HomeMy WebLinkAboutContract 30919 CITY SECRETARY .
CONTRACT NO.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT,
DENTON AND WISE §
CONTRACT FOR PROFESSIONAL MANAGEMENT SERVICES
This contract is made by the City of Fort Worth, Texas, a municipal corporation
situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", and the
Arts Council of Fort Worth &Tarrant County("Arts Council") a nonprofit Texas corporation,
acting by and through Flora Maria Garcia, its duly authorized President, and
WITNESSETH:
1. Scope of Services.
Arts Council agrees to provide professional management services to the City of
Fort Worth in the form of oversight and administrative services for the City of Fort Worth
Public Art Program, including provision of certain staff support services to the Fort Worth
Art Commission. These services are described in detail in Exhibit "A," the "City of Fort
Worth PUBLIC ART PROGRAM FY 2005 Program Services" proposal submitted by Arts
Council to City. The same is attached hereafter and incorporated herein for all purposes
by reference. In the event of a conflict between the terms of this Contract and the terms of
any part of Exhibit "A," this Contract shall control.
2. Compensation.
The amount to be paid to Arts Council for all services performed hereunder shall not
exceed two hundred forty-eight thousand five hundred thirty-eight dollars ($248,538) for
Fiscal Year 2004-2005.
3. Term.
The term of this Contract shall commence October 1St, 2004 and shawl terminate no-
later than the 30th day of September 2005, unless terminated earlier as provided herein.
4. Termination.
a. City may terminate this Contract at any time for cause amounting to a
material breach of this Contract by Consultant, by notice in writing to Arts
Council. Upon receipt of such notice, 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.
If the City terminates this Contract under this Section 4.a., the City shall pay
Arts Council for services actually performed in accordance herewith prior to
such termination, less such payments as have been previously made to
consultant, in accordance with a final statement submitted by Arts Council
documenting the performance of such work. Arts Council may terminate this
Contract at any time if any payment due hereunder is not made by the 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 Consultant. 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. Upon termination of this Contract for any reason, and subject to paragrapbs
13 and 14, Arts Council shall provide the City with copies of all completed or
partially cornpleted documents prepared under this Contract.
5. Insurance.
a. Arts Council shall not commence work under this Contract until it has
obtained all insurance required under this section and the City has approved
such insurance, nor shall Arts Council allow any subcontractor to commence
work on its subcontract until all similar insurance of the subcontractor has
been so obtained and approval given by the City.
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 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 Contract'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. Public Liability and Property Damage Insurance. Arts Council shall take out
and maintain during the life of this Contract such public liability and property
damage insurance as shall protect Arts Council and any subcontractor
performing work covered by this Contract from claims for personal injuries,
including death, as well as from claims for property damages or losses which
may arise from operation under this contract, whether such operations be by
Arts Councilor by any subcontractor or by anyone directly or indirectly
employed by either of them. The amount of such insurance shall be as
follows:
(1) Public Liability Insurance. In an amount no less than Two Hundred
Fifty Thousand Dollars ($250,000) for injuries, including accidental
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death, to any one person; and subject to the same limit for each
person, in an amount not less than Five Hundred Thousand Dollars
($500,000) on account of one accident;
(2) Property Damage Insurance. In an amount not less than Five
Hundred Thousand Dollars ($500,000);
(3) Umbrella Policy. In an amount not less than One Million Dollars
($1,000,000).
d. Proof of Insurance Coverage. Contractor shall furnish the City with a
certificate of insurance as proof that it has obtained for the duration of this
Contract the insurance amounts required herein. Consultant's insurance
policy shall provide that the insurer shall give the City thirty (30) days' prior
written notice before altering, modifying or terminating the insurance
coverage.
6. Independent Contractor.
Arts Council shall perform all work and services hereunder as an independent
contractor and not as an officer, agent or employee of the 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 the City and the Consultant, its officers, agents, employees and subcontractors;
and the doctrine of respondeat superior shall have no application as between the City and
the Consultant.
