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HomeMy WebLinkAboutContract 52962 CITY SECRETARY CONTRRACT NO. AGREEMENT BETWEEN THE CITY OF FORT WORTH AND DOOEUN CHOI FOR CURATORIAL CONSULTING FOR THE PIONEER TOWER ICONIC PUBLIC ART PROJECT This Agreement is entered into this 20" day of September, 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 DOOEUN CHOI, located at 120 Riverside Boulevard, Apt. #5G, New York, NY, 10069. 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 Director of Public Art. WHEREAS, the City is implementing the Fort Worth Public Art Program pursuant to the Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances in order 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; WHEREAS, the Fort Worth Public Art Master Plan Update (adopted by City Council on October 17, 2017, as M&C G-19140) recommended that an artist-design illumination program be commissioned for Pioneer Tower at the Will Rogers Memorial Center as the City's first Iconic Public Art Project; WHEREAS, the Pioneer Tower Iconic Public Art Project was included in the Fort Worth Public Art Fiscal Year 2019 Annual Work Plan (adopted by City Council on November 6, 2018 as M&C G-19412); WHEREAS, the City is in the process of rehabilitating of the 1936 Pioneer Tower, which is listed on the National Register of Historic Places, including installation of art infrastructure on all four sides of the tower for future projection mapping shows; WHEREAS,the City has contracted with JTK Studios LLC,and SP Studio LLC,to provide project planning services and recommendations of qualified new media curators; WHEREAS,the Pioneer Tower Curator Selection Process was approved by the Fort Worth Art Commission ("FWAC") on February 11, 2019 and the Curator Selection Panel's recommendation of Curatorial Consultant (see Exhibit "A" for qualifications) was approved by the FWAC on May 13, 2019, to identify, recommend, and vet qualified new media artist(s) to be Page I 1 of 37 j Agreement Between the City of Fort Worth and �IMCML RECORD DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 `'SECRETARY commissioned to develop creative content, based on goals and aspirations of the Pioneer Tower Project Core Team (see Exhibit "C"), for the inaugural projection mapping show for Pioneer Tower, scheduled to premier February 26-28, 2021; WHEREAS, the budget range for commissioning artist(s) for the Pioneer Tower Iconic Public Art Project is $200,000- $250,000, excluding travel expenses; and WHEREAS,the City and the Curatorial Consultant wish to set out the terms and conditions for the Curatorial Consultant's work to assist the City to commission new media artist(s) for the Pioneer Tower Iconic Public Art Project; NOW, THEREFORE, the City and Curatorial Consultant 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 and Curatorial Consultant for the Pioneer Tower Iconic Public Art Project. 1.2. City—Means and includes the City of Fort Worth, Texas. 1.3. Contract Manager Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees. 1.4. Curatorial Consultant- Means and includes DooEun Choi. 1.5. Curatorial Proposals - Means and includes the following proposals that Curatorial Consultant will produce under this Agreement for the Pioneer Tower Iconic Public Art Project: a. Preliminary Curatorial Proposal,consisting of recommended artists with their qualifications prepared for presentation to the Project Core Team; b. Final Curatorial Proposal, consisting of the recommended artists' conceptual proposals for the projection mapping project videos prepared for presentation to the FWAC and the Project Core Team; and c. Curatorial Implementation Proposal, consisting of a document outlining Curatorial Consultant's role working with the selected artist(s)to produce their Work and coordinate with the Project Planning Consultants to produce the event currently scheduled Page 2 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 for February 26-28, 2021, and which may serve as the basis for a future Curatorial Implementation Agreement with Curatorial Consultant. 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 Curatorial Consultant. 1.8. Project - Means and includes the Projection Mapping Project for Pioneer Tower, knows as the "Pioneer Tower Iconic Public Art Project". 1.9. Project Core Team—Means and includes those individuals representing Cultural District institutions and the community at-large appointed by Mayor Pro Tern Dennis Shingleton to participate in the project from planning through completion. 1.10. Project Planning Consultants - Means and includes JTK Studios LLC and SP Studio LLC. 1.11. Project Stakeholders-Means and includes the Mayor and City Council and the appointed Project Core Team, City staff and others, as appropriate. 1.12. Proposal Deliverables - Means and includes those items set forth in Article 2.2. of this Agreement that are required for City's review and approval. 1.13. Site - Means and includes Pioneer Tower at the Will Rogers Memorial Center, and the locations depicted as projection locations in the attached Exhibit`B" 1.14. Work - Means and includes Preliminary and Final Curatorial Proposals of artist(s) for the project, the Curatorial Implementation Proposal document and any PowerPoint presentations that are the subject of this Agreement, or any intermediary stage of completion of such works. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES FOR CURATORIAL RESEARCH AND ARTIST SELECTION PROCESS 2.1. Scope of Services. a. Under this Agreement, Curatorial Consultant shall provide the following services to produce the Work: i. Conduct research on possible artists; it. Conduct research on possible local cultural institutions and communities; iii. Complete Preliminary Curatorial Proposal with artists list; Page 13 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 iv. Participate in Project Core Team meetings and receive feedback; V. Organize artists' research trips to Fort Worth; vi. Gather specific technical needs from the possible artists and provide technical outline to Project Planning Consultants; vii. Complete the Final Curatorial Proposal with artists' conceptual proposals for the Pioneer Tower Iconic Public Artwork; and viii. Complete the Curatorial Implementation Proposal to work with the artists to produce and present the commissioned project. b. Curatorial Consultant shall make three (3) trips to Fort Worth. The first trip will be partially paid by the Kimbell Art Museum, 3333 Camp Bowie Boulevard, Fort Worth, TX, 76107, in conjunction with the KERA Art & Seek Panel Discussion on Public Art on Friday, September 27, 2019, in which Curatorial Consultant has agreed to participate. Any expenses associated with extra day of lodging and per diem so that Curatorial Consultant may attend the Project Core Team Meeting on Thursday, September 27,2019, shall be paid by the City. The remaining two (2) trips shall be fully