HomeMy WebLinkAboutContract 44546-A2 GwY SECRETARY
CONTRACT W. � �...—.
SECOND AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY
OCT 1 1 201'CONTRACT NUMBER 44546,AS PREVIOUSLY AMENDED AND ADDENDED,
PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY c�' THE CITY OF FORT WORTH AND MCKAY LODGE FINE ARTS CONSERVATION
NV:
LABORATORY,INC.
This SECOND AMENDMENT AND FIRST RENEWAL OF CITY SECRETARY
CONTRACT NO. 44546, as previously amended and addended, ("Second Amendment/First
Renewal"), is made and entered into by and between the CITY OF FORT WORTH, ("City") a
home-rule municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager, and MCKAY LODGE FINE ARTS CONSERVATION
LABORATORY,INC., ("Conservator") acting by and through Robert Lodge, its President. The
City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC.,
to manage this Agreement on its behalf. The Contract Manager shall act through its designated
Public Art Collection Manager.
WHEREAS,the City is implementing the Fort Worth Public Art Program pursuant to the
Chapter 2, Section 2-56 through 2-61 of the Fort Worth Code of Ordinances to insure proper
stewardship of the City's public art collection;
WHEREAS, the City and Conservator entered into a Professional Services Agreement
for specific services for the purpose of assisting with the care and maintenance of the Public Art
Collection, the same being City Secretary Contract("CSC"No. 44546), along with one addenda
(CSC Nos. 44546-ADI), and one amendment (CSC No. 44546 A-1) (collectively, the
"Agreement");
WHEREAS, pursuant to the Agreement, Conservator has agreed to perform services for
the City on an as-needed basis through individual addenda;
WHEREAS, under the Agreement, the compensation was outlined to be an amount not
to exceed$200,000.00; however, the parties intended the amount to only apply to the initial term
of the Agreement;
WHEREAS, the primary term started on June 19, 2013, and expired on August 1, 2016,
and the Agreement provides for three one-year renewals at the sole discretion of the City; and
WHEREAS, the City and Contractor desire to continue this relationship by extending and
renewing the Agreement for a one-year renewal period and also amend the Agreement to clarify the
compensation;
Second Amendment and First Renewal CSC 44546—McKay Lodge
Fine Art Conservation Laboratory,Inc. 1 of 3 OFFICIAL RECORD
Execution Copy 9/27/16 CITY SEWSTARY
FT.WORTHY TX
NOW, THEREFORE, City and Conservator do covenant and agree as follows:
1.
Section 3.1 of the Agreement is hereby deleted in its entirety and replaced to read as
follows:
"3.1 In consideration of the Services to be performed hereunder by Conservator, City
promises and agrees to pay Conservator an amount not to exceed TWO HUNDRED
THOUSAND DOLLARS ($200,000.00) ("Compensation") during the initial term of the
Agreement. During the Renewal Terms, the City promises and agrees to pay Conservator
an amount not to exceed SIXTY THOUSAND DOLLARS ($60,000.00)
("Compensation") annually in accordance with the provisions of this Agreement.
Payment hereunder shall constitute full compensation for any and all costs associated
with this Agreement, including, but not limited to, all Services performed and materials
furnished by Conservator under this Agreement. The parties acknowledge that the
Compensation is not a fixed fee but shall be made on an invoice basis for Services
rendered in accordance with this Agreement; therefore, the City is not obligated to
disburse the full amount of Compensation under this Agreement unless such payment
complies with the terms herein. Conservator shall not perform an additional services not
specified by this Agreement, unless the City requests and approves in writing the
additional costs for such services. The City shall not be liable for any additional
expenses of Conservator not specified by this Agreement unless the City first approves
such expenses in writing."
2.
The City and Contractor hereby agree to renew and extend the Agreement for its first
one-year renewal period, effective on August 2, 2016, and expiring on August 1, 2017 ("First
Renewal Term").
3.
All terms and conditions of the Agreement shall remain in full force and effect during the
First Renewal Term unless specifically amended herein.
4.
All terms in this Second Amendment/First Renewal that are capitalized but not defined
shall have the meanings assigned to them in the Agreement.
