HomeMy WebLinkAboutContract 37955CI i Y 21 C RE` ARY � I`
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DESIGN TEAM AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND ANITRA BLAYTON
FOR A PUBLIC ART MASTER PLAN FOR LAKE COMO PARK
AND FINAL DESIGN OF PUBLIC ART/DESIGN ENHANCEMENTS
FOR THE NEW LAKE COMO TRAIL
This Agreement, entered into this day of ) 2008,
by and between the CITY OF FORT WORTH, a municipal corporation, of the State of
Texas, (the "City") acting by and through Fernando Costa, its duly authorized Assistant
City Manager and Anitra Blayton, an individual (the "Artist"). The City has designated
the Arts Council of Fort Worth and Tarrant County, Inc. (the "Contract Manager") to
manage this Agreement on its behalf. The Contract Manager shall act through its Public
Art Director.
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, (the "City Code"), 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
through the artistic design of public spaces; and,
WHEREAS, on July 3 -5, 2006, a Public Art Master Planning Workshop for Lake
Como Park was conducted by Fort Worth Public Art, in which Artist participated, that
resulted in preliminary recommendations for park improvements and approaches to
commemorating the history of the Como Community were made; and,
WHEREAS, the Como Community, Parks Advisory Board and the Fort Worth
Art Commission are supportive of further developing these concepts in the form of a
master plan with a view toward implementation; and,
WHEREAS, the Artist was competitively selected along with artist Mel Ziegler
(the "Co -Lead Artist") through an invitational RFQ process conducted by the Contract
Manager with oversight of the Fort Worth Art Commission; and,
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CITY S�CR� NARY
FT. WORTH, TX
WHEREAS, the City is designing and constructing a new trail at Lake Como Park
which offers the Artist and Co -Lead Artist the opportunity to implement a public
a Vdesign enhancement project for the Site; and,
WHEREAS, the Fort Worth Art Commission has recommended funds from the
Public Art Fund (the "PAF") in its Fiscal Year 2009 Annual Work Plan to develop a
Public Art Master Plan and Final Design of Public Art Design Enhancements for the new
Lake Como Trail (the "Work") for Lake Como Park (the "Site"), a map of which is
attached hereto as Exhibit "A"; and,
WHEREAS, the City and the Artist wish to set out the terms and conditions for
the Artist's participation in the Project, including collaboration with the Co -Lead Artist
and Parks & Community Service Department staff,
NOW, THEREFORE, the 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
MASTER PLAN SCOPE OF SERVICES AND DELIVERABLES
1. l Scope of Services.
a. Artist, in collaboration with the Co -Lead Artist, shall conduct research and
further develop the concepts, recommendations and cost estimates for the Site
conceived during the Lake Como Conceptual Master Planning Workshop of
July 4 — 6, 2006, a summary of which is attached as Exhibit "B including but
not limited to:
a. Boardwalk on the north side of Lake Como
b. Amphitheatre on the west bank of Lake Como
c. Trail encircling Lake Como
d. Nature preserve area south of the dam with interpretive elements
e. Parking lot and trail improvements
b. Artist shall, in collaboration with the Co -Lead Artist, conduct research and
identify specific opportunities at various locations at the Site for elements
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commemorating the history of the Como Community, specifically those
designated "Heroes", "Legends" and "Pioneers" by the Lake Como Planning
Committee, as well as recommend ways in which future commemorative
elements may be incorporated, and shall develop a conceptual framework and
specifications for such commemorative elements.
c. Artist shall, in collaboration with Co -Lead Artist, meet with city staff from the
Stormwater Management Program of the Department of Transportation and
Public Works and the Environmental Management Department, and others as
appropriate, to investigate the feasibility of proposed infrastructure
improvements.
d. Artist shall, in collaboration with the Co -Lead Artist, work with the
designated staff landscape architect from the Parks & Community Services
Department and Contract Manager in developing the plan, as well as cost
estimates for the proposed infrastructure improvements.
