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HomeMy WebLinkAboutContract 32886 CITY SQECRETARY CONTRACT NO. STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES This contract ("Contract") is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Denton and Wise Counties, Texas ("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and the Arts Council of Fort Worth &Tarrant County("Arts Council"), a nonprofit Texas corporation, acting by and through Flora Maria Garcia, its duly authorized President. In consideration of the mutual covenants, promises and obligations contained herein, the parties agree as follows: 1. Scope of Services. Arts Council agrees to provide professional management services to the City of Fort Worth in the form of oversight and administrative services for the City of Fort Worth Public Art Program, including provision of certain staff support services to the Fort Worth Art Commission. These services are described in detail in Exhibit "A," the "City of Fort Worth PUBLIC ART PROGRAM FY 2006 Program Services" proposal submitted by Arts Council to City ("Program Services"). The same is attached hereafter and incorporated herein for all purposes by reference. In the event of a conflict between the terms of this Contract and the terms of any part of the Program Services, this Contract shall control. Arts Council shall submit quarterly expense and program services status reports to City in a format provided to Arts Council by City through City's Capital Projects Team of the Budget and Management Services Department. 1 _. 2. Compensation. (a) The amount to be paid to Arts Council for all Program Services performed hereunder shall not exceed $356,599 for Fiscal Year 2005-2006 and shall be paid in four quarterly installments. (b) Arts Council shall invoice City no later than 14 days prior to the beginning of each quarter for an amount equivalent to 25% of the total approved budget for the fiscal year. However, if Arts Council anticipates expenses in excess of 25%of the total approved budget for a particular quarter, Arts Council may request such additional amount in the quarterly invoice with an explanation of anticipated uses for the additional amount. (c) City shall pay each installment to Arts Council on the first day of each quarter, with the first payment commencing at the beginning of the Term. (d) Compensation for subsequent years shall be mutually agreed upon based upon the services to be performed and other circumstances related to the performance of professional management services and shall continue to be paid in quarterly installments as set forth above. 3. Term. The initial term of this Contract shall commence October 1, 2005 and shall terminate no later than September 30, 2006. In addition to the initial term of this Contract,there shall be four options to renew for terms of one year each, unless terminated earlier as provided herein. Renewal shall occur upon City including in its budget sufficient funds to pay for its obligations hereunder and Arts Council providing proof of insurance to City. 4. Termination. (a) City may terminate this Contract at any time for cause amounting to a material breach of this Contract by Arts Council, by notice in writing to Arts Council. Upon receipt of such notice,Arts Council shall immediately discontinue all services and work and 2 a the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. If City terminates this Contract under this Section 4(a), City shall pay Arts Council for Program Services actually performed in accordance herewith prior to such termination, less such payments as have been previously made to Art Council, in accordance with a final statement submitted by Arts Council documenting the performance of such Program Services. Arts Council may terminate this Contract at any time if any payment due hereunder is not made by City. (b) In the event no funds or insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder("Default Period"), City will notify Arts Council of such occurrence prior to the beginning of the Default Period, and this Contract shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever with respect to the Default Period, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. City agrees to appropriate and budget, as practicably as possible after the Default Period, amounts sufficient to cover any payments owed but not paid to Arts Council as of the beginning of the Default period, and to promptly pay these amounts to Arts Council. City has informed Arts Council that, concurrently with approval of this Contract, City will appropriate and budget 100% of the funds specified in this Contract, so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. (c) Upon termination of this Contract for any reason, and subject to paragraphs 14 and 15, Arts Council shall provide City with copies of all completed or partially completed documents prepared under this Contract. 