Loading...
HomeMy WebLinkAboutContract 52602 CITY SECRETARY CONTRACT NO. Sa(oOa ARTWORK ACQUISITION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LOCKE/SURLS LLC This Agreement is entered into this 23"' day of July, 2019, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager, and Locke/Surls LLC, a Limited Liability Company, acting by and through James Surls, its duly authorized President, of 7455 County Road 100, Carbondale, Colorado 81623. The 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 designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are 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; WHEREAS, the Fort Worth Art Commission (the "FWAC") has recommended the use of funds from the 2004 Bond, Proposition 1, and funds from 2007 Critical Capital Needs (Crestline Drive) for this project, and it was included in The Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council on November 6, 2018, as M&C G-19412; WHEREAS, on April 8, 2019, the FWAC recommended an additional $10,000.00 to cover a portion of the installation costs and provide for contingencies from the Specially Funded Capital Projects Fund (the Public Art Fund)and these funds have been appropriated by City Council; WHEREAS, on July 9, 2019, the FWAC approved a process for purchasing an existing sculpture by James Surls, a major artist who built his career in Texas and whose work fits the character of the Cultural District; WHEREAS, a Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a recommendation of one James Surls sculpture from the three that were available, and on September 10, 2018, the FWAC approved the committee's recommendation to acquire the Artist's Vase With Nine Flowers; WHEREAS, for the Montgomery Street Public Art Project, City desires to acquire Vase With Nine Flowers from Artist, which is a 17 foot tall, free-standing sculpture with an abstracted floral motif, comprised of bronze and stainless steel; 999 Artwork Acquisition and Delivery Agreement FT. Between the City of Fort Worth and Locke/Surls LLC Page 1 of 31 WHEREAS, City has contracted with a qualified conservator for a condition assessment and based on the findings in the conservator's report (attached as Exhibit "F"), determined that the Artwork does not require any conservation at this time; WHEREAS, City has contracted with a qualified engineer for stamped drawings of the footing that will support the artwork and those drawings have been provided to the installer, Displays LLC., the City's contractor; WHEREAS, City plans to install the Artwork on the northeast corner of Lansford Lane and Montgomery Street, Fort Worth, Texas 76107, adjacent to the Western Heritage Parking Garage, on land owned by the City of Fort Worth; WHEREAS, Artist and/or his subcontractor will load, transport from Colorado, insure during transport and deliver Artwork to the Site, while footing construction and unloading and installation of the Artwork will be performed by Displays LLC.,the City's contractor; WHEREAS, insuring the Artwork during transport from the Artist's studio to the Site shall be the responsibility of the Artist under an insurance rider the Artist will purchase, which will be covered under this Agreement; and WHEREAS, City and Artist wish to set out the terms and conditions under which said acquisition shall be completed to promote the integrity of Artist's ideas and statements as represented by the Artwork; 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 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 of Fort Worth and Locke/Surls LLC, a Limited Liability Company, acting by and through James Surls, its duly authorized President, for Artwork Acquisition. 1.2. Artist — Means and includes Locke/Surls LLC and/or its legal representatives, successors, agents, subartists, contractors, and assigns. 1.3. Artwork— Means the artwork titled Vase With Nine Flowers, which is a seventeen foot high (17' H) sculpture made of bronze and stainless steel weighing 2,000 lbs, more particularly described on Exhibit"A,"attached hereto and incorporated herein by reference for all purposes. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations, assigns, predecessors, stockholders, administrators, and related companies. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 2 of 31 1.5. Contracted Engineer—Means and includes licensed engineer Frank Neal. 1.6. City — Means and includes the City of Fort Worth, Texas and its officers, representatives, agents, servants, and employees. 1.7. Effective Date — Means and includes the date represented in the first paragraph of this Agreement. 1.8. Final Acceptance - Means and includes the date of delivery to the City at which time City will review and approve the condition of the Artwork. 1.9. Installation Design — Means and includes the Artist's renderings of the footing and the stamped engineer drawings of the footing. 1.10. Parties—Means and includes City and Artist. 