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HomeMy WebLinkAboutContract 44579-R1 (2)� ,,�� O�'� Ui i 2` ���i�� i��`�� ,��,��, �f�wir�►�i �A. � FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 44579, AS PREVIOUSLY ADDENDED, PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND MICHAEL VAN ENTER, CONSERVATOR This FIRST RENEWAL OF CITY SECRETARY CONTRACT NO. 44579, as previously addended, ("First Renewal"), is made and entered into by and between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas, acting by and through its duly authorized Assistant City Manager, and MICHAEL VAN ENTER, ("Conservator"). The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COiJNTY, INC., to manage this Agreement on its behal£ The Contract Manager shall act through its designated Public Art Collection Manager. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Section 2-56 through 2-61 of the Fort Worth Code of Ordinances to insure proper stewardship of the City's public art collection; WHEREAS, the City and Conservator entered into a Professional Services Agreement for specific services for the purpose of assisting with the care and maintenance of the Public Art Collection, the same being City Secretary Contract ("CSC" No. 44579), along with four addenda (CSC Nos. 44579-AD1, 44579-AD2, 44579-AD3, and 44579-AD4) (collectively, the "Agreement;" WHEREAS, the Agreement provides for an initial three-year term and for the possibility of three one-year renewals, at the sole discretion of the City; WHEREAS, under the Agreement, the compensation was outlined to be an amount not to exceed $60,000; however, the parties intended the amount to only apply to the initial term of the Agreement; WHEREAS, the primary term expires on June 25, 2016; WHEREAS, the City and Conservator desire to continue this relationship by extending and renewing the Agreement for a one-year renewal period; and WHEREAS, while extending the Agreement, the parties wish to outline the compensation allowable under the Agreement during the First Renewal; `� � �" ����� �'� '> � ��� � � �� First Renewal CSC 44579— Van Enter 1 of 3 Execution Copy 9/30/16 �T pF���i,AL RECORD CITY' S'�GRETARV �'Q'o �II�RTH, TX NOW, THEREFORE, City and Conservator do covenant and agree as follows: 1. In consideration of the Services to be performed hereunder by Conservator during this First Renewal, City promises and agrees to pay Conservator an amount up to THIRTY THOUSAND DOLLARS ($30,000.00) ("Compensation") in accordance with the terms of the Agreement and this First Renewal. Payment hereunder shall constitute full compensation for any and all costs associated with the Agreement and this First Renewal, including, but not limited to, all Services performed and materials furnished by Conservator under the Agreement and this First Renewal. The parties acknowledge that the Compensation is not a fixed fee but shall be made on an invoice basis for Services rendered in accordance with the Agreement and this First Renewal; therefore, the City is not obligated to disburse the full amount of Compensation under the Agreement and this First Renewal unless such payment complies with the terms of the Agreement and this First Renewal. 2. The City and Conservator hereby agree to renew and extend the Agreement for its first one-year renewal period, effective on June 26, 2016, and expiring on June 25, 2017 ("First Renewal Term"). 3. All other terms and conditions of the Agreement shall remain in full force and effect during the First Renewal Term unless specifically amended herein. 4. All terms in this First Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this First Renewal in Fort Worth, Tarrant County, Texas, this���-�day of ���? ����i-- , 2016 / CITY OF FORT WORTH MICHAEL VAN ENTE� SCULPTOR CONSERVA�QR / by: Ls.�-- Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: � � � � By: � ` �; ' �., '� Jessica� Sangsv�n� ..� Assist�ant City Attorney II First Renewal CSC 44579— Van Enter 2 of 3 Execution Copy 9/30/16 by: van ���r����. ���o�u CITY SECftETARY � FT. WARTH, TX Form 1295: Not Required ATTESTED BY: �; - By: � � a � er � City Secretary M&C C-26284 (6/4/2013) � ���n���� � �� �� �/ � n �-'� � ° , %_ __�. P i Y /`�v , '\ � Yt'f��G��u�Oftb' :', ' �; l�y �� ° :�.