HomeMy WebLinkAboutContract 36453 CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF FORT WORTH AND
CSILLA FELKER DENNIS, CONSERVATOR
THIS AGREEMENT ("Agreement"), entered into this b day of
by and between THE CITY OF FORT WORTH, a home rule municipal corporation of the State
of Texas ("City"), acting by and through Libby Watson, its duly authorized Assistant City
Manager, and CSILLA FELKER DENNIS, an individual ("Conservator"). The City has
designated 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 Jennifer Conn, its designated Public Art Collection Manager("Manager").
WHEREAS, allocated from the Long Range Public Art Plan for the Water Fund,
approved by the City Council on May 9, 2006 are funds for the Conservation Action Plan which
insures proper stewardship of the City's Public Art Collection; and
WHEREAS, the City owns an artwork titled Intimate Apparel&Pearl Earrings by
Donald Lipski which is located at 1201 Houston Street in Fort Worth, TX, more particularly
described in Exhibit "A"hereto (the "Artwork"); 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, Conservator provides professional conservation services; and
WHEREAS, City and Conservator desire to enter into a contract to have such services
provided which benefit City.
i x•'411"" •�� -•,��Hi!`Cf'1�
Y JJ
1
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
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, all objectives described in Exhibit "A", attached and incorporated
herein for all purposes incident to this Agreement ("Services"). Services shall be
performed in a professional manner and in strict compliance with all terms and conditions
in this agreement.
b. The scope of Services to be performed shall be in compliance with Conservator's
Condition Assessments and Treatment Proposal Bid, attached hereto as Exhibit "B" and
incorporated herein for all purposes.
C. 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.
d. Existing conditions hidden or concealed and not available for reasonable visual
observation discovered during Services will be reported promptly to Manager prior to
commencing further Services.
e. 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 Agreement shall
be expressly subject to the terms of this Agreement. Conservator shall provide
information regarding all subcontractors, including its fabricator, along with a copy of the
subcontract between Conservator and each subcontractor.
2
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
2.1 Term.
Services shall be provided by Conservator for a term beginning December 28, 2007 and ending
when City determines the Services are complete, or February 29, 2008, whichever occurs first.
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.
3
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.
ARTICLE 3
FEE
3.1 Fee
Services outlined in this Agreement are based on day rates in accordance with Contractor's
standard day rate schedule of ONE THOUSAND DOLLARS per day plus reasonable expenses
approved in advance by the Arts Council, including equipment rental, with total fee including all
reimbursable expenses not to exceed SEVEN THOUSAND DOLLARS ($7,000).
3.2 Expenses
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'h 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 Artist 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 Artist in the fulfillment of this Agreement.
4
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,
5
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 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 7
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:
6
• 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.
ARTICLE 8
MISCELLANEOUS
8.1 Assignment.
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 City, and any attempted assignment of
subcontract of same without such prior written approval shall be void and constitute a breach of
this agreement.
7
8.2 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.
8.3 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.
8.4 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.
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
8
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 8.4 shall survive the expiration or termination of this Agreement.
8.5 Fiscal Funding.
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 appropriated.
8.6 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.
8.7 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.
8.8 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:
9
Libby Watson, Assistant City Manager Csilla Felker Dennis, Conservator
City of Fort Worth 3505 Villanova
1000 Throckmorton St. Dallas, TX 75225
Fort Worth, Texas 76102
(817) 392-8518 (214) 691-4337
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 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.
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 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.
10
8.11 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.
8.12 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.
8.13 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.]
I1
IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective as of December 28, 2007.
ATTEST: CITY O ORT WORTH
,- By:
Hendrix Libby Watson
1XCity Secretary Assistant City Manager
APPROVED AS TO FORM AND c
LEGALITY: o tr c Guth rizatioa
r t
'gate
,Assistant City Attorney
Date: 61a
ATTEST: CONSERVATOR
By: L U
Csilla Felker Dennis
i v'J
1's'
i"•Y
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 day of
A.D. 2007.
M LEON
MMISSI Y R
MY COMMISSION EXPIRES t, �
'• f^1 ApA 18,2011 Not Public in and for
the tate 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 Libby Watson, 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 _J� day of Ai4z�yl ,
A.D. 2007
`•'°'�P ROSELIA BARNES
MY COMMISSION EXPIRES Notary Public in and for the State of Texas
Qt; March 31,2009
1'
13
SERVICES
CONSERVATION TREATMENT
Treatments are based on Conservator's submitted Condition Report/Treatment Proposal
1. Conservator will furnish all supplies, materials and equipment as necessary for
completing Services unless otherwise provided for in the terms of this agreement.
