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HomeMy WebLinkAboutContract 47966 CITY SECw q U(,0 ECEI' CONTRACT NO. JUL122016 Gr[`(pFSk'ClwAR* AGREEMENT BETWEEN THE CITY OF FORT WORTH AND BARBARA GOLDSTEIN DB/A BARBARA GOLDSTEIN & ASSOCIATES FOR THE FORT WORTH PUBLIC ART MASTER PLAN UPDATE PROJECT This Agreement is entered into this day of I I a , 2016, by and between the City of Fort Worth, a home-rule municipal corporatici of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Barbara Goldstein d/b/a Barbara Goldstein & Associates of 241 S. 120' Street, San Jose, CA, 95112-2139. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its Vice President of Public Art. WHEREAS,the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2,Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances in order 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 Consultant into the development of the City's capital infrastructure improvements and to promote tourism and economic vitality in the City; WHEREAS, the Fort Worth Public Art Master Plan (adopted by City Council on September 30, 2003 as M&C G-14087) set forth a vision for public art in Fort Worth, as well as recommendations for future projects and guidelines for Consultant selection,design review and collection management; WHEREAS, the Fort Worth Cultural Plan 2014 (accepted by City Council on February 3, 2015 as Resolution No. 4403-02-2015),which a public art master plan update was recommended to confirm that the program initiatives reflect community priorities; WHEREAS,the Fort Worth Public Art Program will mark its 15'h Anniversary on October 2, 2016; thus, the City desires to engage the services of an experienced public art administrative consultant to assess the program, gather community input and make recommendations to guide the program into the future; WHEREAS, this project was included in the Fort Worth Public Art Fiscal Year =i .' 2016 Annual Work Plan(adopted by City Council on October 27,2015 as M&C C-27515) C m Page I 1 of 37 7� Agreement Between the City of Fort Worth and Barbara Goldstein& _ M M Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 0 < v as part of the City's agreement with Contract Manager for administration of the public art program; WHEREAS,Consultant was selected through a national Request for Qualifications process, in which three consultant teams finalists made public presentations and were interviewed by a consultant selection panel appointed by the Fort Worth Art Commission. A copy of the Consultant's qualifications is attached as Exhibit "A" and incorporated herein as if copied in full; WHEREAS, on April 11, 2016, the Fort Worth Art Commission approved the consultant selection panel's recommendation of Consultant for the project and further recommended that City Council appropriate additional funds to support an extensive local Consultant-led community engagement process as part of the project; WHEREAS, the original funding for this project was included in the City of Fort Worth Public Art Capital Improvement Plan for Fiscal Year 2016 Appropriation Ordinance, adopted by City Council on February 9, 2016 as M&C G-18667; WHEREAS, the budget for the project was increased to support the Consultant-led community engagement simultaneously with City Council's authorization to execute this Agreement; and WHEREAS, the City and the Consultant wish to set out the terms and conditions for the Consultant's development of the Fort Worth Public Art Master Plan Update; NOW, THEREFORE, the City and Consultant for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall have the meanings as set forth below: I.I. Agreement—Means and includes this agreement between the City and Consultant for a Public Art Master Plan Update. 1.2. Consultant — Means and includes Barbara Goldstein d/b/a Barbara Goldstein & Associates. Page 12 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 a. Associate Subconsultant — Means and includes Jessica Cusick d/b/a Cusick Consulting, of 924 Victoria Avenue, Venice, CA, 90921. b. Artist Subconsultant — Means and includes the local artist selected by Consultant to lead the community outreach project. 1.3. City—Means and includes the City of Fort Worth, Texas. 1.4. Community Outreach Project—Means and includes the community engagement process as developed by Consultant, Associate Subconsultant and Artist Subconsultant(s)and approved by the Fort Worth Art Commission. 1.5. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees. 1.6. Effective Date—Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.7. Master Plan—Means and includes the document that the Consultant will produce that includes public art recommendations for the Fort Worth Public Art program.. 1.8. Master Plan Deliverables — Means and includes those items set forth in Article 2.2. of this Agreement that are required for City's review and approval. 1.9. Parties—Means and includes City and Consultant. 1.10. Project — Means and includes the Fort Worth Public Art Master Plan Update Project. 1.11. Project Stakeholders — Means and includes the Mayor and City Council, Fort Worth Art Commission, community leaders, Consultants, and residents of the City of Fort Worth whose input will be solicited as part of Consultant's Work. 1.12. Work—Means and includes the Community Outreach Project and the Master Plan Update document and PowerPoint presentation that are the subject of this Agreement, or any intermediary stage of completion of such works. Page 13 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 ARTICLE 2 FORT WORTH PUBLIC ART MASTER PLAN UPDATE SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Consultant shall enter into a contract with Associate Subconsultant upon execution of this Agreement, outlining the Associate Subconsultant's scope of work and fee schedule. A copy of that agreement shall be provided to Contract Manager. b. Consultant,with Associate Subconsultant,shall provide the following services with the understanding that Contract Manager shall provide copies and/or website links to Consultant for Research and Assessment items: i. RESEARCH AND ASSESSMENT: The Contract Manager shall provide the consultant with background material that will enable research and assessment of the items,including but not limited,to the following: • Fort Worth Public Art Collection (including commissioned, acquired and donated artworks) in terms of media, aesthetic style, artists and location,but not the physical condition of the artworks; • Fiscal Year 2016 Annual Work Plan; • Review of all existing fund-specific public art plans; • City of Fort Worth Comprehensive Plan (2016); • Public Art Program Audit Report(2015); • Public Art Budget History and Future Projections; • Geographic Distribution of Public Artworks (map showing Completed, In-Progress, Planned Commissioned Projects); • History of Community ID: Public Art in Neighborhoods initiative; • History Mural Program initiative; and • Fort Worth Art Commission's Visioning Committee Recommendations (2011). Page 14 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 ii. FUTURE PROJECT/CAPACITY ASSESSMENT: • Consider Potential Location(s), Budget Proposal, and Artwork types for an Iconic Artwork; • Future Projects - Locations and types; and • Temporary Public Art Projects and events. iii. COMMUNITY INPUT GATHERING • Consultant and Associate Subconsultant, with the help of the Contract Manager, shall seek input from a wide range of stakeholders and the general public, through a combination of individual interviews, small focus groups, and public forums, for a total of 36 individual meetings (excluding presentations to the Fort Worth Art Commission and City Council), including: •Mayor and City Council Members; •City Manager, Assistant City Managers, City Attorney, Finance Department Director, Planning & Development Department Director, and other City staff, as appropriate; •Past members of the Fort Worth Art Commission; •City Board & Commission Chairs, as appropriate; •Arts Council President and Board Members; •Local Artists; •Arts Organizations, including Museums; •Architects and other Design Professionals; •Redevelopment Organizations and Private Developers; •Business Leaders, Business Associations, Corporations; •Convention and Visitors Bureau; •Community Leaders and Neighborhood Groups; and •Foundations, Schools and