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HomeMy WebLinkAboutContract 47245-R1 RRIARY CCAN BRAU NOe FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 47245 AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES This Renewal Agreement ("First Renewal") 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 Fernando Costa,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 Karen Wiley, 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.47245(the "Agreement"), for professional management services for Arts Council to manage the City's Public Art Program. The Agreement commenced on October 1,2015,and expired on September 30,2016, subject to renewal for four one-year renewal terms. B. The Agreement provides that the renewal shall occur upon the Fort Worth City Council appropriating the funds under the Agreement and upon Arts Council providing City with the proof of insurance in the amounts required under the Agreement. 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 2016-2017 Agreement term. C. The Agreement provides that the parties will negotiate the Agreement's budget amount each year. The parties have concluded those negotiations and wish to set forth herein the amount of the budget for the 2016-2017 Agreement term. OFFICIAL RECORD CITY SECRETAI�I FIRST RENEWAL AGREEMENT FOR CSC NO.47245 FT'W9ageRT'_J1 I X CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES AGREEMENT In consideration of the mutual covenants, promises, and obligations contained herein, the parties agree as follows: 1. The Agreement is hereby renewed and extended for a one-year renewal term, commencing on October 1, 2016, and expiring on September 30, 2017. 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 2017 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 First Renewal,and the terms of any part of the Program Services or the Agreement,this First Renewal shall control. Arts Council shall submit a semiannual expense and program services status reports to City in a format provided to Arts Council by City through the City's Planning&Development Department. 3. The amount to be paid to Arts Council for all Program Services, as hereinafter defined, shall not exceed FIVE HUNDRED FORTY-THREE THOUSAND, THREE HUNDRED TWENTY-EIGHT DOLLARS AND THIRTY-FOUR CENTS ($543,328.34) for Fiscal Year 2016-2017 and shall be paid in one annual installment within thirty(30) days after the execution of this First Renewal. All other terms and conditions of the Agreement shall remain in full force and effect. FIRST RENEWAL AGREEMENT FOR CSC NO.47245 Page 2 of 4 CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 9/27/16 IN WITNESS WHEREOF,the parties have executed this Agreement on this/�day of 926IZ4 — , 2016. CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY,INC. / L by: �dO by: _/Z----�� Fernando Costa Karen Wiley Assistant City Manager President APPROVE AS TO FORM AND LEGALITY: by: Je is Sangsva Assl ant City Attorney II Form 1295: Civ C LQ — t 2 a 9 8 ATTEST: VOR °° 0 O O Q Ma ay er �$ 0� City S `cretaty3-4 Contract Authorization M&C C- I j 99-L Date: September 27, 2016 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FIRST RENEWAL AGREEMENT FOR CSC NO.47245 Page 3 of 4 CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 9/27/16 EXHIBIT A CITY OF FORT WORTH PUBLIC ART PROGRAM FY 2017 PROGRAM SERVICES SUMMARY On August 8,2016,the Fort Worth Art Commission formally recommended the FY2017Fort Worth Public Art Annual Work Plan to City Council for adoption. The detailed work plan is attached. PROGRAM ADMINISTRATION Under the proposed Fiscal Year 2017 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 over 50 ongoing and new public art projects from various funding sources, including the 2004 Bond Program, 2007 Critical Capital Needs Program, 2008 Bond Program,2014 Bond Program,the Public Art Fund,and other funding sources with combined budgets totaling over$9.5 million in accordance with the Fiscal Year 2017 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; • Oversee maintenance and conservation projects on artworks in the FWPA Collection; • Assist FWPA Master Plan Update consultants with their community engagement efforts; • Host FWPA 15th Anniversary and year-round community engagement events; and • Redesign FWPA website to provide mobile-friendly access to the FWPA Collection. The Administrative Budget for Fiscal Year 2017 ($543,328.34) 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. FIRST RENEWAL AGREEMENT FOR CSC NO.47245 Page 4 of 4 CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 9/27/16 DA COUNCIL ACTION: Approved on 9/27/2016 REFERENCE ** 06ART PROGRAM DATE: 9/27/2016 NO.: C-27942 LOG NAME: MANAGEMENT RENEWAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Renewal of a Professional Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of$543,328.34 for Fiscal Year 2017 Management of the Public Art Program (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize renewal of a Professional Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the amount of$543,328.34 for management of the Fiscal Year 2017 Fort Worth Public Art Program for a period of one year. DISCUSSION: The City entered into a Professional Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for management of the Fort Worth Public Art (FWPA) Program for a term of one year with four additional one year renewal options (City Secretary Contract No. 47245, M&C C-27515, dated October 27, 2015). Staff recommends exercising the first renewal option for a period from October 1, 2016, through September 30, 2017. The Arts Council of Fort Worth and Tarrant County, Inc., will continue to administer the FWPA Program, including management of over 50 ongoing and new public art projects from various funding sources, including the 2004 Bond Program, 2007 Critical Capital Needs Program, 2008 Bond Program, the 2014 Bond Program, the Public Art Fund and various other funds, with combined budgets totaling over $9.5 million, in accordance with the Fiscal Year 2017 Fort Worth Public Art Annual Work Plan, to be adopted by City Council. (Exhibit A) ADMINISTRATIVE SCOPE OF WORK 1. Staff the Fort Worth Art Commission 2. Manage in-progress and new public art projects as described in the Annual Work Plan 3. Oversee routine maintenance and conservation projects on artworks in the FWPA Collection 4. Assist the FWPA Master Plan Update consultants with their community engagement efforts 5. Host FWPA 15th Anniversary and year-round community engagement activities 6. Redesign FWPA website to provide mobile-friendly access to the FWPA Collection The Fort Worth Art Commission formally recommended the Fiscal Year 2017 Annual Work Plan on August 8, 2016, after holding a public hearing on that date and following a public comment period that began on July 19, 2016. Residents of Fort Worth were encouraged to comment on the Endorsed Draft Fiscal Year 2017 Annual Work Plan via media releases, flyers, the City of Fort Worth website, the Fort Worth Public Art website (www.fwpublicart.org) and Facebook page, and MySidewalk.com. The Fort Worth Art Commission's recommended work plan was presented to City Council on September 20, 2016. The Annual Work Plan serves as a guide for the Professional Services Agreement with Arts Council of Fort Worth and Tarrant County, Inc., and implementation of items contained in the Fort Worth Public Art Master Plan. The Art Commission makes recommendations on each individual project in the work plan to the City Council for action prior to implementation. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the Fiscal Year 2017 operating budget for the Planning & Development Department, as appropriated, of the General Fund. 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 Year I (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters 817-298-3025 (298-3025) ATTACHMENTS EXHIBIT A (FY2017 AWP Summary) 9-14-16.pdf Form 1295 Public Art Ethics Commission Doc.pdf C - 97qq��- j CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-112998 Arts Council of Fort Worth Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/16/2016 being filed. City of Fort Worth Date Ack owledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 47245-R1 Professional Management Services for the Fort Worth Public Art program sr 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT- I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. AAAAAAAAAAAA CHELSA LADNER , * Notary PueliC ` STATE OF TEXAS M y Comm.Exp.0312NMO - Signature of authorized agent of contracting business tity AFFIX NOTARY STAMP/SEAL ABOVE j n�tµ1 Sworn to and subscribed before me,by the said f�Gl1(6'n W 1this the day of � 20lie ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277