HomeMy WebLinkAboutContract 58475 CSC No. 58475
AGREEMENT FOR SERVICES
THIS AGREEMENT FOR SERVICES ("Agreement") is made and entered into by and between
THE CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas
(hereinafter referred to as "City"), acting by and through its duly authorized Assistant City
Manager, and ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC., DB/A
Arts Fort Worth, a Texas non-profit corporation (hereinafter referred to as "Contractor"), acting
by and through its duly authorized President.
RECITALS
WHEREAS, Contractor administers the City's Competitive Grants Program for the Arts and the
Fort Worth Public Art Program, which serves to enrich our community through the arts;
WHEREAS, such Services, defined below, serve a public purpose in promoting artistic and
cultural activities benefiting the Fort Worth community as a whole;
WHEREAS, Contractor administers the Competitive Grants Program for the Arts,which includes
the General Operating Support Grants, to provide funding and leadership to stimulate and ensure
the advancement of the Arts throughout the entire community;
WHEREAS, through the Competitive Grants Program for the Arts, Contractor serves to benefit
the Fort Worth community by supporting the various artistic and cultural organizations including
Artes de la Rosa and the Community Arts Center;
WHEREAS, City established the Fort Worth Public Art (FWPA) Program pursuant to Chapter 2,
Sections 2-56 through 2-61 of the Fort Worth City Code,to create an enhanced visual environment
for Fort Worth residents,to commemorate City's rich cultural and ethnic diversity, to integrate the
design work of artists into the development of City's capital infrastructure improvements, and to
promote tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, the Fort Worth City Council has selected Contractor to provide the day-to-day
administration of the Fort Worth Public Art Program pursuant to Chapter 2, Section 2-60 of the
Fort Worth City Code; and
WHEREAS, City and Contractor wish to set out the terms and conditions under which said
Services will be provided;
NOW, THEREFORE, City and Contractor for and in consideration of the mutual covenants and
agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 1
AGREEMENT
1. SCOPE OF SERVICES.
Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and
due diligence, all oversight and administrative services for the City of Fort Worth Competitive
Grants Program for the Arts and the City of Fort Worth Public Art Program, as described in
Exhibit "A" and Exhibit "B," respectively, which are attached and incorporated herein for all
purposes incident to this Agreement ("Services").
2. COMPENSATION.
a. In consideration of the Services to be performed hereunder by Contractor, City
promises and agrees to pay Contractor in one installment the sum of One Million, Seven
Hundred Eighty-Six Thousand, Three Hundred Seventy Dollars ($1,786,370.00)
("Funds") for and in support of the arts programming within the City as detailed in
Exhibits A and B. For Fiscal Year 2023 (October 1, 2022, through September 30,
2023), Contractor shall expend and distribute these Funds as follows:
ITEM AMOUNT
Management and distribution of Funds $1,031,075.00
for Competitive Grants Program
Management of City Public Art Program $ 505,295.00
Management of Rose Marine Theatre &Community Arts Center $ 250,000.00
TOTAL $1,786,370.00
b. Contractor shall receive direct payment in the amount of $1,031,075.00 to run the
comprehensive Grants Program for the Arts no more than ten percent (10% or
$103,107.50) shall be used for administrative costs associated with the management of
that program. The remaining amount ($927,967.50) shall be used for the Competitive
Grants Program distribution of Funds via grants to artists and arts organizations that
are to be selected by Contractor in accordance with the terms of this Agreement and in
the exercise of Contractor's reasonable discretion.
c. The organizations selected by Contractor and those listed in the chart above (Rose
Marine Theatre & the Community Arts Center) shall be referred to herein as
"Recipients."Recipients of grants shall be selected through a competitive grant process
as outlined in Exhibit A.
d. Contractor shall receive direct payment in the amount of$505,295.00, for the Public
Art Program Professional Management Services, which are outlined in more detail in
Exhibit B, with the expectation that Contractor will submit to City at the end of the
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 2
fiscal year a comprehensive listing of all Project Management hours associated with
specific projects that have funds budgeted for Project Management hours. Contractor
will work with City to allow City to reimburse the general fund through transfers from
capital project funds related to specific projects. Reimbursable hours to City from
Capital Project funds may also include development staff hours for Iconic Artworks
when allowable under the capital funding source.
e. The City shall disburse to Contractor a total of$250,000.00 for management of the
City-owned facilities known as the Community Arts Center and the Rose Marine
Theater. Of this amount, Contractor shall retain$200,000.00 for its management of the
Community Arts Center. Contractor shall distribute the remaining $50,000.00 to Artes
de la Rosa for its management of the Rose Marine Theater. Contractor shall make the
distribution to Artes de la Rosa as soon as Funds are made available from the City.
