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HomeMy WebLinkAboutContract 52669 CITY SECRETARY CONTRACT NO. Sol b b� o � � AGREEMENT BETWEEN THE CITY OF FORT WORTH AlY +TITDY TEDFORD DEATON FOR PARTICIPATION IN CURATOR SELECTION PANEL INTERVIEW FOR PUBLIC ART FOR SUMMER CREEK AND ALTA MESA ,w This Agreement is entered into this 1ii,�019,by and between the City of Fort Worth, a AF home-rule municipal corporation of the State of Texas,acting by and through Dana Burghdoff, its duly authorized Interim Assistant City Manager, and Judy Tedford Deaton, 826 North 3rd Street,Abilene,Texas, 79601. 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 has designed and constructed a roundabout at the intersection of Summer Creek Drive and McPherson Boulevard and has completed improvements at the intersection of Alta Mesa Boulevard and Summer Creek Drive, in Council District 6; WHEREAS,the City has set aside funds for public art for the Sites as recommended in the Public Art Plan for the 2008 Bond Program (M&C G- 17094, October 26,2010); in the Public Art Plan for Critical Capital Needs(M&C G-17095, October 26, 2010);and in the Public Art Plan for the 2004 Bond Program (Proposition 1) (M&C G- 14801,May 17,2005),and the projects were included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by the Fort Worth City Council on November 6,2018,as M&C G-19412; WHEREAS, the Fort Worth Art Commission (FWAC) is overseeing an artwork selection process in accordance with the Project Outlines and the guidelines in the Fort Worth Public Art Master Plan Update; WHEREAS, Judy Tedford Deaton has been selected as one of the candidates for Curator for the Projects and is being invited to participate in a site visit(at 9:30 AM) and an interview conducted by the Curator Selection Panel(at 1:00 PM) on Thursday,July 25,2019,in Fort Worth,Texas; and, WHEREAS,the City intends to select one Curator for the Projects based on the interviews; NOW, THEREFORE, City and Curator 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 Curator. 1.2. Curator—Means and includes Judy Tedford Deaton. Agreement Between the City of Fort Worth and t� iL RECORD Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alt sa Copy 7/25/19 CITY SECRETARY FT. WORTH,TX 1.3 Curator Selection Panel —Means and includes a panel comprised of artists, arts professionals, Arts Council staff representatives, City Council Member and a Fort Worth Art Commission representative. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County,Inc., and/or its officers,directors, or employees. 1.5. City—Means and includes the City of Fort Worth, Texas and its officers,representatives, agents, servants, and employees. 1.6. Effective Date—Means and includes the date represented in the first paragraph of this Agreement, which shall be the official date of execution of this Agreement. 1.7. Parties—Means and includes City and Curator. 1.8. Projects—Means and includes the capital improvements or public art development undertaking of City for which Curator's services are to be provided pursuant to this Agreement. 1.9. Project Core Team — Means and includes the appropriate City Council Member(s), and their appointed community representatives and others as may be appropriate. 1.10. Project Outline—Means and includes the outlines approved by the Fort Worth Art Commission. 1.11. Site — Means the intersections of Summer Creek Drive at McPherson Boulevard, including the roundabout,and the intersection of Alta Mesa Boulevard at Summer Creek Drive in Council District 6,adjacent to the Chisholm Trail Parkway,Chisholm Trail Park and Chisholm Trail Community Center,which is further depicted in the attached Exhibit"A." ARTICLE 2 PURPOSE, SCOPE OF SERVICES,AND DELIVERABLES 2.1. Purpose. The purpose of this Agreement is to provide the Curator an honorarium and compensate him for round trip travel from Abilene to Fort Worth in order to participate in a site visit and interviews conducted by the Curator Selection Panel to recommend a Curator to the FWAC for approval to proceed to the next phase of these Projects, which will include meeting with the Project Core Team and conducting research into available and appropriate artworks. The City does not guarantee that Curator will be selected to proceed to the next phase of the Projects. 2.2. Scone of Services. a. Curator shall participate in a site visit on July 25, 2019 at 9:30 AM Central Standard Time in Fort Worth, Texas. b. Curator shall participate in an interview on July 25, 2019 between 1:00 PM—4:00 PM Central Standard Time in Fort Worth,Texas. C. Curator shall prepare and present a visual presentation demonstrating examples of their curatorial work and curatorial approach to the Curator Selection Panel and be interviewed by the Curator Selection Panel in Agreement Between the City of Fort Worth and Page 2 of 16 Judv Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 Fort Worth, Texas, on Wednesday, July 25, 2019 in a time slot between 1:00 PM and 4:00 PM in Fort Worth,Texas.The Curator shall be provided with a list of questions that they are expected to address during the interview and understands that additional questions may also be posed by the Curator Selection Panel. d. Curator shall allow video recording and photography of his/her presentation to the Curator Selection Panel. e. Curator shall make one (1) trip to Fort Worth, Texas for meetings and presentations as indicated above. Additional trips, if required per this Article, may be negotiated and agreed upon in writing by City and Artist. 