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HomeMy WebLinkAboutContract 41591 (2)CITY SECRETARY coI4TRAGT 190• • AGREEMENT FOR LONG-TERM LOAN OF AN ARTWORK BETWEEN THE FORT WORTH MUSEUM OF SCIENCE AND HISTORY AND THE CITY OF FORT WORTH This AGREEMENT ("Agreement") is entered into this \&'day of jVV4c c)n 2010 (the "Effective Date"), by and between THE CITY OF FORT WORTH, a home -rule municipal corporation of the State of Texas (the "City"), acting by and through Fernando Costa, its duly authorized Assistant City Manager, and THE FORT WORTH MUSEUM OF SCIENCE AND HISTORY, a Texas nonprofit corporation, acting by and through Charles Walter, its Vice President of Programs. WHEREAS, the City established the Fort Worth Public Art program on October 22, 2001 (Ordinance # 14794), which provides for administration of the Fort Worth Public Art collection; WHEREAS, a member of the Fort Worth Public Art Collection known as Buildings For Pleasure Grounds Parks & Playgrounds / Fort Worth, Texas (the "Artwork"), an architectural rendering more particularly described in Exhibit "A," is owned by the City, WHEREAS, a full-scale framed reproduction of the Artwork will be provided by the City to the Fort Worth Museum of Science and History (the "FWMSH") for exhibition purposes while the original Artwork is in storage and which will, for the purposes of this agreement, receive the same treatment as the original and be included in the definition of Artwork in all references to the Artwork in this agreement; WHEREAS, the FWMSH owns and operates two facilities relevant to this Agreement: (1) a museum facility located at 1600 Gendy Street, Fort Worth, Texas (the "Museum Facility") and (2) an off -site, climate -controlled storage facility located at 3 612 Byers Street, Fort Worth, Texas (the "Storage Facility"), both of which are suitable and appropriate locations for the long- term exhibition and storage of the Artwork (collectively referred to as the "Sites"); WHEREAS, the City finds the FWMSH an appropriate partner for the long-term exhibition and storage of the Artwork; WHEREAS, the FWMSH is willing to make the Sites available to the City for the long- term exhibition and storage of the Artwork; and WHEREAS, the City and the FWMSH desire to enter into this Agreement to provide for the terms of the loan of the Artwork. OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: ARTICLE 1 RIGHTS & RESPONSIBILITIES CITY 1.1 Ownership a. The City shall maintain full and exclusive title, ownership, and control of the Artwork and all reproductions throughout the term of this Agreement b. The City shall also retain the right to create reproductions of the Artwork for any purpose whatsoever, including, but not limited to, creating any full-scale reproductions for exhibition at locations other than the Sites If the City creates reproductions of the Artwork during the term of this Agreement, then the City may denote that the original Artwork is in the care of the FWMSH. c. The City shall insure the Artwork for its full value for the term of this agreement 1.2 Exhibition and Storage. a. The City acknowledges that the FWMSH will exhibit and program the Artwork at no cost to the City and in accordance with the City's Exhibition and Storage Policy, attached hereto as Exhibit "B" and incorporated herein by reference, which has been reviewed and approved by the Fort Worth Art Commission as the basis for executing this Agreement with FWMSH. "Program" means and includes any services, educational opportunities, or projects that involve the Artwork. b. The City acknowledges that the FWMSH agrees to store the Artwork in its Storage Facility at no cost to the City and in accordance with the City's Exhibition and Storage Policy. 1.3 Right of Entry The City shall have the right to enter the Sites at mutually agreed upon times and in accordance with the terms of this agreement. The City retains the right to supervise the care and maintenance of the Artwork through its established Public Art Program and in accordance with the City's Exhibition and Storage Policy 1.4 Prior to Delivery a. The City shall be responsible for all costs associated with photographing the Artwork and developing image files for archive and reproduction purposes. b. The City shall establish and manage a rights and reproduction policy for the Artwork. c. The City shall be responsible for design and all costs associated with a suitable exhibition crate for long-term storage. d. The City shall deliver the Artwork to FWMSH on a date and at a time mutually agreed upon by the FWMSH and the City. The City will certify the condition of the Artwork at the time of delivery. 1.5 Risk of Loss During Delivery. The risk of loss or damage to the Artwork prior to delivery shall be borne by the City, and the City shall take such measures as are necessary to protect the Artwork from loss or damage until delivery, mcluding, the purchase of property loss insurance. 