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Contract 36619 (2)
AGREEMENT FOR DESIGN AND CONIlVIISSION OF PUBLIC ART WORK AGREEMENT BETWEEN THE CITY OF FORT WORTH AND "AVID KEENS, INC. This Agreement, entered into this day ofprule , 20089 by and between the CITY OF FORT WORTH, a homemunicipal c rporation of the tate of Texas (the "City"), acting by and through Carl rt, its duly authorized Acting Assistant City Manager and David Keens, Inc., (the "Artist") of 4901 Cross Creek Ct., Arlington, TX. 76017. The City has designated THE ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, Inc., (the "Contract Manager") to manage this AGREEMENT on its behalf. The Contract Manager shall act through Anne Allen, its designated Public Art Project Manager. 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, (the "City Code"), 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 artists into the development of the City's capital infrastructure improvements and to promote tourism and economic vitality in the City through the artistic design of public spaces; and, WHEREAS, allocated from the 2004 Capital Improvement Program (CIP) as part of the Long -Range Public Art Plan for the 2004 CIP approved by the City Council on May 17, 2005, are funds for the design and production of artwork at, or in the North Park YMCA (Proposition 2); and, WHEREAS, the City, in conjunction with the YMCA and pursuant to the City's Lease Agreement with YMCA of Metropolitan Fort Worth (the "YMCA Lease"), is constructing the North Park YMCA and Community Center, to be located at North Beach Street and Shiver Road, in far north Fort Worth, TX, 76137, more particularly described in Exhibit "A" hereto (the "Site"); and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission to design, fabricate and install a sculpture (the "Work") to be installed in the lobby area of the YMCA, available to YMCA members, guests and the general public that will utilize the North Park YMCA and Community Center; and, WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed and implemented in order to promote the integrity of Artist's ideas and statements as represented by the Work. 02-12-08 A08�52 �N 1 NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows. ARTICLE 1 SCOPE OF SERVICES 1.1 General. a. The Artist shall perform all services and will furnish all supplies and materials as necessary for developing a preliminary design of the work ("Preliminary Design") and final design of the work ("Final Design") and for providing the Preliminary Design Deliverables and the Final Design Deliverables, as set forth in Sections 1.3. and 1.4 of this Agreement. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Prior to commencing work on the Preliminary Design, Artist shall meet with and seek input from the community stakeholders group as designated by Council Member Sal Espino, Parks & Community Services Department staff and the project architect Hahnfeld, Hoffer, Stanford ("Architect"). c. The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and acceptance by City as set forth in this Agreement. The location at the Site in which the Work shall be installed shall be mutually agreed upon by the City and the Artist. d. Artist shall coordinate with Architect to ensure proper integration of the Work into the Site and into the construction documents and to ensure that there is sufficient structural support and appropriate lighting for the work. e. Upon request by Artist, the City shall promptly furnish all information, materials, and assistance required by the Artist to the extent such materials and assistance are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. f. The Artist shall perform all fabrication services and will furnish all supplies, materials, and equipment as necessary for the transportation and installation of the Work at the Site, as set forth in Section 1.5. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. g. The Artist shall install the Work on dates and at times mutually agreed upon by the Artist and the City. h. The Artist shall participate in one public education event in Fort Worth at a mutually agreed upon date and time. 2 192 Artist Selection. City and Artist acknowledge that the Artist has been interviewed and the Artist's qualifications have been reviewed and approved by the Fort Worth Art Commission as the basis for executing this Agreement with the Artist. 1 3 Yrelimmary liesi�n riia�v L�ll��lu�=��• Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Section 1.3 a — i (collectively, the "Preliminary Design Deliverables"), to the City for approval. Preliminary Design Deliverables shall consist of the following: a. Two conceptual design illustrations showing the proposed artwork from three vantage points (One illustration shall feature the Artwork as it would appear to a visitor viewing at close range from inside the 1 ebby/ tceoui h the glasOne s storefronttion shall windows on areas feature the Artwork as it would appear v g that wrap a portion of the exterior of the building) and a plan view; these illustrations shall be supplied as illustrations of at least 20" x 30" mounted on foam core and/or in a high resolution digital format, such as a Power Point presentation; b. A narrative description of the Artist's concept, proposed materials, fabrication and installation methods, timeline for completion and maintenance and preservation requirements; c. Installation diagram, including approximate weight of the artwork, proposed base, footing, or attachment method(s) and, if applicable, locations) for any electrical outlets and spot lighting fixtures; d. Project Budget on the budget form attached hereto as Exhibit "B" with detailed calculation and/or written estimates for a total not to exceed $42,300; e. Material or fabrication samples and/or prototype models for the Artwork that shows its size and placement in relation to the Site, as appropriate; F.Artist shall present the Preliminary Design to the Fort Worth Art Commission, the designated community advisory group, the YMCA, City officials and, as required, for review and input, g. The City may require the Artist to make such revisions to the Preliminary Design as the Artwork to comply with applicable statutes, ordinances or are necessary for regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. h. The City may also request revisions to the Preliminary Design for other practical, non -aesthetic, reasons. 