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HomeMy WebLinkAboutContract 33409 CITY SECRETARY CONTRACT NO. AGREEMENT FOR DESIGN OF PUBLIC ARTWORK BETWEEN THE CITY OF FORT WORTH AND PHENOMENARTS, INC. This Agreement ("Agreement"), entered into this day of , 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting by and through Libby Watson, its duly authorized Assistant City Manager and PHENOMENARTS, INC. (the "Artist"), located at 75 Kendall Road, Lexington, MA 02173. The Artist shall act through Christopher Janney, President. The City has designated the ARTS COUNCIL OF FORT WORTH & TARRANT COUNTY, INC., (the "Contract Manager") to manage this Agreement on its behalf. The Contract Manager shall act through Martha Peters, its designated Public Art Director. WHEREAS, the City Council has appropriated funds for the design and placement of public art / design enhancements for the CITY PARKING GARAGE, to be constructed on the block bounded by Houston Street, 11`h Street, Throckmorton Street and 12`h Street in downtown Fort Worth, TX, 76102 (the "Site"); and, WHEREAS, the Artist was selected by the City through a selection process conducted by the Contract Manager with oversight of the Fort Worth Art Commission based upon his qualifications and past work to design integral public art / design enhancements composed of various forms, concepts and elements including but not limited to tinted glass, light, and sound with interactive components (the "Artwork Design"), in collaboration with Jacobs Facilities, Inc., the City's prime consultant (the "Design Team") for the Site; and, WHEREAS, the City and the Artist wish to set out the terms and conditions under which said Artwork shall be designed in order to promote the integrity of the Artist's ideas and statements as represented by the Artwork Design; NOW, THEREFORE, the 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: �..:" Page 1 of 12 " ' � ARTICLE 1 SCOPE OF SERVICES l.1. General. a. Artist shall develop an Artwork Design to be integrated with the architectural context of the garage in a timely manner and in collaboration with the Design Team and in cooperation with the City and Contract Manager. b. Artist shall make every effort to develop an Artwork Design that is feasible, both in terms of engineering and budget as communicated by the Design Team, City and Contract Manager. C. Artist shall use tested and proven technology that consists of durable material suited for the parking garage environment and which will result in minimal maintenance requirements for the City. d. Artist may use additional consultant support, as determined by Artist, at no additional expense to Design Team or the City. e. Upon City approval of schematic Artwork Design for the Site, Artist shall provide design development and construction documents and shall work closely with the Design Team to coordinate Artwork with other building components and systems. f. Artist shall assist the Design Team in their preparation of cost estimates and shall provide written comments as to those estimates. g. Artist shall provide copies of progress renderings, audio samples, narratives, and drawings to the Contract Manager to become part of the City of Fort Worth Public Art archive. h. Artist shall attend and participate in Fort Worth meetings as required. Fee includes all costs related to such travel. The required meetings are: Page 2 of 12 i. A two-day site tour and charette with the Design Team on February 20-21, 2006; ii. A one-day preliminary design presentation to the Mayor and Council Members scheduled for March 6, 2006. iii. A one-day design presentation to Mayor and Council Members tentatively scheduled for March 22, 2006. iv. A one-day design presentation to the Downtown Design Review Board and the Fort Worth Art Commission tentatively scheduled for April 13, 2006. 1.2. Deliverables Artist shall perform the services and furnish all supplies, materials, and equipment necessary in a timely manner to complete the Artwork Design, in accordance with the project schedule: Conceptual Design February 20,2006—March 22,2006 Schematic Design March 23,2006—April 14,2006 Design Development April 17,2006—May 9,2006 Construction Documents May 9,2006—August 2006 and provide deliverables with copies to the Design Team, City and Contract Manager, for City approval, as follows: a. Conceptual Phase Deliverables: Artist shall provide at a minimum the following deliverables at the conclusion of the Conceptual Design Phase, with copies for the City, Contract Manager and Design Team as indicated: i. Detailed color renderings of Artwork Design. Copies shall be required by the City and Contract Manager and four copies shall be provided to the Design Team. An electronic file of the renderings shall also be provided to the City, Contract Manager Page 3 of 12 and to the Design Team. ii. An audio sample demonstrating the design intent/concept, with copies to the City, Contract Manager and Design