1.6 Post -Delivery a. Within sixty (60) days after the installation of the Artwork, the FWMSH may request that the City furnish the FWMSH with a plaque (the ` Plaque") providing information about the Artwork. If FWMSH exercises this option, then the City must furnish the Plaque to FWMSH within a reasonable time. b. The City shall pay for periodic environmental testing in the Artwork's exhibition areas following the installation of the Artwork. c. The City will provide the FWMSH with a condition assessment of the Artwork at delivery and agrees to administer regular reviews of the condition of the Artwork through its Contract Manager in coordination with the FWMSH. d. The City will provide the FWMSH a copy of the City's Exhibition and Storage Policy through its designated Contract Manager. ARTICLE 2 RIGHTS & RESPONSIBILITIES FWMSH 2.1 Accessibility. a. Accessibility During hxhibition - The City and the public shall, during the Museum's Facility's regular business hours, have reasonable access to the Artwork while the Artwork is on exhibition at the Museum Facility. Reasonable access means that the City and the Public shall be able to view the Artwork from inside the Museum Facility during the Museum Facility's regular business hours and in accordance with the Museum's regular charges and fees. If the City requires access to the Artwork at any time outside of the Museum Facility's regular business hours, then the City and the FWMSH shall schedule a date and time convenient for both parties to access the Artwork without any unreasonable delay on the part of the FWMSH. b. Accessibility During Storage — The City and the FWMSH shall schedule a date and time convenient for both parties to access the Artwork without any unreasonable delay on the part of the FWMSH. 2.2 Site Guarantee. The FWMSH shall keep the Artwork physically located and secured at the Sites without alteration and in accordance with the City's Exhibition and Storage Policy unless mutually and expressly agreed upon in writing in advance of a change in location. 2.3 hxhibition and Storage. a. The FWMSH agrees to abide by all the terms and conditions set forth in the City's Exhibition and Storage Policy and any amendments thereto. b. The FWMSH shall exhibit and store the Artwork at no cost to the City. c. The FWMSH agrees to exhibit and store the Plaque at no cost to the City. d. The FWMSH agrees to ensure that the City's approved credit information including, but not limited to, title, date, and artist, are prominently displayed directly next to the Artwork. e. The FWMSH agrees to maintain exhibition and storage records and to supply the City with any and all copies of those records on an annual basis or upon request. f. The FWMSH shall be responsible for all costs related to (i) the design, fabrication, and installation of exhibitions including the Artwork, (ii) the installation and materials for appropriate lighting for the Artwork, and (iii) all handling and transportation costs between the Museum Facility and its Storage Facility. g. The FWMSH agrees to pay and provide for all promotional materials related to exhibitions, including the Artwork. 2.4 Maintenance & Care. a. The FWMSH agrees to take all reasonable measures to insure against loss, damage, or deterioration of the Artwork. The FWMSH agrees to meet any special requirements benefiting the Artwork as detailed in the City's Exhibition and Storage Policy. b. The FWMSH acknowledges the administrative role of the Contract Manager to schedule, supervise, and administer periodic environmental testing in the Artwork's exhibition areas following the installation of the Artwork. c. Evidence of damage regardless of cause, throughout the term of this Agreement will be reported in writing immediately by the FWMSH to the City. d. In the event that the Artwork is damaged, destroyed, lost, or stolen, the FWMSH shall give the City prompt telephone notice, followed by written confirmation. The report of damage or loss shall provide a description of the extent and circumstances surrounding the damage or loss. e. No alteration, restoration, cleaning, or repair will be undertaken on the Artwork without the written authorization of the City. f. The FWMSH shall reimburse the City for costs associated with insurance deductibles should repairs to the Artwork be necessary as a result of negligence by the FWMSH, vandalism and/or injury by any invitee of the FWMSH , and/or neglect to the Sites while the Artwork is in the possession of the FWMSH. g. The City shall be responsible for costs associated with insurance deductibles should repairs to the Artwork be necessary as a result of acts of God. 2.5 Reproduction and Credit. a. The FWMSH shall have the right to photograph or otherwise reproduce the Artwork in any medium for purposes of catalogue publication, record, education, or publicity under the same rules and regulations as those now or hereinafter pertaining to objects in the FWMSH's own collections. b. Unless otherwise stated in writing, all