3. REPORTING OF EXPENDITURES AND SERVICES.
a. For the Competitive Grant Program, Contractor shall deliver to the City a quarterly
statement of the total receipts and expenditures of Funds ("Quarterly Report")
detailing how the Funds were expended by Contractor itself and distributed to each
Grant Recipient to accomplish performance of the Services. The quarterly statement
shall include budget and expenditure update, program activity reports and an overall
status of programs.
b. For the Fort Worth Public Art program, Contractor shall deliver to the City a Quarterly
Report including an operating budget and expenditure update and program activity
reports. Contractor shall also deliver a Public Art Project Status Report that indicates
the current status of public art projects in meeting key milestones, particularly for
projects funded by previous bond programs such as the 2004, 2008, 2014, and 2018
Bond Programs and the 2007 Critical Capital Needs Program.
c. Each Quarterly Report(with the exception of the Public Art Project Status Report)must
be prepared and signed by a representative of the Contractor who has responsibility for
oversight of Contractor's financial accounts and records. If the Contractor deviates
from this reporting requirement, the Contractor will be considered in non-compliance
with this Agreement.
d. Each Quarterly Report, including the Public Art Project Status Report, must be
submitted to the City's Planning &Data Analytics Department, not later than the 15th
day of the first month, or the first business day following the 15th day of the month if it
falls on a weekend, after the end of each quarter. Therefore, each respective Quarterly
Report must be submitted not later than January 16, 2023; April 17, 2023; July 17,
2023; and October 16, 2023.
e. Any non-compliance by Contractor under Section 3 of this Agreement may jeopardize
the Contractor's ability to receive future funding from the City. In addition, failure to
comply with Section 3 or any other term of this Agreement, including, but not limited
to, requirements regarding location of arts programming, may result in forfeiture of
grant monies not yet disbursed and/or required reimbursement of all monies awarded.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 3
4. REPORTING DEADLINES
Not later than the 15th day of the first month after the end of each quarter (or the first business day
following the 15th day of the month if it falls on a weekend), Contractor shall submit to the City a
report of Services for its Competitive Grant Program and each Grant Recipient, and, separately,
for the Fort Worth Public Art program. Therefore,each respective Quarterly Services Report must
be submitted not later than January 16, 2023;April 17, 2023;July 17, 2023;and October 16, 2023.
5. TERM AND TERMINATION.
a. This Agreement shall be for a Term beginning October 1, 2022 and ending September
30, 2023.
b. Either party may cancel this Agreement upon thirty (30) days' notice in writing to the
other party of such intent to terminate.
c. The City may terminate this Agreement immediately for any violation by Contractor
of Section 3, "Reporting of Expenditures" or Section 4, "Reporting Deadlines,"above.
d. In the event no Funds or insufficient Funds are appropriated by the City in any fiscal
period for any payments hereunder, City will notify the Contractor of such occurrence,
and this Agreement 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, except as to the portions of the payments herein agreed upon for which
Funds shall have been appropriated.
e. The City may cancel this Agreement if it is found that gratuities in the form of
entertainment, gifts, or otherwise were offered or given by Contractor or any agent or
representative to any City official or employee with a view toward securing favorable
treatment with respect to the awarding, amending, or making of any determinations
with respect to performance under this Agreement. In the event this Agreement is
canceled by City, City shall be entitled, in addition to any other rights and remedies, to
recover from Contractor a sum equal in amount to the cost incurred by Contractor in
providing such gratuities.
f. In the event of any termination under this Section 5, Contractor shall reimburse to City
all Funds that Contractor has received under this Agreement for purposes of
discretionary distribution but that it not otherwise committed or encumbered by
contract. Contractor shall include in its funding contract with each Recipient, that in
the event of any termination of this Agreement or a Recipient contract, Recipient shall
reimburse to the City all Funds that Recipient has received but that it has not otherwise
committed or encumbered by contract.
g. Further, upon termination of this Agreement for any reason, within a reasonable time,
Contractor shall provide City with copies of all completed or partially completed
documents prepared under this Agreement, including, but not limited to, all documents
pertaining to the Fort Worth Public Art Program.
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6. RIGHT TO MONITOR SERVICES.
Contractor covenants and agrees to fully cooperate with City in monitoring the effectiveness of
the Services to be performed under this Agreement, and City shall have access at all reasonable
hours to offices and records of Contractor for the purpose of such monitoring. Contractor further
agrees to include in its agreement with each Recipient, that the Recipient agrees to fully cooperate
with the City in monitoring the effectiveness of the Services to be performed under this Agreement,
and City shall have access at all reasonable hours to offices and records of the Recipient for the
purpose of such monitoring.
7. INDEPENDENT CONTRACTOR.
Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Contractor shall have exclusive control of and the exclusive right to
control the details of the Services performed hereunder and all persons performing same and shall
be solely responsible for the acts and omissions of its officers, agents, servants, employees,
subcontractors, and program participants. The doctrine of respondent superior shall not apply as
between the City and Contractor, its officers, agents, servants, employees, subcontractors, or
program participants. Nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. It is expressly understood and agreed that no officer,
agent, employee, or subcontractor of Contractor is in the paid service of City.
