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HomeMy WebLinkAboutContract 50183CITY SECRETARY CC,h, CONTRACT N0. 50 8 AGREEMENT BETWEEN THE CITY OF FORT WORTH AND SHAWN SMITH FOR PRELIMINARY DESIGN OF PUBLIC ART FOR FIRE STATION #42 This Agreement is entered into this 16 day of January , 2018, by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Shawn Smith, an individual, residing at 8801 Mountain Path Circle, Austin, Texas, 78759. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City is completing constructing a new Fire Station near Spinks Airport, a City owned municipal airport in far south Fort Worth in Council District 6. Fire Station #42 is located at 450 Rendon -Crowley Road (Hwy 1187) and is accessed via a perimeter road from Hwy 1187 on the north side; WHEREAS, this project and site were identified in the Public Art Plan for the 2014 Bond Program adopted by City Council on October 21, 2014 (M&C G-18339), and the project is included in the Fort Worth Public Art Fiscal Year 2018 Annual Work Plan, adopted by the Fort Worth City Council on October 17, 2016 (M&C G-19139); WHEREAS, the originally selected artist, Tierney Malone, was unable to continue the project and the originally selected alternate artist, Shawn Smith, was invited to be a finalist in a new selection process; WHEREAS, the new artist selection process for an outdoor piece to be installed on the screening walls of the fire station was approved by the Fort Worth Art Commission (FWAC) on March 22, 2017; WHEREAS, through an interview and qualifications -based process, which was conducted by the Contract Manager, Shawn Smith was competitively recommended for this project by the artist selection panel on September 25, 2017, and this recommendation was approved by the FWAC on October 9, 2017; and WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. Agreement Between the City of Fort Worth and OFFICIAL, RECORD age 1 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 CITY SECRETARY FT. WORTH, TX NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City of Fort Worth and Shawn Smith for Preliminary Design of public art for the Site. 1.2. Artist — Means and includes Shawn Smith, an individual. An artist resume and portfolio image is attached hereto as "Exhibit A". 1.3. Artwork Design — Means and includes the Preliminary Design of the Work, which is defined in 1.3.a. below. 1.3.a. Preliminary Design — Means all preliminary drawings, sketches, prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and its officers, directors, and employees. 1.5. City — Means and includes the City of Fort Worth, Texas. 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. Parties — Means and includes City and Artist. 1.8. Preliminary Design Deliverables — Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding to the Final Design phase of this Agreement. 1.9. Project — Means and includes the capital improvement or public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. A project outline attached hereto as "Exhibit 13" describes the parameters and expectations of the project. 1.10. Project Stakeholders — Means and includes the appropriate City Council Member(s), and their appointed community representatives and the FWAC's appointed representative and others as may be deemed appropriate by the City. 1.11. Site — Means the screening walls of Fire Station #42, located at 450 Rendon -Crowley Road (Hwy 1187), north of Spinks Airport, a City owned municipal airport in far south Fort Worth in Council District 6, attached hereto as "Exhibit C". Agreement Between the City of Fort Worth and Page 2 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 1.12. Work — Means and includes the finished object(s) of art and design that are the subject of this Agreement, or any intermediary stage of completion of such work. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement. C. Prior to commencing the Preliminary Design, Artists shall meet with and seek input from Project Stakeholders. d. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. e. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. f. Artist shall explore concepts for the Work, within the implementation budget set forth in Article 2.3. g. Artist shall meet and coordinate with Contract Manager and others, as necessary, to explore the feasibility of integrating the Work into the Site in terms of structural support, lighting, electricity, or other infrastructure needs to support the Work. h. Artist shall present the Preliminary Design to Project Stakeholders, the appropriate City staff, and other City boards or commissions, as appropriate, for input and to the FWAC for review and approval at dates and times mutually agreed upon. If possible, stakeholders and FWAC may review together. L Artist shall make a minimum of two (2) trips to Fort Worth, Texas for meetings and presentations as required in this Agreement. 