paid by the City. All Curatorial Consultant's reasonable travel expenses paid by under this Agreement have been included in the Curatorial Consultant's fee. c. During the first trip to Fort Worth, Curatorial Consultant shall meet with the Project Core Team in Fort Worth, Texas, on Thursday, September 26, 2019, at 3:30 — 5:00 p.m., at the Museum of Modern Art, 3200 Darnell Street, Fort Worth, TX, 76107, to her Preliminary Curatorial Proposal, including recommended new media artist(s) for the Pioneer Tower Iconic Public Art Project, along with a proposed artwork budget, as well as a timeline for presenting the Final Curatorial Proposal. Curatorial Consultant may also meet with Cultural District institutions, community groups and local new media artists in coordination with Contract Manager. d. During the second trip to Fort Worth, Curatorial Consultant shall arrange for artists' travel and accompany recommended artists at site visits and meetings with the Contract Manager, Project Planning Consultants, and others, as appropriate. Artists' reasonable travel expenses for this trip will be paid by the City as part of the Allowance (see 3.11). e. During the third trip to Fort Worth, Curatorial Consultant shall present the Final Curatorial Proposal and Curatorial Implementation Proposal outlining a detailed scope of work for Page 14 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 production and execution of the projects, at a scheduled meeting of the FWAC to which the Project Core Team will be invited to attend and participate in review and discussion. f. Curatorial Consultant shall submit the Final Curatorial Proposal and Curatorial Implementation Proposal to the Contract Manager and Project Planning Consultants no later than two (2)weeks in advance of the FWAC Meeting for review and comment so that Curatorial Consultant may make any needed adjustments prior to the presentation to the FWAC. 2.2. Curatorial Proposal Deliverables. a. In addition to completing the services outlined in Section 2.1 above, Curatorial Consultant shall perform the services and furnish all supplies, materials, and equipment necessary to complete the Preliminary and Final Curatorial Proposals and Curatorial Implementation Proposals and provide certain deliverables as set forth in this Section 2.2.a. for City acceptance within five (5) months of the Effective Date of this Agreement: i. Preliminary Curatorial Proposal, including the following for each recommended artist: 1. Artist qualifications, including resume, and images and video clips of past new media work 2. Brief narrative describing the artist's general approach to new media projects and to the Pioneer Tower project, specifically 3. Proposed type of work artist(s) would likely propose (e.g. unique commissioned work, or an existing work formatted for Pioneer Tower with terms under which City of Fort Worth may present the Work as part of future projection mapping shows, or other option) 4. Proposed budget 5. Timeline for completion of Work once a contract with artist(s) is/are executed with the City of Fort Worth 6. Copy of PowerPoint presented to the Project Core Team it. Final Curatorial Proposal, including the following for each recommended artist: Page 15 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 1. Artist qualifications, including resume, and images and video clips of past new media Work 2. Artist's narrative description of the approach and process to create the Work for the Pioneer Tower project 3. Proposed length and type of Work artist(s)would likely propose (e.g. unique commissioned work, or an existing work formatted for Pioneer Tower with terms under which City of Fort Worth may present the Work as part of future projection mapping shows, or other option) 4. Detailed budget 5. Timeline for completion of Work once a contract with artist(s) is/are executed with the City of Fort Worth 6. Copy of PowerPoint presented to the FWAC and Project Core Team. [NOTE: Deliverables in Final Curatorial Proposal that are exactly the same as the Preliminary Curatorial Proposal, do not need to be resubmitted.) iii. Curatorial Implementation Proposal, including the following: 1. Curatorial Consultant's narrative description of approach and process to assist artists to produce their Works for the Pioneer Tower Iconic Public Art Project, and her role in producing the premier event currently scheduled for February 26-28, 2021. 2. Detailed budget 3. Timeline for completion of services once a contract is executed with the artist(s), Planning Consultants and Curatorial Consultant. 2.3. Additional Services. a. City shall reimburse Curatorial Consultant for 1 trip per recommended artist to Fort Worth provided that Curatorial Consultant submits invoices in a timely manner with receipts attached for airfare (main cabin only), ground transportation, and General Page 6 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Services Administration (GSA) lodging and per diem rates for Fort Worth, Texas (available on www.gsa.gov). b. City may request that Curatorial Consultant provide services in addition to the services set forth in Sections 2.1 and 2.2 above. City shall make such requests in writing. Such additional services shall only be performed after execution of a written amendment to this Agreement which includes, at a minimum, a description of the additional services and scope of work, compensation and payment schedule, and schedule for the delivery and completion of services. c. City and Curatorial Consultant will mutually agree to compensation, payment schedule, schedule for the delivery and completion of any additional services. d. Curatorial Consultant reserves the right to decline to provide the additional services. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Fee. The City shall pay the Curatorial Consultant a fee in the amount of up to TWENTY-ONE THOUSAND SEVEN HUNDRED SIXTY-SEVEN DOLLARS AND SIXTY CENTS ($21,767.60), which shall constitute fitll compensation for all services and materials to be performed and furnished by the Curatorial Consultant under this Agreement, inclusive of travel expenses for Curatorial Consultant, and includes an allowance of up to SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) for: (I.) Travel expenses for artists' trip to Fort Worth for a Site visit and research; and/or,(2.)Changes in Curatorial Consultant's Scope of Work; and/or, (3.)Additional trip(s)to Fort Worth by Curatorial Consultant.The fee shall be paid in the following installments, each installment to represent full and final, non-refundable payment for all services and materials provided prior to the due date thereof: a. Two Thousand Dollars and No Cents ($2,000.00) within thirty (30) days after execution of this Agreement, recognizing that Curatorial Consultant has already invested time and expense in preliminary coordination with the City. b. Three Thousand Dollars and