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HomeMy WebLinkAboutContract 52952 X2 PM -4 a CITY SECRFTARV =4TRACTNO. 5ag5 a Ln GREEMENT BETWEEN THE CITY OF FORT WORTH �� ND VIRGINIA FLECK FOR FINALIST INTERVIEW FOR o ROSEMONT PARK PUBLIC ART PROJECT This Agreement is entered into on 7th of October , 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 Virginia Fleck, an individual, located at 1900 Larchmont Drive, Austin, Texas 78704. 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 An 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 has completed street improvements at the intersection of W. Seminary Drive and 6"'Avenue, located at the southeastern corner of Rosemont Park(Council District 9). WHEREAS, this Project was included in the Revised Public Art Plan for the 2008 Bond Program, adopted June 26,2018(M&C G-19323),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 August 12, 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 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 first Artist Selection Panel meeting,which reviewed the qualifications of seven(7)artists from the Fort Worth Public Art Pre-Qualified List and artists by invitation, resulting in the recommendation of three(3)artists as finalists for the Project; WHEREAS, Artist has been selected as one (1) of the finalists for the Project and is being asked to travel to Fort Worth to be interviewed by the Artist Selection Panel; WHEREAS, the Artist Selection Panel intends to recommend one (1) artist for the Project based on the interviews of the finalists;however,the City provides 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 fire , OFFIICIAL RECORD Finalist Agreement between the City of Fort Worth and C eS1ERCTARY Virginia Fleck for Rosemont Park Public Art Project Execution Copy I 0/F/T9WORTH,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 Artist for a Finalist Interview. 1.2. Artist—Means and includes Virginia Fleck. 1.3 Artist Selection Panel — Means and includes a panel comprised of the Project Core Team, arts professionals, 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 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). 1.10. 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. 2.2. Interview Requirements. a. Artist shall participate in an orientation meeting at a date and time mutually agreed upon. Finalist Agreement between the City of Fort Worth and Page 2 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 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 at this time. d. Artist shall submit any interview presentation materials to the Contract Manager by 5:00 p.m. (CDT) Thursday, October 24, 2019. 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 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 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount of FOUR HUNDRED FIFTY DOLLARS AND NO CENTS ($450.00), 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 FIFTY DOLLARS AND NO CENTS($450.00)within thirty(30)calendar days after Artist travels to Fort Worth to participate in the orientation and interview process 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, Finalist Agreement between the City of Fort Worth and Page 4 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 giving Artist seven(7)calendar days to come into compliance with the Agreement. If Artist fails to come into 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 one(1)year 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 one-year 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 govern 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 Finalist Agreement between the City of Fort Worth and Page 5 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 may make and disseminate photographs, drawings, and other two-dimensional reproductions of the 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. 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. 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, Finalist Agreement between the City of Fort Worth and Page 6 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 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 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 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 ARTICLE 9 MISCELLANEOUS 9.1. 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. 