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HomeMy WebLinkAboutContract 40982 CITY SECRETARY 4 CONTRACT NO.. O 1 CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES BETWEEN THE CITY OF FORT WORTH AND THE ARTS COUNCIL OF FORT WORTH& TARRANT COUNTY,INC. This contract ("Contract") is entered into this�day of C ZX.AIA.`> , 2010 (the "Effective Date"),by and between the CITY OF FORT WORTH,a home-rule municipal corporation of the State of Texas("City"),acting by and through Fernando Costa, its duly authorized Assistant City Manager, and the Arts Council of Fort Worth & Tarrant County, Inc. ("Arts Council"), a nonprofit Texas corporation, acting by and through Jody Ulich, its duly authorized President. WHEREAS, City implemented the Fort Worth Public Art Program pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, to create an enhanced visual environment for Fort Worth residents,to commemorate City's rich cultural and ethnic diversity,to integrate the design work of Artists into the development of City's capital infrastructure improvements, and to promote tourism and economic vitality in City through the artistic design of public spaces; WHEREAS,Chapter 2,Section 2-60 of the Fort Worth Code of Ordinances specifies that the day-to-day administration of the Fort Worth Public Art Program shall be provided by an entity selected by the Fort Worth City Council through a contract for services; WHEREAS, the Fort Worth City Council has selected the Arts Council of Fort Worth & Tarrant County,Inc.,to provide the day-to-day administration of the Fort Worth Public Art Program pursuant to Chapter 2, Section 2-60 of the Fort Worth Code of Ordinances; and WHEREAS,City and Arts Council wish to set out the terms and conditions under which said services will be provided. NOW,THEREFORE,City and Arts Council for and in consideration ofthe mutual covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: 1. Scope of Services. Arts Council agrees to provide professional management services to City in the form of oversight and administrative services for the City of Fort Worth Public Art Program,including,but not limited to, provision of certain staff support services to the Fort Worth Art Commission. These 1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX L _...a.-�---_._ services are described in detail in the "City of Fort Worth PUBLIC ART PROGRAM FY 2011 Program Services"proposal submitted by Arts Council to City(the "Program Services"),which is attached hereto as Exhibit "A" and incorporated herein by reference. In the event of a conflict between the terms of this Contract and the terms of any part of the Program Services,this Contract shall control. Arts Council shall submit semiannual expense and program services status reports to City in a format provided to Arts Council by City through the City's Transportation&Public Works Department. 2. Compensation. (a) The amount to be paid to Arts Council for all Program Services performed hereunder shall not exceed Four Hundred Twenty-Two Thousand Eight Hundred Dollars and No Cents ($422,800.00)for Fiscal Year 2010-2011 and shall be paid in one annual installment at the beginning of the fiscal year. (b) Compensation for subsequent years shall be mutually agreed upon based upon the services to be performed and other circumstances related to the performance of professional management services and shall continue to be paid in one annual installment as set forth above. 3. Term. The initial term of this Contract shall commence October 5,2010 and shall terminate no later than September 30,2011. In addition to the initial term of this Contract,there shall be four options to renew for terms of one year each, unless terminated earlier as provided herein. Renewal shall occur upon City including in its budget sufficient funds to pay for its obligations hereunder and Arts Council providing proof of insurance to City. 4. Termination. (a) City may terminate this Contract at any time for cause amounting to a material breach of this Contract by Arts Council by giving written notice to Arts Council of its intent to terminate. Arts Council shall have thirty (30) days after receipt of the notice to cure the default(s) (the "Cure Period"). If the default(s)is not cured during the Cure Period,then this Contract shall terminate. If this contract is terminated by City pursuant to this Section 4(a), Arts Council shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies,assistance,facilities,and materials in connection with the performance of this Contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract. 2of13 If City terminates this Contract under this Section 4(a), City shall pay Arts Council for Program Services actually performed in accordance herewith prior to such termination,less such payments as have been previously made to Arts Council,in accordance with a final statement submitted by Arts Council documenting the performance of such Program Services. Arts Council shall refund to City any and all amounts paid to Arts Council for Program Services not performed or rendered under this Contract. Arts Council may terminate this Contract at any time if any payment due hereunder is not made by City. (b) In the event no funds or insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder("Default Period"),City will notify Arts Council of such occurrence prior to the beginning of the Default Period,and this Contract 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 with respect to the Default Period, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted.City agrees to appropriate and budget, as practicably as possible after the Default Period,amounts sufficient to cover any payments owed but not paid to Arts Council as of the beginning of the Default Period,and to promptly pay