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HomeMy WebLinkAboutContract 43930Date Narne of Donor Address Contact Information Description of Donation F9►brict►nion Appfsise4 Value (if available, please attach tt. FORT WORTH DEED OF GIFT 16 Oviobar, 2012 CIS! SECRETAi2Y CONTRT' me.�-i� 1, 3 Yvonne t omen,. M oyck ► _e_on+resns WO_ JQVflASae. Vs r_etteS, Mess co_ .P_F, '14000 eaSta Nivonneitp_Shrnartle . COM ; c=�1eeC� derne.n5 e. earn Tabaeliin Rr'hhon, 2010. A painted carbon steel sculpture made of five individual pieces bolted together to form a 13' diameter spherical shape, $ 56, O©Q t, copy of independent appraisals) 1, the undersigned Donor. hereby donate, convey, transfer and assign to the City of Fort Worth, for the benefit of the (.'ity of Fort Worth, all rights, title and interest that I possess in the property described above (the "Artwork"), except for any rights of copyright, without condition or restriction. 1 agree and understand that transfer of ownership of the Artwork will occur on the date upon which the Artwork is fully deinstalled from Millennium Park, Chicago, Illinois and properly loaded and secured onto a transportation vehicle operated by the City of Fort Worth or its; contructors, b. I warrant and represent that the Artwork is my sole property, that 1 have legal authority to transfer ownership by this Deed of Gift, and that 1 control all of the copyright interest in the Artwork. I warrant and represent that no customs laws, tax laws, laws of inheritance, or other laws or regulations applicable to the Artwork, its export or import, have been broken. I warrant and represent that there are no claims, judgments, Liens or other encumbrances of any kind whatsoever against the Artwork, any portion of the Artwork, or title to it. It is my purpose and intention to vest any and all the incidents of absolute ownership of the Artwork, except for any rights of copyright, in the City of Fort Worth from the date of this Deed of Gift forward. 13y execution of this Agreement, 1 grant to the City of Fort Worth a perpetual, irrevocable license to graphically depict or display reproductions of the Artwork for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction of the Artwork intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a none -commercial purpose. 1 understand that all reproductions by the City shall contain a credit to me and a copyright notice substantially in the following form: " 0 date, Yvonne Domenge." I understand that the City is not responsible for any third=party infringement of my copyright and not responsible for protecting my intellectual property rights. d. I grant the City the right to determine when and if repairs and restorations to the Artwork will be made, 1 understand that the City will, to the extent practicable, notify me to approve all niajor repairs and restorations, I understand that all repairs and restorations shall be trade in accordance 1 of2 ©FNICIAL RECORD fl1� A V SECRETARV Giro tORTI, TX with recognized conservation standards (in accordance with rig;'. American Tnstitute of Conservation (Ale) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City, Should emergency repairs become necessary to prevent the loss of or further damage to the Artwork or to prevent risks to the public, f understand that such repairs shall be undertaken or Arranged by City without advance notice, and such repairs shall not be deemed to constitute artistic alteration, e. I agree and understand that nothing in this Deed shall affect or limit City's absolute, unrestricted rights incidental to City's fill ownership of the Artwork to remove, move, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason, f. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together willconstitute 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. 1 WILL DEFEND, INDEMNIFY, AND HOLD THE CITY OF FORT WORTH HARMLESS FROM CLAIMS 0f1 ALLEGATIONS ARISING FROM OR RELATING TO CONDUCT THAT WOULD BE A BREACH OF THE WARRANTIES OR REPRESENTATIONS HEREIN. Dopor's Printed Name nor's Signature Witness Signature t, ,�(94AA Accepted by the City of Fort Worth Fernando Costa, Assistant City Manager . The City of Fort Worth gratefully acknowledges receipt of this gift. Gifts to the City of Fort Worth are deductible from taxable income in accordance with the provisions of Federal income tax law (Internal Revenue Service Code, Section 170 (b-1). City of Fort Worth employees are restricted from assessing value or appraising artwork for the purpose