3 i. Artist shall provide copies of Preliminary Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive. 1 4 Final Design Phase Deliverables. a. Artist shall provide comprehensive working drawings detailing the means of installing the Work on the Site, including attachment methods for the Work, together with such other graphic material as may be requested by City in order to permit City to carry out structural design review. These drawings must have a State of Texas - licensed Engineer's and/or Architect's seal as required by City. b. Artist shall present the Final Design to the Fort Worth Art Commission for review and approval. The designated community advisory group, the YMCA, City officials a shall be invited to participate in the review of the Final Design. c. If Final Design departs substantially from the Preliminary the City reserves Design, Artist provide Final Design presentation materials for the the right to request that the Artwork. d. Artist shall provide the Final Design presentation materials, if applicable, to the Contract Manager to become part of the City of Fort Worth Public Art archive. e. Prior to installation of the Work, Artist shall provide to City written instructions for appropriate maintenance and preservation of the Work. The appropriate maintenance and preservation instructions shall not be substantially different from the maintenance and preservation anticipated and conveyed to City for the Work in the design phase for the Work. 1.5 Execution of the Work. a. Upon approval of the Final Design, Artist shall promptly furnish to the City a schedule for the completion of the fabrication and installation of the Work, including ission of progress reports, and engineered drawings if a schedule for the subm required. After written approval of the schedule by the City, the Artist shall fabricate, transport and install the Work in accordance with such schedule. Schedule changes may be accomplished by written agreement between the Artist and the City. b. The City shall have the right to review the Work at reasonable times during its ide City with a written fabrication. Artist shall, upon written request by City, prov progress report detailing the progress made toward completion of the Work and the remainder of work to be done to complete the Work. C. The Artist shall complete the fabrication of the Work in substantial conformity with However, Artist may present to the City, in writing for further the Final Design. review and approval, any significant changes in the scope, design, color, size, material, or texture of the Work not in substantial conformity with the Final Design. n in light of the Final Design, determine whether a The Contract Manager shall, significant change requires City approval. 1.6 Delivery and Installation. a. The Artist shall notify the City, through its Contract Manager, in writing when fabrication of the Work is completed and is ready for its delivery and installation at the Site. b. The Artist shall deliver and install the completed 1 S.a.Site in compliance with • r vided, however, that delivery the schedule approved pursuant to Section , P and installation activities may not commence until written permission is delivered to the Artist by the Contract Manager. " c. Pursuant to Article 5 of the YMCA Lease, attached hereto as Exhibit " C , the YMCA will be responsible for the construction of the ite for the insding the tallation of the q Work.eering The and labor associated with preparing the S ineering for the grid structure from which the art YMCA has provided design and eng ly elements wthe source for the mterials, aicion ill be suspended, and shall su Work, and shall provide ligh fmg for the and installation of the grid structure for theo construction documents entered into by the YMCA pursuant Work, as provided by theuding costs to the YMCA Lease. Funds for the constructionof the Work aree Site, provided associated ded by both the with preparing the Site for the installation nmet and caing of YMCA and the City in accordance with i ht e pportio o fabricateandinstallthe grid contribution of funds in the YMCA Lease. h structure for the sculpture shall be part of the public on budgetbudget. The cost to provide lighting for the Work shall be part of the cons d. Artist shall be responsible for (i) all costs associated with the materials, fabrication and installation of the grid structure for the Work; (ii) all engineering, fittings, suspension lines, materials, supplies, and methods of connection necessary for installation of the Work to the grid support structure and he blown costs lass components tIved with o (iii) installation of the Work, including attaching t g grid structure, and all costs involved with same. tor, shall e. The Artist, individually and through its subcontractors, including integrity and finish of the take all necessary precautions to protect and preserve the installing the Work. The Artist shall repair any damage to Site while delivering and on of the Work and/or its negligence or the the Site due to delivery and installati negligence of its subcontractors. ll on the Work f. Artist shall provide protective cover for the SWork, Artist shallaprovidennst instructions to through the duration of construction at the when construction is complete. the City's General Contractor for removal of cover 1.7 Post -installation. a. Within thirty (30) days after the installation of the Work, showinshall g Work furnish at east 2 an original set of high resolution digital files and jp g vantage points, as selected by Contract Manager, to document the project after the Work is installed. b. The Artist shall be available at such time or times as maybe agreed between the City the and the Artist to attend any inauguration or presentation ceremonies relating to for transfer of the Work to the City. in suchhe l art publications ty shall use itsand otherwise est efforts to as may be publicity for the completed Workpracticable following determined between the City and the Artist as soon as installation. 