reproductions by the FWMSH shall contain a copyright notice substantially in the following form: Courtesy of the City of Fort Worth, Buildings For Pleasure Grounds Parks & Playgrounds / Fort Worth, Texas, c.1935, Wyatt C. Hedrick & Elmer G. Withers Architectural Company Inc Associated Architects. c. All inquiries by the FWMSH regarding the Artwork should be referred to the Contract Manager. ARTICLE 3 TERM & TERMINATION 3.1 Term. This Agreement shall have an initial term beginning upon the execution of this Agreement and ending five (5) years from the date of execution. Upon the expiration of the initial term, this Agreement shall automatically renew from year-to-year on an annual basis for a teen of one (1) year, until terminated as provided herein or unless otherwise agreed by the Parties. The FWMSH and the City enter into this Agreement with the understanding that the Artwork will remain at either of the Sites until the Agreement is terminated. 3.2 Termination. a. This Agreement may be terminated by either party upon sixty (60) days written notice to the other party. Such removal shall occur within ninety (90) days of the teuiiination of the Agreement, unless this period is extended in writing by the City. b The City may terminate the Agreement at any time at its sole discretion upon thirty (30) days written notice to the FWMSH should the FWMSH fail to substantially perform the FWMSH's agreed upon responsibilities. Should the City elect to exercise this right of termination, the FWMSH expressly agrees and warrants that the Artwork shall be removed and the Artwork restored to its prior condition. Such removal shall occur within ninety (90) days of the teuiiination of the Agreement, unless this period is extended in writing by the City. ARTICLE 4 REMOVAL OF ARTWORK 4.1 Removal of Artwork a. Should this Agreement be terminated by the FWMSH or the Artwork be removed from the Sites at the FWMSH's request, for whatever reason or cause, the FWMSH shall be responsible for all relocation costs, including, but not limited to, any and all costs associated with deinstallation and transportation. b. The City may remove the Artwork from the Site if, in the sole judgment of the City, the Artwork is being excessively damaged, or if the FWMSH fails or refuses to notify the City of any damage to the Artwork. c. Should the Artwork be removed at the City's request, for whatever reason or cause, the City shall be responsible for all relocation costs, including, deinstallation and transportation. ARTICLE 5 INDEMNIFICATION a. FWMSH COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN 1-iXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND hMPLOYEhS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NO LIMITED TO, 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, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY FWMSH's NEGLIGENCE OR WILFUL MISCONDUCT; AND FWMSH HEREBY ASSUMhS 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, BUT NOT LIMITED TO, 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 DI SCRIBii,D HEREIN, PROVIDED THAT SAID CLAIMS OR SUITS ARE CAUSED BY FWMSH'S NEGLIGENCE OR WILFUL MISCONDUCT. FWMSH LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE, AND/OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNFa,CTION WITH ALL ACTS OR OMISSIONS OF FWMSH, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS. b. FWMSH AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESFiNTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, AND/OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY FWMSH IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. c. FWMSH 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. d. All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 6 INSURANCE FWMSH shall carry general liability insurance and name the City as an additional insured, as respect its interest in the Artwork on loan with FWMSH. FWMSH shall furnish certificates of insurance as evidence of the general liability insurance policy. ARTICLE 7 MISCELLANEOUS 7.1 Entire Agreement. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall be void. 7.2 Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance of this Agreement, venue for said action shall he in Tarrant County, Texas. 7.3 Notices. All notices requests, demands, and other communications that 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: CITY OF FORT WORTH: Fernando Costa, Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-8518 Copies to: and to: 2. FWMSH: Martha Peter, Vice President of Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 (817) 298-3023 Sarah Fullenwider, City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 (817) 392-7600 Charles Walters, V.P. of Programs Fort Worth Museum of Science and History 1600 Gendy Street Fort Worth, TX 76107 (817) 255-9300 7.4 Non -Waiver. The failure of the City or the FWMSH to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's or the FWMSH's right to assert or rely upon any such term or right on any future occasion. 