HomeMy WebLinkAboutContract 35977 (2) CITY SECRETARY
CONTRACT NO.
RENEWAL AND AMENDMENT AGREEMENT
CITY SECRETARY CONTRACT NO. 32886
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES
This Renewal Agreement("Agreement")is made and entered into by and between the City of
Fort Worth,Texas,a municipal corporation organized under the laws of the State of 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.
Recitals
The following statements are true and correct and form the basis of this Agreement:
A. City and Arts Council previously entered into City Secretary Contract No. 32886(the
"Contract"), a contract for professional management services for Arts Council to manage the City's
Public Art Program. The Contract commenced on October 1, 2005 and expired on September 30,
2006, subject to renewal for four one-year renewal terms. This contract was renewed and extended
for a one-year renewal term, commencing on October 1, 2006 and expiring on September 30, 2007
by City Secretary Contract No. 34139 in the amount of$360,633.
B. The Contract provides that the renewal shall occur upon City's City Council
appropriating the funds under the Contract and upon Arts Council providing City with the proof of
insurance in the amounts required under the Contract. City Council has appropriated the funding,
and Arts Council has provided City with the requisite proof of insurance and the parties wish to set
forth herein that the renewal has been affected for the 2007-2008 contract term.
C. The Contract provides that the parties will negotiate the Contract's budget amount
each year. The parties have concluded those negotiations and wish to set forth herein the amount of
the budget for the 2007-2008 contract term.
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Agreement
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. The Contract is hereby renewed and extended for a one-year renewal term,commencing
on October 1, 2007 and expiring on September 30, 2008.
2. Arts Council agrees to provide professional management services to City in the form of
oversight and administrative services for City's 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 2008 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 Agreement, and the terms
of any part of the Program Services or the Contract, this Agreement 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
3. The amount to be paid to Arts Council for all Program Services, as hereinafter defined,
shall not exceed$392,499 for Fiscal Year 2007-2008 and shall be paid in four quarterly
installments.
4. The following amendments shall be made to City Secretary Contract No. 32886:
i. 4.a. Termination— The first two sentences of this section are hereby amended to be
read as follows:
(a) City may terminate this Contract at any time for cause amounting to a
material breach of this Contract by Arts Council,provided that such breach is not
cured within 30 days after receipt of written notice of such breach from the City to
Arts Council. If this contract is terminated by the City pursuant to this Section 4
(a), Arts Council shall immediately discontinue all services and work and the
placing of all orders or the entering into contract 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.
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ii. 5. Indemnification- This section is amended to be read as follow:
ARTS COUNCIL COVENANTS AND AGREES TO INDEMNIFY,HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS,AGENTS, SERVANTS,AND EMPLOYEES FROM AND AGAINST
ANY AND 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 ARTS'S
COUNCIUS EXECUTION, PERFORMANCE,ATTEMPTED PERFORMANCE
OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE ARTS
COUNCIL'S OPERATIONS, ACTIVITIES AND MANAGEMENT SERVICES
DESCRIBED HEREIN. 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 ALL
ACTS OR OMISSIONS OF ARTS COUNCIL, ITS OFFICERS, MEMBERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR
PROGRAM PARTICIPANTS.
ARTS COUNCIL AGREES TO AND SHALL RELEASE CITY, ITS
AGENTS,EMPLOYEES,OFFICERS AND LEGAL REPRESENTATIVES FROM
ALL LIABILITY FOR INJURY,DEATH,DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTS COUNCIL IN CONNECTION WITH OR
INCIDENTAL TO ARTS COUNCIL'S PERFORMANCE OF MANAGEMENT
SERVICES UNDER THIS AGREEMENT.
All other terms and conditions of the Contract shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNTSS WHEREOF, the parties have executed this Agreement on this1day
of , 2007.
ATTEST: CITY FORT WORTH
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City Secretary ' y Watso
Assistant City Manager
APPROVED AS r_O FORM AND LEGALITY:
9
Assistant City Attorney
oak I I — ARTS COUNCIL OF FORT WORTH AND
Contra t Autjhorization TARRANT COU--'Y
Date
By:
F1or 'Maria G a
President
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FORT WORTH PUBLIC ART
FY 2007-08 WORK PLAN
The Arts Council of Fort Worth 8 Tarrant County (the "Arts Council")will continue to
provide professional administration of the Fort Worth Public Art program in FY 2007-08,
including public art project management, collection management and education and
outreach programs in accordance with the Fort Worth Public Art Master Plan as adopted
by City Council on September 30, 2003 to fulfill the ordinance-defined goals of the Fort
Worth Public Art program.