2.2. City Assistance. Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City, upon request by Artist, shall also provide correct scaled drawings of the Site, if available. Agreement Between the City of Fort Worth and Page 3 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 2.3. Preliminary Design Deliverables. a. Within four (4) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: L Preliminary design illustrations showing the proposed Work from two vantage points, including a plan view, which shall be at least 20" x 30" and mounted on foam core and/or in a high resolution digital format such as JPEG or TIF files; ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods, timeline for completion and maintenance, and anticipated annual maintenance requirements; iii. A preliminary budget estimate, on the budget form attached hereto as Exhibit "D," for final design and implementation of the Work in an amount up to SEVENTY-TWO THOUSAND, NINE HUNDRED SIXTY-FOUR DOLLARS AND FIFTY CENTS ($72,964.50) which includes all costs for materials, engineering, labor, fabrication, delivery, installation, insurance, travel costs, transportation, remaining Artist's fee of FIVE THOUSAND, SEVEN HUNDRED SIXTY-SIX DOLLARS AND FIFTY CENTS ($5,766.50), and all other associated costs for the Work; and iv. Material or fabrication samples and/or prototype models for the Work that show the size and placement of the Work in relation to the Site, as appropriate. 2.4. Preliminary Design Review. a. Artist shall meet with the designated Project Stakeholders, City staff, and other City boards or commissions, as appropriate, to present the Proposal, at a date and time mutually agreed upon, for input. Upon completion of the Preliminary Design Deliverables, Artist shall then present the Preliminary Design to the F WAC for approval at a regularly scheduled F WAC meeting. If possible, stakeholders and F WAC may review together. b. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artist's presentation to the FWAC. C. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Preliminary Design in conformance with City's requirements. Agreement Between the City of Fort Worth and Page 4 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate, with payment for work performed per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) f. Upon City approval of the Preliminary Design, any revisions made to a City -approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City -approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any Final Design Deliverables if the Artist proceeds to the final design phase. Artist shall provide the Preliminary Design presentation materials to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. These documents, models, and/or drawings will be retained for archival and exhibition purposes. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to THIRTEEN THOUSAND, FIVE HUNDRED THIRTY THREE DOLLARS AND NO CENTS ($13,533.00) which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to engineering and consulting, travel, an Artist's fee of $11,533.00 and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule. a. City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: i. TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) upon execution of this Agreement. ii. THREE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00) within thirty (30) calendar days after Artist meets with project stakeholders to gather input prior to preliminary design development. iii. THREE THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($3,500.00) within thirty (30) calendar days after Artist submits all of the Preliminary Design Deliverables required under Article 2.3 of this Agreement and makes a presentation(s) of the Preliminary Design to Project Stakeholders the FWAC. Agreement Between the City of Fort Worth and Page 5 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 iv. THREE THOUSAND, THIRTY THREE DOLLARS AND NO CENTS ($3,033.00) within thirty (30) calendar days after City's approval of the Preliminary Design. vi. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) for preliminary consultation as needed. Such payment shall be made upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed) for such services attached. 3.3. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Artist with the "Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit `B" for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist 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 City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. 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 Artist by City. 4.2. 