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HomeMy WebLinkAboutContract 44579 ciTY SECRETARY CONTRACT NO$ AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF FORT WORTH AND MICHAEL VAN ENTE'R., SCULPTOR,CONSERVATOR THIS AG NT ("Agreement") is, made and entered into on this day of 2013 ("'Effective Date'') by and between The C,ity of Fort Worth, a home-Rile municipal corporation of the State of Texas (1111c ty"), acting by and th.rough Ferriando Coist,a 1� its duly a,u,tholr,ized Assistant City Manager, and Michael van, Enter,, an individual, (the "Conservator"). The City has designated the Arts Council of Fort Worth & Tarrant County, Inc, (the "Contract Manager") to manage this Agreement on its behal f. The Contract, Manager shall act through its diesignated Public Art Collection Manager("Collection Manager"). HER.EAS,,, the Contract Manager clondtilicted a request for qualification seeking indivIduals or organizations to provide professional conservation and consultation services, to 4, assist in rnaintaining the Varlue, tntegrity, and authenticity of pub,lic artwork included in the Fort Worth Public Art Collection ("'Collection"'), WHEREAS, Conservator SLibirnitted a, response and was selected to provide non- exclusive professional conservation and consultation services; and WHEREAAS, Conservator is an established conservator with experience in various mediurns: and WHEREAS, City and Conservator desire to enter into a contract to have such services provided that benefit City. NOW, THEREFORE I in consideration of the tnutuat covenants, nerein expressed, the parties agreleas, follows,- ARTICLE I SERVICES U 1.1 Conservator shall f lly provide, or cause to be provided, with good fiaith and due diligence, general maintenance, conservation, and con,sultation services for the Collection in accordance with the terns of this Agreement("Services"). The Slervices, shall be biased on the annual Fort Worth Public Art work, plan, as appiro ed al-In Ually by the Fort Worth City Council as part of the City's agreement with the Contract Manager for administration of the public art program, and on an a,s need ed basis, at the direction or the Contract Manager. All Services shall be carved obit in accordance with fully executed. Agre erne nt for Profiessionai Services with Michael van Enter OFFICIAL RECORD I Of 15 CITY SECRETARY 01S E CEIVED JUN 24 2 FT WORTNj TX KI addenda that set forth the specific. Services: to be provided and any additional terms and conditions set forth in such addenda related to the Services. 1.2 Conservator shall provide all supplies, materials, and equipment necessary to provide deliverables required unless otherwise negotiated in advance. 13 Exist,ng conditions hidden or concealed and not available for reasonable visual observation discovered during the performance of the Set-vices will be reported promptly to the Contract Manager prior to commencing any further Services. 1.4 Conservator, individually and through his subcontractors, shall take all necessary precautions to protect and preserve the Collection. If City determines, in its sole discretion, that Conservator or the Conservator's subcontractors have damaged the Collection, then City shall inform Conservator, in writing, of the damage. Conservator, at his/her own expense, sliall liave thirty (30) days fi-on-i receipt of G'ty's written notice to repair the damage to the Collection to the satisfaction of City. If Conservator fails, to repair the damages to the satisfaction of City within thirty (3101) days after receipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall have the right to deduct the cost of repairs from any remaining or future payment due to Conservator under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. L5 City shall have the right to request written progress reports from the Conservator, detailing the progress made toward completion of the Set-vices, and the Conservator shall provide such reports, with five (5) business days of such request, unless otherwise agreed by the parties in writing. ARTICLE 2 TERM &TERMINATION 2.1 Term. This Agreement shall commence upon the Effective Date and shall expire on the first day of the month next following three (3) years, ("'Initial, Term"). The City may, at its,ts, sole discretion, opt to renew and extend this Agreement for three additional one year, terms ("'Renewal Ternis"). A-ny renewal terms shall be duly executed in, writing by the parties. 