1.11. Site — Means and includes the northeast corner of Lansford Lane and Montgomery Street, Fort Worth, Texas 76107, adjacent to the Western Heritage Parking Garage, which is more particularly described on Exhibit"B,"attached hereto and incorporated herein by reference for all purposes. ARTICLE 2 ACQUISITION OF THE ARTWORK 2.1. Payment for Artwork City shall pay Artist TWO HUNDRED SEVENTY NINE THOUSAND DOLLARS AND NO CENTS ($279,000.00) and an additional SIX THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($6,300.00) for loading, insurance during transport, and transportation of the Artwork from the Site in Colorado to Fort Worth, for a total of TWO HUNDRED EIGHTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($285,300.00) as full consideration for all rights, title, and interest to Artwork, except for any rights of copyright. Terms and conditions pertaining to warranties, and indemnity, ownership and intellectual property rights, and Artist's rights are contained in Articles 3, 4, 5, and 6, respectively. Artist shall be responsible for all travel costs related to dedication of the Artwork. 2.2. Payment Schedule. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final,non-refundable payment for all services and materials provided prior to the due date thereof: a. ONE HUNDRED FORTY TWO THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($142,650.00) upon execution of this Agreement. b. ONE HUNDRED FORTY TWO THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS ($142,650.00)within thirty(30) days after delivery and Final Acceptance of the Artwork. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 3 of 31 2.3. Transportation and Delivery. As part of the payment, Artist agrees to provide for insurance, transportation and delivery of the Artwork from Artist's studio to the Site. Upon execution of this Agreement and City making the first payment outlined in section 2.2(a) to Artist, City and Artist shall schedule a mutually convenient date and time to deliver Artwork, which shall be in August or September, 2019, or as soon as feasible upon City's completion of the roadway improvements to Montgomery Street and the curing of the footing for the Artwork. Artist will provide a signed affidavit, attached as Exhibit "D" to this Agreement, certifying that all bills relating to services or supplies provided by Artist in the performance of this Agreement have been paid. 2.4. Installation. City's contractor, Displays LLC.,will be on Site to receive the sculpture from the Artist upon arrival and lift it and install it onto the prepared footing. Displays, LLC shall exactly follow the design and detail provided by the City's Contracted Engineer as set out in the City's Contracted Engineer's plans, Exhibit "G" hereto, and the footing for the Artwork shall be approved by Displays, LLC and the City's Contracted Engineer for installation. Installation shall be the sole responsibility of the City and its installer.The Artist shall have no liability for the installation. 2.5. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due under this Agreement. City shall supply Artist with the"Texas Certificate of Exemption,"attached hereto and made apart hereof for all purposes as Exhibit "E" for use by Artist in the fulfillment of this Agreement. 2.6. Artist's Technical Maintenance Record. Artist with complete the Technical Maintenance Record, which is attached hereto as Exhibit "C" and incorporated herein for all purposes, which shall outline the Artist's applicable and required conservation standards. Artist agrees to complete Exhibit "C" and submit it to the Contract Manager within ten business days from the Effective Date of this Agreement. ARTICLE 3 WARRANTIES 3.1. Warranties of Title and CoRyd a. Artist represents and warrants that: i. the Artwork is the original product of Artist's sole creative efforts; ii. Artwork is original and does not infringe upon any copyright or the rights of any person; Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 4 of 31 iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. The Artwork is free and clear of any claims, judgments, and/or liens from any source whatsoever; V. Artist 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. 3.2. Warranties of Quality and Condition. a. Artist represents and warrants that all work associated with creating the Artwork has been performed in accordance with professional `-`workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of"inherent vice," or qualities that cause or accelerate deterioration of the Artwork) for one year after the date of Final Acceptance. b. Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. C. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 3.2 that is curable by Artist, City shall give written notice to Artist of such breach with reasonable promptness. Artist shall, at the request of City, cure the breach satisfactorily and consistent with professional conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any reasonable standards set forth by City, within thirty (30) days after receipt of the written notice, at no expense to City. d. If, within one year after Final Acceptance, City observes any breach of warranty described in this Article 3.2 that is not curable by Artist, Artist is responsible for reimbursing City for damages, expenses, and losses incurred by City as a result of the breach. However, if Artist disclosed in writing the risk of this breach in the proposal or this Agreement and City accepted that it may occur, it shall not be deemed a breach for purposes of this Article 3.2. Artist shall not be responsible for the maintenance of the Artwork. If the City or anyone in privity with the City fails to maintain the Artwork as set out in the completed Exhibit "C," Artist shall have no responsibility to repair or reimburse the City for any expenses, damages, and losses resulting from the City's failure to properly and timely maintain the Artwork. e. If, after one year from Final Acceptance, City observes any breach of warranty described in this Article 3.2 that is curable by Artist, City shall give written notice to Artist to make or supervise repairs or restorations at a reasonable fee during Artist's lifetime. Artist shall notify City, in writing, within thirty Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 5 of 31 (30) days after receipt of the notice as to whether Artist will make or supervise the repairs or restorations. Should Artist fail to respond within the thirty-day (30) deadline or be unwilling to accept reasonable compensation under the industry standard, City may seek the services of a qualified restorative conservator and maintenance expert. f. Acceptable Standard of Display. Artist represents and warrants that: i. The Artwork and any associated working parts and/or equipment will remain within an acceptable standard of public display provided that the City timely and professionally perform the general routine cleaning and repair as set out in the completed Exhibit"C." ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display. ill. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork should not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping, tearing, abrading, and/or peeling. iv. Manufacturer's Warranties. To the extent the Artwork incorporates products covered by a manufacturer's warranty,Artist shall provide copies of such warranties to City. g. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Artwork in accordance with Artist's specifications as set out in the completed Exhibit "C." If City fails to maintain the Artwork, Artist, in addition to other rights or remedies Artist may have in equity or at law, shall have the right to disown the Artwork as Artist's creation and request that all credits be removed from the Artwork until the Artwork's condition is satisfactorily repaired. If at any time City does not timely clean, preserve, and protect Artwork in accordance with the completed Exhibit "C," the warranty of quality and condition is voided. If City at any time removes the Artwork from the initial location, all warranties of quality and condition made by Artist shall be void and Artist shall have no liability or responsibility for any damages. If City uses any process to conduct repairs, including emergency repairs, whether chemical, caustic or otherwise processes or methods which cause damages, all Artist's warranties of quality and condition shall be voided and there shall be no further warranties of quality and condition. 3.3 Factors Beyond Artists's Control. City agrees that the Artist shall not be responsible or liable for any claim or damages of any kind if City fails to follow the completed Exhibit "C," including, but not limited to, Acts of God; exposure to hazardous gas or destructive particles; exposure to atmospheric events; failure as a result of the Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 6 of 31 installation, engineering and/or negligent acts of the City;or failure of the City to use reasonable efforts to protect and preserve the Artwork. 3.4. Survival of Representations and Warranties. The representations and warranties in this Article 3 shall survive the termination or other extinction of this Agreement. ARTICLE 4 INSURANCE AND INDEMNITY 4.1. General. The risk of damage to or loss of the Artwork during transportation and delivery shall be covered by the Artist through an appropriate insurance policy, and the cost shall be paid for by the City under this Agreement. Artist agrees to provide insurance in the amount of the replacement value of the Artwork, which is FOUR HUNDRED TWENTY FIVE THOUSAND DOLLARS AND NO CENTS (S425,000.00) during transportation and delivery to the City. City and Artist shall be joint loss payees in the event of claims against the insurance if a total loss or theft in transit. If however, the loss is partial and repairable the insurance payment shall be made to City to cover the cost of the repairs, provided that the City accepts the damaged artwork and makes full payment under this agreement to Artist. The risk of damage or loss to the Artwork during installation shall be the borne by the City's Subcontractor. 