2.3. City Assistance. Curator acknowledges receipt of the Project Outline approved by the FWAC. Upon request by Curator, City shall promptly furnish all information and materials required by Curator to the extent that such materials are available. City,upon request by Curator, shall also provide correct scaled drawings of the Site,if available. 2.4. Notification of Selection. a. The Contract Manager shall notify the Curator,by phone and in writing,of the final outcome of the Curator selection process, i.e., whether or not the Curator was selected to proceed to the next phase of the Projects,within 15 days of the FWAC's approval of the Project Curator. 2.5. Alternate Curator. a. Any Curator not selected to proceed to the next phase of the Project may be designated as an alternate for a period of six months from the date the City sends final payment to Curator under this Agreement. The Curator shall not receive any additional compensation for such designation. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Curator under the Agreement shall be in the amount of SIX HUNDRED FIFTY FIVE DOLLARS AND NO CENTS ($655.00),which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, an honorarium of$250.00 plus $405.00 for all travel expenses and services performed and materials furnished by Curator under this Agreement. Curator 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 Curator 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. THREE HUNDRED TWENTY SEVEN DOLLARS AND NO CENTS ($327.00.00) upon execution of this agreement. Agreement Between the City of Fort Worth and Page 3 of 16 Judv Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa 'Copy 7/25/19 ii. THREE HUNDRED TWENTY EIGHT DOLLARS AND NO CENTS ($328.00.00) within thirty(30)calendar days after Curator travels to Fort Worth and participates in the site visit and is interviewed by the Curator Selection Panel. 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 Curator with the"Texas Certificate of Exemption,"in substantially the same form as that attached hereto as Exhibit`B"for use by Curator in the fulfillment of this Agreement. 3.4. Curator's Expenses. Curator 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 Curator'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 Curator 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 Curator 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. The City may terminate this Agreement for cause in the event Curator fails to perform in accordance with the requirements contained herein.In such event, City shall give Curator written notice of Curator's failure to perform, giving Curator seven(7) calendar days to come into compliance with the Agreement. If Curator fails to come into compliance with this Agreement,City shall notify Curator in writing,and this Agreement shall be terminated as of the date of such notification. In such event, Curator shall not be entitled to any additional compensation. 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. Agreement Between the City of Fort Worth and Page 4 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 b. If the termination is for the convenience of City, City shall pay Curator for services actually rendered up to the effective date of termination. C. If termination is for the convenience of Curator, City shall have the right, in its sole discretion, to pay Curator for services actually rendered up to the effective date of termination or require the Curator to remit to City a sum equal to all payments (if any) made to the Curator pursuant to this Agreement prior to the effective date of termination. ARTICLE 5 CURATOR AS INDEPENDENT CONTRACTOR Curator shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Curator 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 Curator, his/her officers, agents, employees and subcontractors,and doctrine of respondent superior has no application as between City and Curator. ARTICLE 6 INDEMNIFICATION 6.1. General lndemnity. a. CURATOR 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 THE ACTS, ERRORS, OR OMMISSIONS OF CURATOR AND/OR CURATOR'S SUBCURATORS, CONTRACTORS AND SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. Agreement Between the City of Fort Worth and Page 5 of 16 Judv Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 b. Curator 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 Curator in connection with or incidental to performance under this Agreement. C. Curator 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. 6.2. Intellectual Property. Curator 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 Curator. 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 Curator without the appropriate licenses or permission being secured by Curator in advance. IT IS FURTHER AGREED THAT CURATOR 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 Curator. ARTICLE 7 MISCELLANEOUS 7.1. Com liance. Curator shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Curator's services under this Agreement. 7.2. 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. 7.3. 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. 7.4. Waiver. Agreement Between the City of Fort Worth and Page 6 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa :opy 7/25/19 No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 7.5. 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. 7.6. 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 Curator and their respective successors and permitted assigns. 7.