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HomeMy WebLinkAboutContract 47245 A(��� � . r5 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 I I day of November, 2015 (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 Karen Wiley, 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 of the mutual covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: I. 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 Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 14614931v.1 rC�iuP(v n 71 v rz services are described in detail in the "City of Fort Worth PUBLIC ART PROGRAM FY 2016 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 mid-fiscal year and end of fiscal year program services status reports to City. 2. Compensation. (a) The amount to be paid to Arts Council for all Program Services performed hereunder shall not exceed FIVE HUNDRED ELEVEN THOUSAND SIX HUNDRED SEVEN DOLLARS AND NO CENTS ($511,607.00) for Fiscal Year 2015-2016 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. (c) In the event that City Council authorization of this contract or any subsequent renewal occurs after October 1st and no termination notice has been received,Arts Council may invoice City at the beginning of each quarter for an amount equal to one-fourth of the annual payment. Once the contract is authorized, Arts Council may invoice City for the balance. 3. Term. The initial term of this Contract shall commence October 1,2015,and shall terminate no later than September 30,2016. 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 Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 2of13 14614931v.1 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 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 one hundred percent(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, Arts Council shall provide City Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 3of13 14614931v.1 with copies of all completed or partially completed documents prepared under this Contract. 5. Indemnification and Release. (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 HIND,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 HIND 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. Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 4of13 14614931v.1 (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 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. Contract for Professional Management Services Between CFW and Arts Council of FW&Tan-ant Co.,Inc. 5of13 14614931v.1 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 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. It is expressly understood and agreed that Arts Council shall operate as an independent contractor as to all rights and privileges granted herein,and not as agent,representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Contract, Arts Council shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers,agents,servants,employees,contractors and subcontractors. Arts Council acknowledges that the doctrine of respondeat superior shall not apply as between the City,its officers,agents,servants and employees,and Arts Council,its officers, agents,employees,servants,contractors and subcontractors. Arts Council further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Arts Council. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Arts Council or any officers, agents, servants, employees or subcontractors of Arts Council. Neither Arts Council, nor any officers, agents, servants, employees or subcontractors of Arts Council shall be entitled to any employment benefits from the City. Arts Council shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 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. Contract for Professional Management Services Behveen CFW and Arts Council of FW&Tarrant Co.,Inc. 6of13 14614931x.1 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 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 Contract for Professional Management Services Between CFW and Ails Council of FW&Tarrant Co.,Inc. 7of13 14614931v.1 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 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. 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 Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 8of13 14614931x.1 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. (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. 16. Choice of Law; Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of anyprovision 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. 17. Successor and Assigns. 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. This Contract shall be binding upon and shall inure to the benefit of City and Arts Council and their respective successors and permitted assigns. 