7. Disclosure of Conflicts.
Arts Council warrants to the City of Fort Worth that it has made full disclosure in
writing of any existing or potential conflicts of interest related to the services to be
performed hereunder. Arts Council further warrants that it will make prompt disclosure in
writing of any conflicts of interest that develop subsequent to the signing of this Contract.
8. Right to Audit.
Arts Council agrees that the City shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine-at-reasonable
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times any directly pertinent books, documents, papers and records of the Arts Council
involving transactions relating to this Contract. Arts Council agrees that the 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. The City shall give Arts Council reasonable advance
notice of intended audits.
Arts Council further agrees to include in all its subcontractor agreements hereunder
a provision to the effect that the subcontractor agrees that the 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.
9. 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.
10. Non-discrimination.
As a condition of this Contract, Arts Council covenants that it will take all
necessary actions to insure that, in connection with any work under this Contract,
Contractors, its associates and subcontractors, will not discriminate in 'the treatment or
employment of any individual or groups of individuals on the grounds of race, color,
religion, national origin, age, sex or physical handicap unrelated to job performance,
either directly, indirectly or through contractual or other arrangements.
11. Choice of Law; Venue.
a. This Contract shall be construed in accordance with the internal law of the
State of Texas.
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b. Should any action, whether real or asserted, at law or in equity, arise out of
the terms of this contract, venue for said action shall be in Tarrant County,
Texas.
12. Rights in Results of Services.
The materials and methods used in the provision of Arts Council's 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.
13. 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 paragraph 13) to refrain, directly or indirectly, from copying, using,
transferring, disclosing or exploiting in any mariner any of such confidential information
during the term of this Contract and following termination thereof, for any reason.
14. Construction
The parties acknowledge that each party and its counsel have reviewed and revised
this Agreement 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 Agreement or exhibits hereto.
15. No Third-Party Beneficiaries
This Agreement 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 Agreement. Each party hereto shall be solely responsible for the
fulfillment of its own contracts or commitments.
16. Severability.
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
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fix ..•;;r jl� Y_.: �
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 Agreement and
the application of such word, phrase, clause, sentence, paragraph, section, or other
part of this Agreement to other persons or circumstances shall not be affected thereby
and this Agreement shall be construed as if such invalid or unconstitutional portion had
never been contained therein.
17. Notices.
All written notices called for or required by this Agreement shall be addressed to
the following, or such other party or address as either party designates in writing, by
certified mail, postage prepaid, or by hand delivery:
Libby Watson Flora Maria Garcia
Assistant City Manager President
City of Fort Worth Arts Council of Fort Worth
1000 Throckmorton 1300 Gendy Street
Fort Worth, Texas 76132 Fort Worth, Texas 76107
(817) 392-6183 (817) 732-2360 ext. 22
[Signature page follows]
EXECUTED on this ! I day of (, 2004.
C- ao
Contract authorization
16� c5
Date
ATTEST: CIT FfORT R H
City Secretary Libby Watson
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
David L. Yett
City Attorney
bV-
by('�a�A ,l
Assistant City Attorney
ARTS COUNCIL OF FORT WORTH AND
TARRANT COUNTY
Y.
Flora Maria Garcia
President
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City of Fort Worth
PUBLIC ART PROGRAM
FY 2005 Program Services
Under the third year contract, the Arts Council of Fort Worth & Tarrant County (the "Arts
Council") will continue to provide administration of the Public Art Program in accordance
with the Fort Worth Public Art Master Plan as adopted by City Council on September 30,
2003, including initiation of numerous public art and design enhancement projects in
accordance with the city's CIP Implementation Plan and the Long Range Public Art Plan
for the 2004 CIP as approved by City Council.
In addition, the Arts Council will work with city officials, the community and the Fort
Worth Art Commission to develop a Long Range Public Art Plan for the Water Fund.
Upon its approval, it is anticipated that several public art and design enhancement
projects may be undertaken in FY 2005 from this funding source.
Program services are based upon the implementation milestones suggested in Fort
Worth Public Art Master Plan, as well as a continuation of ongoing initiatives, such as
the presentation of educational programming and artist training workshops, as well as
further enhancements to the program's website.