�,.. ��i',� ���5 '°� � ��� �F�ICIAL RECORD Cii'� ��C6�E'�'AFBV �'T �l4lclt�T�1, T�( First Renewal CSC 44579— Van Enter 3 of 3 ' -- ---- Execution Copy 9/30/16 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas I �CIRT ���RTI� COUNCIL ACTION: Approved on 6/4/2013 REFERENCE ** 2000NSERVATOR MICHAEL DATE: 6/4/2013 N� : C-26284 LOG NAME: VAN ENTER CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Non-Exclusive Professional Services Agreement with Michael van Enter in the Amount Not to Exceed $60,000.00 for Maintenance and Conservation Treatment of Various Artworks in the Fort Worth Public Art Collection (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a non-exclusive Professional Services Agreement with Michael van Enter in the amount not to exceed $60,000.00 for maintenance and conservation treatment of various artworks in the Fort Worth Public Art Collection. DISCUSSION: This non-exclusive Professional Services Agreement (Agreement) will enable the City to implement its Public Art Collection Management/Conservation program in order to care for and maintain the City's Public Art collection as set forth in the Long Range Public Art Plan for the Water Fund adopted by City Council on May 9, 2006 (M&C G-15185). The initial term of Agreement will be three years with the option to renew for three additional one-year terms for a total amount not to exceed $60,000.00, using funds from the annual Public Art Conservation Fund — Operating Budget. The Fiscal Year 2013-2014 Fort Worth Public Art (FWPA) Annual Work Plan adopted by City Council on October 16, 2012 (M&C C-25920) outlines the Collection Management Plan for the first year of this Agreement. Subsequent annual Conservation Work Plans, recommended by the Fort Worth Art Commission and approved by the City Council as part of the Annual Work Plan, will be issued to the conservator and added as addenda to his Agreement. BACKGROUND: The City currently owns 68 artworks accessioned into the Fort Worth Public Art Collection. During the term of this Agreement, the collection is expected to increase to approximately 90 artworks sited in all Council Districts. The collection is comprised of works including stand-alone sculptures, painted and tile murals, architecturally integrated enhancements, and artist-created historic monuments. On January 7, 2013, FWPA issued a Request for Qualifications (RFQ) for conservation services for the purposes of creating a pre-qualified pool of qualified conservators with various media specialties. The RFQ was sent to individuals and firms, posted on the FWPA and City of Fort Worth websites, and posted on the National Public Art Network Listserv. Services to be performed under this Agreement include (but are not limited to): condition assessments, general cleaning, conservation treatment and repair, treatment documentation (written and photographic), maintenance planning, and design review and consultation. Respondents were asked to provide materials that demonstrate ability to accomplish the work (firm history; team credentials and related experiencel, philosophical treatment approach; evidence of insurability and schedule of fees. Applicants were evaluated based on ability to perform with various medias and materials, including metals, organic materials, stone, tile, glass, and technological media. Seven candidates submitted materials for review. Each submission was reviewed by a panel http://apps. cfwnet.org/council�ackethnc_review.asp?ID=183 72&councildate=6/4/2013 10/25/2016 M&C Review consisting of the following individuals: 1. Arthur Weinman, Fort Worth Art Commissioner 2. Jodie Utter, Fine Art Conservator with the Amon Carter Museum Page 2 of 2 3. Jenny Conn, Public Art Collection Manager with the Arts Council of Fort Worth and Tarrant County A scoring matrix considering 13 factors was created to rank professional qualifications, experience, ability, and specialization and to quantify rate structure. The panel selected four candidates to provide various services to the City, with each being chosen to fulfill specific needs. Michael van Enter was selected as a qualified conservator to provide the above-listed services and because he has a broad-based knowledge of the materials in the Fort Worth Public Art Collection, has previous experience of the FWPA collection, and has support Staff to assist with the maintenance of the collection. Over the course of the term of this Agreement, artworks located in all Council Districts throughout the city will benefit. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. TO Fund/AccountlCenters FROM Fund/AccountlCenters GG01 539120 0901600 $60,000.00 Submitted for City Manaqer's Office bv: Originating Department Head: Additional Information Contact: 1=ii�_��:I►�il�►��� MASTER INVENTORY(5 21 13).pdf Fernando Costa (6122) Douglas W. Wiersig (7801) Martha Peters (298-3025) http://apps.cfwnet. org/council�acket/inc_review. asp?ID=18372&councildate=6/4/2013 10/25/2016