8. LIABILITY, INDEMNIFICATION, AND RELEASE.
a. CITY SHALL IN NO WAY OR UNDER ANY CIRCUMSTANCES BE
RESPONSIBLE FOR ANY PROPERTY BELONGING TO CONTRACTOR,
ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, PROGRAM
PARTICIPANTS, OR RECIPIENTS THAT MAY BE LOST, STOLEN,
DESTROYED, OR IN ANY WAY DAMAGED. CONTRACTOR HEREBY
AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND
ALL CLAIMS OR SUITS CONCERNING SUCH PROPERTY.
CONTRACTOR 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
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES, AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 5
ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS,AND EMPLOYEES FOR ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND 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
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES, AND SERVICES
DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PAR T.
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF CITY.
CONTRACTOR 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 CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, PROGRAM
PARTICIPANTS,OR RECIPIENTS, WHETHER OR NOT CAUSED.IN WHOLE
OR IN PART. BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS OF
CITY. CONTRACTOR 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 IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF
THE INJURY. DEATH. DAMAGE. OR LOSS IS CAUSED BY CITY'S SOLE OR
CONCURRENT NEGLIGENCE.
b. Contractor shall require all of its subcontractors and Recipients to include in their
subcontracts a release and indemnity in favor of City in substantially the same
form as above.
c. Release: Contractor agrees to and shall release City, its representatives, agents,
employees, officers, and legal representatives from any and all liability for injury,
death, damage, or loss to persons or property sustained by Contractor, its
representatives, agents, employees, officers, and legal representatives in
connection with or incidental to Contractor's performance of Services under this
Agreement.
d. This Section shall survive the expiration or termination of this Agreement.
9. MISAPPRORIATION OF FUNDS.
In the event it is determined that Contractor or any Grant Recipient has misused, misapplied, or
misappropriated all or any part of the Funds provided hereunder, Contractor agrees to indemnify,
hold harmless and defend the City of Fort Worth, its officers, agents, servants, and employees,
from and against any and all claims or suits resulting from such misuse, misapplication, or
misappropriation.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 6
10. CHARITABLE IMMUNITY.
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damage or injury, including death,to persons
or property, Contractor hereby expressly waives its rights to plead defensively such immunity or
exemption as against the City.
11.ASSIGNMENT AND SUBCONTRACTING.
Contractor shall not assign or subcontract all or any part of its rights, privileges, or duties under
this Agreement without the prior written consent of City, and any attempted assignment or
subcontract of same without such prior written approval shall be void and constitute a breach of
this Agreement.
12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Contractor, its officers, agents, employees, and subcontractors shall abide by and comply with all
federal, state, and local laws, including all ordinances, rules, and regulations of City. It is agreed
and understood that, if City calls to the attention of Contractor any such violation on the part of
Contractor or any of its officers, agents, employees, or subcontractors, then Contractor shall
immediately desist from and correct such violation.
13.NON-DISCRIMATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties
and obligations hereunder, it shall not discriminate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES
FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY CONTRACTOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS,
SUBCONTRACTORS OR SUCCESSORS IN INTEREST, CONTRACTOR AGREES TO
ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD
CITY HARMLESS FROM SUCH CLAIM.
14. INSURANCE.
a. Contractor shall not commence work under this Agreement until it has obtained all
insurance required under this Agreement, and City has approved such insurance, nor
shall Contractor allow any subcontractor who is performing physical work on City
property 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.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 7
b. Workers' Compensation Insurance: Contractor shall take out and maintain during the
life of this Agreement statutory Workers' Compensation Insurance for all of its
employees performing any of the services hereunder, and, in case any work is sublet,
Contractor 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 Contractor's insurance. In case any class of employee who
engages in hazardous work under this Agreement is not protected under the Workers'
Compensation statute, Contractor shall provide and shall cause subcontractor to
provide adequate and suitable insurance for the protection of employees not otherwise
protected.
c. Commercial General Liability Insurance: Contractor shall procure and maintain during
the life of this and any renewal Agreement a commercial general liability ("CGL")
insurance policy in an amount not less than One Million Dollars ($1,000,000.00) per
occurrence with a Two Million Dollar ($2,000,000.00) aggregate. The CGL policy
shall protect Contractor, City, and any subcontractor performing work covered by this
Agreement from and/or against any and all claims, suits, and/or causes of action for
any and all types of damage, including, but not limited to, personal injury (including,
but not limited to, death and/or bodily injury) and property damage or losses that may
arise from the operations, services, and activities of the programs described under this
Agreement, whether such operations, services, and activities be by Contractor, City, or
by any subcontractor or by anyone directly or indirectly employed by any of them. The
City shall be designated as an additional insured on the general liability policy, and the
general liability policy shall be primary with respect to any insurance or self-insurance
programs maintained by City.
d. Non-Profit Organization Liability or Directors & Officers Liability: Contractor shall
procure and maintain $1,000,000.00 per occurrence, with a $1,000,000.00 annual
aggregate limit, in a form that is acceptable to the City's Risk Manager.
e. Automobile Liability Insurance: Contractor shall procure and maintain automobile
liability insurance with the following limits: a One Million Dollar ($1,000,000)
combined single limit, or split limits of (1) Two Hundred Fifty Thousand Dollars
($250,000.00) bodily injury per person, (2) Five Hundred Thousand Dollar
($500,000.00) bodily injury per accident, and (3) One Hundred Thousand Dollar
($100,000.00) property damage. City shall be designated as an additional insured on
the automobile liability insurance policy.
f. Errors & Omissions (Professional Liability): Contractor shall procure and maintain an
Errors and Omissions (Professional Liability) policy of insurance with minimum
coverage of not less than One Million Dollars ($1,000,000.00)per claim and aggregate.