1 g Final Acceptance. ist shall advise the City in writing when all services required have been Included in such notice In The Artwith the Final Design. In completed in substantial conformity from the Artist shall be an affidavit, attached lies used in the performanceereto as Exhibit 111)" ofthis certifying that all bills relating to services or Supplies Agreement have been paid. b. The City shall notify the Artist in writing of its final acceptance of the Work ("Final Acceptance"). c. Final Acceptance shall be effective as of the earlier to occur of (h the date s the City's notification of Final Acceptance; or, (2) the 35th day after the Artist has sent Cityun er Section 1*6ea unless the the written notice to the City required uniiraon of the 35 day period, gives they Arts receipt of such notice and prior to the exp iidescribing the services which have not been completed. written notice specifying and 1.9 Risk of Loss. The risk of loss or damage to the Work shall be borne by ct the Work the Artist prior to Final l take such measures as are necessary to prote From loss or damage until Final Acceptance, including but noe shall be borne b r the sC Acceptance, and the Artist shallimited to the P property loss insurance; except that the risk of loss or damage Y rompleted ior to Final Acceptance during such periods of time a ps thoe pts agents for the ply or wholly urposes of Work is in the Gusto erformin control any otheror lanc Mary services to the Work. movsion of the ing, storing, or p g ARTS COMPENSATION AND P 2 NL, The City shall pay. the Artist a fee no � totex ,eedh "Feel W�hsnail CUM r� terials hed st der full compensation for all services performed and mfinal designs execution, fabrication, ation, this Agreement, Inclusive of conceptual design, transportation, installation, insurance, incidental e° aid as follows; of fabrication and installation, and all travel expenses. The Fee shall b p (a) $8,460.00 upon full execution of this Agreement. (b) $14.805.00 upon Fort Worth Art Commission approval of Final Design. (c) $14,805.00 upon verification of 100% completion of individual elements, ready to install. (i $4.230.00 within thirty-five (35) days after Final Acceptance and receipt by City of such documentation it may require concerning payment of services and supplies rendered to the Artist [see Section 1.6 (a)]. g, Notwithstanding the foregoing, the Artist may request from City contingency funds in an amount up to $4,700.00 for addition Ccosts hallspay the Contingency Fundsociated with the Work that to incurred by the Artist ("Contingency Funds) City rting documentation by the Contract Manager and the the Artist upon receipt of suppo Artist and upon approval by Contract Manager of the Artist's request. 2.2 Sales Taxes. excise The City is a tax-exempt organization and no stahall sute or cal sales he tArt Artist with the axes or l"Texas taxes shall be due upon the Project. The City s pp Y _as Sales Tax and Local Sales Tax Exemption Certificate," substantially it �use by Artist form n the that attached hereto and incorporated her en fulfillment of this Agreement. 2 3 Artist's Expenses. Artist shall be responsible for the payments t notl limited ed to enses 1 services, dmaterials, m perforance of this Agreement, including but mailing/shipping charges and insurance on suband/or employees eesns to e necessary for cost of llthe vproper costs for c of the services required under thisAgreements performance ARTS 3.1 Term. This Agreement shall be in effect from the date to suchmrov s ins in this�Agreement Agreement, and, unless terminated earlier pursuant p shall extend until final payment to Artist by City, whichever is later. 7 3,2 Duration. pleted in The services to be required of the Artist set forth in aslero proposed by the1 shall be m"6st and accordance with the schedule for completion of the videdkhowever, such time limits may approved by the City pursuant to Section 1.3.a.; p be extended or otherwise modified by written agreement between the Artist and the City. The Artist shall bear any transportation and storage charges incurred from the completion of the services prior to the time provided in the schedule for delivery. The City or the Artist, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' controlor Acfederal is overnmenof God, co il tlo enderriot, imely insurrection, labor strikes, or orders of local or g performance of the parties' services impossible d Lions pectedly bu thesother i hwrit g suffering the impossibility or burdensome con the reasons within ten days of the onset of such performance delay, specifying . therefore. Fa(10) Failure to fulfill contractual obligations due breachto of conditions onebeynd Agreement; either Provided, reasonable control shall not be considered a however, that such obligations shall be suspended only for the duration of such conditions. ARTS WARRANTIES 4.1 Warranties of Title. The Artist represents and warrants that: a, the Work shall be the original product of the Artist's sole creative efforts; b. the Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; duplicate thereof) has not been accepted for sale elsewhere; C. the Work (or d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Work or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; e. the Work is free and clear of any liens from any source whatsoever; f. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; g, er shall be performed in accordance care, skill and diligence;aanld all services performed hereund laws, regulations, ordinances, etc., and with al necessary OLD h. the Artist shall assume the defense of, S EMPLOYEES, AGENNIFY T SHAND HARMLESS, THE CITY, ITS OFFICER , LOSSES CONTRACTORS FROM EXPENSES OF EVERY ALL MTYPE AND DAMAGES, ACTIONS ORICH THEY MAY DESCRIPTION, INCLUDING ATTORNEYCIFEESU9 TO SE ORHPOSSESSIO OF BE SUBJECTED ARISING OUT OF THE TY S THE WORK BY REASON OF AN ALLEGEDOWNERSHIPCTUAL AUTHORSH P COPYRIGHTO VIOLATION OR OTHER LACK OF ORIGINALITY. 4.2 Warranues �� ua��� ,•�.� �.,______-- ed in a. Artist represents and warrants that all work willbe defective or inferior accordance mate als professional "workmanlike standards and free and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Work) for one year after the date of Final Acceptance. b. Artist represents and warrants that the Work and the materials used are not currently known to be harmful to public health and safety. c. If within one year City observes any breach of warranty described in this Section 4.2 St. the Artist shall, at the request of the City, cure the breach that is curable by the Artiional conservation standards promptly, satisfactorily and consistent with Profess* roAfees Artist of such breach withreasonable expense to City. City shall give noticeo promptness. d. e. If after one year City observes any breach of warranty described in this Section 4.2 that is curable by the Artist, City shall contact lifetime, subject to Section n 73 rand to or restorations at a reasonable fee during Arks any necessary approvals by City's governing at ons.Shouldist alArt Artist bl have eunavailable l or refusal to make or supervise repairs or restor unwilling to accept reasonable compensationonservatorder hand m intenane industry ce expert* breach may seek the services of a qualified restorative If within one year City observes any breach of warranty described in this Section 4.2 that is not curable by the Artist, Artist is responsible for reimbursing City for damages, expenses and loss incurred by City aro osal s a land City accepted that However,t of the breach. may Artist disclosed