Universities. • Consultant shall seek input from the Fort Worth residents via MySidewalk.com on the Fort Worth Public Art page. Page 15 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 • Consultant shall manage a local artist-led community outreach project in an effort to reach residents who may not attend meetings(see Article 3)and shall assess and incorporate the findings of this project effort into the Master Plan Update, as Consultant deems appropriate. iv. PRELIMINARY MASTER PLAN UPDATE FINDINGS AND PRESENTATIONS • Consultant shall develop preliminary narrative assessment and findings pertaining to all aspects of the Fort Worth Public Art program and the original master plan, including vision, future projects and guidelines. • Consultant shall make a presentation of preliminary findings to the Fort Worth Art Commission for input at a regular meeting. • Consultant shall make a presentation of preliminary findings and introduce the artist-led community outreach project to City Council for input at a regular Pre-Council meeting. V. FINAL MASTER PLAN UPDATE RECOMMENDATIONS AND PRESENTATIONS • Consultant shall prepare a refined narrative assessment and findings pertaining to all aspects of the Fort Worth Public Art program and the original master plan,including vision, future projects and guidelines. • Consultant shall develop preliminary budget estimate for specific types of projects recommended, in consultation with Contract Manager. • Consultant shall develop staffing recommendations and operational budget requirements,in consultation with Contract Manager. • Consultant shall present the Final Draft Public Art Master Plan Update to the Contract Manager, City staff, Fort Worth Art Commission and stakeholders for input. • Consultant shall present the Public Art Master Plan Update to the Fort Worth Art Commission for approval. • Consultant shall present the Public Art Master Plan Update to City Council for adoption. Page 16 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 vi. FORT WORTH PUBLIC ART MASTER PLAN UPDATE DOCUMENT • Consultant shall submit the Draft Fort Worth Public Art Master Plan Update to Contract Manager for review and comment. • Consultant shall submit the Fort Worth Public Art Master Plan Update Publication in accordance with Article 2.2(a) below. c. Consultant and her Associate Subconsultant shall each make a minimum of eight (8) trips to Fort Worth (either together or separately) in order to attend planning meetings and conduct research and community input gathering (see Article 2.1.b.iii.); and, Consultant shall present the final Master Plan to the Fort Worth Art Commission, project stakeholders, and City officials and the City Council on mutually agreed upon dates. Additional trips if required per Scope of Services 2.1 may be negotiated and agreed upon in writing by City and Consultant. d. Consultant shall provide written Progress Reports in accordance with schedule the attached hereto as Exhibit "B." 2.2. Master Plan Deliverables. a. Consultant shall perform the services and furnish all supplies,materials,and equipment necessary to complete the Fort Worth Master Plan Update and provide certain deliverables as set forth in this Section 2.2.a.i. for City approval within twelve(12) months of the execution of this Agreement: i. Master Plan Update • Master Plan Update narrative outlining recommendations in terms of vision, guidelines, future projects, including the future Iconic Artwork, with proposed locations, types and budget requirements, as well as new public art initiatives, with some illustrations,based on input received and national best practices. The narrative should also include recommended revisions to program guidelines, as well as program staffing needs. Deadlines for submission of Consultant's Master Plan Deliverables, including periodic progress reports, may be Page 17 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 extended by mutual written agreement between the Consultant and Contract Manager(see Exhibit"B'). • Copy of Final Master Plan Update PowerPoint presentation, as presented to the Fort Worth Art Commission and City Council. 2.3. Additional Services. a. City may request that Consultant provide services in addition to the services set forth in Sections 2.1. and 2.2 above.. City shall make such requests in writing. Such additional services shall only be performed after execution of a written amendment to this Agreement which includes, at a minimum, a description of the additional services and scope of work,compensation and payment schedule, and schedule for the delivery and completion of services. b. City and Consultant will mutually agree to compensation, payment schedule, schedule for the delivery and completion of any additional services. c. Consultant reserves the right to decline to provide the additional services. ARTICLE 3 ARTIST CONSULTANT LED COMMUNITY OUTREACH PROJECT SCOPE OF SERVICES AND DELIVERABLES 3.1. Scope of Services. a. The Consultant, with Associate Subconsultant, shall conduct a proposal-based process to select a local artist or artist team to become the Artist Subconsultant(s) to undertake a temporary public art / community outreach project which encompasses multiple locations / events in each of the eight (8) City Council Districts to engage residents in the Fort Worth Public Art Master Plan Update process, subject to review and acceptance by City as set forth in this Agreement. b. The Consultant shall perform all services and will furnish all supplies and materials as necessary for conducting the Artist Subconsultant(s)-led community outreach project. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. Page 18 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 c. Contract Manager may assist with the Artist Subconsultant(s) selection process, including providing input on the Call to Artists, identifying local artists for Consultant to consider, and facilitation the selection process, as may be required. d. Prior to the beginning of the Artist Subconsultant(s) selection process, Consultant shall seek input from the Fort Worth Art Commission on the Artist Subconsultant(s) selection process. After the Artist Subconsultant(s) selection process is complete, Consultant shall provide a written report on the results to Contract Manager. e. Consultant shall provide Contract Manager with a copy of the draft agreement with the Artist Subconsultant(s)for review,including scope of work and detailed project budget on the form attached hereto as Exhibit"C". f. General liability insurance may be required depending on the nature of Artist Subconsultant's project, as determined by the City of Fort Worth's Risk Manager. Consultant's agreement with Artist Subconsultant shall require any insurance recommended by the City. A copy of the City's standard insurance requirements are attached hereto as Exhibit"D"as if copied in full. g. Prior to the commencement of the Artist Subconsultant(s)' work, Consultant shall make a presentation to the Fort Worth Art Commission and to the City Council to inform them of the process and seek their assistance in notifying their constituents of opportunities to participate. h. The Artist Subconsultant(s)' event schedule and timeline shall be provided, in writing, to the Contract Manager for review and input at least one month prior to each event for publicity purposes. Such schedule and timeline shall be periodically updated. i. Consultant shall inform Contract Manager if assistance is required in making logistical arrangements, and Consultant shall provide written and visual content for publicity to be conducted through Contract Manager by means of print, traditional and social media, as appropriate. Page 19 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 3.2. Artist-Led Community Outreach Proiect Deliverables Once the outreach project is complete, Consultant shall synthesize and analyze Artist Subconsultant(s)' data for inclusion into the Fort Worth Public Art Master Plan Update document and presentations. Consultant shall also share raw data with Contract Manager. 