e. Artist shall, in collaboration with the Co -Lead Artist, seek input from the
artists who participated in the Lake Como Planning Workshop of July 4 — 6,
2006.
f. Artist shall, in collaboration with the Co -Lead Artist, seek input from the Lake
Como Planning Committee and other community stakeholders constituting a
"Steering Committee" in developing the Plan.
g. Artist may use consultant support, as determined by Artist and Co -Lead
Artist, at no additional expense to the City.
h. Artist shall plan, organize, attend and participate in site visits, design team
work sessions, input gathering meetings, research, presentations to community
stakeholders, which shall include the Lake Como Planning Committee's
annual banquet on October 18, 2008, as well as final presentations to the
Parks Advisory Board, and the Fort Worth Art Commission on mutually
agreed upon dates in Spring 2009.
1.2 Master Plan Deliverables and Public Art Director Responsibility.
a. Artist shall, in collaboration with the Co -Lead Artist, perform the services and
furnish all supplies, materials, and equipment necessary to complete the Plan
and provide the following deliverables (collectively, the "Master Plan
Deliverables") as set forth in this Section 1.2.a.ai.-i. for City approval within
six (6) months of the execution of this agreement:
i. Lake Como Master Plan
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1. Master Plan Graphics (e.g., bubble diagrams on
existing aerial photographs/maps, photographs
of precedents/examples and/or
sketches/drawings) to illustrate recommended
infrastructure improvements types and location,
as well as commemorative element types and
locations, for incorporation into final
boards/documents to be produced by PSCD staff
and Co -Lead Artist.
2. Master Plan Narrative describing: (1)
Background/Context; (2) Overall approach and
conceptual underpinning for the Lake Como
Park Master Plan; (3) Recommended
infrastructure improvements types and
locations; (4) Recommended commemorative
elements, including overall approach, types of
expressions, media, locations; (5) Estimated
budget ranges for recommended improvements
and elements; (6) Prioritization of
improvements and elements; (7) Listing of
individuals and organizations who participated
in the Master Plan by giving input, attending
meetings, etc.
ii. Conceptual Framework and Specifications for Commemorative
Element(s):
1. Design Concept rendering(s) and location map
2. Written Narrative description of concept, media,
dimensions, installation method, and timeframe
for completion.
3. Preliminary Budget estimate for individual
elements.
iii. Parking Lot /Trail Improvements
1. Give input, in writing, to PCSD with regard to
configuration and design for the parking lot and
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traiI alignment in a timely fashion (see also
Section 1.3)
iv. Copy of Artists' Powc; ]LILt presentation, if any.
v. Four copies and the pdf file of the final Master Plan
brochure/document.
b. The Contract Manager's Public Art Director and the designated staff
landscape architect team from the Parks &Community Services
Department shall constitute the Artists' primary and secondary contact
person respectively.
c. Artist acknowledges receipt of copies of existing plans, maps,
topographic maps and copies of previous master plans for Lake Como
Park from Contract Manager.
d. Deadlines for submission of Artist's deliverables may be extended by
mutual written agreement between the Artist, Co -Lead Artist, and
primary and secondary contact persons.
ARTICLE 2
TRAIL DESIGN SCOPE OF SERVICES AND DELIVERABLES
2.1 Scope of Services.
a. The Artist, in collaboration with the Co -Lead Artist, shall determine the artistic
expression, scope, design, color, size, material, and texture of the Work, subject to review
and acceptance by City as set forth in this Agreement.
b. The Artist, in collaboration with the Co -Lead Artist, shall perform all services and
will furnish all supplies and materials as necessary for developing a Final Design for the
Work at the Site. Services shall be performed in a professional manner and in strict
compliance with all terms and conditions in this Agreement.
c. Artist shall meet and coordinate with the City's consultant and the staff of the Parks
& Community Services Department to research the feasibility of the design and to ensure
proper integration of the Work into the Site and into the construction documents, as may
be necessary.
d. Artist, in collaboration with the Co -Lead Artist, shall provide written maintenance
recommendations for the Work.
e. Artist, in collaboration with the Co -Lead Artist, shall present the Final Design to the
designated community advisory group, City Council Member and City officials for input,
and to the Fort Worth Art Commission for review and approval at dates and times
mutually agreed upon.
