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HomeMy WebLinkAboutContract 44635 0TY SECRETARY CONTRACT AGREE MEN FOR PROFESSIONAL SERVICES BETWEENTHE CfTY OF FORT WORTH AND JOHN R. .N S SCULPTURE CONSERVATOR THIS AGREEMENT "Agreeme nt" is made and entered into on this day of , 2013 ("Effective T ate") by and between The City of Fort Worth, a home-rule municipal,ipal, corporation of the State of Texas ("City"), acting by and through g Fernando Costa, its duly authorized ss start City a gar and John R. Dennis, an individual, ("Conservator"'). The City has desigr ated the Arts Council of Fort Worth & Tarrant County, Inc, (the "'Contract Manager", to manage this Agreement on its behalf. The Contract Manager shall act through its designated P,u l is Art Collection Manager ("Collection Manager"). WHEREAS, the Contract Manager conducted a request for gUal ific ation seeking individuals viduals r organizations to provide professional conservation and consultation services to a,ss,rst in maintaining t he value, integrity, and, authenticity public artwork included in the Fort Worth Public Aa-t Collection n `Collection") WHEREAS, Conservator submitted a response and was, selected to provide non- exc lus ve professional conservation acrd consultation services; and WHEREAS, Conservator is an established conservator Faith thirty-four years of w. experience; are E AS, City, and Conservator r desire to eater into a, contract to have such services, provided that benefit City. NOW, THEREFORE,, in consideration o�f the mutual covenants :herein expressed, the parties agree as follows: ARTICLE 1 SERVICES 1.1 Conservator shall ftilly provide, or cause to be provided, with good faith and due diligence, general maintenance, conservation, and consultation services for the Collection in accordance with the terms of this Agreement ("Services"). The Services shall be lased on the annual Fort, Werth Public .Art work plan, as approved annually by the Fart Worth City Council as part of the City's agreement with the Contract Matiager for administration of the public art program, and on an as-needed basis at the direction of the. Contract 'Manager. All Services shall be carried out in accordance with ful.l.y executed OFFICIAL RECORD11 Agreement for Professional Services witl John R,Dennis o'15 cilry socaTARY R,E C E I V E 0 U FT&WORI"s YX addenda that set forth the specific Services to be provided and any additional ten'ns, 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. 1.3 -Existing conditions hidden or concealed and not available for reasonable visual observation discovered during the performance of the Services will be reported pros nptly to the Contract,Manager prior to con-lniencing any ftirther Services. 1.4 Conservator, individually and through his subcontractors,, shall take all necessary precautions to protect and preserve the Collection. If City deterniines, in its sole discretion., that Conservator or the Conservator's subcontractors have damaged tile Collection, then City,shall inform Conservator, in writing, of the darnage. Conservator, at his/her owri expense, shall have thirty (30) days from receipt of City's written notice to repair the damage to the Collection to the satisfaction of City. If Conservator falls to repair the damages to the satisfaction of City within thirty (3� days after receipt of the notice, or within the deadline otherwise agreed to by the parties, then City shall have the light 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 rernedies, available to City at law or in equity. 1.5 Cily shall have the right to request written progress reports from the Conservator, detailing the progress made toward completion of the Services, and the Conservator shall provide such reports with five (5) bustness, days of such request, unless otherwise agreed by the parties in writing. ARTICLE 2 TERM &TER MfNATION .1 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 sole discretion, opt to renew and, extend this Agreement for three additional one year te,n,ns ("Renewal Ternis"). Any renewal ten-ns 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 of termination. In the Agreement for Professional Services with John R.Dennis 2 of 15 event this Agreement is terminated prior to expliratio,n 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 up to NINETY THOUSAND DOLLARS ($90.,0100.00�) Compensation") in accordance with the terms of this Agreement. Payment hereunder shall constitute full compensation for any and all costs associated with this Agreement, including, but not limited to, all Services performed and materials furnished 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 full amount of Compensation under this Agreement unless such payment complies with the tenns herein. 