2.2 Termination. Either party may terminate this Agreement at any time and for any reason by providing the other party with thirty (30) days written notice oftermination. In, the Agreement for Professional Services with Michael van Enter 2 of 15 event this Agreement is terminated prior to expiration of the Initial Term or applicable Renewal Term, City shall pay Conservator only for Services actually rendered as of the effective date of termination, and Conservator shall continue to provide the City with Services, requested by the City and in accordance with this Agreement, up to the effective date of termination. City shall have no further obligations to the Conservator upon termination of the Agreement. ARTICLE 3 COMPENSATION 3.1 In consideration of the Services, to be performed hereunder by Conservator, City promises and agrees to pay Conservator an amount tip to SIXTY THOUSAND DOLLARS ($60,000.00) ("Compensation") in accordance with the terms of this Agreen-ient. Payment, hereunder shall constitute full compensation for any and all costs associated with this Agreement, including,i but not limited to', all Services performed and materials fumished by Conservator under this Agreement. 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 this Agreement-, therefore, the City is not obligated to disburse the ffill amount of Conipensation, under this Agreement unless such payment cornp i 'lies with the terms hereii 3.2 Services outlined in this Agreement are based on hourly rates in accordance with Conservator's staff rate schedule, plus reasonable expenses, approved in advance by the City, and supported with receipt of documentation at invoicing, with total f 'Including, but not limited to, all rel'inbursable expenses. 3.3 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 15"' day following the end of the month. If the city reqUires additional reasonable documentation, it shall request the same promptly after, receiving the above-described inforination, and the Conservator shall provide such additional reasonable documentation to the extent the same is available. 3.4 The City is a tax-exempt organization, and no state or local sales taxes or federal excise taxes, shall be due or collected. The City shall provide the Conservator a "Texas Certificate of Exemption" in substantially the same form as that attached and Agreement for Professional Services with MIchael van Enter 3 of 15 incorporated herein as Exhibit "'A"' for by Conservator in the fulfillment of this Agreement. 3.5 The Conservator shall be responsible for the payments of all expenses that 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 thl's, Agreement. 3.6 In the event of a disputed or contested billing, only the portion being contested will be withheld frorn payment, and the undisputed portion will be paid., City will exercise reasonableness in contesting any bill or portion thereof No interest will accrue on any contested portion of the billing until the contest has been mutually resolved., 3.7 For contested billings, the City shall make payment in full to Conservator within sixty (60) days of the date the contested matter is resolved. 3.8 Conservator shall make timely payments to all persons and entities supplying labol-1, materials, or equipment for the performance of this Agreement. CONSERVATOR SHALL DEFEND AND INDEMNIFY THE CITY AND CONTRACT MANAGER FROM ANY CLAIMS OR LIABILITY ARISING OUT OF THE CONSERVATOR'S FAILURE TO MAKE THESE PAYMENTS. 