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HomeMy WebLinkAboutContract 43743CITY SECRETARY 231 CONTRACT NO. ARTWORK TRANSIT, STORAGE, DELIVERY, AND INSTALLATION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND UNIFIED FINE ARTS SERVICES, LLC. This Agreement is entered into this \ tday of fl , 2012, by and between the City of Fort Worth, a home -rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Unified Fine Arts Services, L.L.C., of 14105 Inwood Road, Dallas, Texas 75244-3918. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, the City intends to acquire a sculpture by artist Yvonne Domenge titled Tabachin Ribbon for inclusion into the Fort Worth Public Art Collection; WHEREAS, the Artwork is currently on exhibition at Millennium Park in Chicago, Illinois, and the City requires assistance to transport the Artwork from Chicago to the Contractor's Storage Site in Dallas, Texas, to store the Artwork at the Storage Site, as needed, and to deliver and install the Artwork at the Public Safety Plaza located in downtown Fort Worth; WHEREAS, the Contractor will be on -site for the duration of the deinstallation of the Artwork and accept the Artwork for transit; WHEREAS, Millennium Park will deinstall, wrap, and load the Artwork onto the Contractor's vehicle for transit; WHEREAS, on August 17, 2012, the City issued a Request for Quotes ("RFQ"), and selected the Contractor based on such factors as ability, experience, reputation, cost estimate, and its proposal for services; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC ; r .1 2-1 2 P 0 2 : 9 I N 1 of 30 WHEREAS, the Fort Worth Art Commission ("FWAC") endorsed the proposed Installation Site for the Artwork at a regularly -scheduled meeting on July 9, 2012; WHEREAS, the City's Historic and Cultural Landmarks Commission issued a Certificate of Appropriateness on August 17, 2012, approving the location of the Artwork at the Installation Site; WHEREAS, the FWAC has recommended funds from the Specially Funded Capital Projects Fund, which are included in the proposed Fiscal Year 2013 Public Art Annual Work Plan endorsed by the Fort Worth Art Commission on September 10, 2012; and WHEREAS, City and Contractor wish to set out the terms and conditions under which said transportation, storage, delivery, and installation shall be completed to promote the integrity of the Artwork. NOW, THEREFORE, City and Contractor for and in consideration of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: 1.1. Agreement — Means and includes this Agreement between the City of Fort Worth and Unified Fine Arts Services, L L C , for Transit, Storage, Delivery, and Installation of Artwork. 1.2 Artist — Means and includes Yvonne Domenge and anyone acting on her behalf. 1.3 Artwork — Means the artwork by Artist titled Tabachin Ribbon, a 13' diameter painted carbon steel sculpture, more particularly described on Exhibit "A," attached hereto and incorporated herein by reference for all purposes. 1.4. City — Means and includes the City of Fort Worth, Texas and its officers, representatives, agents, servants, and employees. 1.5. Contractor — Means and includes Unified Fine Arts Services, LLC, and/or its partners, members, managing members, officers, managers, proprietors, directors, employees, representatives, agents, subsidiary organizations, parent organizations, successor entities, assigns, predecessors, stockholders, administrators, subcontractors, contractors, and related companies. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 2 of 30 1.6. Contract Manager — Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations, assigns, predecessors, stockholders, administrators, and related companies. 1.7. Contractor's Proposal — Means and included the Contractor's submitted response to the City's RFQ detailing an itemized proposal of all expenses (Estimate number 2188 dated August 22, 2012), including labor, materials and supplies necessary to fulfill the scope of work, attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. 1.8. 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. 1.9. Installation Plan — Means and includes documents detailing methods to be used to install the Artwork, including any necessary alterations to the Artwork and the Installation Site, and any other documents required by City for proper installation of the Artwork at the Installation Site, including, but not limited to, the timeline for installation. 1.10. Installation Site — Means and includes the Fort Worth Public Safety Plaza located at 1000 Throckmorton Street in Fort Worth, Texas, which is more particularly described on Exhibit "C," attached hereto and incorporated herein by reference for all purposes. 1.11. Parties — Means and includes City and Contractor. 1.12. Pick-up Site — Means and includes Millennium Park located at 201 East Randolph Street, Chicago, Illinois 60601, which is more particularly described on Exhibit "D," attached hereto and incorporated herein by reference for all purposes. 1.13. Project — Means and includes the art project or undertaking of City for which Contractor's services are to be provided pursuant to this Agreement. 