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2015-090ORDINANCE NO. 2015-�9� AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE DEVELOPMENT OF A CITY OF DENTON PUBLIC ART MASTER PLAN WHICH IS AVAILABLE FROM A LOCAL EXPERT SOURCE, WHICH STAFF HAS RECOMMENDED AS THE BEST VALUE PROCUREMENT AND IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 252.022 (4), SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5795-AWARDED TO MARGARET CHALFANT IN AN AMOUNT NOT TO EXCEED $80,000). WHEREAS, Section 252.022 (4) of the Local Government Code provides that personal, professional and planning services are exempt from the competitive bid process; the personal services provider (the "Provider) mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed Public Art Master Plan services; and WHEREAS, the City Council wishes to procure the services mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into a professional service contract with Margaret Chalfant, to provide consulting services for the development of a City of Denton Public Art Master plan, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Council hereby iinds that this contract, and the award thereof, constitutes a procurement of services that are available from a local expert source and need not be submitted to competitive bids. SECTION 3. The City Manager is authorized to expend funds as required by the attached contract. SECTIONwww4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton uncler File 5795 to the City Manager of the City of Denton, Texas, or his designee. SEC,TION 5. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 6. This ordinance shall become effective immediately upon its passage and approval, .._............�. PASSED AND APPROVED this the n m__ day of �"°��,� , 2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY :` "GV"iA1:� AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � ,.µ �� . . � � � �" � �� . e �� . � BY, „��, � � � � . �� ..��:. ,�.~_� � �—..�.., ... � . �,,..� �� ,,,,,,, ��, , ,,,,, ��i �� ;,,,; `i / ii ,; / ;;;;; � „, /%//// �� ; / ; , ;, � % ,;,,,,, � � . ,� Cit of Denton Y Contract # 5795 Public Art Master Plan � .� � ' .: � �::: � � � ,,, ;� , � ,,. �, . �� _ �� ♦...� .... COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the 7TH da o�f A_pril, 2015, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal ofiice at 215 East McKinney Street, Dentan, Denton County, Texas 76201, hereinafter called 660WNER99 and Margaret Ed�e Chalfant, with an office at 2200 Shenandaah Trail, Denton, Texas 75210 hereinafter called 66CONSULTANTy99 acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ,. � � �; � The OWNER hereby contracts with the CONSULTANT, as an independent contractor. The CONSULTANT hereby agrees to perform the services as described herein, with diligence and in accordance with the highest professional standards custamarily obtained for such services in the State afTexas. The Project shall include, without limitation, the creation of a philasophical and pracedural Public Art Master Plan for the City of Denton. The project shall be completed in six (6) phases, and are within Article II — Scope of Services. ,. � . � � � . The CONSULTANT shall pravide the follawing services in a professional manner. The CONSULTANT understands that the goal of this project is to provide professional assistance in developing a Public Art Master Plan document. The detailed scope of wark and deliverables are defined below as Phases: � Create a philosaphical and procedural Public Art Master Plan that will incarparate the unique cultural, historical and geographical characteristics of the City. Review/ access current Public Art Policy for City of Dentan. Analyze Public Art Projects: completed, current, future. Study City owned sites that would be appropriate for Public Art with current locations of Public Art � noted. Review criteria for purchase and/or commission of artworks. Review maintenance guide, gifts and loan policy, and restoration and conservation guides. Begin rneeting with Public Art Committee Phase 2 Prepare and conduct a comrnunity assessment study. Interview elected officials, public executives, business leaders, arts advocates, community activists and other stake holders to develop a set of parameters confirming the scope of work to guide the subsequent