5. Indemnification ARTS COUNCIL COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS 3 AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINSTANYAND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED,ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACTAND/OR THE OPERATIONS,ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY;ANDARTS COUNCIL HEREBY ASSUMES ALL LIABILITYAND RESPONSIBILITY OF CITYAND ITS OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES FORANYAND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. ARTS COUNCIL LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,ARISING OUT OF OR IN CONNECTION WITH ALLACTS OR OMISSIONS OF ARTS COUNCIL, ITS OFFICERS, MEMBERS,AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BYALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. ARTS COUNCIL AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROMALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. ARTS COUNCIL SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 6. Insurance. 4 (a) Arts Council shall not commence work under this Contract until it has obtained all insurance required under this section and City has approved such insurance, nor shall Arts Council allow any subcontractor who is performing physical work on City property(including but not limited to an art conservator performing conservation treatment) to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by City. Subcontractor insurance requirements shall not pertain to contract employees, selection panelists, artists under proposal or design team agreements, lecturers, workshop leaders, art appraisers, computer/website consultants, design consultants, printers, etc. (b) Workers' Compensation Insurance:Arts Council shall take out and maintain during the life of this Contract statutory Workers' Compensation Insurance for all of its employees performing any of the services hereunder, and, in case any work is sublet,Arts Council shall require the subcontractor similarly to provide Workers' Compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by Art Council's insurance. In case any class of employee who engages in hazardous work under this Contract is not protected under the Workers' Compensation statute, Arts Council shall provide and shall cause subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. (c) Public Liability and Property Damage Insurance. Arts Council shall take out and maintain during the life of this Contract such public liability and property damage insurance as shall protect Arts Council and any subcontractor performing work covered by this Contract from claims for personal injuries, including death, as well as from claims for property damages or losses which may arise from operation under this Contract, whether such operations be by Arts Councilor by any subcontractor or by anyone directly or indirectly employed by either of them. The amount of such insurance shall be as follows: 1. Public Liability Insurance. In an amount no less than Two Hundred Fifty Thousand Dollars ($250,000) for injuries, including accidental death, to any one person; and subject to the same limit for each 5 fCo ,:�:`✓J:6I fl'� U'}ura person, in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of one accident; 2. Property Damage Insurance. In an amount not less than Five Hundred Thousand Dollars ($500,000); 3. Umbrella Policy. In an amount not less than One Million Dollars ($1,000,000). (d) Proof of Insurance Coverage.Arts Council shall furnish City with a certificate of insurance as proof that it has obtained for the duration of this Contract the insurance amounts required herein.Art Council's insurance policy shall provide that the insurer shall give City thirty (30) days' prior written notice before altering, modifying or terminating the insurance coverage. 7. Independent Contractor. Arts Council shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of City. Arts Council shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder. Nothing herein shall be construed as creating a partnership or joint venture between City and Arts Council, its officers, agents,employees and subcontractors; and the doctrine of respondeat superior shall have no application as between City and Arts Council. 8. Prohibition Against Interest. (a) No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program Services are performed; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program Services hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Arts Council shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program Services. 6 (b) No member, officer, or employee of Arts Council or its subcontractors shall have a financial interest, direct or indirect, in this Contract or be financially interested, directly or indirectly, in the sale to Arts Council of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Arts Council or its subcontractors shall render this Contract voidable by City. 9. Right to Audit. Arts Council agrees that City shall, until the expiration of three (3) years after final payment under this Contract for each fiscal year, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Arts Council involving transactions relating to this Contract. Arts Council agrees that City shall have access during normal working hours to all necessary Arts Council facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Arts Council reasonable advance notice of intended audits. Arts Council further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 10. Prohibition of Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without the 7 prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 11. Non-discrimination. As a condition of this Contract,Arts Council covenants that it will take all necessary actions to insure that, in connection with any work under this Contract, Arts Council, its associates and subcontractors,will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, physical handicap, or familial status unrelated to job performance,either directly, indirectly or through contractual or other arrangements. 