In order to effectively manage the increased project workload and to insure a high level
of community involvement with each project, an experienced public art project manager
shall be added to the staff.
Professional conservation treatment of Save the Future—a bronze sculpture at the Fire
Department headquarters will be completed, as recommended in the Condition
Assessment Report of the City of Fort Worth's outdoor sculpture collection completed by
conservator John R. Dennis in FY 2004.
ti
EXHIBIT'A"
Project Management / Partnerships
• Manage public art projects, including project planning and budget
development, conducting and facilitating artist selection processes or design
workshops, develop and monitor artists' contracts, facilitate installation, act
as liaison with city departments, the community and stakeholders, make
presentations to City Council and other boards and commissions, as
appropriate for:
o Ongoing Projects:
■ Fort Worth Convention Center
■ Vaquero sculpture for North Main Street
■ Fire Station #8
• Parks Design Enhancement Project
o New Projects in the Long Range Public Art Plan for the 2004 CIP
which the city is initiating in FY 2005, such as:
■ East 1s' Street
• Camp Bowie Blvd.
■ North Tarrant Parkway
■ West Rosedale
■ Southwest Parkway
• Northwest Fire Station
■ Rolling Hills Radio Tower
and others
o New Projects in the Long Range Plan for the Water Fund, to be
determined.
• Develop projects in partnership with other governmental entities, such as
TxDOT, NTTA, Tarrant Regional Water District, Tarrant County and the
Transit Authority, as appropriate.
• Develop projects in partnership with private and not-for-profit development
corporations in Fort Worth, as appropriate.
• Provide technical assistance with the installation of artworks donated to the
City of Fort Worth.
• Coordinate public meetings and meetings with city staff and Council for
relevant projects.
EXHIBIT A"
Public Education / Outreach
• Develop and launch the Fort Worth Public Art Program Website, Phase II, to
include detailed programmatic and project-specific information for the
community and features for artists seeking to participate in the program.
• Present Public Education Programs/Events at the Fort Worth Community Art
Center:
• Public Lectures on relevant public art topics
o Hat Collection Event for Donald Lipski's Texas Star
• Artist Training Workshop(s), with topics which may include:
o Mural-Making
• Practical skills for collaborative projects
Collection Management
• Complete appraisal of the City's public art collection.
• Complete conservation treatment of Save the Future, in urgent need of care.
• Sponsor one Bronze Sculpture Maintenance Workshop conducted by a
professional conservator for city employees and volunteers as training for
ongoing maintenance of works in the city's collection.
Program Administration
• Work with the Fort Worth Art Commission to develop a draft Long Range Public Art
Plan for the Water Fund with input from city staff, the community and City Council,
which shall include a process and criteria for project selection.
• Hire an experienced public art project manager.
• Maintain a Public Art Collection database and archives for each artwork in
the city's collection.
• Maintain the Artist Registry, mailing lists and databases.
• Maintain an image library of public art for use in public presentations and
educational programming.
• Provide ongoing staff support of Fort Worth Art Commission, including
monthly meetings (drafting agendas, preparing backup and minutes), as well
as special meetings and annual retreat.