master planning. Continue rneeting with Public Art Committee. Set goals, strategies and budget parameters. Phase 3 Prepare for and facilitate a public forum. Use Survey Monkey or like program for the public to use for input. Survey Stakeholders (noted above). Assernble and analyze assessment study data. Identify community issues. Use current information gathered by the 2014 Bond Committee and Denton 2030 Plan. Phase 4 Create a clearly defined vision statement. Develop short and long-terrn goals for master plan. Document and prioritize art opportunity locations based on site challenges, appropriate scale for piece(s), ideal materials, focal point positionir�g, etc. Develop thematic directions, if appropriate. Review criteria for purchase and/or commission of artworks within the project. Phase 5 Help create coalitions and the building of public /private partnerships for Public Art collaborations. Review and analyze city capital budget to identify projects that are potentially eligible for public art allocations under terrns of the ordinance. Develop short- and long-term strategic plan and action strategies. Phase 6 Presentation of Master Plan with 20 copies provided to the City of Denton. Information or pocuments Provided By OWNER The OWNER shall provide the CONSULTANT with assistance in obtain any City of Denton documentation that may not be publically available. CONSULTANT shall be entitled to rely on the completeness and accuracy of all information provided by the OWNER. 3 ,. . 1 1 1� ' Additional services to be perfarmed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as follows: A. During the caurse af the Project, as requested by OWNER, the CONSULTANT will be available to accampany OWNER's personnel when meeting with regulatory agencies, if required. The CONSULTANT will assist OWNER's personnel on an as-needed basis. B. Assisting OWNER in the defense or prosecution af litigation in connection with or in addition to those services cantemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties autside of and in additian ta this Agreement. C. Preparing applications and supporting dacuments far government grants, loans, ar planning advances and providing data far detailed applications. D. Appearing before regulatary agencies or courts as an expert witness in any litigatian with third parties. H. Preparation far and attendance at additianal public meetings not specifically identiiied in the Scope af Services. I, Fumish additianal copies of dacuments in excess af the number of the same identified in the Scope af Services. .• I' ' � 1 1 ' This Agreement shall became effective upan execution of this Agreement by the OWNER and the CONSULTANT and upan issue af a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the campletion of the Project, including Additianal Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accardance with the provisions hereof. Tlri1e 15 Of tYle BSSeriCB lri tI11S Agl°0�rilerit. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as passible and to meet the schedule established by the OWNER, acting through its City Manager or his designee. � ARTICLE V COMPENSATION A. COMPENSATION TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of providing ��:�'�r�� c��r�<��i�� , �ar��.��i��t��a,� ��aw��l ��n�.��fla��;�^�t_c��' �� 't�lala� ��1 ivl,��l�r P1�xt�, for the Citv of Denton. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the Basic Services of Phase 1 thru 6, defined in Article I, and detailed within Article II, a total fee, including reimbursement for direct non-labor expenses not to exceed 8$ 0,000• Partial payments to the CONSULTANT will be made on the basis of detailed statements, and in accordance with completion and submission of the requirements of the Tasks defined below, rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered for the Project: Project Completion Schedule Task/Milestone .................................................... ......................................................C..................................��....___________________ --- ompleted by End of: PHASE 1 May 22, 2015 PHASE 2 July 31, 2015 PHASE 3 October 12, 2015 PHASE 4 December 1, 2015 PHASE 5 January 5, 2016 PHASE 6 February 16, 2016 � Detailed Task ��i��u�� `�� Task/Milestone PHASE 1 PHASE 2. _ ............ PHASE 3 PHASE 4 PHASE��5 PHASE 6 Total Cost Schedule P m nt u . ..