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HomeMy WebLinkAboutContract 52874 RE -E11/ED CITY SECRETARY OCT -3 2019 CONTRACT NO. 5a37 q FOOT VVORTH SECRETARY AGREEMENT BETWEEN THE CITY OF FORT WORTH AND LEGGE LEWIS LEGGE LLC FOR FINALIST INTERVIEW FOR NORTH ANIMAL CONTROL PUBLIC ART PROJECT This Agreement is entered into thisf ay of k'wvn1Y , 2019, by and between the City of Fort Worth,a home-rule municipal corporation of the State of Texas,acting by and through Dana Burghdoff, its duly authorized Interim Assistant City Manager, and Legge Lewis Legge LLC, located at 4005 Idlewild Road,Austin,Texas 78731,acting by and through its Partner,Robert Murray Legge.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 Contract 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 working with Project Consultant to design and build the North Animal Control Center, to be located adjacent to the Hillshire Drop Off Center, at 301 Hillshire Drive, Haslet, Texas 76052 (Council District 7). The building is currently anticipated to be completed in early 2022; WHEREAS,this Project was included in the Public Art Plan for the 2014 Bond Program(M&C G- 18339),the Public Art Plan for the 2018 Bond Program(M&C G-19401),and the project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan,adopted by the Fort Worth City Council November 6,2018(M&C G-19412); WHEREAS, on June 17, 2019, the Fort Worth Art Commission ("FWAC") approved the project outline; WHEREAS, the FWAC is overseeing an Artist Selection Process in accordance with the project outline and the guidelines in the 2017 Fort Worth Public Art Master Plan Update,adopted by City Council on October 17,2017(M&C G-19140); WHEREAS, the Contract Manager facilitated the Artist Selection Panel, which reviewed the qualifications of artists from the Fort Worth Public Art Pre-Qualified List resulting in the Artist being selected as one(1)of the three(3)finalists for the Project and is being asked to travel to Fort Worth to interview with the Artist Selection Panel; WHEREAS, the City intends to select one (1) artist for the Project based on the interviews by the individual artists with no guarantee that any artist will be selected to proceed to the next phase of the Project; and WHEREAS,City and Artist wish to set out the terms and conditions for the finalist interviews; Finalist Agreement between the City of Fort Worth and OFFVffAiofiEORD Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 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: I.I. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist for a Finalist Interview. 1.2. Artist—Means and includes Legge Lewis Legge LLC. 1.3 Artist Selection Panel—Means and includes a panel comprised of the Project Core Team, arts professionals,Project Consultant representatives,City staff representatives, a City Council Member, and a FWAC 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 Artist. 1.8. 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 is attached hereto as"Exhibit A"describes the parameters and expectations of the project. 1.9. Project Consultant—Means and includes PGAL Design Firm. 1.10. Project Core Team—Means and includes the group of community members, generally 5-7 people, who are invited by the City Council Member to provide input on the project for its duration, in accordance with the Fort Worth Public Art Master Plan Update,page 23. 1.11. Project Stakeholders — Means and includes the appropriate City Council Member(s), the Project Core Team,the FWAC's appointed representative, and others as may be appropriate. ARTICLE 2 PURPOSE AND INTERVIEW REQUIREMENTS 2.1. Purpose. The purpose of this Agreement is to set forth the terms and requirements for Artist's interview,which shall be conducted by the Artist Selection Panel for this Project and to provide a travel stipend. This interview process may result in the selection of an artist to proceed to the next phase of this Project, namely,Preliminary Design of the artwork. The City does not guarantee that Artist will be selected to proceed to the next phase of the Project and specifically reserves the right to reject all candidates. Finalist Agreement between the City of Fort Worth and Page 2 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 2.2. Interview Requirements. a. Artist shall participate in an orientation meeting at a date and time mutually agreed upon. b. Artist shall participate in an interview with the Artist Selection Panel during a designated 30-minute time slot, at a location in Fort Worth, Texas. C. During this interview,the Artist shall: a. Briefly introduce his/her qualifications and may show a few examples of his/her relevant work in the form of a PowerPoint Presentation, as it might pertain to the Project; b. Respond to a series of questions about his/her work and availability to work within the timeframe of the Project; and c. And discuss how he/she might approach the Project philosophically;however,no specific proposal is required or permitted. d. Artist shall submit any interview presentation materials to the Contract Manager by 5:00 p.m. (CDT) three business days prior to the interview date. e. Artist shall be provided a travel stipend for Artist Selection Panel interview. f. Artist shall allow photography and video recording of the interview with the Artist Selection Panel. g. Artist shall cooperate with the Contract Manager and the City in preparing for the Artist Selection Panel interview. h. Artist shall notify the Contract Manager of any changes of address,email address,or telephone number during the duration of this Agreement. i. Artist shall make one (1) trip to Fort Worth, Texas for the interview as indicated above. Additional trips,if requested,may be negotiated and agreed upon in writing by City and Artist. 