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HomeMy WebLinkAbout063991-NA1 - General - Contract - Arts Council of Fort Worth and Tarrant County Inc., dba Arts Fort WorthCSC No. 63991-NA1 NETWORK ACCESS AGREEMENT This Network Access Agreement ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a home rule municipal corporation with its principal location at 100 Fort Worth Trail, Fort Worth, Texas 76102, organized under the laws of the State of Texas and ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY INC., DB/A Arts Fort Worth, a Texas non-profit corporation, with its principal location at 306 W. Broadway Ave., Suite 200, Fort Worth, TX 76104 ("Vendor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Vendor wishes to access the City's network in order to provide administrative services for the Fort Worth Public Art Program. In order to provide the necessary support, Vendor needs access to Internet, Intranet, email, and HEAT System. 2. Grant of Limited Access. Vendor is hereby granted a limited right of access to the City's Network for the sole purpose of providing administrative services for the Fort Worth Public Art Program. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Vendor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Vendor. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Otherwise, access rights will automatically expire one (1) year from the date of this Agreement ("Expiration Date"). ® Services are being provided in accordance with City Secretary Contract No. 63991. ("Contract") ❑ Services are being provided in accordance with City of Fort Worth PeopleSoft Contract No. . ("PSK #") ❑ Services are being provided in accordance with the Agreement to which this Access Agreement is attached. ("Contract") ❑ Services are being provided without a City Secretary Contract at no cost to the City ❑ No services are being provided pursuant to this Agreement 4. Renewal. This Agreement shall renew in accordance with the term of the Contract or PSK #. If there is no Contract or PSK #, this Agreement may be renewed annually by City, in its sole discretion, at the end of the Expiration Date and each renewal term thereafter. Notwithstanding the scheduled contract expiration or the status of completion of services, Vendor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Vendor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Vendor acknowledges, agrees and hereby gives its authorization to the City to monitor Vendor's use of the City's Network in order to ensure Vendor's compliance with this Agreement. A breach by Vendor, its officers, agents, servants, employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to OFFICIAL RECORD CITY SECRETARY Network Access Agreement (Rev. 8/28/19) Page 1 of 4 FT. WORTH, TX Vendor pursuant to this Agreement shall be grounds for the City immediately to deny Vendor access to the Network and Vendor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Vendor agrees to remove entirely any client or communications software provided by the City from all computing equipment used and owned by the Vendor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Security. Vendor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Vendor agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, including but not limited to, theft of Vendor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT VENDORMAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO VENDOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, VENDORSHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. VENDOR, AT VENDOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Vendor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Vendor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Rieht to Audit. Vendor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Vendor involving transactions relating to this Agreement. Vendor agrees that the City shall have access during normal working hours to all necessary Network Access Agreement (Rev. 8/28/19) Page 2 of 4 Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Vendor reasonable advance notice of intended audits. Vendor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable notice of intended audits. 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Vendor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Vendor as to the matters contained herein regarding Vendor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Vendor. 13. Assignment. Vendor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. 14. 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. 