Team. iii. Additional drawings to support and clarify the Artwork Design to the City, Contract Manager and four copies to the Design Team . iv. A narrative description of the Artwork Design that describes in detail the various components proposed to the City Contract Manager and Design Team. v. A narrative description of the expected maintenance requirements, procedures, and costs associated with Artwork Design to the City, Contract Manager and Design Team. b. Schematic and Design Phase Deliverables: Artist shall provide further development of approved concept appropriate to the phase of the project that further defines the Artwork Design and allows for required coordination with the supporting building systems. Artist shall provide a detailed narrative description and preliminary budget for those elements to be composed, fabricated and installed by Artist under an Artwork Commission Contract with the City on the budget form hereto as Exhibit "A", inclusive of fabrication, delivery, installation, insurance, and all associated costs. It is understood that the budget for implementation of the Artwork Design shall not exceed Three Hundred Twenty Thousand Dollars and No Cents (,$320,000), including all elements that are finally determined by the Artist and the Design Team to be incorporated in the construction documents for the Site. c. Construction Documents: Artist shall provide drawings and specifications required for bidding the building construction. Artist shall review the Design Team's specifications and drawings as necessary to assure coordination with Artwork. Additionally, Artist shall provide documentation of the Artwork so that Artwork can be fabricated by the Artist or a contractor chosen by the Artist. Page 4 of 12 � �I� �`.`✓.':.ick S'SG�. Artist shall also provide an O&M manual and plan that describes training and scheduled maintenance requirements. 1.3. Design Review. a. Due to the integral nature of the Artwork Design, the City shall conduct its review concurrently with the architectural design for the Site. The City may require the Artist to make such revisions to the Artwork Design as are necessary for the Artwork to comply with applicable statutes, ordinances or regulations of any governmental regulatory agency having jurisdiction over the Final Design Site for reasons of safety and security. b. The City may also request revisions to the Artwork Design for other practical, mon- aesthetic, reasons. c. Within thirty (30) days of its receipt of the Artist's submission of the Final Design, the City shall notify the Artist of its approval, or disapproval, of such submission and of each revision made in the Proposal. Revisions made pursuant to this Section 1.3, upon approval by the City, shall become part of the Final Design. d. If the Final Design or any required revision is disapproved by the City, the Artist shall have thirty (30) days to resubmit the Final Design in conformance with the City's requirement. If resubmitted materials are not approved by the City this contract may be terminated at the City's option, provided, however, that the Artist shall be paid in full per the payment schedule in Section 2.1. If the Final Design is accepted by the City, this Agreement shall terminate upon final payment to the Artist for his design services and negotiations for fabrication, delivery and installation of the Artwork shall commence. ARTICLE 2 COMPENSATION AND PAYMENT SCHEDULE 2.1. Fixed Fee. The City shall pay the Artist a fixed fee of EIGHTY THOUSAND DOLLARS AND CENTS ($80,000,) ("Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including travel expenses. The Fee shall be paid in the following installments, expressed as percentages (or portions) of the Fee, each installment to represent full and final, non- refundable payment for all services and materials provided prior to the due date thereof- Page 5 of 12 INIQQ�1I S ;t �IQI;,,f,.ru, a. Fifty percent (50%) upon execution of this Agreement. b. Twenty-five percent (25%) within 30 days after commencement of the services outlined in Section 1.l.h.iv. and Section 1.2.b. c. Twenty percent (20%) within 30 days after commencement of the services and deliverables outlined in Section 1.l.h.v. and Section 1.2.c. d. Five percent (5%) within thirty (30) days after City notifies the Artist of its approval of detailed design drawings, working drawings and other items required under Section 1.1.3. 2.2. 