HomeMy WebLinkAboutContract 29454 CITY SECRETARY !
CONTRACT NO.
AGREEMENT FOR CONSTRUCTION OF A BLACK BOX THEATRE
AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND THE FORT WORTH ARTS COUNCIL
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This Agreement, entered into this) day of "L qf) , 200Y
by and between the CITY OF FORT WORTH, a municipal corporation, located in
Tarrant County, Texas, (the "City") acting by and through its duly authorized City
Manager or his designee and the ARTS COUNCIL OF FORT WORTH & TARRANT
COUNTY, (the "Council") acting through its duly authorized President.
WHEREAS, the City allocated $59,000 from the Specially Funded Capital
Projects Fund, (M&C G14190, approved December 9, 2003) for the development of a
Black Box Theatre (Black Box) creating a 150-seat flexible theatre space to complement
the 500 seat Scott Theatre.
WHEREAS, the Fort Worth Arts Council has agreed to develop a"Black Box"
theatre and dressing rooms in the Fort Worth Community Arts Center, and raise an
additional $150,000 required for the total budget of$209,000.
WHEREAS, the Arts Council has received notice of the.Bidding and purchasing
requirement, as well as requirements of the MWBE and acknowledged that they are
obligated to comply with all of statutes, ordinances, and policies established and
governed by this contract,
NOW, THEREFORE, the City and Arts Council of the City of Fort Worth, for
and in consideration of the $59,000 and covenants and agreements hereinafter set forth,
the sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
SCOPE OF SERVICES
Section 1.1. Parties. This agreement is entered by and between the City of Fort Worth,
(The "City") acting through its duly authorized Assistant City Manager, and the Arts
Council of the Fort Worth & Tarrant County (the "Council").
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Section 1.2. General. For consideration in the amount of fifty-nine thousand dollars
($59,000) the Art Council agrees to the terms and commitments made herein for the
development and construction of a Black Box Theatre.
Section 1.3 Terms. The Council agrees to construct a Black Box Theatre, herein
described. The City will contribute $59,000 to be used for the purchase of equipment and
supplies in the construction of said theatre.
Section 1.4 The Theatre. The Council agrees to construct a small flexible theatre
capable of seating a maximum of 150 people, with basic lighting and sound systems; that
can be reconfigured to provide a range of audience and playing area configuration;
support spaces for back stage, dressing room and loading functions; front of house area
for ticket sales and audience amenities.
Section 1.5 The Design. The Council agrees that the facility will be constructed in
compliance with applicable statutes, ordinances or regulations of any governmental
regulatory agency having jurisdiction over the City Facility for reasons of safety and
security.
Section 1.6. Total BudIzet. The Council finished design shall include a budget
for the complete design, development, and construction of the theatre in the
amount of two hundred and nine thousand dollars ($209,000). The Council
agrees to raise the additional one hundred and fifty thousand dollars from sources
other than the city. This contract in no way binds the city for any additional
funds other than that which is referenced herein.
ARTICLE 2
COMPENSATION AND PAYMENT SCHEDULE
Section 2.1. Fixed Amount. The City shall pay to the Council a fixed amount of FIFTY-
NINE THOUSAND AND NO/100 DOLLARS ($59,000.00), with regard to this
agreement. The Arts Council shall raise the remainder of the amount required for
construction.
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a. The entire amount shall be delivered to the Council upon execution
of this agreement. The delivery of payment shall constitute the fulfillment
of the cities duties and obligations under this agreement.
b. If the Council is unable to raise the additional funds required for
the construction of the Theatre, as stated herein, or for any reason does not
complete the project, all amounts delivered by the city will be returned
upon request by the city.
ARTICLE 4
COUNCIL AS INDEPENDENT CONTRACTOR
The Council shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of the City. The Council shall have
exclusive control of, and the exclusive right to control the details of the work performed
hereunder, and all persons performing same, and shall be solely responsible for the acts
and omissions of his/her officers, agents, employees and subcontractors. Nothing herein
shall be construed as creating a partnership or joint venture between the City and the
Council, his/her officers, agents, employees and subcontractors, and doctrine of
respondeat superior has no application as between the City and the Council.
ARTICLE 5
MISCELLANEOUS
Section 5.1. Compliance. The Council shall comply with all Federal, State and City
statutes, ordinances and regulations applicable to the performance of the Council services
under this Agreement.
Section 5.2. Entire Agreement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby.
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Section 5.3. Amendments. No alteration, change, modification or amendment of the
terms of this Agreement shall be valid or effective unless made in writing and signed by
both parties hereto and approved by appropriate action of the City.
Section 5.4. Waiver. No waiver of performance by either party shall be construed as or
operate as a waiver of any subsequent default of any terms, covenants, and conditions of
this Agreement. The payment or acceptance of fees for any period after a default shall
not be deemed a waiver of any right or acceptance of defective performance.
Section 5.5. GoverninIz Law and Venue. This Agreement, regardless of where
executed or performed, shall be governed by and construed in accordance with the laws
of the State of Texas. Venue for any litigation arising from this Agreement shall be in
Tarrant County, Texas.
Section 5.6. Successors and Assil4ns. This Agreement shall be binding upon and
shall inure to the benefit of the City and the Council and their respective successors and
permitted assigns.