3.3 Artist Subconsultant Payments Consultant is responsible for all payments to Artist Subconsultant(s). Artist Subconsultant(s)' payments shall be made in accordance with the payment schedule contained in the Agreement between the Consultant and the Artist Subconsultant(s), as reviewed and approved by Contract Manager. Consultant shall submit separate invoices with Artist Subconsultant(s)' invoice attached for payment to Consultant. Consultant may add a project management fee of 20% based on each Artist Subconsultant(s)' invoice amount. The total invoiced for the Artist-Led Community Outreach Project shall not exceed or substantially deplete the available contingency as set forth in the payment schedule. 3.3. Implementation Budget Total. Consultant shall develop an Artist-Led Community Outreach Project Proposal that encompasses events in all eight(8)City Council Districts and is financially feasible relative to the budget for implementation,contained in the Contingency. 3.4. Additional Services. a. City may request that Consultant provide services in addition to the services set forth in Sections 3.1, 3.2 and 3.3 above, or to revise portions of the services completed by Associate Subconsultant and/or Artist Subconsultant and accepted by City under this Agreement. City shall make such requests in writing. Such additional services shall only be performed after execution of a written amendment to this Agreement which includes, at a minimum, a description of the additional services and scope of work, compensation and payment schedule, and schedule for the delivery and completion of services. b. City and Consultant will mutually agree to compensation,payment schedule, schedule for the delivery and completion of any additional services. c. Consultant reserves the right to decline to provide the additional services. Page 110 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 ARTICLE 4 COMPENSATION AND PAYMENT SCHEDULE 4.1. Fee. The City shall pay the Consultant a fee in the amount of up to ONE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($120,000.00), which shall constitute full compensation for all services and materials to be performed and furnished by the Consultant under this Agreement, inclusive of all travel expenses, and includes an allowance of up to FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00) for the related Consultant-led community outreach project and overall project contingencies. All payments under this Agreement shall be made to Barbara Goldstein d/b/a Barbara Goldstein&Associates, who shall be responsible for remitting to Associate Subconsultant and Artist Subconsultant(s)any fees,reimbursement for travel and/or other expenses. City shall not be liable to Associate Subconsultant or Artist Subconsultant(s) for any payments under this Agreement. The fee shall be paid in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof. a. Ten Thousand, Five Hundred Dollars and No Cents ($10,500.00) upon execution of this Agreement, recognizing that Consultant has already invested time and expense in preliminary coordination with the City. b. Fourteen Thousand Dollars and No Cents ($14,000.00) within thirty (30) days after the Consultant submits Progress Report #1 ("Initial Research", Part 1), along with copy of Associate Subconsultant's executed agreement to which Contract Manager notifies of acceptance in writing. c. Ten Thousand Five Hundred Dollars and No Cents ($10,500.00) within thirty (30) days after Consultant submits Progress Report #2 ("Initial Research", Part 2), along with copy of Artist Subconsultant's executed agreement to which Contract Manager notifies of acceptance in writing. d. Fourteen Thousand Dollars and No Cents ($14,000.00) within thirty (30) days after Consultant submits Progress Report #3 ("Community Outreach and Public Participation") to which Contract Manager notifies of acceptance in writing. Pagel 11 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 a a e. Fourteen Thousand Dollars and No Cents ($14,000.00) within thirty (30) days after Consultant submits First Draft Fort Worth Public Art Master Plan Update document and makes a PowerPoint presentation to the Fort Worth Art Commission for input. f. Seven Thousand Dollars and No Cents ($7,000.00) within thirty(30) days after Consultant submits Final Draft Fort Worth Public Art Master Plan Update and make a presentation to the Fort Worth Art Commission for recommendation and to the City Council for adoption and after City Council adoption or acceptance. g. An allowance of up to FIFTY THOUSAND DOLLARS AND NO CENTS ($50,000.00)is available for the following: (1) Artist Subconsultant(s)' agreement and costs and/or fees associated with the Consultant-Led Community Outreach Project; and (2) City may pay Consultant for costs that are incurred by Consultant due to changes in scope of work and/or additional travel over and above the eight (8) trips included in the agreement. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Consultant and (ii) approval by the Contract Manager of the additional costs. 4.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. The City shall supply the Consultant with the "Texas Sales Tax and Local Sales Tax Exemption Certificate,"attached hereto as Exhibit E for use by Consultant in the fulfillment of this Agreement. 4.3. Consultant's Expenses. Consultant shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including but not limited to services, materials, mailing/shipping charges and insurance on submissions to the City, cost of all travel, and costs for Consultant's agents, consultants, employees, Associate Subconsultant and Artist Subconsultant(s)necessary for the proper performance of the services required under this Agreement. Page 112 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 ARTICLE 5 TERM AND TERMINATION 5.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Consultant by City. 5.2. Gratuities. City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by Consultant or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 5.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 5.3 in accordance with the dispute resolution process set forth in Article 6 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 5.4. Termination for Convenience. a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty (30) calendar days before termination, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Consultant for services actually rendered up to the effective date of termination, and Consultant shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon Consultant's Page 113 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 1 m receipt of payment in full of all monies due for services provided up to the effective date of termination, City shall have the right at its discretion to possession and transfer of title to the sketches,designs,and models already prepared and submitted or presented for submission to City by Consultant under this Agreement prior to the effective date of termination,provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Consultant, Consultant shall remit to City a sum equal to all payments (if any) made to the Consultant pursuant to this Agreement prior to termination. 5.5. Incapacity of Consultant. a. In the event that Consultant becomes incapable,legally or otherwise,of performing its duties and/or obligations under this Agreement, City shall have the right to terminate this Agreement on payment to Consultant or Consultant's successors for all work and services performed prior to incapacity. All finished and unfinished drawings, sketches, photographs, models, and any other work shall automatically become property of City. ARTICLE 6 DISPUTE RESOLUTION a. If either Consultant or City has a claim,dispute,or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that may arise out of,or in connection with this Agreement. b. If the Parties fail to resolve the dispute within sixty(60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non- binding mediation upon written consent of the authorized representatives of both Page 114 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in effect. Request for mediation shall be in writing, and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar days following the date of request,except upon Agreement of the Parties. In the event City and Consultants are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 5.3) ARTICLE 7 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 7.1 City shall own all right,title, and interest in the Work throughout the world. Further, City shall be the sole