2.2 Final Design Deliverables
a. Within two (2) months after the execution of this Agreement, Artist shall provide
services and all supplies, materials, and equipment necessary to provide certain
deliverables, as set forth in this Section 2.2.a.iAii. (collectively, the "Final Design
)eliverables") to the City for approval. Final Design Deliverables shall consist of the
following:
i. Detailed, design illustrations of the Work for the Site; these illustrations shall
be at least 20" x 30" mounted on foam core and/or in a high resolution digital
format, such as JPEG or TIF files; and,
ii. Artist shall provide a final written narrative describing: (1) Design concepts
and timeline for completion; (2) Proposed materials, fabrication and
installation methods, including whether the Work will be executed by the
City's General Contractor or by the Artist and the Artist's Subcontractor; (3)
Maintenance requirements for all elements of the Work as dictated by the
Artist along with cost estimates for annual maintenance; and, (4) Proposed
community involvement component and/or public education program to be
conducted by Artist, in collaboration with the Co -Lead Artist during the
commission phase of the project; and,
Artist shall provide a final budget for the Work with written estimates
attachVWd for supplies and services to be provided by the Artist, by Artist's
contractor, or by others in an amount not to exceed $80,000.
c. Upon completion of the Final Design Deliverables, Section 2.2.a.i-iii, Artist shall
meet with City officials and community representatives, asappropriate, to present the
Final Design, at a date and time mutually agreed upon, for input.
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d. Artist shall present the Final Design to the Parks Advisory Board for input and to
the Fort Worth Art Commission for approval at regularly scheduled meetings.
e. Upon approval, Artist shall provide the Final Design presentation materials to the
Contract Manager to become part of the City of Fort Worth's Public Art archive.
f. Upon request by the Artist, the City, the project consultant and/or project manager
shall promptly furnish all information, materials, and assistance required by the Artist in
connection with said submission to the extent such materials are available. The City,
upon request, shall also provide correct scaled drawings of the Site, if available.
2.3. Implementation Budget Total.
Artist shall develop a Final Design that is financially feasible relative to the budget for
implementation. It is understood that the budget for implementation of the Final Design is
estimated at EIGHTY THOUSAND DOLLARS AND NO CENTS ($80.000), including
materials, labor, fabrication, delivery, installation, insurance, transportation, travel, 10%
contingency and all associated costs for the Work, as well as a fixed artist's fee and funds
for the community involvement component and/or educational program. An additional
project contingency of 10% shall be held out separately from the contract. Artist shall
provide a detailed budget, on the budget form attached hereto as Exhibit "C", for
implementation of the Work through an Artwork Commission Contract with the City,
which contract is subject to the approval of City Council.
2.4. Design Review.
a. The City may require the Artist and Co -Lead Artist to make such revisions to the
Final Design as are necessary for the Work to comply with applicable statutes, ordinances
or regulations of any governmental regulatory agency having jurisdiction over the Final
Design Site for reasons of safety and security.
b. The City may also request revisions to the Final Design for other practical, non -
aesthetic, reasons.
c. Within thirty (30) days of its receipt of the Artist and Co -Lead Artists' submission
of the Final Design, the City shall notify the Artist and Co -Lead Artist of its approval, or
disapproval, of such submission and of each revision made in the Final Design.