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 Artist 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. 4.3. 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 4.3 in accordance with the dispute resolution process set forth in Article 5. 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. Agreement Between the City of Fort Worth and Page 6 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 4.4. 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. b. If the termination is for the convenience of City, City shall pay Artist for services actually rendered up to the effective date of termination, and Artist 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 payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up 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 Artist, City shall have the right, in its sole discretion, to pay Artist for services actually rendered up to the effective date of termination or require the Artist to remit to City a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist for services actually rendered, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4, then City shall pay Artist for work performed per the payment schedule in Article 3 up through the date of termination. City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination. 4.5. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs, up to the effective date of termination shall become property of City. b. Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. Agreement Between the City of Fort Worth and Page 7 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 ARTICLE 5 DISPUTE RESOLUTION If either Artist 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. 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 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 Artists 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 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Artwork Design, Work, and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or Agreement Between the City of Fort Worth and Page 8 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Artwork Design and/or Work, except as those rights are limited by this Agreement. City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Artwork Design and/or Work and accompanying materials for any municipal purpose. 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." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or Work for marketing and promotional purposes in connection with the Artist's business. e. City is not responsible for any third -party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist 6.2. Artist's Address. Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision, City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. ii. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; Agreement Between the City of Fort Worth and Page 9 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 iv. Artwork Design and/or Work (or duplicate thereof) have not been accepted for sale elsewhere; V. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Artist shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. 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 City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. GeneralIndemnity. a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION Agreement Between the City of Fort Worth and Page 10 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY a. Artist 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 Artist 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 Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred from further agreements with City. Agreement Between the City of Fort Worth and Page 11 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Al?reement. 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. 11.3. 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. 11.4. 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. 11.5. 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. 11.6. 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 Artist and their respective successors and permitted assigns. 11.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person or entity. 11.8. 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. Agreement Between the City of Fort Worth and Page 12 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 11.9. 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. 11.10. 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. 11.11. 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 Artist 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. 