the risk of this breach in the pof this Section 4.2. t shall not be deemed a breach for purposes occur, i E J�� ,tra`'fJ f. Acceptable Standard of Display. Artist represents and warrants that: and re air of the Work and any associated i General routine cleaning P working part s and/or equipment will maintain the Work within an acceptable standard of public display. Foreseeable exposure to the elements and general wear and tear will ii. minor the damages and will not cause the Work cause the Work to experience only to fall below an acceptable standard of publicdisplay. spay. the context of With general routine cleaning and repair, and within the Work will not iiis eneral wear and tear, foreseeable exposure to the elements and g peelings irreparable conditions that do not fall within an acceptable abradingandp eling experience p display, including mold, rust, fracturing, staining, chipping, g Manufacturer's Warranties. To the extent the Work incorporates iv. Artist shall provide copies of such products covered by a manufacturer's warranty, warranties to Citya e oto in warranties are conditional, and shall be voided by the failure applicable City l The for g g specifications and the applicable maintain the Work in accordance with Artist's sp artist in have the conservation standards. If City fails to maintain the Work in good condition, or at laixg 'on to other rights or remedies the Artist may and e in request that all credits be removed uity addition right to disown the Work as the Artist s creation an q from the Work and reproductions thereof until the Work's condition is satisfactorily repaired. +i,;� a,-tiele 4 shall survive the terminatior. or other extinction of this A eemen . ARTS INSURANCE AND �EMNITY 5.1 General. The Artist shall carry insurance as set out in Ex . hibit d in Section 1.7 here, ,fthe risk of damage to or loss of the Work shal Except as provided l, the fabrication and installation but prior to Final Acceptger be thel responsibility of the during fab and shall no long Artist. This risk shall transfer to the City Artist upon Final Acceptance. 5.2 Performance Bonds. 10 post any performance or nds lar The Artist shall not be required by the otheroauthority for performaneobonds sha it be undertakings, and any requirement of any the responsibility of the City. 5 3 Indemnity. a. VENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND ARTIST CO DEFEND, ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT TTEMPTED OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES RESPONSIBILITYRIBED �OF; CI Y ARTIST HEREBY ASSUMES A AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL OR OMISSIONS ITS NVOFFICERS CE SEES ORPROGRAM S EMPLOYEES, SUBCON RACTORSIEES PARTICIPANTS. b. ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REP ES LOSS TO FPEORSONS ORPROPERTY INJURY, DEATH, DAMAGE OR SUSTAINED BY ARTIST IN CONNECTION TWITH OR INCIDENTAL TO PERFORMANCE UNDER THIS ACJ c. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. d. This indemnification in Section 5.3 shall survive the termination or expiration of this Agreement. ART_ Cil 11 6 including all documents Final etheand/ r drawings which constitute or are Title to the Work, Design, shall pass to City upon Final components of the Preliminary Design an documents and/or drawings w Acceptance and payment for the Work. These ill be retained for archival and exhibition purposes. Artist's Preliminary Design, Final Design, Preliminary Design Deliverables and Final Design Deliverables and all other Work products under this Agreement shall become the property of City, without restriction on future use, except as provided below. 6 2 Copyri�ht Ownership. Artist retains all rights under the Copyrlgof the copyrightU S.C. Section 101 et seq., as the sole author of the Work for the duration u Prr�duction Rights. all e any a. In view of the intention that the final of the finWork be alWork,Artist norhshalloArtist grant additional exact duplicate reproduction permission to others to do so except with theartworks in the permission However, nothing herein shall prevent the Artist from creating future Artist's manner and style of artistic expression. b. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or display the Work for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the Work intended to promote or benefiis chart City, lts edpt bthelic sp public or or lts public whether revenueeis 0 regardless of whether or not a fee g otherwise received by City, shall be deemed a non-commercial purpose. itation, Artist agrees and understands that nothing in Notwithstanding the above lim this paragraph shall affect or limit City's absolute,unrestricted difyl destroy, removeenmove, City's full ownership of the Work to alter,change, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Work se when City deems it necessary within its discoretublicl worksrandto oimprovementstherwise �lm City's powers and responsibility in regard t p furtherance of City's operations or for any other reason$ a credit to Artist and a copyright notice c. All reproductions by City shall contain substantially in the following form: "© date, Artist's name." d. Artist shall use Artist's best efforts in any public showing or resume' use of a forme the folowing reproductions to give acknowledgment to Cn ty the public art cin substantialo lect on lof the City of an original artwork commissioned by and P Fort Worth, Texas." e to be e. Artist shall, at Artist's expense, causeeArt the United States Register Artist's name. of Copyrights, a copyright in the Work in th f. City is not responsible for any third parry infringement of Artist's copyright and not cting the intellectual property rights of Artist. responsible for prote ARTS ARTIST'S RIGHTS 7,1 Identification. The Contract Manager shall include credit to the Artist on theFort Worth Public Art website (www fwnublicart.or) and a permanent plaque at the site. 7.2 Maintenance. The City recognizes that maintenance of the Worb °II assure thatbthe Workeistlproperly integrity of the Work. The City shall reasonably maintained and protected, taking into account the mGnaTechnicalce candsprovided Ma6 enance Artist in accordance with Section 1.4 and Exhibit Record. '7 3 Repairs and Restoration. rations to the a. The City shall have the right to determine ime and to the extehen and if repairs nt practicable, ° the City Work will be made. During the Artists hfetimprovided, shall give the Artist the right to approve all major repairs and restorations; however, the Artist shall not unreasonably withhold approval for any repair or ly withhold approval of any restoration of the Work. Should Artist unreason shall have the right to