HomeMy WebLinkAboutContract 47245-R3A1 Gorr` u
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Pay THIRD RENEWAL AND FIRST AMENDMENT OF
CITY SECRETARY CONTRACT NO. 47245
AGREEMENT FOR PROFESSIONAL MANAGEMENT SERVICES
This Renewal and First Amendment Agreement("Third 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 Jesus J. Chapa,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 2018- 2019 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 2018- 2019 Agreement term.
:OFFICIAL RECD .
MY SECRETt
THIRD RENEWAL AGREEMENT FOR CSC NO.47245 Page I o . WORTH, H
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy II/16/1
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, 2018, and expiring on September 30, 2019.
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 2019 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 Third Renewal,
and the terms of any part of the Program Services or the Agreement,this Third 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 EIGHTY THOUSAND, SEVEN HUNDRED
TWELVE DOLLARS AND NO CENTS($580,712.00)for Fiscal Year 2019 and shall
be paid in one annual installment within thirty(3 0)days after the execution of this Third
Renewal. The parties acknowledge that some funds may remain unspent at the end of the
Third Renewal term. In the event of termination of the Agreement or at the expiration of
THIRD RENEWAL AGREEMENT FOR CSC NO.47245 Page 2 of 5
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 11/16/18
the Third 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.
4. The City anticipates making budget reductions during the Term of this Agreement. The
City may reduce the amount to be paid to Arts Council for all Program Services under
this Agreement at any time by up to two percent(2%)of the total amount($11,614.24).
City will provide Arts Council written notice of any funding reduction, and the parties
agree that no amendment will be necessary. Arts Council shall return the reduced
amount of money back to the City within fifteen (15) calendar days of receiving notice
from City of the reduction.
5. Section 28 of the Agreement is hereby amended by changing the address for the City to
be"200 Texas Street, Fort Worth, Texas 76102."
6. The Agreement is hereby amended by adding Section 29 to state:
"29. Israel.
Arts Council 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,Arts Council certifies
that Arts Council's signature provides written verification to the City that Arts Council.
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement."
THIRD RENEWAL AGREEMENT FOR CSC NO.47245 Page 3 of 5
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 11/16/18
7. 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 gl- day of
Ag 2018.
CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH
AND TARRANT COUNTY, INC.
by:
by:
Jesus J. Chapa Karen Wiley
Assistant City Manager President and CEO
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.
Name:
Title: 1�(�/lllir�{�i'a�r vPWC k'
APPROVED AS TO FORM AND LEG LITY:
by:
__D)
Jesssv g
Sen' As istant City Attorney
Form 1295: 2018-410696
OF FOR1"�`
ATTEST: Q
U
ayse
City SecretaryXAcJ
Contract Authorization
M&C C-28923
Date: November 6, 2018FFOA`REE
CITY SECRET!
THIRD RENEWAL AGREEMENT FOR CSC NO.47245 Pag 4 WMRTk. 't;
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy I
EXHIBIT A
CITY OF FORT WORTH PUBLIC ART PROGRAM
FY 2019 PROGRAM SERVICES SUMMARY
On September 10,2018,the Fort Worth Art Commission formally recommended the FY 2019 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 2019 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 49 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, 2018 Bond Program, the Public Art Fund, and other
funding sources, with combined budgets totaling over$10 million in accordance with the Fiscal
Year 2019 Fort Worth Public Art Annual Work Plan, as adopted by City Council on November
6, 2018. The Art Council will take all steps necessary to revise project schedules to complete the
2004 Bond Program projects no later than January 1, 2020; the 2007 Critical Capital Needs
Program and the 2008 Bond Program no later than January 1, 2021; the 2014 Bond Program no
later than January 1, 2022; and the 2018 Bond Program no later than January 1, 2023. The Arts
Council agrees to present a new schedule to expedite the completion of these older capital
projects.
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;
• Continue implementing the Pioneer Tower project and planning other Iconic Artwork
projects;
• 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 2019 ($580,712.00) 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.
THIRD RENEWAL AGREEMENT FOR CSC NO.47245 Page 5 of 5
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES Execution Copy 11/16/18
RECOMMENDED FORT WORTH PUBLIC ART
Fiscal Year 2019
ANNUAL WORK PLAN
COUNCIL 2018 BOND PROGRAM PROJECTS
TJX PROJECT FUNDING COMPLETION
2 NEW-Rockwood Clubhouse-Artist TBD $211,533.00 2018 Bond,Prop B PENDING TBD
2 NEW-Diamond Hill Community Center-Artist TBD $211,534.00 2018 Bond,Prop B PENDING MAR 2021
2 NEW-Northwest Community Center-Artist TBD $211,534.00 2018 Bond,Prop B PENDING MAY 2021
6 NEW-Chisholm Trail Park,PH2-Jill Sedgood $81,000.00 2018 Bond,Prop B PENDING MAY 2020
7 NEW-Fire Station#45-Artist TBD $117,410.00 2018 Bond,Prop D PENDING DEC 2020
6 NEW-Fire Station#26-Artist TBD $117,410.00 2018 Bond,Prop D PENDING SEPT 2020
7 NEW-North Animal Care&Control Center-Artist TBD $270,000.00 2018 Bond,Prop E PENDING DEC 2020
6 NEW-South Patrol Division-Artist TBD $355,000.00 2018 Bond,Prop F PENDING TBD
PROJECT BUDGETS FUNDING SOURCE(S) CURRENT STATUS ED
7 Iconic Artwork:Pioneer Tower-JTKStudios/SP Studio(Consultants) $15,000.00 2014 Bond,P-1 PLAN DEVELOPMENT DEC 2018
Fort Worth Festival Plan $24,000.00 2014 Bond,P-1 PENDING APR 2019
Projection Mapping Project Implementation TBD 2014 Bond,P-1 PENDING FEB 2020
$39,000.00
3 Como Community Center-Adam Neese $106,000.00 2014 Bond,P-2 ARTIST SELECTION SEPT 2019
6 Fire Station 42(Spinks Airport)-Shawn Smith $91,050.00 2014 Bond,P-4 FINAL DESIGN SEPT 2019
3 Fire Station 43(1-30 West)-Artist TBD $91,050.00 2014 Bond,P-4 PLANNING SEPT 2020
6 Chisholm Trail Park-Jill Bedgood $76,000.00 2014 Bond,P-2 COMMISSION MAY 2019
7 Northwest Community Park-Animolis $138,600.00 2014 Bond,P-2 PRELIMINARY DESIGN MAR 2020
7 Golden Triangle Library-Sara Lovas $183,000.00 2014 Bond,P-3 COMMISSION MAR 2019
8 Eastside Library-Artist TBD $65,000.00 2014 Bond,P-3 PLANNING SEPT 2020
$264,230.00 2008 Bond
$96,497.00 2007 CCN
$10,000.00 Pending Private Funds
$435,727.00
9 Public Safety&Municipal Court Building-Riley Holloway $30,000.00 2014 Bond,P-1 FINAL DESIGN SEPT 2019
$20,000.00 Public Art Fund
$50,000.00
9 Municipal Vehicle Maintenance Facility(Holly Water Plant)-TBD $200,000.00 2014 Bond,P-1 PLANNING SEPT 2020
9 Six Points Urban Village,PH2(at Riverside Park) (SEE 2018 BOND)
2008 BOND PROGRAM PROJECTS ANTICIPATED
CD �l�ap;odopted PROJECT BUDGETS FUNDINGSOURCE(5) CURRENT STATUS
3 Overton Park Phase 2-Eliseo Garcia $58,240.00 2008 Bond PRELIMINARY DESIGN MAR 2019
4 Bonnie Brae Street-Artist TBD $63,756.00 2008 Bond ARTIST SELECTION SEPT 2020
$181,196.00 2007 CCN
$244,952.00
4,7 North Beach Corridor Project-Christopher Fennell $561,257.00 2008 Bond FINAL DESIGN SEPT 2019
$381,926.00 2007 CCN SEPT 2020
$943,183.00 SEPT 2021
5 Prairie Dog Park-Artist TBD $357,599.00 2008 Bond PLANNING SEPT 2020
6 Summer Creek Roundabout $256,484.00 2008 Bond PENDING SEPT 2020
$91,003.00 2004 Bond,P-1
$347,487.00
Fort Worth Art Commission
August 13,2018(com3cte8J
RECOMMENDED FORT WORTH PUBLIC ART
Fiscal Year 2019
ANNUAL WORK PLAN
2008 BOND PROGRAM PROJECTS(Can't) ANTICIPATED
CD PROJECT BUDGETS FUNDINGSOURCE(S) CURRENT STATUS
(Public An Plan adopted 10/16/2010,M&C G-17094) COMPLETI'.
7 Old Decatur Road-Artist TBD $632,360.00 2008 Bond PLANNING SEPT 2020
9 6th Avenue/Rosemont Park-Artist TBD $187,728.00 2008 Bond PLANNING SEPT 2020
8 Eastside Family Library (SEE 2014 BOND)
a 11 PROJECTS
(S)
5 "Stop Six",Stalcup&Ramey-Sedrick Huckaby $210,339.00 2007 CCN FINAL DESIGN SEPT 2020
6 Altamesa-Artist TBD $359,830.00 2007 CCN PLANNING SEPT 2020
7 Montgomery Street-James Suns(recommended) $201,057.00 2007 CCN SCULPTURE SELECTION APR 2019
$123,451.00 2004 Bond,P-1
$324,508.00
8 East Rosedale Street(1-35 to 287)-Christopher Blay $151,396.00 2007 CCN FINAL DESIGN JUN 2019
$131,146.50 2004 Bond,P-1
$282,542.50
9 Magnolia Avenue-Artist TBD $229,620.00 2007 CCN PLANNING JAN 2020
4 Bonnie Brae Street (SEE 2008 BOND)
4,7 North Beach Corridor Project (SEE 2008 BOND)
8 Eostside Family Library (SEE 2014 BOND)
CD 2004 BOND PROGRAM PROJECTS
(Pub1kArtP1a" dopred5/17/2005,MaCGa4801) PROJECT BUDGETS FUNDINGSOURCE(S) CURRENTSTATUS -- COMPLETION
2 Lebow Channel Watershed(Brennan Bridge)-Leticia Huerta $53,000.00 2004 Bond,P-1 FINAL DESIGN JUNE 2019
3 Lake Como Park-Artist TBD $151,000.00 2004 Bond,P-1 ARTIST SELECTION JUNE 2020
$80,000.00 Public Art Fund
$231,000.00
3 Foster Park-Dixie Friend Goy $82,191.00 2004 Bond,P-1 PRELIMINARY DESIGN DEC 2019
$111,728.28 2004 Bond,P-2
$193,919.28
5 Precinct Line Road&Bridge-Sally Weber $104,000.00 2004 Bond,P-1 FINAL DESIGN SEPT 2019
5 Dallas Avenue(East Division Police Station)-Gregory Beck $45,000.00 2004 Bond,P-1 COMMISSION DEC 2018
5 East Rosedale Street(Miller to Stalcup)-John Yancey $181,146.50 2004 Bond,P-1 FINAL DESIGN MAR 2019
7 FW Community Arts Center Plinths-Kris Pierce $50,000.00 2004 Bond,P-1 FINAL DESIGN MAR 2019
8 East Rosedale Street(287 to Miller)-Hirschfeld/lishi $222,644.65 2004 Bond,P-1 COMMISSION DEC 2018
9 Hemphill/Lamar Connector-KiboWorks(Don Corson) $282,680.00 2004 Bond,P-1 COMMISSION PENDING MAR 2020
$420,820.00 Public Art Fund
$703,500.00
9 Westcreek Boulevard(Pedestrian Bridge)-Volkan Alkonoglu $247,191.00 2004 Bond,P-1 PRELIMINARY DESIGN JUN 2019
$128,100.00 Public Art Fund
$375,291.00
6 Summer Creek Roundabout (SEE 2008 BOND)
7 Montgomery Street (SEE 2007 CCN)
8 East Rosedale Street(1-35 to 28 7) (SEE 2007 CCN)
Fort Worth Art Commission
August 13,2018(corrected)
RECOMMENDED FORT WORTH PUBLIC ART
Fiscal Year 2019
ANNUAL WORK PLAN
PUBLIC ART FUND PROJECTS
CD MtlJm t 3 PROJECT$UDGEPS FUNDINGSOL*a CURRENTSTATUS COMPLETION
2 Rockwood Park(Gamtex Partnership)-Mike Ross $30,500.00 Public Art Fund FINAL DESIGN DEC 2018
$29,500.00 Private Funds
$60,000.00
4 East Regional Library Community ID Project-FYOOG $76,500.00 Public Art Fund FINAL DESIGN SEPT 2019
4 SH 121 Public Art Project(formerly 1-30)-Horowitz/Sloan $205,194.00 Public Art Fund REVISED DESIGN DEC 2020
$265,000.00 GCAA
$470,194.00
5 FWPA Acquisition-Natura-Alice Bateman $80,000.00 Public Art Fund SITE APPROVAL JUN 2019
5 Mosier Valley Park-Artist TBD $80,000.00 Public Art Fund PLANNING SEPT 2020
8 Poly Tech/Wesleyan Urban Village Plaques $23,000.00 Public Art Fund IMAGE SELECTION JAN 2019
9 Six Points Urban Village-Eric McGehearty $80,000.00 Public Art Fund FINAL DESIGN DEC 2018
3 Lake Como Park (SEE 2004 BOND)
9 Hemphill/Lamar Connector (SEE 2004 BOND)
9 Westcreek Boulevard(Pedestrian Bridge) (SEE 2004 BOND)
9 Public Safety&Municipal Court Building (SEE 2014 BOND)
CW Iconic Artwork(s) (SEE 2014 BOND)
LD PosompNIM3 BYV
II pAytiTsTAtais CCIMPA.F7IRN
8 Highland Hills Community Center-Sedrick Huckaby $20,888.00 Parks Gas Revenue FINAL DESIGN MAR 2019
9 NEW-Avenue of Light Landscaping/Lighting Project $200,000.00 NCTCOG PENDING TBD
Lighting Consultant-TBD $25,000.00 Collection Mgmt Fund PLANNING TBD
$225,000.00
49 PUBLIC ART PROJECTS" /BUDGETSTOTAL $10,439,319.93
`Other public art projects in City-Council approved plans may be initiated to align with the City's schedule for the underlying Capital projects.
CD GEWW EST.euppli"f5
CW Routine Collection Management,Cleaning,Repairs,Plaques,etc. $60,000.00 Collection Mgmt Fund ONGOING SEPT 2019
9 Intimate Apparel&Pearl Earrings,Phase 2(Convention Center) $45,000.00 Collection Mgmt Fund PLANNING DEC 2018
9 Along the River(Heritage Park) $9,000.00 Collection Mgmt Fund SITE PLANNING TBD
7 WRMC Cattle Barn Murals Restoration(Barns 1 and 2) $50,000.00 Collection Mgmt Fund PENDING TBD
8 NEW-Rolling Hills Radio Tower Equipment Update Plan TBD Collection Mgmt Fund PLANNING FEB 2019
CW Artwork Gifts and Loans ONGOING
CD COMMUNITY ENGAGEMENT
CW FWPA Master Plan Update Implementation:
Implement Artist Training Workshop in Fort Worth
Other short term artist/community engagement items in the plan
CW Community Educational&Outreach Programming
CD PROGRAM ADMIINiSTRATION
CW FWPA Master Plan Update Implementation:
Iconic Artworks-Downtown Location Preliminary Planning
Other short term items listed in the plan
CW Fort Worth Art Commission Liaison
Fort Worth Art Commission
August 13,2018(corrected)
11/16/2018 M&C Review
CITY COUNCIL AGENDA FORT WORTH
COUNCIL ACTION: Approved on 11/6/2018
DATE: 11/6/2018 REFERENCE C-28923 LOG 06FY2019 PUBLIC ART MANAGEMENT
NO.: NAME: CONTRACT RENEWAL
CODE: C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. Authorize Third Renewal of a Professional Management Services Agreement with the Arts
Council of Fort Worth and Tarrant County, Inc., in the Amount of$580,712.00 for Fiscal
Year 2019 Management of the Public Art Program (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
Authorize third renewal of a Professional Management Services Agreement with the Arts Council of
Fort Worth and Tarrant County, Inc., in the amount of$580,712.00 for Fiscal Year 2019 management
of the Public Art Program.
DISCUSSION:
Under the proposed Fiscal Year 2019 third renewal authorized in 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 49 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, 2018 Bond Program, the Public Art Fund, and other funds, with combined budgets
totaling over$10 million, in accordance with the Fiscal Year 2019 Fort Worth Public Art Annual Work
Plan, as adopted by City Council. This year the total cost of$580,712.00 is proposed to be offset by
approximately $90,000.00 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.
ADMINISTRATIVE SCOPE OF WORK:
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. Continue implementing the Pioneer Tower project and planning other Iconic Artwork projects
6. Provide community engagement programs related to the FWPA Collection
7. Oversee maintenance and conservation projects on artworks in the FWPA Collection
FORT WORTH ART COMMISSION ACTION:
The Fort Worth Art Commission (FWAC)formally recommended the Fiscal Year 2019 Annual Work
Plan on September 10, 2018, after holding a public hearing on that same date. This action followed a
public comment period that began on August 14, 2018, after the Art Commission endorsed the Draft
Fiscal Year 2019 Annual Work Plan. Residents of Fort Worth were notified of the opportunity to
comment via media releases, flyers, the City website, the Fort Worth Public Art website
(www.fwpublicart.org) and Facebook page, and MySidewalk.com. The FWAC makes
recommendations to the City Council for action on each individual project in the work plan prior to
commission of artwork.
FISCAL INFORMATION/CERTIFICATION:
http://apps.fortworthtexas.gov/council_packet/mc_review.asp?I D=26397&counci1date=11/6/2018 1/2
11/16/2018 M&C Review
The Director of Finance certifies that funds are available in the Fiscal Year 2019 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
�7d-L
Department Account Project Program Activity Budget Reference# Amount
ID I Cha tfield 2
Submitted for City Manager's Office by_ Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Martha Peters (8172983025)
ATTACHMENTS
Form 1295 Certificate for FY2019 Arts Council.pdf
REVISED MC Attachment-FY 2019 Program Summarypdf
hftp://apps.fortworthtexas.gov/council_packet/mc_review.asp?ID=26397&councildate=11/6/2018 2/2