3.9 Conservator shall furnish the City an affidavit, attached hereto as Exhibit "'B", certi fy in g that all bills relating to the Services or supplies used in the performance of this Agreement have been paid. ARTICLE 4 INDEPENDENT CONTRACTO'R 4.1 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 exclus:ive right to control, the details ofd the Services perforined hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, subcontractor s and program participants. The doctrine of respondeat superior shall not apply as between the City and Conservator, its officers, agents, servants, employees, subcontractor s,, or program participants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Agreement for Professional Services with Michael van Enter 4 of 15 Ok Conservator. It is expressly understood and agreed that no officer, agent, employee, or subcontractor s of Conservator is in the paid service of City. ARTICLE 5 INDEN/1NIFICATION 5.1 CONSERVATOR COVENANTS, AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS REPRESENTATIVES, OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDIN� BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE),PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NN,FURE, INCLUDE NGs BUT NOT LIMITED TO, 'THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT' LIMITED 'TO, WORKERS'' COMPENSATION ACT' LIABILITY, LOST PROFITS, AND PROPERTY DAMAGfl AND/OR PERSONAI,,, INJURY (INCLUDING, BUT N01T LIMITED TO, DEATH) TO ANY AND, ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORM-ANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR r THE OPERATIONS,ACTIVI rIES AND SERVICES DESCRIBED, HEREIN; AND CONSERVATOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDIN� BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS,, OF WHATSOEVER KINDS OR CHARACTER,, WHETHER REAL OR ASSE RTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. CONSERVATOR LIKEWISE COVENANTS AND Agreenient for Professional Services with Michael van Enter 5 of 15 AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS 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 AND ANY PERSON OR ENTITY ACTING ON BEHALF OF CONSERVATOR. 5.2 IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONSERVATOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION Oil PROCEEDING, AT CONSERVATOWS EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY* 5.3 CONSERVATOR AGREES TO, AND SHALL RELEASE CITY, ITS AGENTS, REPRE SENTAT IVES, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATI-I, DAMAGE OR LOSS TO, PERSONS OR PROPERTY SUSTAINED BY CONSERVATOR AND ANY PERSON OR ENTITY ACTING ON CONSERvAroR'S 'BEHALF IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. 5A CONSERVATOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT' LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR Cf-IARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL, MISCONDUCT OF CONSERVATOR AND ANY PERSONOR ENTITY ACTING ON BEHALF OF CONSERVATOR. 5.5 Conservator shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor o Contract Manager and the City in substantially the same form as above. 5.6 This, Section 51 shall survive the expiration or termination of this Agreement. ARTICLE 61 INSURANCE Agrecnient for Professional Set-vices with Michael van Enter 6 of IS 6.1 During the term of this Agreement, the Conservator shall procure and maintain,, at all times,, in, full force and effect,, a policy or policies of insurance that provides the specific coverage set forth in this Exhibit "C" as well as any and all other public risks related to the Coniservator's, performance of its obligations under this Agreement. 6.2 Conservator shall promptly provide the City with certificates of 'insurance that verify Conservator's compliance with the insurance requirements of this Agreement before commencing any Services. The City's, Risk Manager shall have the right to review and evaluate the Conservator's insurance coverage and to make reasonable requests or revisions pertaining to the types and limits of that coverage. The Conservator shall comply with such requests or revisions as a condition precedent to the effectiveness of this Agreement. ARTICLE 7 PROFESSIONAL STANDARDS AND, WARRANTIES 7.1 Conservator represents and warrants that it and its subcontractors,, if any, shall perform all Services in comp tance with the American Institute for Conservation (AIC) Code of Ethics and Guidelines for Practice. Conservator represents, and warrants that the execution of the Services will be performed in a workman-like manner, and any work performed as part of the Set-vices will be free from defects in materials and work-manship. 