No Cents ($3,000.00) within thirty (30) days after Curatorial Consultant submits a Preliminary Curatorial Proposal with artists list to Page 17 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 the Contract Manager for internal review and meets with the Project Core Team and presents recommended artists for the Pioneer Tower Iconic Public Art Project. c. Three Thousand Dollars and No Cents ($3,000.00) within thirty (30) days after Curatorial Consultant and recommended artists travel to Fort Worth to make a site visit and conduct research. d. Five Thousand Dollars and No Cents ($5,000.00) within thirty (30) days after Curatorial Consultant submits Final Curatorial Proposal including artists' conceptual proposals and makes a presentation to the FWAC and project stakeholders. e. Two Thousand Seven Hundred Sixty-Seven Dollars and Sixty Cents ($2,767.60) within thirty(30)days after the City's approval of the Final Curatorial Proposal and Curatorial Implementation Proposal for the Pioneer Tower Public Art Project. f. An allowance of tip to SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) is available for the following: (1) City may pay Curatorial Consultant for costs that are incurred by Curatorial Consultant due to changes in scope of work; and/or(2) Reimbursement for Artists' travel to Fort Worth to conduct research for their proposals. Such payment will be made upon (i) receipt of supporting documentation by the Contract Manager from the Consultants (see Section 2.3.a.), and(ii) approval by the Contract Manager of the additional costs. 3.2. Sales Taxes. The City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. The City shall supply the Consultants with the "Texas Sales Tax and Local Sales Tax Exemption Certificate," attached hereto as Exhibit "D" for use by Consultants in the fulfillment of this Agreement. 3.3. Curatorial Consultant's Expenses. Curatorial Consultant 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 the City, and costs for Curatorial Consultant's agents, subconsultants, employees, necessary for the proper performance of the services required under this Agreement. Page 18 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 ARTICLE 4 TERM AND TERMINATION 4.1. Tenn. 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 Curatorial Consultant 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 Curatorial Consultant or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding, amending, or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article 5 of this Agreement. If the Parties cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination" specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 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, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Curatorial Consultant for services actually rendered up to the effective date of tennination,and Curatorial Consultant shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon Curatorial Consultant's receipt of payment in full of all monies due for services provided up to the effective date Page 19 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 of termination, City shall have the right at its discretion to possession and transfer of title to the sketches, designs, and models already prepared and submitted or presented for submission to City by Consultants under this Agreement prior to the effective date of termination, provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Curatorial Consultant, Curatorial Consultant shall remit to City a sum equal to all payments (if any) made to the Curatorial Consultant pursuant to this Agreement prior to termination (see Article 6). 4.5. Incapacity of Curatorial Consultant. a. In the event that Curatorial Consultant becomes incapable, legally or otherwise, of performing its duties and/or obligations under this Agreement, City shall have the right to terminate this Agreement on payment to Curatorial Consultant or Curatorial Consultant's successors for all work and services performed prior to incapacity. All finished and unfinished deliverable(see Section 2.2.a.),and any other work shall automatically become property of City. ARTICLE 5 DISPUTE RESOLUTION a. If either Curatorial Consultant or City has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement,the Parties shall first attempt to resolve these issues through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach,or other matter in question that may arise out of,or in connection with this Agreement. b. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the notice of the dispute, then the Parties may submit the matter to non-binding mediation upon written consent of the authorized representatives of both parties in accordance with Chapter 154 of the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code,then in effect. Request for mediation shall be in writing,and shall request that the mediation commence not less than fifteen (15) or more than forty-five (45) calendar Page J 10 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 days following the date of request, except upon Agreement of the Parties. In the event City and Curatorial Consultant are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation, then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. (See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Curatorial Consultant or pursuant to the applicable termination provision of this Agreement, the Proposals, and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Curatorial Consultant shall retain copyright and other intellectual property rights in and to the Work. By execution of this Agreement, Curatorial Consultant grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict and publicly display the Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. b. In view of the intention that the Work be unique, Curatorial Consultant shall not make any additional exact duplicate reproductions of the Work, nor shall Curatorial Consultant grant permission to others to do so except with the express written permission of City. C. Curatorial Consultant reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Work, except as those rights are limited by this Agreement. City may make and disseminate photographs, Pagel 11 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 drawings, and other two-dimensional reproductions of the Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Curatorial Consultant and a copyright notice substantially in the following form: "rJ date, Curatorial Consultant's name." d. Nothing in this Agreement shall prevent the Curatorial Consultant from using images of the Work for marketing and promotional purposes in connection with the Curatorial Consultant's business. e. City is not responsible for any third-party infringement of Curatorial Consultant's copyright and not responsible for protecting the intellectual property rights of Curatorial Consultant. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Consultants represents and warrants that: i. Work shall be the original product of the Curatorial Consultants' sole creative efforts. ii. Work is and will be unique and original, and do not infringe upon any copyright or the rights of any person; ill. Curatorial Consultants has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Work (or duplicate thereof) have not been accepted for sale elsewhere; V. Curatorial Consultant has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. ARTICLE 8 CURATORIAL CONSULTANT AS INDEPENDENT CONTRACTOR Curatorial Consultant shall perform all work and services hereunder as independent contractor, and not as an officer,agent,servant or employee of City.Curatorial Consultant shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all Page 112 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 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 Curatorial Consultant, their officers, agents, employees, subcontractors, and doctrine of respondent superior has no application as between City and Curatorial Consultant. ARTICLE 9 INDEMNIFICATION AND INSURANCE 9.1. General Indemnity. a. CURATORIAL CONSULTANT 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 CURATORIAL CONSULTANT AND/OR CURATORIAL CONSULTANT'S SUBCONSULTANTS AND CONTRACTORS 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. Curatorial Consultant 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 Curatorial Consultants in connection with or incidental to performance under this Agreement. Page 13 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 C. Curatorial Consultant shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Curatorial Consultant 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 Curatorial Consultant. 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 Curatorial Consultant without the appropriate licenses or permission being secured by Curatorial Consultant in advance. IT IS FURTHER AGREED THAT CURATORIAL CONSULTANTS 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 Curatorial Consultant. ARTICLE 10 EQUAL OPPORTUNITY a. Curatorial Consultants shall not engage in any unlawful discrimination based on race, creed, color,national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Curatorial Consultant represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. In the event of Curatorial Consultant noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, Curatorial Consultant may be debarred from further agreements with City. Page 114 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 ARTICLE 11 MISCELLANEOUS 11.1. Compliance. Curatorial Consultant shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Curatorial Consultant's services under this Agreement. 11.2. 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. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign, sublet, or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Curatorial Consultant and their respective successors and permitted assigns. Page 115 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Curatorial Consultant, and any lawful successor or assign, and are not intended to create any rights, contractual, or otherwise, to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal,or unenforceable,the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Majeure. It is expressly understood and agreed by the Parties to this Agreement that, if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such design or construction requirement shall be extended for a period of time equal to the period such party was delayed. 1 l.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement, the City may terminate this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Curatorial Consultant 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. Page 116 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 11.12. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Curatorial Consultant agree that City will have the right to audit the financial and business records of Curatorial Consultant 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 Tenn of this Agreement and for three (3) years thereafter, the Curatorial Consultant 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. Curatorial Consultant shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MBE/WBE. If applicable, Curatorial Consultant 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. 1 1.15. Survival Provision. The provisions contained in Articles 4.5 (Incapacity of Curatorial Consultant), 6 (Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Curatorial Consultant as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit) shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. Page 117 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 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 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Dana Burghdoff, Interim Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Copies to: Sarah Fullenwider, City Attorney City Attorney's Office 200 Texas Street Fort Worth, TX 76102 Martha Peters, Director of Public Art Arts Council of Fort Worth 1300 Gendy Street Fort Worth, TX 76107 Page 18 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 2. CURATORIAL CONSULTANT: DooEun Choi 120 Riverside Boulevard, Apt. #5G New York, NY, 10069 IN WITNESS HEREOF, the parties hereto have executed this Agreement on this day and year first written above. CITY OF FORT WORTH CURATORIAL CONSULTANT Dana Burghdof Doo run Choi Interim Assistan City anager CONTRACT COMPLIANCE MANAGER By signing, I acknowledge that I am the person responsible for e monitoring and administration of this contract,including ens ring all a4andortin;quirements. 4Kame: Martha Peters Title: Director of Public Art APPROVE AS TO FORM AND LEGALITY: Jessica Sang van Senior Assis antity Attorney �O T�ATTESTED BY: U ?via J. r City Secr ary �� Form 1295: Not Applicable Contract Authorization: M&C: Not Applicable Page 19 of 37 Agreement Between the City of Fort Worth and OFFICIAL RECORD DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 CITY SECRETARY FT.WORTH,TX Exhibit A: Curatorial Consultant's Qualifications DooEun CHOI Neu fork .91'133 96:9 Soma♦Aa 10$a"aU" offim aidram: 120 It"rslde Blwd.osc NOW York,NY 10069 USA DooEan Choi Is independent curator who is can* @y w trig u to dor of the touring exhibition 4"ohv of AsystrsatMe Arc �in Asia and a curator R AN ,fimmudot d Digital Art Biennial In MoutreaL Choi his rroadly worbd as a co-awator of A a Asa to Dave and an director of Da s1ncf Crtattw sou do sat?S'twe z000,she bas car,ed namema international media an exhibitim in Kyoto,Beijing.Shanghai,Madrid,Geaa%Enghien-les-Baia. Istanbul,Brisbam,Montreal,San Jose,Xew YorL and many other cities&aces Korea.Choi s want projects include Neotopla:Data and fltmtmefty at Art Center Nabi(2017-2018),Eftommy