If coverage is written on a claims-made basis, the retroactive date shall be coincident
with or prior to the date of the contractual agreement. The certificate of insurance shall
state that the coverage is claims-made and include the retroactive date. The insurance
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 8
shall be maintained for the duration of the Agreement and any renewal term and for
five (5) years following completion of the Service provided under the Agreement and
any renewal term. An annual certificate of insurance submitted to the City shall
evidence coverage.
g. Proof of Insurance Coverage: Contractor shall furnish City with a certificate of
insurance as proof that it has obtained for the duration of this Agreement, and any
renewal term, the insurance amounts required herein. Contractor's insurance policies
shall provide that the insurer shall give City thirty(30) days'prior written notice before
altering, modifying, or terminating the insurance coverage.
h. Contractor's insurer(s) must be authorized to do business in the State of Texas for the
lines of insurance coverage provided and be currently rated in terms of financial
strength and solvency to the satisfaction of the City's Risk Manager.
i. Each insurance policy required herein shall be endorsed with a waiver of subrogation
in favor of the City. Each insurance policy required by this Agreement (except for
policies of workers' compensation or accident/medical insurance, if required) shall list
the City as an additional insured. City shall have the right to revise insurance coverage
requirements under this Agreement.
15. RIGHT TO AUDIT RECORDS.
a. Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine, whether in
hard copy or electronic format, any directly pertinent books, documents, papers, and
records of the Contractor involving transactions relating to this Agreement. Contractor
agrees that the City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and appropriate workspace in order
to conduct audits in compliance with the provisions of this section. The City shall give
Contractor reasonable advance notice of intended audits.
b. Contractor further agrees to include in all of its subcontractor and Recipient agreements
hereunder a provision to the effect that the subcontractor and/or the Recipient agrees
that the City shall, until the expiration of three (3) years after final payment under the
subcontract or this Agreement,have access to and the right to examine,whether in hard
copy or electronic format, any directly pertinent books, documents,papers, and records
of such subcontractor or Recipient involving transactions relating to the subcontract or
this Agreement, and further that City shall have access during normal working hours
to all subcontractor or Recipient facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this paragraph. City shall give subcontractor or Recipient reasonable advance notice
of intended audits.
c. This Section shall survive the expiration or termination of this Agreement.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 9
16. GOVERNING LAW AND VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance,or attempted performance of this Agreement,venue for said action shall lie in Tarrant
County, Texas.
17. NOTICES.
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other party
shown below:
Planning and Data Analytics Wesley Gentle, Interim President
Department
City of Fort Worth Arts Council of Fort Worth and Tarrant
County, Inc. DB/A Arts Fort Worth
200 Texas St. 1300 Gendy Street
Fort Worth, Texas 76102 Fort Worth, Texas 76107
(817) 392-7621 (817) 298-3022
18. NO WAIVER.
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right conferred herein shall not be construed as a waiver or
relinquishment to any extent of City's or Contractor's right to assert or rely upon any such term or
right on any future occasion.
19. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
a. Contractor hereby warrants to the City that Contractor has made full disclosure in
writing of any existing or potential conflicts of interest related to Contractor's Services
under this Agreement. In the event that any conflicts of interest arise during the time
in which this Agreement is in effect, Contractor hereby agrees immediately to make
full disclosure to the City in writing.
b. Contractor, for itself, its officers, agents, and employees, further agrees that it shall
treat all information provided to it by the City ("City Information") as confidential
and shall not disclose any such information to a third party without the prior written
approval of the City. Contractor shall store and maintain City Information in a secure
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 10
manner and shall not allow unauthorized users to access, modify, delete, or otherwise
corrupt City Information in any way. Contractor shall notify the City immediately if
the security or integrity of any City Information has been compromised or is believed
to have been compromised.
20. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or
impaired.
21. FORCE MAJEURE.
The City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement. If either party is unable, either in whole or part, to
fulfill its obligations under this Agreement due to acts of God; strikes, lockouts,or other industrial
disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public
health crises; earthquakes; fires; floods;restraints or prohibitions by any court,board, department,
commission, or agency of the United States or of any state; declaration of a state of disaster or of
emergency by the federal, state, county, or City government in accordance with applicable law;
issuance of a Level Orange or Level Red Alert by the United States Department of Homeland
Security;any arrests and restraints; civil disturbances; or explosions; or some other reason beyond
the party's reasonable control(each a"Force Majeure Event"),the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event.
22. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall not be deemed
a part of this Agreement.
23. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement 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
Agreement or any exhibit hereto.