Second Amendment and First Renewal CSC 44546—McKay Lodge
Fine Art Conservation Laboratory,Inc. 2 of 3
Execution Copy 9/27/16
IN WITNESS WHEREOF, the parties hereto have executed this First Renewal in Fort Worth,
Tarrant County, Texas, this / day of
CITY OF FORT WORTH MCKAY LODGE FINE ARTS
CONSERVATION LABORATORY,
INC.
by: l--�— b
Fernando Costa obert G. Lodge
Assistant City Manager
APPROVED AS TO FORM
AND LE IT
By:
tssslistant
ica Sa gsvang
City Attorney II
Form 1295:Not Required x
ATTESTED BY• OQ
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By: $
aryl K �
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City cretary
M&C C-26283 (6/14/2013)
Second Amendment and First Renewal CSC 44546—McKay Lodge OFFICIAL RECORD
Fine Art Conservation Laboratory,Inc. 3 of 3 CITY SECRETARY
Execution Copy 9/27/16
FT.INORTH,TX
M&C Review
Pagel of 2
Official site of the City of Fort Worth,Texas
COUNCILAGENDA
FORT WORTH
COUNCIL ACTION: Approved on 6/4/2013
DATE: 6/4/2013 REFERENCE °°C-26283 LOG NAME: 2000NSERVATOR MCKAY
NO.: LODGE
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Non-Exclusive Professional Services Agreement with McKay
Lodge Fine Arts Conservation Laboratory, Inc., in the Amount Not to Exceed $200,000.00
for Conservation Treatment of Various Artworks in the Fort Worth Public Art Collection in
the Amount Not to Exceed $200,000.00(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a non-exclusive Professional
Services Agreement with McKay Lodge Fine Arts Conservation Laboratory, Inc., for conservation
treatment of various artworks in the Fort Worth Public Art Collection in the amount not to exceed
$200,000.00.
DISCUSSION:
This non-exclusive Professional Services Agreement(Agreement)will enable the City to implement
its Public Art Collection Management/Conservation program in order to care for and maintain the
City's Public Art collection as set forth in the Long Range Public Art Plan for the Water Fund adopted
by City Council on May 9, 2006(M&C G-15185). The initial term of Agreement will be three years
with the option to renew for three additional one-year terms for a total amount not to exceed
$200,000.00, using funds from the annual Public Art Conservation Fund—Capital Budget.
The Fiscal Year-2013-2014 Fort Worth Public Art(FWPA)Annual Work Plan adopted by City Council
on October 16, 2012(M&C C-25920)outlines the Collection Management Plan for the first year of
this Agreement. Subsequent annual Conservation Work Plans, recommended by the Fort Worth Art
Commission and approved by the City Council as part of the Annual Work Plan, will be issued to the
conservator and added as addenda to his Agreement.
BACKGROUND:
The City currently owns 68 artworks accessioned into the Fort Worth Public Art Collection. During
the term of this Agreement, the collection is expected to increase to approximately 90 artworks sited
in all Council Districts. The collection is comprised of works including stand-alone sculptures, painted
and tile murals, architecturally integrated enhancements, artist-created historic monuments and
enhancements.
On January 7, 2013, FWPA issued a Request for Qualifications(RFQ)for conservation services for
the purposes of creating a pre-qualified pool of qualified conservators with various media
specialties. The RFQ was sent to individuals and firms, posted on the FWPA and City of Fort Worth
websites, and posted on the National Public Art Network Listserv. Services to be performed under
this Agreement include(but are not limited to): condition assessments,general cleaning,
conservation treatment and repair,treatment documentation(written and photographic), maintenance
planning, and design review and consultation.
Respondents were asked to provide materials that demonstrate ability to accomplish the work(firm
history, team credentials and related experience), philosophical treatment approach, evidence of
insurability and schedule of fees. Applicants were evaluated based on ability to perform with various
medias and materials, including metals, organic materials, stone, tile, glass and technological
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 8376&councildate=6/4/2013 9/3/2013
M&C Review Page 2 of 2
media.
Seven candidates submitted materials for review. Each submission was reviewed by a panel
consisting of the following individuals:
1. Arthur Weinman, Fort Worth Art Commissioner
2. Jodie Utter, Fine Art Conservator with the Amon Carter Museum
3. Jenny Conn, Public Art Collection Manager with the Arts Council of Fort Worth and Tarrant
County.
A scoring matrix considering 13 factors was created to rank professional qualifications, experience,
ability and specialization and to quantify rate structure. The panel selected four candidates to provide
various services to the City, with each being chosen to fulfill specific needs. McKay Lodge Fine Arts
Conservation Laboratory, Inc., was selected as a qualified conservation firm to provide the above-
listed services, particularly services that require expertise for major restoration of historic assets,
including the historic tile barn murals at the Will Rogers Memorial Complex. Over the course of the
term of this Agreement, artworks located in All Council Districts throughout the city will benefit.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, from the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541200 201889990400 $200.000.00
Submitted for Citi/Managees Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig(7801)
Additional Information Contact: Martha Peters(298-3025)
ATTACHMENTS
MASTER INVENTORY(5 21 13).pdf
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=I 8376&councildate=6/4/2013 9/3/2013