7.5 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 7.6 Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.7 Amendments. The parties expressly reserve the right to modify this Agreement, from time -to -time by mutual agreement. No modification or amendment of the provisions of this Agreement shall be effective unless in writing and signed by authorized representatives of the parties. 7.8 Invalidity of Particular Provisions. Should any teim, provision, condition, or other portion of this Agreement or the application thereof be held to be inoperative, invalid, or unenforceable, the remainder of this Agreement or the application of the term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. 7.9 Governing Law and Venue If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 7.10 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 rules of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 7.11 Survival Provision The provisions contained in Articles 5 shall survive the termination or expiration of this Agreement. 7.12 Authority The undersigned officer(s) and/or agent(s) is properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are no in full force and effect. 7.13 Public Infouuiation Act The FWMSH understands and acknowledges that the City is a public entity under the laws of the State of Texas and, as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. The FWMSH shall clearly indicate to the City what information it deems proprietary, if any. If the City is required to disclose any documents that may reveal any Proprietary Information to third parties under the Texas Government Code, or by any other legal process law, rule, or judicial order by a court of competent jurisdiction, the City will notify the FWMSH prior to disclosure of such documents, and give the FWMSH the opportunity to submit reasons for objections to disclosure. The City agrees to restrict access to the FWMSH information to those persons within its organization who have a need to know for purposes of management of this Agreement. The City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. The City will use its best efforts to secure and protect the FWMSH's information in the same manner and to the same degree it protects its own proprietary information; however, the City does not guarantee that any information deemed proprietary by the FWMSH will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three (3) years after the expiration of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE ] IN WITNESS HEREOF, the parties hereto have executed this Contract on the Effective Date. CITY OF FORT WORTH: by: Fernando Costa Assistant City Manager Approved as to Form and Legality: Tyler Wallach Assistant City Attorney ATTEST: Marty Hendrix City Secretary Contract Authorization: M&C # C- L tl %Co i Date: 3 —g — t FORT WORTH MUSEUM OF SCIENCE AND HISTORY, a Texas Nonprofit Corporation CD\aek___Di8r by: Charles Walter Vice President of Programs 9btoo4, °o� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Artist: Title: Date: Medium: Owner: Dimension: Fxbibit "A" Wyatt C. Hedrick and Elmer G. Withers Architecture Company Inc. Buildings for Pleasure Grounds, Parks and Playgrounds circa 1935 Graphite, gouache, watercolor, silver metallic paint City of Fort Worth 30.5" x 85" Exhibit "B" Guidelines for the Exhibition and Storage of the Hedrick's/Withers Architectural Drawing In 2001, the City of Fort Worth established Fort Worth Public Art through City Ordinance #14794 and established a nine member, mayor appointed Art Commission (FWAC) to oversee its administration and to act as an advisory board to the City Council. The City of Fort Worth Public Art program has four established objectives: To create an enhanced visual environment for Fort Worth residents To commemorate the city's rich cultural and ethnic diversity .,. To integrate the 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 The Arts Council of Fort Worth & Tarrant County, administers the Fort Worth Public Art (FWPA) program including management of the FWPA collection. In 2007, the Fort Worth Art Commission accessioned the architectural proposal for the Will Roger's Memorial Complex — a rendering created by Fort Worth architects Wyatt C. Hedrick and Elmer G. Withers and entitled Buildings for Pleasure Grounds, Parks and Playgrounds — into the Fort Worth Public Art Collection. A conservation treatment in 2009 including archival framing was completed for the purposes of protecting this unique cultural artifact for historic reference and public exhibition. This policy provides guidelines and procedures to accommodate exhibition and storage for this artwork and its facsimile(s): Title: Author: Buildings for Pleasure Grounds, Parks and Playgrounds (circa 1935) Wyatt C. Hedrick & Elmer G. Withers Architectural Company Inc. Description: An architectural rendering of the proposed buildings in the Will Rogers complex including