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Curator, and any lawful successor or assign,and are not intended to create any rights,contractual,or otherwise,to any other person or entity. 7.8. 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. 7.9. Force Maieure. 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. 7.10. 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. 7.11. Fiscal Funding Out. Agreement Between the City of Fort Worth and Page 7 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Sumner Creek and Alta Mesa Copy 7/25/19 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 Curator 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. 7.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.13. Right to Audit. Curator agrees that City will have the right to audit the financial and business records of Curator 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 Curator 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. Curator 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 above. 7.14. Certified MBE/WBE. If applicable, Curator 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. 7.15. Survival Provision. The provisions contained in Articles 5 (Ownership and Intellectual Property Rights), 6 (Warranties of Title and Copyright), 7 (Curator as an Independent Contractor), 8 (Indemnification), and 9.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 7.16. 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. 7.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 7.17. Israel. If Curator is a company with ten(10) or more full-time employees and if this Agreement is for$100,000 or more, Curator 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 Agreement Between the City of Fort Worth and Page 8 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 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 applicable under this Agreement and Curator is considered a "company," by signing this Agreement, Curator certifies that Artist's signature provides written verification to the City that Curator: (1)does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. ARTICLE 8 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Dana Burghdoff,Interim Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Copies to: Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Vice President, Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. CURATOR Judy Tedford Deaton 826 North 3rd Street Abilene,Texas, 79601 IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH CURATOR by: --Off ICIAL RECORD YO CITY SECRETARY Agreement Between the City of Fort Worth and � �RT�I,TX of Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alt W V Copy 7/25/19 Dana Burghdoff, Judy Tedford Deaton Interim Assistant City Manager 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. /Z /� Name: Anne Allen Title: Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: Jessica Sangs ng ,,,Assistant Ci Attorney Form 1295: Not required ATTESTED BY: Mily J. ayser City Secretary `h•w,.,� r� Contract Authorization: M&C—No M&C Required OFFICIAL RECORD Agreement Between the City of Fort Worth and Pa CITISECRETARY Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta MeV . WORTH,TX Execution Copy 7/25/19 Exhibit A: Site t'RTV — $Mrttlw9il Christian ESTATES IF Sc+000l.chishokn.. WEDGWOOD i OMM 8d Tram T Altamesa a Trall SOUTH l PMaa tolm Lake-Cranbury ,. ssiona KINGSWOOD PLACE CANDLERIDGE GREEN NEIGH CANDLE {„ sy— RIDGE WEST t S� MEADOWS OF CANDLERIDGE MEAD( 7nr 00konbus TOO HULEN HEIGHT'S y HULEN SPRINGS m a MEADOW Compass SOIL Storage A The Grandview T at Chisholm Tram QChisholm Trail R n Chi shoe Trail Park -Historynm*er es Pri ..rose hishokn Tram Shops at Chisholm Trail Ranch by Trendmaker Homes Agreement Between the City of Fort Worth and Page 11 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 DIRKS AND ALTA MESA(DETAIL, 4 ae*N,�Q � Y � � �PIeYC Searepe a Jwr"Comed: Ae.�e a USMO FOR Wes.,. �y 6r�y16B O p •' "'1i� T 4 qMW 8W Dift Rd 7eperr.nh . Dirlu Rd Goredu AWo! Ah&Wft OW Betlea�Garderre A � 6p/�`qfp end. T a _ SUMMER CREEK AND MC PHERSON (DETAIL) 4 4 n =CNeMYr TrY WS at Chi holm TMN T Nrth e-W td - X y i c Agreement Between the City of Fort Worth and Page 12 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Sw*ner Creek and Alta Mesa Copy 7/25/19 Exhibit B: Approved Project Outline Curator Selection Process To Identify Sculptures by Texas Artists For Potential Acquisition PROJECT APPROACH In an effort to expedite projects included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan with public art funds from the 2004 Bond, 2007 Critical Capital Needs and the 2008 Bond Programs, a two-part process is being recommended: 1. A Curator Selection Process will select a Texas-based curator who will research and identify appropriate and available large-scale sculptures by Texas artists for potential acquisition. 2. A Sculpture Selection Process will allow a Project Core Team to review and select individual sculpture(s)from those presented by the Curator, for eligible sites. Purchasing existing sculptures from Texas artists will put the funds to work directly for implementation (acquisition, delivery and installation)and will save time and budget that would otherwise be utilized for artist selection and design phases, yielding more impactful artworks. It also allows for works by Texas artists that may not be available via the commissioning process to become part of the Fort Worth Public Art Collection. A qualified Texas-based curator, with extensive knowledge of Texas sculptors, will be selected to research and recommend a selection of individual artworks appropriate for the projects listed below. Once artworks are selected, the curator may also assist with purchase negotiations. 