these amounts to Arts Council. City has informed Arts Council that, concurrently with approval of this Contract,City will appropriate and budget 100%of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the commencement date of this Contract. (c) The City may cancel this Contract if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Arts Council or any agent or representative to any City official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to performance under this Contract. In the event this Contract is canceled by City,pursuant to this Section 4(c),City shall be entitled, in addition to any other rights and remedies, to recover from Arts Council a sum equal in amount to the cost incurred by Arts Council in providing such gratuities. (d) Upon termination of this Contract for any reason, and subject to paragraphs 20,21, and 22, Arts Council shall provide City with copies of all completed or partially completed documents prepared under this Contract. 5. Indemnification and Release 3of13 (a) INDEMNIFICATION: ARTS COUNCIL COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS REPRESENTATIVES, OFFICERS, SERVANTS, AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS,ACTIONS, DEMANDS, PROCEEDINGS, COSTS (INCLUDING ATTORNEY'S FEES), DAMAGES, LIABILITIES,AND/OR EXPENSES OF ANY KIND,INCLUDING,BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS, INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, PROPERTY DAMAGE, AND/OR PERSONAL INJURY,INCLUDING,BUT NOT LIMITED TO,DEATH,TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OR RESULTING FROM ANY ACTS OR OMISSIONS OF ARTS COUNCIL OR ITS AGENTS, EMPLOYEES, AND/OR SUBCONTRACTORS IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS CONTRACT AND/OR OPERATIONS, ACTIVITIES, AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN. (b) Release—Arts Council agrees to and shall release City,its representatives,agents, employees,officers,and legal representatives from any and all liability for injury,death,damage, or loss to persons or property sustained by Arts Council in connection with or incidental to Arts Council's performance of management services under this Contract. 6. Insurance. (a) Arts Council shall not commence work under this Contract until it has obtained all insurance required under this Contract,and City has approved such insurance,nor shall Arts Council allow any subcontractor who is performing physical work on City property to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by City. Subcontractor insurance requirements shall not pertain to contract employees, selection panelists, artists under proposal or design team agreements, lecturers, workshop leaders, art appraisers, computer/website consultants, design consultants,printers, etc. (b) Workers' Compensation Insurance: Arts Council shall take out and maintain during the life of this Contract statutory Workers' Compensation Insurance for all of its employees 4of13 performing any of the services hereunder,and,in case any work is sublet,Arts Council shall require the subcontractor similarly to provide Workers' Compensation insurance for all of the latter's employees unless such employees are covered by the protection afforded by Art Council's insurance. In case any class of employee who engages in hazardous work under this Contract is not protected under the Workers' Compensation statute,Arts Council shall provide and shall cause subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. (c) Commercial General Liability Insurance. Arts Council shall procure and maintain during the life of this and any renewal Contract a commercial general liability("CGL") insurance policy in an amount not less than One Million Dollars($1,000,000.00)per occurrence with a Two Million Dollar($2,000,000.00)aggregate.The CGL policy shall protect Arts Council,City,and any subcontractor performing work covered by this Contract from and/or against any and all claims, suits,and/or causes of action for any and all types of damage,including,but not limited to,personal injury(including, but not limited to,death and/or bodily injury)and property damage or losses that may arise from the operations,services,and activities of the programs described under this Contract, whether such operations,services,and activities be by Arts Council,City,or by any subcontractor or by anyone directly or indirectly employed by any of them. The City shall be designated as an additional insured on the general liability policy,and the general liability policy shall be primary with respect to any insurance or self-insurance programs maintained by City. (d) Automobile Liability Insurance — Arts Council shall procure automobile liability insurance with the following limits: a One Million Dollar ($1,000,000) combined single limit, or split limits of(1)Two Hundred Fifty Thousand Dollars($250,000.00)bodily injury per person,(2) Five Hundred Thousand Dollar ($500,000.00) bodily injury per accident, and (3) One Hundred Thousand Dollar($100,000.00)property damage. City shall be designated as an additional insured on the automobile liability insurance policy. (e) Errors & Omissions (Professional Liability)—Arts Council shall procure an Errors and Omissions(Professional Liability)policy of insurance with minimum coverage of not less than One Million Dollars ($1,000,000.00)per claim and aggregate. 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. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and 5of13 any renewal term and for five (5) years following completion of the service provided under the contractual agreement and any renewal term. An annual certificate of insurance submitted to the City shall evidence coverage. (f) Proof of Insurance Coverage. Arts Council shall furnish City with a certificate of insurance as proof that it has obtained for the duration of this Contract, and any renewal term,the insurance amounts required herein. Art Council's insurance policies shall provide that the insurer shall give City thirty (30) days' prior written notice before altering, modifying, or terminating the insurance coverage. All policies shall include a Waiver of Subrogation(Rights of Recovery)in favor of the City of Fort Worth. 7. Independent Contractor. Arts Council shall perform all work and services hereunder as an independent contractor and not as an officer, agent, or employee of City. Arts Council shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder. Nothing herein shall be construed as creating a partnership or joint venture between City and Arts Council, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between City and Arts Council. 8. Compliance. Arts Council shall comply with Federal, State,and City statutes,ordinances and regulations applicable to the performance of the Program Services under this Contract. 9. Entire Contract. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. Amendments. No alteration,change,modification or amendment of the terms of this Contract shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Contract. The payment or 6 of 13 acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 12. Captions. Captions and headings used in this Contract are for reference purposes only and shall not be deemed a part of this Contract. 13. Prohibition Against Interest. (a) No member, officer, or employee of City or its designees or agents; no member of the governing body of the locality in which the Program Services are performed; and no other public official of such locality or localities,who exercises any functions or responsibilities with respect to the Program Services hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Arts Council shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program Services. (b) No member, officer, or employee of Arts Council or its subcontractors shall have a financial interest,direct or indirect,in this Contract or be financially interested,directly or indirectly, in the sale to Arts Council of any land, materials, supplies, or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, or member. Any willful violation of this paragraph with the expressed or implied knowledge of Arts Council or its subcontractors shall render this Contract voidable by City. 14. Right to Audit. Arts Council agrees that City shall,until the expiration of three(3)years after final payment under this Contract for each fiscal year,have access to and the right to examine at reasonable times any directly pertinent books,documents,papers,and records of Arts Council involving transactions relating to this Contract. Arts Council agrees that City shall have access during normal working hours to all necessary Arts Council facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Arts Council reasonable advance notice of intended audits. Notwithstanding anything to the contrary herein, this Section 14 shall survive the expiration or earlier termination of this Contract. Arts Council further agrees to include in all its subcontractor agreements hereunder a 7 of 13 provision to the effect that the subcontractor agrees that City shall,until the expiration of three(3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books,documents,papers,and records 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. 15. Prohibition of Assignment. Neither party hereto shall assign, sublet, or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease,or transfer of all or any part hereof without such prior written consent shall be void. 16. Equal Opportunity. (a) Arts Council shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status,transgender,gender identity,or gender expression. Arts Council shall take affirmative action to ensure that employees are treated equally during employment, without regard to their age, disability,race, color,religion, sex, sexual orientation,national origin,familial status,transgender, gender identity,or gender expression. Such action shall include,but not be limited to,the following: Employment,upgrading,demotion,transfer,recruitment or pay or other forms of compensations,and selection for training, including, but not limited to, apprenticeship. Arts Council agrees to post in conspicuous places,available to employees and applications for employment,notices to be provided by City setting forth the provision of this nondiscrimination clause. (b) Arts Council shall,in all solicitation or advertisements for employment placed on or on behalf of Arts Council, state that all qualified applicants shall receive consideration for employment without regard to race,color,religion,sex, sexual orientation,national origin,familial status, transgender, gender identity, or gender expression. (c) Arts Council shall furnish all information and reports requested by City, and shall permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with such rules and regulations. 8 of 13 (d) In the event of Arts Council's noncompliance with the nondiscrimination clauses of this Contract,this Contract may be canceled,terminated,or suspended in whole or in part,and Arts Council may be debarred from further agreements with the City. 17. Choice of Law; Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Contract,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. This Contract shall be construed in accordance with the laws of the State of Texas. 18. Successor and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Contract shall be binding upon and shall inure to the benefit of City and Arts Council and their respective successors and permitted assigns. 