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 Artwork Design. The City shall supply Artist with the "Texas Sales Tax and Local Sales Tax Exemption Certificate", in substantially the same form as that attached hereto and incorporated herein as Exhibit "B." 2.3. Artists' Expenses. The Artist shall be responsible for the payments of all mailings or shipping charges, including insurance, on submissions to the City and the costs of all travel by the Artist, except as otherwise provided, and the labor costs for Artist's agents, subcontractors, and employees necessary for the proper performance of the services required under this Agreement. ARTICLE 3 REPRODUCTION RIGHTS 3.1. General. a. Artist's final design and all other work products under this Agreement shall become the property of the City, without restriction on future use, if the City accepts the design and the artwork is built, except as provided below. If the City does not accept the final design or, after acceptance, a commission contract is not entered into and fully performed, ownership of the final design shall revert to the Artist. Except as provided below, Artist may retain copyright and other intellectual property rights in and to the final design. By execution of this Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict or display the final artwork for any non-commercial purpose whatsoever; for purposes of this limitation, any graphic depiction or display of the final artwork intended to promote or benefit the City, its public services or its pub r, C.i n,r'rN/�i0) regardless of whether or not a fee is charged to the public, or whethe 1L�v�.4&1' 'v1� 1D Page 6 of 12 otherwise received by the City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit the City's absolute, unrestricted rights, incidental to the City's full ownership of the final artwork, to operate, maintain, alter, change, modify, destroy, or remove, in whole or in part, the final artwork when the City deems it necessary within its discretion and in accordance with the City's deaccessioning policy, in order to otherwise exercise the City's powers and responsibility in regard to public works and improvements, in furtherance of the City's operations or for any other reason. However, no such operation, maintenance, alteration, change, modification, destruction, or removal shall occur without prior written notification of the Artist as required in 17 USC 113(d). Contrary to the City's current deaccessioning policy, the City agrees not to deaccession the Artwork for ten years from the date of installation of the Artwork. b. The City shall take title to all documents and/or drawings, which constitute or are components of the Artwork Design, upon final approval of the Artwork Design. These documents and/or drawings will be retained for archival and exhibition purposes. c. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of this Artwork Design, except as those rights are limited by this Agreement. The City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Artwork Design and accompanying materials for any municipal purpose. The sound score created for the Artwork shall be registered with ASCAP (The American Society of Composers and Producers) by the Artist and shall comply with all ASCAP regulations. No reproductions of the sound score shall occur without the Artist's permission. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "© date, Artist's name." 3.2. Artist's Address. The Artist shall notify the Contract Manager of changes in Artist's address. 3.3. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of the Artist, except that the Artist's Estate shall retain the sole copyright to the Work. Page 7 of 12 ARTICLE 4 ARTIST AS INDEPENDENT CONTRACTOR The Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. The Artist 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 the City and the Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between the City and the Artist. ARTICLE 5 INDEMNIFICATION The Artist agrees to defend, indemnify and hold the City, its officers, agents, servants and employees, harmless against any and all claims, lawsuits, actions, costs and expenses of any kind, including but not limited to, those for property damage or loss (including alleged damage or loss to Artist's business and any resulting lost profits) and/or personal injury, including death, that may relate to, arise out of or be occasioned by (i) the Artist's breach of any of the terms or provisions of this Agreement or (ii) any negligent act or omission or intentional misconduct of the Artist, its officers, agents, associates, employees, contractors or subcontractors, related to this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of the City or its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Artist and the City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the state of Texas, nothing herein shall be construed as a waiver of the City's governmental immunity as further provided by the laws of Texas. ARTICLE 6 MISCELLANEOUS 6.1. Compliance. The Artist shall comply with all Federal, state and local statutes, ordinances and regulations applicable to the performance of the Artist services under this Agreement. Page 8 of 12 �' '° 6.2. 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. 6.3. 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 the City. 6.4. 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 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. 6.5. 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. 