t allty',Da 'tad Creath'e 201-at Seoul Foundation for Arts and Culture;Nan 1 oersgsoo: Phutog7hs of*oul iya6-63 at International Center of Phdograp0} d 11A.XA(zor);WRy FLtt 7C Still Reeds Us:Al aced fhnuantry at Art Cuter:�aD!in Seoul Ql'T Art Museum to Brisbane(2o16-i^);EMN,at Arsenal Montreal(2o16);Jtedkdty Stool sags Bknxak,at Seoul Museum of Art;and ZEROt Bkxjdal Bois,at Zero1 Garage. Choi was the former cmthv director and chief curator of Art Center Nabl to Seoul and a visiting scholar at The School of AR,Media and?echnotos•at Parsons The New School in Now York.As a curator,Choi treats the space as a laboratory-for eVrimenting with the type of esprtirna and aesthetics that can emerge from combining and recombining scientific knouiedgs,artistic practices, and historical narrathw. Routed Professional ExprJUMCE osat cmaeor,Buv seen,lutwosdowl Digital Art llkaniA January 2oi9- Antaal Momtteal U*atre4 Canada west C krwi@rAw AaSssseaebie A+ey+ 1.]ewer and- An space at Paradw ,bebeom.Kom aacf tierw Alt Itturaae Is 3110 ae CbW C7n'ator,Art Censer Whi.reisaary snob-M"201A want,Vat" btt�:'%.WW J,...e M _ A .s 0094 taaratmr far Atarmea AMC Mare a"-Deavieber r01A Pmb&Is Od"aosb.Awww sod:as PfWMAW 200S AT&T Performing Ans Ctater and 0"CRY a&001hn,Zl128,MA �ttP4,._v,w" tlaaa�rti S?�. 2019 . ` Page 20 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 r*4*d Art 060OW br M7A•# 1 9=AM f 8001�w"80A•DOM06M VW C04weMr br AMR reaw w MSo moo►rpir�sMrd srq,tlw -M1I ,..- sa.ai..d a..+A n u do. %M 1 Wk tit Ni;1 TWkcS► i.M PA ctir4AW 60 Arirrrir.Tb 1NMwwMWraMOlrrwibi iiwrMrf Y� #",*u . ., -A* .M 4F~V d*ftd UMN rA f—'. 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Sp+rdie SOMM Cull Iwww.a I+rrer a�r[si c er►app, ! how OwM Cam,p"how +POWMEW.Amp aew 4WAeM no maw d"do E.,Ww be SOOL rpm* SPMN msie LWOM Aid sw"� a►OW IC'oeR1A emi tsu fts"M IrON lANW.UtUPOP4C*eM#i!Ali a*r sriwrr tJt/IeniN QAMMs b1 err 40*ss . 4"M.ri TMOM r sure MW baN amp a aft O&MM"4D&4 UftJkW.welt lXAMO■Y■Mbd 1 MUM"s wposhm C*wAsb err ctoc" %moos w are*u«how am* tow ar%MA C—OUV400M MMEW10 buxom sees rewiiCM ONWANNO s+rlMa i AWAM= tbMiMMt Cw6et MON"d M+C%%-hem Mid 9 [MM rOA S"b6ftft r dArf mW ft r MEN"107s*edrrw kwa ewe Omoaft LML&we saMele�Afl7iuvwx,stv"s iGMM MONOM 0- "4 aF 1*0 see Xft2 j6!fr CIF"UW-J'EM bdha- + k"irs = s Af Md O w Ow rw pd WE Amer&kV NFUUM 11*w OMw,ersr oft am %$a+momwo forme•dte waft LmM UmA wad 41st 4a+4 Jwrw/a rw&MA s m"Nsaw l%fteaM!pq O wbgak.an(0""W"w.p O PM of @"*PX wises wank"i+ 40 rub ad&@%LMAN■*on aMkL r+wa 1r�. u+awE L Lg � 1t W WNEU ++ M**"%mod*0 of .ft 0 meet,,+A M rw.rwy sryeR M Uwe Avow 4"�#a*A el�w 0�r tip+• sw�el mow GX- I�rl! Page 22 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower[conic Public Project Execution Cop 10/18/19 ..111(1„ti t, hetl,,"„ rro,ia:r=*ud An mi' t,,iin 11.1 (*ealea 20 0 6 aid and down+fit Cbmat who to the seiemd artist) Jams for TASUL I Cm"A I Fletcher at Eyebe :Yoaag Memo Artist Talent Award,at kvb,#am,;' rw Yoe,3u3j Juror for:,a N inci idea Contest so&$,aot6-r7,Seou,2or6"2os7 �, , •r,�;t;�*�,t�1Jk�:iiE[tEr<=:ts+.,•r. A Membee of the Program Conunittee far the=A late rmatioual Syusposhm on Electronic Art(ISra mg)act Stmom teaser UarietvW and Em*Carr Uni+rrersity ot Art• Destm in Vanoom w,Canada,October 2o14 to Anprd 2013 A Umber of the International Advisory Committee for Media Art Histories sans conference:RE•CRZATZ,boded by Hesagram(Conewdla tW ore tp sad the UnhvMtd du Qu&w i Mo strtul)in Montreal,Canada,September 2014 to November*013 Board of Jury for Robots and Avatars Call for Proposals,EU Caltare pert ect,June 20u to 2013 Board of Reviewers for ACM("yocistion Com mftg Macklmory)Computers in Entertainment,Jags 2ou to 2ou Board of Jury for Korean America Fim Festiral New York,Marti 2oir EDUCATION PhD program,CABA-Planetary Colie pima,Untnersity of ftwouth,Ur,Oct"2o12- September 2013(scaled) Master of Arts,Art Bodies,February 20o6 Hoot*Untimm ly,Seoul,Iona Dissertation: The Concept of ft to the Mediated Space Bachelor of Arts,Art Stsdies(IC Art History,Aesthetics,and Critique),February 1994 Hong&t;unvntty,Seoul.Korea -Exchange Stadent.Fa0*W Maryland Iaditute,Collets of Act,MA,l.'SA Selected CURATORIAL WORI►B Qngoln:AspaanetrkArchaeoleff-Gering Naekhm,March sg,29lq-June 14, 2019 NOW AK Mumm hi Shanthat.Chtu �ltt.&w r rvlrn..l�g1v-�.� FIX, Qualrolaa:Asprametric Arrhaeolopp,December 14,20i8-rebmazy 24,201y Art Space at Paradise City,Incheou.Korea htlw Alzwcr.'Qv=wt BE SnLL,mwiS-o&A6.s9 Waterfall Dunstan R Ghlety,Now Yo*USA Arrora",tS,Nov aadw 3 2019 Pap 4of13 Page 123 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 OMM X�i GdWft■AtW MGMMa NM fir+ L"NA WAmW M6a=a a#fir►- sari T63A X Ab�1-u 4 �' a- WOW":t•aa■a4 OM IIL r 7wb LIA :br a S4ir wi f1=X4+ffJr.ONNAM awft tF Ameary 3ioW aM C~w lwia bwA Comm !Md M Sow Onambm by Cwala*Am isf m &on"Lam 111V# an AM DSO&Cyr:M and AbObloft.A64►te to t'CUbW NW QLT iAaaM,MrMa►e.Aalydu WUwM Mama a Oiryr.)kw Ytd.LU ilreaa ed tier M d"XX Xi.l'LA 11 U 140aro J#A*rrir C>s:AJ Mi .'. - "*W.&MM&-SUM" -r ,+irk Comm X""Mk&-W% AMMOM AM combs md�n Tft" Lam+► 11 -1 . i '.µ JdJMMC f.'V= AWANIZWO&MMOSM00woft 9000 t*»OcAo1�t*s,se.► w w"ftWASO!Oairry•XOW Yeel,M A; =JSM Cam,JW AA-Ab 3W rnt warelirM mason a Oiery fw+Y -% ,U A06rr6L►t.ANterres"04441D WAeb Ob"01010 .VAJw lr` s r Ar aw WHIMP04W NeaMrd,%,r J*Va"IM Aft()rts anew F=4%*t-.rwd1r kf t4bf%ity JOA"w wi wawdrA wrol"s! Kwr 1 red ,f Weld" M%Vt%7 C=4MI Mft$a fwa of Weedst lraebd i MO&3#hmWd 10!' 609 OA OMMdon bF&WEA 1 r.IONw AM art COVA Solo&L. Page 24 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 •+vt�rtr[teert F4twrwlr:AfNCie Asf/r+w�M ArM.ltlaod►a-!��.>D� Cturiu wet Cettlw at ft"'leeob L'er"Mair,)&M York.l.7A Anhadl CNM V M Aid seal BOMA" w �TMI,Wow "OR ZEM 1161M&Ott� M le DMMIDW 204, MDt GUW d Sam Y ,Sett Jere.vu UWkCft PO I�M Mesa,Tia 76*$ad WOSUOdd UWk AN SI MANU,SO Mnba A0a aaNA(feotti Mona d Aft),&t=L KefM to TOW A>:frlMet MY e[Aft CAOW Xd&TWO if Me&@ AVV.Daowsk?Sete Afl OW=aMk S"tfnw LVDAMndt IMMUS MAI DAS W Art FOSOMD:i AVX Se Senam,SWOMW w Coto !"aoor►W CW,16CINeee:,KO M TeMureDc terry P IU KM � uegtetf.J�fete M 14,W IiM ceotfr dK at W W" P btf mw Pa*we,Asd 3wo aeaerr der aft r?N" .vae 12webs Swim e1•o&Or:Ieb w seep to Ja ww y sore Aft Cede af+rk 11"A Cerw TdaAdk tr"m ihof6wo4Aett:O we Job 0,Mr.OnPW&.Ae A soot Te wmw C*,b dom,Korn r"WMI04 She Mdbnnw Mtsb if trots Xarw Fftw►Korean Za Mos.►aet JY rWO So E==Vbtg DiVW Arlbbr.AvpA to L`trawow 20" susagw"MOMW Dblaae tosser w-*"womb A4J.C.S.Memo a FMhrra Sti ooL M w soot SODA MWMU of Art.SMI,Kotw lKThn�O o at=tif1 i»a0ar soo !Ki'.Eoarr, Jr1tP soel,ie°. KOM Hamm=Dwp MUMM,sent Icon: tswa*bwI W e--.