19. Rights in Results of Services. The materials and methods used in the provision of the Program Services are proprietary to Arts Council.All rights,including copyrights,in and to such materials and methods shall remain the property of Arts Council. City is granted a limited right of internal reproduction and distribution of materials prepared specifically for City under this Contract. 20. Confidential Information. City acknowledges and agrees that any and all information(in whatever form)relating to the business of Arts Council and acquired by City under this Contract,or otherwise,is and shall remain, to the extent permitted by law,confidential information of Arts Council to the extent that it includes valuable and proprietary trade,business and industry secrets of Arts Council.City agrees to maintain in confidence and(except as otherwise provided in this paragraph)to refrain, directly or indirectly, from copying, using, transferring, disclosing or exploiting in any manner any of such confidential information during the term of this Contract and following termination thereof, for any reason. 21. Public Information Act. Arts Council understands and acknowledges that City is a public entity under the laws of the State of Texas and as such,all documents held by City are subject to disclosure under Chapter 552 of 9of13 the Texas Government Code. Arts Council shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Art Council's Proprietary Information to third parties under the Texas Government Code, or by any other legal process,law,rule,or judicial order by a court of competent jurisdiction,City will notify Arts Council prior to disclosure of such documents, and give Arts Council the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Arts Council's information to those persons within its organization who have a need to know for purposes of management of this Contract. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Art's Council's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Arts Council will be protected from public disclosure if release is required by law.The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Contract. 22. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or exhibits hereto. 23. No Third-Party Beneficiaries. This Contract shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. 24. Severabilitv. The provisions of this Contract are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Contract and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Contract to other persons or circumstances shall not be affected thereby and this Contract shall be construed as if such invalid or unconstitutional portion had never been contained therein. 10 of 13 25. Charitable Immunity. If Arts Council, as a charitable or nonprofit organization, has or claims an immunity or exemption(statutory or otherwise)from and against liability for damages or injury,including,but not limited to, death, to persons or property, Arts Council hereby expressly waives its right to plead defensively such immunity or exemption against City. 26. Misappropriation of Funds. In the event it is determined that Arts Council has misused,misapplied,or misappropriated all or any part of the funds provided hereunder,Arts Council agrees to indemnify,hold harmless,and defend City,its representatives,officers,agents,servants,and employees,from and against any and all claims or suits resulting from such misuse, misapplication, or misappropriation. 27. Authority of Arts Council's Agent. By executing this Contract,Arts Council's agent affirms that he or she is authorized by Arts Council to execute this Contract and that all representations made herein with regard to Arts Council's identity,address, and legal status(corporation,partnership, individual, ect.)are true and correct. 28. Notices. All notices,requests,demands,and other communications that are required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: City Attorney City of Fort Worth Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Arts Council: Jody Ulich President Arts Council of Fort Worth & Tarrant County. Inc. llofl3 1300 Gendy Street Fort Worth, Texas 76107 (817) 298-3022 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 12 of 13 IN WITNESS HEREOF,the parties hereto have executed this Contract on the Effective Date. CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. by: Fernando Costa, Assistant City Manager by: Jodi Ul' h, President APPROVED AS TO FORM: Tyler allach, Assistant City Attorney ATTESTED BY: aa�o00 o O Marty Hendrix, CitA1 ecretary ��v o x °® o <y D®0000000 �y Contract Authorization Date OFFICIAL RECORDI CITY SECRETARY i S T. WORTH, TX 13 of 13 FORT WORTH PUBLIC ART City of Fort Worth Public Art Program FY 2011 Program Services On September 13, 2010, the Fort Worth Art Commission made a formal recommendation of the FY 2011 Fort Worth Public Art Annual Work Plan (attached). PROGRAM ADMINISTRATION Under the proposed Fiscal Year 2011 professional services agreement, the Arts Council of Fort Worth & Tarrant County will continue to administer the Fort Worth Public Art Program, including management of some 56 ongoing and new public art and design enhancement projects with combined budgets totaling over $7.8 million in accordance with the FY 2011 FWPA Annual Work Plan. In addition, the Arts Council will: (1) Support the Fort Worth Art Commission's committee to evaluate FWPA guidelines for artist selection and design review; (2) Implement the Community ID: Public Art in Neighborhoods initiative for the fourth year; (3) Implement a second anti-graffiti mural project in collaboration with community partners; (4) Present public educational events for artists and the community, as well as outreach efforts, including the FWPA website (www.fwpublicart.org) and monthly FWPA Enews; and, (5) Staff the Fort Worth Art Commission. The Administrative Budget for Fiscal Year 2011 ($422,800) includes personnel and general administrative costs, as well as funds to support artist selection processes for new projects, certain collection management operating expenses, and public education and outreach programs. 