7.2 Conservator acknowledges and agrees that any and all information in whatever form) relating to the business of the City and acquired by the Conservator under or in connection with this Agreement, or otherwise,, is and shall remain, to the extent permitted by law, confidential information of the City. Consultant agrees to maintain in confidence and to refrain, director or indirectly, Frorn copying, usin ng g, transferti , disclosing, or * exploiting in any manner any of such confidenti.al *information during the term of this Agreement and following termination thereof,, for any reason. 7.3 Conservator, for itself and any person or entity acting on behalf of Conservator, 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. Agreement for Pre fiessional Services with Michael van Enter 7 of"IS ARTICLE MISCELLANEOUS, 8.1 Assignment. Conservator shall not assign or subcontract all or any part of its rights, privileges or duties Linder this Agreeme nt without the prior written consent of City, and any attempted assignment o subcontra.c t of sane without such prier written approval. shall he void and constitute a breach of this agreement. 8.2 Compliance, with Law. Conservator r anal any person or entity acting ors Conservator's behalf shall abide by and comply with all, lags, federal., state and local, including all ordinances, rules and regulations of City. ft % agreed and understood that, if City calls to the attention of Conservator any such violation can. the part of Conservator, then Conservator shall immediately desist from and correct such violation. 8.3 Non-Discrimination. Conservator, in the execution, performance or attempted pert'6rr-ranee of this contract and Agreement, will not discriminate against any person or persons because of disability, ale, familial status, seq., race, religion, color, national origin or any other protected class of individuals, 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 111, Division 3, of the City Code of the City of Fort Forth ("Discrimination in Employment ",racti s '), 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 sub con 8.4. Ri rt 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 exan-ine any directly pertinent boobs, documents, papers and records o f 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 sha1.1 be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions o f this section. The City shall give Conservator reasonable advance notice of intended audits. Conservator further agrees to include in all of its subcontractor Agreement for Professional set-vices with th M c h,el van Enter 8 oil 15 agreements hereunder a prov,ision to the effect that the subcontractors agree 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 works,pace 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 shall survive the expiration or termination of this Agreement. 8.5 Fiscal Fundin,g,. 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 appropri ated. 8.6 Entirp Agreement. his written,instrument constitutes the entire agreement by the parties hereto concerning the work and services to be perl'ormed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 8.7 Venue and lun'sdiction and Governin Law., Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted perfori-nance of this Agreement, venue for said action shall lie in Taffant County, Texas. This Agreement shall be governed by the laws of the State of`Texas. 8.7 Notices. Notices to be provided hereunder shall be sufficient if for-warded to the other party by hand-delivery or via. U.S. Postal Service certified mail, postage prepaid, to the address of'the other party shown,below: Agreement for Professional Services with Michael van Enter 9 Of 1 s Fernando Costa, Assistant City Manager Michael van Enter, Conservator City of Fort Worth 1415 Fairview Avenue I O�0:0 Throck-morton St. Dallas, TX 75223 Foil Worth, Texas 76102 (214) 515-9948 (817) 3 92-85 18 Copy to.- City of Fort Worth Office of the City Attorney Attn: City Attorney 1000 Throckmorton Street Fort Worth, Texas, 76102 8.9 'Non-Waiver. The failure of City or Conservator to insist upon the performance of any term or provi.sion of this Agreetnent or to exercise any right herein conferred, shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon U any such term or right on any i" tare occasion. 