�fUWA raW ruaty'e00!f ut ZCROt RMtwW/IS Asoo6 Cmts6 es C*Nww,Aspd m" daa iaew M Art'S MAY:DreotUf BKtf t f EF aooic DWtd SAdoie Vly,M.4y 2oo6 Semi CRY litw — 2664 Kane t:rbeut Soseew Art ftwiecbt:COMO Docnabw sow b PnOM SKTftww,Somt Kona 2019 rq,fidu _ Page 25 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Networked protects mth Streaming Museums.Urban screens in^continents Since March 2009,added other scmas at%V Hotel_Seoul.Seoul.Korea artist bloc-Ane:lore 1 trus.October 2004 to October 2oo6 online.blip;1/mper.cY%yrl L=.1ove ofdme event:Tent Bar Eun'&SK Parking Lot,Seoul.Korea Dreaming Butterfly soot:Digital Playground.May 2oo4 Seoul Land Event Hall,G..achun.Korea 310ist Window Series of-o;.August to December 2003 Offline:13 TTL Zoom Seoul&s other cttres,Korea mobde gallery:SK Telecom mobile senxe June 1"Wireless Art Project:Watch Out!,September 2002 Art Center\abi&4 TTL Zones Seoul Korea World Hide\eRvork Art:!Korea Japan Network Art aoaa,June 2002 Art Center\abi.Seoul,Korea I11A.Fukui Csh•Art Museum,Kyoto&Fukun.Japan Gaia 2042&ao84 Februan•2002 Art Center\abi Seoul.Korea Trialogue,December-oot Art center Nabi.Seoul.Kom& Dreaming Butterfly soot.Nlay 2ooi Art Center.abi Seoul.Korea Special Opening Exhibition:t"Spectrums\abi:LUncon.sciousness Flow December 2000 Art Center\abi Seoul Korea Special Opening Event:t-Telematic Event:Mind Bridge mcurated by Rov Ascots December 2000 offline:Art Center Nabi;Seoul Korea online:artnabi r Selected TL4,CHI\G EIPERIE..NC£ Special Invited Lecture_Emerging Practices of Art and Tecbnobm in the Ise of AI Ali and Biockcbain_M FA invited artist lecture series at School of N'isn Arts. October g 2oi8 School of Visual Arts,\eh•York USA Guest Critic for the NIFA students of at School of Visaal Arts,October q.2018 School of Visual Arts New York USA Special Invited Lecture_Emerging Practices of Art and Technolop•lt_.tn and Technobp-Studies Lecture series at SAIC,September 2- 2os8 SMC.Chicago.USA Guest Critic for the students of Art and Technology Studies at S.MC,September 2- 2018 SMC Chicago USA ?age 7 of 13 Page 126 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower[conic Public Project Execution Copy 10/18/19 Special Incited Lecture., Emerging Practices of Art and Technology in the Age of _AI/AR and Biockchainnterface Culture Invited Lecture Series at Kanstunlvenitlit Linz(University of Art and Design Linz), April 23 2oi8 Kunstunwersitat Linz.Linz,Austria Special Invited Class Visits_two classes at Film,%'idea,New Media and Animation at S.UC.April 3 2018 SAIL,Chicago,GSA Guest Critic for the MFA students of at School of Visual Arta,Febrvar:8,2oi8 School of Visual Arts.New York USA Special Incited Leetare_Emerging Practices of Art and Technolog-_Art and Technology Studies Lecture series at SAIC.,p141N 2,201- SAIC.Chicago USA Guest critic for the students of Art and Technology Studies at SAIC.\Iat 2 3 201- SAiC,Chicago,GSA Special Invited Lecture._Composer's Foram class(GE ao34-oou)at New fork University in the Department of Music and Performing Arts Professions,Februan 13 2ot•' �1T New York,USA Special Invited Lecture-An undergraduate seminar about contemporary art and photography and new media at Tisch School of Art,NW for Photography& Imaging Dept,March ti 2ot; N C,New York,GSA Special Invited Lecture_Neu-Reality in the Augmented Life _Art and Technology Studies Lecture series at SAIL,October 24 2014 SAIC,Chicago,GSA Butterfly Effect;Digital Art and Archive,Sprig;2012 to 2013 Parsons The Sew•School for Design,New York,USA Special invited lecture-Media Art&Convergence,December 2mo Graduate School of Media Art and Convergence Science and Technolo&A• Seoul National Gnv.ersit�• Seoul Korea Special Lecture_31edia Art NOW,November two Graduate School of Culture Technolop,KAIST(Korea Advanced institute of Science and TechnoloID) Dae)eon,Korea Media and Design Spnng 2006 to Fall 2oo- Cninersity of Seoul,Seoul Korea Understanding of Contemporary Art Theory,Fail 2000.200; Kaywon School of Art and Design.Anyang,Korea C)her Gallery;Curating and Internet.Spring Zoo; Dongduck Women a L'niversih,Seoul.Korea Selected Incited PRESENTATION for International Conferences Melting Boundaries to the ape of.11 and,4R International forum on Education oj.4rt,Science and Technology(EtST)corverence. initiated b,Central Academti•of Fine Arts(China)and hosted bv Betpng Visual Art Innovation Institute(BVAiI).CAFA in Betting China.November 1^-98 2018 ?ago 5 Page 27 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Panel22:Producing Contemporary Dtgital."s:In ternational3farleiplaee for Digital Arts. ELMRA festit al.June 2018 Montreal.Canada Special Session_[Data and Hwnanzh,;Imagine D.1TIA to collaihorate between human and machine in the age of AI:\e)J Content conference 2017 hosted by Korea and Korea Creatrve Content Agency of Ministr;of the Culture(http'. 'eng.kocca.kr eat main.do) .October 23-24,201- COE%.Seoul.Korea Art Center Nabi:A/&Data:In ternatienal dlarkrtplace for Digital Arts E-U-TRA festival. June 201- Montreal,Canada Special Sesston_(Data and Humanity)The age of Artificial Intelligence.Imagine a data for coexistence beta een humans and machines:\'ex2 Content conference 2oi-hosted by Korea and Korea Creative Content Agency of.%Imistn'of the Culture(http: eng.kocca.kr en main.do). October 23-24.201- COEX Seoul.Korea DIGITALTc 23:11ACHE E LEAKNU\G.ix'D THE ARTS(Presentation title:Why future Still Needs L's::91 and Humanity):Holland Festnat 201-, June to.2o1- Amsterdam,Netherland httns:y*-%-e hoUaadfestn-a1.n1 en vrosram 201-,dtzdalk i-machine-leamine-and-the-arts A TIV AGE OF CULTURE:The Digituiattor,of Arts and Heritage at Asia Society Hong Kong, Google Report Launch.APRIL 12 soli Asia Society,Hong Fong Brief Report Vi c•:' siA tt'.enthox.cnm`q;FPjdd114hth.-,faljh I7rhu-1ypactxrditm. Session 2 future of A.i_Artificial Intelligence,Open Possibilities:Next Content conference 2010 hosted bt Korea and Korea Creative Content Agency.of',lintstr-,of the Culture (http: eng.kocca.kr en main.do) November is-16.2o16 COUX Seoul.Korea Pi.\'EL_HISTORI'OFARTS.itiD TECH�OLOGI'CO LiBORiT70\(Presentation Title:Art Center\abiAtprotect-10ky FutureStd1.Veeds Us.-Al and Humanity):Arts and tlarhine Learning Summit by Google Arts S Culture.NO ember 3rd,2o16 Google Arts Institute.Pans.France Da fines C reatit a&-Aurora:International Starkerplace for Digital Arts.EL.EKTRA fesht al June-oi6 Montreal.Canada LdeAugmented:InternationalMarketplaceforDigitalArts.EL1%TRAfestival,Mr, 2o15 Montreal,Canada Lightlnfrastructures:Lift Urbanism,and dledtaArt.The Confoence by Cnr:ersite du Quebec a Montreal(L'QAM)in collaboration Kith the Montreal Public Arl Bureau,Public Art:Xeu Territories-NM Chalienges.September 19.2o1,s Uni=ersite du Quebec a Montreal(L'QA.