1. Alta Mesa, CD 6 (2007 Critical Capital Needs$359,830) 2. Summer Creek, CD 6 (2004 Bond $91,003; 2008 Bond $256,484) 3. Prairie Dog Park, CD 5 (2008 Bond $357,599) 4. Rosemont Park, CD 9 (2007 Critical Capital Needs$187,728) The selection of sculptures for two sites in Council District 6 -Alta Mesa and Summer Creek - are the top priority. However, the Curator will be made aware of the other potential sites listed above and they may be added to their scope of work later. For each opportunity, staff will recommend a Sculpture Selection Process for approval by the Fort Worth Art Commission (FWAC) prior to proceeding. [NOTE: The Sculpture Selection Process for the sites in Council District 6 is being considered by the FWAC simultaneously with this Curator Selection Process.] CURATOR SELECTION PROCESS Staff will recommend a short-list of 3 qualified Texas-based curators, from the list below, after vetting each for interest and availability. Those who wish to be considered will be invited to submit their qualifications and a letter of interest with their fee schedule. • Patricia Meadows • Rebecca Lawton • Clint Willour • Dennis Nance • Bonnie Pitman • Judy Deaton • Howard Taylor The Curatorial Committee will convene and interview the Curators and recommend one. Upon approval by the FWAC, the Curator will be placed under a Professional Services Agreement with a scope that includes site visits, an initial input meeting with the Project Core Team prior to beginning work, and prioritizes finding artworks for the two projects in CD 6. The Agreement can be amended to increase the scope to include additional projects as the Curator may identify other appropriate works during their research. The Curator's compensation will be negotiated and will not exceed $25,000.00, plus an additional amount for travel, if based outside of the North Texas area. Agreement Between the City of Fort Worth and Page 13 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa :opy 7/25/19 Staff will advise Curator of budget for purchase, ensuring that sufficient funds have been set aside for contingency, project management, engineering, footings and installation. Curator will research and recommend a range of works that fit the available budget for the priority projects in Council District 6. CURATORIAL COMMITTEE Voting 1. TBD, Texas-based Artist or Arts Professional 2. TBD, Local University Gallery Curator or Director 3. TBD, Local Museum Curator Non-Voting Advisors 4. Leslie Thompson, Fort Worth Art Commission 5. Anne Allen, FWPA Staff/Curatorial Committee Facilitator CURATOR SELECTION PROCESS TIMELINE (Subject to change) Art Commission Approves Project Outline March 20, 2019 Staff invites interested curators to submit qualification and Establishes Curator Selection Panel March/April 2019 Committee Reviews Qualifications and Interviews Finalists and recommends a Curator April/ May 2019 FWAC Approves Curator Selection Committee's Recommendation June 10, 2019 Curator Placed Under Professional Services Agreement June 2019 (See "Sculpture Selection Process for Sites in Council District 6"for continuation of timeline] Agreement Between the City of Fort Worth and Page 14 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 APPENDIX A: MAP OF PROJECT LOCATIONS Alta Mesa (top)and Summer Creek (bottom), Council District 6 --^ --Q 4wrt, 'R;U C Southwest Christian ah ESTATES School,Chishokn._ �rkaee WEDGW00D mow- ( ishto Trail Aitamesa 3 Trail CSO U T H O Prohs Plow Lake-Granbury a KINGSWOOD y PLACE CAND„LERIDGE GREEN NEIGH CANDLE k.r RIDGE WEST +" t" MEADOWS OF �Si4 '"+OwTnu CANDLERIDGE MEAD( Cdumbw 7rall HULEN HEIGHTS HULEN SPRINGS Y MEADOW Compass SON storage The Grandview at Chisholin Trail pChisholm Trail Ran p Ch Trail Park -HiMMmakar Primrose Chishop comm rutty Center Shops at Chishokn Trail p Comm Ct*ftlm Trail Ranch by Trendmaker Homes Agreement Between the City of Fort Worth and Page 15 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa Copy 7/25/19 Exhibit C: Tax Exemption '—S 01 339(Bn#) (Rev 90DIS) TEXAS SALES AND USE TAX EXEMPTION CERTIFICATION Name of purchaser firm or agency City of Fort Worth,Texas _ Address(Street&number,P,O.Box or Route number) Phone(Area code and number) 200 Texas Street 817-392-8360 City,State,ZIP code Fort Worth,Texas 76102 I,the purchaser named above,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)from: Seller: All Vendors Street address City,State,ZIP(;ode:_ _ _ Description of items to be purchased or on the attached order or invoice. All Items except motor vehicles as listed below Purchaser claims this exemption for the following reason Municipality,Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law I understand that it is a criminal offense to give an exemption certificate to the seller for taxable items that I know,at the time ofpurchase, will be used in a mennerotherthan that expressed in this certificate,and depending on the amount of tax evaded,the offense may range from a Class C misdemeanor to a felony of the second degree. Purchaser 7Me Dafe Sign Finance Director/CFO January 3,2017 NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle. 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. Agreement Between the City of Fort Worth and Page 16 of 16 Judy Tedford Deaton for Participation in Curator Interviews for Public Art for Summer Creek and Alta Mesa 11 Copy 7/25/19