Revisions made pursuant to this Section 2.4, upon approval by the City, shall become
part of the Final Design.
d0 If the Final Design or any required revision is disapproved by the City, the Artist
and Co -Lead Artist shall have a reasonable amount of rime to resubmit the Final Design
in conformance with the City's requirement.
e. If resubmitted materials are not approved by the City, this Agreement may be
terminated at the City's option, with payment for work performed per the payment
schedule in Section 3.1.
f. Upon the expiration of the Term, as hereinafter defined, of this Agreement, if the
Final Design is accepted by the City and funding is approved by City Council,
negotiations for fabrication, delivery and installation of the Work shall commence, which
shall become part of the deliverables under the subsequent Artwork Commission
Contract.
ARTICLE 3
COMPENSATION AND PAYMENT SCHEDULE
3.1. Fee.
The City shall pay the Artist a fee in the amount of TWENTY-FIVE THOUSAND
DOLLARS AND NO CENTS ($25,000), which shall constitute full compensation for all
services and materials to be performed and furnished by the Artist under this Agreement,
including design and production of the master plan brochure/document. 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. Five Thousand Dollars and No Cents ($5,000) upon execution of this
Agreement, recognizing that the Artist has already invested time and
expense in preliminary design team coordination with the Co -Lead Artist
and the City.
b. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
the Artist submits "Final Design Deliverables", as required in Section
2.2.a.i.4ii, of this Agreement and makes presentations to the Parks
Advisory Board and the Fort Worth Art Commission.
c. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
the Artist submits certain "Master Plan Deliverables", as required in
Section 1.2.a.i.-iii. of this Agreement and makes presentations to the Parks
Advisory Board and the Fort Worth Art Commission.
d. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
the Artist submits remaining "Master Plan Deliverables", as required in
Section 2.2.a.iv.-v. of this Agreement.
e. Five Thousand Dollars and No Cents ($5,000) within thirty (30) days after
the City's approval of both the Lake Como Park Master Plan and the Final
Trail Design.
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 Artist with the "Texas
Sales Tax and Local Sales Tax Exemption Certificate," for use by Artist in the fulfillment
of this Agreement.
3.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the
performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, 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
OWNERSHIP OF DESIGN AND REPRODUCTION RIGHTS
The Work and all other work product under this Agreement shall become property of the
City, without restriction on future use, except as provided below. Artist shall retain
copyright and other intellectual property rights in and to the Work. By execution of this
Agreement, Artist grants to the City a perpetual, irrevocable license to graphically depict
or 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
the 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 the City, shall be
deemed a non-commercial purpose. Notwithstanding the above limitation, Artist agrees
and understands that nothing in this paragraph shall affect or limit the City's absolute,
unrestricted rights incidental to the City's full ownership of the final artwork to alter,
change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or
transfer, in whole or in part, the final artwork when the City deems it necessary within its
discretion, in order to otherwise exercise the City's powers and responsibility in regard to
public works and improvements, in furtherance of the City's operations or for any other
reason. The City agrees to credit Artist as the creator and copyright holder when it
graphically depicts or displays the Work.
ARTICLE 5
WARRANTY
The Work shall be the original product of the Artist's own creative efforts. Artist
warrants that the Work is and will be original and agrees to assume the defense of, and
indemnify and hold harmless, the City, its officers, employees, agents, and contractors
from and against all claims, losses, damages, actions or expenses of every type and
description, including attorney's fees, to which they may be subjected arising out of the
City's use or possession of the Work by reason of an alleged or actual copyright violation
or other lack of ownership, authorship, or originality.
ARTICLE 6
ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work and services hereunder as an independent contractor,
and not as an officer, agent, servant or employee of the City. The 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 the City and the
Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondeat
superior has no application as between the City and the Artist.
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ARTICLE 7
INDEMNIFICATION
a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT AND/OR
THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND
ARTIST HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY
AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND
ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF
THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES
DESCRIBED HEREIN. ARTIST LIKEWISE COVENANTS AND AGREES TO
AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS
OR OMISSIONS OF ARTIST, ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM
PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY ARTIST IN CONNECTION WITH OR INCIDENTAL
TO PERFORMANCE UNDER THIS AGREEMENT.