%f) Montreal.Canada Media Art and Creates a Industries:Be the one who creates the value of the future'.Di t'.NCI CREAT I1F 2014 International Conference:Hou.can the artists ideas be applied in social mnot ahon and busmess s.September 3.2014 ::el� ?age 9 et 13 Page 28 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Seoul Art Space Geumcheon be Seoul Foundation Arts and Culture.Seoul,Korea Boundless Realities,X ARTS 2ot3 International Conference:From I'trtual to Real,Juh it 21 2013 The Department of Product and%-stems Design Engineering of the Cnnverstt;•of the Aegean S1 ros Island,Greece ,ARS Futura_boundless fantasy,CSC Global Conference:Global Chaltmges for Humanity .lad; 23 25 2013 Grand Hutt Seoul Hotel,Seoul,Korea Digital Peace through boundless Fantasy Digital Peace Conference organized b•,AMBASSADE DE FRANCE EN CORES,INSTITLT FRANC.AIS DE COREE..May 11,2013 PLATOON,Seoul Korea BEMN-D a boundless image ui itsf!ou,Di-Eg_:Fest o.t Conference 2013: BEHIND THE IM.iGE.i.V D BEYOND.March 31•"rd 2 2013 German University in Cairo,Cairo.Egypt N'aturalmrig the pathways to the u hole to the art ofHundun(Chaos, International Conference tluta.tlorphosis:Tribute to Uncertatnty December 6-8.2012 The Academy of Sciences of the Czech Repubhc,Prague Czech Republic Seeking Silicon Valley through the arhsttc pathu ay to the whole,ZERO t Symposium:Seeking Silicon Valley September tS 2ot2 The Tech Museum,San Jose,USA Media.irt with across-cultural vieu:InternationalllarketplaceforDigita!Arts FLEhTRi festival Map 2o1s Montreal-Canada Media Art in Asia_Sense Senses:International Marketplace for Digital Arts,ELEK7Rifcstsal Stay-2oii `.Montreal Canada Sledia Art in Korea—Video to Open Source Satellite:International.Marketplace for Dlgilal Arts. ELEKTR.i festival,Max 2oto Montreal.Canada Ke1•note 2 Robots and Avata,s Forum -Our Colleagues of the Future 7 No%ember.0 2009 NESTA London UK Session e.irchitecture making relattonshtp betueen people(Presentation title: Neu Urbarntsm):Lift Asta 2009 at Day 2.September 18.2009 ACC Jeju Jeyu Korea 3ledia.irtin.Asia:Jleehngsfor Professionals 4mpostum.The Media art Festival Rains Numeriques ak June 2009 centre des art Enghten-les Gains France 3tedia irf after Video Art:From Interacts a Ins tallattons;to N'etu orked Performances October 200- Nam Jun Paik Art Center,GyeongGi Cultural Foundation Suwon.Korea C0.1I0 from an art channel to a netuorked platform:Urban Screens Manchester 20o-- October 200^ Manchester.CK Page 10 r1 13 _^— Page 129 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Hou Science meets Art in 2X HCI 2oo6,Februan,2oo6 Phenix Park Cowvntron Center.Korea C0310:Sty CM'..International workshop on Urban Play and Locative Media October 2oo6 Art Center Nabr,Seoul,KOREA Introdudron on Art and Digital Technology m Asia,ASEF Art Camp 2005.October 2oo5 The Panasonic Centre,Tokyo.Japan C0310:3fy C7TF.C`rbersalon Future Wireless eless conference.April 2005 The Science Jluseum s Dana Centre.London.L-K Selected PL-BUCATIONS Sound in the Mediated Space b.Doo Eon Choi Oxford Handbook ofSound.9rt edited b.Jane Grant John INtatthim and Da,id Prior published by Oxford Universth Press Expected to be published in 2oi9 UK Light Infrastructures:Life.Urbanism.and Media Art co-written b.-Doo Eau Choi and Ord Halpern(Assistant Professor-New School), Lrmi?res de to IIlle(Lights of the city) edited b% Louise Parssant and published by Presses Unr ersitaires du Quebec. 2018 Jfontreal Canada ISBN 9--82�0548091 htte•l�,w—PUQ Ca catalogue hvres.him.U3 `eotopin: Data and Humanity(p.ao-31),Exhibition catalog of the Neotopia: Data and Humanity published bti Art Center Nab tor- ISBN 9-9-11-8-2-5-03-9 Imagine I AT.i,to collaborate between human and machine in the age of AI (p.9- aA). The,gth Industrial Rerolution:Design the Future through Culture Technology,published Ir.ROCC1(Korea Creatwe Content Agency).201- Rrimagining Seoul again after the liar through photographs,exhibition reriew of Han Youngsoo:Photographs of Seoul s936-63 at ICP for the Joongang Sunday Newspaper,\larch 12.201- published bt Joongang Sundai Ne„spaper,Seoul Korea Machine Learning and New possibilities in Arts_Special Feature on AI and Art for the SlonthlyArt magasine Februan tor- published by:dontW Art magazine V01.385.Seoul.hrea We Can Still Raise Questions aboutArtyicial IntriNgence:This Is Why We Need Creatirity in the.lye of Artificialfnteftence(p.18-30;1. Exhibition catalog of the why Future StiII Needs Us:AI and Humanity,published In-Art Center Nabi 2o1- I&LN:9-9 a 8-2-3 os-a 03600 ?age 11�t 13 Page 30 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Drawing hultilayered Time and Space with Light Light Barrier by Kimebi and Clips,Space magazine_month-magazine for architecture and art October 2014 Space magazine Vol.563.Seoul,Korea Mulling over the Social Role of the Korean Moring Image:boring Images. Expecting the Image&that►!ores Society, Morino On Asia March 2013 published by LOOP.Seoul Korea Syncretic Spells:The Futirre is Upon Us (p.:38-aq6),Biennial catalog of the Spell on you,the nth Seoul International Media Art Biennale(Mediacity,Seoul aora), published b`-Seoul'Museurn of Art.2012 ISBN 9-8-89-94849-19-5 Seeking Silicon Valley through the artistic pathway to the whole,Biennial catalog of ZEROr:Seeking Silicon Valley,published bt-ZEROI.2012 ISBN:9-8-0-615-685--5-5 Naturalizing the pathways to the whole in the art of Hundun(Chaosi, ART&CULTURES)MVERIQUE(S)Panorama International, .Tune 2012 published by centre des art Enghien-les-Bail France ISBN:9--6-2-916039-23-9 Rerisiting Media ART(ix serial articles), The 1Monthl 'Magazzine Korean Museum April 2011 to 3Mrach 2012 Korean'Museum AssoridnOn Seoul Korea Ereryone could?watch outP ererywkere or'be matched outs'emery time J;a6rice Benayoun Open A-t 1980-2010. April 2011 published bv centre des art Engbien-les-Barns France ISBN:9-8-2-J5988-os6-5 Introduction of Vabi Project(p.302-303),Introduction of A.L.I.GE. Museum_Dremaing Bntterfty and.i.L.I.C.E.Museum:Dreaming ofhore for the Next Generation(p.-84-86), Introduction of CO3IO..Urban Screen. communication widou,to the world(p.go6-go^),Introduction of Mobile Art(p. looq-1oio). This is Media Art:to Years ofArt Center.`abi,published bN-Nabi Press, 2010 IBA.N:9^8-89-954-2S-1-t 93000 WAVE:Falling into a state of self-absorbed trans rwithin.Media.art(p.u6-11q), Sense of Humor and Communication of Digital Natives p.sgo-sg}), Festival catalog of the lnchron International Digital Art FCStillat 2010,published b;Nab) Press,2010 lB,VN:9-8-89-98;-ra8-2-8 Printemps Perfume,Dreaming of Open-mindedness.Exhibition catalog of the Printemps Perfume April 2010 published b% centre des art Engh"-les-Barns France ISBN:9^8-2-916639-13-0 t l� Page 31 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 Industrialisation of lfedia.arts through new wars of communication in.ltedia Art and Creatire fadxstry, Media ARTdr Industry December 2010 published b}•Seoul Foundation for Arts and Cullum.Seoul,Korea Media.art Trend. Design trend Report NO+.ember 2009 published by KIDP(Korea Institute of Design Promotion),Seoul Korea Corer Story on Media Arts. The Monti y Wallerhtll Jlagaaine for W&LIKerhili Hotel and tip'tiotel_Seoul, Jult 2009 t0 August 2011 published b•Joongang aI&B,Seoul Kona Public Design in C biquitoats era. Economy Focus, October 200- published bs Seoul Economic Bulletin,Seoul Kona I n termidiae Minbak for AROC Zoo-exhibition catalog. August 201- edited bv DooEun Choi and published be Art Center Sabi Seoul Kona and latermediae in Aladnd Spain A.L.I.C.E.Museurn exhibition catalog. June 201^ edited by DooEun Choi and Inkee Chang published tn-Art Center Nabi and Seoul Arts Center Hangaram Design Iluseum.Seoul.Kona City as Media:Hybridity between physical and rlrtual spaces. Science:.