and exclusive owner of all copyright,patent,trademark,trade secret and other proprietary rights in and to the Work. Ownership of the Work shall inure to the benefit of the City from the date of conception,creation or fixation of the Work in a tangible medium of expression (whichever occurs first). Each copyrightable aspect of the Work shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, and City will be considered the author of the Work, with all rights appurtenant thereto. If,and to the extent such Work,or any part thereof,is not considered a"work-made- for-hire" within the meaning of the Copyright Act of 1976, as amended, Consultant hereby expressly assigns,sells,and transfers,and to the extent any such assignment,sale,or transfer cannot be made at the present time to City, agrees to assign, sale, and transfer, all exclusive right,title and interest in and to the Work,and all copies thereof, and in and to the copyright, patent,trademark,trade secrct,and all other proprietary rights therein,that the City may have Page 115 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 or obtain,without further consideration,free from any claim,lien for balance due,or rights of retention thereto on the part of the City. Consultant shall have no copyright or other intellectual property interest in the Work. 7.2 Consultant hereby acknowledges the rights of attribution and integrity conferred by Section 106A(a) of Title 17 of the U.S. Code, (as amended or as it may be amended in the future) Titled"Visual Artists Rights Act,"and any other right of the same nature granted by U.S.federal,state,or foreign laws,and of Consultant's own free act hereby waives such rights with respect to any and all uses of the Work by City pursuant to this Contract. 7.3 At City's request,and at Consultant's expense,Consultant will provide all cooperation requested by City in any effort by City to establish,perfect, or defend it rights in and to the Work, including, without limitation, the execution of assignments, releases, or other documentation,and the provision of good faith testimony by declaration,by affidavit,and in- person. 7.4 City will have the sole and exclusive right throughout the world in all languages and in perpetuity to exploit the Work in any manner. 7.5 To the extent that the City intends to reproduce images from the Work in any other work not associated or related to the Work, then City is responsible for securing such permissions. 7.6 Consultant shall include language in its agreements with Subconsultant and Subartist(s)that sufficiently protects City's rights granted by Consultant under this Article 7. ARTICLE 8 WARRANTIES OF TITLE AND COPYRIGHT a. Consultant represents and warrants that: i. Work shall be the original product of the Consultant's sole creative efforts. ii. Work is and will be unique and original, and do not infringe upon any copyright or the rights of any person; iii. Consultant has not sold, assigned, transferred, licensed, granted, encumbered,or utilized the Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Work(or duplicate thereof)have not been accepted for sale elsewhere; Page 16 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 V. Consultant has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;and vi. All services performed hereunder shall be performed in accordance with all applicable laws,regulations, ordinances,etc., and with all necessary care, skill and diligence. ARTICLE 9 CONSULTANT AS INDEPENDENT CONTRACTOR Consultant shall perform all work and services hereunder as an independent contractor,and not as an officer, agent, servant or employee of City. Consultant shall have exclusive control of,and the exclusive right to control the details of the work performed hereunder, and all persons performing same,and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Consultant,his/her officers, agents, employees, subcontractors, Associate Subconsultant, and Artist Subconsultant(s),and doctrine of respondent superior has no application as between City and Consultant. ARTICLE 10 INDEMNIFICATION 10.1. General Indemnity. a. CONSULTANT COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES,COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY HIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO,DEATH)TO ANY AND ALL PERSONS,OR OTHER HARM Page 117 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Consultant. ARTICLE 11 EQUAL OPPORTUNITY a. Consultant shall not engage in any unlawful discrimination based on race,creed, color,national origin,sex,age,religion,disability,marital status,citizenship status, V. Consultant has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 9 CONSULTANT AS INDEPENDENT CONTRACTOR Consultant shall perform all work and services hereunder as an independent contractor,and not as an officer, agent, servant or employee of City. Consultant shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same,and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Consultant, his/her officers, agents, employees, subcontractors, Associate Subconsultant, and Artist Subconsultant(s), and doctrine of respondent superior has no application as between City and Consultant. ARTICLE 10 INDEMNIFICATION 10.1. General Indemnity. a. CONSULTANT COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY HIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO,DEATH)TO ANY AND ALL PERSONS, OR OTHER HARM Page 17 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 n FOR WHICH RECOVERY OF DAMAGES IS SOUGHT,OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS,ERRORS,OR OMMISSIONS OF CONSULTANT AND/OR CONSULTANT'S SUBCONSULTANTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Consultant agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Consultant in connection with or incidental to performance under this Agreement. C. Consultant shall require all of its suboontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 10.2. Intellectual Property. Consultant agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations,including,but not limited to,the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Consultant. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize,permit, or condone the reproduction or use of copyrighted materials by Consultant without the appropriate licenses or permission being secured by Consultant in advance. IT IS FURTHER AGREED THAT CONSULTANT SHALL RELEASE,DEFEND, INDEMNIFY,AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no Page 118 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Consultant. ARTICLE 11 EQUAL OPPORTUNITY a. Consultant shall not engage in any unlawful discrimination based on race, creed, color,national origin,sex,age,religion,disability,marital status,citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement,and Consultant represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. b. In the event of Consultant noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Consultant may be debarred from further agreements with City. ARTICLE 12 MISCELLANEOUS 12.1. Compliance. Consultant shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Consultant's services under this Agreement. 12.2. Entire Agreement. 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. 12.3. Amendments. No alteration,change,modification,or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 12.4. 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 Agreement. The Page 119 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 t 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. 12.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement,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 Agreement shall be construed in accordance with the laws of the State of Texas. 12.6. Successors and Assigns. Neither party hereto shall assign, sublet,or transfer its interest herein without 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 Agreement shall be binding upon and shall inure to the benefit of City and Consultant and their respective successors and permitted assigns. 12.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Consultant, and any lawful successor or assign, and are not intended to create any rights, contractual,or otherwise,to any other person or entity. 12.8. Severability. If any provision of this Agreement shall be held to be invalid,illegal,or unenforceable,the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 12.