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HomeMy WebLinkAboutContract 57688 CS 1 RECD juN 14'22 A R:Cig CITY SECRETARY • 5 W r"I'I P wZ NO � Q AGREEMENT BETWEEN THE CITY OF FORT WORTH AND ANITRA BLAYTON FOR PRELIMINARY DESIGN FOR ALLIANCE PARK PUBLIC ART PROJECT This Agreement is entered into this 13 day of June , 2022, 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 Assistant City Manager,and Anitra Blayton,an individual located at 912 Lark Spur Lane,Fort Worth, Texas 76112.The City has designated the Arts Council of Fort Worth and Tarrant County,Inc.,d/b/a Arts Fort Worth,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,City is completing construction of Phase 1 of Alliance Park,located at 3800 Litsey Road, 76262 (Council District 7); WHEREAS,this Project was included in the Public Art Plan for the 2018 Bond Program,adopted by the Fort Worth City Council on November 6,2018 as M&C G-19401.The project is also included in the Public Art Fiscal Year 2022 Annual Work Plan adopted by City Council on November 9,2021 as M&C 21-0830; WHEREAS,the Contract Manager conducted an Artist Selection Process based on qualifications, in accordance with the Project Outline and the guidelines in the Fort Worth Public Art Master Plan Update, adopted by City Council on October 17,2017 (M&C G-19140); and, on March 21, 2022, the Fort Worth Art Commission("FWAC") approved the Selection Panel's recommendation of Artist for the project; WHEREAS, City and Artist wish to set out the terms and conditions under which said Work shall be designed to promote the integrity of Artist's ideas and statements as represented by the Work. NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements hereinafter set forth,the sufficiency of which is hereby acknowledged, agree as follows: ARTICLE 1 DEFINITIONS As used in this Agreement, the following terms shall have the meanings as set forth below: X.l. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist for Preliminary Design of public art for the Site. 1.2. Artist—Means and includes Anitra Blayton.A resume is attached hereto as Exhibit"A." LOY .4L RECORD age t of 28 Agreement between City of Fort Worth And Anitra Blayton for -SECR ETARY Preliminary Design of Alliance Park Public Art ORTHY 1.3. Artwork Design—Means and includes the Preliminary Design of the Work,which is defined in 1.3.a.below. 1.3.a.Preliminary Design—Means all developed preliminary drawings,sketches,prototypes, maquettes, models, narrative descriptions, budget estimates, and the like that are created by Artist in connection with this Agreement and/or any prior agreement between Artist and City for the Work. 1.4. City--Means and includes the City of Fort Worth,Texas. I.S. Contract Manager—Means and includes the Ails Council of Fort Worth and Tarrant County, Inc.,d/b/a/Arts Fort Worth,and its officers,directors, and employees. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement. 1.7. Parties—Means and includes City and Artist. 1.8. Preliminary Design Deliverables—Means and includes those items set forth in Article 2.3 of this Agreement that Artist is required to submit to City for its review and approval prior to proceeding to the Final Design phase of this Agreement. 1.9. Project—Means and includes the capital improvement or public art development undertaking of City for which Artist's services are to be provided pursuant to this Agreement. A Project Outline attached hereto as Exhibit"B"describes the parameters and expectations of the project. 1.10. Project Core Team—Means and includes the group of community members, generally 5-7 people, who are invited by the City Council Member to provide input on the project for its duration, in accordance with the Fort Worth Public Art Master Plan Update,page 23. 1.11. Project Stakeholders -- Means and includes the appropriate City Council Member(s), the Project Core Team,the FWAC's appointed representative, and others as may be appropriate. 1.12. Site—Means the grounds of Alliance Park,located at 3800 Litsey Road(76262), identified in the Project Outline, Further details are attached hereto as Exhibit"C." 1.13. Work—Means and includes the finished object(s)of art and design that are the subject of this Agreement,or any intermediary stage of completion of such work. ARTICLE 2 SCOPE OF SERVICES AND DELIVERABLES 2.1. Scope of Services. a. Artist shall perform all services and will furnish all supplies, materials, and equipment as necessary for developing a Preliminary Design of the Work and for providing the Preliminary Design Deliverables. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. Page 2 of 28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art b. Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work, subject to review and input from Project Stakeholders and approval by City as set forth in this Agreement. City may request changes to the Artwork Design from time to time under this Agreement, and Artist will accommodate City's requests. G. Prior to commencing the Preliminary Design, Artist shall meet with and seek input from Project Stakeholders. d. The location at the Site where the Work shall be installed shall be mutually agreed upon by City and Artist. C. Artist, upon request of Contract Manager, shall provide information and/or attend meetings with appropriate City staff for purposes of risk assessment, safety review, sighting of the Work, and permitting. f. Artist shall explore concepts for the Work,within the implementation budget set forth in Article 2.3. g. Artist shall meet and coordinate with Contract Manager, City staff, and others, as necessary, to integrate the Work into the Site in terms of structural support or other infrastructure needs to support the Work. h. Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders, the appropriate City staff, and the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Preliminary Design shall subsequently be shared with City boards or commissions,as appropriate. i. Artist shall attend meetings and presentations as indicated above in-person unless the meeting is held using a teleconferencing platform. j. Artist shall allow video recording and photography of their participation during activities related to this Project such as presentations and meetings, k. In order to maintain the integrity of the City of Foil Worth's public art process,for the duration of the Agreement, if Artist intends to seek his/her own publicity for the Work, including publication of the artwork design on Artist's website or social media, such efforts will occur after Preliminary Design has been approved by the FWAC. Any potential publicity being sought for the Work, including press/media release(s), must be approved, in advance, by Contract Manager, and shall credit the City of Fort Worth substantially in the following form, "an original artwork commissioned by and in the public art collection of the City of Font Worth, Texas." A-social media plan must be approved, in advance,by Contract Manager,and shall include the hashtag#fwpublicart. 2.2. City Assistance. Page 3 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Upon request by Artist, City shall promptly furnish all information and materials required by Artist to the extent that such materials are available. City,upon request by Artist,shall also provide correct scaled drawings of the Site, if available. 2.3. Preliminary Design Deliverables. a. Within three (3) months after the Effective Date, Artist shall provide services and all supplies, materials, and equipment necessary to provide certain deliverables, as set forth in this Article 2.3 to City for approval. Preliminary Design Deliverables shall consist of the following: i. Detailed,design illustrations for the Work for the Site,which shall be in a high-resolution digital format, such as JPEG or TIF files, showing the proposed Work from multiple vantage points with at least one illustration showing the Work's size and placement in relation to the Site; ii. A narrative description of the Artist's concept, proposed materials, fabrication, and installation methods,timeline for completion,and anticipated annual maintenance requirements; iii. A preliminary budget estimate,presented on the budget form attached hereto as Exhibit"D,"for costs of final design and implementation/commissioning of the Work in an amount not to exceed $I66,150.00 which includes all costs for materials, engineering, labor, fabrication, delivery, installation, insurance (City requirements attached hereto as Exhibit "E"), transportation, remaining Artist's fee of$17,210.00,and all other associated costs for the Work;and iv. Artist shall provide the Preliminary Design presentation materials in PowerPoint format to the Contract Manager to become part of the City of Fort Worth Public Art archive owned by City. All documents,models,and/or drawings will be retained for archival and exhibition purposes. b. Preliminary Design Deliverables shall be submitted to the Contract Manager three(3)weeks prior to the scheduled Preliminary Design presentation to the FWAC for staff review. 