%luseum,Donga Science 11ag=ine, alarrh 2006 published bv Donga Science.Seoul.Korea ?age 1J of 13 Page 132 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 EXHIBIT "B": Pioneer Tower Iconic Public Art Project Site oil # A� 5 1 t Pioneer Tower,Will Rogers Memorial Center,3401 W.Lancaster Avenue,Fort Worth,TX 7610 Page 33 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 EXHIBIT "C": Pioneer Tower Project Core Team Aspirations for Creative Content Pioneer Tower Iconic Public Art Proj ect Project Core Team Meeting April 4,2019 On Thursday,April 4,2019,2:00 p.m.,the Pioneer Tower Iconic Public Art Project Core Team and Advisors convened at the Fort Worth Museum of Science and History, Executive Conference Room, for a Presentation of Projection Mapping Projects by planning consultants Joshua King and Shane Pennington. The consultants then led a discussion of goals and aspirations for the creative content of the first projection mapping project for Pioneer Tower by sharing their thoughts: • Create an iconic,time-based, contemporary work of art that is original,timeless and unique; Highlight the rehabilitation of the Tower—this will become the first National Historic registered monument with a contemporary work of art; • Should find an artist that is leading the movement in time-based art; • Create an ongoing digital art collection for the City of Fort Worth; • Artists can continue to be commissioned to make works for Pioneer Tower; • This project puts Fort Worth on the map as having a permanent, large 3-D project; • In this respect, Fort Worth can be a vanguard. The Project Core Team goals and aspirations are summarized as follows: • Give the artist,or artists,the freedom to be creative, but also;give them perimeters and guidance; • Acknowledge and reference the past,while also being future and forward-thinking, innovative and modern; • Be inclusive of and accessible to our diverse Fort Worth community; • Everyone needs to recognize themselves in the narrative content;of the work. Page 134 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 EXHIBIT "C": Fort Worth Art Commission's Aspirations for Iconic Artworks I FIVA ZJ VA9 Iconic Public Artworks Strategic Plan Purpose The purpose of this strategic plan is to formulate an overarching approach to Iconic Public Artworks, based on the Fort Worth Public Art Master Plan Update recommendations, that collectively and inclusively reflects Fort Worth's citizenry and their aspirations for the future. In addition, this plan seeks to prioritize the Iconic Public Artworks to take advantage of opportunities to engage with capital improvement projects that the City of Fort Worth and other entities are planning and implementing. Process On January 14, 2019, Fort Worth Art Commission (FWAC) Chairman Robert Lee appointed two Iconic Artwork Committees - one to consider an overall approach for Iconic Public Artworks and the other to study locations and identify potential partners. During the months of February and March, committee members toured the sites recommended in the Fort Worth Public Art Master Plan Update. Each committee subsequently convened to discuss their findings and recommendations. Chairman Robert Lee presented both committees' reports to the Art Commission on April 8, 2019 and on May 13, 2019, the Art Commission approved the plan for recommendation to City Council. Overall Approach for All Iconic Artworks Key attributes for all Iconic Artworks fall into four major categories: • Artistic o Curator-driven artist selection resulting in works on the level of those in museum collections that change viewers' perceptions o Welcoming and accessible (e.g. a `gateway' in the city or focal point within a park) • Impactful o Have the `Wow!' factor; Create excitement o Large-scale works in prominent locations with budgets to attract national and international artists Page� 35 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19 • Respectful o Tied to the past, yet future and forward focused o Dynamic and reflective of all of the citizens of Fort Worth so they see themselves in the work o Ensuring all steps in the process are viewed through a lens of inclusivity and cultural sensitivity • Responsible o Universal appeal to visitors and citizens o Embracing and advancing cultural equity o Using City funds to leverage and gather community support and dollars Project Prioritization and Recommendations Key recommendations,preferred locations, and proposed order of development of outlined sites: 1. Cultural District.Pioneer Tower(project in progress) RECOMMENDATIONS: • This is an ongoing project based on existing funds and should continue on the existing timeline with anticipated completion in 2021 • The artist(s) selected for the projection mapping project should be guided by the overall approach for Iconic Public Artworks listed above, as well as specific input from the Project Core Team and City staff advisors Page 136 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Cop} 10/18/19 EXHIBIT "D": Sales Tax Exemption Form -319 ;aw.syti, Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be vekd Na,,,*arpvcmw 9rm V agency City of Fort Worth,Texas ik"wi*(Street a ft wa P O a-a Q..V Mwruae*i i P'oree Mra cnOe sW niw�Mr) 200 Texas Street ! 817392.8360 Csy Spse ZiPcadeFort Worth,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 code Description of etems to be purchased or on the attached order or nvoce All items Purchaser acknowledges that this Certificate cannot be used for the purchase lease or rental of a motor vehicle_ Purchaser claims this exemption for the fo owing reason: Municipality,Governmental Entity I understand that I will be lisb>e 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 add.+or aft applicable law I understand thatRisa commatoMprise togrve an exemption oerfAcaletothe selertortaxabae items that lknow,at the tyre ofpurchase. willbeusedin amanneroilferrhan Matexpres s odv+this cerefrcafe,and depending arMe amount oftax evaded,MeoXenso may range from a Crass C msdemeanor to a felony of Me seoatd degree. h&*(t Finance Director/CFO S{+rtl t2`J 25"b NOTE This asrtdocate cannot be issued for the purchase,lease.or rental of a motor vehicle THIS CER 17FICA TE DOES HOT 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 no send the completed certificate to the Comptroller of Public Accounts. Page 37 of 37 Agreement Between the City of Fort Worth and DooEun Choi for the Pioneer Tower Iconic Public Project Execution Copy 10/18/19