4.2. Performance Bonds. Artist shall not be required by City to post any performance bonds or similar undertakings. 4.3. Generallndemnity. a. ARTIST 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 KIND 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 FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTIST AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 7 of 31 EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. THERE SHALL BE NO INDEMNITY OR RESPONSIBILITY FOR DAMAGES CAUSED BY NEGLIGENT ACTS OF CITY, ITS AGENTS, CONTRACTORS AND OTHER PARTIES IN PRIVY WITH THE CITY. b. Artist 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 Artist in connection with or incidental to performance under this Agreement except for damages caused by negligent acts of City, its agents,contractors and other parties in privy with the City. C. Artist shall require all of its subcontractors to include in their subcontracts, if any, a release and indemnity in favor of City in substantially the same form as above. 4.4. Intellectual Property. a. Copyright. Artist 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 Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, pen-nit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST 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 ARTWORK BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. b. Survival. All indemnification provisions of this Agreement shall survive the tennination or extinction of this Agreement. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 8 of 31 ARTICLE 5 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 5.1. Title to the Artwork. All rights, title, and interest to the Artwork, except for any rights of copyright, shall immediately transfer to City upon final payment to Artist for purchase of the Artwork, as set forth in Article 2, and shall be free and clear of any claims, judgments, and/or liens of whatsoever nature. The Artwork shall become property of City, without restriction on future use, except as provided for in this Agreement. 5.2. Copyright Ownership. Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Artwork for the duration of the copyright. 5.3. Reproduction Rights. a. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or display the Installation Design and/or the Artwork for any non- commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Installation Designs and/or the Artwork intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. City shall not under any circumstances alter, change, or modify the Artwork. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Artwork to remove, move, replace, operate, maintain, transport, sell or transfer, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. Should the City remove and/or offer the Artwork for sale, Artist or Artist's Estate shall have the first right of refusal to re-purchase the Artwork for either what the City paid or the fair market value at the time the Artwork is removed and/or offered for sale, whichever amount is greater. This first right of refusal shall be limited to twenty-five (25) years after execution of this Agreement. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 9 of 31 b. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "© date, Artist's name." C. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork in the public art collection of the City of Fort Worth, Texas." d. Artist may, at Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright of the Artwork in Artist's name. C. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. 5.4. Survival. The rights under this Article 5 shall survive the termination or extinction of this Agreement. ARTICLE 6 ARTIST'S RIGHTS 6.1. Identification. The Contract Manager shall include credit to Artist on the Fort Worth Public Art website (www.fwpublicart.org) and a plaque in FWPA's standard format which will be written based on Artist's input and acknowledgement of Artist Exhibit""H." 6.2. Maintenance. City recognizes that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. City shall reasonably assure that the Artwork is properly maintained and protected, taking into account the maintenance instructions provided by Artist in accordance in Exhibit"C." 6.3. Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Artwork will be made. During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all major repairs and restorations; provided, however, Artist shall not unreasonably withhold approval for any repair or restoration of the Artwork. Should Artist unreasonably withhold approval of any intended repair or restoration, City shall have the right to make such repair or restoration. To the extent practicable, Artist, during Artist's lifetime, shall be given the opportunity to make and/or personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services, Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surfs LLC Execution Copy 7/23/19 Page 10 of 31 provided that City and Artist shall agree, in writing, prior to commencement of any significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to make or supervise the repairs and restorations, City shall have the right to choose another entity or person to assist with the restoration and/or repairs or make said repairs by City. b. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, the standards set forth by City. C. City may require Artist to submit professional documents supporting Artist's proposal for repairs and restorations prior to commencement of repairs or restorations. d. When emergency repairs are necessary to prevent the loss of or further damage to the Artwork or to prevent risks to the public, such repairs shall be undertaken or arranged by City without advance notice to Artist, and such repairs shall not be deemed to constitute artistic alteration. 6.4. Permanent Record. City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Artwork. 6.5. Artist's Address. Artist shall notify City of changes in the address set forth in Article 8. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions of Article 6 that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 MISCELLANEOUS 7.1. 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. t Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 11 of 31 7.2. 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. 7.3. 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 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. 7.4. 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. 7.5. Successors and Assigns. Artist shall not assign, sublet or transfer his interest herein, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 7.6. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 7.7. 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. 7.8. 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. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 12 of 31 7.9. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.10. Artist's Address. Artist shall notify the Contract Manager of changes in address. 7.11. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artist. 7.12. 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. 7.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to this Agreement (collectively "Records"). Artist shall make all Records available to City following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. ARTICLE 8 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: Dana Burghdoff, Interim Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street,Third Floor Fort Worth, Texas 76102 Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 13 of 31 Copies to: Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth, Texas 76102 Martha Peters, Director of Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST Locke/Surls LLC James Surls 7455 County Road 100 Carbondale, Colorado 81623 David Bell Law Offices of David Bell, P.C. 8350 Meadow Road, Suite 186 Dallas, TX 75231 (214)529-7047 dbell@davidbellpc.com [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 14 of 31 IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH ARTIST M'J'4-07d 1 i by: Dana Burghjq James Surfs Interim Assistant City Manager President,Locke/Surls LLC. CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract,including g al l perfo ce and reporting requirements. J14 11A" Name: Anne Arlen Title:Public Art Project Manager APPROVED AS TO FORM AND LEG Jessica ang Senior Ass' City Attorney O R T ATTESTED BY: �O�C f J.Kayser City Secretary l ' Form 1295: = ' — ?Lr� Contract Aathorizadon: M&C#C-29157 Date:June 18,2019 OFFICIAL RECORD CITY SECRETARY FT WORTH, TIC Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Smis LLC Exocudon Copy 7/23/19 Page 15 of 31 Exhibit A: The Artwork Vase With Nine Flowers is a 17 foot tall, free-standing sculpture with an abstracted floral motif, comprised of bronze and stainless steel t J✓Y' r +• �. .' Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 16 of 31 Exhibit B: The Site Northeast corner of Lansford Lane and Montgomery Street,Fort Worth,Texas 76107,adjacent to the Western Heritage Parking Garage, I LL 4 I unmet-c�rcwrvu { I WATER LW JYP) Lx�rNr{1YP.y -1 8R{CK PAVERS(TYP.t ` CA$LW CrWGWRb4bod(UL ME) I '•. ME—Res�FRASTRLI�Ti PI W UNDE LECIRK—AND Z TELECOMMUNICATIONS L IE(TYP a J IX Artwork location z J "" MONTGOMERY STREET Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 17 of 31 ' r 1 `5 Lf ■ " 01 4-j Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 18 of 31 Exhibit C: Technical and Maintenance Record GENERAL INFORMATION Artist: 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: Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 19 of 31 