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist 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 Artist shall make all Records available to the City at 200 Texas 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. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. Agreement Between the City of Fort Worth and Page 13 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 11.14. Certified MBE/WBE. If applicable, Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Artist), Articles 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification) and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. 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. 11.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If Artist is considered a "company," by signing this contract, Artist certifies that Artist's signature provides written verification to the City that Artist. (1) does not boycott Israel, and (2) will not boycott Israel during the term of the Agreement ARTICLE 12 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: Copies to: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street, Third Floor Fort Worth, Texas 76102 Sarah Fullenwider, City Attorney Office of the City Attorney Agreement Between the City of Fort Worth and Page 14 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 City of Fort Worth 200 Texas Street, Third Floor Fort Worth, Texas 76102 Martha Peters, Vice President of Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 2. ARTIST Shawn Smith 8801 Mountain Path Circle Austin, Texas 78759 IN WITNESS HEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH by:�Za�O Fernando Costa Assistant City Manager Date: ARTIST k�- SAwn Smith Artist Date: January 16, 2018 Contract Compliance Manager By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Title: Public Art Project Manager TO FORM AND LEG Jessica Sangsvgdg) Assistant City Aftbrney II Form 1295: Not required Agreement Between the City of Fort Worth and Page 15 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 ATTESTED Cit, Secretary Contract Authorization: M&C — No M&C Re uired Agreement Between the City of Fort Worth and Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 OFFICIAL RECORD CITY SECRETARY FT. WORTH, T as 16 of 30 Exhibit A: Shawn Smith Resume and Portfolio Shawn Smith EDUCATION 2005 California College of the Arts: Master of Fine Art, Sculpture 1995 Washington University: Bachelor of Fine Art, Printmaking PUBLIC ART 2006-2008 Doppel Fountain. SKS' Fibro -Gen Building. Monumental Stainless Steel Sculpture, SF, CA SOLO EXHIBITIONS 2010 (Upcoming) Guerilla Arts, Dallas, TX 2009 Vicious Venue. Lawndale Ail Center, Houston. TX 2006 In All Probability. Stephen Wirtz Gallery, San Francisco, CA 2004 Fictional Realities. Michael Martin Gallery, San Francisco, CA 2001 Works of Leisure. Michael Martin Gallery. San Francisco, CA 1999 Shawn Smith. Studio Gallery, Brookhaven College, Farmers Branch, TX 1995 Shawn Smith: Works on Paper. Cite Internationale des Arts, Paris, France TWO AND THREE PERSON EXHIBITIONS 2010 Shawn Smith and Joseph Philips. d berman gallery, Austin, TX 2009 Smith, Mallman, & O'Farrell. Craighead Green Gallery, Dallas, TX 2008 Ersatz Nature: Shawn Smith & Elaine Bradford. Galveston Arts Center, Galveston, TX 2007 Shawn Smith and Connie Connally. The MAC, Dallas, TX Shawn Smith and Sarah Greene Reed. d berman gallery. Austin, TX 2006 Virtual Intervention: Shawn Smith and David I lamill. 33 Grand, Oakland, CA Connie Connally, Pancho Luna, Shawn Smith. Craighead Green Gallery, Dallas, TX Agreement Between the City of Fort Worth and Page 17 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 2002 Shawn Smith and Gail Cadman Dawson. Craighead Green Gallery, Dallas, TX 2000 Shawn Smith and Aaron Karp. Craighead Green Gallery, Dallas. TX 1998 Kala Fellowship Show: Smith, Torres, Waterman. Kala Institute, Berkeley, CA SELECTED GROUP EXHIBITIONS 2010 SculptCAD Rapid Artists. Anaheim, CA & Dallas, TX You're Invited. Craighead Green Gallery, Dallas, TX 2009 Drawn (Not Quartered). d berman gallery, Austin, TX New Art in Austin: 20 to Watch. Diverse Works, Houston. TX Texas Twelve. Wichita Falls Museum of Art, Wichita Falls, TX Stimulate, Craighead Green Gallery, Dallas. TX New Art in Austin: 20 to Watch. The Grace Museum, Abilene, TX 2008 New Art in Austin: 20 to Watch. Austin Museum of Art, Austin, TX 30 Years: 30 Artists. Brookhaven College, Farmers Branch, TX All Inclusive. Craighead Green Gallery, Dallas, TX Line/Folin. d berman gallery, Austin; `i`X New Art in Austin: 20 to Watch. Blue Star, San Antonio. TX 2007 Into the Wild. 101 California Street, San Francisco, CA Nancy Boy. City College, San Francisco, CA CCA Centennial Stephen Wirtz Gallery, San Francisco, CA 2006 Oakland: East Side Story. Yerba Buena Center for the Arts, San Francisco,CA Recent Acquisitions. di Rosa Art and Nature