2. Conservator may rent equipment to access the sculpture as an additional expense if the
City owned Convention Center lift is not available. Fees for a lift operator may be
included as an additional expense.
2. Conservator will commence work on dates and times mutually agreed upon by the
Conservator and the City.
3. The scope of Services to be performed shall be in compliance with Conservator's
Condition Assessments and Treatment Proposals and include:
a. Removal of dust and debris from surface of hats and structure as best possible using
methods recommended by the Conservator to best protect the surface of the objects
b. Inspection for evidence of insect infestation or organic growth
c. Inspection and documentation of surfaces for evidence of other forms of degradation
not generally assumed to be existing prior to the installation of the artwork.
4. Conservator shall promptly repair, to a condition reasonably acceptable to the Manager
and the City, any damage caused to property by Conservator or its employees, agents or
subcontractors.
12/18/2006 10:45 2146914337 CSILLA DENNIS PAGE 06
Insects and ornanic orowth problems:
No Insects were found underneath the hats,or on the steps or in the
comers. The most problem would be moth infestation on the felt or
beaver or wool materials. Dark spotting from spiders could be a
problem or if birds or bats may enter the space. General periodic
housekeeping and regular building insect control maintenance should
be sufficient. Mold would only cause problems if flooding occurs or
extreme changes in the relative humidity during the rainy seasons due
to equipment malfunctioning. If excess moisture is present fans and
ventilation is recommended to circulate the air. It is recommended
that small insect traps be placed in the comers and monitor the
presence of insects.
Conservation and Maintenance Recommendations:
1 J The initial phase of overall conditioning and environmental
observation has been completed. November-December 2006.
2./ The next step is the exarninaaon of the structure,the cables,the
attachments of the hats, particularly the metal one. This can be done
by an engineer and the conservator presence is needed only to
consult at this stage. Requires extensions;and an equipment operator
to read the higher areas;and temporary dosing off the space for
traffic immediately affected by the operation.
3./ Actual cleaning of the hats: requires extension with operator and
assistant to the conservator.The conservator would recommend the
cleaning materials,such as brushes, handheld battery operated
vacuum and other conservation materials as the situation arises.
This process should take place after the major building constriction is
completed across the street outside and more of the work is moved to
the interior spaces. During the site visit 1 observed the dust and debris
generated by the building construction across the sheet that was
visible from the entrance of the Convention Carrier.
12/18/2006 10:45 2146914337 CSILLA DENNIS PAGE 07
�(b
4./ Actual conservation of the Fisher installations would involve the
conditioning and documenting of any new form of deterioration. The
surfaces can be dusted by a conservator and this may be done without
the need of machinery and an additional operator. Just by using
extension poles on the brushes and feather dusters the cleaning can
be accomplished.
Recommendations:
a./ A trained conservator condition and follow up with environmental
observatiqM of the currently displayed and installed artworks at the
Fort Worth Convention Center 1-2 times per year.
Estimate: $600.00 per visit with written report
b./ It is suggested that the gMllyllradw and&Uch,ral tests to be
done every two or three years,taking it into account that the display
conditions remained similar to as it was observed during the site visit
in December 2006.
Conservator's fee with materials and insurance: $1000.00/day
Total days of conservation work(Lipski, Fisher)estimated for 5 days.
The engineer's fee;the machinery rental with the machine opera tor,
and the set up and de-assembling is a separate fee.
Wriftn by-.
Csilla Felker Dennis
Conservator of O*ft
3505 vllanova Street
Dallas,Texas 75225
TeVFAX: 214-891-4337
Csicsika(Mstxalobal.net
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 2007.
Notary Public, State of Texas
Print Name
Commission Expires
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 Tax Permit Number 1-75-6000528-6
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 Throckmo ton Street
City,State,Zip Code: Fort Worth,Texas 76102 AA Sign Here: Date: 02/07/2007 Phone: X817}392-8325
M eGray-Rossi, stantFinance&W—tor
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.
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
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
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/3/2008
Page 2 of 2
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&2) $821,284.00 1) PE45 538070 0709020 $921,284.00
C291 472045 031989990100
21 $821,284.00
C291 539120 031989990100
1&2) $100,000.00
C291 472045 031889990100
2A $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 1/3/2008