Sixteen public art projects identified in The Long Range Public Art Plan for the 2004 CIP,
adopted by City Council on May 17, 2005, are currently underway with eleven new
projects anticipated in FY 2007-08, including neighborhood streets, the Northwest
Library and the South Community Center.
Nashville Police Station, Fire Station #38, Rodeo Plaza at the Stockyards, the Shamblee
Branch Library and the Fort Worth Convention Center Parking Garage and a welcome
monument at 1-30 and Beach Street are ongoing projects developed under the
guidelines contained in the Long Range Public Art Plan for the Public Art Fund as
adopted by City Council on May 9, 2006. In early 2008, public art staff will pilot an
annual application process for Community Nominated Neighborhood Projects, as well as
projects associated with Urban Villages implementing grant-funded infrastructure
improvement projects.
New projects at Fire Stations#5 and#34, as well as 3 arterials are the result of 2%
public art/design enhancement allocations from the 2007 Certificates of Obligation Sale
for critical capital needs. Additional public art opportunities are under review and a
recommendation from the Fort Worth Art Commission is expected in the coming months.
Three ongoing projects funded by other sources, including the Lancaster Avenue
median sculptures may bring the total active public art and design enhancement projects
to over 50 in FY 2007 with a combined total budget of over$6 million.
(Recommended by Fort Worth Art Commission 9-10-07)
FORT WORTH PUBLIC ART
Collection management is a vital service the Arts Council provides through its annual
contract. In accordance with the Long Range Public Art Plan for the Public Art Fund, the
Conservation Action Plan (CAP) includes appraisals, condition assessments and
administration of the city's Public Art Collection. The recently established, interest-
bearing Public Art Conservation Fund will have a balance of $600,000 at the beginning
of the FY 2007-08. It will fund professional conservation treatment of 18 pieces,
including works at the Will Rogers Memorial Center and the Botanic Gardens.
As in years past, the Arts Council will continue to improve the Fort Worth Public Art web
site (www.fwpublicart.org) and provide semi-monthly enews in an effort to keep the
community informed about the status of projects in their neighborhoods and to
encourage involvement of local artists. Public lectures, exhibitions and artist training
workshops are also being planned for 2008.
PROJECT MANAGEMENT
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. Projects are organized by funding source with ongoing projects listed first
with anticipated new projects following:
2004 Capital Improvement Program
Ongoing Projects:
Proposition 1—Streets
• Southwest Parkway (CD 3)
• Camp Bowie Boulevard (CD 7)
• East 1s`Street Bridge(CD 2)
• Lebow Channel Watershed (CD 2)
• Central City(Trinity Uptown) Bridges(CD 2/CD 9)
• East Rosedale Street(CD 8)—see also 2007 CO
• West Rosedale Street(CD 9)—see also 2007 CO
• Precinct Line Bridge(CD 4/5)
(Recommended by Fort Worth Art Commission 9-10-07)
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FORT WORTH PUBLIC ART
Proposition 2-Parks
• Parks Design Enhancement Projects, piloted at the following sites:
o Como Community Center(CD 7)
o Handley Park(CD 5)
o Summerfield/Chisholm Park(CD 2)
o Tandy Hills Park(CD 8)
o Others TBD (All CDs)
• North Park Community Center/YMCA(CD 2)
Proposition 4—Fire
• Fire Station# 11 (CD 2)
• Fire Station#27 (CD 5)
• Fire Station#41 (CD 7)
Proposition 5— Telecommunications
• Rolling Hills Radio Tower(CD 8-Citywide)
Proposition 6—Public Health
• Animal Care&Control Center(CD 5—Citywide)
New Projects:
Proposition 1 —Streets
■ Unspecified Neighborhood Streets(CD 3)
■ Dallas Avenue(CD 5)—see also PAF(East Lancaster Avenue)
■ Sargent Street(CD 8)—see also PAF(East Lancaster Avenue)
■ Halloran Street(CD 7)
■ Shaw Street(CD 9)
■ Hemphill/Lamar/Taylor(CD 9)
• Chapel Creek Boulevard (CD 3)
■ 7t"Street Bridge (CD 9)
■ North Tarrant Parkway (CD 2)
Proposition 2—Parks
■ Trinity River Trails(TBD-Citywide)
■ South Community Center/Crowley ISD(CD 6)
Proposition 3—Library
• Northwest Branch Library (CD 7)
Public Art Fund
Ongoing Projects:
■ Shamblee Branch Library(CD 8)
■ City Parking Garage(CD 9-Citywide)
■ Fire Station#38 (CD 2)
■ Rodeo Plaza (CD 2 -Citywide)
■ Public Health Center(CD 8—Citywide)—see also 2007 CO
■ Nashville Police Facility (CD 8)—see also 2007 CO
■ 1-30 Welcome Monument(CD 4)—see also Other Funds
(Recommended by Fort Worth Art Commission 9-10-07)
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FORT WORTH PUBLIC ART
