Res 168-2005 12/20/2005RESOLUTION NO. I �'3-, , *- k006 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS APPROVING CERTAIN GRANT'S 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 BYLAW.
WHEREAS, the annual budget for the 2005 -06 fiscal year adopted by the City
Council includes $80,000 in Hotel /Motel Funds for the Wichita Falls Arts Commission,
and;
WHEREAS, the Wichita Falls Arts Commission met and has made their
recommendation for grant funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, TWAT:
SECTION 1 . The following grants from the (Hotel /Motel Fund are hereby
approved for the 2005 -06 fiscal year:
Organizations
Wichita Falls Ballet
Theatre, Inc.
Wichita Falls Symphony
Orchestra, Inc.
Proiect Title
WFBT Season /Guest Artists/
Costumes
Recommended
$
8,100
$
9,700
$
8,800
$
3,000
$
8,300
$
9,600
$
8,800
Guest Artists Project
Wichita County Heritage Kell House Exhibits /Special Events/
Society, Inc. Conservation
MSU Department of Art Visiting Artists Program
Museum of North Texas Projection and Sound Equipment
History
Kemp Center For the Arts Art Gallery Programs
Wichita Falls Backdoor Spring Musical /New Play Project/
Players, Inc. Student Drama
MSU Choirs Major Choral Work $ 3,600
Wichita Falls Community Community Performance of $ 2,900
Messiah, Inc. Handel's "Messiah"
Wichita Falls Railroad Rolling Stock Improvements $ 7,900
Museum, Inc.
Wichita Falls Youth Performance Clinic
Symphony Orchestra, Inc.
Wichita Falls Art- Enter- A Variety of Art Ventures
tainment & Culture, Inc.
$ 4,500
TOTAL RECOMMENDED 80 000
SECTION 1 . The City Manager is hereby authorized to enter into contracts with
said agencies.
SECTION 2 . 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 20 day of December 2005.
ATTEST:
ity Cleric
State of Texas)
County of Wichita)
CITY OF WICHITA FALLS, TEXAS
ARTS GRANT AGREEMENT
F=ISCAL YEAR
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 Funding 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 Disbursem 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 Con tract. 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. Assignability The Contractor shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by assignment or novation)
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 Reco 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 Inform ation. 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 riot 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 Servi Compensation for
personal services includes, but is riot 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 City and Oth ers. 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 L aws. 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 Prohibite 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. Lobbying 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 Employment Opportunity 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 December, 2005.
CITY OF WICHITA FALLS
Iris
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney