HomeMy WebLinkAboutContract 36739 e
CITY
CONTRACT I0 Y3(739
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF FORT WORTH AND
CSILLA FELKER DENNIS, CONSERVATOR
THIS AGREEMENT ("Agreement"), entered into this day of mare.? , 2008,
by and between THE CITY OF FORT WORTH, a home rule municipal corporation of the State
of Texas ("City"), acting by and through Carl Smart, its duly authorized Acting Assistant City
Manager, and CSILLA FELKER DENNIS, an individual (the "Conservator"). The City has
designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC, (the "Arts
Council") to manage this Agreement on its behalf. The Contract Manager shall act through
Jennifer Conn, its designated Public Art Collection Manager(the "Contract Manager").
WHEREAS,the City has established a Public Art Conservation Fund to insure proper
stewardship of the City's Public Art Collection; and
WHEREAS, a member of the Fort Worth Public Art Collection known as Early Texas/
Modern Texas by Vernon Fisher, more particularly described in Exhibit "A" (the "Artwork"),
and located in the Fort Worth Convention Center, 1201 Houston Street in Fort Worth, TX (the
"Site"), is owned by the City of Fort Worth; and,
WHEREAS, the City is in need of professional conservation services to assist in
maintaining the value, integrity and authenticity of the Artwork; and
WHEREAS, City and Conservator desire to enter into a contract to have such services for
the Artwork;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
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03-13-08 A07 :46 IN
ARTICLE 1
SERVICES
1.1 General
a. Conservator covenants and agrees to fully perform, or cause to be performed, with good
faith and due diligence, and, in substantial conformity with the Conservator's proposal
bid ("Services") dated March 30, 2007, attached as Exhibit "B" and incorporated herein
for all purposes incident to this Agreement. Services shall be performed in a professional
manner and in strict compliance with all terms and conditions in this agreement.
b. Conservator shall provide all supplies, materials, and equipment necessary to complete
Services.
C. Dates and times for Conservator to commence Services will be provided to the
Conservator in a notice to proceed from the Contract Manager via e-mail, facsimile
transmission or hand delivery ("Notice to Proceed").
d. Upon request by the Conservator, the City shall promptly furnish all information,
materials, and assistance required by the Conservator to the extent that such materials and
assistance are available.
e. Existing conditions hidden or concealed and not available for reasonable visual
observation described in Exhibit "A" will be reported promptly to Manager prior to
commencing further Services. The Conservator shall notify the City, through its Contract
Manager, in writing any reasons necessary for changes of scope or of any reasonable
issues of concern including safety to the artwork or to the public.
f. The Conservator may subcontract services to be provided hereunder at the Conservator's
expense, provided that said subcontracting shall be carried out under the personal
supervision of the Conservator. Any subcontract entered into under this A—cc --* shall
be expressly subject to the terms of this Agreement. i� ;1 ! r
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g. Conservator, individually and through its subcontractors, shall take all necessary
precautions to protect and preserve the integrity of the Site, the Artwork while providing
Services. Conservator shall promptly repair to a condition acceptable to the Contract
Manager and the City any damage caused by Conservator or its employees, agents or
subcontractors.
1.2 Deliverables
Within thirty (30) days after the completion of Services, Conservator shall provide certain
deliverables to the City for final acceptance. Conservator shall be responsible for services and all
supplies, materials and equipment necessary to provide deliverables which shall consist of the
following:
a. A final narrative of the conservation treatment describing the process in detail
including methods and materials used.
b. An original set of high resolution digital files and jpegs documenting the pre-
treatment condition and overview of the treatment.
C. A narrative outlining best maintenance requirements.
1.3 Final Acceptance
The Conservator shall advise the City by invoice that all services have been completed in
conformity with the terms of this agreement. Included in such notice from the Conservator shall
be an affidavit, attached hereto as Exhibit "C" (Affidavit), certifying that all bills relating to
services or supplies used in the performance of this Agreement have been paid.
ARTICLE 2
TERM&TERMINATION
2_I Term.
This agreement shall commence in accordance with the Notice to Proceed and, unless terminated
earlier pursuant to such provisions in this Agreement, shall extend until final payment to the
Conservator by City, whichever is later.
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2.2 Duration
The services to be required of the Conservator set forth in Article 1 shall be completed in
accordance with the schedule for completion of the Work as proposed by the Conservator and
approved by the City; provided, however, such time limits may be extended or otherwise
modified by written agreement between the Conservator and the City.
2.3 Termination.
Either party may cancel this Agreement at any time and for any reason by providing the other
party with thirty days written notice of termination. In the event this Agreement is terminated
prior to expiration of the Term, City shall pay Conservator only for Service actually rendered as
of the effective date of termination. In the event of termination of the Agreement prior to
completion of the Services, regardless of the reason for such termination, the Conservator shall
immediately assign to the City those contracts relative to the Services entered into between the
Conservator and subcontractors that the City designates in writing. With respect to those
contracts assigned to and accepted by the City,the City will only be required to compensate such
subcontractors for compensation accruing to such parties under the terms of their agreements
with the Conservator from and after the date of such assignment to and acceptance by the City.
All sums claimed by such subcontractors to be due and owing for services performed prior to
such assignment and acceptance by the City will constitute a debt between the Conservator and
the affected subcontractors, and the City will in no way be deemed liable for such sums. The
Conservator shall include in all agreements or contracts entered into with subcontractors a
provision providing for the foregoing,
ARTICLE 3
FEE
3.1 Fee
Services outlined in this Agreement are in accordance with Conservator's proposal bid plus
reasonable expenses approved in advance by the Arts Council with total fee including all
reimbursable expenses not to exceed TWO THOUSAND FOUR HUNDRED DOLLARS
$2 400 . Additional services, supplies, rentals, or deliverables not specifically listed in Exhibit
n rn`-,
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"A" must be approved in writing in advance of performance and the Conservator will be
compensated for any such additional services or reimbursables in accordance with the"Fee".
3.2 Payment
Payment from City to Conservator shall be made on an invoice basis for services rendered
following receipt by City from Conservator of a signed invoice. The invoice shall be submitted
to City no later than the 15d'day following the end of the month.
3.3 Sales Taxes
The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes
shall be due upon the Project. The City shall supply the Conservator with the "Texas Sales Tax
and Local Sales Tax Exemption Certificate," in substantially the same form as that attached
hereto and incorporated herein as Exhibit "D" for use by Conservator in the fulfillment of this
Agreement.
3.4 Expenses
The Conservator shall be responsible for the payments of all expenses detailed in Exhibit
"A"which are incurred during the performance of this Agreement, including but not limited to
services, materials, mailing/shipping charges and insurance on submissions to the City, cost of
all travel,and costs for the Conservator's agents, consultants, and/or employees necessary for the
proper performance of the services required under this Agreement.
Conservator shall make timely payments to all persons and entities supplying labor,materials, or
equipment for the performance of this agreement. THE CONSERVATOR SHALL DEFEND
AND INDEMNIFY THE CITY AND THE ARTS COUNCIL FROM ANY CLAIMS OR
LIABILITY ARISING OUT OF THE CONSERVATOR'S FAILURE TO MAKE THESE
PAYMENTS.
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ARTICLE 4
INDEPENDENT CONTRACTOR
Conservator shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Conservator 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 respondeat superior shall not apply as
between the City and Conservator, its officers, agents, servants, employees, subcontractors, or
program participants, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Conservator. It is expressly understood and agreed that no officer,
agent, employee, or subcontractors of Conservator is in the paid service of City.
ARTICLE 5
INDEMNIFICATION
(a) CONSERVATOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, THE ARTS COUNCIL AND THE 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;
AND CONSERVATOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF
THE ARTS COUNCIL AND THE 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,
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PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS,ACTIVITIES AND SERVICES DESCRIBED
HEREIN. CONSERVATOR LIKEWISE COVENANTS AND AGREES TO AND DOES
HEREBY INDEMNIFY AND HOLD HARMLESS THE ARTS COUNCIL AND THE 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 CONSERVATOR, ITS OFFICERS, MEMBERS,AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS.
(b) CONSERVATOR AGREES TO AND SHALL RELEASE THE ARTS COUNCIL AND
THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES
FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY CONSERVATOR IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Conservator shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of the Arts Council and the City in substantially the same
form as above.
(d) This Section 5 shall survive the expiration or termination of this Agreement.
ARTICLE 6
INSURANCE
During the term of this Agreement, Conservator shall procure and maintain at all times, in full
force and effect, a policy or policies of insurance that provide the specific coverage set forth in
this Section 7 as well as any and all other public risks related to Conservator's performance of its
obligations under this Agreement. Conservator shall specifically obtain the following types of
insurance at the following limits:
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7 � � :�+��v 1:It 9 C'
• Commercial General Liability:
$1,000,000 per occurrence; providing blanket contractual liability insurance products
and completed operations; independent contractor's liability; and coverage for
property damage to City facilities; and
• Automobile Liability:
$1,000,000 per occurrence or accident; including, but not limited to, all vehicles,
whether owned or hired, in use by Conservator, its employees, agents or
subcontractor; and
• Worker's Compensation/Employer's Liability:
Worker's compensation coverage as required by applicable law; and Employer's
Liability at$100,000 per accident.
Conservator shall promptly provide the City with certificates of insurance that verify
Conservator's compliance with the insurance requirements of this Agreement. The City's Risk
Manager shall have the right to review and evaluate Conservator's insurance coverage and to
make reasonable requests or revisions pertaining to the types and limits of that coverage.
Conservator shall comply which such requests or revisions as a condition precedent to the
effectiveness of this Agreement.
All policies shall be primary to any other insurance carried by the City or the Arts Council and
shall name the City and the Arts Council as additional insureds.
ARTICLE 7
MISCELLANEOUS
7.1 Assignment.
The Conservator shall not assign or subcontract all or any part of its rights, privileges or duties
under this Agreement without the prior written consent of the Contract Manager, and auy
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attempted assignment of subcontract of same without such prior written approval shall be void
and constitute a breach of this agreement.
7.2 Compliance with Law.
Conservator, its officers, agents, employees and subcontractors, shall abide by and comply with
all laws, federal, state and local, including all ordinances, rules and regulations of City. It is
agreed and understood that, if City calls to the attention of Conservator any such violation on the
part of Conservator or any of its officers, agents, employees or subcontractors, then Conservator
shall immediately desist from and correct such violation.
7.3 Non-Discrimination.
Conservator, in the execution, performance or attempted performance of this contract and
Agreement, will not discriminate against any person or persons because of disability, age,
familial status, sex, race, religion, color or national origin, nor will Conservator permit its
officers, agents, employees, or subcontractors to engage in such discrimination.
This Agreement is made and entered into with reference specifically to Chapter 17,
Article III, Division 3, of the City Code of the City of Fort Worth ("Discrimination in
Employment Practices"), and Conservator hereby covenants and agrees that Conservator, its
agents, employees and subcontractors have fully complied with all provisions of same and that
no employee or employee-applicant has been discriminated against by either Conservator, its
agents, employees or subcontractors.
7.4 Right to Audit.
Conservator 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 any directly pertinent books,
documents, papers and records of the Conservator involving transactions relating to this
Agreement. Conservator agrees that the City shall have access during normal working hours to
all necessary Conservator 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
Conservator reasonable advance notice of intended audits.
�XV
Conservator further agrees to include in all of its subcontractors agreements hereunder a
provision to the effect that the subcontractors agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractors involving
transactions to the subcontract, and further that City shall have access during normal working
hours to all subcontractors 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
subcontractors reasonable advance notice of intended audits.
This Section 7.4 shall survive the expiration or termination of this Agreement.
7.5 Fiscal Fundiniz.
In the event no funds or insufficient funds are appropriated by the City in any fiscal period for
any payments hereunder, City will notify Conservator 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 qppropriated.
7.6 Entire Agreement.
This written instrument constitutes the entire agreement by the parties hereto concerning the
work and services to be performed hereunder, and any prior or contemporaneous, oral or written
agreement,which purports to vary from the terms hereof shall be void.
7.7 Venue and Jurisdiction.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant
County, Texas.
IMUMD
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7.8 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: Carl Smart, Acting Assistant City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
(817) 392-8518
Copies to: Martha Peters, Public Art Director
Arts Council of Fort Worth& Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
(817) 298-3023
2. CONSERVATOR: Csilla Felker Dennis
Objects Conservator
3505 Villanova
Dallas, TX 75225
(214) 691-4337
7.9 Non-Waiver.
The failure of City or Conservator to insist upon the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's or District's right to assert or rely upon any such term or
right on any future occasion.
7.10 Disclosure of Conflicts.
Conservator hereby warrants to the City that Conservator has made full disclosure in writing of
any existing or potential conflicts of interest related to Conservator's services and proposed
services with respect to the Services. In the event that any conflicts of interest arise after the
Effective Date of this Agreement, Conservator hereby agrees immediately to make full
disclosure to the City in writing.
The City acknowledges that Conservator may use products, materials or methodologies
proprietary to Conservator. The City agrees that Conservator's provision of services under this
Agreement shall not be grounds for the City to have or obtain any rights in such proprietary
products, materials or methodologies unless the parties have executed a separate written
agreement with respect thereto. Notwithstanding the foregoing, Conservator understands and
agrees that the City is subject to various public information laws and regulations, including, but
not limited to, the Texas Open Records Act. Conservator, for itself and its officers, agents and
employees, further agrees that it shall treat all information provided to it by the City as
confidential and shall not disclose any such information to any third party without the prior
written approval of the City.
7.11 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.
7.12 Force Majeure.
The City and Conservator shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including,
but not limited to, compliance with any government law, ordinance or regulation, acts of God,
acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor
restrictions by any governmental authority, transportation problems and/or any other similar
causes.
7.13 Certified MWBE.
If applicable, Conservator shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by
the City under the City's M/WBE ordinance.
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7.14 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.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas,to be effective as of �nkttL /.5, 206g
ATTEST: CITY OF FORT WORTH
By:
Marty Hendrix _15 � m
City Secretary Acting Assistant City Manager
Contract huthorizatioa
Date
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
Date: 4! ( C
CONSERVATOR
By: �X'Q
Csilla Felker Dennis
14
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Csilla Felker Dennis, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that the same was the act of
the Csilla Felker Dennis and that he executed the same as the act of said Csilla Felker Dennis for
the purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 day of
A.D. 2008.
JAMES TAYLOR FREEMAN
Notary Puthc,State of Texas
My Commission Expires
August 09,zoos otary Public in for
the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Carl Smart, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /r1 day of Mlt6ltll ,
A.D. 2008.
,uw P ROSELLA BARNES
'= MY COMMISSION EXPIRES Notary Public in and for the State of Texas
March 31,2009
0 P I "1 '11,X0 G
Early Texas/Modern Texas is a diptych(a work made of two parts). Both
paintings are installed on the second floor in the ballroom lobby above the
east and west escalators.
Early Texas Vernon Fisher
r
Modern Texas Vernon Fisher
®FF1C1AI kRRORD
EXHIBIT A S E-A
ffily
FT. yOUI R, TEX.
i 13:06 2146914337 (SILLA DENNIS PACE 02
1 7-
Jannaw Coon,Conectios MangW
Fart Vft*Pdit Art/Convention Center
1300 Cvm*Short, Fart Werth, Tudors 76107
Tel:817-732-2380 x 23
March 30,2007
&e visit and conwymm on Mad*16.2UUT at the FW
Convention Ceew(Donald 1ipdd and Vernon Fisher diaplsyW sttwadcs)
Overaru datdltww: on site ekgnwans and aarKaWon rm,Qomg tom:
Both the Upsk and the FiWw WsU"an are in good condition and no
noticeable choose has tokou,place is the physical conditions. The 14Wd
ses>iptm's banging cable seamm*taouching the cavity in the eaUg and no
or mmimal rotation was noted of the hat won;as opposed to the
previous visit last winter when the object was moving npKlly.The in►portnmt
thing is to make sane that the cable at the point of contact is not abrading.
The amount of new eoosemetion dust and city deposit was not aigoc6curet.
Dvadld Liath ea►Rservutton 0N9mX23J=One aetlbtg ftttalla*n
It is mconmaectded that wi ft the next sine tuoulb to ace yew the surfaces of
the hats be dusted and the cable chedwd along WO the rest of the connecting
structures and aftachusents to the bats.This project win require Wb and extra
persoaad_The area needs to be dosed for that period of tkw to the public for
safety reasons.
Catsrnwdarr adware gf*AM is$6M00 r Am
In addltiart the eqnOneW should be sgppltad by die FW Cataentkn Center.
Kwnw Fiaohar Muir o►otsc. (7%o wrrU ircataUattarts)
This project can be carded out with the next sa mouth since no msijor
equipment is needed and the project would be less extensive,Ito Hood is for
suparficaal surface dooms onix however,the surface cloomg would bring
acts the fine details Aw the duet is removed.
Cmwrvatm afta e:s 12U IV for awh ar wnnk Tbld moms $24Ut)Utz
Cst7la Fence Dennis,Conservator of Object
3505 Y>llonora Street,Dallas Texas 75M
Tcl/FAX: 214-691-4337
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CIS N I ETA F
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AFFIDAVIT OF BILLS PAID
Date:
Affiant:
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials
provided to Affiant for the construction of any and all improvements on the property. Affiant is not
indebted to any person, firm, or corporation by reason of any such construction. There are no claims
pending for personal injury and/or property damages.
Affiant:
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
day of , 2008.
Notary Public, State of Texas
Print Name
Commission Expires
I.X1111311 C
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TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable
items described below or on the attached order or invoice..
Description of Items(or an attached order or invoice)To Be Purchased:
All Items
I claim this exemption for the following reason:
Name of exempt organization: City of Fort Worth
Texas Sales and Use Tag Permit Number 175-6000528-6
Project for which materials and supplies are purchased:
I understand that I will be liable for payment of sales tax, which may become due for
failure. to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used..
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of the purchase,will be used in a manner other
than that expensed in this certificate and, upon conviction,may be fined up to $500 per-
offense.
Tax Exempt Status Due to Being a Governmental Entity
Purchaser: City of Fort Worth
Street Address: 1000 Throckmorton Street
City,State,Zip Code: Fort Worth,Texas 76102
Sign Here: A4�z,"4 Date: 02/07/2007 Phone: (817)392-8325
e Gmy Rossi start Finance Directoi
This certificate does not require a number to be valid.. Sales and use tax "exemption
numbers"or"tax exempt"numbers do not exist..
This certificate should be furnished to the supplier. Do not send the completed certificate
to the Comptroller of'Public Accounts..
CITY SNI-J21REPHY
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007 - Ord. # 17799-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 60ARTS PROGRAM REFERENCE NO.: G-15888
SUBJECT:
Authorize Transfer of FY2006-07 Water and Sewer Operating Funds for the Fort Worth Public Art
Program and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $921,284.00 from the FY2006-07 Water and Sewer Operating Fund to the
Specially Funded Capital Projects Fund for the Water Department contribution to public art funding; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of$921,284.00 from available funds.
DISCUSSION:
On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794 creating the Fort
Worth Public Art Program. The purpose of the Public Art Program is to:
• create an enhanced visual environment for Fort Worth residents;
• commemorate the City's rich cultural and ethnic diversity;
• integrate the design work of artists into the development of the City's capital infrastructure
improvements; and
• promote tourism and economic vitality in the City through the artistic design of public spaces.
In accordance with Council policy established in that ordinance, two percent of the annual operating budget
of the Water and Sewer Fund for cash financing of capital projects is allocated for public art in the city. This
two percent is set aside on an annual basis for the Fort Worth Public Art Program. Public art is also funded
via a two percent set aside of General Obligation (GO) bond funds.
Specific art projects in the Fort Worth Art Commission (FWAC)'s Annual Work Plan, as well as projects
noted in the Long-Range Public Art Plan for the 2004 Capital Improvement Program (approved by Council
on May 17, 2005, M&C G-14801) and the Long-Range Public Art Plan for the Water Fund (approved by
Council on May 9, 2006, M&C G-15185) are funded from that set-aside of GO bond and Water and Sewer
Fund capital improvement funds. The FWAC's FY2007-08 Annual Work Plan of specific projects to be
funded will be forthcoming in conjunction with the M&C for the Arts Council's FY2007-08 Fort Worth Public
Art Program management contract.
The Fort Worth Public Art collection represents a significant asset to the City and its citizens; therefore, the
acquisition and display of art works also entails a commitment to maintain and conserve them. Bond funds
cannot be used for such conservation activities. Therefore, to ensure proper stewardship of a growing City
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/8/2008
Page 2 of 2
art collection, a Public Art Conservation Fund, which is to achieve a standing balance equal to 15 percent of
the public art collection's value, was established in FY2005-06, using $200,000 from the Water
Department's annual contribution for Public Art. In addition to the transfer of Water and Sewer Fund
monies for Public Art Program management and public art design / fabrication / installation, this M&C also
serves to add to the established pool of funds for art conservation activities. The proposed FY2007-08 set-
aside for public art conservation activities is $100,000.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1& 1 $821,284.00 1) PE45 538070 0709020 $921,284.00
C291 472045 031989990100
2) $821,284.00
C291 539120 031989990100
1&21 $100,000.00
C291 472045 031889990100
2) $100,000.00
C291 541200 031889990100
Submitted for City Manager's Office by: Libby Watson (6183)
Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Melissa Ramon (8245)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/8/2008