31.2 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,i and supported with receipt pit of documentation at invoicing, with total fee including, but not limited to,, all reimbursable expenses. 3.3 Payment from City to Conservator shall be made on an invoice basis for Services rendeyed following receipt by City from Conservator of a signed invoice. The invoice shall be submitted to City no later than the 15th 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 information, 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 fora as that attached and Agreement for Professional Services with John R.Dennis 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 per fon-nance 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. 3.6 In the event of a disputed or contested billing, only the portion, being contested will be withheld from 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 biltings, the City shall make payrnel'it 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 pet-sons and entities supplying labor, 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 TUIESE PAYMENTS. 3.9 Conservator shall furnish the City an affidavit, attached hereto as Exhibit "B", certifying that all bills, relatilig to the Services or supplies, used in the perforniance of this Agreement have been paid. ARTIGLE 4 INDEPENDENT CONTRACTOR 4.1 Conservator shall operate hereunder as an it 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,, subcontractor s and program participants. T fie 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 Agreement for Professional Services with John R.Dennis 4 of 15 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 subcontractor s of Conservator is, in the paid service of City. ARTICLE 5 MDEMNIFICATION 5.1 CONSERVATOR COVENANTS AND AGREES, TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS R-EPRESENTNI"IVES, OFFICERS, AGENTS, SERVANTS, AND, EMPLOYEES FROM AND AGAINST ANY AND, ALL CLAIMS, fjAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, I.,jIENS, LOSSES,, EXPENSES, COSTS, FEES (INCLUDINCjs BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,DAMAGES, LIABILITIES, AND/OR SUITS, OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED rro, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE), AND/OR PERSONAL INJURY (INCLUDING, BUT NOT ICI MITEDTO, 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, PERFORMANCE,, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/1011, THE OPERATIONSI ACTIVITIES AND SERVICES DESCRIBED, HEREIN,; AND CONSERVATOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS: OFFICERS,, REPRESENTXIrIVES, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR, PROPERTY LOSS: OR DAMAGE AND/OR PERSONAL INJURY, INC LUDlINC-5 BUT NOT LIMITED TO, LSE XfH, TO ANY AND, ALL PERSONS, OF WHATSOEVER KINDS, OR CHARACTER,, WHETHER REAL OR ASSERTED, ARISING OUT OF' OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORNIANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES Agreement for Professional Services with Jolm R.Dennis 5 of"15 DESCRIBED HEREIN. CONSERVATOR LIKEWISE COVENANTS AND 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, CONS ERVA,r"rOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CONSERVATOR'S EXPENSE, BY OR THROUGH ATTORNEYS, REASONABLY SATISFACTORY TO CITY. 5.3 CONSERVATOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, AND LEGAL AEI PRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAIN EDBY CONSERVATOR AND ANY PERSON OR ENTITY ACTING ON CONSERVATOR'S BEHALF' IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGRE.E.MENT. 5.4 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. CHARACTER, WHETHER REAL OR ASSERTEDI TO THE EXTENT CAUSED BY THE NEGLIGENT ACT S) OR O,MISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT' OF' CONSERVATOR AND ANY PERSON OR 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 of the Contract Manager and the City in substantially the same for as above,. 5.6 This Section 5 shall survive the expiration or termination ofthis Agreement. 1, el ARTICLE 0 INSURANCE Agreement for Professional Services with John R.Dennis 6 of 15 6.1 During the term of this Agreement, the Conservator shall procure and maintain, at all free I I insurance that provides the specific times, in full rce and effect, a, policy, or policies of* r coverage set forth in this Exhibit "C" as well as any and all other public risks related to the Conservator's per-f*ormcance of its obligations under this Agreement. 