Preserve, Napa, CA Nancy Boy. "Truman State University. Kirksville, MO MFA Selections. di Rosa Art and Nature Preserve, Napa, CA 2005 Diorama Show, Mission 17 Gallery, San Francisco, CA Telling. Southern Exposure. San Francisco, CA White Noise Wonder Woman. PLAySPACE, San Francisco, CA M.F.A. Thesis Exhibition. California College of the Arts, San Francisco, CA Nancy Boy. Richmond Art Center. Richmond, CA Agreement Between the City of Fort Worth and Page 18 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 2004 By Any Means UnNecessary. Mission 17 Gallery, San Francisco, CA Epic. Southern Exposure, San Francisco, CA Fluid Exchange. Worth. Ryder Gallery, Berkeley, CA. 2003 TFAA 2003: 5 x 7 x X. Jones Center for Contemporary Art, Austin, TX San Francisco International Art Exposition. Fort Mason, San Francisco, CA 2002 New Art "02. Kingston Gallery, Boston, MA In Other Words. Second City Council, Long Beach, CA TFAA 2002: 5 x 7 x X. Jones Center for Contemporary Art, Austin, TX 19th Annual National Juried Exhibition. Berkeley Art Center, Berkeley, CA Dreams Aflight. Oakland in International Airport, Oakland, CA 16th Annual Art Exhibition. Emeryville Arts Inc, Emeryville, CA October International Competition. Armory Art Center, West Palm Beach, FL 2001 New American Talent 16. ,Jones Center for Contemporary Art, Austin, TX, tour 2000 Next Text. Arlington Museum of Art, Arlington, TX 14th Annual Art Exhibition. Emeryville Arts Inc, Emeryville, CA Book as Art. Dallas Public Library, Dallas, TX Paper Rock Scissors. San Francisco Arts Commission Gallery, San Francisco. CA 1999 Art Walk 1999, Craighead Green Gallery-, Dallas. TX Needle Art. Bedford Gallery, Dean L,esher Center for the Arts, Walnut Creek, CA 1998 California Small Works. California Museum of Art, Santa Rosa, CA Bay Arts 1998. Arts Council of San Mateo County, Belmont, CA 1997 Toys in Contemporary Art. d.p. Fong Gallery, San Jose, CA Kala Artists Annual Show. Kala Institute. Berkeley, CA ANA 26. Holter Museum of Art. Helena, MT Americas 2000: Paper Works. Northwest Art Center, Minot, ND ARTICLES AND REVIEWS 4 Austin Chronicle. "Joseph Phillips & Shawn Smith". Wayne Alan Brenner. September 10.2010. Dallas Morning Luxury. "1t Takes a Villa: A Preston Hollow Abode". Rebecca Sherman. April 5,20 10. California Real Estate Journal. "Art Mirrors Life." Keeley Webster. Page 34. January 19,2010. Agreement Between the City of Fort Worth and Page 19 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 1' Houston Chronicle. ""Time's Running Out to Catch These Must -See Exhibits." Douglass Britt. January 8, 2010. 1' Houston Press. "Space Invasion: Enter Lawndale's Otherworldly Realm." Troy Schulze. December 8, 2009. 1' Glasstire. "Quite the Scene Upstairs at Lawndale." Roy Neinast. November2009. 4 Houston Press. "Vicious Venue. Shawn Smith comments on technology bit by bit". Dusti Rhodes. November 19, 2009. t' Culture Map: Houston. "Lawndale's last exhibition of the year opens Friday." Caroline Gallay. November 19, 2009. 4 Art a la Carte: The Art Chronicle. "Gallery Night." Nancy Cohen Israel. October 1.2009. t' Renegade Bus. "A Two -Year Old's Gallery Odyssey." Joshua Goode. September 26,2009. * Austin American Statesman. "The (New) Art of Drawin(Y." Jeanne Claire van Ryzin. June 17,2009. 1' San Antonio Current. " Grip River and Austin Fever." Sarah Fisch. November 12,2008. 1' .Austin Chronicle. "Another Round of Praise." Robert Faires. May 9,2008. 4 Austin Chronicle. "That Was Then; This is Now." Salvador Castillo. April 1 1,2008. 1' Austin American Statesman. "Exhibit Spotlights 20 Emerging Central Texas Artists." Jeanne Claire van Ryzin. April 6, 2008. 4 The Onion. "But is it ,Art?" Sean O'Neal. Page 39. Volume 44, Number 9. February 28,2008. 4 Catalo,ue for New Art In Austin: 20 to Watch. Austin Museum of Art. 2008. 1' The Galveston County Daily News. "Real vs. Unreal." January 1 1,2008. 4 Austin American Statesman. "An Adventurous Year for the Arts in Austin." Jeanne Claire van Ryzin. December 26, 2007. 1' Art in America. "Art by Southwest." Charles Dee Mitchell. Page 60, December2007. 4 Austin American Statesman. "Seeing Things: Weekend Arts Pix." Jeanne Claire van Ryzin. October 19, 2007. 1' 7x7 San Francisco. "Boys Club." Melissa Goldstein. September 25,2007. 1' Woodwork. "Gallery: Shawn Smith." John Lavine, ed. Page 39, 4103, February2007. t' Artweek. `MFA Selections' at the di Rosa Preserve." Colin Bent'. Page 13, Volume 37, Issue 3, April 2006. 1' East Bay Express. "On the Wall: What"s Happening in East Bay Art." David Downs. Page 28, January 25. 2006. 1' Fiberarts Mw_),azine. "Food for Thought." Liz Good. Page 80. Summer2005. 4 Artweek. "'Nancy Boy' at Richmond Art Center." Barbara Morris. Page 151, Volume 36. Issue 4, May 2005. 