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ARTICLE 8
EQUAL OPPORTUNITY
a. The Artist shall not discriminate against any employee or applicant for
employment because of age, disability, race, color, religion, sex, sexual orientation,
national origin, or familial status. The Artist shall take affirmative action to ensure that
employees are treated equally during employment, without regard to their age, disability,
race, color, religion, sex, sexual orientation, national origin, or familial status. Such
action shall include but not be limited to the following: Employment, upgrading,
demotion, transfer, recruitment or pay or other forms of compensations, and selection for
training, including apprenticeship. The Artist agrees to post in conspicuous places,
available to employees and applications for employment, notices to be provided by the
City setting forth the provision of this nondiscrimination clause.
b. The Artist shall in all solicitation or advertisements for employment
placed on or on behalf of the Artist, state that all qualified applicants shall receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, or national origin.
c. The Artist shall furnish all information and reports requested by the City
of Fort Worth, and shall permit access to its books, records, and accounts for purposes of
investigation to ascertain compliance with such rules and regulations.
d. In the event of the Artist noncompliance with the nondiscrimination
clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in
whole or in part, and the Artist may be debarred from further agreements with the City of
Fort Worth,
ARTICLE 9
MISCELLANEOUS
9.1. Com lin ance.
The Artist shall comply with all Federal, State and City statutes, ordinances and
regulations applicable to the performance of the Artist services under this Agreement.
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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 the 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 the City and the Artists 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 the City and
the Artist, and any lawful successor or assign, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
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9.8 Severabinly.
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 parries 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 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 the City to the Artist of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the 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.
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9.13. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
9.14. Survivinz: Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity of the Artist.
9 15 Co -Artist's Right to Complete.
In the event of the death or legal incapacity of the Artist, the Co -Artist and/or the City of
Fort Worth shall have the right to complete the Work and shall give credit to Artist, as
appropriate.
9.16. Right to Audit.
The Artist agrees that the City will have the right to audit the financial and business
records of the 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 on 1000
Throckmorton 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. Notwithstanding anything to the contrary
herein, this Section 8.16 shall survive expiration or earlier termination of this Agreement.
9.17. Certified MWBE.
If applicable, Artist shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is
accepted by the City under the City's M/WBE ordinance.
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:
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1.
CITY OF FORT WORTH: Fernando Costa, Assistant City Manager
City Manager's Office
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Copies to: David Yett, City Attorney
Law Department
1000 Throckmorton Street
Fort Worth, TX 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
1300 Gendy Street
Fort Worth, TX 76107
ARTIST Anitra Blayton
912 Larkspur Lane
Fort Worth, TX 76112
[SIGNATURES APPEAR ON THE FOLLOWING PAGE.]
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IN WITNESS HEREOF, the parties hereto have executed this Agreement on this
day and year first written above.
APPROVED AS TO FORM:
Leann D. Guzman `"
Assistant City Attorney
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
ARTIST
H11��1CLt3T:
City Secretary
M&C C-23112
Contract Authorization
October 7.2008
Date
I�
CITY ��i:R� NARY
F7: WORTH, TX
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/7/2008
DATE: Tuesday, October 07, 2008
LOG NAME: 13LAKE COMO ART
REFERENCE NO.: **C-23112
SUBJECT:
Authorize Public Art Master Plan Agreements with Anitra Blayton and Melvin L. Ziegler for Lake
Como Park in the Amount of $50,000.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a Public Art Master Plan/Final Design Agreement with Anitra
Blayton for Lake Como Park in the amount of $25,000.00; and
2. Authorize the City Manager to enter into a Public Art Master Plan/Final Design Agreement with Melvin L.
Ziegler for Lake Como Park in the amount of $25,000.00.
DISCUSSION:
The contracts with co -lead artists Anitra Blayton and Melvin L. Ziegler will result in a Lake Como Park Public
Art Master Plan that includes both aesthetic and functional enhancements to increase the community's use
and enjoyment of the park through improvements to existing infrastructure and the addition of new park
amenities. The master plan will also include the introduction of integral elements that commemorate
important people and events of the Como community's history.