make such repair intended major repair or restoration, the City or restoration. To the extent practicable, the Artist, during the Artist's lifetime, shall pair be given the opportunity to make or personally supervise majoory d d that the restorations and shall be paid a reasonable fee for any such services, p si nificant City and the Artist shall agree in writing, prior to commencement of any g repairs and restorations, upon the Artist's fee for such services. Should the Artist fail orations, te City shal havehe right to agree to make or supervise the repairs and rest restoration andlorlrepairstor make to choose another entity or person to assist with said repairs by the City. b. All repairs and restorations shall be made in accordance with recognized principles of conservation. c. When emergency repairs are necessary in order prevent r orearranged by City w further damage to the Work, such repairs shall be undertaken advance notice to Artist, and such repairs shall not be deemed to constitute artistic alteration. '`.WP �I 13 to cture or a. In the event that the Work I incorporatedeS�ctionuldistortion�mutilation or�other installation of the Work may subject it to d modification by reason of its removal. If removal of the Work would damage Teither s, the Work or the Site, the City shall have the right to remove the Work b any including destruction, in performing maintenance, repair, renovation, or reconstruction of the building, structure or in devoting realty to a new use. b. In the event that the Work is freestdanWithout damaginging, or ordestroyinginto a the Workstructure or the realty such that it may be remove building or structure, the Artist may be given written notice and 90 days to remove the rk, the City Work at his or her sole expense. Upon Artist's failure to remove tee n including its shall have the right to remove and dispose of the Work by any means, destructiom lfully destroy, damage, or modify the Work, except c. The City agrees that it will not wil as provided herein. d. In the event the Work is substantially d iftheeArts t gives written d or altered, the City of ce to the City represent the Work as that of the Artist that it is the position of the Artist to deny authorship on the grounds stated in this paragraph. e. The City shall at all times have the right to thor trade the Work.or remove it from public display. The City shall also have the re Work, ight to sell 7.5 Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 7.6 Artist's Address. The Artist shall notify the City of changes in the e city f r mlocating the Artist, shall be The failure to do so, if such failure prevents t city deemed a waiver by the Artist of the right subsequentlyArtNotwi hstanding thio enforce these s prow sion, Article 7 that require the express approval of the to locate the Artist when matters arise relating the City shall make every reasonable effort to the Artist's rights. 7.7 Adainonai ru luvi Nothing contained in this Article shall econ law, whih m y tri � or in he future be and remedies available to the Artist under r the applicable. 14 ARTS 11 Artist shall perform all work and services hereunder as t shall have exclusivindependent e Oontrol of, as an officer, agent, servant or employee of City. and the exclusive right to control the details of thle foe work r theaned ts and omissions ons of persons performing same, and shall be solely respons b his/her officers, agents, employees and subcontractors. anndtArti his/her officers, ers, agents as creating a partnership or joint venture between City employees and subcontractors, and doctrine of respondeat superior has no application as between City and Artist. ARTICLE 9 SUBCONTRACTING The Artist may subcontract portions of the s 1 Shall not adversely affect the designe Artist's expense, provided that said subcontracting appearance or visual quality of the Work and shall be carried out un Bement shall be supervision of the Artist. Any subcontract entered into under this Agr ormation expressly subject to the terms of this Agreement.alonrtwith a copy of he *st shall provide subcontract regarding all subcontractors, including its fabric g between Artist and each subcontractor. ARTICLE 10 TERMINATION 10.1 Gratuities. gratuities The City may cancel this Agreement if it is ro 0 t he Artist or any agent or entertainment, gifts or otherwise were offered o g Y representative to any City official or employee with maki g of anyetermtoward securing i determinations with treatment with respect to the awarding, amending,is respect to this performance of this Agreement. In theall be event t tied, in addito n toanany other the City, pursuant to this Section 10.1, the City rights and remedies, to recover from the Artist a sum equal in amount to the cost incurred by the Artist in providing such gratuities. 10.2 Termination for Cause. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this Agreement, the other party shall thereupon have the right to terminate this ivin written notice to the defaulting party of the intent to terminate Agreement by g g 30 days specifying the grounds for termination. The defaulting party shall have thirty ( ) Y 15 cure d, then hi gre after recei t of the notice to cure the default. If it is not vis on shalltnot relievepve the party terminate. Termination of this Agreement under this pro olation of the terms in default of any liability for damages resulting from a breach or a vi of this Agreement. 10.3 Termination for Convenience. Agreement may be terminated by either party, a. The services to be performed under this 30 da s before termination. The notice subject to written notice submitted thirty ( ) Y shall specify whether the termination is for convenience or cause. e Of the City, to b. If the termination is for the convenienc1 owanshall hright ce or antic' ated profit on an equitable adjustment in the fee (without a unperformed serve the right at its discretion to ices), in which event the City designs nhall s and models already prepared possession and transfer of title to the sketches, g and under this submitted or presented for submission to theed thaCity tno right�totfabricate or Agreement prior to the date of termination, proved execute the Work shall pass to the City. c. If termination is for the convenience of the Artist, to this Agreement pst shall remit to the rior sum equal to all payments (if any) made to the Artpursuant to termination@ i n A Tnrar�ac`liy Of Artist•_ a. ent of Artist's death or Artist becoming physically or legally incapacitated Agreement, the City shall have the right ices during the term of this to terminate this In the ev work and servi Agreement on payment to Artist or Artist's finished