Height: Width: Depth: Pedestal or Pad Material: Pedestal or Pad Dimensions: Height: Width: Depth: Location& Description of Signature Markings (or copyright): Edition Information if applicable: Date of Execution: Place of Execution: Collaborating Artist: Fabricator(if other than artist) 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): Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 20 of 31 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) Material(s) Specifications: Joining Methods: Welding Rod Alloy or Joint Material & Application Method: Casting Alloy, Wax Body, Glass or Fiber Type: Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 21 of 31 Finishes & Coatings (paint color and type, glaze,patina, any and all coatings including fixative, UV, graffiti, etc. Please list vendors and contact information and provide all product information): 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 Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 22 of 31 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.) Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 23 of 31 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) 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. 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 Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 24 of 31 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.) Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 25 of 31 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 , 2019. Notary Public, State of Print Name Commission Expires Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 26 of 31 Exhibit E: Sales Tax Exemption Texas Sales and Use Tax Exemption Certification The csrg5cate does not reguia a twins r to be valid Mons-af Oto'daw.Armoragmq Cky of Fort worth,Texas AderaastsMW# tots.190 JJa.ar taeh we.eoas..and.�e.., M Taxes Street 617-M41 61 eW ito zrzrmmt Fart Worth,Texas 76102 i,Me purchaser named above,datm an exempoon korn psyrraW of sales and use faxes(for the purchase of taxable Iterns described below or on dw atadied order or hvola)fiorm: $~. N Nauden Streel address- Col State,ZIP-A- n r[Fda d lien lobe prdwid or on ow sti ached order or krmice Al items Pmhaser admQYAedoes that lhis Carokft cannot be used for the ourdtase.lease or rental of a motor tastsirL_ - Purdraser claims this a mr4idon for ate following resew: mg!r R ft OMW wilsntal Enft I trtderstsnd Cut I will be hMe for payment of sp ltaft and locMl sales Or use taxes which may 130M rte dtre fbr feeure b con"W Mt ate prodsbrs of the Tax Code a vMx ea appecable law lcards+atsrxfMat�bsaNnitNofAnselo�uesnenranpaortoer16,W roNsasAsribrOsxsbrUsmsaurJl,rwr atrlrtlrtudpwnhese wAOe+»aabfsmsrrrerotl�s+fJlsnM►sfsncpr�MdhbNsoaAN, I snddopwa tffa►ftsmotntaftersrsdsdfmmgbnomay rge tram a Obn C m isaWr wto►to a Many of Yte second dopes. ►wcftwTift I i Fhance DlreafoNCFO Jl 'tom 7 � NOTE This oerokals carrtaf be Issued b ete ptn*aw(sass,or rtrrttal of a ntotlor which. THIS CERTMWE DOES NOT REOlJME A NWIAER TO BE VALID. Sales and Use Tax"Exsnpdon Ntr ooW or"Tax Sarmpr Northers do mM stdst This osrtl 111 sI sbdd be ftn Md b Ow vappMr. Do l>sl<sad*A ooa jp— ew Me"b On Caw4*m W of PWft Aaeor+Is. Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 27 of 31 jr Exhibit F: Initial Condition Report laiaes sorts thse with Louie Laowds •Aatwdat Title.Vktw wito Miim Flowel k f Cmftenm Uw4mUM Assessawa ft on Artwork Cotidt;aw Eacellemc This art corers all vn*4e surface areas amess"Ie by Ladder at tune of risPecnOn_ • Assessnex of bast witlL Mw fbmers snows the artwM m be in e w6ertt condition- • At time of risptflon the artwork had been moved inside the Aaris st KM in Cwbonda le,, CQ • The artwork had been thort hly cleaned and stainless steel elements treated with PtrmAK tac*m and Asa nct wax. • The bronse surfaces halve been treated with Aenahsance Wax • No evidence of strvowai dgVmk*m or vjdxc caresron was found an the artwork • No surface scrams ies or damages noted on the artwork beyot marks evade dwft ftbricaoor-s nuo pLttems or Binder marks m some Awnless steel elements See photos blow. • No ewtdence heat the artwork had been prevhaishy dls'plaped outdoors present on the artwork. • Stark studio noted areas on the mach body of the vase that;had received touch ups after orevag castait to address pore uty in the casting.These areas stow skgtht patina difference w surroundwq area.See photos below. • btiW sarateriug voted on base-See photos below. • No safety or structural concerns ewderit Current Tresoment heeds:None Mplepor M Art Managmaw a*l..:r AffadAMs,hr Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 28 of 31 Exhibit G: City's Contracted Engineer's plans GENERAL NOTES L BAR r DNDiT,ONf a DSSI011 toRDt 1. bAft Cads am sdannf nr i wwAp Cede \..:- I was cideg" 0 lows ONtdp oar 42436 Longo d p Sind.peed.w 1/f%, 110.dr ftep Sim wed.van MOO �UpMAL VAW* v-I Mlee Feet 16 ,. F 2 � Wsd e1eww 4 ErflereeI Do eW Dee fNrldo,F A I noe IaefNr.16 to Mgpd 20010e1""*me aw1oMOn MeR peloft ON tut Mgpd wepense aeduefon(1 out 1rYe4 S. *AN ffe dew O Deep apnea,ra0" awdanten pod pe,e ft fw t o Door aoeca+w+amre.oe I -, (t M P004 so tot leMolG door moseY A Nwp i v eeoft & t0afidm*.R a AtWp" I I'"ee Yeat L~FOWAwdMiab !.bier eeNpwlee awdldndn Cs f At4 Damp lees No eeft V ti Node t fientnl a Noel M OaIR wOet R C+aMeaeler M/eMtr el peb a NrR d awAleatse► e: ONereR CteMwAer Nfel M eaapewate Ar NeeNdreNfaM1 d efaw pdw prladr�etw'l Me:�/b b,ebric�aen eed inrefalen d alideeirlN. IL FOUNOATON A UJUNWOlr( 1. 