the coliseum, memorial tower, auditorium, casino, and automobile exhibition building. Housing: Rendered on cream colored western wove paper, the base color of the paper used as the color for the buildings, drawn details and text are executed in graphite with text and highlighted areas in water -based gouache, acrylic medium, watercolor, ink and silver metallic paint. The drawing is mounted overall to archival 8-ply rag may board and framed with archival quality materials and Plexiglas glazing Plan Measures: 30 'h" x 85", is framed using acid free rag board as a backing board solidly affixed to the verso of the plan using starch adhesives. Archival methods used to install item into frame with the exception of the Plexiglas which has standard UV protective glazing. EXHIBITION PLACEMENT FOR ORIGINAL. Recommended exhibition sites shall be compatible with the sensitive nature of the artwork. Natural light from windows or skylights should be excluded and all UV light should be eliminated from the exhibition space. • The Fort Worth History exhibition galleries are the most subject and environmentally sympathetic site for display of the artwork Exhibit "B" • The FWSHM shall exhibit and program the artwork meeting the exhibition restrictions detailed in the attached long term loan agreement • The FWSHM shall provide dates, terms and all exhibition details in advance of in-house exhibition and publication to the FWPA Collection Manager • The FWSHM shall provide credit lines during exhibition and in all promotional materials to read as: Buildings for Pleasure Grounds, Parks and Playgrounds l Wyatt C. Hedrick and Ebner G. Withers Architecture Company Inc. Associated Architects (circa 1935) / courtesy of the City of Fort Worth /Fort Worth Public Art • The FWSHM shall notify handling of Artwork to FWPA Collection Manager in advance of movement and agrees to provide proper transportation to and from off -site storage at no expense to the City ■ FWSHM shall not negotiate off -site loans of the Artwork or its facsimle Exhibition Records: ■ The FWSHM's Registrar or Collection Manager's office shall maintain and monitor exhibition records tracking hours of exposure during exhibition for the original work of art, as well as time in storage ■ The Registrar will make available a copy of exhibition records to the FWPA Collection Manager Prescribed Temperature and Relative Humidity (Display & Storage): ■ Temperatures should be maintained at 72°F +/- 4° during summer months (typically late May) and 70°F +/-4° in colder months (typically late October) ■ Relative humidity during all times of the year should achieve 50%+/-5% Prescribed Exhibition Lighting: Due to light sensitivity, it is best to display the original artwork judiciously with periods of storage in darkness. As noted above, a record tracking time on exhibition and storage must be kept and recorded by the registrar's office. In addition: • Ultra violet should be eliminated entirely or substantially mitigated, not to exceed 10 microwatts/lumen • Lighting should be kept at 3-4fc (foot candles), not to exceed 10microwatts/lumen for a duration of 300 hours, or 35 days per year followed by one year of storage. [Museums often exhibit for four months followed by four years of storage. Exhibition duration should not exceed four months at a time.] Light levels may be controlled from the cans/spots from above using filters to eliminate UV light. Prescribed Rest ■ A calculation based on recommended lighting in relation to exhibition display will dictate length of rest Exhibit "B" • A custom exhibition crate accompanies the loan and is fitted to store both the original and the facsimile (either individually or together) during times when the artwork is not on display EXHIBITION PLACEMENT FOR FACSIMILE: A scale archivally framed facsimile to be displayed in place of the original during periods of rest accompanies the loan. Although it is best to eliminate natural light from display at eas, tolerance in displaying the facsimile could be more flexible. Secondary locations could be alternates for the facsimile only. ■ As with the original, the Fort Worth History exhibition galleries are the most subject and environmentally sympathetic site for display of the facsimile in the museum. The facsimile could be displayed in place of the original artwork while the original is in rest The 1st floor landing is suitable for display of the framed facsimile. However, because of exposure to excess light and fluctuating temperature and relative humidity the lst floor landing is not be an appropriate site for the original ■ Other sites may be appropriate but should be vetted before exhibition with the FWPA Collection Manager • Exposure to elevated UV light and natural light will cause the dyes in the digitally printed facsimile to fade much faster than if they had not been exposed to UV • The FWSHM shall provide credit lines during exhibition and in all promotional materials to read as: Buildings