andunfinisheddraw ngs, performed prior to death or incapacity. Alll of the City. sketches, photographs, models and work shall become property b. Should Artist's design have been approved or if the Artist's work has progressed to s Sction the point of fabrication of the Work, in the event work Dueoregard shterminatin under all l bee emade 10.4, the City shall have the right to complete the for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 11 EQUAL OPPORTUNITY employee or applicant for employment The Artist shall not discriminate against any because of disability, familial status, race, co eve action to ensure that employees �a e national origin. The Artist shall take affirmat to the* treated equally during employment, without regardair national originiliSu familial istatus, ll race, color, religion, sex, sexual orientation , upgrading, demotion., —..r._ include but not be limited to the following: Employment- -I N, P � transfer, recruitment or pay or other forins of compensations, and selection for training, including apprenticeship. b. The Artist shall state in all solicitation or da e nts for shall receyment placed by or ive consideration for on behalf of the Artist that all qualified applicants employment without regard to disability, familial status, race, color, religion, sex, sexual orientation, or national origin. c. The Artist shall furnish all information and reports requested b the City,of andinvestigation shall permit access to its books, records, and accounts for pure ascertain compliance with such rules and regulations. d. In the event of the Artist's noncompliance with� nat d,orsuspended i nondiscrimination n whole or in Agreement, this Agreement may be canceled, part, and the Artist may be debarred from further agreements with the City. ARTICLE 12 MISCELLANEOUS 12�pliance. The Artist shall be required to comply Federal, to the performance of te Artistsery es under this and regulations application Agreement. 12 2 Entire Agreement. arties This writing embodies the entire agreement stand ndings, understanding oral orrwritten, etween the th referenceto and there are no other agreements and underg the subject matter hereof that are not merged herein and superseded hereby. 12.3 Amendments. No alteration, change, modification or amendment signed by eboth parties heretoandapproved valid or effective unless made in writing and s g by appropriate action of the City. 12.4 Waiver. No waiver of performance by either party shall be coconditions of this Agreements The nstrued as or operate as a waiver of MY subsequent default of any terms, covenants, and a default shall not be deemed a waiver payment or acceptance of fees for any period after of any right or acceptance of defective performance. 17 }�met^ U �G�� 295 Governing Law and Venue. This Agreement, regardless of where executed or performed, construed in accordance with the laws of the State of Texas. arising ftom this Agreement shall be in Tarrant County, Texas. 12 6 Successors and Assigns. shall be governed by and Venue for any litigation This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective successors A Agreement without hassigns. The el express writtenst may not consent onsent Agreement and any attempt to assign this gn the g of the City shall be void. 12 7 No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, 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 Contract Construction. The parties acknowledge that each parry and, if it so chooses, its counsel have reviewed and that the normal rule of construction to the effect that any and revised this Agreement 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 10 Fiscal Funding Out If for any reason at any time during any term of this Agreement the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agree 30ntdays City may terminate this Agreement to be effective on the later of (i) thirty ( ) Y following delivery by the City to the Artist of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 1211 Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 12 12 Surviving Covenants. The covenants and obligations set forth in legal incapacity of the Artist. 12 13 Right to Audit. this Agreement shall not survive the death or The Artist agrees that the City will havork cole the gectively ht to aRecordsl) atanytime during records of the Artist that relate to the W ( ears thereafter in order to determine the Term of this Agreement and for three (3) y Throughout and for three compliance with this Agreements all l Records availAgreementis able to he City on 000 (3) years thereafter, the Artist shall make a e to Throcicmorton Street, Fort Worth, Texas or at another notice (at least 72 hours) byphe 1City both parties following reasonable advance written and shall otherwise cooperate fully with the 12.1 City S uring any urvive expiration audits Notwithstanding earlier 6 3anything to the contrary herein, this Section termination of this Agreement. 12.14 Certified MWBE. If applicable, Artist shall make its best effort to become a certified Minority/Women ifirm with a certifying agency whose certification is Business Enterprise (M/WBE) accepted by the City under the City's M/WBE ordinance. 12.15 Survival of Provisions. The provisions in Articles 5, 6 and 7 shall survive the termination 19 or ARTICLE 13 NO — 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: Copies to: 2. ARTIST Carl Smart, Acting Assistant City Manager City Managers Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 David Keens, Inc. 4901 Cross Creek Ct. Arlington, TX. 76017 [SIGNATURES APPEAR ON FOLLOWING PAGE.] 20 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. PROVE S TO FORM: Leann Guzman Assistan ity Attorney Date. h(T{� Contract Authorization: M&C C-22614 Date: 1/8/2008 CITY OF FORT WORTH �%ting Assistant City Manager Date: David Keens, Owner David Keens Inc , A Texas Corporation Date. i ATTESTED BY: Mai Hendrix City Secr t Date: 21 Y� •.ra'1`J� EXr " ���� 22 'v��L� �)��G?