12. Choice of Law, Venue. (a) This Contract shall be construed in accordance with the internal law of the State of Texas. (b) Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract, venue for said action shall be in Tarrant County, Texas. 13. Rights in Results of Services. The materials and methods used in the provision of the Program Services are proprietary to Arts Council. All rights, including copyrights, in and to such materials and methods shall remain the property of Arts Council. City is granted a limited right of internal reproduction and distribution of materials prepared specifically for City underthis Contract. 14. Confidential Information. City acknowledges and agrees that any and all information (in whatever form) relating to the business of Arts Council and acquired by City under this Contract, or otherwise, is and shall remain, to the extent permitted by law, confidential information of Arts Council to the extent that it includes valuable and proprietary trade, business and industry secrets of Arts Council. City agrees to maintain in confidence and (except as 8 otherwise provided in this paragraph)to refrain, directly or indirectly, from copying, using, transferring, disclosing or exploiting in any manner any of such confidential information during the term of this Contract and following termination thereof, for any reason. 15. Construction The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or exhibits hereto. 16. No Third-Party Beneficiaries This Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 17. Severability. The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason,the remainder of this Contract and the application of such word, phrase, clause, sentence, paragraph, section,or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. 18. Notices. All written notices called for or required by this Contract shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: s 11 L =' Libby Watson Flora Maria Garcia Assistant City Manager President City of Fort Worth Arts Council of Fort Worth 1000 Throckmorton 1300 Gendy Street Fort Worth, Texas 76132 Fort Worth, Texas 76107 (817) 392-6183 (817) 732-2360 ext. 22 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 10 4 p � N.,A EXECUTED on this day of 2005. ATTEST: C F F W RZ1�� MA wZ1 City Secretary Libby Watson Assistant City Manager APPROVED AS TO FORM AND LEGALITY: by i Assi tant City Attorney 1 ARTS COUNCIL OF FORT WORTH AND C ontract u�tho iz tiox TARRANT COUNTY s Date By: l z�ti Flora Maria Garcia President aVV/ 9_ FORT WORTH PUBLIC ART FY 2006 Professional Management Services Under the FY 2006 contract, the Arts Council of Fort Worth &Tarrant County (the"Arts Council") will continue to provide administration of the Public Art Program, known as Fort Worth Public Art, in accordance with the Fort Worth Public Art Master Plan as adopted by City Council on September 30, 2003, including initiation of numerous public art and design enhancement projects in accordance with the city's CIP Implementation Plan and the Long Range Public Art Plan for the 2004 CIP approved by City Council on May 17, 2005. Some neighborhood street projects may be added based upon further input by City Council and citizens in their respective districts. In addition, the Arts Council will continue to work with city officials, the community and the Fort Worth Art Commission to finalize a Long Range Public Art Plan for the Water Fund. Upon its approval, it is anticipated that some public art and design enhancement projects may be undertaken in FY 2006 from this funding source. In the meantime, the Fort Worth Art Commission has recommended Water Funds for the non-bond funded Shamblee Branch Library and the Public Health Center at Evans & Rosedale, the City Parking Garage, as well as supplemental funds for the bond-funded Rolling Hills Radio Tower. City Council has authorized artists' contracts and appropriate Water Funds for the Evans & Rosedale projects and will be asked to consider the other projects soon. The City requested that Arts Council staff manage a major public art project for downtown Fort Worth—the Lancaster Avenue Median Redesign, which is already underway. Responses to a national invitational RFQ resulted in the selection of three finalists by a 13-member artist selection panel on October 4, 2005. This fast-track project is expected to be complete by fall 2006 and will require a good deal of