Working collaboratively with each other and with the Parks and Community Services Department's design
staff, as well as other local artists, as needed, Blayton and Ziegler will gather information and input from the
Lake Como Planning Committee and other neighborhood stakeholders; as well as other City staff, as
appropriate; develop schematic designs for park infrastructure to guide future park development; and set a
conceptual framework for integral commemorative elements and identify appropriate locations for these to
occur.
In addition, the co -lead artists will design a specific public art/design enhancement project for the Lake
Como Trail to be constructed in Spring 2009.
The amount of the proposed agreement with Anitra Blayton is $25,000.00 and the amount of the proposed
agreement with Melvin L. Ziegler is $25,000.00, for a total amount not to exceed $50,000.00 from the Public
Art Fund.
The source of funding is consistent with the Fort Worth Art Commission's draft Long Range Public Art Plan
for the Water Fund, adopted by City Council on May 9, 2006, (M&C G-15185) which includes a process by
which the Fort Worth Art Commission may recommend new public art projects. Public Art Funds for this
project were included in the Fort Worth Public Art program's Fiscal Year 2008 Annual Work Plan, adopted
by City Council on September 25, 2007, (M&C C-22411) as a part of the City's agreement with the Arts
Council of Fort Worth and Tarrant County, Inc., for administration of the Fort Worth Public Art Program. On
July 14, 2008, the Fort Worth Art Commission recommended that design of a specific public art/design
enhancement project for the Lake Como Trail be added to the artists' scope of work along with additional
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funds.
BACKGROUND:
In an effort to assist the Lake Como Planning Committee and the Parks and Community Services
Department to plan improvements and commemorative elements to Lake Como Park, Fort Worth Public Art
staff organized a Conceptual Master Planning Workshop on July 3 through 5, 2006. Artists Anitra Blayton
and Melvin L. Ziegler participated, along with five other local and Texas -based artists identified by the Fort
Worth Art Commission and the community, in evaluating park needs and brainstorming solutions. The
artists' initial concepts have been presented to and embraced by the community and have been well
received by the Parks Advisory Board and the Fort Worth Art Commission.
Using the process and guidelines established in the Fort Worth Public Art Master Plan, which City Council
adopted in September 2003, an invitational Request for Quotes (RFQ) was issued. On February 20, 2008, a
review panel chaired by Council Member Carter Burdette reviewed the qualifications of the artists who
responded to the RFQ and interviewed them. Artists Anitra Blayton and Melvin L. Ziegler asked to be
considered as a team. After discussion and consideration, the review panel recommended Anitra Blayton
and Melvin L. Ziegler as co -lead artists for the project.
REVIEW PANEL
• Council Member Carter Burdette;
• John Hudson, Lake Como Planning Committee representative;
• Estrus Tucker, Lake Como Planning Committee representative;
• Regina Blair, Fort Worth Art Commission representative;
• Gale Cupp, Parks Advisory Board representative (CD 7); and
• Mike Ficke, Design and Development Superintendent, Parks and Community Services Department.
On March 10, 2008, the Fort Worth Art Commission reviewed the panel's recommendation and made a
formal recommendation to City Council to engage artists Anitra Blayton and Melvin L. Ziegler for the Lake
Como Park Public Art Master Plan.
M/WBE -The City's overall M/WBE goal for the Fort Worth Public Art program is 25 percent of total capital
project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 7.
FISCAL INFORMATIONICERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital budget,
as appropriated, of the Specially Funded Capital Projects fund.
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
C291 531200 807980117110 $30, 000.00
C291 531200 807980117130 $20,000.00
Fernando Costa (6122)
Karen L. Montgomery (6222)
Richard Zavala (5704)
Greg Simmons (7862)
Sandy Oliver (7371)
http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 11/4/2008