8.10 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 tote Services. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Conservator hereby agrees, immediately to niake full disclosure to the City in writing. Tile City acknowledges that Conservator may use products, materials or methodologies, proprietary to ✓onservator., The City agrees that Conservator's provision of services Under thi's 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, lor itself and its officers, agents and employees, fttrther agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such inforin,ation to any third patly without the prior written approval of the City. Agreement for P ro kss i on al Services with Michael van Enter 10 of 15 8.11 Sever abiliLy. If any provision of this Agreement is held to be invalid, illegal or unenforceable, he validity, legality and enforceability of the remaining provisions shall not in any way be affected orimpaired. 8.12 Force Maj*eure. 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 liab�le 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 l or regulation, is of God. fires, strikes, ,, acts of ornission, lockouts, national disasters, wars, riots, neat er al or labor restrictions by any govern-mental authority, transportation problems and/or any other similar causes. 8.13 Head Lngs not Controllin Elea d-ings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. I'N WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples in Fort Worth, Tarrant County, Texas, to be effective as of the Effective Date. CITY OF FORT WORTH MICHAEL VAN ENTER B y ........... Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler ��h 0"'40 4*"'N br A 0 Assistant City Attorney 14 0 �IA*a bo�0 0 "Wo AT T 0 C) O 0 AL f- A Air%10- Mary J. Kayser N 0000000 City Secretary M&,C # Date: '6/"Y OFFICIAL,REC ORD CITY SECRETM%ff Agreement f(,,)r Professional Services with Michael van Enter PT 7 WOR, I 1 0 I Exhibit A Tax Exempt TEXAS CERTIFICATE OF EXEAIPTION I Clairn all exemption frorn payment of sales and use taxes 1"Or the purchase of taxable itenis described below or(:)n flue attaclied order or ins,t'hce, Descniption of Itenis(or in altached order or Invoice)To Be Pttrchas J., I clairn this ex iption for the Following reason: Nainc of Exempt()rganization: C IT OF FORT WORIN,TE VkS TEXAS SALES AND I,jSE TAX PERMIT NUMBER 1-75-60,00528-6 Project for wbich materials and supplies are purchased, .......... I understand that 11 will be liable for payment ofsales tax,wbich may become due for failure to comply with the provisions of the state,city,an(Lor metropolitan transit authority sales,and tise tax laws and comptroller rules regarding exempt purchases. I.Jability for the lax will be,determined by the price paid for the taxable items purchased or the fair market rental value foi-dic period offirne uso& l understand that it is a arisderticanor to,give an eXeniption,certificate to thesellier ror taxable it which I know,at the time of the purcliase,will be used in as nianner other than that expemseAi in this wlificate and.upon conviction.may be fined up to$500 per offense. as Ejenipt Staius Due to f ira g a Governmental Entit Pdrchaser: CITY OF FORT WORTH,"I'E XA S, 1000THROCKMORI'ON'STREET Street Address� City,State.Zip Code:FORT,WORTH',TEXAS 7610I 2 [Xite- June 11,2009 Phone: 817-39%8517 Sii.,'n Here: 'This certificate does not require a nuji'ibcr to be valld. Sales avid i use tax­exeniption numbers,"or"lax exempt'-numbers do not exist, This certificate should be furnished tO tlIC SUpIllier Do nolsend the compIcted certilk:a1c to thie Comptroller of Publie Accounts., Agreement for Professional Services with Michael van Enter 12 of 15 Exhibit B Affidavit of Bi'lls Paid AFFIDAVIT OF BILLS PAID Date: Affiant(Artist): Purchaser(City of Fort Worth): Property(Artwork Site Affliant on oath swears that the following statement is tnie: Affiant has paid each of Affilant's contractors, laborers, and i-naterialnien in full for all labor and materials provided to Affiant for the construction of any and all improvernents on the property. Affiant is not indebted to any person, flml,,or