2.3. 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. 2.4. Notification of Selection. The Contract Manager shall notify the Artist, by phone and in writing, of the final outcome of the Artist Selection Panel(i.e.,whether or not the Artist was selected to proceed to the next phase of the Project),within 15 days after the FWAC's approval of the Project artist. 2.5. Alternate Artist. Any artist not selected to proceed to the next phase of the Project may be designated as an alternate for a period of six(6)months from the date the City sends final payment to Artist under this Agreement. The Artist shall not receive any additional compensation for such designation. Finalist Agreement between the City of Fort Worth and Page 3 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount of FOUR HUNDRED SEVENTY- FIVE DOLLARS AND NO CENTS ($475.00),which shall constitute full compensation for any and all costs associated with the Agreement, including, but not limited to, all travel expenses and 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 City agrees to pay Artist in the following installments set forth below, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. FOUR HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS ($475.00) within thirty (30) calendar days after Artist travels to Fort Worth for an interview with the Artist 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 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, 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. The City may terminate this Agreement for cause in the event Artist fails to perform in accordance with the requirements contained herein.In such event,City shall give Artist written notice of Artist's failure to perform, giving Artist seven(7)calendar days to come into compliance with the Agreement. If Artist fails to come into Finalist Agreement between the City of Fort Worth and Page 4 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 compliance with this Agreement, City shall notify Artist in writing,and this Agreement shall be terminated as of the date of such notification. In such event,Artist 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. 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. 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. ARTICLE 5 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 5.1. Non-Selected Artists. a. If Artist is not selected to proceed to the next phase of the Project as the Project artist, then, upon payment in full to the Artist, the Artist may be considered an alternate for a period of six(6)months from the date the City sends final payment to Artist under this Agreement. C. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. d. If,within the above-stated six-month period,the City decides to select the Artist to proceed to the next phase of the Project as the Project artist and Artist agrees to such selection,then the rights set forth in Article 5.2 for the selected artist shall supersede and govem any ownership and intellectual property rights associated with or related to this Agreement. 5.2. Selected Artist. a. If Artist is selected to proceed to the next phase of the Project as the Project artist,then the ownership and intellectual property rights set forth in this subsection shall apply and will be outlined in an additional design proposal with the Artist. b. In view of the intention that the artwork be unique,Artist shall not make any additional exact duplicate reproductions of the preliminary design proposal or the artwork, 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 preliminary design proposal and/or work, except as those rights are limited by this Agreement. If Artist is selected to proceed as the Project artist, City may make and disseminate photographs, drawings, and other two-dimensional reproductions of the Finalist Agreement between the City of Fort Worth and Page 5 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 Preliminary Design Proposal 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 preliminary design proposal and/or artwork for marketing and promotional purposes in connection with the Artist's business. C. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. ARTICLE 6 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork examples presented are unique and original,and does not infringe upon any copyright or the rights of any person; ii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the artwork or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iii. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and iv. 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 7 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 8 INDEMNIFICATION 8.1. General Indemnity. 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 Finalist Agreement between the City of Fort Worth and Page 6 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 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 ARTIST AND/OR ARTIST'S SUBARTISTS, 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. 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. 8.2. 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. Finalist Agreement between the City of Fort Worth and Page 7 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 ARTICLE 9 MISCELLANEOUS 9.1. Com liance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 9.2. 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. 9.3. 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. 9.4. 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. 9.5. 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. 9.6. 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. 9.7. 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. If Artist is represented by a person or an entity, including but not limited to a gallery, ("Agent")Artist understands that this Agreement is being entered into solely for the benefit of City and Artist and that any such Agent shall not be considered a third-party beneficiary for purposes of this Agreement. By entering into this Agreement, Artist represents that he or she has authority to enter into this Agreement regardless of any Agent relationship he or she may have. Finalist Agreement between the City of Fort Worth and Page 8 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 9.8. 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. 9.9. 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. 9.10. 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. 9.11. 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. 9.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 9.13. 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 Finalist Agreement between the City of Fort Worth and Page 9 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as above. 9.14. 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. 9.15. Survival Provision. The provisions contained in Articles 5 (Ownership and Intellectual Property Rights), 6 (Warranties of Title and Copyright), 7 (Artist as an Independent Contractor), 8 (Indemnification), and 9.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 9.16. 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. 9.17. 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. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, 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 applicable under this Agreement and Artist is considered a"company," by signing this Agreement,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 10 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: Finalist Agreement between the City of Fort Worth and Page 10 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 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,Director of Public Art Arts Council of Fort Worth&Tarrant County 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST Robert Murray Legge Legge Lewis Legge LLC 4005 Idlewild Road Austin,Texas 78731 IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH LEGGE LEWIS LEGGE LLC • by: 9&J" by: Dana Burg ff Robert Murray Legge Interim Ass start City anager Partner Contract Compliance Manager By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including en g all ance orting requirements. N me: Alida Labbe Title: Public Art Project and Capital Budget Manager OFFICIAL RECORD CIITY C ARY Finalist Agreement between the City of Fort Worth and Pa e� o Legge Lewis Legge LLC for FT-WORTH,TX North Animal Control Public Art Project Execution Copy 9/6/19 APPROVED AS TO FORM AND LEG Y: Jessica Sangsv g Senior Assis t ity Attorney Form 1295: Not required ary J.Kayser F `x City Secretary Contract Authorization: M&C—No M&C Required OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Finalist Agreement between the City of Fort Worth and Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 Exhibit A: Project Outline (Combined) North Animal Control and Field Operations Services Facilities Public Art Proiect Outline I� iiir[�s- ,,.