4 Contra Costa Times. "What the Peep is Going On?" Robert Taylor. Pages C3. C5. February 6,2005. 4 San Francisco Bay Guardian. "Critic"s Choice: Epic." Clark Buckner. Page 75, December 8,2004. 4 Artweek. "Previews: Shawn Smith." Debra Koppman. Page 27, Volume 34. Issue 10, December 2003 - January 2004. 4 The Center Post. "In Other Words." Caitlin Crest, ed. Page 16, September2002. 4 Long Beach Press -Telegram. "1000 Words are Worth a Picture." Shirle Gottlieb. Page U32, August 9, 2002. 1' ArtL,ies Magazine. "Shawn Smith: Cultural Consumables." Catherine Norman. Page 76, #35 Summer 2002. t' SF Gate. "Shawn Smith: Works of Leisure." Marie -Adele Moniot. ePicks, April 27,200'1. 1' East Bay Express. "Over There: The Short List." Lindsey Westbrook. Page 54, April 27,200 1. 4 Dallas Home Design. "First and Foremost." Darrell Preston. Pages 61. 69. Septembers "October 2000. 4 The filet. "See This." Bret McCabe. Page 27, May 3-10,2000. 4 Where Magazine. "Straight From the Art: The Latest from the SF Fine Art Scene." Nicole Meoli. Page 14, April 2000. 6 San Jose Mercury News. "Where Serious Art is Child"s Play." Chiori Santiago. Page 13G, December 2I, 1997. 4 Dallas Morning News. "Museum Distributes Six Grants." Janet Kutner. May 24, 1996. AWARDS AND ACHIEVEMENTS Agreement Between the City of Fort Worth and Page 20 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 2002 First Place. In Other Words. Second City Council, Long Beach, CA 1998 Judge's Award. California Small Works. California Museum of Art, Santa Rosa. CA Third. Place 3D. Bay Arts 1998. Arts Council of San Mateo County, Belmont, CA 1997 Purchase Award. Americas 2000: Paper Works. Northwest Art Center, Minot, ND Artist -in -Residency Fellowship at the Kala Institute, Berkeley, CA 1996 Clare Hart DeGolyer Grant. Dallas Museum of Art, Dallas, TX 1995 John H. Millikin Travel Scholarship. Washington University, St. Louis, MO Artist -in Residency at Cite Internationale Des Arts, Paris; France SELECTED COMMISSIONS 2010 The Austonian. Austin, TX. 2009 Boston Consulting Group, St. Anne Building. Dallas,TX 2009 Katy Trail Animal Hospital. Dallas, TX 2008 Thomas Properties, Frost Bank Tower. Austin, TX 2008 Susan Kaminski, Vail, CO 2007 Paula Hellar and Robbie Yohai. Oakland, CA 2006 Bob Shulte. Dallas, TX 1995 Mark Johnson. Little Rock, AR 1993 Mike TraUSS. St. Louis. MO 1992 Michael Brandon Salon. Dallas, TX 1991 Microsoft. Las Colinas, TX 1989 Level V. Dallas, TX SELECTED COLLECTIONS Agreement Between the City of Fort Worth and Page 21 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 New Mexico Arts: Art in Public Places, Santa Fe, NM di Rosa Art and Nature Preserve, Napa, CA Sonny Burt and Bob Butler, Dallas, TX Whit Clark, Dallas, TX Richard and Ellen Kelson, New York, NY Carole Pierce, Ross, CA Linda Ridgway, Dallas, TX Fern and Jerre Santini, Austin, TX Harkey Ranch, Christoval, TX Marcia Tanner, Berkeley, CA Agreement Between the City of Fort Worth and Page 22 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 R4 Agreement Between the City of Fort Worth and Page 23 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 1' to Exhibit B: Project Outline Fire Station #42 Public Art Project Outline -New Artist Selection Process BACKGROUND The City of Fort Worth is under construction on a new Fire Station north of Spinks Airport, a City owned municipal airport in far south Fort Worth in Council District 6. Fire Station 42 is located at 450 Rendon - Crowley Road (Hwy 1187) and is accessed via a perimeter road from Hwy 1187 on the north. Construction on FS 42 is expected to be completed in September, 2017. The Fort Worth Art Commission (the "FWAC") recommended the Project in its FY2012 Annual Work Plan and Budget (approved by City Council on December 6, 2011 as M&C C-25337); and a competitive artist selection process was conducted, which was overseen by the Fort Worth Art Commission (FWAC) who later approved the Selection Panel's recommendation of Tierney Malone for the project and Shawn Smith as Alternate. On March 20, 2012, the City entered into a contract with the recommended artist for Preliminary Design of Work for the Site (Fort Worth City Secretary Contract No.42995) In 2012, the City planned to fund the design and construction of the new Fire Station #42, including design and implementation of public art for the site, with Aviation Gas Well Revenue, however that funding source proved ineligible and the project was placed on hold until funding could be identified. In 2014, the City included funding in the 2014 Capital Improvement Program ("CIP"), Proposition 4, for the design and construction of Fire Station #42, including design and implementation of public art for the site, and the artist resumed design work on the project so that