24. ENTIRETY OF AGREEMENT.
This written instrument (together with all exhibits and schedules attached hereto and incorporated
herein) constitutes the entire understanding of the parties hereto concerning the subject matter and
transaction addressed herein. Any prior or contemporaneous, oral or written agreement that
purports to vary from the terms hereof shall be void.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 I I
25. IMMIGRATION NATIONALITY ACT.
Contractor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate
procedures and controls so that no services will be performed by any Contractor employee who is
not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY
AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S
EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice
to Contractor, shall have the right to immediately terminate this Agreement for violations of this
provision by Contractor.
26. NO BOYCOTT OF ISRAEL.
If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this
section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the
Texas Government Code, the City is prohibited from entering into a contract with a company for
goods or services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1)does not
boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
27. PUBLIC INFORMATION ACT.
Contractor understands and acknowledges that City is apublic entity under the laws of the State of
Texas and as such, all documents held by City are subject to disclosure under Chapter 552 of the
Texas Government Code. Contractor shall clearly indicate to City what information it deems
proprietary. If City is required to disclose any documents that may reveal any of Contractor's
Proprietary Information to third parties under the Texas Government Code, or by any other legal
process, law,rule, or judicial order by a court of competent jurisdiction, Citywill notify Contractor
prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for
objections to disclosure. City agrees to restrict access to Contractor's information to those persons
within its organization who have aneed to know for purposes of management of this Agreement.
City agrees to inform its employees of the obligations under this paragraph and to enforce
rules and procedures that will prevent anyunauthorized disclosure or transfer of information. City
will use its best efforts to secure and protect Contractor's information in the same manner and to
the same degree it protects its own proprietary information; however, City does not guarantee
that any information deemed proprietary by Contractor will be protected from public disclosure if
release is required by law.The foregoing obligation regarding confidentiality shall remain in effect
for aperiod of three (3)years after the expiration of this Agreement.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 12
28. NO THIRD-PARTY BENEFICIARIES.
This Agreement 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
Agreement. Each party hereto shall be solely responsible for the fulfillment of its own
contracts or commitments.
29. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not waive or
surrender any of its governmental powers.
30. ENERGY COMPANIES.
If Contractor is a company with ten(10) or more full-time employees and if this Agreement is for
$100,000 or more, Contractor acknowledges that in accordance with Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited
from entering into a contract for goods or services that has a value of$100,000 or more that is to
be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of the
contract. The terms "boycott energy company" and "company" have the meaning ascribed to
those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,
R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides
written verification to the City that Contractor: (1) does not boycott energy companies; and (2)
will not boycott energy companies during the term of this Agreement.
31. FIREARMS AND AMMUNITION INDUSTRIES.
If Contractor is a company with ten (10) or more full-time employees and if this Agreement
is for $100,000 or more, Contractor acknowledges that in accordance with Chapter 2274 of
the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City
is prohibited from entering into a contract for goods or services that has a value of$100,000
or more that is to be paid wholly or partly from public funds of the City with a company with
10 or more full-time employees unless the contract contains a written verification from the
company that it: (1) does not have a practice,policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the
term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed
to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th
Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is
applicable to this Agreement, by signing this Agreement, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1) does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 13
firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
32. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to
execute this Agreement on behalf of the respective party, and that such binding authority has
been granted by proper order,resolution, ordinance or other authorization of the entity. Each
party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective October 1, 2022.
CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH
AND TARRANT COUNTY, INC. DB/A
ARTS FORT WORTH
Wesley GiMtfie(I 022 12:05 CST)
Fernando Costa Wesley Gentle
Assistant City Manager Interim President
Date: 11/14/2022 Date: 11/14/2022
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4*hette S.Goodall(Nov 14,20221 CS-0
Jannette Goodall
City Secretary 11/14/2022
Date:
APPROVED AS TO FORM AND LEGALITY:
OFFICIAL RECORD
Name: Jessika J. Williams CITY SECRETARY
Assistant City Attorney FT.WORTH,TX
CONTRACT AUTHORIZATION:
M&C: 22-0801
Form 1295:
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 14
City of Fort Worth Contract Compliance Manager
By signing I acknowledge that I am the person responsible
For the monitoring and administration of this contract, including
Ensuring all performance and reporting requirements.
E"cam 8� er
Eric Fladager(Nov 14,202212:17 CST)
Name: Eric Fladager
Title: Assistant Planning &Data Analytics Director
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 15
EXHIBIT A
Fiscal Year 2023
COMPETITIVE GRANTS PROGRAM FOR THE ARTS SERVICE ACTIVITIES
Through Contractor's administration and monitoring of contracts
- Funds shall be expended solely for and in support of cultural arts initiatives (exhibitions,
installations, performances, concerts, culturally based public engagements, etc.) within the
City as detailed in this Agreement.
- Manage and Coordinate the Grants Program for the Arts and contracts for cultural services,
including:
1. Provide for an open, unbiased, and competitive grants process.
2. Ensure proposed grant activities involve arts programming within the City.
3. Ensure diversity on grants panels.
4. Require from Recipients, and provide to the City, quarterly monitoring of
Recipients' grant goals.