� - .,� t iws susi wr' d 1 North Animal Control Center ; N North Field Operations Facility BACKGROUND AND HISTORY The North Field Operations Services Facility and the Second Animal Control Center projects were identified in the Public Art Plan for the 2014 Bond Program as a locations for public art; however,only design funds for the Second Animal Control Center were included. Funds to construct the Animal Control Center were included in the 2018 Bond,and the project was included in the Public Art Plan for the 2018 Bond Program. The City constructed the new North Field Operations Facility to house Transportation/Public Works field operations crews and Equipment Services maintenance staff, along with a public drop-off center for residents disposing of household goods. The City is currently designing the North Animal Control Center for the site adjacent to the North Service Facility. Public art funds for both facilities are being combined to create more impactful artwork within the City's campus. PUBLIC ART BUDGET For the North Field Operations Services Facility and the Second (North)Animal Control Center,the Public Art Plan for the 2014 Bond Program designated$141,800 in 2%public art funds. The Public Art Plan for the 2018 Bond Program, designated$270,000 in 2%public art funds for the North Animal Control Center. The total project budget for the campus is$411,800, including project management costs and contingencies. The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan and Budget,which was adopted by the Fort Worth City Council on November 6,2018(M&C G-19412). Finalist Agreement between the City of Fort Worth and Page 13 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 PUBLIC ART SITE AND APPROACH The North Field Operations Services Facility, Drop off Center,and Animal Control Center are/will be located in far north Fort Worth,just north of Highway 287, near the intersection of East Bonds Ranch Road and Blue Mound Road. The area is sparsely developed with residential neighborhoods, and the facility will be adjacent to the back side of an anticipated new retail development. Public access to the service center site will be limited to a public entry area and refuse drop-off area; however,the public will have access to the majority of the North Animal Control Center grounds and buildings. At their meeting on April 11, 2019,the Project Core Team discussed their interest in artwork that may serve as a way-finding element, helping citizens find the location and understand the purpose of the campus. Though the artwork could be comprised of multiple pieces,they shared the desire for a component of the artwork to be highly visible from the main entry. PROJECT CORE TEAM Jeffrey Bass, Bonds Ranch Dave Fancher,Tehama Ridge HOA Diana Mudwilder, Dorado Ranch HOA Cynde Rodriguez, Copper Creek HOA ARTIST SELECTION PROCESS SELECTION PANEL MEETING#1 FWPA staff shall present a pool of 5-10 qualified Texas-based artists from the Fort Worth Public Art Pre- Qualified List of Artists.Artists will be contacted prior to being considered by the Artist Selection Panel,to ascertain their interest and availability.The Artist Selection Panel shall review the artists'qualifications and select 3 finalists and one alternate. Upon selecting the finalists, the Artist Selection Panel will recommend whether the finalists should be invited to create a conceptual proposal prior to the second Selection Panel meeting. ARTIST ORIENTATION The artist/finalists shall participate in an orientation on site, if possible, prior to Selection Panel Meeting#2 to be further familiarized with contextual surroundings. The Artist Selection Panel and Project Core Team shall be invited to participate in the orientation. SELECTION PANEL MEETING#2 The Artist Selection Panel shall interview the three artist/finalists individually at this meeting and will be asked to address a series of questions about how they would approach the project. Alternatively, if the artist/finalists have been asked to develop conceptual proposals,they will present them to the Artist Selection Panel and answer questions. After discussion,the panel will then recommend one artist and one alternate for the project. Upon the FWAC's approval of the Panel's recommendation, a design contract will be executed with the selected artist. ARTIST SELECTION PANEL(Voting) 1. Diana Mudwilder, Elected Project Core Team Member 2. Cynde Rodriguez, Elected Project Core Team Member 3. Sheila Hill, Fort Worth Art Commissioner 4. TBD,Arts Professional/Design Team Member 5. TBD, Local Artist Finalist Agreement between the City of Fort Worth and Page 14 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 ADVISORS (Non-voting) 1. Mayor Pro Tern Dennis Shingleton, Council District 7 2. Tim Morton, Code Compliance Dept./Animal Control,City of Fort Worth 3. Ronnie Clements,Architectural Services, City of Fort Worth 4. Others as may be appropriate TIMELINE (Subject to change) Project Core Team Orientation March 27, 2019 Project Outline Approved May 13, 2019 Selection Panel Meeting#1 Early June 2019 Selection Panel Meeting#2 (interviews) Late June 2019 FWAC approval July 2019 Preliminary Design Contract execution with artist July 2019 Finalist Agreement between the City of Fort Worth and Page 15 of 16 Legge Lewis Legge LLC for North Animal Control Public Art Project Execution Copy 9/6/19 Exhibit B: Sales Tag Exemption Texas Sales and Use Tax Exemption Certification rn+.o.+a�►a.��ra aeytmefer�e.wiYd MllM rusa�rr.a,:p grcy of rMt wort, TWA* MOM MnoGM~P 0&ua(Fbwr4~1 pr..�.aeA.vrr� M Testes fted i17�i2-�if10 as Fort WOM,Taxes 78M 1.ft ptscfra w named abo+A.CWM mmm aaatmpflorr NM payMsnt d sales erd use fame par du purfim"of taxable fleas dowtmd below oron Ow of OW oreer or Wavim)ilil011m: a.- M V ndoer MOW ads of,swo.MP Doer Olftr ion of fleas fo be yurdd or an to stfad+ad order or mnudm AN flame. 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