006d Ow dolts aiwe Of at DAed por qq 0004 son Defld pier(end 3000 psi moo"tees" raSMAeO we It tTRUCT AVAL r M r. [T! 1 CtealNea No.l Dees fle t"tiMeyd Mls i Oft I AIN Uk At �ow IUfe >ierr Owrnd 2. A to ca ofteided1twASTW A1"d fide M rdNw waled 4flMtideN 1 AI etoeoweerd Noel Nod""M MMMMae wfh fie WANK A0 Oft ft M0VAd. 4. CoWeeorOled W*AeloodlaeMtoeilNMdf M peel rweOMe p i Fee eMla N OWW ee>ruep.N eeYduesq ded•lift".dew eefod e0lydac logrommus t�llw�� %Roa 1- t AalandNor"aAweNis~eMl4awoeleawerdadleefne*MMfwaofMlepaeearYadaft www�w: RE V FW SHEET nge�n� A S K 1 PCW gloom TV" Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 29 of 31 rO PIPE FOR MNP'1tMiE SCUL!'ttMlE 8U IN OTHERS 15-0 9" PLt1TE WN (12) 7/rO x ?'-Or AS M F1554 SLOPE PER TOP TO DPM Ci u Jd mom or MXT Mun BY MRS 8116E P1JCR t� no Am r 201EUM VERY. (0) f 4 0• r Ot. MAX. 1!)2=M 24'0__ W .,.a.. REY.S:AC . A �+iw gf1EET o 8UMV 8C LPTURE fracture! rtginflerat SK2 '••a"" e' • `. PC"990M)k law& rW'NA CrID.JZ T.j M—S Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 30 of 31 Exhibit H: Plaque & Acknowledgment FWPA provides an acknowledgement and identifying plaque for each commissioned artwork in the collection. Example of an installed plaque for Early Texas/Modern Texas by Vernon Fisher. Text on the plaque is approximately 82 words,with expanded language added for the website. The Collection Manager works with the Artist and incorporates aspects of the artist's statement into the plaque and web interpretation. Vernon Fisher(born 1943) Early Texas/Modern Texas,2005 Diptych,Mixed Media on Hardboard Modem Texas,portraying Fort Worth in the earl} ieth century, focuses on urban life. As in Earfy:Texas,the central�Jgnette;oepicts an expansive sky,but here the artist features the c+t 's -prornment " skyline and broadened Trinitt,River.The distant . rr vint Implies the future with the potential for-§rgwth and prospect fvr change. } _Jim rutt1C Al, To kam more visit v:r/w 1 Artwork Acquisition and Delivery Agreement Between the City of Fort Worth and Locke/Surls LLC Execution Copy 7/23/19 Page 31 of 31 M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRIr— TWORTH COUNCIL ACTION: Approved on 6/18/2019 -Ordinance No. 23697-06-2019 DATE: 6/18/2019 REFERENCE C-29157 LOG NAME: 06MONTGOMERY STREET NO.: PUBLIC ART PROJECT CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an Amount of$285,300.00, for Purchase, Transportation, Insurance, and Delivery of an Existing Sculpture, Vase With Nine Flowers, for the Northeast Corner of Lansford Lane and Montgomery Street; Authorize an Addendum and Amendment to City Secretary Contract No. 50758 with Displays, LLC, in an Amount Up to $17,150.98 for Footing Construction, Sculpture Installation, Traffic Control, and Contingencies, for a Total Project Cost of $302,450.98; Find that the Use of Funds for Public Art for this Project Complies with the Voted Purpose of the Bonds and the Published Notice of Intent for the Certificates of Obligations; Accept a Gift from Locke/Surls, LLC for the Balance of the Value of the Sculpture; and Adopt Appropriation Ordinance (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an Artwork Acquisition Agreement with Locke/Surls, LLC, in an amount of $285,300.00, for purchase, transportation, insurance during transit, and delivery of an existing sculpture, Vase With Nine Flowers, for the Northeast corner of Lansford Lane and Montgomery Street; 2. Authorize an addendum and amendment to City Secretary Contract No. 50758 with Displays, LLC, in an amount up to $17,150.98 for footing construction, sculpture installation, traffic control, and contingencies; 3. Find that the use of the funds for public art for this project complies with the voted purpose of the bonds and the published notice of intent for the certificates of obligations; and 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the amount of$10,000.00 in the FWPA Montgomery Street Project , and decreasing available funds in Unspecified by the same amount of the Specially Funded Capital Projects Fund, after transfer of $10,000.00 to the FWPA Montgomery Street Project from available funds for delivery, installation, and contingencies for artwork as recommended by the Fort Worth Art Commission. 