� �1�� `J Exhibit B: Budget Fot-L" FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt estimate complete with per unit costs (no lump sums) for all itemss designated with an asterisk(`), TRAVEL (Non -local residents only) Airfare Car Rental Per Diem Expenses at $_Per day Mileage at $_ Per mile STUDIO OVERHEAD -only if acgAdditional Studio Rental, other expenses Phone and fax charges Supplies, detailed below INSURANCE Auto Liability General Liability for Artist / Subcontractors Worker's Comp. / Employers Liability Other, as applicable FABRICATION COSTS (Please attach a complete list of materials, cut sheets and individual estimates including per unit costs with this form) Materials* (Total) Labor* (Total) TRANSPORTATION SITE PREPARATION Materials to Fabrication Site* shed Work to Installation Site* Other* Landscaping /Irrigation* Removal* Electrical Modifications* Test Drilling* Water Work /Mechanical Devices Other* ARCHITECTS, ENGINEERS (If applicable, drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* Electrical Engineer* Other* 23 LIGHTING Designers* Fixtures* Bulbs* Site Preparation* Installation* INSTALLATION COSTS livable. (Costs must include allowance of equipment andindividual estimates with Please attach a complete this form) Labor_ Scaffolding* Equipment*_ Off -duty Police Traffic Barriers* Storage Facility Rental*. City Permits Display Devices Fireproofing* Other* OTHER COSTS RELATED TO YOUR PROJ Photo /Video Documentation Other ARTIST'S FEE (15%) GRAND TOTAL Please make any necessary notes here: Prepared By: Date: Exhibit B 24 Budget Form Exhibit C: YMCA Lease See attached copy of executed lease agreement. 25 Exhibit D: Affidavit AFFIDAVIT OF BILLS PAID Date: Affiant: Purchaser: Property: Affiant on oath swears that the following statement is true: Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials provided to Affiant for the construction of any and all improvements on the property. Affiant is not indebted to any person, firm, or corporation by reason of any such construction. There are no claims pending for personal injury and/or property damages. Affiant: SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of , 2008. Notary Public, State of Texas Print Name Commission Expires 26 Exhibit E: Sales Tax Exemption TRXAS CEIUUIICATF.OF1u n�TION I purchase of taxable claim an exemption from payment of sales and use taxes for the items described below or on the attached order or invoice. Description of Items (or an attached order or invoice) To Be Purchased: All Items 1 claim this exemption for the following reason: Name of exempt organization: Ci of Tort Wortb Texas Sales and Use Tag Permit Number 1-75-6000528-6 Project for which materials and supplies are ptuchased: 1 understand that ll Ue h�O1 aylnent of sales tax, which may become due for olitari transit with the provisions of the state, city, and/or metro, urchases failure to comply exempt p authority sales and use tax laws and co �e p ler paid for the taxable items purchased Liability CO, the tax will be determined by or the fair matlret rental value for the period of time used ve an exemption certificate to the serer to, I heT understand that it is a misdemeanor to urchase, will be used in a nimn taxable items which -I know. at the time of on conviction, maybe fined. up to $500 per than that expensed in this certificate and, up offense. Tax Exempt Status Due to Being a Govetmnental Entity Purchaser: Street Address: City, State, Zip � �/ Date: 0 07/2007 Phone: �81 392-83 5 Sign Here: stantinnance trutnr "exemption This certificate does not n�Ue a o not number to be valid. Sales and use tax numbers" or "tax axemp ' Ttvs certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. 27 Exhibit F: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS actors will provide the following insurance requirements Artist and/or Artist's Subcontr. 1. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,00000 Aggregate limit Coverage shall include but not be limited to the following: premises, operations, independent contractors, p roducts/completed operations, personal injury, and contractual liability. Insurance shall be provide Office (ISO) polin an occurrencebysis, and e as comprehensive as the current Insurance Services 2. Automobile Liability $1,000,000 $250,000 $5005000 $1005000 Each accident or Bodily Injury per person Bodily Injury per occurrence Property Damage A commercial business policy shall vide coverage 3. For Artists and/or Artist's Subcontractors Compensation Statutory limits Employer's liability $1005000 $1005000 $500,000 who have employees: Workers' Each accident/occurrence Disease -per each employee Bodily Injury/Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage wife s tion Actr(tArt• with statutory benefits outlinedCivnStat. and minthe Texas imum Policy orkers' o ypimits for 8308 —1.01 et seq. Tex. Rev. ) $500,000 bodily Employers' Liability of $100,000 each accident/occurre gee. injury disease policy limit and $1005000 per disease per employee. GENERAL POLICY REQUIREMENTS • The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured. Exception: The additional insured requirement does not apply to Workers' Compensation policies. • Thirty (30) days notice of cancellacancelled or nonssrenewed5 until tion or non -renewal. Example: "This insurance shall not be has been given to the City of Fort after thirty (30) days prior written not Worth, except for ten (10) days notice for non-payment of premium. • Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. • The insurers for all policies must be licensed/approved to do business re the State mum of Texas. Except for workers' COMP ense t Ke Ratinga1Guide orl insurers must hhavereasonably ave a rating of A. VII in the current A. M. B y equivalent financial strength and solvency to tten asar approvalion of of Rini Management enis If the rating is below that required, PP 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." If coverage is written on to of the contractual agreement and date shall be coincident with or prior to the the certificate of insurance shall state that the 1 be ma retained for the duration of retroactive date. The insurance coverages ears following completion of the the contractual agreement and for five (5) for the warranty y eriod, ractual agreement or service provided under the al concertifi ate of nsurance submitted to the City shall whichever is longer. An annu evidence such insurance coverage. • The deductible or self -insured retention (SIR) affecting required insurance s' coverage shall be acceptable to and approveue and s o khders' equity Inlieu rth in regards to asset v the City of Fort Woa of traditional insurance, alternative coverage maintained Cithrough kinsuranceManpools or risk retention groups, must also approved y tY • ole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their The City, at its s 29 limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety days. The City shall be entitled, upon request and without expense, to receive copies of thereto and may make any reasonable requests for policies and endorsements 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 F: Insurance Requirements 30 Exhibit G: Technical and Maintenance Record GENERAL INFORMATION Arh(Aa Address: Telephone: Cell: E-mail: Gallery Affiliation:_ Other Representation: ARTWORK Title of Artwork: Project Name and Location Address: FWPA