6.2 Conservator shall promptly provide the City with certificates, of insurance that verify Consei-vator'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 oi this Agreement. ARTICLE 7 PROFESSIONAL STANDARDS A N WARR-ANTIES 7'.l Conservator represents and warrants that it and its subcontractors, if any, shall perform all Services in compliance with the American Institute for Conservation (AfC) 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 perfornied as pail of the Services will be free from defects in materials, and workmanship,. 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, from copying, using,, transferring, disclosing, or exploiting, in any manner any of such confidential 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. Agreenient for Professional Services with John R.Dennis 7'of 15 ARTICLE 8 8,1 Assi,gnment. Conservator shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prier written consent of City, and any attempted assignment of subcontract of same without such prior written approval shall he prod and constitute a breach of this agreement. Compliance with Law. Conservator and any person or entity acting on Cu nscrvator" behalf 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, then. Conservator shall immediately lye desist from and correct such violation. 8.3 Non Discrimination. Conservator, in the execution, performance or attempted perfo ante of this contract and Agreement, will net discriminate against any person or persons because of disability, age, familial, status, sex, rase, religion, color, national. origin or any other protected class of individuals, nor will Conservator vator p�cnnit its officers, agents, employees, or subcontractors ntractors to engage in such discrimination. This Agreement is made and entered into with reference specifically to Chapter 17, Article 111, Divisi on 3�, of the City" Code of the City of fort. Worth ("Discrimination in Ernployrnent 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,r, its agents, employees or subcontractors. 8.4. RiAt 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,, docurnients, papers and records of the Conservator involving transactions relating to this Agreement. Conservator agrees t1lat 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. `he City shall ;give Conservator reasonable advance notice of intended audits. Conservator further agrees to include in all of its subcontractor agreements hereunder u provision ors to the effect that the subcontractors agree that the! City Agreement f"r Professional Services with John R.Dennis 8 of 15 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 l oo ks, 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 work-space 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. I 8.5 Fi,scaj r%unding. 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 oft he payments herein agreed upon for which funds shall have been appropriated. 8.6 Entire Ag eement. 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 frorn the terms hereof shall be void. 8.7 Venue and, Jurisdiction and Governing 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 Tarrant 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 forwarded 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 John R.Dennis 9+ °15 Fernando Costa, Assistant City Manager John R. Dennis, Conservator City of Fort Worth 3505: Villanova, 10001 Throckmorton St. Dallas, TX 75225 Fort Worth, Texas 76102 (214), 691-4337 (817) 392-8518 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 provision of this Agreement or to exercise any right herein conferred shall not be construed as awaiver or relinquishment to any extent of City's, right to assert or rely upon, any such to or right on any future 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 to the Services. In the event that any conflicts of interest arise after the Effective .Date of this Agreement, Conservator 17 hereby agrees imrnediately 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 oi- 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, r 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 infon-nation to any third party without the prior written approval of the City. Agreement for Professional Servi with John R.Dennis 10 of 15 8.11 SeverabilAy. 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 or impaired. 8.12 Force Mal*eure,., The City and Conservator shall exercise their best efforts to meet their respective duties and obligat,ions as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force ma cure or other causes beyond their reasonable control, including, but not limited to, compliance with any govenuuent law, ordinance or regulation, acts, of God, acts of omission, fires, strikes, lockouts,, national disasters, wars, riots,, material or labor restrictions by any governs-nentat authority, transportation problems and/or any other similar causes. 