5. Ensure use of sound fiscal practices and encourage best practices throughout
Recipient organizations.
6. Ensure that Recipients maintain their base of operations in the City in order to
promote a cultural economy.
7. Promote equity, diversity, and inclusion of all peoples within the making,
presentation, and participation of the creative process
- Cost Allocation—$103,107.50 of the total funding identified in the Agreement as being for the
Grants Program for the Arts shall be retained by Contractor for its administration costs of the
Grants Program, and the remaining Funds for Grants Program for the Arts shall be designated
to recipients.
- All operating grants greater than$10,000.00 will be distributed in quarterly installments,while
operating grants of$10,000.00 or less will be payable in one lump sum upon execution of the
grant contract. Outreach Program Grants will be payable in two payments, regardless of the
amount of the grant,with the first payment equaling fifty percent (50%)of the grant award and
being payable on execution of the grant contract and the second payment equaling fifty percent
(50%) of the grant award and being payable following completion of the project and
submission of a final report. Smaller grants i.e. operations, capacity building, program grant,
will be paid in full upon execution the contract.
- All Operating and Outreach Grants awarded require a 1:1 cash match.
- Distribute Annual Grant Funding to Fort Worth Community Arts Center and Rose Marine
Theater.
- Provide pass-through funding to Recipients as directed by the City of Fort Worth pursuant to
Section 2 of this Agreement.
- Any unused or returned grant Funds shall be used for future grant awards and be included in
the quarterly reports.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 16
- Education workshops for Arts Organizations and within the City; During the Term of the
Agreement, produce one or more workshops that support best practices in the industry. Topics
may include but are not limited to governance, board development, finance and human
resources,grant application and compliance, ethics, marketing, and social media, inclusion and
diversity.
- Annual Audit—Annual audit performed by an independent audit firm
• Report submitted to City upon completion
- Promote and credit the City of Fort Worth as a critical partner in funding for the arts.
• Ensure the City of Fort Worth is credited in printed materials
• Promote the City of Fort Worth as a cultural destination to visitors
GRANTS PROGRAM FOR THE ARTS DESCRIPTION
Nonprofit arts organizations that apply to the Arts Council of Fort Worth Grant Program must:
- Be a nonprofit arts organization whose primary mission is the presentation or production
of artistic programming. (No academic institutions or their affiliated arts groups will be
eligible for Funds.)
- Such organizations must be recognized by the IRS as a 501(c)(3) nonprofit organization;
- Have a Fort Worth physical address for business and maintain a base of operations in the
City of Fort Worth accessible to the public;
- Demonstrate active operations and history of at least two years of consecutive related
programming within the City of Fort Worth;
- Have a salaried full or part-time administrator that is responsible for and authorized to
address the contractual obligations of the Arts Council Cultural Contract and the business
management of the organization.
- Be in good standing and compliant with the Arts Council Grant Program
Artists that apply to the Arts Council of Fort Worth Project Grant Program must:
- Be 18 years or older. (No students receiving academic credit or affiliated with arts groups
within an educational setting will be eligible for Funds);
- Artist(s) must be a resident of the City of Fort Worth;
- Be a practicing artist with a portfolio of recent artworks;
- Demonstrate the ability to work on community-based projects that enrich and enhance Fort
Worth's diverse cultural communities.
QUARTERLY REPORT INFORMATION: Audiences Served
Goal: Through contracts for cultural services with area arts organizations, make available a
variety of arts programming (events, performances, exhibits, and the like) to residents of
and visitors to the City of Fort Worth:
General Operations:
Number served annually: 650,000
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 17
Youth served annually 250,000
Admitted free of charge annually: 45%
Outreach Program(s):
Number served annually 90,000
Youth served annually: 75,000
Number of presentation days: 300
Number of council districts from which attendees are drawn: 8
Virtual Program Participation 30,000
Online Viewership of Artistic Presentations 1,000,000
Requirement: Collect attendance data from all Arts Council funded organizations
- Documentation: quarterly summary attendance reports for both General
Operations and outreach - funded programs.
Goal: Provide low-cost arts and education opportunities for artists and arts administrators in the
City:
Educational workshops presented annually 10
Community Arts Center Gallery and Theater Rental annually 250 days
Community Arts Center attendance annually 40,000
Virtual Program Participation 5,000
Online Viewership of Artistic Presentations 30,000
Requirement: Collect usage data for all Arts Center-based events
- Documentation: Collect a minimum of one Visitor Surveys per year from
visitors attending events at the Community Arts Center
- Documentation: Quarterly Arts Center traffic statistics
Maximum allowable awards for Operating Grant Support are based on a percentage of the
grant applicant's annual operating budget, as listed below. Due to funding limits and the
increasing number of eligible applicants, awards rarely approach maximum eligible
amounts.