Project Manager: Description of Artwork: (attach separately if necessary): Artwork Dimensions: Height: Width: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Location & Description of Signature Markings (or copyright) : Edition Information if applicable: Date of Execution: Place of Execution:_ Collaborating Artist: Fabricator (if other than artist) Depth: Depth: Exhibit G: Technical and Maintenance Record 31 Exhibit G: Technical and Maintenance Record Fabricator Address: Methods/materials Used in Execution of Artwork Materials (list type, brand name and manufacturer of all materials; attach Material Safety & Technical Data. Include contact names for all suppliers and attach warranty information): Construction Description. (list all fabricators and any architects, engineers or other technicians involved in the creation and installation of this artwork. Attach all warranties & agreements) Materials) Specifications: Joining Methods: Welding Rod Alloy or Joint Material &Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Finishes &Coatings (paint color and type, glaze, patina, any and all coatings including fixative, UV, grafitti, etc. Please list vendors and contact information and provide all product information): Exhibit G: Technical and Maintenance Record 32 Exhibit G: Technical and Maintenance Record Pedestals, Foundations & Footings, Mounting and Attachment Applications (List all materials used to install artwork on site. Include vendor information, parts numbers, warranties and agreements.) Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited to: lighting, media, landscaping, etc. Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method: (describe installation method, provide photo documentation if available. List name and contact information of installation crew. Attach any diagrams or disassembly instructions.) Recommended Routine Maintenance Artist recommendation based on experience and consultation with conservation expert Artist's Conservation Consultant Name: Address: Phone. (Please attach Conservator's Long Term Maintenance Recommendations) 11 Exhibit G: Technical and Maintenance Record Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Unusual or Special Circumstances of Note Artist's Intention (Please describe your view of how the artwork will change over time and in response to environmental conditions. The artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks are often affected by public handling, landscaping and site changes. Please clearly detail your expectations for this artwork. Please address issues related to the life expectancy of this artwork.) Exhibit G: Technical and Maintenance Record 34 Exhibit G: Technical and Maintenance Record Exhibit G: Technical and Maintenance Record 35 Page I of 2 City OT Fort Worth, Texas Mayor and Councii t ommunica#ion COUNCIL ACTION: Approved on 1/8/2008 DATE: Tuesday, January O8, 2008 LOG NAME: 03DKEENSINC REFERENCE NO.: C-22614 SUBJECT: Authorization to Enter Into an Artwork Commission Contract with David Keens, Inc., for Design, Fabrication and Installation of a Work of Public Art for the North Park YMCA and Community Center RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Artwork Commission Contract with David Keens, Inc., for design, fabrication and installation of a work of public art for the North Park -YMCA and Community Center, in an amount not to exceed $47,000. DISCUSSION: Utilizing a collaborative design team approach, the Artwork Commission Contract will enable David Keens, Inc., to design, fabricate and install artwork in the lobby/reception area of the North Park YMCA and Community Center. The goal of the project is to engage YMCA members, their guests and the general public with an artwork that enlivens the main lobby/reception area and can be seen from inside the public areas of the YMCA as well as from the exterior of the building, through the transparent portions of the building facade. David Keens is planning to meet with area residents at a regularly scheduled meeting of the Far North Fort Worth Alliance Neighborhood Association, to share his work and invite input from the community to factor into his design. On May 17, 2005, the City Council approved the Long -Range Public Art Plan for the 2004 CIP, in which the North Park YMCA and Community Center was identified for CIP Public Art Funding. This prflject was included in the Fort Worth Public Art Program's FY 2007-08 Annual Work Plan, adopted by the City Council on September 25, 2007, (M&C C-22411) as apart of the City's agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. BACKGROUND: Using the process and guidelines established in the Fart Worth Public Art Master Plan, an artist selection panel met on July 13, 2007, and reviewed the qualifications of 17 local and regional Texas - based artists from the Fort Worth Public Art Artist Registry, the Pre -Qualified List of Established Public Artists and other invited artists, and selected three finalists and one alternate. The finalists received an orientation July 31, 2007, and on September 5, 2007, the selection panel reconvened and conducted interviews of the three finalists, and recommended David Keens, Inc., for the project. Selection Panel (Voting): - Council Member Sal Esping, Belinda Norris, Council District 2 Representatives - Eva Bonilla, Fort Worth Art Commission - David Stanford, Architect, Hanfeld, Hoffer, Stanford - Todd Baker, YMCA - Simone Hildner, Community Representative - Robert Rouse, Marie Barnes, Community Representatives - Rachel Bounds, Artist/Arts Professional Advisors (Non -Voting): - Don Powell, Transportation &Public Works Department, City of Fort Worth http://www.fortworthgov.org/council.packet/Reports/mc.print.asp 2/4/2008 Page 2 of 2 - Andy MacFarlane, Parks 8t Community Services Department, City of Fort Worth On September 10, 2007, the Fort Worth Art Commission (FWAC) reviewed the selection panel's recommendation and made a formal recommendation to engage David Keens, Inc., to develop a final design, and to fabricate and install an artwork for the North Park YMCA and Community Center. MNVBE -The City's overall M/VVBE goal for the Fort Worth Public Art program is 25 percent of total capital project dollars expended on public art annually. This project is physically located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers Submitted for Gity Manager's Office b� Originating Department Head: Additional Information Contact: FROM fundlAccounUCenters C291 531200 032980012830 $7.050.00 C291 541200 032980012880 Libby Watson (6183) Bridgette Garrett (8518) Sandy Oliver (7371) $39,950.00 http://www,fortworthgov.org/council�acket/Reports/mc�rint.asp 2/4/2008