6.6. 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 the City and the Artist and their respective successors and permitted assigns. 6.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of the City and the Artist, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. Page 9 of 12 6.8 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. 6.9. 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 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. 6.10. 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. 6.11. Fiscal Funding Out. If for any reason, at any time during any term of this Agreement, the City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by the City to the Artist of written notice of the City's intention to terminate or (ii) the last date for which funding has been appropriated by the City Council for the purposes set forth in this Agreement. 6.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. ` r '1 ,1J,l 'E \:7 D Page 10 of 12 `,1 6.13. Artist's Right to Complete. It is understood that the Artwork Design provided under this Agreement shall require a subsequent artwork commission contract with the Artist or a contractor selected by the Artist, to fabricate and install components of the Artwork Design. These components will be as determined in the final Construction Documents. ARTICLE 7 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: Libby Watson, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: David Yett, City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 Martha Peters, Public Art Director Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, TX 76107 2. ARTIST PHENOMENARTS, INC. Christopher Janney, President 75 Kendall Road Lexington, MA 02173 Page 1 1 of 12 � " IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CIT OF FORT WORTH ibby Watson Assistant City Manager A / 4 / Christopher Janney, Pres ent PHENOMENARTS, IN AVPROVED AS TO FORM: ATTESTED BY: �,Leann Guzman Marty Hen ix Assistant City Attorney City Secretary 0'-C� Contract Authorizat on '04 Dat Page 12 of 12 FM�L^' FORT WORTH PUBLIC ART PROJECT BUDGET Please complete this form and attach a signed receipt of estimate complete with per unit costs (no lump sums)for all items designated with an asterisk*. TRAVEL(Non-local residents only) FABRICATION COSTS Airfare (Please attach a complete list of materials,cut-sheets and Car Rental individual estimates including per unit costs with this forth) Per Diem Expenses at$_per day Materials* (Total) Mileage at$_per mile Labor*(Total) STUDIO OVERHEAD TRANSPORTATION Studio Rental,other expenses Materials to Fabrication Site* Phone and fax chargesFinished Work to Installation Site* Supplies,detailed below Other* SITE PREPARATION Landscaping/Irrigation* Removal* Electrical Modifications* INSURANCE Test Drilling* Auto Liability Water Work/Mechanical Devices General Liability for Artist/Subcontractors Other* Worker's Comp./Employer's Liability OTHER COSTS RELATED Other,as applicable TO YOUR PROJECT* Photo/Video Documentation _ ARCHITECTS,ENGINEERS Other (If applicable,drawing must be signed and sealed by a professional registered to practice in the State of Texas) Architect* Structural Engineer* CONTINGENCY(5%) Electrical Engineer* Other* GRAND TOTAL $ LIGHTING Designers* Please make any necessaiT notes here: Fixtures* Bulbs* Site Preparation* Installation* INSTALLATION COSTS (Costs must include allowance for after hours installation,if applicable.Please attach a complete list of equipment and individual estimates with this forth) Labor Scaffolding* Equipment* Off-duty Police Traffic Barriers* Storage Facility Rental* City Permits Display Devices Fireproofing* Other* Prepared By: Late: �I` Exhibit "A" V�0�+ ...�: _ f >< vtc t r r vrc i n TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items (or an attached order or invoice) To Be Purchased: All Items I claim this exemption for the following reason: Name of exempt organization: City of Fort Worth Texas Sales and Use Tax Permit Number 1-75-6000528-6 Project for which materials and supplies are purchased: - I understand that'I will be liable for payment of sales tax, which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon conviction, may be fined up to $500 per offense. Tax Exempt Status Due to Being a Governmental Entity Purchaser: City of Fort Worth Street Address: 1000 Throckmorton Street City, State, Zip Code: Fort Worth, Texas 76102 Sign Here: 4Date: Z D 3 Phone: (817) 871-8517_ J -es R.Keyes,Director Finance This certificate does not require a number to be valid. Sales and use tax "exemption numbers" or"tax exempt" numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. " EXHIBIT s C,, D . Pagel of 3 City of Fort Worth,. Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/21/2006 - Ordinance No. 16860-03-2006 & Ordinance No. 16861-03-2006 DATE: Tuesday, March 21, 2006 LOG NAME: 03ARTPARKGARAGE REFERENCE NO.: C-21355 SUBJECT: Adoption of Appropriation Ordinances and Authorization to Enter into a Design Agreement with PhenomenArts, Inc., for Collaborative Design of Integral Public Art/Design Enhancements for the City Parking Garage RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $80,000.00 and decreasing the unreserved, undesignated fund balance by the same amount; 2. Authorize the transfer of $80,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $80,000.00; 4. Authorize the City Manager to enter into a Design Agreement with PhenomenArts, Inc. for design of integral public art/design enhancements, in collaboration with Jacobs Facilities, Inc., for the City Parking Garage, in an amount not to exceed $80,000. DISCUSSION: The Design Agreement with PhenomenArts, Inc. will result in a collaboratively designed, interactive public art/design enhancement project that incorporates colored glass, light and sound into the fabric of the City Parking Garage's architecture. The public art should enhance the experience of Convention Center visitors and parking garage patrons, who will encounter and activate a series of lights and colorful shadows that could provide way-finding cues, as well as unique Fort Worth sounds, befitting of the City's hospitality district. It is anticipated that the fabrication and installation of the resulting art components will be handled through an Artwork Commission Contract between the City and PhenomenArts, Inc., in collaboration with the City's general contractor for the Parking Garage. Project funding is consistent with the ordinance creating the Public Art Program and the Fort Worth Art Commission's Draft Long Range Public Art Plan for the Water Fund, presented to the City Council on November 14, 2005, which recommends an allocation equivalent to 2% of a projects budget for public art/design enhancements for City capital projects. The project was included in the Fort Worth Public Art Program's FY2005-06 Annual Work Plan, adopted by the City Council on October 25, 2005, (M&C C- 21111) as a part of the City's agreement with the Arts Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. BACKGROUND: Using the process and guidelines established in the Fort Worth Public Art Master Plan (adopted by the City http-'/www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006 Page 2 of 3 Council in September 2003), an artist selection panel, chaired by Council member Wendy Davis and including representatives of Jacobs Facilities, Inc., the Fort Worth Art Commission, and the community, reviewed the qualifications of 20 local and national artists from the Pre-Qualified List of Established Public Artists on January 18, 2006. On February 2, 2006, the artist selection panel conducted telephone interviews with the three finalists selected and then recommended Christopher Janney, President of PhenomenArts, Inc., for the project. Selection Panel (Voting): Council Member and Appointees: * Council Member Wendy Davis * Sandra Dennehy, AIA * Dr. David Stone Fort Worth Art Commission Appointees: * Kirk Millican, AIA, Fort Worth Art Commission Representative * Carol Ivey, Artist Jacobs Facilities, Inc. Representative: * Brent Byers, AIA Advisors Non-Voting Representatives of: * Downtown Fort Worth Initiatives, Inc. * Transportation & Public Works Department * Public Events Department * Jacobs Facilities, Inc. Staff On February 14, 2006, the Fort Worth Art Commission reviewed the artist selection panel's recommendation and made a formal recommendation to the City Council to engage Christopher Janney, PhenomenArts, Inc., for the Parking Garage project and to dedicate an amount not to exceed $400,000 for the project. It is proposed that funding for the design portion of the City Parking Garage public art project come from the Culture and Tourism Fund (GG04). Based on funding availability in the Culture and Tourism Fund at the time of art fabrication and installation, staff will make a funding recommendation to Council at that time, which will utilize some combination of Culture and Tourism Fund monies and Water funds in the Specially Funded Capital Projects Fund. The City Parking Garage is being funded from a combination of Culture and Tourism Fund dollars and revenue bonds financed by parking revenue. This project is physically located in COUNCIL DISTRICT 9, but benefits all Fort Worth residents. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. The unreserved, designated fund balance of the Culture and Tourism Fund will be $14,225,306.00 after this appropriation. TO Fund/Account/Centers FROM Fund/Account/C enters 1.) GG04 538070 0240400 $80,000.00 2.) GG04 538070 0240400 $80,000.00 C291 472004 031980013630 80 000.00 291 531200 031980013630 $80,000.00 31 $80,000.00 C291 531200 031980013630 Submitted for City Manager's Office by_ Libby Watson (6183) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006 Page 3 of 3 Originating Department Head: Bridgette Garrett (8518) Additional Information Contact: Sandy Oliver (7371) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/21/2006