New Projects:
■ Water Department Artist-in-Residence(Citywide)
• East Lancaster Avenue Master Plan (CD 5/8)—to include design Dallas
Avenue and Sargent Street in 2004 C/P
■ Lake Como Park Master Plan (CD 7)
■ 2 Pilot Community-Nominated Neighborhood Projects TBD-Application
process pending
■ 5 Urban Villages(with grant funding for implementation in FY 2008):
o Near East Side (CD 8)
o Berry/Riverside (CD 8)
o Hemphill/ Berry (CD 9)
o Six Points (CD 2/4)
o South Main (CD 8)
2007 Certificates of Obligation
Ongoing Projects:
Facilities
• Nashville Police Station (CD 8 )—see also PAF
■ Public Health Center(CD 8)—see also PAF
Streets—Arterials
• East Rosedale Street(CD 8)—see also 2004 CIP
• West Rosedale Street(CD 9)—see also 2004 CIP
New Projects*:
Facilities
■ Fire Station#5(CD 8)
■ Fire Station#34 (CD 2)
Streets—Arterials
■ Keller—Hicks Road/ N. Beach Street
■ Dirks/Alta Mesa
■ Summercreek Drive
[NOTE:Other new projects maybe initiated during FY 2008 based upon a Public Art Plan for the 2007 CO Sale
to be completed in Fall 2008.]
Other Funding Sources
Ongoing Projects:
■ Vaquero Sculpture on North Main Street(CD 2)
■ Lancaster Avenue Median (CD 9)
Potential New Projects:
■ Guinn School Plaza (CD 8)
■ TBD - Fort Worth Convention Center(CD 9-Citywide)
(Recommended by Fort Worth Art Commission 9-10-07)
FORT WORTH PUBLIC ART
COLLECTION MANAGEMENT
To protect the value, integrity and authenticity of each work in the Fort Worth Public Art
Collection, the following activities are planned for FY 2008:
Ongoing Projects:
Complete 2 conservation projects:
• Twelve Triangles Hanging at City Hall (CD 9-Citywide)
• Zipper Mural Restoration (partial)on City Hall Annex Building (CD 9)
New Projects:
• Appraisals of 3 works in the Fort Worth Public Art Collection.
• Condition assessments of 3 works in Fort Worth Public Art Collection.
• Conservation cleaning of 7 works in the Fort Worth Public Art Collection
• Conservation treatment of 11 works in the Fort Worth Public Art Collection.
PUBLIC EDUCATION/ OUTREACH
Ongoing Projects:
• FWPA Website(www.fwpublicart.org)- Improved public art project status
reports and Fort Worth Public Art Collection information (database to provide
live updates currently under development)
• FWPA Enewsletter(published twice per month)—publishing news and
information for community members and artists interested in participating the
Fort Worth Public Art program
New Projects:
• Public Art Lecture/Symposium—Effective collaborations between artists and
design professionals
• Publication of revised FWPA brochure and 5 new collection cards on newly
completed projects
• Exhibitions highlighting public art projects and the other work of
commissioned artists
General Program Administration
• Develop a public art plan for the 2007 Certificates of Obligation projects
• Develop an annual application process for Community Nominated
Neighborhood Projects
(Recommended by Fort Worth Art Commission 9-10-07)
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FORT WORTH PUBLIC ART
• Provide ongoing staff support of Fort Worth Art Commission, including
monthly meetings (drafting agendas, preparing backup and minutes), as well
as special meetings and annual retreat
• Maintain the FWPA Artist Registry, mailing lists and databases and provide
public access, as appropriate
• Serve as a clearinghouse for public art information to the community
(Recommended by Fort Worth Art Commission 9-10-07) 3?(
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Fort Worth Public Art FY 2008
Proposed Budget Summary
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FY 2008 Comments
Personnel $249,227 $265,880
Operating $33,786 $30,463
$283,013 $296,343 Administrative Expenses Total
PROGRAMMATIC
Artist Selection Processes $23,100 $30,395
Collection Management $69,420 $102,611
$28,000 $47,950 Less direct Conservation Fund expenditures
$41,420 $54,661 Cotleciion Management Subtotal
Education&Outreach $13,100 $11,100
$77,620 $96,156 1 Programmatic Expenses Total
$360,633 $392,499 1 GRAND TOTAL
(Revised September 9,2007)
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007
DATE: Tuesday, September 25, 2007
LOG NAME: 0308PUBLICART REFERENCE NO.: C-22411
SUBJECT:
Authorize Renewal of Professional Services Agreement with the Arts Council of Fort Worth and
Tarrant County, Inc., for FY2007-08 Management of the Fort Worth Public Art Program
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to renew a professional services
agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for FY2007-08 management of the
Fort Worth Public Art Program.