corporation by reason of any such constniction. There are no claims - pending for personal injury and/or property damages. Affiant(as listed in contract),: SUBSCRIBED AND SWORN T O before me,, the undersigned authority,on this the day of Notary Public, State of Texas Print Name Commission Expires Agreement for Professional Services with Michael van Enter 13 of 15 Exhibit C Insurance Requirements PUBLIC ART-INSURANCE REQUIREMENTS The Conservator shall meet all the following insurance requirements for the assessment, naming the City as an additional insured on each policy of insurance, except Workers Compensation. If the Conservator subcontracts any part of the work, then the Conservator shall also require his/her subcontractor(s) to ab:ide by all of the following insurance requirements. The Conservator shall require the subcontractor(s) to name the Conservator and the City as additional insureds. Commercial General Liability (CGL) $1)0001)000: Each occurrence $210001000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as comprehensive as the current Insurance Services Office(ISO) policy. The policy shall name City as an additional insured. Automobile Liability $1,0100,0100 Each accident or $25o1000 Bodily Injury per person $50010010 Bodily Injury per occurrence $1001000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-owned. For the Conservator and/or the Conservator's Subcontractors who, have employees: Workers' Compensation Statutory limits, Employer's liability $10000 Each acc,ident/occurrence $100,000 Disease-per each employee $500,000 Bodily Injury/Disease -policy limit Workers' Compensation coverage shall provide limits, consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.011 et seq. Tex. Rev. Civ. Stat.). GENERAL POLICY REQUIREMENTS Thirty(30) days notice of cancellation or non-renewal. Example: "This insurance shall not be cancelled or non-renewed, until after thirty (30) days prior written notice has been given to City of Fort Worth, except for ten (10) days, notice for non-payment of premium." Agreement for Professional Services with Michael van inter 14 of 151 Waiver of rights of recovery(subrogation)in favor of City of Fort Worth. The insurers for all policies must be license approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. If insurance policies are not written for specified coverage lirnits, an Umbrella, or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. "Unless otherwise stated, all required insurance shall be wriltten on an (.'occurrence basis." If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5�) years following, completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. it annual certificate of insurance submitted to City shall evidence such insurance coverage.) The deductible or self-insured retention(SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable a4justments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in n statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies, and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Agreement f©r Professional Sei-vices with Michael van Enter 15 of 15 Official site of the City of - ct Work,Taxes CITY L'OUNCIL AbAoftENIDLA FoRTWonn � n r r d �I U h✓Ifl,4 rJJ I I r ,r r /�/iIAIWIJ IV/�l✓IU,����'!lJ(IJJII,l���/%l/////r/1/,�tll/i%%kfllL////r/,,,9fV1�141�4(flOh11111,if,0///�GJlallfifl�hr�f1»I�nr�f/lllrlbJl/%/%/(lYk(�,i� r 1r✓%IY%%%OIJ 1///IJIr/J,1,1 r!/,�!��J l J/ ,/ ! ! f W ��V1�dJlA��lf ri"91!%r1.�I1 D/il/Idlllr aJYN60/rl�l�VG,yJ,�/��/dl»�1P9�,9U;u�;lad�Il�ldgW��l�4m4'AG�h'UH�7�,�iY4�P�9 H�lrM�',�t�Sf��lf�1 r�iG�[il�v�r�V��Vf�!U,aifi�Y COUNCIL ACTION Approved on 6/4/2013, DATE,: 6/4/2O 13 REFERENCE **C-26284 LOG NAME.- 2000NSERVATOR MICHAEL , N�ir11l1dN!h�M�i"tVJIl,J�i h l i11 r f,1'✓/l ffi/r fY,// f9/ /r � / / r err i, i i � , Y�lU�lh JJ111 F!h!�„V,Nfl„�ll,�%W/r1�1,✓%i/(rlt/91,1/l/�J,//// r r � / ��, r , 1171 dN/�l/l//////�rhJylll��Gi`�lJl'�irldh4SfPoM�rwS(�(fl1(l(Y(!l�rii///%/ll/(,l d.�lJ1i✓{I//r/%/„%,/l//%//1, /,1,�� /i �r, 7 i r/r p i i, i, � , Irn�f!/,�/////fill%1�6//�%%lAlll1/A)�19�01 11 y%(�fllflW�(.,+/Yyi/%y////%/Hf111/IrIIL/f ll,ll�///%Gi✓/!f l�ll� f!d U N 1 �/ 1 1 i rrJklllll ddlfll�J1 IOU/�i�Id7Z�ll�OIUJ//i/!,/lip,'�Y�Il�4�lIJdI��+UrY�1�%' u�'9”J�f�1rDAJ11;�?11�01 Y�1�rh�'!”