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HomeMy WebLinkAboutContract 47245-R2 s 4 C" `�` SECOND RENEWAL OF CITY SECRETARY ' L � CONTRACT NO. FD CITY SECRETARY CONTRACT NO. 47245 r I/V sFC 9TH � "� 9�agr ny GREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES �1' Wr� This Renewal Agreement("Second 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,Inc.("Arts Council"),a nonprofit Texas corporation, acting by and through Karen Wiley, its duly authorized President and CEO. 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 2017-2018 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 2017-2018 Agreement term. OFFICIAL.RECORD CITY SECRETARY FT.Wolff No TX SECOND RENEWAL AGREEMENT FOR CSC NO.47245 Page I of 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, 2017, and expiring on September 30, 2018. 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,includingprovision 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 2018 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 Second Renewal, and the terms of any part of the Program Services or the Agreement, this Second 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 FIFTY-TWO THOUSAND,NINE HUNDRED THIRTY-TWO DOLLARS AND THIRTEEN CENTS($552,932.13)for Fiscal Year 201"7-2018 and shall be paid in one annual installment within thirty(30)days after the execution of this Second Renewal. Because some administrative costs may be charged to specific projects,the parties acknowledge that some funds may remain unspent at the end of the Second Renewal term. In the event of termination of the Agreement or at the SECOND RENEWAL AGREEMENT FOR CSC NO.47245 Page 2 of CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES expiration of the Second Renewal term, Arts Council will provide City an expense statement detailing the use of the funds in a form requested by City. Any funds that are unused or unencumbered shall be returned to the City within a reasonable time. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on this 0 day of .92017. CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. by: � L mt. . . by: -/ Fernando Costa Karen Wiley Assistant City Manager President and CEO APPROVED AS TO FORM AND LEGALITY: by: Jessica angsvang Assistat City Attorney II Form 1295: Z Q'> ATTEST: Ma a ser. F— City Secretary t�'•. OFFICIAL RECORD Contract Authorizai`rI CITE'SECRETARY M&C C- Z: FT.WORTH,TX Date: SECOND RENEWAL AGREEMENT FOR CSC NO.47245 Page 3 of CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfo ce and reporti g requirements. Na e: Randle rwood Title: Planning& Development lector Q�iyt 'pct r tt EXHIBIT A CITY OF FORT WORTH PUBLIC ART PROGRAM FY 2018 PROGRAM SERVICES SUMMARY On September 11,2017,the Fort Worth Art Commission formally recommended the FY 2018 Fort Worth Public Art Annual Work Plan to City Council for adoption. The detailed work plan is attached. PROGRAM ADMINISTRATION Under the proposed Fiscal Year 2018 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 some 47 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$9.7 million in accordance with the Fiscal Year 2018 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; • Develop a Public Art Plan for the 2018 Bond Program; • Begin implementing Fort Worth Public Art Master Plan Update recommendations; • Initiate an Iconic Artwork project; • Plan and implement a public art training program for local artists • Provide community engagement programs related to the FWPA Collection; and • Oversee maintenance and conservation projects on artworks in the FWPA Collection. The Administrative Budget for Fiscal Year 2018 ($552,932.13) 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. SECOND RENEWAL AGREEMENT FOR CSC NO.47245 Page Sof 4- CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA F' ' H COUNCIL ACTION: Approved on 11/14/2017 REFERENCE 06FY 2018 PUBLIC ART DATE: 11/14/2017 NO.: C-28472 LOG NAME: MANAGEMENT CONTRACT RENEWAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Renewal of a Professional Management Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of$552,932.13 for Fiscal Year 2018 Management of the Public Art Program (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council Authorize Renewal of a Professional Management Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc.. in the amount of $552,932.13 for management of the Fiscal Year 2018 Fort Worth Public Art Program for a period of one year. DISCUSSION: Under the proposed Fiscal Year 2018 Second Renewal of a Professional Services Agreement, City Secretary Contract No. 47245, (M&C C-27515) October 27, 2015 the Arts Council of Fort Worth and Tarrant County Inc. will continue to administer the Fort Worth Public Art Program (FWPA), including management of some 47 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$9.7 million, in accordance with the Fiscal Year 2018 Fort Worth Public Art Annual Work Plan, as adopted by City Council. ADMINISTRATIVE SCOPE OF WORK: 1. Staff the Fort Worth Art Commission; 2. Develop a Public Art Plan for the 2018 Bond Program; 3. Begin implementation of Fort Worth Public Art Master Plan Update recommendations; 4. Initiate an Iconic Artwork project; 5. Plan and implement a public art training program for local artists; 6. Provide community engagement programs related to the FWPA Collection; and 7. Oversee maintenance and conservation projects on artworks in the FWPA Collection. The Fort Worth Art Commission formally recommended the Fiscal Year 2018 Annual Work Plan on September 11, 2017, after holding a public hearing on that same date. This action followed a public comment period that began on July 25, 2017, immediately after the Art Commission endorsed the Draft Fiscal Year 2018 Annual Work Plan. Residents of Fort Worth were notified of the opportunity to comment 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 approved by City Council on October 24, 2017. The Annual Work Plan serves as a guide for implementation of items contained in the Fort Worth Public Art Master Plan. The http://apps.cfwnet.org/council_packet/mc review.asp?ID=25297&councildate... 12/7/2017 M&C Review Page 2 of 2 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 2018 operating budget for the Planning and Development Department, as appropriated, of the General Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount j ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (8172983025) ATTACHMENTS Form 1295 Public Art Contract 2018.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=25297&councildate... 12/7/2017 C-&g41/), CERTIFICATE OF INTERESTED PARTIES FORM 1295 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 I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number. of business. 2017-274857 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 10/20/2017 being filed. City of Fort Worth Date Ac owledge : 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 11.07.2017 Management services for the City's public arts program. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I 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. LINEA M. MIRRLINGER 7 =Notary Public.State of Texas ..� Comm,Expires 02-02-2018 —signature of authorized agent of contracting b iness entity Notary ID 12414474-6g 9 tY AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the c�- day of 20—1-7 ,to certify which,witness my hand and seal of office. 1 Lsvvi� M- A-t.crr i(A a-w W)+0-LC4 Signature of officer administering 6ath Printed name of officer adminiswrind oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337