Sole Source (P15-WS932429947) - Approve an ordinance awarding a contract to Houston Arts Alliance (HAA) in the amount not to exceed $25,000,000.00 to provide professional civic art and conservation administration services for various departments.
Specific Explanation:
The Director of the Mayor’s Office of Cultural Affairs (MOCA) and the Chief Procurement Officer recommend that City Council approve an ordinance authorizing a contract for two (2) years with three (3) one-year options to renew between the City of Houston and Houston Arts Alliance (HAA) in the amount not to exceed $25,000,000.00 to provide professional civic art and conservation administration services for various departments. The funding will be made available by supplemental allocations from various departmental civic art budgets up to the maximum contract amount.
HAA, a nonprofit charity, is uniquely skilled in performing the varied professional services identified in the scope of work needed for the Civic Art Program. City of Houston Ordinance No. 2006-731 provides for the creation, funding, and administration of the City’s Civic Art Program. In compliance with the provisions of the City’s Civic Art Ordinance, 1.75% of the appropriation for eligible City CIP projects is appropriated for Civic Art Program purposes, including new civic art projects and conservation projects.
The scope of work requires the conservation of artworks within the City’s Civic Art Collection, management of collection assets, the acquisition of new portable and site-specific artworks for City parks and facilities, and the promotion and presentation of Civic Art Collection artworks to the public. The HAA will provide services through Letters of Authorization (LOA) issued by MOCA on a project-by-project basis. HAA’s fees will be determined by project size and scope and agreed upon in the LOA. The contract stipulates that fees shall not to exceed 13 percent of the lump sum amount of an LOA for the following services: conservation civic art services with budgets over $100,000.00, acquisition civic art services with budgets over $225,000.00, and commission civic art services over $500,000.00. Projects with lesser budgets, as well as other services including deaccession and collection management, will be negotiated on a case-by-case basis. The proposed contract provides that the City may terminate the agreement at any time during the term on 30 days’ notice. HAA will also continue to provide Collection Management Services, propose restoration/conservation treatment of those pieces in need of professional treatment, assist with professional conservator selections, negotiate conservator contracts, perform conservation management, and assist with closing out projects.
This recommendation is made pursuant to subsection 252.022(a)(7) of the Texas Local Government Code, which provides that “a procurement of items that are available from only one source…” is exempt from the competitive requirements for purchase.
M/WBE Participation:
M/WBE Zero Percentage Goal Document approved by the Office of Business Opportunity.
Pay or Play Program:
This procurement is exempt from the City’s ‘Pay or Play’ Program because the department is utilizing a sole source Agreement for this purchase.
Hire Houston First
This procurement is exempt from the City’s Hire Houston First Ordinance. Bids/proposals were not solicited because the department is utilizing a sole source contractor for this purchase.
Fiscal Note
No significant Fiscal Operating impact is anticipated as a result of this project.
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Jedediah Greenfield, Chief Procurement Officer Department Approval Authority
Finance/Strategic Procurement Division
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Estimated Spending Authority
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Departments
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FY2024
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Out-Years
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Total
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Mayor’s Office of Cultural Affairs (MOCA)
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$6,690,287.00
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$18,309,713.00
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$25,000,000.00
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