15. Force Maieure. Each party shall exercise its best efforts to meet its 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 (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 16. Governing Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authority. By affixing a signature below, the person signing this Agreement hereby warrants that he/she has the legal authority to bind the respective party to the terms and conditions in this agreement and to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Signature Page Follows] Network Access Agreement (Rev. 8/28/19) Page 3 of 4 [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: W *4&— By: Di an na Giordano(Nov 24, 202513:13:19 CST) Name: Dianna Giordano Title: Assistant City Manager Date: 11/24/2025 ARTS COUNCIL OF FORT WORTH AND TARRANT UN Y INC., D/B/A Arts Fo: Worth By: � —? Name: Wesley Gentle Title: Executive Director & President Date:. November_ 1_7, 2025 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: By: _�jar,PzsoP� jLarq Name: Candace Pagliara Title: Sr. Assistant City Attorney Contract Authorization: M&C: 25-0909 Approval Date: 9/16/2025 Form 1295:2025-1351811 Contract Compliance Manager: By signing I acknowledge that I am the responsible for the monitoring and admini of this contract, including ensuring all perfc and reporting requirements. By: Cynt (Nov , 2025 15.25.24 CST) Name: Cynthia Tyree Title: Assistant Director, IT Finance City Secretary: By:�bo� ad Name: Jannette Goodall 'e0 FORroodd Title: City Secretary -o o =o ddC o.* 000 000 *'a NZ41 nEXAs44p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Network Access Agreement (Rev. 8/28/19) Page 4 of 4 11/17/25, 1:10 PM M&C Review Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA F>t TWoRin Create New From This M&C DATE: 9/16/2025 REFERENCE **M&C 25- LOG NAME: 84ARTS FORT WORTH NO.: 0909 AGREEMENT FY2026 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of a Contract with the Arts Council of Fort Worth and Tarrant County, Inc. D/B/AArts Fort Worth in the Amount Up to $1,586,370.00 for Professional Management of the Fort Worth Public Art Program, Administration of the Competitive Arts Grant Program, and Pass -through Funding for Management of the Rose Marine Theater for Fiscal Year 2026 RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with the Arts Council of Fort Worth and Tarrant County, Inc. D/B/AArts Fort Worth in an amount up to $1,586,370.00 for professional management of the Fort Worth Public Art Program, administration of the Competitive Arts Grant program, and pass -through funding for management of the Rose Marine Theater for Fiscal Year 2026. DISCUSSION: Funding for Arts Fort Worth's contract is provided annually through the General Fund. The current agreement for Fiscal Year 2025 (City Secretary Contract No. 62494), authorized by Mayor & Councill Communication (M&C) 24-1002, will expire September 30, 2025. The purpose of this M&C is to authorize a new agreement which will continue the services for Fiscal Year 2026 with corresponding funding. The Fiscal Year 2026 Budget includes financial support for Arts Fort Worth in an amount up to $1,586,370.00. The table below describes how those funds are to be distributed: Art Grants Program Funding 1 Amount Administrative Costs ' _F $103,107.50 Competitive Grants Program F $927,967.50 Total Funding Grants Program for the Arts $1,031,075.00 Pass -through Funding for Management of Rose Marine Theater $50,000.00 (Artes de la Rosa) (Public Art Program Administration Funding I $505,295.00 otal Funding in this Contract with the Arts Council $1,586,370.00 In order to streamline the allocation of funds to various organizations, the City partners with Arts Fort Worth to distribute funds; thus, the City will make a single payment in the amount of $1,586,370.00 to Arts Fort Worth for all of the programming that Arts Fort Worth undertakes on behalf of the City. ARTS GRANTS PROGRAM FUNDING This is the City's 24th year to partner with Arts Fort Worth who will continue to use the funds in support of grants that fund general operating costs of arts organizations and arts education and cultural engagement programming. These funds allow Arts Fort Worth to continue to provide funding and leadership to stimulate and ensure the advancement of arts via assistance to non-profit apps.cfwnet.org/council_packet/mc_review.asp?ID=33769&councildate=9/16/2025 1 /3 11/17/25, 1:10 PM M&C Review organizations in the City. The contract includes a requirement stating that these funds must be used for arts programming (exhibitions, installations, performances, concerts, etc.) within the City. In turn, these projects enhance the cultural and artistic life of the community. Arts Fort Worth will retain the amount of $103,107.50 shown above for its costs in administering the competitive grants program, and the remaining funds in the amount of $927,967.50 for Grant Program for the Arts shall be granted to recipients. ADMINISTRATIVE SCOPE OF WORK FOR ARTS GRANTS PROGRAM: 1. Provide for an open, unbiased, and competitive grants process. 2. Ensure proposed grant activities involve arts programming within the City. 3. Ensure community representation on grant panels. 