careful attention to insure that the artists' design is successfully integrated into the overall project in a timely fashion. Professional conservation treatment of the Zipper Mural, Twelve Triangles in City Hall, and others in Fort Worth as recommended in the 2004 Condition Assessment Report of the City of Fort Worth's Outdoor Sculpture Collection by conservator John R. Dennis will EXHIBIT A" (Revised 10-17-05) 11VVAVAW FORT WORTH PUBLIC ART be undertaken in FY 2006. A Conservation Plan for the Fort Worth Public Art Collection will be included in the Long Range Public Art Plan for the Water Fund. Program services are based upon the implementation milestones suggested in Fort Worth Public Art Master Plan, as well as a continuation of ongoing initiatives, such as the presentation of educational programming and artist training workshops, as well as further enhancements to the program's website to provide public information and streamline artist participation in the program. Project Management/ Partnerships • Manage public art projects, including project planning and budget development, conducting and facilitating artist selection processes or design workshops, develop and monitor artists'contracts, facilitate installation, act as liaison with city departments, the community and stakeholders, make presentations to City Council and other boards and commissions, as appropriate for: O Ongoing Projects: ■ Fort Worth Convention Center ■ Vaquero sculpture for North Main Street ■ Fire Station#8 ■ Parks Design Enhancement Project ■ Rolling Hills Radio Tower ■ Southwest Parkway(SH 121) ■ Camp Bowie Boulevard ■ Shamblee Branch Library(Evans& Rosedale) ■ Public Health Center(Evans&Rosedale) ■ Lancaster Avenue Median Redesign O New Projects in the Long Range Public Art Plan for the 2004 ClP which the City is initiating in FY 2006: ■ Neighborhood Street Projects ■ East 1•t Street ■ Chapel Creek Boulevard ■ North Tarrant Parkway ■ East Rosedale Street ■ Hemphill/Lamar/Taylor ■ Precinct Line Bridge ■ East 7th Street Bridge • Lebow Channel Watershed ■ Park Design Enhancement Projects(with PCS) ■ Southwest Community Center ■ Northwest Library ■ New Fire Stations ■ Animal Care&Control Center EXHISIT A" (Revised 10-17-05) IT I V . FORT WORTH PUBLIC ART Proiect Management/ Partnerships (continued) o New Projects to be included the draft Long Range Plan for the Water Fund: ■ City Parking Garage ■ Nashville Police Facility ■ Others TBD • Develop projects in partnership with other governmental entities, such as TxDOT, NTTA, Tarrant Regional Water District, Tarrant County and the Transit Authority for projects such as Trinity Uptown and Southwest Parkway (SH 121)and others, as appropriate. • Provide technical assistance with the installation of artworks donated to the City of Fort Worth. • Provide technical assistance with artworks removed from public display. • Coordinate public meetings and meetings with city staff and Mayor&City Council for relevant projects. Public Education/Outreach • Continue upgrading the Fort Worth Public Art Program Website, including a database interface with project information and digital artist registry as funding allows. • Continue to publish the semi-monthly Fort Worth Public Art Enews. • Present Public Education Programs/Events at the Fort Worth Community Art Center: o Public Lectures on relevant public art topics o Exhibition of Camp Bowie Boulevard & Lancaster Avenue Proposals • Artist Training Workshop(s),with topics which may include: o Digital documentation of artwork to participate in FWPA Artist Registry o Digital public art proposal presentations Conservation/Collection Management • Conservation treatment of existing works in the Fort Worth Public Art Collection. • Appraisals of works in the City's public art collection. • Condition assessments of works in the City's public art collection. EXHIBIT A" (Revised 10-17-05) � ;`�� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/25/2005 DATE: Tuesday, October 25, 2005 LOG NAME: 03ARTSCONTRACTO REFERENCE NO.: C-21111 SUBJECT: Authorize Professional Services Agreement with the Arts Council of Fort Worth and Tarrant County for FY2005-06 Management of the Fort Worth Public Art Program RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a professional services agreement with the Arts Council of Fort Worth and Tarrant County, in the amount of $356,599 for FY2005- 06 management of the Fort Worth Public Art Program for a period of one year, with the option to renew for four additional one-year terms. DISCUSSION: On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794, creating the Fort Worth Public Art Program. The purpose of the Fort Worth Public Art Program is to create an enhanced visual environment for Fort Worth residents, to commemorate the city's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the city's capital infrastructure improvements and to promote tourism and economic vitality in the city through the artistic design of public spaces. Specific art projects are funded via a two percent set-aside of General Obligation Bond and Water and Sewer Fund capital improvement funds. On September 30, 