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires;strikes;lockouts,national disasters;riots;material or labor restrictions;transportation problems;or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same Page 120 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 4 during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 12.10. Contract Construction, The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 12.11. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i)thirty (30) days following delivery by City to Consultant of written notice of City's intention to terminate or(ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 12.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12.13. Right to Audit. Consultant agrees that City will have the right to audit the financial and business records of Consultant that relate to the Work(collectively"Records")at any time during the Term of this Agreement and for three(3)years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three(3)years thereafter, the Consultant shall make all Records available to the City at 1000 Throckmorton Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Consultant shall require all of its subcontractors, Associate Subconsultant, and Artist Subconsultant(s)to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 12.13. Page 121 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 12.14. Certified MBE/WBE. If applicable, Consultant is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) fum with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 12.15. Survival Provision. The provisions contained in Articles 5.5 (Incapacity of Consultant), 7 (Ownership and Intellectual Property Rights), 8 (Warranties of Title and Copyright), 9 (Consultant as an Independent Contractor), 10 (Indemnification), and 12.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 12.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts,each of which will be deemed an original,but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 12.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 13 NOTICES All notices,requests,demands,and other communications which are required or permitted to be given under this Agreement 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: Sarah Fullenwider,City Attorney Law Department 1000 Throckmorton Street Fort Worth,TX 76102 Page 122 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1116 Martha Peters,Vice President of Public Art Arts Council of Fort Worth 1300 Gendy Street Fort Worth,TX 76107 2. CONSULTANT Barbara Goldstein,Principal Barbara Goldstein&Associates 241 S. 12a'Street San Jose,CA 95112-3947 IN WITNESS HEREOF,the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH Fernando Costa Assistant City Manager CONSULTANT 96y&ya Gol&t6H Barbara Goldstein,d/b/a Barbara Goldstein&Associates APPROVED AS TO FORM AND LEGALITY: Jessic gsv ng Assi6knt City Attorney 11 Zoe co-, , 9/y ATTESTED ®RI' 0 OFFICIAL RECORD ary J.Ka CITY SECRETARY City Secret � FT. WORTH,TX Page 123 of 37 AS Agreement Between the City of Fort Worth an arbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 x x 4 Pr Risumd: Barbara Goldstein Rarbafa Goldstein&Associates Creative Placeneakling and Public Art Plarruing 241 S.12th SL San Jose,CA 95112-2139 408.477.2836(office) 408.582.3947(mobile) pubiicartptan@eartMink.net Barbara Goldstein is an independent consultant foasing on pubic art planning and creative ptaoemaking.She is the former Public Art Director for the City of San Jose Office of Cultural Affairs and editor of Public Art by 9* Book,a prkner published by Americans for the Arts and the University of Washington Press.In 2013,she led a seven session Americans for the Arts webhw series on creative placemaking and public art. Goldstein has directed the public art programs in Seattle and Los Angeles,worked as a cultural planner,architectural and art critic,editor and pubr*w.She Is past chair of the Chair of the Public Art Network for Americans for the Arts. She was a 2015 Fellow in Stanford University's Disinguished Careers Institute, consulting City of Palo Afto,CA 2015 to Present Partnered with Gal M.Goldman Associates to creale pubic art master plan for City of Palo Alto including vision, implementation plan,polio and procedures.Plan is in currently In final stages of review. City of Berkeley,CA,2015 Wrote guidelines for implementation of private percent for art ordinance. City of Morgan Hill,CA 2014 Facilitated Creative PlacemakkV symposium,a ParK(ing)Day project,grant writing,integration of artwork into a new parking structure and awards of 10 art projects for a Creative Placemaking mini-grant program that wiN be integrated in the city's Downtown Placemakkng Investment Strategy, Charlotte Center City Partners 2013.14 Provided consulting services for public art cement of Charlotte Raiffrail project and assisted Charlotte Center City Partners in securing$412,000 grant from ArtPlace America Madison Square Garden Company 2013.14 Coordinated landscape design and skeintegratsd art for the awar"nning adaptive reuse of the historic Inglewood Forum. City of Las Vegas: 2013 Completed$-year Public Art Master flan for the City of Las Vegas including devebprnent of new guktellnes, procedures and financial madnanisms Americans for the Arts 2013 Organized and hosted a seven session webinar serias on Creature Plaosmaking and Public Art Page 125 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 4 Barbara Goldstein Resume City of Pittsburgh,PA: 2012•Preseni Developed ARTSPGH,the public art element of Pittsburgh PA's Comprehensive Plan in collaboration with Urban Design Associates who are developing DESIGNPGH. City Of Pasadena:2010 and Ongoing Developing Public Art Plan and implementation strategies for City of Pasadena Fort Worth Arts Council:2002 Developed Public Art Master Plan in partnership with Jessica Cusick,Cusick Consulting City of Los Angeles,Cultural Affairs Department: January 1989-October 1993 Coordinated and implemented City's Cultural Master Plan,arts ordinances,public art program development and Commissan design review processes. Other Profeasfonel B periwm Director,Public Art Program City of San Josf:Office of Cultural Affairs,October 2004 to January 2013 Directed planning,budgeting,advocacy,policy development and implementation of the City of San Jose and San Josu4 Redevelopment Agency's public art programs. Key pmocts included the$6 million plus Art+ Technology Program at Minets San Jose International Airport,site4ritegraled art in 24 new libraries,six community centers,Happy Hollow Park and Zoo,and art in private development for Adobe Systems and The 88 condominiums.As a result of this work,in 2011,San Jose Public Art was recognized as the first Program of the Year by Americans for the Arts. Director,Public Ad Program City of Seattle Office of Arts&Cultural Affairs:October 1993-September 2004 Directed planning,budgeting,educational outreach,maintenance,programming and implementation of the Office of Arts&Cultural Affairs'extensive sited public artworks,portable collection and development of the annual Municipal Art Plan. Publisher/Editor4n-Chief Arts and Architecture Magazine:1981-85 Founded,published and edited award-winning,national non-prom(5011613}quarterly magazine on contemporary architecture and the arts. Books,Lectures✓li CutWoriril Magazine Editorial Los Angeles Correspondent,Progressive Architecture,1979-1989 Editor,LA Architect Newsletter,1979-1988 Books Contributor,Artists Reclaim the Commons,ISC Press,2013 EditodAuthor,Public Ad by the Boor,University of Washirglon Press,2005 EditodAutixx,Arts and Architecture,1940-1962,The Entenza Years,MIT Press,1990 and 1998 Editor,MacArthur Park Design Guide,1987 Editor,How the Arts Made a Difference,Hennessey&Ingalls,1989 2 Page 126 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 Barbara Goldstein RfsumB Magazines Articles published in Meman Report,Architectural Design,RIBA Journal,Architectural Review,Building Design, Domus,Architectural Digest,Progressive Architecture,LA Architect Arts and Architecture.Glass Art Journal.LA Herald Examiner and others. Teaching Associate Professor,USC,Fine Arts Department,Public Arts Program,1993 Lecturer,Southern California Institute of Architecture.1960 Lecturer,School of