��!.........e....______ $10,000.00 $15,000.0 0 .._ - $15,000.00 $15,000.00 $15, 000.00 $10, 000.00 on Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifcally understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C, ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be negotiated prior to delivery of the stated services, to complete the entire schedule of the work plan for the project. Any additional services requested and mutually agreed upon will result in a"change order" and amendment to the existing contract. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. �, . � . , R . .. r .. - r- . , - - ,- - :� � - /- � r;.# - 1 . . �- � ',� _ # . - ' � • '_ � � � � . . ., , � -' • • , �- -� - -.' � � � � � •- -:�. �. � ,, II �,, . � • - .�r • . ♦ • . _ , � .r - - �- - . - r-- • y- :�' . �. � ` � . ! f -. r i E. PAYMENT: If the OWNER fails to make undisputed payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In addition, the CONSULTANT may, if it has not received payment by the thirty-first (31S`) day after receipt of payment, after giving ten (10) days' written notice to the OWNER, � suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the COIVSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." .. � � �. . � • . � . � �. �.�; Pavment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which iterns or services have been received unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later. Direct deposit for pavments: Contractors are encouraged to arrange for receiving payments through direct deposit. Please complete and submit the attached City of Denton Substitute W-9 form. Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of PS Arora, P.E., City of Denton Utilities, 901 B Texas Street, Denton, TX 76209. The invoice may also be electronically delivered to City of Denton Accounts Payable Department at accountspavable(cr�,cityofdenton.com. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference ihe City of Dentan Purchase Order Number in order ta be processed. No payments shall be made an invoices not listing a Parchase Order Number. , � The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. 7 ,. � ; " • � , � . � � . The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reparting to the OWNER any defects ar deficiencies in the work af the CONSULTANT or any subcontractors ar subconsultants. � , � ,� � � � � �� All dacuments prepared ar furnished by the CONSULTANT (and CONSULTANT's subcontractars or subconsultants) pursuant ta this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain capies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only ta be applicable to this Project, and OWNER's use of these dacuments in ather prajects shall be at OWNER's sole risk and expense. In the event the OWNER uses any af the information or materials developed pursuant to this Agreement in anather project ar for other purpases than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ,. I 1 ' 1 1 ''• �' CONSULTANT shall pravide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have ar claim any right arising from employee status. . • ;� I\ I � u\�11 �%��l� �►I 1\ The CONSULTANT shall indemnify and save and hold harmless the OWNER and its afficers, agents, and emplayees fram and against any and all liability, claims, demands, damages, lasses, and expenses, including, but not limited ta caurt casts and reasonable attarney fees incurred by the OWNER, and including, without limitatian, damages for badily and personal injury, death and praperty damage, resulting from the negligent acts or omissians of the CONSULTANT ar its officers, shareholders, agents, ar employees in the execution, operation, or performance of this Agreement. Nathing in this Agreement shall be canstrued to create a liability to any person who is nat a party to this Agreement, and nathing herein shall waive any of the parties' defenses, bath at law or equity, ta any claim, cause of action, or litigatian filed by anyone not a party ta this Agreement, including the defense af governmental immunity, which defenses are hereby expressly reserved. : ,. I '� ; .�!'�I( � All insurance requirements have been waived by approval of the City of Denton's Risk Management Division. ,. � ' : �'. � . ;� , • . � � • �; � The parties may agree ta settle any disputes under this Agreement by submitting the dispute ta mediation. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location far the mediation shall be the City of Denton, Denton County, Texas unless a different location is agreed to by the parties. ARTICLE XIII TE INATION OF AG EMENT A. Notwithstanding any other pravision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of terminatian. The OWNER shall pay CONSULTANT for all services praperly rendered and satisfactorily performed and for reimbursable expenses ta terminatian incurred prior to the date af termination, in accordance with Article V"Compensation." Should the OWNER subsequently contract with a new consultant for the continuatian af services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date oftermination, but may maintain copies of such documents for its use. ,� ' "� : 1 � . . � . ; Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, G] � � . • , � � • ' , � - . . . � � � - - • - • '', � , .�r • , r- �-- .r t �- ,, . • � • _ �• � � - # ' • , �. . . � � -�. -� � - � ' ' ` � 1' -- � � , t ,_- . � • . # ' ' " . ' 1• � . 1 . 1 � ' • ,' � . � �, � � -. . .' • . � " � 1 ' # , � � • -- - I'' • 1 i� � �� \! 3` All notices, communications, and reports requ�red ar permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed natices shall be deemed communicated as of three (3) days' mailing: .� �� • . �� ., �.- � 11 �•, �- • 1 _ a,� �� .. . 11 � •� • .• � � �- , .. ,. .,. ,,. � � . . 1 _ �,� ,� ,�� , * � • �- � r All notices shall be deemed effective upon receipt by the party ta whom such notice is given, or within three (3) days' mailing. ,. � �.; , � • • r `+ -- . • � � �-- -c � . � • • �-,,_ � • � �- . � � - � ^.� - , �- • �- -� - - ,� - �w _ . � �_, *, � � -- - � .', • . - ' - - . �- � r,- . � • . • _.� _ _ . . r. - , ' - • ' � -- _ • -r . - - � � � . , r , r - . �� - � - � - + - . * � . _ - • -.�-�� , • - • � t . � 1 ' . \ � . • � _ • � . � � ., ��-,. , - , � • . . - -� , � , rr • � . - .�� ,� - • - • � - -� - - �- , - , # -.� r I - - ' ; �- - �-� � ' '� � ��II '�. l `•\. U ►, I: ,.I �, I In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religian, sex, natianal origin or ancestryy a.g�iy or physical handicap. ARTICLE XIX PERSONNEL A. The CON5ULTANT represents that it has ar will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, nor have any contractual relatians with the OWNER. CONSULTANT shall inform the OWNER of any canflict of interest or patential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and lacal laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its Sub-cansultants shall be required to submit to background checks. , ,. . . The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any af the terms ar conditions af this Agreement to include but not limited to the terms and canditions for payment under this Agreement. ,, �1 1 No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, ar the rights ar obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the pravisions of this article will not be waived unless as set farth herein. 11 ,. �' A. The following exhibits are attached to and made a part of this Agreement: Attachment A — Consultant Bio Attachment B— Insurance waived by City of Denton Risk Management Attachment C— Contractor pocumentation, including Canflict of Interest and City of Denton Substitute W-9 form B. CON5ULTANT agrees that OWNER shall, until the expiration of five (5) years after the final payment or after final completion of all work required under this Agreement, whichever is longer, have access ta and the right to examine any directly pertinent boaks, documents, papers, correspondence, to include e-mails, and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT is required to maintain and make available all electronic records associated with this Agreement for purpases of examination. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this article. OWNER shall give CONSULTANT reasonable advance notice of intended audits. This paragraph shall work in conjunction with the Audit provision set forth in Article XXIII. C, Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform mast of the work hereunder shall be Mar�aret Ed�e Chalfant, Consultant. However, nothing herein shall limit CONSULTANT fram using other qualified and competent members of its firm to perform the services required herein. CONSULTANT understands that OWNER is to be informed of the removal or loss of any of the key persons working under this Agreement. CONSULTANT also agrees to provide the OWNER with notice of the name(s) of who it intends to replace the key person. OWNER shall have a right to reject any replacement key person(s) and CONSULTANT agrees to name a replacement key persan(s) acceptable to the OWNER. E. CONSULTANT shall commence, carry on, and camplete any and all projects with all applicable dispatch, in a sound, ecanomical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. 12 F, The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available inforination pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and pr.ivate property as required for the CONSULTANT to perform services under this Agreement. G. The captians of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. H. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. .• I' ! � 1 The OWNER shall have the right to audit and make copies of the books, records and computations pertaining ta this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this Agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are campleted and resolved. These baoks, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers, and ather payees ta retain all baoks, recards, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Dentan. The cost of the audit will be borne by the OWNER unless the audit reveals an averpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasanable cost of the audit, including any travel costs, must be borne by the CONSULTANT which must be payable within five business days of receipt of an invoice. Failure ta camply with the provisions of this article shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. . � , This Agreement, consisting af 14 pa�es and three 3 exhibits, constitutes the complete and final expression afthe agreement of the parties, and is intended as a camplete and exclusive statement of the terms of their agreements, and supersedes all priar contemparaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connectian with the subject matter hereof. 13 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be Y� Y Y g� ��9 I�rxr,� c.�� this �,a c c i��°a�1: � + through is duly authorized u dersigned office on t�� .,� ��,��'�" ci�� c�i �,, , 2t? �_�:� -' CITY OF�DENTON, "V'l:� �� ., �„ BY� �� „�.� �. ��.. � ...... � � ..r: ��...... t��v+�:')C�� C. ��'ll�I�f:�1,I�� t: ��' MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY �� ..� � . . . BY. _ � � �; �,�"^��_..__. _�� r�l'�� Vl�r�� TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � p�. � �^ �„ � ,��°' � � � � � �� BYM �' � �� .. ;„�°��... �° ...�.....�' �..� ��"�„�� ..��.��° b � � nf+rrm. 4., .................... WITNESS: : 14 CONSULTANT � 4�w,� ,� � � � � „ �� "'�-' �� ,: � � �-'� ."�' � " �� ,�,� "'�__8.,�..�;�� -0':'_ � t.� .q� r �.��.. e ��.� �.�.� i ��-��w��,�,��vr:� �;��►�� :�,�.�� .��u � � ' � I L � �' � � + � � ' �;� � � :r �' �' � � . �':��.� • •��. . ��. !.�' :'�.�� I[ .��. .��... ��..��.�• �'.... 1':1'II'1: 1 1 �i :/ �7 1 �" 1 • ��:.�� .. •�'.... o Denton Animal Shelter Foundation, Inc. — taking organization to an executive director management structure; all phases of transition. a North Texas Metroplex Children's Chairs, Inc. o Serve Denton, Wheeler House Art Committee. o Advisor to: o Denton African-American Scholarship Foundation, Inc. o Arts Alliance, Granbury, Texas. o Member of Capital Campaign Steering Committee for Denton County Children's Advocacy Center. Executive irector, Greater enton Arts Council (G AC), Texas 2005 — 2014 o Established Pubic Art Task Force and Public Art Committee far City of Denton with Janet Fitzgerald Mulroy. o Instrumental in presenting and planning of Public Art Boak for City of Denton. o Conceived and presented the concept for a museum of early Texas art and culture. Secured the donation of land worth $2.4 million and $100,000 donation for the praject. o Instituted good management practices for 501(c}3 organizations. o Produced operations and human resources manuals/guidelines. a Sourced and purchased fundraising software for donar management. o Outside audits exceeded standard for nanprofits. o Oversaw insurance for facilities, directors and officers. o Secured grants