the artwork could be installed in time for the City's completion of the fire station in August or September, 2017. Agreement Between the City of Fort Worth and Page 24 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 However, due to unforeseen circumstances the artist was unable to move forward with Preliminary Design and so it has become necessary to select a new artist for the project. PUBLIC ART APPROACH The project provides an opportunity for a local 2D artist from the FWPA Emerging Pre -Qualified List. The location for an artwork is on the exterior of the CMU screening wall on the NW corner of the new fire station. The wall dimensions are 8 feet H x 36 feet long on the west and approximately 54 feet long on the north (there is a gate in the north wall). The screening wall is solid, has a cast stone top and is on piers, so it has the ability to support up to 300 lbs per lineal foot, which would allow for a mosaic, a painted metal mural or even a low -relief approach to an artwork. Conceptually, the artwork could address firefighting or flight and or aviation's role in shaping Fort Worth's history, including Pappy Spinks (due to the proximity to Fort Worth's Spinks Airport). SITE: Fire Station #42 is located at 450 Rendon -Crowley Road (Hwy 1187) northwest of Spinks Airport, a City owned municipal airport in far south Fort Worth in Council District 6. Access is from Hwy 1187 on the north, via a new perimeter road. As access to the Fire Station is from the north, the northwest corner of the facility provides great visibility for an artwork. Later completion of the Stone Road extension will be on the west side of the fire station roughly parallel to the perimeter road and will provide additional access. Agreement Between the City of Fort Worth and Page 25 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 ELIGIBILITY Staff will recommend 6-8 artists from the Pre-Qualified List of Emerging Artists who primarily work in two- dimensional media and whose work would be a good fit for the project. PUBLIC ART BUDGET There is $91,050 available from the 2014 Bond, Proposition 4, for an artwork associated with the Fire Station #42 at Spinks Airport. Finalist's proposal fees will come from the project budget. ARTIST SELECTION PROCESS: SELECTION PANEL #1 (Spring 2017, Date TBD) FWPA staff shall curate a group of 6-8 qualified artists from the Fort Worth Public Art Pre-Qualified List of Emerging Artists. Austin artist Shawn Smith, who was the Alternate recommended from the first Artist Selection Process, will also be invited as an automatic Finalist. All artists will be contacted prior to being considered by the Artist Selection Panel, to ascertain their interest and availability. After reviewing the artist's images and qualifications, the panel shall select the two additional finalists (the panel may also select an alternate) they feel are the best fit for the project. ARTIST ORIENTATION The Finalists shall participate in an on-site orientation for the project. Information about the project, including elevations and plans, shall be sent to the Finalists in advance of the site visit. All panelists will be invited, and participants should include the Project Architect, a Community Representative, an Aviation Representative and a Fire Department Representative. ARTIST SELECTION PROCESS: SELECTION PANEL #2: (Spring 2017, Date TBD) The Artist Selection Panel shall reconvene and interview the three artist finalists individually. The Panel will ask the artists to address a series of questions about how they would approach the project. The Panel will then recommend one artist for the project and may recommend an alternate. Upon the FWAC's approval of the Panel's recommendation, a Preliminary Design contract shall be prepared. ARTIST SELECTION PANEL (Voting) 1. Council Member Jungus Jordan 2. TBD Community Representative, CD 6 3. Sheila Hill, Fort Worth Art Commissioner 4. Carol Benson, Artist 5. Erin Vaden, Arts Professional 6. Javier Lucio, RPGA Architects 7. TBD, Fire Department, Fire Station 42 ADVISORS (Non-voting) 1. TBD, Fire Department, City of Fort Worth 2. Jaime Vera Rodriguez, Aviation, City of Fort Worth 3. Ronald Clements, City of Fort Worth 4. TBD, Other Community Representatives TIMELINE (Subject to change-process initiates upon Approval of FWAC) Approval of Project Outline by FWAC March 22, 2017 Artist Selection Panel #1 April, 2017 Finalist On-Site Orientation April, 2017 Artist Selection Panel #2 (interviews) May, 2017 Approval of Selection Panel Recommendation by FWAC June, 2017 Preliminary Design Contract Executed June, 2017 Final Design and Commission Contract Executed September, 2017 Artwork Installs Spring, 2018 Agreement Between the City of Fort Worth and Page 26 