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File #: 32148    Version: 1 Name: Annual Performance Contract Resolution-2014.docx
Type: Resolution Status: Passed
File created: 11/11/2013 In control: BOARD OF ESTIMATES (ended 4/2017)
On agenda: 12/3/2013 Final action: 12/3/2013
Enactment date: 12/5/2013 Enactment #: RES-13-00875
Title: Authorizing the Mayor and City Clerk to execute an Annual Performance Contract with Overture Center Foundation, Inc. for the 2014 operations of the Overture Center, and providing a grant from the City
Sponsors: Michael E. Verveer
Attachments: 1. OCF Financial Statements 2013 memo.pdf
Fiscal Note
The 2014 adopted budget authorizes $1.6 million in payments to the Overture Center Foundation consistent with the proposed annual performance contract. See attached comparison of Overture Center Foundation, Inc., 2012-13 financial statement with Annual Performance Contract provisions for more background information.

Title
Authorizing the Mayor and City Clerk to execute an Annual Performance Contract with Overture Center Foundation, Inc. for the 2014 operations of the Overture Center, and providing a grant from the City
Body
PREAMBLE
On December 14, 2010, the Common Council adopted Resolution No. RES-10-00996, File No. 20248, (the “2010 Resolution”) acknowledging private ownership and operation of the Overture Center, establishing a City commitment to future grants to Overture subject to annual appropriation, and setting forth the terms and conditions for such grants. The 2010 Resolution also authorized the City to enter into a long-term Structural Agreement with Overture Center Foundation, Inc. (“OCF”), formerly known as 201 State Foundation, Inc.
The Structural Agreement anticipated that the City would provide an annual grant to OCF, subject to appropriation and subject to the parties entering into an annual performance contract that would establish measurable performance standards for OCF. The City and OCF entered into the first annual performance contract for calendar year 2012. The 2013 Contract required OCF to submit its 2014 grant request to the City on or before August 1, 2013. OCF submitted a request for $1,750,000. Representatives of the City and OCF have met to negotiate the terms of the 2014 Annual Performance Contract.
NOW THEREFORE, BE IT RESOLVED, that the Common Council authorizes the Mayor and City Clerk to execute an Annual Performance Contract with Overture Center Foundation, Inc., in a final form to be approved by the City Attorney, containing the following terms and conditions:
1. Term. The Annual Performance Contract will ...

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