of $150,000+ annually far aperations and programs. o Negotiated a 25- year lease for the Center for the Visual Arts with the City of Denton. o Administered a successful grant program for 28 - 32 organizations annually. o Streamlined guidelines, application, and reporting forms. a Led grant workshops for 360 people. o Served as a grants Reviewer for Texas Commission on the Arts, Texas Education Agency, and City of Dallas Cultural Arts Division. o Developed and facilitated educational outreach and exhibition programs serving over 12,000 elementary stndents (41% economically disadvantaged) annually. Grew program by 50%. o Expanded and upgraded Getting Started with the Arts. Cooperative educational outreach for DISD in collabaration with: ■ TWU Departrnent of Dance with KidsDance. ■ iJNT College of Music symphonic concerts. ■ Festival Ballet of North Central Texas for The Nutcracker. ■ Docent-led gallery tours at the Center for Visual Arts. o Curated exhibitions. o American Brides: Inspiration and Ingenuity in collaboration with Myra Walker, iJNT Fashion Collection. Received international reviews for excellence. o Ceremonies in African Arts. o The Performing Set — the Broadway Designs af William and Jean Eckart o Couples Who Create o Cowgirl Rising, the worTc ofDonna Howell-Sicicles o Instituted a Docent program chaired by Diane Prentice. o Upgraded, organized, and increased the permanent collection of GDAC by 30%; developed the accession/de-accession policies. o Workshop presenter for fundraising far United Way of Denton. � Executive irector, Arts u anities Council of Southwest Louisiana (S ALA) 2004-2005 o Secured a$5,000 donation from Cox Communications for a mural by local youth for The Children's Museum. o Administered grants for the State of Louisiana Decentralized Arts Funding, Tourism Bureau, and the City of Lake Charles. o Praduced workshops for 36 cultural organizatians. a Instituted bi-monthly Regional Arts network meetings for 50 — 60 organizations. o Hosted a regional artist virtual gallery on The American Press website. Ad inistrator, Arts u anities ivision, City of Lawton, aho a 2000-2004 o Coordinated White House Millennium Project: Junk Jam with Junk Man, Donald Knaack; recycled objects constructed into tonal sculptures with Junk Jam as final performance o Tasked with commissioning of public art sculpture of General Lawton for Centennial Celebration a Responsible for the City of Lawton's Art Callectian o Oversaw a$750,000 renovation/expansion of McMahon Memorial Auditorium; obtained grant from McMahon Foundation for full project funding. o Produced Lawton Arts & Entertainment magazine, a quarterly publication highlighting community arts and humanities. o Expanded Lawton's annual International Festival. o Secured $30,000 in donations. o Increased attendance from 10,000 to 40,000 in three years. o Recruited, trained, scheduled, and caordinated over 500 volunteers for the International Festival. o Developed and managed a budget of $500,000. a Conducted over 100 leadership seminars for 10,000 people in problem solving, goal setting, and achievement. o Developed innovative brochures and a website. o Conceived, created, and executed a yearlong Centennial Celebration for the City af Lawton. o Directed a Joint Ceremony o�'Remembrance for Lawton/Fort Sill, 9/11/2002 with 4,500 participants who evaluated it as one of the fnest ceremonies they had attended. I � 1• � � i ''•� �� i 1. , �� c�� • '- � -, �. - r . � � - �- . . . • - . • � - • •s � . -� . , . r � . • • . • -� w�� - - - . - . _ Director of Volunteer Services, Assistance Center/Texas Medical Center 1989-1990 o Scheduled, coordinated, and trained 60 volunteers. o Conducted VIP tours for 41 institutions. o Managed TMC's Public Relations and Volunteer Services Committees. o Instituted programs for the pediatric areas at the Ben Taub County Haspital and Harris County Psychiatric Center. Civic and Volunteer Activities o Dentan Benefit League, 2005-2014 o Convention and Visitors Bureau, Advisory Committee Denton 2005-2d14 o Holidc�y Lighting Festrval, oard Member 2006-2012 o Downtown Task Force, City of Denton 2006-2014 o Downtown Implementatran Plan, City of Denton 2d08-2014 o Public Art Cammittee, City of Denton 2006-2014 o Denton Mainstreet 2008-2d14 o Lawton Philharmanic Orchestra, Board Member 2000-2d04 