2003, (M&C G-14087) the City Council adopted the Public Art Master Plan, which sets forth administrative procedures, including the artist selection panel process by which artists are selected for individual projects. On May 17, 2005, (M&C G-14801) the City Council adopted the Long Range Public Art Plan for the 2004 CIP, which identifies specific projects in the 2004 CIP that have a public art/design enhancement component to be funded by the two percent set aside of bond funds. There are also public art/design enhancement and art conservation projects that will be included in the Long Range Public Art Plan for Water Funds that is currently under development and expected to be presented to the City Council in Fall 2005. Funding for projects in the Long Range Public Art Plan for Water Funds comes from Water and Sewer Operating Fund monies annually transferred into and expended from the Specially Funded Capital Projects Fund. The FY2004-05 contract with the Arts Council of Fort Worth and Tarrant County, with oversight provided by the Fort Worth Art Commission, provided comprehensive management of the Fort Worth Public Art Program, including: 1) Project Management of the following nine public art projects: the Fort Worth Convention Center, Fire Station No. 8, a catalogue of parks system design enhancements, the Rolling Hills Communications Tower, Shamblee Branch Library and the Public Health Center in the Evans and Rosedale Business and Cultural District, Southwest Parkway (SH-121 Tollway), the Vaquero Sculpture on North Main and Camp Bowie Boulevard; 2) Development of the Long Range Public Art Plan for the 2004 CIP, which City Council adopted on May Logname: 03HRS01 Page 1 of 3 17, 2005 (MBC G-14801); 3) Conservation of two prominently-located bronze sculptures in the city's public art collection that were in urgent need of treatment. The sculptures were: 1) "Save the Future" at Fire Station No. 2, located on Cherry Street; and 2) "Duty" in Veterans' Park on Camp Bowie Boulevard; 4) Presentation of public educational programming, including exhibition of The Herd photographs; public art designs for D/FW International Airport Terminal D; lectures by two internationally known public artists, Dennis Oppenheim and Christopher Janney; and an artist training workshop on mural making by Judy Baca, all at the Fort Worth Community Arts Center; and 5) Provision of ongoing staff support for the Fort Worth Public Art Program and Fort Worth Art Commission, as well as individual meetings with City Council members on projects in their districts. Under the proposed FY2005-06 contract and Work Plan, the Arts Council will continue to manage the Fort Worth Public Art Program, including initiation of some 35 new public art and design enhancement projects, with a combined total budget of $3.7 million, in accordance with the Long Range Public Art Plan for the 2004 CIP and the City's 2004 CIP Implementation Schedule. The Arts Council staff will continue to work individually with Council Members to identify specific locations for neighborhood streets and parks design enhancement projects in their districts. In addition, the Arts Council staff will complete work on the draft Long Range Public Art Plan for Water Funds, which will include a Conservation Plan for the city's public art collection, as well as a process for selecting public art projects requested by the community. In addition to the projects specified in the Long Range Plan for Water Funds, other public art, design enhancement and conservation projects are included in the FY2005-06 Arts Council Work Plan. The Arts Council will continue to present public educational programming and artist training workshops, as well as further enhance the program's website. The FY2005-06 Work Plan was recommended for approval by the Fort Worth Art Commission on September 12, 2005. The General Administrative Budget for FY2005-06 increases from $213,638 to $247,674, primarily as a result of salary and benefit increases and the addition of overtime funds to support the large number of evening and weekend meetings in the neighborhoods with projects. The Programmatic Budget for FY2005-06 includes funds to support 26 artist selection processes (up from seven artist selection processes in FY2004-05). The number of artist selection processes in a given fiscal year is driven by the Long Range Public Art Plan for the 2004 CIP and the City's 2004 CIP Implementation Schedule. The Programmatic Budget also includes assessment and/or conservation treatment for 10 works in the city's public art collection, and public education and artist training expenses. Due to the increased number of projects projected to come on-line in FY2005-06, the Arts Council's Programmatic Budget for the Fort Worth Public Art Program increases from $34,900 to $108,925. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GC35 539120 002002001000 $377,545.00 Submitted for City Manager's Office by: Libby Watson (392-6183) Originating Department Head: Bridgette Garrett (392-8518) Logname: 03HRS01 Page 2 of 3 Additional Information Contact: Sandy Oliver (392-7371) Logname: 03HRS01 Page 3 of 3