Applicant's Annual Operating Budget Maximum Award - Operating Support
$1 million or more 5% of Operating Budget
$450,000 -$999,999 10% of Operating Budget
$100,000 -$449,999 15% of Operating Budget
$50,000 - $99,999 $3,000 Award
$49,999 - $10,000 $1,000 Award
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 18
EXHIBIT B
Fiscal Year 2023
FORT WORTH PUBLIC ART PROGRAM PROFESSIONAL MANAGEMENT
SERVICE ACTIVITIES
Administration and monitoring of contracts:
- Manage and coordinate the selection processes to contract with artists to integrate their
artworks into the development of City's capital infrastructure for the purpose to enrich the
cultural and ethnic diversity of Fort Worth.
- Serve as liaison between City Council offices, City Departments, community leaders,
project team including contractors, citizens of Fort Worth, and the artist(s).
- Ensure all legal agreements and contracts are followed.
- Monitor each contract's artist to ensure a favorable outcome.
- Provide staff support services to the Fort Worth Art Commission.
- Plan, facilitate artist selection, and manage contracts for Public Art Capital projects.
Fiscal monitoring:
- Fiscal Management of Public Art Capital Budgets in coordination with City staff.
Community Engagement and Collection Management:
- Continue implementing Fort Worth Public Art Master Plan Update recommendations.
- Provide community engagement programs related to the FWPA Collection.
- Oversee maintenance and conservation projects on artworks in the FWPA Collection.
COST ALLOCATION
Contractor shall receive direct payment in one annual installment at the beginning of the fiscal
year the amount of$505,295.00, for the public art program professional management services.
- Specific public art projects that have funds budgeted for Project Management will be recorded
on an ongoing basis and reported to the City at the end of the fiscal year. This report will
consist of hours recorded for each project along with the project's account number for the City
to then reimbursement the general fund.
- Projected hours to be charged to specific public art project budgets during Fiscal Year 2022/23
are estimated to generate $150,000.00 that the City may be charged back to capital project
accounts.
QUARTERLY REPORT INFORMATION: Proiect Activity
Quarterly Report will be submitted to the City not later than the 15t'day of the first month after
the end of each quarter(or the first business day after the 15t'day of the month).
Information included:
Public Art Project Management:
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 19
- Total Projects Initiated
- Total Project Artists Selected
- Total Contracts Executed
- Total Artworks Completed
Collection Management:
- Total Artwork Treatments
- Total Completed Special Projects
Community Engagement:
- Total Project-specific Core Team/Community Meetings
- Total Artwork Dedications
- Total Artist Training Workshops
- Total Community Engagement events
QUARTERLY REPORT INFORMATION: Proiects Status
Contractor shall also report on the current status of public art projects in meeting key milestones,
particularly for projects funded by previous bond programs such as the 2004,2008,2014,and 2018
Bond Programs and the 2007 Critical Capital Needs Program.
CITY OF FORT WORTH PUBLIC ART PROGRAM
FY 2023 PROGRAM SERVICES SUMMARY
On September 19,2022,the Fort Worth Art Commission formally recommended the FY2023 Fort
Worth Public Art Annual Work Plan to City Council for adoption, subject to City timeline changes
for capital project for which public art is a component. The detailed work plan is attached.
PROGRAM ADMINISTRATION
Under the proposed Fiscal Year 2023 Professional Services Agreement, the Arts Council of Fort
Worth and Tarrant County, Inc., will continue to administer the Fort Worth Public Art Program
(FWPA), including management of new public art projects included in the Public Art Plan for the
2022 Bond Program, and 35 ongoing public art projects from various funding sources, including
the 2018 Bond Program, 2014 Bond Program, 2008 Bond Program, 2007 Critical Capital Needs
Program, 2004 Bond Program, the Public Art Fund (Specially Funded Projects Fund for Public
Art)and other funds,with combined budgets totaling$13,304,688.91 in accordance with the Fiscal
Year 2023 Fort Worth Public Art Annual Work Plan, as adopted by City Council.
In addition, the Arts Council will also:
• Staff the Fort Worth Art Commission;
• Plan, facilitate artist selection, and manage contract for Public Art Capital projects;
• Fiscal Management of Public Art Capital Budgets in coordination with City staff;
• Continue implementing Fort Worth Public Art Master Plan Update recommendations;
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 20
• Provide community engagement programs related to the FWPA Projects and FWPA
Collection; and
• Oversee maintenance and conservation projects on artworks in the FWPA Collection.
The Administrative Budget for Fiscal Year 2023 ($505,295.00) includes personnel and general
administrative costs, as well as funds to support artist selection processes for new projects, certain
collection management operating expenses, and community engagement programs.
CFW and Arts Council Contract for Public Art and Grants Management- FY2023 21
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT 111
Create New From This M&C
REFERENCE **M&C 22- 03ARTS FORT
DATE: 10/11/2022 NO.: 0801 LOG NAME: WORTH FUNDING
FY2023
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL)Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant
County, Inc. in the Amount of$1,786,370.00 for Professional Management of the Fort
Worth Public Art Program, to Support the Competitive Arts Grant Program, for Operation
of the Community Arts Center, and for Management Funding for the Rose Marine Theater
for Fiscal Year 2023
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with the Arts Council of
Fort Worth and Tarrant County, Inc. in the amount of$1,786,370.00 for professional management of
the Fort Worth Public Art Program, Competitive Arts Grant program, operation of the Fort Worth
Community Arts Center, and management funding for the Rose Marine Theater for Fiscal Year 2023.