2.4. Preliminary Design Review. a. Upon completion and submission of the Preliminary Design Deliverables and acceptance by Contract Manager, Artist shall present the Preliminary Design to the FWAC for joint review with the Project Core Team, other Project Stakeholders,the appropriate City staff, and for the FWAC's approval at a regularly scheduled FWAC meeting with a date and time mutually agreed upon. The Final Design shall subsequently be shared with City boards or commissions,as appropriate. b. City shall notify Artist of its approval, or disapproval, of the Preliminary Design within thirty (30) business days of Artist's presentation to the FWAC. C. If City disapproves of the Preliminary Design, either in whole or in part, then City shall inform Artist of each revision to be made to the Preliminary Design. City may require Artist to make such revisions to the Preliminary Design as City deems necessary in its sole discretion and/or for the Work to comply Page 4 of 28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art with applicable statutes, ordinances, or regulations of any governmental regulatory agency having jurisdiction over the Site for reasons of safety and security. d. Artist shall have thirty (30) calendar days from the date City informed Artist of the revision(s) to present the revised Preliminary Design in conformance with City's requirements. e. If City disapproves of the resubmitted Preliminary Design, any further Preliminary Design resubmissions will be by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the Parties desire not to continue with the resubmission process, then this Agreement will automatically terminate,with payment for work performed per the payment schedule in Article 3 up through the date of termination. (See Article 4.4.d) f. Upon City approval of the Preliminary Design, any revisions made to a City-approved Preliminary Design shall become part of the Preliminary Design. Artist shall incorporate any City-approved revisions into the final design in conformance with City's requirements. Any revisions shall become part of any final design deliverables if the Artist proceeds to the final design phase. ARTICLE 3 COMPENSATION AND PAYMENT SCHEDULE 3.1. Compensation. Total compensation to Artist under the Agreement shall be in an amount up to TEN THOUSAND, TWO HUNDRED FIFTY DOLLARS AND NO CENTS ($10,250.00) which shall constitute full compensation for any and all costs associated with the Agreement, including,but not limited to engineering and consulting, an Artist's fee of$9,250.00, and all other services performed and materials furnished by Artist under this Agreement. Artist and City may amend this Agreement to allow for additional payment if additional services are required. 3.2. Payment Schedule. City agrees to pay Artist in the following installments set forth below, each installment to represent fir]] and final,non-refundable payment for all services and materials provided prior to the due date thereof: a. ONE THOUSAND,FIVE HUNDRED DOLLARS AND NO CENTS($1,500.00)within thirty(30) calendar days upon execution of this Agreement. b. TWO THOUSAND DOLLARS AND NO CENTS ($2,000.00)after Artist meets with Project Core Team and other stakeholders to gather input prior to Preliminary Design development. C. TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS $2 500.00 within thirty (30)calendar days after Artist submits all Preliminary Design Deliverables required under Article 2.3 of this Agreement. d. TWO THOUSAND DOLLARS AND NO CENTS($2,000.00)within thirty(30)calendar days after Artist makes presentation(s)of the Preliminary Design to the FWAC,the Project Core Team,and other Project Stakeholders at a regularly scheduled meeting of the FWAC. Page 5 of 28 Agreement between City of Port Worth And Anitra IIlayton for Preliminary Design of Alliance Park Public Art e. ONE THOUSAND TWO HUNDRED FIFTY DOLLARS AND NO CENTS $1250.00 within thirty(30)calendar days after City's approval of the Preliminary Design. f. An engineering allowance of up to ONE THOUSAND DOLLARS AND NO CENTS {$1,000.00) for preliminary consultation as needed. Such payment shall be made for actual services rendered only and upon receipt of an invoice from Artist with the original invoice (a retainer fee of up to 50% is allowed)for such services attached. 3.3. Sates 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 Artist with the"Texas Certificate of Exemption," in substantially the same form as that attached hereto as Exhibit"F"for use by Artist in the fulfillment of this Agreement. 3.4. Artist's Expenses. Artist shall be responsible for the payments of all expenses incurred during the performance of this Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants, and/or employees necessary for the proper performance of the services required under this Agreement. ARTICLE 4 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 Artist 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 Artist or any agent or representative to any City or Contract Manager official or employee with a view toward securing favorable treatment with respect to the awarding,amending,or making of any determinations with respect to this performance of this Agreement. 4.3. Termination for Cause. If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this Agreement,or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article 4.3 in accordance with the dispute resolution process set forth in Article S. If the Parties cannot resolve the dispute(s),then the disputing party shall thereupon have the right to terminate this Agreement upon the delivery of a written "Notice of Termination"specifying the grounds for termination. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 4.4. Termination for Convenience. Page 6 of 28 Agreement bdween City of Fort Worth And Anitra Blayton for Preliminary Design of Allianec Park Public Art a. The services to be performed under this Agreement may be terminated by either party, subject to written notice submitted thirty(30)calendar days before termination. b. If the termination is for the convenience of City,City shall pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement, and Artist shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon payment in full of all monies due for services provided up to the effective date of termination, City shall have the right, in its sole discretion, to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models, and designs,up to the effective date of termination,provided that no right to fabricate or execute the Work shall pass to City. C. If termination is for the convenience of Artist, City shall have the right, in its sole discretion, to pay Artist for services actually rendered up to the effective date of termination in accordance with Section 3.2 of this Agreement or require the Artist to remit to City a sum equal to all payments(if any)made to the Artist pursuant to this Agreement prior to the effective date of termination. If City chooses to pay Artist for services actually rendered, then all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs, models,and designs,up to the effective date of termination shall become property of City. d. If termination is by mutual agreement of the Parties as set forth in Article 2.4,then City shall pay Artist for work performed in accordance with Section 3.2 of this Agreement up through the date of termination.City shall have the right to possession and transfer of all work product produced by Artist under this Agreement, including, but not limited to, finished and unfinished drawings, sketches, photographs,models,and designs,up to the effective date of termination. 4.5. Incapacity of Artist. a. In the event of Artist's death or Artist becoming physically or legally incapacitated during the term of this Agreement, City shall have the right to terminate this Agreement on payment to Artist or Artist's successors for all work and services performed prior to death or incapacity. All work product produced by Artist, including, but not limited to, finished and unfinished drawings, sketches, photographs, models,and designs, up to the effective date of termination shall become property of City. b. Should Artist's Preliminary Design have been approved, in the event of termination under this Article 4.5, City shall have the right to complete the Work, if feasible. Due regard shall be made for Artist's intended results and proper credit and acknowledgement shall be given to Artist. ARTICLE 5 DISPUTE RESOLUTION If either Artist 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 Page 7 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art 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 parry'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 Artists are unable to agree to a date for the mediation or to the identity of a mutually agreed mediator within thirty(30)calendar days following the date of the request for mediation,then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute.(See Article 4.3) ARTICLE 6 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 6.1. General. a. Upon payment in full to Artist or pursuant to the applicable termination provision of this Agreement, the Artwork Design,Work,and all other work product under this Agreement shall become the property of City, without restriction on future use, except as provided below. Artist shall retain copyright and other intellectual property rights in and to the Artwork Design and/or Work. By execution of this Agreement, Artist grants to the City an exclusive, perpetual, royalty free, and irrevocable license to graphically depict or publicly display the Artwork Design and/or Work for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Artwork Design and/or Work intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City,shall be deemed a non-commercial purpose. b. In view of the intention that the Artwork Design and the Work be unique, Artist shall not make any additional exact duplicate reproductions of the Artwork Design or the Work, nor shall Artist grant Page 8 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art permission to others to do so except with the express written permission of City. However, nothing herein shall prevent Artist from creating future artworks in Artist's manner and style of artistic expression. C. Artist reserves every right available under the Federal Copyright Act to control the making and dissemination of copies or reproductions of the Artwork Design and/or Work, except as those rights are limited by this Agreement. City may make and disseminate photographs,drawings,and other two- dimensional reproductions of the Artwork Design and/or Work and accompanying materials for any municipal purpose. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: "©date,Artist's name." d. Nothing in this Agreement shall prevent the Artist from using images of the Artwork Design and/or Work for marketing and promotional purposes in connection with the Artist's business. e. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist 6.2. Artist's Address. Artist shall notify City of changes in Artist's address as set forth in Article 12. The failure to do so, if such failure prevents City from locating Artist, shall be deemed a waiver by Artist of the right subsequently to enforce these provisions that require the express approval of Artist. Notwithstanding this provision,City shall make every reasonable effort to locate Artist when matters arise relating to Artist's rights. ARTICLE 7 WARRANTIES OF TITLE AND COPYRIGHT a. Artist represents and warrants that: i. Artwork Design and/or Work shall be the original product of the Artist's sole creative efforts. ii. Artwork Design and/or Work is and will be unique and original, and does not infringe upon any copyright or the rights of any person; iii. Artist has not sold, assigned, transferred, licensed, granted, encumbered, or utilized the Artwork Design and/or Work or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; iv. Artwork Design and/or Work(or duplicate thereof)have not been accepted for sale elsewhere; V. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement;and vi. All services performed hereunder shall be performed in accordance with all applicable laws, regulations,ordinances,etc., and with all necessary care, skill and diligence. ARTICLE 8 ARTIST AS INDEPENDENT CONTRACTOR Page 9 of 28 Agreement between City of Fort Worili And Anitra Blayton for Preliminary Design of Alliance Park Public Art Artist shall perform all work and services hereunder as an independent contractor,and not as an officer,agent, servant or employee of City.Artist shall have exclusive control of,and the exclusive right to control the details of the work performed hereunder,and all persons performing same,and shall be solely responsible for the acts and omissions of his/her officers, agents, employees, and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, employees and subcontractors, and doctrine of respondent superior has no application as between City and Artist. ARTICLE 9 INDEMNIFICATION 9.1. General Indemnity. a. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS,LAWSUITS,JUDGMENTS,ACTIONS, CAUSES OF ACTION,LIENS, LOSSES,EXPENSES,COSTS,FEES(INCLUDING,BUT NOT LIMITED TO,ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY(INCLUDING, BUT NOT LIMITED TO,DEATH) TO ANY AND ALL PERSONS,OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS, ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S SUBARTISTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. Artist agrees to and shall release City from any and all liability for injury, death, damage, or loss to persons or property sustained or caused by Artist in connection with or incidental to performance under this Agreement. C. Artist shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 9.2. Intellectual Property. Artist agrees to assume full responsibility for complying with all State and Federal Copyright Laws and any other regulations, including, but not limited to, the assumption of any and all responsibilities for paying royalties that are due for the use of other third party copyrighted works by Artist. City expressly assumes no Page 10 of 28 Agreement between City or Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art obligations, implied or otherwise, regarding payment or collection of any such fees or financial obligations. City specifically does not authorize, permit, or condone the reproduction or use of copyrighted materials by Artist without the appropriate licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR EXPENSES OF EVERY TYPE AND DESCRIPTION, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF CITY'S USE OR POSSESSION OF THE WORKS BY REASON OF AN ALLEGED OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP, AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain appropriate licensing and all such licensing shall be the exclusive obligation of Artist. ARTICLE 10 EQUAL OPPORTUNITY a. Artist shall not engage in any unlawful discrimination based on race,creed,color,national origin,sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to the extent required by applicable laws, it is an equal opportunity employer and shall comply with all applicable laws and regulations in any employment decisions. b. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this Agreement may be canceled,terminated,or suspended in whole or in part,and Artist may be debarred from further agreements with City. ARTICLE 11 MISCELLANEOUS ll.I. Compliance. Artist shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of Artist's services under this Agreement. 11.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11.3. Amendments. No alteration, change, modification, or amendment of the terms of this Agreement shall be valid or effective unless made in writing and signed by both parties hereto and approved by appropriate action of City. 11.4. Waiver. Page 11 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms,covenants,and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 11.5. Governing Law and Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas -- Foil Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 11.6. Successors and Assigns. Neither party hereto shall assign,sublet,or transfer its interest herein without prior written consent of the other party, and any attempted assignment,sublease, or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Artist and their respective successors and permitted assigns. 11.7. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any lawful successor or assign,and are not intended to create any rights, contractual, or otherwise,to any other person or entity. 11.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable,the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 11.9. Force Maieure. City and Artist will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God;acts of the public enemy;fires;strikes; lockouts;natural disasters;wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of,and only to the extent of,such prevention or hindrance,provided the affected Party provides notice of the Force Majeure Event,and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Page 12 of 28 Agreement between City of Fort Worth And Anitra Dlayton for Preliininary Design of Alliance Park Public Art Force Majeure Event,with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with this Agreement. 11.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 11.11. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for the City to fulfill its obligations under this Agreement,the City may terminate this Agreement to be effective on the later of(i)thirty(30)days following delivery by City to Artist 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. 11.12. Captions, Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 11.13. Right to Audit. Artist agrees that City will have the right to audit the financial and business records of Artist that relate to the Work(collectively"Records")at any time during the Term of this Agreement and for three(3)years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Artist shall make all Records available to the City at 200 Texas Street, Fort Worth, Texas or at another location in the City acceptable to both parties following reasonable advance notice by the City and shall otherwise cooperate fully with the City during any audit. Artist shall require all of its subcontractors to include in their subcontracts a right to audit in favor of City in substantially the same form as described in this Article 11.13. 11.14. Certified MBEIWBE. If applicable,Artist is encouraged to make its best effort to become a certified Minority Business Enterprise (MBE) or Woman Business Enterprise (WBE) firm with a certifying agency whose certification is accepted by the City under the City's Business Diversity Enterprise Ordinance. 11.15. Survival Provision. The provisions contained in Articles 4.5(Incapacity of Artist),Articles 6(Ownership and Intellectual Property Rights), 7 (Warranties of Title and Copyright), 8 (Artist as an Independent Contractor), 9 (Indemnification), and 11.13 (Right to Audit)shall survive the termination or expiration of this Agreement. 11.16. Counterparts and Electronic Signatures. Page 13 of 28 Agreement between City of Fort worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 11.17. Time Extensions. The Parties may agree, in writing,to extend or modify any of the time deadlines set forth in this Agreement. 11.18. Israel. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. If applicable under this Agreement and Artist is considered a"company," by signing thisAgreentent,Artist certifies that Artist's signature provides written verification to the City that Artist: (1)does not boycott Israel;and(2) will not boycott Israel during the term of the Agreement. 11.19. Energy Companies. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not boycott energy companies;and(2)will not boycott energy companies during the term of the contract. The terms"boycott energy company"and"company"have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 13, §2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,Artist certifies tlratArtist's signature provides written verification to the City thatArtist:(1)does not boycott energy companies;and(2)will not boycott energy companies during the terin of thisAgreement. 