1.14. Storage Site — Means and includes the Contractor's storage facility located at 14105 Inwood Road, Dallas, Texas 75244-3918. ARTICLE 2 SCOPE OF SERVICES/WORK Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 3 of 30 2.1 Generally a. Contractor shall perform all services in accordance with the terms of this Agreement, including those set forth below in this Article 2 and the Contractor's Proposal, and provide all supplies, labor, materials, equipment, equipment rentals, services, and other items required to complete the services provided for herein, including, but not limited to, transportation, storage, delivery, and installation of the Artwork as detailed in this Agreement, including any exhibits. b. Contractor shall take all necessary and prudent steps and precautions to protect and preserve the Artwork during the term of this Agreement. c. City and/or Contract Manager shall, at all times during the term of this Agreement, have the right to inspect the Artwork. 2 2 Transportation of the Artwork from the Pick-up Site to the Storage Site a. To ensure the safe and efficient transportation of the Artwork, Contractor shall be available to coordinate the preparation of the Artwork for transit with representative(s) designated by Millennium Park and/or Contract Manager prior to transporting the Artwork. b. Contractor will submit a transit and storage plan to City within ten (10) calendar days after the Effective Date, detailing equipment and transportation methods, transit route, security, off- loading, storage and anything else required by the Contract Manager. c. City shall facilitate a condition assessment of the Artwork before the Artwork is deinstalled Contractor agrees to review and accept the City's condition report. Should Contractor find exception with the condition report, Contractor will qualify those exceptions on the condition report prior to transit. The condition report will then be attached hereto as an addenda to this agreement and incorporated herein for all purposes. d. Contractor will take delivery of the Artwork for transit on a date and time determined by Millennium Park staff based on their deinstallation schedule of the Artwork. e. To the maximum extent allowed by law, Contractor will provide exclusive, non-stop transit with two alternating drivers in order to arrive at the Storage Site without delay. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 4 of 30 f. Contractor shall take all necessary precautions to protect and preserve the Artwork while in transit. g. Contractor shall not deviate from the transit plan without approval, in writing, from the Contract Manager. 2.3. Storage of the Artwork a. Contractor shall deliver the Artwork to the Storage Site consistent with the Contractor's transit and storage plan and store it on Contractor's property at the rate provided for in the Contractor's Proposal. b. Contractor shall take all necessary precautions to protect and preserve the Artwork while in storage at the Storage Site. c. Contractor shall not remove the Artwork from the Storage Site without first obtaining written permission from the Contract Manager. 2.4 Transnortation and Installation at the Installation Site a. Installation Plan. i. Contractor shall coordinate with Artist, City, City's engineering consultant, and Contract Manager to develop the Installation Plan. ii. Contractor, upon request of Contract Manager, shall attend meetings with appropriate City staff for purposes of risk assessment, safety review, siting of the Artwork, and street closures and permitting. iii. The City may require Contractor to make such revisions to the Installation Plan as are necessary to comply with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Installation Site for reasons of safety and security or as the City deems necessary in its sole discretion. iv. Contractor shall provide a final, written Installation Plan to the Contract Manager within two weeks after the Contract Manager or City requests such in writing After written approval of the Installation Plan, Contractor shall deliver and install the Artwork in Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 5 of 30 accordance with such Installation Plan. Changes may be accomplished by written agreement between the parties. b. Contractor shall be responsible for installing all elements of the Artwork at the Installation Site and shall coordinate the delivery and installation of the Artwork with the City and Contract Manager to ensure proper installation in accordance with the Installation Plan. Delivery and installation activities may not commence until written permission is delivered to Contractor by City. c. Contractor is responsible for obtaining and paying for all necessary permits. d. Contractor, individually and through its subcontractors, shall take all necessary precautions to protect and preserve the integrity and finish of the Installation Site while delivering and installing the Artwork. If City determines, in its sole discretion, that Contractor or Contractor's subcontractors have damaged the Installation Site, then City shall inform Contractor, in writing, of the damage. Contractor, at his own expense, shall have thirty (30) days from receipt of City's written notice to repair the damage to the Installation Site to the satisfaction of City. If Contractor fails to repair the damages to the satisfaction of City within thirty (30) days after receipt of the notice, or within the deadline otherwise agreed to by the Parties, then City shall have the right to deduct the cost of repairs from any remaining payment due to Contractor under this Agreement, which shall be in addition to any and all other rights and remedies available to City at law or in equity. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE FOR SERVICES PROVIDED TO CITY 3.1. Compensation and Payment Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 6 of 30 a. Total compensation to Contractor under this Agreement shall be in an amount not to exceed THIRTY THOUSAND DOLLARS AND NO CENTS ($30,000.00), which shall constitute full compensation for all services to be performed and materials to be furnished by Contractor under this Agreement, including, but not limited to, all costs associated with transit, storage, delivery, installation, insurance, incidental costs, and any other costs associated with this Agreement. b. Payment from the City to the Contractor shall be made on an invoice basis following receipt of a signed invoice with adequate deliverables provided at submission of invoice, all in a form acceptable to the City. Contractor may submit invoices following completion of transportation of the Artwork from Pick-up Site to the Storage Site (Article 2 2), monthly storage fees (see Article 2.3) and delivery and installation (Article 2.4). Any disputes as to the invoiced amount shall be resolved in accordance with the dispute resolution process in Article 6. c. City will pay Contractor within thirty-five (35) days after submission of an undisputed invoice and receipt by City of such documentation it may require concerning payment of supplies and services rendered to Contractor. d. All payments by the City shall represent full and final, non-refundable payment for the services and material provided prior to the due date thereof. e. Contractor shall inform City, in writing, of its final invoice and, upon payment per this Article, the Agreement shall expire on its own terms per Article 4.1. Payment of the final invoice by the City shall be deemed as "Final Acceptance" of the Artwork. 3.2. Sales Taxes. City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due upon the Project. City shall supply Contractor with the "Texas Certificate of Exemption," attached hereto and made apart hereof for all purposes as Exhibit "E" for use by Contractor in the fulfillment of this Agreement. 3.3. Contractor's Expenses. Contractor shall be responsible for payment 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 City Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 7 of 30 and/or Contract Manager, cost of all travel, and costs for Contractor's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 TERM AND TERMINATION 4.1. Term. This Agreement shall be in effect from the Effective Date, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until final payment to Contractor 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 Contractor or any agent or representative to any City 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 In the event this Agreement is canceled by City, pursuant to this Article 4 2, City shall be entitled, in addition to any other rights and remedies, to recover from Contractor a sum equal in amount to the cost incurred by Contractor in providing such gratuities. 4.3. Incapacity of Contractor. In the event that Contractor becomes incapable, legally or otherwise, of performing its duties and/or obligations under this Agreement, City shall have the right to take full physical possession of the Artwork upon request and terminate this Agreement on payment to Contractor or Contractor's successors for all work and services performed prior to incapacity. 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) days before termination, specifying the grounds for termination. b. If the termination is for the convenience of City, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. City Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 8 of 30 shall have the right to full physical possession of the Artwork upon request, and Contractor shall allow full access to the Artwork for purposes of removal pursuant to this Article 4.4. c. If termination is for the convenience of Contractor, Contractor shall remit to City a sum equal to all payments (if any) made to Contractor pursuant to this Agreement prior to termination. City shall have the right to full physical possession of the Artwork upon request, and Contractor shall allow full access to the Artwork for purposes of removal pursuant to this Article 4.4. The Contractor shall be liable to the City for all costs incurred by the City to remove the Artwork. 4.5. 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 4.5 in accordance with the dispute resolution process set forth in Article 6 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 Article 4.5 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. In no event shall Contractor retain physical possession of the Artwork. City shall have the right to full physical possession of the Artwork upon request, and Contractor shall allow full access to the Artwork for purposes of removal pursuant to this Article 4.5. 