8.13 HeadijIgs not Controll Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a,part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed. this Agreement in multiples in Fort I Worth, Tarrant County, Texas, to be effective as of the Effective'Date. CITY OF FORT WORTH JOHN R. DENNIS /1001 By: Fernando Costa Z:�_.,0"-" Assistant City Manager APPROVE,I) AS TO F0R_"'ND LEG AI,,...ITY-. Of Tyler I�ATaich f - 1 p k� ' �00 Assistant City Attorney % 06 0 AT ESA`- N, 0 JoIr 0 J"'71111_ 0 ap e Mary J k,dl r 000000 AV City Secretary M&,C # OFFICIAL RECORD Date: "7 CITY SECRETARY FT.WORTH,TX Agreement for Professional Services with John R.Dennis I 1 of'15 Exhibit A Tax Exempt CERTIFICATE OF EXEMPTION I claim an excni-ption frorn pa%mient of's axle s 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 lnwolce)"ro Be Purchased: I claim this exemption for the follo%w�*jng reason., Name of Exempt Organization: CI SAN'OF FORT WORTH TEXAS TEXAS SALES AND USE TAX PERMIT NUMBER 1-75-6000528�-6 Project for which matetialsand supplies an purchased: I understand that I w ill be liable for PaNincrit of sales tax,which may become due for failure to comply with the provisims of the-state,city,wid/or metropolitan transit authority sales,and u e tax la,,%ts and comptroller rules,regarding exempt purchas-s. Liability ftir the tax will be determined by the price paid f'or the taxable item s piu-chased or the fitir market rental value for the period of tinie used, I understand that it is as misdemeanor to give at)excirription certificate to the seller for tax awl leitems which I know,at the time ofthe purchase,wi,ll be used in as inanner other than that expensed In this certificate and.,upon conviction,may be fined'up to$500 per offerise. Tax Fuel Stapjs Due to Being as Govenimental Entit, Put-chaser, CITY OF FORT WORTItTEXAS Street Address: 1000 THRO(*K.NIORTO,%*S "REST Cily State.Zip Code:FOR" WOWf H,TEVkS 76102 J S i Here: JOL�tll aa°r June 11,2P)9 I'lionc: 817-392-8517 A i? This certificate does riol require a manber tcil bt-k-alid. Sales and uw lax-excillption TILUIlbers",or"tax exempl-numbers do not exist. This certificate should be tbrnished to the.supplicr t)(-,)not send the complete(]certificate to tile Comptroller of'Public Accounts. Agreement for Professional Services with John R.Dennis 12 of 15 E x hi blit B Affidavi"t of Bills Palid, AFFIDAVIT OF BILLS PAID, Date.- Affian't (Artist): Purchaser(City of Fort Worth)- Property(Artwork Site),-.-- ............ A "giant on oath swears, that the following statement is true., Affiant has paid each of Afflant's,contractors,, laborers, and matt rialmen in full for all labor and materials, provided to Affian't for,the const-ruction of any and all ij' on the property. Affiant is not indebted to any person,firm,,or coirp.oration by reason of any such construction. There are no claiins pending for personal injury and/or property damages. Affiant as listed in contract): ................. SUBSCRIBED AND SWORN TO before me,, the undersigned authority,on this the day of 2 O_ . Notary Public, State of Texas Print'Name Commission Explires, Agreement for Professional Services with Johin,R.Dennis 13 of 15 A. Exhibit 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 abide by all of the following insurance requ i rein ents. The Conservator shall require the subcoiltractor(s) to narne the Conservator and the City as additional insureds. Commercial General Liability(C GL) $1,000,0001 Each occurrence $2,0010,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, proi&CtSkOnipleted operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and be as cornprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Automobile Liability $1 joo0,000 Each accident or $2501,0100 Bodily Injury per person $50010001 Bodily h1jury pier occurrence $1 MAO 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 Himlits Employer's fiablillity $ 1 00,000 Each accident/occurrence $1001,0100 Disease -per each employee $,51010 000 Bodily Injury/'Disease-policy limit 11 Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers" Compensation Act(Art., 8308— 1.01 et seq. Tex, Rev. Civ. Stat.). GENERAL POLICY REQUIRIEMENTS Thirty(30)days notice of cancellation or non-renewal. Example.: "This insurance shall not be cancelled or non rep 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 John 1 t.Dennis 14 of 15 Waiver of rights of recovery(subrogation) in favor of City of Fort Worth. The insurers for all policies must be licensed/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 satisfactioti of Risk Management. f'the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of tile primary coverage!. "Unless otherwise stated, 1, "occurrence bas S.11 (If coverage is all required