o Lawtan Chamber of Commerce, Tourism Committee, 20d0-2d04 o YMCA ofLawtan, Board Member, 2000-2004 first woman President. o Costume designer for over 500 costumes over 10 years with Joy Cames in the Morning and Celebration ofL fe. Easter pageant of Tallowood Baptist Church. o Women's Symphany League, Tyler, Texas o Mayor's Prayer Breakfast, Tyler, Texas. Coordinator for 6 years N S: o Meadows Alumnae Advisory Council (MAAC), Meadows School of the Arts, SMU, 2011- present o Leadership Denton Class, 2007. o Americans for the Arts Local Arts Executive Leadership meetings, Aspen Institute 2011, Sundance Institute 2013, by invitation only. o Women's Leadership Summit in Washington, DC 2005 o Steering Committee far Tourism Summit, State of Louisiana 2005 a Task Force, Oklahoma Tourism & Recreation Dept., Buffalo Soldier Initiative, 2d04 o Community Advisory Board, The Junior League of Lake Charles, Inc., 2004-2005 o Exceptianal Arts & Humanities Promotion Award 2002, Community Arts Councils of Oklahoma, 2003 o Presenter, Arts Assembly of Oklahoma, Inc. annual conference, Business of the Arts, 2003 o Presenter, Festivals & Events Assaciation of Oklahoma annual meetings o Public Relations, 2003 o Board Responsibilities, 2004. o Presidential Citations, Texas Association for Interior Design, 1991 and 1992. P FESSI N E E S I S: o Americans for the Arts, 2000- present o Texans for the Arts, 2006-present o Arts Assembly of Oklahoma, 2000-2004 o Oklahoma Visual Arts Coalition, 2000-2004 a Festivals and Events Association of Oklahoma Board Member 20d0-2004 o international Festivals and Events Associatian, 2000-2004 o Texas Association for Interior Design Board of Directors, Executive Committee, 1987-1992, 1996-1997, Membership; Gulf Coast Region o Registered Interior Designer, State of Texas, 1993-2002 I 1 1 -� 1 • : �� - �. ♦ � • � � . � � ;! . . / �/ / � / /�i 'i . � � 1 1 ; �' �� , � �' � �� 1 , ' � 1; mm ONFLICT OF_INTEmRESTmm(1UmESTIOIVNAIRE �mmm�m�mmITITmmmmmITITmmm�� FORM CImm��IT��mWWWWmW��WWre .. C. �._.. �_ � � For vendor or other person doing business with local�overnmental entity� � mm .�.�.......� _.�..��_�_._�..�. This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a oate Rece�ved � person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. _ �_.......�......____..._A��_�.� Name of person who has a business relationship with local governmental entity. 1�... _��. � . .. � ..._........_._�.._..�_._..._..�_.��....._��.....�._.��_._._.._._..��.._._�_._.�..��_ .._w.�.._ � � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7�h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) mw ..........................._��...........................�.�.........................................................._.�„��................_ _�..._.............................�.�.�.�..................�....... ...............�._.........�� 3 Name of local government officer with whom filer I�a� an em�,al�ynr��nt or business relationship. ,, �,�' � ._._ ��.....�...�....� d �rn�: of Officer This section, (item 3 including subparts A, B, C& D), must Nae �'��%f�Nc�t�ir9 for each officer with whom the filer has an employment or other business ' relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary, A. Is the local government r��°fir:�� i�rr�ed in l`tl�'u� section receiving or likely to receive taxable income, other than investment income, from the filer of the questionN��s��u a�"�� '� � Yes �_......� No `�, B. Is the filer of the quts�Rac�r�n�pr �4�r r;t,ivp�r�� or likely to receive taxable income, other than investment income, from or at the direction of the local government officer n�pT7r�. in this section AND the taxable income is not received from the local governmental entity? �.� Yes �� ..J' No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? �.....��...N Yes �� No D. Describe each affiliation or business relationship. ..�� ...... —..... _.....-- ---...... __.._. ------ -- -------- ......... .. ......... - --.....__..._. 4 � � , � � ti � J �� . _...._� �� ° � ��" � � � � r� ,„ ��"� �.�:��,.- � �.�. � �r:✓� ��..�,m_..a , ,�� ._'�� "� �� "" ��"�' � f� �� _ � " r� � Sinature of ��r�:.� „� �. a._� _� � ... e g � �a,,�doing business with the governprw • t��I.��r�4i��y �� Date _....m.... ..�.....��...... .. �...� ��.�__ �� ,,,,.� ,,,,.,.� .�.�....__�._� � Adopled 06129/2007