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 Exhibit C: Site Gory►. ;Mw Agreement Between the City of Fort Worth and Page 27 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 *WM" � �aeoerhbndnn 1OC7'.Q Gory►. ;Mw Agreement Between the City of Fort Worth and Page 27 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 Exhibit D: Budget Form FORT WORTH PUBLIC ART PROJECT BUDGET Pliem oompliete this form and attach a signed receipt or estimate complete with per unit costs (no lump sums) for all items designated with an asterisk(*). Cost increases must' 'also have a written estimate attached. ARTIST'S FEE TRAVEL (For artists who live more than 50 miles from Fort Worth) Airfare Car Rental Per Diem Expenses at S per day Mileage at =_ per mile INSURANCE Auto/Hired Vehicle Liability General Liability for Artist I Subcontractors Workers Comp. / Employer's Liability Other, as applicable ADMINISTRATIVE EXPENSES Phone/Fax Delivery/Shipping (for correspondence, respondence, samples, models, drawings etc) Reprographic Service Supplies PROFESSIONAL CONSULTANT FEES (If applicable, drawing must be signed and sealed by a professional registered to practice in the State of Texas) ArchiteW Structural Engineer' Electrical Engineer' Conservator' Photographer (for documentation of completed work)* Other* MATERIALS (Please attach a complete list of materials. Itemize all anticipated aspects and components with per unit cost estimates) Materials' Total FABRICATION COSTS (Include and itemize all portions of subcontracted work and work to be completed by artist.) Artist's Labor (� hours at $_ per hour) Total Subcontracted Labor* (Total) Facility/Equipment Rental (used exclusively for this project) related to fabrication SITE PREPARATION (Do not include costs covered by FWPA, City of Fort Worth or others) Test Drilling' RemovaP Landscaping/Irrigation• Electrical Modifications' Water Work/Mechanical Devices Other* (Revised May 2011) Agreement Between the City of Fort Worth and Page 28 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 Water WedA"duniW DrAm Gddr Cow ktaraarra? f+wird+d krwaara b Cart BHr Praparaebn 1f! Moattr k+ Fukn TRANSPORTATKM Mow" FsbrbWon SW f9rtithWMlark 10, Ow Cdwe Cow krowssasf: P***%d kont" In Cow TWAIPOMMbn 12 MaWa M F"" BASEIMOUNTNG BMr 1tiMrirS lwrlrrr MII QNrpOMrIY! FOYII -F-**4 Ofkr► Cort kwo""?: P *ded kw"w k► Cod AiwerNVF*W" 19 Mtt ft M RMn NSTALLATWN COSTS Pm a nrtrM kwkids sOmmrce for sew kaasr kMta/dort, N sppkdA& PMw attach a aorrpiMs wt d a4ipaaat and ktdkldsd arwaMaardt n+ir farad O boanaaaMd Laboe 6**w ra Rsr W aided to kw"~ al.Lty Pdicrtwtwlr' Tom 90004' 810 W FaofN R~ caw POW& FbwwoW fterbamofte Odsa' Cast korunas?: Pia jadrd hromme In Cort InaMdkm 12 Mm he M R baa L)QFiFIFtG f (�Abr ab PAMlflaNiW Cort Medusa?` PlajraMd MKaaru k► Cort LV" 12 Moatlr b FM" GRAND TOTAL (MCRtrMrlp "CW Cost V40S r. N tanl/1 PMrfu OMM MY MIC 20,Wnwohm. Dtw. Agreement Between the City of Fort Worth and Page 29 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17 Exhibit E: Sales Tax Exemption TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION None dpodhaw. arm or agency City of Fort Worth, Texas Address (Sneer b menber, P.O.Ow W Ruta mrmMrr} Pbone (Arms oak and mrmbmd 200 Texas Street 817-3926360 City. Stale. ZIP cods Fort Worth, Texas 76102 1, the purchaser named above, claim an exemption from payment of sales and use taxes (fur the purchase of taxable items described below or on the attached order or invoice) from: S,Wiar AN YNldon Street address: cly, SWs, ZIP o0de: De ion of Items to be purchased or on the attached order or Involm. All Items except motor vehicles as listed below Purchaser daims this exemption for the following reason: Municipality, Governmental Entity I understand that I coilf be liaWe for payment of all state aril local salts or use taxes which may become due for faWae to comply tirlth Ow provisions of the Tax Code and/or all appkaMe low. I undeatandNWN is a cdm#Woffertae to ghv an exempf/on oaf to the sellarlbrfexab/e flew diet Ilohmv, dare Eine ofpurchaae, will be used In a mminerodwMan that expressed in dtfs ceriftate, and dapendirg on the amount of tax evaded the offense may range from a Class C misdemeanor to a ldany of dM second degree. sign Tae rianu siPeFinance Director/CFO ary 3, 2017 NOTE: This c e0c ate cannot be issued for the purchase, lease, or rental of a motor vehicle. TNIS CERTIFICATEDOES NOT REQUIRE NUMBER TO BE VALID. Sales and Use Tax 'Exemption Munbers' or'rax ExeW Numbers do not exist. This certificate should be fuxr fished to the suppler. Do not send the com*Ied certificate to the Comptroller of Public Aoomo ts. Agreement Between the City of Fort Worth and Page 30 of 30 Shawn Smith for Preliminary Design of Public Artwork Execution Copy 12/29/17