fo, Pleasure Gi ounds, Parks and Playgrounds l Wyatt C. Hedrick and Elmer G. Withers Architecture Conwanv Inc. Associated Architects (circa 1935) / Digital Reproduction/courtesy of the City of Fort Worth /Fort Worth Public Art STORAGE: ■ The provided exhibition storage crate accommodates either the framed original or the framed facsimile or both concurrently Storage temperatures should be maintained at 72°F +/- 4° during summer months (typically late May) and 70°F +/-4° in colder months (typically late October) ■ Relative humidity during all times of the year should achieve 50%+/-5% • The crate should be stored at least 6" off the ground on a palette or equivalent to protect against exposure to water/leaks ■ The crate should be kept closed to protect the contents from light, dust, or water leaks The crate should be marked to indicate its current contents as the original or facsimile is removed or returned. Markings should also include ownership information, easily seen from both sides of the crate When waiting to install in the exhibition space or into its crate in storage, the framed original should not be left directly on the floor, rather it should be placed on padded blocks or an art cart When de -installed the object should not wait more than 24hours to be secured in its storage crate Following these guidelines will help guard against accidental damage, and unintended light e Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/8/2011 DATE: Tuesday, March 08, 2011 LOG NAME: 20HEDRICK DRAWING LOAN AGREEMENT SUBJECT: REFERENCE NO.: **C-24769 Authorize Execution of a Long Term Loan Agreement Between the City of Fort Worth and the Fort Worth Museum of Science and History to Appropriately Store and Periodically Exhibit the Original 1935 Architectural Rendering of the Will Rogers Memorial Complex at No Cost to the City RECOMMENDATION. It is recommended that the City Council authorize the City Manager to enter into a long-term loan Agreement between the City of Fort Worth and Fort Worth Museum of Science and History to appropriately store and periodically exhibit the original 1935 architectural rendering of the Will Rogers Memorial Complex at no cost to the City. DISCUSSION: This agreement enables the City to partner with the Fort Worth Museum of Science and History (the FWMSH) to provide stewardship of the original 1935 architectural rendering of the Will Rogers Memorial Complex (the WRMC) by Wyatt Hedrick and Elmer Withers Architecture Company, Inc. The FWMSH meets the special environmental conditions required to preserve this fragile, mixed -media drawing. In addition it offers an excellent location to periodically exhibit the drawing in close proximity to the WRMC. There will be no cost to the City for exhibition or storage and no usage fee charged to FWMSH. The City shall maintain full and exclusive title, ownership, and control of the drawing and all reproductions throughout the term of this Agreement. As a work included in the Fort Worth Public Art (FWPA ) Collection, its condition will be annually assessed through the FWPA Collection Management program administered by the Arts Council of Fort Worth and Tarrant County. BACKGROUND: On November 12, 2007, the Fort Worth Art Commission accessioned the drawing into the Fort Worth Public Art Collection. The rendering, designed by Wyatt Hedrick and Elmer Withers and titled, Buildings for Pleasure Grounds Parks and Playgrounds/Fort Worth, Texas (circa 936), depicts the proposed Will Rogers Memorial Complex. Following a professional condition assessment, a value appraisal, and a process recommended by the City's purchasing department a certified conservator was selected and a comprehensive conservation treatment was undertaken. Upon completion, the drawing was framed and temporarily exhibited at City Hall in the Spring of 2010. As a result of a process that sought input from certified art conservators, stakeholders and advisors, a stewardship plan that outlines best standards of care and exhibition for the drawing was recommended. On October 11, 2010, the plan was approved by the Fort Worth Art Commission. The Exhibition and Storage Policy is an attached exhibit to the Long -Term Loan Agreement with the FWMSH. http://apps.cfwnet.org/ecouncil/printmc.asp?id=14862&print=true&DocType=Print 3/15/2011 Page 2 of 2 While the Stewardship Plan details the limitations of exhibition and special needs for storage, the agreement outlines the roles of each party and allows the city to exhibit and preserve a unique cultural artifact and rare example of Fort Worth history and the FWMSH the opportunity to augment educational exhibitions illustrating the City's early architectural history and development of the WRMC and the Fort Worth Cultural District FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS No attachments found. Fernando Costa (6122) William Verkest (7801) Martha Peters (298-3025) http://apps.cfwnet.org/ecouncil/printmc.asp?id=14862&print=true&DocType=Print 3/15/2011