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EXHIBIT"A"
Fort Worth Public Art FY 2005
Administrative Budget
FY 2005
Salaries _
15%of President l _ $15,000
Public Art Director $68,900
Public Art Project Manager $50,000
Public Art Assistant $26,000
Direct employee overhead cost $36,850
Subtotal $196,750
_Administrative Expenses
25% Bookeeper $3,000
Relocation Allowance(PM) _ $5,000
Computer Equipment& Software (PM) $1,000
Access_Training (PA) _ $300
Public Art Conference x 3 $3,000
Materials, supplies, postage, copying _ $4,000
Mileage (500 mi @ $0.375) $188
Telephone (long distance) ___$200
Public Art_Network Membership $100
Library_ $100
Subtotal $16,888
Artist Selection Processes _
National (2 ff$4,000 each) $81000
State/Local_ _(8_@_ $800 each_) $6,400
Subtotal $14,400
Collection Management _
Conservation Treatment: _
Save the Future (Texas Ave.) $6,500
Appraisals $1,500
Subtotal $8,000
Education_and Outreach
Website Development(Phase II) $2,500
FWPA Brochures $5,000
Public Art Lecture Series $2,500
Mural Workshop (Spring 2005) _ $2,500
Subtotal $12,500
GRAND TOTAL $248,538
EXHIBIT A"
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2004 - Ordinance No. 16142
DATE: Tuesday, September 28, 2004
LOG NAME: 02PUBLICARTPROG REFERENCE NO.: **C-20296
SUBJECT:
Appropriation Ordinance and Professional Services Agreement with the Arts Council of Fort Worth
and Tarrant County for Management of the Fort Worth Public Art Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of$574,443 from the Water and Sewer Operating Fund for FY2003-04 to
the Specially Funded Capital Projects Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Specially Funded Capital Projects Fund in the amount of$574,443 from available funds; and
3. Authorize the City Manager to execute a professional services contract in the amount of$248,538
with the Arts Council of Fort Worth and Tarrant County for a period of one year for management of
the City's Public Art Program.
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 Fort Worth Public Art Program is to create an enhanced
visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to
integrate the design work of artists into the development of the City's capital infrastructure improvements
and to promote tourism and economic vitality in the City through the artistic design of public
spaces. Specific art projects will be funded via a set-aside of General Obligation Bond and Water and
Sewer Operating Fund capital improvement funds.
Since August 2002, the City has contracted annually with the Arts Council of Fort Worth and Tarrant County
for management of the Fort Worth Public Art Program. The second year contract with the Arts Council, in
conjunction with oversight by the Fort Worth Art Commission, provided comprehensive management of the
Fort Worth Public Art Program, including:
1) Project management for the Fort Worth Convention Center and Vaquero sculpture art projects; and
2) Artist selection for participation in the Hyde Park Transit Plaza /9th Street Improvement Project
Study Session and Evans & Rosedale Business & Cultural District Community Workshop; and
3) Development of a draft Long Range Public Art Plan for the 2004 Capital Improvement Program
(CIP) and FY2004-05 Work Plan; and
4) Public educational programming and artist training workshops at the Fort Worth Community Arts
Center; and
Logname: 02PUBLICARTPROG Page ] of 2
5) Initiation of the Fort Worth Public Art Website; and
6) A city-wide survey of public art, completed condition assessments and a conservation plan for
the city's public art collection; and
7) Staff support to the Fort Worth Art Commission.
Under the proposed third year contract, the Arts Council will continue to provide administration of the Fort
Worth Public Art Program, including the initiation of public art and design enhancement projects in
accordance with the City's 2004 CIP Implementation Schedule and Long Range Public Art Plan. The draft
Long Range Public Art Plan for funds from the 2004 CIP is currently under consideration and subject to
Council approval. In addition, the Arts Council will work with City officials, the community and the Fort
Worth Art Commission to develop a Long Range Public Art Plan for public art funds provided from water
and sewer capital projects. The Arts Council will continue to present public educational programming and
artist training workshops, as well as further enhance the program's Website.
The budget for the third year contract includes: 1) the addition of an experienced Public Art Project Manager
position to assist with the increased project workload resulting from implementation of the 2004 CIP; 2)
funds to support 10 artist selection processes; and 3) professional conservation treatment of Save the
Future — a bronze sculpture at the Fire Department headquarters. The budget for the third year contract, at
$248,538, represents an increase of$111,416 from last year's contract amount of$137,122.
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)GC35 472045 002002001000 $574,443.00 1) PE45 538070 0709020 $574,443.00
2)GC35 539120 002002001000 $574,443.00 3) GC35 539120 002002001000 $248,538.00
Submitted for City Manager's Office by: Libby Watson (871-6183)
Originating Department Head: Bridgette Garrett (392-8518)
Additional Information Contact: Sandy Oliver (392-7371)
Logname: 02PUBLICARTPROG Page 2 of 2