5. Accept a gift of value of$146,300.00 from Locke/Surls, LLC making the value of the sculpture $431,300.00. DISCUSSION: Vase With Nine Flowers, is a 17-foot tall, free-standing sculpture with an abstracted floral motif, comprised of bronze and stainless steel in James Surls' characteristic style. Surls is a nationally and internationally recognized sculptor who built his career in Texas in the 1980s and 1990s. The sculpture will provide an aesthetic and meaningful focal point along Montgomery Street, a gateway into the Cultural District, the Will Rogers Memorial Complex, and Dickies Arena. The artist has offered the artwork as a partial gift (valued at $146,000.00) as he desires this sculpture be part of the City of Fort Worth's Public Art Collection. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019 M&C Review Page 2 of 3 On June 26, 2018, additional 2007 Critical Capital Needs Funds were appropriated for a project in this vicinity through M&C G-19323, which brought the total project budget to $324,508.00. The City contracted with an artist to complete a preliminary design for the artwork in the area, but the preliminary design was not approved by the Fort Worth Art Commission (FWAC). The amount deducted from the project budget for the preliminary design contract was $22,825.51. On July 9, the FWAC approved a process to select and acquire a sculpture by James Surls, through Locke/Surls, LLC, a major artist who built his career in Texas and whose work fits the character of the Cultural District. This approach maximizes the impact of the remaining project budget by eliminating additional artist selection and design fees and insures project completion prior to the opening of Dickies Arena. A Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a recommendation of one sculpture from the three that were offered, and on September 10, 2018, the FWAC approved Vase With Nine Flowers. The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council on November 6, 2018, as M&C G-19412. The total remaining project budget was $292,450.98 after deducting the preliminary artist fees and other contract management expenses totaling $9,231.51. An additional $10,000.00 is required to cover some of the installation costs and provide for contingencies. Funding for the prior project in this vicinity was allocated from the 2007 Critical Capital Needs and the 2004 Bond Program, Proposition 1, based on the project's location and relationship to capital improvements that had been funded from those sources; staff recommends that City Council find the use of those funds for this project at this location similarly complies with the voted purpose of the bonds and the published notice of intent for the certificates of obligations. Since the artist is unable to oversee installation, staff recommends that the installation of the sculpture be handled by Displays, LLC, a local company currently under a multi-year agreement with the City to provide professional art handling services. Displays, LLC, has experience with large-scale sculptural installations. PROJECT CONTRACTS BUDGET I CONTRACTS Locke/Suris, LLC- Sculpture $285,300.00 This M&C acquisition and transit costs Footing construction, sculpture installation, traffic control and $ 17,150.98 This M&C contingencies TOTAL $302,450.98 FUNDING SOURCES AMOUNT 2007 Critical Capital Needs $201,057.00 2004 Bond, Proposition 1 $ 91,393.98 Specially Funded Capital Projects Fund $ 10,000.00 TOTAL $302,450.98 M/WBE OFFICE - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total capital project dollars expended on public art annually. FWAC Action -- On July 9, 2018, the FWAC approved a process for purchasing an existing sculpture by James Surls; a Curatorial Committee comprised of Cultural District Stakeholders was tasked with making a recommendation of one James Surls sculpture from the three that were available, and on September 10, 2018, the FWAC approved the Curatorial Committee's recommendation of the Artist's Vase With Nine Flowers. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019 M&C Review Page 3 of 3 Mayor Pro Tern Dennis Shingleton concurs with the FWAC's recommendation to proceed with purchase, transportation, delivery, and installation of the artwork Vase With Nine Flowers for the Montgomery Street Public Art Project. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon the approval of the above recommendation, funds will be available in the current capital budget, as appropriated, in the 2004 Bond Program and 2007 Critical Capital Needs and from the Specially Funded Capital Projects Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund DepartmentT Account Project Program Activity Budget Reference# Amount ID ID I Year i (Chartfield 2) i Submitted for City Manager's Office by: Jay Chapa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Martha Peters (8172983025) ATTACHMENTS 06MONTGOMERY STREET PUBLIC ART PROJECT A02019.docx Displays 1295.pdf FORM 1295.pdf Site map and artwork images. Surls. Montgomery. 9.18.18.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26993&councildate=6/18/2019 7/31/2019