ARTICLE 6
NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage
prepaid, as follows:
1. CITY OF FORT WORTH: Libby Watson, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies to: David Yett, City Attorney
Law Department
1000 Throcl morton Street
Fort Worth, TX 76102 } y
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2. Arts Council Flora Maria Garcia, President
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
CITY OF FORT WORTH
ATTESTED BY
By. - -
Libby Watson, Assistant City Manager
City of Fort Worth
Contract Authorization The Arts Council of Fort Worth & Tarrant County
Date
Flora Maria Garcia, President
APPROVED AS TO FORM:
Assistant City Attorney
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/9/2003 - Ordinance No. 15780, 15781, and 15782
DATE: Tuesday, December 09, 2003
LOG NAME: 02BLACKBOX REFERENCE NO.: G-14190
SUBJECT:
Appropriation Ordinance and Transfer from Capital Projects Reserve Fund to Incorporate HVAC and
Accessibility Improvements to the Fort Worth Community Arts Center
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Capital Projects Reserve Fund by $131,500 from available funds; and
2. Authorize the transfer of $131,500 from the Capital Projects Reserve Fund to the Specially Funded
Capital Projects Fund for HVAC (heating, ventilation, and air-conditioning) improvements to the Community
Arts Center; and
3. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and
Tourism Fund by $59,000 and decreasing the unreserved, undesignated fund balance by the same amount;
and
4. Authorize the transfer of $59,000 from the Culture and Tourism Fund to the Specially Funded Capital
Projects Fund for the City's portion of the total cost to develop the Black Box theater; and
5. Authorize the transfer of $50,000 from the General Fund to the Specially Funded Capital Projects Fund
for Americans with Disabilities Act (ADA) improvements to the Community Arts Center; and
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund by $240,500 from available funds.
DISCUSSION:
On March 6, 2001 (M&C C-18491), the City Council approved engaging a consultant to look at community
needs and the City's option for reuse of space which formerly was the Modern Art Museum. The-
recommendation, Adaptive Reuse Study, was the development of a cultural center that would house both
local visual and performing arts. Resoundingly, the community supported this recommendation.
In November 2002, under contract to the City, the Arts Council began development and management of
the Fort Worth Community Arts Center. The management contract between the Arts Council and the City
states that the Arts Council raises funds for programmatic activity and capital improvements relating to
program development, and the City provides partial subsidy and funds major repairs to the
infrastructure. The City's contract states that the Arts Council may petition the City for major infrastructure
repairs and improvements. This Mayor and Council Communication serves as the petition from the Arts
Council to the City.
Logname: 02BLACKBOX Page 1 of 3
A primary recommendation of the Adaptive Reuse Study was the development of a 150-seat flexible
theatre space to complement the 500 seat Scott Theatre. The arts community has reiterated this need
more recently. The flexible space would be very affordable and would address the needs of small and
midsize groups, as well as individual performers (poets, writers, independent producers, musicians, and
filmmakers). The space would accommodate workshops and educational presentations suited to smaller
audiences. Because risers and seats will be movable, the open, high ceiling space, with raised flooring,
would allow for dance rehearsals for groups such as Contemporary Dance, JAADE Dance Company, and
Imagination Celebration's Debbie Allen Dance Institute.
The total amount to develop the flexible theatre is $209,000. The Arts Council has committed to raise
$150,000 of that cost for the flexible theatre. The City is being asked to contribute $59,000 as leverage for
private sector match. In addition, the family of Hardy and Betty Sanders has also pledged $75,000 toward
this commitment. Grant proposals have been submitted to a local foundation and individual donors. A
"buy a seat" campaign will soon be underway.
The building was constructed in the 1950's, and neither the cooling tower, chiller, nor heating pumps have
been replaced. Additionally, there are some public spaces in the facility that are not ADA
accessible. Below is a list of the capital needs and the funding sources that are recommended for City
Council approval:
Culture and Tourism Fund Balance (Bed Tax)
Portion of cost($209,000) of flexible theatre $ 59,000
Capital Projects Reserve Fund (CPRF)
Replace cooling tower $ 30,000
Replace chiller $100,000
Replace heating pump $ 1,500
General Fund
ADA ramp from parking lot to main offices $ 25,000
Wheelchair lift replacement in main gallery $ 25,000
Total Request $240,500
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund. The cash balance of the Capital Projects Reserve Fund after
this transfer will be $2,485,020.
TO Fund/Account/Centers FROM Fund/Account/Centers
1) GC10 472001 013010001000 $131,500.00 2)GC10 538070 013010001000 $131,500.00
1) GC10 538070 013010001000 $131,500.00 4)GG04 538070 0240600 $59.000.00
2) GC35 472010 0200160020001$ 31,500.00 5) GG01 538070 0909103 $50,000.00
) GG04 538070 0240000 $59,000.00
4) GD35 472004 020016002000 $59,000.00
5) GC35 472001 020016002000 $50,000.00
Logname: 02BLACKBOX Page 2 of 3
6) GC35 472001 020016002000 $136,500.00
6)GC35 472004 020016002000 $59.000.00
6) GC35 522222 020016002000 $240,500.00
Submitted for City Manager's Office by: Charles Boswell (8511)
Originating Department Head: Bridgette Garrett (8518)
Sandy Oliver (7371)
Additional Information Contact: Joe Komisarz (8505)
Logname: 02BLACKBOX Page 3 of 3