4.6 City Authorization to Accent the Artwork This Agreement is contingent upon the Fort Worth City Council's authorization to accept a donation from the Artist of the Artwork. If the Fort Worth City Council fails to authorize such acceptance, then the City may terminate this Agreement without penalty. ARTICLE 5 INSURANCE, LIABILITY, INDEMNITY, AND RELEASE 5.1. Insurance. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 9 of 30 Contractor shall carry insurance as set forth in Exhibit "F," which is attached hereto and incorporated herein for all purposes. Evidence of required insurance shall be submitted to the Contract Manager prior to the Artwork being loaded onto the Contractor's vehicle for transportation of the Artwork from the Pick-up Site to the Storage Site. Evidence of subsequent renewals of said insurance is required until City has issued Contractor a notice of Final Acceptance after installation and completion of the Project. 5.2 Risk of Loss. The risk of loss or damage to the Artwork shall be borne by the Contractor during the time that the Artwork is in the care, custody, and control of Contractor, which includes, without limitation, any time during which Contractor will be transporting, storing, delivering, and installing the Artwork up until the time the City accepts installation of the Artwork at the Installation Site. The Contractor shall take such measure as are necessary to protect the Artwork from loss or damage until Final Acceptance, including, but not limited to, the purchase of insurance required in this article. The risk shall transfer to the City and shall no longer be the responsibility of Contractor upon Final Acceptance. 5.3. Performance Bonds. Contractor shall not be required by City to post any performance bonds or similar undertakings. 5.4. Liability, Indemnity and Release. a. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, SUBCONTRACTORS, OR EMPLOYEES. b. CONTRACTOR 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 Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 10 of 30 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 ANY ACTS, ERRORS, OR OMMISSIONS OF CONTRACTOR AND/OR CONTRACTOR'S SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. c. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST THE CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, CONTRACTOR, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT CONTRACTOR'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. d IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS ARTICLE, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. e. Contractor agrees to and shall release City of and from any and all claims, demands, debts, liens, costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising out of, related to, Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 11 of 30 or resulting from this Agreement and/or Contractor's performance under this Agreement, including, but not limited to, any and all claims for property damage, property loss, and/or injury, including, but not limited, to death. f. Contractor 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. g. All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreem ent. ARTICLE 6 DISPUTE RESOLUTION If either Contractor 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. 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 days following the date of request, except upon Agreement of the Parties. In the event City and Contractor 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, Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 12 of 30 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. ARTICLE 7 CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Contractor, his/her officers, agents, employees and subcontractors, and doctrine of respondeat superior has no application as between City and Contractor. ARTICLE 8 SUBCONTRACTING Contractor may subcontract portions of the services to be provided hereunder at Contractor's expense, with the City's written approval Any subcontract entered into under this Agreement shall be expressly subject to the applicable terms of this Agreement, including, but not limited to, all indemnification and release provisions. Contractor shall provide information regarding all subcontractors, including its fabricator, along with a copy of the subcontract between Contractor and each subcontractor to the Contract Manager. ARTICLE 9 MISCELLANEOUS 9.1. Compliance. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 13 of 30 Contractor shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the performance of Contractor's services under this Agreement. 9 2 Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9.3. Amendments. No alteration, change, modification or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 9.4. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 9.5. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 9.6. Successors and Assigns. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Contractor and its respective successors and permitted assigns. 9.7. No Third -Party Beneficiaries. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 14 of 30 The provisions and conditions of this Agreement are solely for the benefit of City and Contractor, and any lawful successor or assign, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 9.8 Severabilitv. 