEAR 06-07 This contract made and entered into this the day of , by and between the City of Wichita Falls, Texas, hereinafter referred to as "City," acting by and through the City Manager and , hereinafter referred to as "Contractor." WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Scope of Services. The Contractor agrees to perform the following services in a satisfactory and proper manner as determined by the Wichita Falls Arts Commission: 2. Term of Contract. The term of this agreement shall be for the one-year period beginning and ending , subject to satisfactory perFormance by the Contractor as outlined herein. 3. Compensation. The City agrees to pay to the Contractor a maximum amount of ($ ), which shall constitute full compensation for the Contractor's services and expenses incurred under this contract. 4. Method of Payment. On or about (date) City shall make payment to Contractor in the amount of ($ ) to be used by Contractor for services prescribed herein. Such payment shall constitute full payment to Contractor for the contract period. 5. Budget. In performing the services called for under the provisions of this contract, the Contractor shall conform his expenditures to the approved budget. Said budget and any account, set out herein can be altered, amended or modified as mutually agreeable between the two parties hereto so that the full intent and purpose of this contract can be carried out. In no event shall the City be required to pay more than ($ ) to Contractor under the terms of this contract. 6. Contractor's Contribution. In the event that the total sum to be paid by the City to the Contractor under the terms of this agreement is not sufficient for the Contractor to continue performance of his obligations hereunder until termination date hereof, the Contractor shall contribute sufficient funds for continued perFormance to fulfill terms of the contract. 7. Refund. At the termination date hereof, the Contractor shall pay to the City any sums paid to the Contractor by the City which have not been expended or committed as budgeted. 8. Future Fundinq. The funding of this project in no way commits the City to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the Contractor. 9. Restriction on Disbursements No funds under this contract shall be disbursed by the Contractor to any other party nor shall any of the work or services covered by this contract be subcontracted without the prior written approval of the City. 10. Termination of The Contract. If either party to the contract should desire to terminate the contract prior to the date of expiration, they may do so by giving written notice to the other party not less than thirty (30) days prior to the intended termination date. Upon termination of this contract, all future obligations are hereby extinguished. The Contractor shall be entitled to receive just and equitable compensation from the City for any satisfactory work completed prior to the termination. The Contractor will refund any unearned funds advanced by or received from the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contractor. The City may withhold any payments due the Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor are determined. 11. Assiqnabilitv. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation) without the prior written consent of the City. However, claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 12. Records. a. Establishment and Maintenance of Records The Contractor shall make available all such records to representatives of the Wichita Falls Arts Commission and the City for examination and/or audit up to and including a period of twelve (12) months after completion of the contract period. b. Documentation of Costs. The Contractor shall maintain a separate project account, which shall reflect all receipts and disbursements of grant funds, and maintain financial records, including substantiating documentation (e.g. payroll, vouchers, invoices, bills). c. Reports and Information. Within thirty (30) days after completion of the contract, the Contractor shall submit to the Wichita Falls Arts Commission the Evaluation Report Form which shall include the expenditure of grant funds. All of the reports, information, data and other related materials, prepared or assembled by the Contractor under this contract are confidential and shall not be made available to anyone without the prior written approval of the City. Information restricted by law or Contractor policy and relating to personal, medical and financial data will be treated as confidential and will not be released by the City except as may be required pursuant to Texas Government Code Chapter 552 and any amendments thereto. 13. Limitation on Compensation for Personal Services. Compensation for personal services includes, but is not limited to, wages, salaries, and supplementary compensation and benefits. Compensation for employees of the Contractor shall not exceed that paid for similar work paid by the City. In cases where the kinds of personal services provided have no counterpart in local governmental agencies, compensation shall not exceed that paid for similar work in the labor market in which the Contractor competes for the kinds of personal services involved or the compensation level established by the Contractor's primary funding source. . • 14. Interest of Citv and Others. No officer, or employee of the City and no members of its governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Project, shall participate in any decisions relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. 15. Compliance with Local Laws. The Contractor shall comply with applicable laws, ordinances, and codes of the State and local governments and the Contractor shall save and hold harmless the City with respect to damages arising from any tort committed in perForming any of the work embraced by this contract. 16. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this contract shall be used in the performance of this contract for any partisan political activity. 17. Lobbyinq Prohibited. None of the funds provided under this contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before any governmental entity. 18. Equal Emplovment Opportunitv. During the perFormance of this contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of its employees as the City may require. This agreement made and entered into the day of October, CITY OF WICHITA FALLS By: City Manager ATTEST: City Clerk APPROVED AS TO FORM City Attorney