4. Require from Recipients, and provide to the City, quarterly monitoring of Recipients' grant goals. 5. Ensure use of sound fiscal practices and encourage best practices throughout Recipient organizations. 6. Ensure that Recipients maintain their base of operations in the City in order to promote a cultural economy. ART FACILITY FUNDING The City provides an annual pass -through subsidy in the amount of $50,000.00 to be used wholly for the management of the Rose Marine Theater (Artes de la Rosa). PUBLIC ART PROGRAM ADMINISTRATION FUNDING Arts Fort Worth will continue to administer the Fort Worth Public Art Program (FWPA), including management of 35 new and ongoing public art projects previously approved by City Council in funding source -specific plans, from the 2022 Bond Program, 2018 Bond Program, 2014 Bond Program, General Capital Fund, and the Specially Funded Capital Projects Fund for Public Art. Upon City Council's authorization of the annual contract with the Arts Council of Fort Worth & Tarrant County, Inc., D/B/A Arts Fort Worth to manage the Fort Worth Public Art Program for Fiscal Year 2026, the City of Fort Worth Public Art Annual Work Plan for Fiscal Year 2026, as adopted by City Council, will comprise the scope of work for the City's public art program under that contract. In Fiscal Year 2026, the total administrative budget of $505,295.00 is proposed to be offset by approximately $150,000.00 charged to appropriate capital improvement accounts for allowable project management costs. The project management costs attributed to Public Art capital projects will be reimbursed to the General Fund from capital accounts allocated to the projects at the end of the Fiscal Year. ADMINISTRATIVE SCOPE OF WORK FOR THE PUBLIC ART CONTRACT: 1. Fort Worth Art Commission Staff Liaison. 2. Ongoing Implementation of the Fort Worth Public Art Master Plan Update. 3. Public Art Capital project planning, artist selection facilitation, contract compliance, and coordination with City department clients and consultants. 4. Fiscal management of Public Art Capital Budgets in coordination with City staff. 5. Community and local artist engagement programming related to FWPA Projects and the FWPA Collection. 6. Facilitation and oversight of maintenance and conservation budget and contracts for the FWPA Collection. FORT WORTH ART COMMISSION ACTION: The Fort Worth Art Commission (FWAC) endorsed the Draft Fiscal Year 2026 Annual Work Plan on July 21, 2025. On August 18, 2025, the FWAC conducted a public hearing on the endorsed Draft 2026 Annual Work Plan. This action followed a public comment period after residents of Fort Worth were notified of the opportunity to comment via the City website and the Fort Worth Public Art website (www.fwpublicart.org). The Fort Worth Art Commission is expected to formally recommend the Public Art Fiscal Year 2026 Annual Work Plan on September 15, 2025. The FWAC makes recommendations to the City Council for action on each individual project in the work plan prior to commission of artwork and award of contract. apps.cfwnet.org/council_packet/mc review.asp?ID=33769&councildate=9/16/2025 2/3 11/17/25, 1:10 PM M&C Review Funding will be budgeted in the Other Contractual Services account within the General Fund for the Library Department for Fiscal Year 2026. The term of this agreement will begin October 1, 2025, and expire September 30, 2026. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the Fiscal Year 2026 Budget by the City Council, funds will be available in the Fiscal Year 2026 Operating Budget, as appropriated, in the General Fund for the Library to support approval of the recommendations and execution of the contract. Prior to an expenditure being incurred, the Library Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID I I I Year I (Chartfield 2) FROM Fund Department I Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Midori Clark (7707) Additional Information Contact: Jessica Dean (7719) ATTACHMENTS FID Table ArtsFW Contract 2026.xlsx (CFW Internal) Form 1295 Certificate.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc review.asp?ID=33769&councildate=9/16/2025 3/3 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY INC., D/B/A Arts Fort Worth Subject of the Agreement: CSC 63991, Network Access Agreement for access to the City's networks for the purpose of providing oversight and administrative services for the City of Fort Worth's Competitive Grants Program for the Arts and the City of Fort Worth Public Art Program. M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 CSC 63991-NA1 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: 9/30/2026 If applicable. Is a 1295 Form required? * Yes 8 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following _ order: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.