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. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 9.10. 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 City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of (i) thirty (30) days following delivery by City to Contractor of written notice of City's intention to terminate or (ii) the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 9.11. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 9.12. Contractor's Address. Contractor shall notify the Contract Manager of changes in address. 913. Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Contractor. 9.14. Right to Audit. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 15 of 30 Contractor agrees that City will have the right to audit the financial and business records of Contractor that relate to the Conceptual Design (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, Contractor shall make all Records available to City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein, this Article 16.14 shall survive expiration or earlier termination of this Agreement. 9.15 Survival Provision The provisions contained in Articles 5, 7, and 12 shall survive the termination or expiration of this Agreement. 9.16 Public Information Act Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City are subject to disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Contractor's 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, City will notify Contractor prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Contractor's information to those persons within its organization who have a need to know for purposes of management of this Agreement. 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. City will use its best efforts to secure and protect Contractor's information in the same manner and to the same degree it protects its own proprietary information; however, City does not guarantee that any information deemed proprietary by Contractor 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. 9.17 Counterparts and Electronic Signatures Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 16 of 30 This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 9.18 Time Extensions The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. 9.19 Force Mai cure City or Contractor, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in writing within ten (10) business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of such conditions. 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: 1. CITY OF FORT WORTH: Fernando Costa, Assistant City Manager City Manager s Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Copies to: Sarah Fullenwider, City Attorney Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth, Texas 76102 Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 17 of 30 Martha Peters, Vice President, Public Art Arts Council of Fort Worth & Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 2. Contractor: Victor Bissonette, Principle Unified Fine Arts Services, LLC. 14105 Inwood Road Dallas, Texas 75244-3918 ARTICLE 11 EQUAL OPPORTUNITY a. Contractor shall not discriminate against any employee or applicant for employment because of age, disability, race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. Contractor 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, familial status, transgender, gender identity, or gender expression. 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, but not limited to, apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applications for employment, notices to be provided by City setting forth the provision of this nondiscrimination clause. b. Contractor shall, in all solicitation or advertisements for employment placed on or on behalf of Contractor, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, national origin, familial status, transgender, gender identity, or gender expression. c. Contractor 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 Contractor's noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled, terminated, or suspended in whole or in part, and Contractor may be debarred from further agreements with the City of Fort Worth. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 18 of 30 ARTICLE 12 PROFESSIONAL STANDARDS & WARRANTIES a. Contractor represents and warrants that it and its subcontractors, if any, shall faithfully perform under this Agreement in accordance with the standards of care, skill, training, diligence, and judgment provided by highly competent professional who perform services of a similar nature. Contractor represents and warrants to the City that the materials and equipment furnished under this Agreement shall be new, of good quality, in good working order, and perform as intended; and that all services will be performed in conformance with this Agreement and professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration). Contractor also represents and warrants that the services and materials used are not currently known to be harmful to public health and safety. Work not conforming to these requirements may be considered defective. b. Contractor agrees to cure any breach satisfactorily