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 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 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 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 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: (I) 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 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 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 Virginia Fleck 1900 Larchmont Drive Austin,Texas 78704 IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH ARTI T by: Dana Bur#df ff Virginia Fleck Interim As ant City Manager Artist Date: Date: 10/07/2019 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. Name: Michelle Richardson Title: Public Art Project Manager APPROVED kS TO FORM AND LEG/ ITY: OFFICIAL.RECORD Jessica Sangs ng. Senior Assista t C ty Attorney CITY SECRETARY FT WORTH,TX Finalist Agreement between the City of Fort Worth and Page 11 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 Form 1295: Not required ,,r ' rNI ATTESTED BY: a f Mary J. KaysiV City Secretary Contract Authorization: M&C—No M&C Required JFNUAL RECURD MY SECRETARY FT. WORTH,TX Finalist Agreement between the City of Fort Worth and _age ot 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 Exhibit A: Project Outline I ON 79 R 1 Rosemont Park Public Art Project Outline s 1 5 � I The City of Fort Worth completed improvements along 6th Avenue as part of the City of Fort Worth's 2008 Bond Program. Nearby Rosemont Park is located at the intersection of 6th Avenue and Seminary Drive (1400 West Seminary Drive). Due to its proximity to these improvements and the Rosemont Elementary School,the park was identified in the Fort Worth Public Art Plan for the 2008 Bond Program as an impactful location for public art,which could engage both pedestrians and park-goers alike. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for a local or regional artist to create a unique artwork for Rosemont Park.At their meeting on August 7, 2019,the Project Core Team emphasized the importance for artwork to be well integrated into the park, with a focus on developing work that is accessible to all and connects to the area's diverse community across cultures and generations.They also shared an interest in work that is bold and interactive, possibly incorporating existing natural elements such as light. PUBLIC ART BUDGET The Revised Public Art Plan for the 2008 Bond Program allocates$156,440.00(not including project management costs)for the Rosemont Park Public Art Project. The project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan, adopted by City Council on November 6, 2018(M&C G- 19412). ELIGIBILITY Staff will recommend 6-8 local and regional artists from the Fort Worth Public Art Pre-Qualified List Artists as well as artists by invitation whose work would be a good fit for the project Finalist Agreement between the City of Fort Worth and Page 13 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 1013l19 PROJECT CORE TEAM 1. Richard Riccetti, Hemphill Corridor Task Force 2. Alonzo Aguilar, Neighbors Working Together 3. Terri West, Hemphill Corridor Task Force 4. Susan Barker, Rosemont Neighborhood Association 5. Kyle Johnson, Rosemont Neighborhood Association 6. Fernando Peralta, Families of Rosemont ARTIST SELECTION PROCESS SELECTION PANEL MEETING #1 FWPA staff shall present a pool of 6-8 regional 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. FINALIST ORIENTATION The finalists shall participate in an orientation, including a site visit with the Project Core Team. SELECTION PANEL MEETING #2 The Artist Selection Panel shall interview each of the three artists individually.The Panel may then ask questions about their professional experience and related work.The Panel will then recommend one artist and one alternate for the project. Upon the FWAC's approval of the Panel's recommendation, a Preliminary Design contract will be executed with the selected artist. MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager, Arts Council of Fort Worth ARTIST SELECTION PANEL(Voting) 1. Alonzo Aguilar, Elected Project Core Team Member 2. Fernando Peralta, Elected Project Core Team Member 3. Bill Campbell, Fort Worth Art Commission 4. Kalee Appleton,Artist/Educator 5. Carol Acedo,Artist ADVISORS (Non-voting) 1. Council Member Ann Zadeh, District 9 2. Katherine Smith, Director, District 9 3. Dan Villegas, Park and Recreation Board Member, District 9 4. Tonda Rice, Park and Recreation Department, City of Fort Worth 5. Other Project Core Team Members 6. Others as may be appropriate TIMELINE (Subject to change) Project Outline Approved August 12, 2019 Selection Panel Meeting#1 September 11, 2019 Finalist Orientation October 2019 Selection Panel Meeting#2 (interviews) October/November 2019 FWAC approval November 11, 2019 Preliminary Design Contract executed with artist November 2019 Finalist Agreement between the City of Fort Worth and Page 14 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19 Exhibit B: Sales Tax Exemption 4*W V4-+M Teas Sales and Use Tax Exemption Certification TTas MOk4tflr OW not rttqult a ftv tt w to be mW Mk'M SIr+ 1*48ir.0"a gamy _. Cay of FM Worth Tvxaa A"MI% rAm~.F*A6orraftMurycvarr � - OvM=chedMMW M Texw Street 81T•i92-fl380 arm For!Wo t,Tatar 79102 t,the pwchmw namW abro v.diem an esIvMW Rem psymerrt of sales end ux the purwase of taxabis items desQibed baby or on rw aftch 4 order or Inoue}&m., swtar. 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Finalist Agreement between the City of Fort Worth and Page 15 of 15 Virginia Fleck for Rosemont Park Public Art Project Execution Copy 10/3/19