Environmental Design,California State Polytechnic University,Pornona,1978 Lecturer,University of Southern California,School of Architecture,1978-79 Curatorial Curator,Visions of Seattle Center,1994 Curator,Recycling Los Angeles:Artists Space Gallery,NYC,LA Municipal Art Gallery,1990 Co-curator,LA Now,Architectural Association School of Architecture,London,England,1983 Curator,Architecture:Myth and Symbol,The Art Store,1982 Co-curator,LA by LA exhibition,Los Angeles Municipal Art Gallery,1981 Lectures, Workshops and Symposia Lectures,workshops,symposia and panels to groups including:Netherlands Arts Council,Abu Dhabi Urban Planning Council,Arts Council of Korea,USIA Japan Tour,China National School of Art,Shanghai University School of AR,Creative Cities Conference(Canada),Winnipeg Arts Council,Americans for the Arts,College Art Association,PART)(Los Angeles Public Art Conference),UCLA Extension,LACMA Contemporary Arts Council, Santa Monica Arts Commission,Association of Collegiate Schools of Architecture,American Craft Council, University of Nebraska School of Architecture,AIA Pasadena Chapter,Las Vegas Chapter and Los Angeles Chapters,Association of Women in Architecture,Pasadena Chapter,Architectural Association School of Architecture,CSU Fullerton,and others. Honors Mayor's Pride of San Jose Award,January 2007,for development of Employee Values Project Commendation,Seattle City Council,September,2004 for arts leadership Recognition Plaque,Los Angeles City Council,October 1993 for arts leadership Nominated for AIA/Caldomia Council Grant in Community Playing,June 1993 Certificate of Commendation,Los Angeles City Council,August 1992 for arts leadership Organizational AffBlations Board Chair,ZERO1:The Art and Technology Network Board Member,Movimiento de Arte y Cultura Latino Americana Public Art Network Council,Americans for the Arts,2006 to 2011,Chair,2010-11 Board of Directors,Artspace Projects,2001 to 2005 National Advisory Board,Artspace Projects,Inc.,1992-2001 Education Fellow,Stanford University Distinguished Careers Institute,2015 BFA,B Arch,Rhode Island School of Design European Honors Program,Rhode Island School of Design,Rome,Italy 3 Page 127 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 was air■ son C U S lI C K Consulting Jessica Cusick Is president of Cusick Consulting, established In IM, which speciallnes In cultural policy, planning, and conmiu ratty development through the arts. Clients include the Califomia Arts Council, the City of Ventura,the City of Pasadena, Los Angeles County, and the Seattle Public Lltbraryr,among others. She was the cultural affairs manager for the City of Santa Monica from 2005 gumigh 2015, where she oversaw significant expansion in the City's support for artists and the creative sector, including the establishment of an artist fellowship program. As part of her work, Ms. Cusick developed Glow, a unique, all-night art event that drew over 200,000 visitors in its first year. She has taught In graduate program at several insfitubons, including Claremont Graduate University, Ode College of Art and Design, the University of Houston, and the University of Southern California. Ms. Cusick has a degree in art history from the Sorbonne in Paris and a master's degree from New York Univwslty. In 2014, she was awarded I'Ordre des Arts at des Lettres, one of Franoe's most iitusttrrious tWw for her diWnguished career in the arts. �N nmuA rs■r■■ ono.WwMw■wrt •• si■.ss�.���s •■ su.■sr.a�� u.NNaa.yet.a• Page 128 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 man man ■t■ C U S J C K Consulting SUMMARY Over thirty Yom of overiar" wodting in oarrtua+iy idevvioplierd and Do aft for Qovernn--- eparwies, Hie Wk*e eadW and noirilrofii organizations ExteiKive experience a an indepandsrit coeisuitarn p in strgis& pie v* , poesy dovMopnlal�t,ptojeld n++s+a9 nt progrsm evaktetion and staff trednKtg. Kay areas of vVe tise include advoc", pubic prooas, rnmialial govis rirnerk and resourrre develop 1, as was a guilds oft to partnerships and naiphborfwod revitalization prop is in which the ants play a substantim tole. EDUCATION Now York Einhwsity,Now York City,Masters.Fiends Literature,1979 Sorbonne.Paris,Francs,Liosnse,Art HMM and An*m)bgy.1972 CONSULTING Para Marst,Cusick CourultbM Venkw CA.IM—Pnaant Skralopic pig and ply drMbpritent tar»cow set to owelr dmo* • CAVarndt-Culver Ciy,Lot Ang"County.Paedow Saida 14ott1oe.Tracy, Vesture valet tiofywood • Kansas--aline • Tex"-"CUB$^Fort v"11,PW • mits vtugw-Plwae county.Seem Pubfa lbrarp SELECTED WORK EXPERIENCE Cultural Affairs Manager,City of Santo Monks,CA. 2006-2011 Manage staff and programs of ally drvWon with 24 FTE and a budget of 6 M. Interim Manager.Cultural Affairs Dlvialon.City of Vanhrra.CA. 2002-2003 Managed stall and prow ins of city division • AAenegemert responsibie for operating budget of 1.2111 in addition lo eapilal F*w • Slf ff SMV.n wtn eVs ko-sim errtptoyees • Ait dil AW'soic welructuwti the CWs owburai bulging lit"tant • Owninun y Prooerts.,ntbuAt MsMons*vAIh the artist aoetlrtnWly Director.Civic Art and Design,Cultural Arts Coune0 of Houston s Harris Courtly, Houston.Texas. 1994-1M Devebped new department iDr regional local arts agency • Planning produced use award wining Houston Franmwortu • &+abet Alenagamant secured ennuat operating budget(><20t1.000e)and retdbomtion dollar capital budget tt ough grants Slid Wntracts for 1 *V" • Stay Samervilolon.two fiA Wne sn0o Pees Pius perMirn s sad intntn • Spacial AVOM,W W pubic Private partnerstip to Mtpiaetert regional Nvic art Wfieives-"aired dvo eA Ngbblion of c*q at i?S% • pubes opokeepwwn tsr art ad dalpn omm.board rak"m for,Metro Art.Metropolitan Transportation Authorfty,Los Angeles,CA. 024 nttNU.sees +seal..u*"-a"„ •• ese,�ss.s■ss r■ ese,■es.tess �.•Nlee►Wwl•.. Page 129 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 IM—1984 Initiated and oversaw award MnrkA art program for six billion dollar reel lrartieportalion eyetwn. • developed and ksrplemerMsd 890"an po" • A djef M mrwpsd $15 M plus mull lw combWW opers" and capW inttoMel W burt9at • SiaNW Rva1Awne ,pka1 .•AY,Iw and • Gamat#*Room dwMPed an CWMU* parkoom p /OU Ibr 9n deso of 66 sWaons • OuhaadwE+duadon:pubfc spokesperson for art and daelp wouss,board telobaw Curator, Macklowe Collection of Contemponwy Art and Hemnareltiold Plaza 8cu"M Go den,Now York.MY.INS—19139 Project Diroctcw,The Public Art Fund.bra.,Now York 11Y.1979—1984 Manager.Zabriskie Gallery,Pule,Franco.1976-1979 PROFESSIONAL ACTIVITIES AND AFFILIATIONS • Member,Board of Dkmck m Arts for L1.2010- • Ar;itaW�{l�iomfsww, Ads Maanopwnenf Program, Ckwen wd Graduafa a i,[r.2W8—2013 • C*4bur .dear, Tran0brmA New od"ne,20M • A*NW Roftow Pubic Art Mud*4 Uw rsl?y►o15'outlrem CaNwr4k Loa Anpelleg 1992-204 • Oba;Naffonat Ati Imy G xvwk Public Art NMwork 2000—2002 • Obsk,Rubins Art Network stsw*V oomraitloe, 1998-2000 • Aftmhor NAM"A&twy BoerK Public Ad Review 1996 2003 SELECTED PUBLICATIONS • Moe Vft a Public Art Plum"for Pubbc Art By the Boob University of Wsehinglon Prop,2405 • -Pubic Art A CiWc&Ading Block,'Uni etelty Gat AAuawn%M row,Tom, 2000 ExhibBon catalogue • 'Hands On—A Public Rota in Trana6 Art„•Plecea,Summer,1994 • 'ln 9r WWdng:Drv*NW by Sculptors:Sccdpturo Carter,Now York CI1y,1988. • 'MyW al Manage:Chiseled and Sawn.'June Kelly Gallery.New York City.1986. • "Soul*##Aspen.'Aspen Gat Woman.Aspen.Colorado.19M. E461tion • 'In Three Dimerrakm:Rooent Sculpture by Wwnm'Pratt Mrmtraltan Center. New York City,ISO& Exhlbton cablbo a. • Tan Yom d Public Art-The Urban Center,Now York City.1962. E"kwn wit. • Arthur Gibbons.Fn ns Gallery,Now York City,197& Exhibition catalogue. LANOUAOES • F0vKJ Spanish and Italian Page 30 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 Exhibit B: Consultant's Proposed Timeline/Deliverables/Payment Schedule C*r of levee War*ftiie An MWW rlrt tri% tk�ltadkd. TIMELINE DELIVERABLE PAYMENTS ltlliAi!!M mianageenent.admini aratlon,crirrsmainlration with 15%contra"at Onto" taff(including bi a ty phone updatet),submnrion of Contract execution act execution ssibcantras:t with CnssaCk media updates(Including meeting pfwto3)in partner ship Content far f/ternal Ongokv with FWPA stafftot posted tj FWPA Communication Meat with FWPA stall to tax public art,l am about the FWPA Months 14 program and dhcuss project adrviWiUatiom protocols,and Pragms Report 