Title
Ratification of $12,708.33 in Previously Expended Art in Public Places Funds for AGR21-13 and June 2026 Services, and Approval of $39,180 Plus Applicable Gross Receipts Tax in Art in Public Places Fund Expenditures for AGR26-27 with Creative West for the Purpose of a Public Art Archive Web-Based Solution, as Recommended by the Art in Public Places Board
Recommended Action
I move that the Council approve the Art in Public Places Board’s recommendation to authorize the expenditure of Art in Public Places Funds for the Public Art Archive web-based solution by approving the ratification of $12,708.33 previously expended ($12,500 under Agreement AGR21-13 from June 1, 2021 through May 31, 2026, and $208.33 for June 2026 services provided between contracts) and approving the expenditure of $39,180 plus applicable Gross Receipts Tax for the 15-year term of Agreement AGR26-27 with Creative West.
County Manager's Recommendation
The County Manager recommends that Council approve the motion as presented.
Board, Commission or Committee Recommendation
The Art in Public Places Board voted at its August 10, 2026 special meeting to recommend that the County Council approve $12,708.33 in previously expended Art in Public Places Funds related to AGR21-13 and June 2026 services, and authorize the remaining $39,180 plus applicable Gross Receipts Tax for Agreement AGR26-27 with Creative West.
Body
Staff recently identified an expenditure authorization oversight affecting both the previous and current Public Art Archive contracts paid for through the Art in Public Places funds. In 2025, the County conducted a Request for Proposals (RFP) in anticipation of the expiration of the existing archive contract. Creative West, the incumbent vendor, was selected again. Contract negotiations for the successor agreement, AGR26-27, extended longer than anticipated, and the prior agreement, AGR21-13, expired on May 31, 2026. To ensure uninterrupted access to the Public Art Archive system and continuity of public-facing services, the County maintained system access by paying for the services during June 2026 while the new agreement was being finalized.
The Public Art Archive is the County’s centralized digital platform used to catalogue, manage, and publicly share information on the County’s public art collection, including artwork records, images, and location data. It supports internal asset management, long-term stewardship, and public transparency.
Although the County Manager had contracting authority and all procurement requirements were met, staff inadvertently executed AGR26-27 before obtaining the required approval from both APPB and County Council to expend APP funds. During a detailed review of both contracts and associated expenditures, staff determined that Council approval for the use of APP funds under AGR21-13, effective June 1, 2021 through May 31, 2026, had never been obtained. Creative West, the vendor under Agreement AGR26-27, is the same entity previously known as WESTAF, which held Agreement AGR21-13. The name change occurred during the term of the prior contract, but the vendor, the services provided, and the system platform remained the same.
A total of $12,500 was expended from APP funds during the term of AGR21-13 without Council authorization. In addition, $208.33 was expended for June 2026 services provided after AGR21-13 expired and before AGR26-27 became effective on July 7, 2026. In total, $12,708.33 in APP funds have been previously expended and now require Council ratification.
AGR26-27 is a 15-year agreement totaling $39,180 plus applicable Gross Receipts Tax for the Public Art Archive web-based solution. Creative West has submitted its $2,500 Year 1 invoice; however, payment has not been processed pending Council consideration of APP fund use. Council approval is needed to authorize all APP expenditures for AGR26-27 so the County may proceed with payment obligations and maintain ongoing access to the Public Art Archive system.
APPB held a special meeting on August 10, 2026 and voted to recommend that the County Council approve the previously expended $12,708.33 and authorize the full $39,180 plus applicable Gross Receipts Tax needed to fund AGR26-27.
In accordance with Section 232(c) of the County Procurement Code, the Chief Procurement Officer, after consultation with the County Attorney office, has determined based upon the information provided by the user department, that neither the Contractor nor the County acted fraudulently or in bad faith.
Staff regrets this oversight and will strengthen internal processes to ensure required approvals are obtained prior to future expenditures.
Alternatives
If Council chooses not to approve the use of Art in Public Places Funds for AGR26-27, the contract cannot proceed as executed. The agreement would need to be cancelled or amended with new dates aligned to any future Council action and then returned for Council consideration.
If Council does not approve the ratification of the $12,708.33 already expended ($12,500 under AGR21-13 and $208.33 for June 2026 services), General Fund dollars would be required to cover those expenses. General Fund dollars would also be required to pay the $2,500 Year 1 invoice for AGR26-27 and any ongoing system access costs needed to maintain uninterrupted service until a revised contract could take effect.
Fiscal and Staff Impact/Planned Item
Approval recognizes $12,708.33 in past Art in Public Places expenditures and authorizes $39,180 plus applicable Gross Receipts Tax for AGR26-27. The fund has already absorbed prior costs and has sufficient balance to support the full contract. The APPB staff liaison will continue managing the contract.
Attachments
A- AGR26-27 Creative West
B- AGR21-13 WESTAF