DISCUSSION:
During the Fiscal Year 2023 budget process, the City Council approved financial support for the Arts
Council of Fort Worth and Tarrant County, Inc. (Arts Council, DBA Arts Fort Worth) in the amount of
$1,786,370.00. The information below captures the allocation on how these funds are to be
distributed for Fiscal Year 2023:
Art Grants Program Funding AMOUNT
Administrative Costs $103,107.50
Competitive Grants Program $927,967.50
Total Funding Grants Program for the Arts 1$1,031,075.00
Art Facility Funding 11
Management of Community Arts Centers $200,000.00
Management of Rose Marine Theater (Arles de la Rosa) $50,000.00
Total Art Facility Funding $250,000.00
Funding for Public Art Program and Staffing $505,295.00
Total Funding in this Contract with the Arts Council $1,786,370.00
The Fort Worth Community Arts Center is a separate Texas non-profit corporation, which the Arts
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Council has managed on behalf of the City of Fort Worth (City)since 2002 Mayor and Council
Communication (M&C L-13424). In addition to absorbing utility costs for operation of the Fort Worth
Community Arts Center, the City provides an annual subsidy of$200,000.00 used wholly for the
management of the facility.
In order to streamline the allocation of funds to various organizations, the City partners with the Arts
Council to distribute funds; thus, the City will make a single payment in the amount of$1,786,370.00
to the Arts Council for all of the programming that the Arts Council undertakes on behalf of the City.
This is the City's 21 st year to partner with the Arts Council. The Arts Council will continue to use the
funds in support of grants that fund general operating costs of arts organizations and arts
education and cultural engagement programming. These funds allow the Arts Council to continue to
provide funding and leadership to stimulate and ensure the advancement of arts via assistance to
non-profit organizations in the City. The contract includes a requirement stating that these funds must
be used for arts programming (exhibitions, installations, performances, concerts, etc.)within the City.
In turn, these projects enhance the cultural and artistic life of the community. The Arts Council will
retain the amount shown above for its costs in administering the competitive grants program and will
disburse the rest to grantees and other entities as shown.
The Arts Council of Fort Worth and Tarrant County, Inc. will continue to administer the Fort Worth
Public Art Program (FWPA), including management of 43 new and ongoing public art projects from
various funding sources, including the 2022 Bond Program, 2018 Bond Program, 2014 Bond
Program, 2008 Bond Program, 2007 Critical Capital Needs Program, 2004 Bond Program, the Public
Art Fund (Specially Funded Capital Projects Fund for Public Art), and other funds, with combined
budgets totaling over$12 million, in accordance with the Fiscal Year 2023 Fort Worth Public Art
Annual Work Plan, as adopted by City Council. In Fiscal Year 2023, the total administrative budget of
$505,295.00 is proposed to be offset by approximately$150,000.00 charged to appropriate capital
improvement accounts for allowable project management costs. The project management costs
attributed to Public Art capital projects will be reimbursed to the General Fund from capital accounts
allocated to the projects at the end of the fiscal year.
ADMINISTRATIVE SCOPE OF WORK for the Public Art Contract renewal:
1. Staff the Fort Worth Art Commission
2. Plan, facilitate artist selection, and manage contracts for Public Art Capital projects
3. Fiscal management of Public Art Capital Budgets in coordination with City staff
4. Continue implementing Fort Worth Public Art Master Plan Update recommendations
5. Provide community engagement programs related to FWPA Projects and the FWPA Collection
6. Oversee maintenance and conservation projects on artworks in the FWPA Collection
FORT WORTH ART COMMISSION ACTION:
On September 19, 2022, the Fort Worth Art Commission (FWAC)formally recommended the Public
Art Fiscal Year 2023 Annual Work Plan. This action followed a public comment period after FWAC
endorsed the Draft Fiscal Year 2023 Annual Work Plan on July 19, 2022. On September 19, 2022,
the FWAC also formally recommended the Public Art Plan for the 2022 Bond Program. This action
followed a public comment period after FWAC endorsed the Draft Public Art Plan for the 2022 Bond
Program on August 15, 2022. Residents of Fort Worth were notified of the opportunity to comment
via media releases, the City website, and the Fort Worth Public Art website (www.fwpublicart.org),
and social media. The FWAC makes recommendations to the City Council for action on each
individual project in the work plan prior to commission of artwork and award of contract.
A Form 1295 has been completed for this contract.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of
the Fiscal Year 2023 Budget by the City Council, funds will be available in the Fiscal Year 2023
operating budget, as appropriated, in the General Fund. Prior to an expenditure being incurred,
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M&C Review Page 3 of 3
the Planning and Data Analytics Department has the responsibility to validate the availability of
funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID I Year (Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Richard Zavala (5711)
Additional Information Contact: Eric Fladager(8011)
ATTACHMENTS
Form 1295 for FY2023 Contract.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30354&councildate=10/11/2022 11/14/2022