�1GYlPar�a�JJy�lddfIh�IJ Ar(�✓rd4�l/w�Yllllln�l��N,�7lflll!r'nll�J�;fit+lJOdiVY(uC7�lt(`N(l��ff(GYDI!�Vllu"APd�41��fGfl���°!4�,�@V�htu�(I`I�Vf� N o:w VAN ENTER PUBLIC CODE: C TYPE'. CONSENT' HEARING,: NO SUBJECT: Authorize Execution of'e Non Exclusive Professional Services Agreement with Michael van Enter in the Amount Not to Exceed $60,000.00 for Maintenance and Conservation Treatment of Veri�ouls,Artworks in the Fort Worth Public Art Collection (,ALL COUNCIL DISTRICTS) � - , n N�'I N /l 1, OtiIY�'Yl,o�ifVrlr��l1G/,E'Illlllf,B///r1f111111//Jrl/r�%/11111J1r/%%(l f rJr/ir,Iallrr/J,11r/J /ii/ ,,// /,/ ! r r f/ r r r I w , Ll,,,,?�JWOy�//c/y///////J,NlII,///ll///2,lAlJl�a0,0/1.4/lllGf�ll�JlJt hll/„71//BG,�UUa{J�'r9Jlflli/�//O�J!>I,,,IfU/iJJJ./�/%�IJ�(61�tJ'�kW1�IN��`+'l�/J1(Iff1/OIlN1 NY�JG�I�W!W`a4�111�J�WY�h11�/4,/�Wl(rI11d2Yalllt�Yr////J�V1�WY%�Yl�1J/ah�b{rliGl/r✓Jfif//7�lt�MNWi�llhJl/J/N!I/�V(lrfl�?fUyllrJdl6Y�m,l�u✓lal� IdV; r 0( rf 9. N! N9N�IAK4��IJ°�u4�d1�!��e1��I�t�fNI,d4�r�0!� RECOMMENDATION.- It is, recommended that the C,ity Council authorize the execution of a non-�exolusive Professional Services Agreement with Michael van Enter in the amount not to exceed $60�,0010.00 for maintenance and' conservat,ion treatment of various artworks in the Fort Worth, Public,Art Collection This non-exclusive Professional Services Agreement (Agreement) will enable the City to implement its Pu,hllilo Art Collection Mainegerneiint Coiniservation 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 thle 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 201 3-2014 Fort Worth Public Art FWP Annual Work Plan adopted by City Co�uno,il on October 1 611 201 2 (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 Cite' Council as pert of the Annual Work Plan, will he issued to the conservator and addled' as addenda to his Agreement. BACKGROUND:: The City currentl'y owns 68 artworks eoioessioned 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 the mural's, architecturally initegireted enhancements, and wrti,st-oreete�d historic monuments. On January 7, 20113, FWPA issule�d a Request for Qualifications RFQ l 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 F'W'PA and City of Fort"worth we sites, and posted on the National Puhilic Art Network Lister . Services to he performed under this Agreement include (but are not limited to): condition assessments, glener�al 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, teem credentials, and related experience), philosophical treatment approach, evidence of insurabillity and schedule of fees. Applicants were evaluated based on ability, to perform with various roadies and materials,, including metals, organic materials, stone, tile, glass, and technolo,gioel media, Seven candidates ubmitted materials for review.. Each submission was reviewed by a panel http. .cfwnet.o�rg/coun.c*�� o���t�"��o oar o�����`' �� ��oo o � � to � � 1.� 6/21/2013 W.M&CReview Page 2 0 consisting of the following individuals: 1. Arthur WeinmanI Fort Worth Art Commissioner 2. Joldie Utter, Fine Art Conservator with the Amon Carter Museum 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 spe,ciallilzati,oin and to quantify rate s,tructuirel. The panel selected four candidates to provide various services to the City, with each being chosen to fulfill' specific needs. M" ichael van Enter was selected as a qualified conservator to, provide the shone-listed services and because he has a broad-based knowledge of the material's in the Fort Worth Public Art Collection, has previous experience of the FW'PIA 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 INIFORIVIATIONICERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. TO Fun,d/Accolunt/Cent rs, FROM Fay nd/A,ccount/Centers GG01 539120 09016 QQ 5 0_,_QO 0.0 0 .............. ........... ....... Submitted for City Ma na Ls ggr Offic,e,.,,b Fernando Costa (6122) Qrig"ina0p,g_Dqpartment Head-.- Douglas W. Wiersig (78,01) Additional Information Conta,ct: Martha Peters (2918-3025) .............. ATTACHMENTS MASTER http://apps.cfwnet.org/council_packet/mc—review.asp.?,TD1=18372&councildate=6/4/20113, 6/21/2013