of establishing tax deductible value. Evaluation of value is the sole responsibility of the Donor. I ITAV • FORT WORTH PUBLIC ART 2of2 • with recognized conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set:forth by City. Should emergency repairs become necessary to prevent the Toss of or thrther`damage to the Artwork or to prevent risks to the public, I' understand that such repairs §hall be undertaken or, arranged by City without advance notice, and such repairs shall not be deemed to constitute artistic alteration. I agree and understand that nothing in this Deed shall affect or limit City's absolute, unrestricted rights incidental to City's •fa ownership of the Artwork to -remove, move, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's po*ersand responsibility in regard to public works and improvements, in furtherance of City's operations'or for any other reason._ f. 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. I WILL DEFEND, INDE-MNtFY% AND HOLD TIC CITY OF FORT WORTH HARMLESS FROM CLAIMS OR ALLEGATIONS ARISING FROM OR RELATING TO CONDUCT THAT WOULD BE -A BREACH OF THE WARRANTIES OR REPRESENTATIONS HEREIN:: Donor's:Printed Name A ptetiby thn ivity of Fort Worth stant City Manager CbitregSsw...g- .pnor's Signature was Signature L receipt of this gift Gifts to the City of Fort Worth are <leductibie front taxable income in accordance with the ns of Federal income tax law (Internal Revenue Service Code, Section 170 (b-1); City of Fort Worth s;tployeF restricted from assessing value or appraising ..artcvoik.for the purpose of estab)ishing tax deductible value. Evaluation of value is the sole responsibility of the Donor: 2 of2 with recognized conservation standards (in accordance with the American Institute of Conservation (AIC) Code of Ethics and Guidelines for Practice) and/or construction standards, including, but not limited to, any standards set forth by City. Should emergency repairs become necessary to prevent the loss of or further damage to the Artwork or to prevent risks to the public, I understand that such repairs shall be undertaken or arranged by City without advance notice, and such repairs shall not be deemed to constitute artistic alteration. e. I agree and understand that nothing in this Deed shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Artwork to remove, move, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. f. 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. I WILL DEFEND, INDEMNIFY, AND HOLD THE CITY OF FORT WORTH HARMLESS FROM CLAIMS OR ALLEGATIONS ARISING FROM OR RELATING TO CONDUCT THAT WOULD BE A BREACH OF THE WARRANTIES. OR REPRESENTATIONS HEREIN. Donor's Printed Name Accepted by the City of Fort Worth Fernando Costa, Assistant City Manager Donor's Signature Witness Signature (Ce4c9L_ Date The City of Fort Worth gratefully acknowledges receipt of this gift. Gifts to the City of Fort Worth are deductible from taxable income in accordance with the provisions of Federal income tax law (Internal Revenue Service Code, Section 170 (b-1). City of Fort Worth employees are restricted from assessing value or appraising artwork for the purpose of establishing tax deductible value. Evaluation of value is the sole responsibility of the Donor. i FORT WORTH PUBLIC ART ; ) a-LK, ty Secretary e isionf• p OOQ qzi QOop� 0 yOa OA: a 0% 0 APPROVED AS TO N OFFICIAL RECORD CITY SECRETARY • • f► r1 f It 01?. 0AM; PAW w ,. - t+Jltlti "a _b 5G t f fntM% VI f+ "Akin my f • f� we 04 trrr t 1 sir t+tMvd:(aT (y n Mind t i'-ts:9 Cl v tN'n. Ertl trft I OrAl CA I) ILO t nt_*fll %1 , r I%L$TN:MTMU! t•,y}j 4t6in list tie casino N14Y.N tSn'Cwwa a4.t f l VON; 11141 is .05 pn tt iIi.A+rY)t mt. If �J Sil M t•S. CC'." p► 'Mt inflpeMT(4 h. $m3 t4f lt$ rf rime KO ~NW t) Of f 11.4u6606642611 e. ttMt :MGi ant, kT)ant IIo ttitaifs •tZhII'tff I I Jvf Ina 1S0 en. tier Lan rtAntfftfS to •r_.ly.w If r x -- Public Safety Building, Muncipal Plaza, 1000 Throckmorton Street, Fort Worth TX Tabachin Ribbon, 2012, Yvonne Domenge M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 10/9/2012 DATE: 10/9/2012 REFERENCE NO.: CODE: SUBJECT: G TYPE G-17701 NON - CONSENT LOG NAME: PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH 20DONATION 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.cfwnet.org/council_packet/mc review.asp?ID=17504&councildate=10/9/2012 11/27/2012 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 Ribbon Sculpture.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=17504&councildate=10/9/2012 11/27/2012