DISCUSSION:
Under the proposed FY2007-08 renewal contract and Work Plan, the Arts Council will continue to
administer the Fort Worth Public Art Program, including management of up to 55 current and new public art
and design enhancement projects included in the Long Range Public Art Plan for the 2004 Capital
Improvement Program, the Long Range Public Art Plan for the Water Fund and other projects, with a
combined budget of over $6.3 million. The agreement will be for the amount of $392,499 to be paid to the
Arts Council of Fort Worth and Tarrant County Inc.
In addition, the Arts Council will administer the Conservation Action Plan (CAP), including appraisals and
condition assessments on three works, as well as preventative conservation maintenance or conservation
treatment of 18 existing works in the Fort Worth Public Art Collection. The Arts Council also will continue to
present public educational programming and artist training and improve the program's website
(www.fwpublicart.org).
The Administrative Budget for FY2007-08 includes a full year's funding for a Project Manager position that
was added for a partial year in FY2006-07. Besides project management and general administration of the
program, the Public Art staff is developing an application process for Community Nominated Neighborhood
Projects, to be initiated in early 2008, and a public art plan for the 2007 Certificates of Obligation sale.
The Programmatic Budget for FY2007-08 includes funds to support artist selection processes,
implementation of the FY2007-08 Conservation Action Plan (CAP), and public education and artist training
programs. The number and type of artist selection processes in a given fiscal year is driven by the City's
implementation schedule for capital projects identified in the Long Range Public Art Plan for the 2004 CIP,
and new public art projects recommended by the Fort Worth Art Commission in its annual Work Plan. In
addition, the City is implementing projects included in the 2007 Certificates of Obligation sale and other
projects, such as the Lancaster Avenue Median project, 'Avenue of Light". Collection Management
Administration, including appraisals and condition assessments is included in the Programmatic Budget;
however, $47,950 for conservation treatment of 18 pieces in the Fort Worth Public Art Collection will be
derived from the interest-bearing Public Art Conservation Fund.
The Fort Worth Art Commission endorsed a draft FY2007-08 Work Plan on August 13, 2007, which was
widely publicized through various print and electronic media. The Fort Worth Art Commission held a public
hearing on September 10, 2007, and received no opposition to the draft plan. The FY2007-08 Work Plan
http://www.fortworthgov.org/council_packet/Reports/mc_print-asp 10/2/2007
Page 2 of 3
was formally recommended that same date. The FY2007-08 budget of $392,499 represents a 9 percent
increase over last year's budget. This increase is due to conversion of a part-time position to full-time, full
year budget for position added in FY2006-07, and staff salary increases averaging two percent.
BACKGROUND:
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 Fort Worth 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 Capital Improvement Program (C/P), 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. On May 9, 2006 (M&C G-15185), the City Council adopted the Long Range Public Art
Plan for the Water Fund, which outlines a process by which the Fort Worth Art Commission may
recommend new public art projects to be initiated each year, as well as an annual Conservation Action Plan
(CAP).
From program inception to date, the Arts Council of Fort Worth and Tarrant County, Inc., with oversight
provided by the Fort Worth Art Commission, has provided comprehensive management of the Fort Worth
Public Art Program, and some 31 public art conservation projects. In FY2006-07 specifically, the Arts
Council accomplished the following:
1) Management of public art/design enhancement projects, with a combined budget of over $5 million. The
following projects were completed this fiscal year: Fire Station No. 8, which has received national
recognition at the annual Americans for the Arts Convention; Piedmont Road curb enhancements; and the
City Council Chamber's new"Molly" sculpture;
2) Conservation treatment of various works in the Fort Worth Public Art Collection and restoration of the
Northside Branch Library Mural were completed; and,
3) Presentation of public educational programming, including an exhibition entitled, "FWPA Artist Spotlight:
Letitia Huckaby" at the Fort Worth Community Arts Center, which featured the artist's proposal for the
Shamblee Branch Library public art project and an exhibition of The Herd Portfolio at the Central Library. A
comprehensive project and collection database that will provide online status reports to the community via
the Fort Worth Public Art web site (www.fwpublicart.org) was also initiated.
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
C291 539120 031989990100 $392,499.00
Submitted for City Manager's Office b . Libby Watson (6183)
Originating Department Head: Bridgette Garrett (8518)
Additional Information Contact:
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 10/2/2007
. Page 3 of 3
Sandy Oliver (7371)
http://www.fortworthgov.org/council_packet/Reports/mc_print.asp 10/2/2007