insurance shall be written oil an"occui 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 claitns 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 set-vice provided under the contractual agreement or for the warranty period, whichever i's longer. An 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 Gig's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjIustinents to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Foil 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 terills, conditions, limitations, or exclusions except where policy provisions are established by law 1�1 or regulations binding upon either of party or the underwriter on any such policies. Agreement for Professional Services with John R,Deruils 15 f 15 7/12/13 M&C ReVew e,C )f'Forl.,Wodb,Te,,xas CITY COUNCIL AGENDA FoRTIVORTH COUNCIL ACTION,*, Approved on 6/4/2013 DATE; REFERENCE **C-26282 LOG NAME: 2000NSERVATOR JOHN R., NO.: DENNIS PUBLIC CODEN C TYPE: CONSENT HEARING: NO SUBJECT'-. Authorize Execution of a Non-Exclusive Professional Services Agreement with John R. Dennis, in the Am, ount Not to Exceed $90,000.00 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 i Services Agreement with John R. Dennis in the amount not to exceed', $90,000.00 for maintenance 1 and conservation, treatment of various, artworks in the Fort Worth Public Art Collection. 0 DISCUSSIOIN-0 I This non-exclusilve Professional Services Agreement (Agreement) will enable,the City to implement its Publ�ic Art Collection Man agemeat/Con,servation program in order to care for ands maintain the City's Public Art collection as set forth in the Long range Public Art Plan for th Water Fund adopted by the i City Council on May 9 2006 (M&C G-15185). The initial, term of Agreement will be three,years, w'it'h the, option to renew for three additional one-year terms for a total: amount not to exceed $90,000.00, using funds from the annual Public Art Conservation Fund —Operating Budget. The Fiscal Yea r 20113- !14 Fort Worth Public Art (FWPA) Annual Work P'lan 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 nual 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 the 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-quali'f'led 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 Aft Network Listserv. Services to be, perfor ed under this Agreement include (but are not limited to): condition assessments, general cleaning, conservation treatment and repair, treatment docu�rmentatlion (written and photographic), maintenance plannin g, and design review and cons ultation. Respondents, were asked to provide materials that demonstrate ability to accomplish the work (firm hiefnni +anm r-rmr4anfiolc nnA raln+nrl a ✓narimnr%chN fn=in+mgan+ nnnrrvar h mwirlanr-a ref wvvw,fort\&orthgov.org/counciI _pac1et/rnc_re\Aew.asp?1D= 6/4/2013 1/2 7/12/13 M&C Re\Aew Ill 10L\111 Y I L%.#"I I I I ILI CA I%'J ILA I I\.4 1 tj I Imi"l I ImOcA I LI%.#CA Lli I I%o I 1L C:AHta I ".,Ill %.l I%A%.o I Il%*.#%o NJ I I- a I incur abilliT l. - and, scneauie of fees. Applicants were evaluated based on ability to perform with various Y miedials and materials, including metals,, organic materials, stone, tile, glass and technological media. Seven candidate submitted material for review. Each submiss,ion was reviewed by a panel) consisting of the following in i° Arthur Wein�man, Fort Worth Art Commissioner 2. Jodie 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 nutria considering 13 factors was created to rank plrofessional qualifications, experience, abillity, and specialization and to quantify rate structure. The panel selected four candidates to provide various services to the Citl with each being chosen, to fulfi'l'l specific needs. John R. Dennis was selected as a qualified conservator to, provide the above-listed services and has broad-based experience with the Fort Worth Public Art Collection, having satisfactorily provided services to the collection since 2005. Over the course of the term of thlis Agreement, artworks located in all Council Districts throughout the city will benefit. FISCAL DIED~' MAT ION/CERT IFICAT ION': The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General' Fund. TO Fun id/Account/Centers FROM Fund/Account/C rs GG01 539120 0901600 $190,0001.00 ............. .......... ...... ............... Submitted, for City...Mania S Offl by: Fernando Costa (6122) Orl*ilg'I'nat*in.gDeDartment Head: Douglas W. Wiersig (7'8101) Additional] Information Contact,,,. Martha Peters (2,98-302,5) ­............. ......__­.......... ........... ATTACHMENTS MASTER INVENTORY(5 21 13).r)df wAw.fort\&orthgov.,orgi/council_paciet/mc—re\Aew.asp?ID=18374&counci I date=6/4/2013 2/2 .............. .............