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