1 Consultant's dellrtraWes and schedule Faci6atate a Work Session with the Fort Worth An Commtr sion Mnntfis 1-! to-kki off-the Pan Update project,seek their input on specific Progress Report 1 areas to address and review selection process for artist subcontractor Renew ecloing documents including FWPA program policies Months I-2 procedums and guukelases and related City procesvi:llRtft Progress Report 1 source specific pubbe an plans(and stdusj;and,community and urban design pt+ns. 6ntertRew select internal sukefnoldetrs including s/all from City 20%upon deflwv of Months I Manager's ombl f l aw"WO O"kwr aatd apgrpp Qty Progress Report 1 Progress Report 1 and Departments, acceptance by Contract Manager Work with I WPA staff and the Art Commission to identify key w.sternal stakeholder Croups and kxK-%dual,and additxxeal Month l wars stakehakders for hrther outreach ss'eatl m of Pragreas Report 2 m Plan Advisory Committee. Conduct selection process for artist led outreach project and Month S nego"iii,&dW subcontract:peepme brie(wtitter report on Artist Selection results for the Art Commission Renew placernen"and diversity of FWPA collection(including projects In-progress,evaluate(anvrxmey ID and Mural Month$ programs: befit-1—1hlrlk koRepom fiW kooks atttum and Progress Report 2 her other artwork types,including temporary works and alternative acpuismon methods. CUM UM AND nMLK P'A/1TM7fAT1t)M Month 4 Launch artist led outreach to re(dents mall 8 City Council Public Olorkh Annuurscemenu Consultant and Consultant%ubcontractor Conduct Community atitroach to a wide ranee al Maksaftttldara aid"pnwrA public, including(but not llrrslted to( AIt4 OfflR1ladars aad rtMriMws Aadsts D1111110— Is%upon delivery of iti trlaaa etldaei buol an iNaCMtleM4 tarparadaan, Progress Report 2 Months 4.6 pd-ft Progress Aeporl d and xcsrptarze by FOUN&II101%sdWak uAWWSW- Contract Manager Tom*aid sudor'op bdonf, CalrlrRrRN o laa kin aid Newmbafiood BMWs flat Ado boo p OalrttrAn Of estafrft0*4 "uvesch wA lalcltrdt how-dow loos gawp`and one ptikf4 forum Page 131 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 eulr oaf iMt Weadi rghk AMt after Mba Wd"S go sdt.twdM Create a report descr*lne f"WVs,issues,apporwnitle:.and X%Warr do*very of Month 7 emerging therms and review with FWPA and City stale Progress pepwt e: Progress Report 3 incorporate input from attht trd engagernent prose lm. Findings and acteptancr by Contract Ptvwnt firxrwgs and awwging themes to City Council, Art Month b Conrrnhtion and Plan Adviw v Cortarattee Ia eslaWashed} Publit.Presentatlons Second Public Forum Month 8 Participate in Pubh¢Art scum bUff ltMiX UT ggAl1LR tl AIV UlO 5 Draft Public An Mastar Ptan Update InchrOing: IiaMMaldvp tggnerartaaMSk aced pita�mitMMtt�feMK peft*li lereM' Me foisi 10 (IM P v&vdnetr flit etf f*W pr*c"end eppolu"Id" lnAAttt""Naff tAMecttetnneftdgttoMls 20�upw of Month 7 ft4%v*%"bu*RethtMn"!I Draft Plan Update Draft Ptah Updates Rafinaneant.:O plan update based on review and romment by Rev"od Piro Update Montt+10 internal stdaholdam inchiding City Councl-Art Conoii sion Document&PPT and Plan Advisorr Committee I if estaWished tesentation Month 11 Present Anal draft to Fort Worth Art Comnilssken for Further refinement. approval/recd nor endat+ot to Oty Council as needed Final,refined Plan Update Document 10%upon rnmpktwo and PPT presontatitm of plan update Month 11-12 Presrat final draft to City Council to Contract Manager reffeernents and and nuke make Presentation to pres.entatWn to City City Council toumil Page 132 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 Exhibit C: Artist-Led Community Outreach Budget Form FORT If 0M ftNM AKt PLOT aflDW wsatoan+pl�IM hYilr♦tbut aett atddl a Aorbt ors�ifrnata oonwpilas wf�psi wi atials po MaaP 9�rs}iot a1 Naap daslpnrt+It1 wHh ah Cast hrrcraases mud ow two a wr41 aMtlrt*ta ahIOdIsd. ARTIST'S FEE TRAVEL w arf➢S who Ikw mm than W mW fndm Fort Worth) AW%M Gar Ranh Par MW Ea WvW at$pa day Ltbw at$,_per nab INStJtANCE AubN*W Vd9de tw,NI ciwwW key for Ar1YR I fficrbooraraiaors W~6 Carp.I empbrWe Usbdy OMw,ss oppocom ADMONSTRATIVE EXPENSES PhandFax Osarnyl8lnI II g 0--!*#MWwrut,samba mo MI dr WMV 00 Rrpropr"Nc Swvroa Sr+PP�aa PROFESSIONAL CONSULTANT FEES (it spp9csbte,drwft no be siprrad aW ssshd by a prokuk"rspiawsd b pracbm In Bra Soft d Twaa) And*$Kr ONtak"16n wo, IEMtIbbM Err7Mww` ObealhrpNf' Phc*Vn +w(br daparAnW w►of oarelp 1 i OW 0hW MATERIALS aI I a ooarpisls W d am*"*.NWWW as arii0000 aapoft WW wo ponwMa wflr par w*coat aa9rr4dn) triebrdais'Total FABRICATION COSTS pwduda and ftsnrar ar p, I r d subow4racMd weak and work to be oc*ew by waN.) Artrda Labor(_h mm at$pw hoer)TOW Su b....I acwd Labor'(TOW Fad1IyIP.4u *W*Road tow*X0Ar4WY 1w Mb Ixorsetl MOW 10 b6 t e'an SITE PREPARAT)ON ()s nN Waho rr Costa aarsrad bi FWPA,My of Fort WOO a dfws) Tao DOW Rarsow Fbeft'll-N 10 EI I III aI 610MANNOW Waft Wwk#AwhsnW*Dewar Q91sr' lR++�wd WY 7CIt 1) Page 133 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 ' 6 TRANSPORTATION Materials to Fabricaboe Site' Firshed Work to btetaMM SW Otter' BASFIMOUNTING Base Mounting Devices and Camponerrts FasiclathonfFooft Other INSTALLATION COSTS (Crib must Indude"tine for after hats itsstaL",if appirable.Please attach a MOM 19 of M41nent and Indlvktuat estimates vMh this tam) Subcontracted Labor scaltol6ltg' Equyment Rental rebted to ivllalaki? Oft4ugr PalydSaaatiy' Tra is Safflaw Stange FacRy RBrrtiP city Pernift DftPI2y Devices Fi®ctoeitg" site cow LIGHTING Designers• Fu ffee Btabs' Site Praparalforr' Wtafallorr° GRAND TOTAL Please make any necessary notes two: Prepared Sr. Date: (Revised Ad3y 201f) Page 134 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 R J � Exhibit D: Insurance Requirements(for Artist-Led Community Outreach Project),if required by City PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work, then Artist shall also require his/her subcontractor(s)to abide by all of the following insurance requirements. Commercial General Liability(CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: premises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis,and be as comprehensive as the current Insurance Services Office(ISO)policy.The policy shall name City as an additional insured. Bailee's/Property(if applicable) The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork,which is entrusted to the Artist and is considered to be in the Artist's care,custody,and control and shall include property"in transit." Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non-owned. For Artist and/or Artist's Subcontractors who have employees: Workers'Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Bodily Injury/Disease-policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act(Art. 8308— 1.01 et seq. Tex. Rev. Civ. Stat.). Page 135 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers,Employees and Volunteers as an"Additional Insured"on all liability policies. Exception: the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Artist is responsible for providing the City a thirty day(30)notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage,or otherwise alter or disallow coverage as required herein. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company,then the subcontractor must obtain language on their certificate of insurance confirming that its insurance policy extends coverage to operations in the United States. All insurers must have a minimum rating of A-VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. Unless otherwise stated,all required insurance shall be written on an"occurrence basis." The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law,court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms,conditions,limitations,or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Exhibit E: Sale Tax Exemption Form Page 136 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 �.eww TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION w qrq d Fa/ Taos _ AwwM~a Air,P a d w�ww r�rw1 iPM�r aa`fee rtirf HM Theoet smian MNt .__ l"74u4m Fort Ties"mn k M plorchsnr nanud ab as dslm an saga so, loom d aatw and sao lams(br Mls pssdlaaa of ltetabls isms dstaesd batw Cron sea slsohld adll or 61,«0+00 swwr 4200 sb.M.aa�.n Cy,SN"a►aob: �d sea.b M osedraosd or aR Il+s srdrd aedr ar twsloc AN Noma snoop seolor vahk*m as NsMd balor pwd" m dom sae aarn1"' au ar blowleip MOWL Mrwddpe ft.Govermnental Eney 1 oedarMOnd to l l em bo leer for oar I b oeawyll two d"Tae Cade ax " sa aooloom ter lrnAM+Mon/MefifesoowhaloinarbpArasseMM�onic+WbMUArblrralMrMrMrllwo�atAeMsdprao!