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V O `j A.O N0 `.,g >o C Q O W s S o m � Z 'o( � `off L c pin c O m u m -Oc cm m otLL ° Em n e � C2 ` �m 7i m C o - a m - m Q o W ~ C� E1W u£ Q o� �aTi : m Cg am Q4 o m o o o c � E o� y �-j m � O CL a un u N ZinN ¢ y W U � o 2 ¢ Zo' Q 5_ act go o,D y i6 y vi J ; ca �+l� aci U Q Q EE n CQ W o > > m o a� a o aE o�- i N = a� ///���w o m a b 16 V Uv7 � � z � C» � xm o ¢ 2 R V CL a� 4 U m Clz a�i a m � VDU a3 U U U U Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoR T111 DATE: 10/19/2010 REFERENCE C-24554 LOG NAME: 20ARTSCONTRACT NO.. CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Authorize a Transfer of$472,000.00 from the Specially Funded Capital Project Fund to the General Fund for Management of the Fort Worth Public Art Program and Maintenance of the Public Art Collection and Adopt Appropriation Ordinance and Authorize the Execution of a Professional Management Services Agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of$422,800.00 for Fiscal Year 2011 Management of the Public Art Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$472,000.00 from the Specially Funded Capital Projects Fund to the General Fund for management of the Fort Worth Public Art Program and maintenance of the public art collection; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the General Fund in the amount of$472,000.00; and 3. Authorize the City Manager to execute a professional management services agreement with the Arts Council of Fort Worth and Tarrant County, Inc., in the amount of$422,800.00 for management of the Fiscal Year 2011 Fort Worth Public Art Program for a period of one year, with the option to renew for four additional one-year terms. DISCUSSION: Under the proposed Fiscal Year 2011 professional services agreement, the Arts Council of Fort Worth and Tarrant County will continue to administer the Fort Worth Public Art Program (FWPA), including management of over 50 ongoing and new public art and design enhancement projects with combined budgets totaling over$7 million in accordance with the Fiscal Year 2011 Fort Worth Public Art Annual Work Plan. In addition, the Arts Council will: (1) Support the Fort Worth Art Commission's committee to evaluate FWPA guidelines for artist selection and design review; (2) Implement the Community ID: Public Art in Neighborhoods initiative for the fourth year; (3) Implement a second anti-graffiti mural project in collaboration with community partners; (4) Present public educational events for artists and the community, as well as outreach efforts, including the FWPA website (www.fwpublicart.org) and monthly FWPA Enews; and, (5) Staff the Fort Worth Art Commission. The Administrative Budget for Fiscal Year 2011 ($422,800.00) includes personnel and general administrative costs, as well as funds to support artist selection processes for new projects, certain collection management operating expenses, and public education and outreach programs. The Maintenance Budget for Fiscal Year 2011 ($49,200.00) will be used to maintain artwork in the collection, including cleaning and routine maintenance of up to 34 artworks in the Fort Worth Public Art Collection. [Note: This budget is held by the City of Fort Worth and accessed via contracts with conservators and other professionals, as needed.] The Fort Worth Art Commission endorsed a draft Fiscal Year 2011 Annual Work Plan for purposes of public comment on July 12, 2010, which was widely publicized through various print and electronic media, including the City Page and City of Fort Worth and Fort Worth Public Art web sites, as well as the Fort Worth Public Art Enews. The Fort Worth Art Commission held public hearings on August 9, 2010 and September 13, 2010. The Fiscal Year 2011 Work Plan was formally recommended on September 13, 2010. httn://www.fortworthgov.org/council nacket/me review.asn?1D=I4250&cnunciMate 10/19/2010 10/190010 Page 2 of 2 n On September 28, 2010, (M&C G-17062) the City Council authorized the transfer of$943,848.00 from the Fiscal Year 2009-2010 Water and Sewer Cash-Funded Capital Projects Fund to the Specially Funded Capital Projects Fund for the Fort Worth Public Art Program in accordance with City Council policy established in Chapter 2, Article III, Division 2 of the City Code. As set forth in the Long Range Public Art Plan for the Water Fund (approved by Council on May 9, 2006, (M&C G-15185) these funds are used for the administration of the public art program ($422,800.00) and annual maintenance of the public art collection ($49,200.00), specific public art projects and initiatives outlined in the Fort Worth Public Art Fiscal Year 2010-2011 Annual Work Plan, including two new Community ID: Public Art in Neighborhoods projects, a second Anti-Graffiti Mural Project, as well as a commemorative project at Lake Como Park and a public art plan for Water Department facilities throughout the city ($371,848.00) and a set aside for the Public Art Conservation Fund $100,000.00). FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated. TO Fund/Account/Centers FROM Fund/Account/Centers 2) GG01 539120 0901600 $472,000.00 3) GG01 539120 0901600 $472,000.00 1&2) GG01 472291 0901600 $472,000.00 1) C291 538070 201989990500 $472,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: William Verkest (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS 20ARTSCONTRAC AO.doc http://www.fortworth2ov.ory/council Dacket/mc review.aso?ID=14250&counciI date=10/19/2010 10/19/2010