18. 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. 19. Confidential Information. The City acknowledges that Arts Council may use products, materials, or methodologies proprietary to Arts Council. The City agrees that Arts Council's provision of services under this Contract shall not be grounds for the City to have or obtain any rights in such proprietary products, Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 9of13 14614931x.1 materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. To the extent allowed under Texas law, City agrees to maintain in confidence such products,materials,or methodologies marked"CONFIDENTIAL"by Arts Council,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. 20. 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 subj ect to disclosure under Chapter 552 of 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. 21. 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. Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 10 of 13 14614931 v.l 22. 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. 23. Severability. 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. 24. 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. 25. Governmental Powers. It is understood and agreed that by execution of this Contract, the City does not waive or surrender any of its governmental powers. 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. SilInature Authority. The person signing this Contract hereby warrants that he/she has the legal authority to execute this Contract 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. Each party is fully Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 11 of 13 14614931v.1 entitled to rely on these warranties and representations in entering into this Contract or any amendment hereto. 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: Karen Wiley President Arts Council of Fort Worth&Tarrant County, Inc. 1300 Gendy Street Fort Worth, Texas 76107 Executed this the /J& day of Awemkr 20 I . CITY OF FORT WORTH ARTS COUNCIL OF FORT WORTH AND TARRANT COUNTY, INC. Lo by: Fernando Costa, Assistant City Manager by: Karen Wiley, President t' Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 12 of 13 14614931x.1 APPROVED AS TO FORM: Jessica Sang ng, Assist Ant C ty A torney II TESTED BY. �Vla ry K .,. a s i S�or to Q Contract Authorization• . M&C: C-27515 Date: October 27, 2015 t, Contract for Professional Management Services Between CFW and Arts Council of FW&Tarrant Co.,Inc. 13 of 13 14614931v.1 EXHIBIT A City of Fort Worth Public Art Program FY 2016 Program Services Summary On September 14,2015,the Fort Worth Art Commission formally recommended the FY2016 Fort Worth Public Art Annual Work Plan to City Council for adoption. The detailed work plan is attached. PROGRAM ADMINISTRATION Under the proposed Fiscal Year 2016 Professional Services Agreement, the Arts Council of Fort Worth and Tarrant County, Inc. will continue to administer the Fort Worth Public Art Program (FWPA), including management of some 66 ongoing and new public art projects from various funding sources, including the 2004 Bond Program, 2007 Critical Capital Needs Program, 2008 Bond Program, 2014 Bond Program, the Public Art Fund, and various other funds with combined budgets totaling over$11.5 million in accordance with the Fiscal Year 2016 Fort Worth Public Art Annual Work Plan. In addition,the Arts Council will also: • Staff the Fort Worth Art Commission • Oversee maintenance and conservation projects on various artworks in the FWPA Collection • Work with a qualified consultant to update the Fort Worth Public Art Master Plan • Facilitate cultural events • Community engagement activities, such as community presentations on individual project, artwork dedications, exhibitions, tours, lectures, and creation of an interactive map on the FWPA website • Provide technical assistance for public art projects commissioned for the new Will Rogers Memorial Center Arena and Parking Garage • Conduct an artist selection process for the Fort Worth Transportation Authority for the four Tex Rail Stations to be located within the Fort Worth city limits The Administrative Budget for Fiscal Year 2016 ($511,607.00) includes personnel and general administrative costs, as well as funds to support artist selection processes for new projects, certain collection management operating expenses and community engagement programs. 0 O z; y N 0 y t, z v5 v z z o � F vi Z p Z O Q J j y� 5 W g W Z LUa z N d a 6. 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C d w Y O.