►1ar, afbssesibanlwwro/iMAanMfsaYMwerdhow t+erlRrwllR wddeps�rMnpor+MawaddlR MsAeIC Maieu�er4°��P Wes cars C soI ue.soor to s Aeby dM,.00rd a 0 IToe:' Fiwwx Obeck rACM — 23,20% wa m Tlr aoMNoMe annsi ba Ysusd at rte ourelrsa bw ar Alray d•sioler Ms1Me1. IM CO"Fr-ATE DWS NOT tiEDOM A A"NER TO BE VALD. "wo awd un Tom Tmonivson Its WAW W rm ENEW W-6—do ad-M Tfae osrlaoeb MioeYf M fueiMelnd b h e�dM.Ds net swis ar opoglMrd aoAMcde b b Cew�osaler a P�cllaeowae. Page 137 of 37 Agreement Between the City of Fort Worth and Barbara Goldstein& Associates for the Fort Worth Public Art Master Plan Update Project Execution Copy 7/1/16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-61914 Barbara Goldstein&Associates San Jose,CA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/25/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract FWPAMP16 Public Art Plan update for City of Fort Worth 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Cusick,Jessica Venice,CA United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFI I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. HENRY W. LI Commission#2052769 l z :°m Notary Public-California D z Santa Clara County My Comm.Expires Jan 17,2018 Signaturp'of auth9tized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Y r1R�� �u E 41040 J! "IN .this the 2—,5- ,5-T� day of I W A y to certify which,witness my hand and seal of office. tn; : �J Y 0749Y Signature,'of officer dministering oath Printed name bt officer administering oath Title of officer administering oath Forms provided b s Ethics Commission www.ethics.state.tx.us Version V1.0.1021 COUNCIL ACTION: Approved on 6/14/2016 -Ordinance No. 22258-06-2016 DATE: 6/14/2016 REFERENCE NO.: **C-27761 LOG NAME: 06PUBLIC ART MASTER PLAN UPDATE CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with Barbara Goldstein d/b/a Barbara Goldstein & Associates in an Amount Up to $120,000.00 for the Development of the Fort Worth Public Art Master Plan Update, Including a Citywide Local Artist-Led Community Outreach Project and Contingencies and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) REC0MMENDAT10N: It is recommended that the City Council: 1. Authorize execution of an Agreement with Barbara Goldstein d\b\a Barbara Goldstein & Associates in an amount up to $120,000.00 for the development of the Fort Worth Public Art Master Plan Update, including a citywide local artist-led community outreach project and contingencies; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$50,000.00, from available funds, for the purpose of funding the Fort Worth Public Art Master Plan Update Project. DISCUSSION: On September 30, 2003 (Mayor and Council Communication (M&C) G-14087), Fort Worth City Council adopted the Fort Worth Public Art Master Plan, developed by Cusick Consulting & Associates and recommended by the Fort Worth Art Commission. The master plan set forth a vision and broad recommendations for the program, a future project list, guidelines for artist selection and design review, as well as processes for the review of gifts and loans of art to the City and deaccession of artworks. In this 15t11 anniversary year, the Fort Worth Public Art (FWPA) Program has completed 58 commissioned artworks in locations throughout Fort Worth with many more in progress. In addition to the commissioned pieces, the FWPA Program maintains and conserves 46 City-owned public artworks, most of which pre-date the establishment of the FWPA Program, as well as recent artwork gifts and acquisitions. The FWPA Program regularly engages the public in the artwork commissioning process and through other events and related programs, including exhibitions, artist workshops, dedications, lectures and tours. Authorization of this Agreement with Barbara Goldstein d\b\a Barbara Goldstein & Associates (Consultant) will enable the Fort Worth Public Art Master Plan of 2003 to be updated, "to confirm that program initiatives reflect community priorities," as recommended in the Fort Worth Cultural Plan Update of 2014, by a highly-qualified consultant after seeking input from the community through a series of individual interviews with Mayor and City Council Members and City staff, focus groups with community stakeholders and local artists and public forums and after conducting a robust and innovative citywide local artist-led community outreach project. The Consultant will synthesize the community input received and formulate recommendations to improve all aspects of the FWPA Program, including guidelines for artist selection and design review. In addition, the Consultant will seek input on potential locations and approaches for the Iconic Artwork for which funds are being set aside. Consultant Selection Process On December 14, 2015, the Fort Worth Art Commission recommended a consultant selection process and the consultant's scope of work to include: (1) Research and Assessment; (2) Input Gathering; (3) Preliminary and Final Recommendations, Presentations and a Final Master Plan Update Document. The Request for Qualifications (RFQ) was advertised nationally with a deadline of January 25, 2016. The Consultant Selection Panel (listed below) individually scored each team using an evaluation matrix. On March 9, 2016, the Consultant Selection Panel agreed to invite the three applicants with the highest scores to Fort Worth. On March 31, 2016, the applicants/finalists presented their qualifications to the public at the Fort Worth Central Library, Tandy Lecture Hall. Attendees were given the opportunity to ask questions of each applicant/finalist and to submit comment cards for the Consultant Selection Panel's review. On April 1, 2016, the applicant/finalists were interviewed after which, the Consultant Selection Panel unanimously recommended Barbara Goldstein d/b/a Barbara Goldstein &Associates for the project. Consultant Selection Panel • Renita Garrett, Chair, Fort Worth Art Commission • Jennifer Casler Price, Vice Chair, Fort Worth Art Commission • Greg Ibanez, FAIA, architect (Past FWAC Chair) • Mark Thistlethwaite, Ph.D., Art History Chair, TCU (Past FWAC Chair) • Devon Nowlin, local artist, TCU Gallery Manager • Randle Harwood, Director, Planning & Development Department • Martha Peters, Vice President of Public Art, Arts Council of Fort Worth The Fort Worth Art Commission approved the Consultant Selection Panel's recommendation on April 11, 2016. Funding in the amount of$70,000.00 for the Fort Worth Public Art Master Plan Update was appropriated from the Specially Funded Capital Projects Fund on February 9, 2016, as M&C G-18667 and the project was included in the Fort Worth Public Art Fiscal Year 2016 Annual Work Plan, adopted by the Fort Worth City Council on October 27, 2015, M&C C-27515. An additional $50,000.00 will be appropriated from the Specially Funded Capital Projects Fund upon approval of the attached appropriation ordinance. Project budget and funding sources are as follows: TOTAL PROJECT BUDGET AMOUNT Total $120,000.00 FUNDING SOURCE AMOUNT APPROPRIATIONS Specially Funded Capital Project $ 70,000.00 February 9, Fund (Subfund 98) 2016(M&C G-18667) Specially Funded Capital Project $ 50,000.00 This M&C Fund (Subfund 98) Total $120,000.00 r i„ i M/WBE OFFICE -The City's overall MNVBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on public art annually. The project serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds in the amount of$50,000.000 are available in the Specially Funded Capital Projects Fund for the Fort Worth Public Art Master Plan Project. Existing appropriations in the project are $70,000.00 of which $0.00 has been expended leaving a balance of $70,000.00. Upon approval of this action, funds totaling $120,000.00 will be available. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2) 39007 0130415 4956001 100204 009880 2016 $50,000.00 39007 0130415 5330500 100204 009880 2016 $50,000.00 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID _ Year Chartfield 2 39007 0130415 5753305 100204 009880 2016 $120,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS 06PUBLIC ART MASTER PLAN UPDATE AO.docx 1295.pdf