There is hereby created a division of the city manager's office to be known as the office of arts and culture, the head of which shall be the director of arts and culture who shall be appointed by the city manager and who shall be a person professionally competent by experience and training to manage the office. The office of arts and culture will be composed of the director of arts and culture and other assistants and employees as the city council may provide by ordinance upon recommendation of the city manager. (Ord. Nos. 23694; 31333, eff. 10/1/19)
(a) The director of arts and culture shall perform the following duties:
(1) Supervise and administer the office of arts and culture and WRR radio station.
(2) Manage cultural facilities of the city under the director's supervision as designated by the city manager or by ordinance or resolution of the city council, including approval of lease or license agreements for use of such cultural facilities for short terms not exceeding one year.
(3) Award cultural funding contracts to cultural organizations and to individuals as provided in Section 2-162.3 of this code.
(4) Perform such other duties as may be required by the city manager or by ordinance of the city council.
(b) The director of arts and culture and any designated representatives may represent the city in negotiating and contracting with persons planning to use any cultural facility under the management of the director of arts and culture. Short-term leases and license agreements with small or ethnically and culturally specific nonprofit arts and cultural organizations may be entered into for a nominal consideration, when the director of arts and culture finds it to be of benefit to the public. (Ord. Nos. 23694; 31049; 31333, eff. 10/1/19)
(a) Except as provided in Subsection (f), contracts with organizations and individuals for cultural services shall be awarded in accordance with this section.
(b) Cultural services mean artistic and cultural services provided by individuals or organizations that have been recommended for funding by a review panel to the director of arts and culture. Eligibility requirements to serve on each review panel and a review panel process for recommendations must be approved by city council. Cultural services do not include any services described in Subsection (f) below.
(c) The director of arts and culture may procure services a maximum of five times per fiscal year for production, festivals, and exhibitions under $50,000 without panel review or recommendation by the arts and culture advisory commission as the director deems necessary to implement arts and culture programs when:
(1) timing of support needed is outside of the fiscal year's cultural support program application for cultural services;
(2) the support needed is from a Dallas-based 501(c)(3) cultural organization or individual artist;
(3) the service provided is less than one year in length; and
(4) the city manager, or designee, has issued a memorandum of justification establishing a special need that meets the requirements of Administrative Directive 4-5, as amended.
(d) Contracts for cultural services, requiring an expenditure of $50,000 or less, may be authorized by the city manager by administrative action, approved as to form by the city attorney, without further city council approval.
(e) If a contract described under this section requires an expenditure exceeding $50,000, the contract must be authorized by city council.
(f) This section does not apply to services that are required to be competitively bid under state law or subject to other state law requirements such as requirements to contact historically underutilized businesses or the special rules for architect and engineering agreements.
(a) There shall be a contract made for the use of each period of air time sold by the radio station, no matter how small, and the sale shall be represented by written contract. Each contract shall be signed by the station manager or shall be approved by the station manager if the sale was made by some subordinate. In the event a contract for sale of air time provides for other services such as line rentals, commentators, musicians, announcers, and other costs incidental to the rendition of the program, then such contract shall distinctly specify each separate item or charge made for such service.
(b) Each contract shall provide for cancellation by the city upon reasonable notice, and shall distinctly specify whether the air time used is commercial, civic, or non-revenue and shall be signed by the person or organization so using the air time.
(c) The following types of contracts for the benefit of the radio station, requiring an expenditure of $50,000 or less, may be authorized by the city manager by administrative action, approved as to form by the city attorney, without further city council approval:
(1) payment of copyright or license fees or royalties to obtain the rights to broadcast or play specific musical works or compositions;
(2) the purchase of rights to broadcast radio programs produced by persons or entities other than other radio station employees or former radio station employees less than two years after their employment with the city;
(3) the purchase of advertising, through radio, television, print, billboard, or other media, to promote the radio station, including services rendered in connection with the production or preparation of artwork, copy, or music used in such advertising;
(4) payment of fees to secure professional talent (other than employees of the radio station) for the purpose of promoting the radio station;
(5) payment of commissions (not to exceed 25 percent of the contract amount) to persons or advertising agencies (other than employees of the radio station) who render services in connection with the sale of radio station air time or the purchase of advertising to promote the radio station; and
(6) the purchase of services rendered in connection with market research and analysis, radio station ratings, and statistical, demographic, or other related research or analysis.
(d) If a contract described in Subsection (c) requires an expenditure exceeding $50,000, the contract must be authorized by the city council. If a contract described in Subsection (c) is required by state law to be competitively bid, the rules stated in Sections 2-32 and 2-33(a) through (c) of this code apply to the contract.