and consistent with industry standards, provided Contractor is given notice and an opportunity to repair or replace. Contractor shall commence any work in accordance with this warranty within fourteen (14) calendar days from receipt of written notice from the City and complete such work within thirty (30) business days thereafter at no expense to the City. If the City observes any breach of warranty as described herein that is not curable by the Contractor, then the Contractor is responsible for reimbursing the City for damages, expenses, and losses incurred by the City as a result of such breach. The representations and warranties in this section shall survive the termination or other extinction of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 19 of 30 IN WITNESS HEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH by: Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Tyler F. Wallach Assistant City Attorney ATTESTED BY: P�fa y J. Kayser City Secretary Contract Authorization: M&C # No M&C Reuuired pr u 0as: li lobo 0 rap • UNIFIED FINE ARTS SERVICES, LLC by: (/211 Victor Bissonette Principle ascs.„06.-,Q1.-curtttt Oo4' �400 oop� �C oa o 0 a�0 Z.;0 % On 464 000000 ‘(44 yytiteiltlitOmetle • Contract Authorization r Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC FFICI kz° L RECORD CITY SECRETARY FtIN Mil,TN 20 of 30 Exhibit A: The Artwork Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 21 of 30 Exhibit B: Contractor's Proposal Unified Fine Arts, LLC 14105 Inwood Road Dallas, TX 75244-3918 (2I4)678-9101 kitn.muni fiedfinearts.cotn http://www.unifiedfinearts.com Address Dort Worth Public Arts Council Jennifer Conn 1300 Gently St. Fort worth,'1X 76107 USA Date Activity 08/22/2012 Labor - oversee/assist with loading dcinstalled and packed sculpture pieces onto a flatbed truck at Millennium Park in Chicago 11.. The artwork will be deinstalled and foam and bubbled wrapped by a Millennium Park contractor and crane Iifled to the flatbed truck. Crane rental provided by contractor. 'fabacl» n "Ribbon" - 13' diameter painted carbon steel Sculpture is comprised of (4) independent sections bolted together to limn a 13' sphere. Three of the sections measure 2'7" x 4' x 9' I O" and one measures 9' x 9' x 3'. A steel base plate is welded to the base unit and measures 5'10" diameter. The Joined artwork weighs approximately 6-8.000 lbs. 2 tine art handlers (it. 8 hours 08/22/2012 'Flatbed transit from Chicago IL to Unified Fiue Arts in Dallas TX. 08/22/2012 'Round trip flight fbr (2) fine art handlers 08/22/2012','1'rtvel labor - 2 fine art handlers ri' 6 hours. to and from Chicago 08/22/2012: Hotel accommodations for (2) line art handlers ri. 2 nights 08/22/2012 Per Diem thr (2) fine art handlers !it? 2 days 08/22/2012 :Car rental for (2) days 08/22/2012 Miscellaneous incidentals/materials/hardware 0802/2012,Receivc sculpture components into unified Fine Arts storage. 4 fine art handlers ;4? 2 hours Continue to the next page. uantity 8 1 1 1 1 1 1 1 2 UNIFIED FINE ARTS Date 08/22/2012 Rate 140.00 4,550.00 1,200.00 1,680,00 520.00 280,00 195.00 650.00' 280.00 Estimate Estimate # 2188 Exp.,Date Amount 1,120.00 4.550.011 1,200.00 1.680.00 520.00 280.00 195.00 650.00 560.00 Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 22 of 30 I Date s Activity 08111110l n Monthly storage fees NOTE- Monthly storage charges will be based on the actual square footage/footprint of the sculpture. 08/22'2012 Labor - site coordination and preparation with FWPAC staff. - Quantib 1 8 1 fine art handler @ 8 hours 08/22/2012 Labor - at a later date, load sculpture pieces onto flatbed truck for delivery 3 to Fort Worth. 4 fine art handlers (cil 3 hours 08/22/2012 Flatbed transit from Unified Fine Arts to 1000 Throckmorton, Fort Worth 1 TX. 08/22/2012 Forklift rentals for oftloading/reloading sculpture at Unified Fine Arts (if 1 necessary) If the sculpture pieces are palletized we may be able to use existing equipment (pallet jacks, etc.) to offload and reload the sculpture. 08/22/2012 Labor - offload sculpture pieces from flatbed truck at 1000 Throckmorton. Fort Worth TX. Unwrap and install sculpture. 4 fine art handlers @ 2 days, 8 hours each day 08r'n/101'' Crane rental for 2 days - for offloading and installing sculpture 08/22/2012 Street closures/pemuts/traffic control NOTE: FINAL INVOICE WILL BE BASED ON ACTUAL LABOR WORKED, EQUIPMFN'I' RENTAL COS1, TRAVEL EXPENSES AND MATERIALS USED PAY TERMS ARE NET 15. Estimate valid for 60 days. A finance charge of 2% per month will be charged on invoices not paid within 30 days of invoice date. If alternate pay terms are necessary they must be approved at time of booking. The final invoice will be based on actual time and materials used to complete the project. Please sign and return if you wish to proceed. Accepted By: Accepted Date: 1 1 Rate _- 987.00 70.00 280.00 1,700.00 1,000.00 4,480.00 3,000.00 2,400.00 Page 2 of 2 unit 987.00 987.00 560.00 840.00 1,700.00 1,000.00 4,480.00 3,000.00 2,400.00 SubTotal $25,722.00 Tax (8.25%) $0.00 Total 'S25;122.00 Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 23 of 30 Exhibit C: The Installation Site kr k/ l Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 24of30 £:n:t 4'ra1c: i;!?ritlq n^fnn-> Texas St 0 For( 