- 0 0 m ° E m m O U W ca W V, �¢ tn5 to UE N no S m« SZ Ga v� v O CJ , 11/10/205 M&Cnovim, Off da|site,w the oLym*m Worth,ams CITY����� ������U��CIN ��GENDA COUNCIL ACTION: Approved As Amended on10/27/2015 - Ordinance No. 21952'10~2015 REFERENCE U8K�ANA[�EK4ENT {lF THE 2O1G U���'K�' 1O/2�/201� ��_2�515 ���k� y���N1E- ' /w��.: ' PUBLIC ART PROGRAM CODE: C TYPE: NON- PUBLIC NO C[)NSENTHEARyNG: SUBJECT: Authorize a Transfer from the Specially Funded Capital Projects Fund to the General Fund in the Amount of$511,607.00 for Management of the Fort Worth Public Art Program and Authorize Execution of Professional Management Services Agreement with the Arts Council Of Fort VVOr1h and Tarrant COUOtv. Inc., in the Amount of$511,607.00 for Fiscal Year 2016 Management of the Public Art PFOgrGnn and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is FeCOnnrneDdHd that the City Council: 1. Authorize the transfer from the Specially Funded Capital Projects Fund to the General Fund in the amount of$511.807.00 for management of the Fort Worth Public Art Program; 2. Adopt the attached supplemental appropriation ordinance /DCreoeiOQ the estimated receipts and appropriations iD the General Fund iO the amount 0f$511,607.00; and 3. Authorize 8 P[OfaSSiODG| Management Services Agreement with the Arts Council of Fort Worth and Tarrant COuOh/' Inc., in the @[DoUDt of$511,607.00 for 08OGQarD8O1 of the FiSo8| Year 2018 Fort VVn[th Public Art F'[Ogr@0 for a period of one year, with the option to renew for four additional one-year terms. DISCUSSION: Under the proposed FiSn8| Year 2016 P[of8GGioO8| Services /\uneeDnant. the Arts Council Of Fort VVO[th and T8[[8Ot County, Inc. will COOtiOUe t0 administer the Fort VV0[th Public Art P[Og[@Dl (FVVP/\)' including 0nGD@g8[n8Ot Of Up to 65 ongoing and new public G[f and design 8OhaDneOlHDt projects from VG[iOUa funding SOUroeS' including the 2004 Bond P[Og[@nU' 2007 C[iUCG| Capital Needs Program, 2008 Bond Program, the 2014 Bond Program, the Public Art Fund and various other funds with combined budgets totaling over $11.5 million in accordance with the Fi8Co| Year 2016 Fort Worth Public Art Annual Work Plan. ADMINISTRATION SCOPE OF VVC)RPC 1. Staff the Fort Worth Art Commission; 2. Manage ongoing and new public art projects as described in the Annual Work Plan; 3. Oversee DlGinfanaOCn and conservation projects on various artworks in the collection; 4. Work with a qualified consultant to recommend updates to the FVVP/\ Master Plan; 5. Facilitate cultural events; . 6. Community engagement activities such BS' community presentations OD individual projects, artwork dedications, exhibitions, [oU[S, |G{tU[eG, artist workshops, lectures and C[eGUOn of an � interactive map DDvvebSitH; 7. Provide technical 8SSiGi8nce for public art projects co[DnninSinDed for the new Will Rogers Memorial Center Arena and Parking Garage; and 8. Conduct an artist selection process for the Fort Worth Transportation Authority for the four Tex Rail Stations to be located within the Fort Worth city limits. n|o:XHArnmoosNnp/ma,tha'oY6moprojnovs/pvVPA�,o0Aom|N/FYY6uOco16/oity%uonuntrau/Mao%cOc'27515%o0(FY%znoo16%o0m0mt%20ContracV%u... 1/2 11/10/2015 M&C Review The Fort Worth Art Commission approved the Fiscal Year 2016 Annual Work Plan on September 14, 2014, following public hearings on July 13, 2015, August 10, 2015 and September 14, 2015, that were widely publicized via media releases, flyers, the City of Fort Worth website, the Fort Worth Public Art website (www.fwpublicart.org), the Facebook page and Enews. In addition, public comment was solicited on MySidewalk.com regarding the Draft Fiscal Year 2016 Annual Work Plan. The Fort Worth Art Commission's work plan was presented to City Council on October 20, 2015. The Annual Work Plan serves as a guide for implementation of items contained in the City's Public Art Master Plan. The Art Commission makes recommendations on each individual project in the work plan to the City Council for action. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental ordinance, funds will be available in the current operating budget, as appropriated of the General Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount _ID _ ID Year (Chartfield 2 1_&2�_ 10100.. .- 0901600__.._.__. 4939007 _. .. ..._ �2016. .� .. $511,607.0 2 10100 0901600 _5330201 2016 $511,607.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) �� 39007 02004311 _4956001 U N S PAE U N 980 2016 $511,607._00 3 10100 0901600 5330201 __._.._... __ __- 2016_.._. $511,607.00 Submitted for City Manager's Office by- Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Jullianna Barron (8318) ATTACHMENTS 06MANAGEMENT OF THE 2016 PUBLIC ART PROGRAM 10100 A016 REC2.docx EXH iF B A�FY� 4 B6 Annual IfV�arY Plan Sure rruary) Revised 9-25-1 5,gdE FY 2016 AWP Recommended 9-14-15' Revised 9-21-15 . df file:///H:/from Desktop/Martha's%20Projects/F W PA%2OAD M IN/FY%202016/C ity%20Contract/M&C%20C-27515%20(FY%202016%20M gmt%20Contract)%2... 222