1'.r ntt i. tern:,:3a1s Trarsportan t'^- 0 :tzd?r Satellif Traffic rtwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 25 of 30 oop Sat Loop ;ts ® —Vd Madsen S4 - Exhibit D Pick-up Site Eon/ en watasfr U -kt a< W IrallE,On Sl E Jet`k onOr co T Q Traffic Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 26 of 30 .,0 B. Av<41' 7_ - Ukrainian Visage ur^Ave W Cer East UEtage- Neighbors Sheffield Neighbors linceiriPark �. -- Sate W Grand Av a Near -- 'Atest Side - Universiy village Goose Island eP Near North 5treelarvi Near.: Eastside - Gnte 9t ;nn PaA - Chicago 0 Deb • Park Neer - Souh Side - 5etdh Loop Armour -. Square t.no Park - Prairie Shores Traffic Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 27 of 30 Exhibit E: Sales Tax Exemption TEXAS f:EREIFICATE OF EXEMPTION 1 claim an exemption from payment of sales and use taxfor the purchase of taxable items described below or on the attached order nr invoice, Description of items for an attached ender or menace) To Be ruitha c 1: 1 claim this exerupt it>ti Ibr the lidlots'tng reason: Namc of Exetup, Organization, CITY OF FORT WORTH, TEXAS SALES AND USE TAX PERMIT NUMBER Prciject for which materials and sttt>plis s are purchu_ced: ERAS 75-6000528-6 1 understand that 1 will be liable fpr payment ot'sales tax. which may become due fur failure tt. comply with the provisions of the state. city, andior metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid list the taxable items purchased or the fait market rental value file the period of time used_ I understand that it is a misdemeanor to Ova an mxcr14p110n certificate to the seller for taxable items which I know. at the time of the purchase, will be used in a manner other than that expensed in this certificate and, upon convi iii n. may be tined up to 5500 per offense. I;LL_]^.?iemit Status Due to Being a Govennnchrtat Entity Purchasers CITY OF FORT WORTH! TEXAS Street Address: 1000 TIIROCKMORTOI STREET City. State. Zip t::'otic: FORT WW'©RTI(, TEXAS 76102 Sign Here: iauc4mcTat '‘en i.41zz Date: June 11 2000 Phone_ 8I 7-.192-S517 ibis certificate does ifot require a number to be valid, Sales and uwe tax "exemption ntnribers" or "tax ern}tt" numbers do not exist. `this certificate should be furnished to t Coitiptroller of Public Accounts. Do rust semi the completed I:: tificute to the Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 28 of 30 Exhibit F: Insurance Requirements PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Contractor shall meet all the following insurance requirements for this Project. If Contractor subcontracts fabrication, transportation, and/or installation of the Work, then Contractor shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. Commercial General Liability (CGL) $1,000,000 Each occurrence $2,000,000 Aggregate limit Coverage shall include, but not be limited to, the following: piemises, operations, independent contractors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis and be as comprehensive as the current Insurance Services Office (ISO) policy. The policy shall name City as an additional insured. Bailee's/Property The inland marine policy shall provide per occurrence coverage at replacement cost value based on the latest appraised value of the Artwork, which is entrusted to the Contractor and is considered to be in the Contractor's care, custody, and control and shall include property "in transit. ' The policy shall name City as a Loss Payee. Automobile Liability $1,000,000 Each accident or $250,000 Bodily Injury per person $500,000 Bodily Injury per occurrence $100,000 Property Damage A commercial business policy shall provide coverage on "Any Auto," defined as autos owned, hired and non - owned. For Contractor and/or Contractor's Subcontractors who have employees: Workers' Compensation Workers Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit Workers' Compensation coverage shall provide limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 —1.01 et seq. Tex. Rev. Civ. Stat.). Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 29 of 30 GENERAL POLICY REQUIREMENTS The certificate of insurance shall include an endorsement naming the City of Fort Worth, its' Officers, Employees and Volunteers as an "Additional Insured" on all liability policies. Exception... the additional insured requirement does not apply to Workers' Compensation or Automobile policies. Contractor is responsible for providing the City a thirty day (30) notice of cancellation or non -renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein. Waiver of rights of recovery (subrogation) in favor of City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required written approval of Risk Management is required. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. "Unless otherwise stated, all required insurance shall be written on an "occurrence basis." The deductible or self -insured retention (SIR) affecting required insurance coverage shall be acceptable to and approved in writing by the Risk Manager of City of Fort Worth in regards to asset value and stockholders' equity In lieu of traditional insurance alternative coverage maintained through insurance pools or risk retention groups must also approved by City's Risk Manager. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to City of Fort Worth. City shall be required to provide prior notice of ninety days. City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. Artwork Transportation, Storage, Delivery, and Installation Agreement Between the City of Fort Worth and Unified Fine Arts Services, LLC 30 of 30 M&C Review Page 1 of 2 COUNCIL AGENDA Official site of the City of Fort Worth, Texas FORT ORTI' COUNCIL ACTION: Approved on 10/9/2012 DATE: 10/9/2012 REFERENCE NO.: COD is SUBJECT: G TYPE: G-17701 NON - CONSENT LOG NAME: PUBLIC HEARING: 2ODONATION OF TABBACHIN RIBBON SCULPTURE NO Authorize Acceptance of an Artwork Donation from Artist Yvonne Domenge of a Sculpture Valued at $150,000.00 for Inclusion into the Fort Worth Public Art Collection and for Placement at the Fort Worth Municipal Plaza, 1000 Throckmorton Street, and Authorize Execution of Necessary and Related Agreements for Transportation, Storage, Installation, and Lighting of the Artwork for a Total Amount Not to Exceed $60,000.00 (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of an artwork donation from Mexican artist Yvonne Domenge of a sculpture valued at $150,000.00 for inclusion into the Fort Worth Public Art Collection and for placement at the Fort Worth Municipal Plaza located at 1000 Throckmorton Street; and 2. Authorize execution of necessary and related Agreements for transportation, storage, installation, and lighting of the artwork for a total amount not to exceed $60,000.00. DISCUSSION: Tabbachin Ribbon (Artwork) is a colorful, 13 feet diameter painted metal sculpture by internationally recognized Mexican artist Yvonne Domenge (Artist). The Artwork is one of six sculptures commissioned for the City of Chicago's Millennium Park 2010 temporary exhibitions program sponsored by Mexico's CONACULTA (The National Council for the Arts and Culture), the Boeing Company, and Millennium Park, Inc. The Artist and sponsors sought to donate the Artwork to a U.S organization with a significant collection of modern and contemporary art. In a November 17, 2011, letter to Jodie Ulich, President of the Arts Council of Fort Worth and Tarrant County, Ed Uhlir, the Executive Director of Millennium Park, reported that the donors wanted suitable permanent locations where the public could enjoy the Artwork in a context that is inspiring and engaging, and to see the sculptures placed in an environment that will benefit from their cultural and historical value. Yvonne Domenge is distinguished as the second artist to have a solo temporary exhibition at Millennium Park. Her work has been included in more than 40 one -person shows and nearly 200 group exhibitions in cities around the world. She was awarded a gold medal at the 2008 Olympic Landscape Sculpture Design Contest in Beijing, China and was selected to represent Mexico for the International Sculpture Biennale in Vancouver, British Columbia, Canada in 2009. On March 7, 2012, a Gifts and Loans Review Panel appointed by the Fort Worth Art Commission voted unanimously to recommend that the Art Commission pursue the donation. Recognizing that the Artwork is of an appropriate scale and context and whose vibrant yellow color complements the historic Fort Worth Public Safety Building, the Fort Worth Art Commission made a formal recommendation on July 9, 2012 to accept the donation of the Artwork for inclusion into the Fort Worth Public Art Collection and for placement at the City's Municipal Plaza located at 1000 Throckmorton Street in close proximity to the Public Safety Building. The Art Commission also recommended that the City expend an amount up to $60,000.00 for transportation, storage, http://apps.efwnet.org/council_packet/me review.asp?ID 1 7504&councildate— 1 0/9/2012 10/1 1/2012 M&C Review Page 2 of 2 installation, and lighting of the Artwork. Presentations were made to the Downtown Urban Committee/DFWI (July 18, 2012), the Downtown Design Review Board (July 23, 2012), and the Historic Cultural and Landmark Commission (August 13, 2012). All bodies supported the City's acquisition of the Artwork and sitting it in Municipal Plaza. Approval of this Mayor and Council Communication will make it possible for the Artwork to be transported to the metroplex and stored until site preparations are completed. The Fort Worth Art Commission recommends the Public Art Fund of the Specially Funded Capital Projects to provide for transit, storage, site preparation, installation, and lighting expenses. The Artist will be invited to participate in the specific sitting of the Artwork, and FWPA staff will present a proposal for the exact placement of the Artwork on the plaza to the Fort Worth Art Commission for approval and will work with a professional engineer to design footings for City approval. Installation at the new site will be scheduled for Fall/Winter 2012. This project is a City-wide project located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available through the City's 2004 CIP Fund and City's Specially Funded Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C291 541200 201889990400 $60, 000. 00 Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Tabbachin RibbonSculpture.doc http://apps.cfwnet.org/councilpacket/mc_review.asp?ID=17504&councildate=10/9/2012 10/1 1/2012