11.20. Firearms and Ammunitions Industries. If Artist is a company with ten(10)or more full-time employees and if this Agreement is for$100,000 or more, Artist acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of$100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1)does not have a practice,policy,guidance,or directive that discriminates against a firearm Page 14 of28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association, The terms"discriminate,""firearm entity"and"firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg.,R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Artist certifies that Artist's signature provides written verification to the City that Artist. (I) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and(2) will not discriminate against a frrearin entity or firearm trade association during the term of this Agreement. ARTICLE 12 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Copies to: Leann Guzman, City Attorney Office of the City Attorney City of Fort Worth 200 Texas Street,Third Floor Fort Worth,Texas 76102 Martha Peters,Director of Public Ail Arts Fort Worth 1300 Gendy Street Fort Worth,Texas 76107 2. ARTIST: Anitra Blayton 912 Lark Spur Lane Fort Worth,Texas 76112 Page 15 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art IN WITNESS IIEREOF,the Parties hereto have executed this Agreement to be effective as of the Effective Date. CITY OF FORT WORTH ARTIS By: !Goa«. gii�� Fernando Costa Ani ra B lay ton Assistant City Manager Artist Date: 6113/Za.Z-Z Date: Contract Compliance Manager By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. M��2+',c�aa�'d�a•w Name: Michelle Richardson Title:Public Art Project Manager APPROVED AS TO FORM AND LEGALITY: k4sika Williams rz4 Assistant City Attorney .')�� ATTESTED BY: inette S. Goodall ty Secretary �• ,;. ";: r Form 1295:Not required Contract Authorization: No M&C required. Ordinance No. 24161-04-2020 OFFICIAL RECORD CITY SECRETARY FT Wyqppt TX Agreement between City of Fort worth And Anita nlaylon for Preliminary Design of Alliance Park Public Art Exhibit A: Artist Resume EDUCATION MFA,Texas Christian University,1995 MA.Wayne State University,1985 SFA.Central Michigan University,1975 AWARDS/COMMISSIONS Commission,Lead Artist,2008-2019 Fort Worth Public Art Lake Como,Fort Worth,TX take Como Master Plan Commission,Consultant,Camp Wisdom Stotion,South Oak Cliff 2015-2017,Dallas Area Rapid Transit(DART), and Honorable Mention,2016 Urban Design Awards,Greater Dallas Planning Council,Dallas,TX Commission,2006-2009 Dallas Office of Cultural Affairs Kidd Springs Park Public Art Sculpture,Dallas,TX Kidd 29/7 Commission,2003-2005 DEW International Airport, Public Art Program,Dallas/Fort Worth TX Standing Ovation Commission,1998-99 City of Dallas Public Art Program/ Exxon Corporation, Dallas Zoo,Dallas,TX, The Endangered Commission,1999 South Dallas Cultural Center/ Belo Foundation,Dallas,TX Now to Make An Image About Your Folth Fellow,2016,Assessment Leadership Academy,Tarrant County College District,Fort worth,TX Fellow,2016,MasteryTeaching Institute,Tarrant County College District,Fort Worth,TX Fellow,2007 Tarrant County College ISP Seminar Salzburg Austria Award,Distinguished Service,2007 Tarrant County College Humanities Division,Northeast Hurst,TX ARTIST-IN-RESIDENCE Purchase Award,199718th Southwest Black Art Exhibition,African American Museum of Life and Culture,Dallas,TX Weeping Marys Best of Show,1993 Main Street Fine Arts Exhibition, Downtown Business Inc,Fart Worth,TX, Old Tole On Timeless Pathologies 1987"Salute to Excellence."Award,American Savings and Loans Oakland Museum,Oakland,CA 1995-1996,Project Row Houses,"TimeThatSteel Binds',Installation and Artist Talk,Funded bythe National Endowment of the Arts, Rick Lowe,Curator,Houston,TX 1995,Four Exhibition workshops:Twenty Five Years of African-American Art from the collection of The Studio Museum in Harlem, Modern Art Museum of Fort Worth,Fort Worth,TX 1995,PRINT,(Print Research Institute of North Texas),produced the screenprint,In The Garden of the Syrupy Sweet,University of North Texas,Denton,TX SELECTED PUBLIC AND PRIVATE COLLECTIONS Texas Southern University Museum,Houston,TX African American Museum of Life and Culture,Dallas,TX U.S.Trust Company,Dallas,TX Nona and Richard Barrett,Dallas,TX Kaiser Permanente Hospitals: Page 17 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art *Oakland,CA *San Francisco,CA *Stockton,CA *Arlington,TX P2 C city of Royal Oak,Royal Oak,MI Abron Yates Architects,Inc.,Oakland,CA XYZ Gallery,Oakland,CA Berkley Gallery,Oakland,CA GALLERY AFFILIATIONS 1995—2005 William Campbell Contemporary Art Gallery, Fort Worth,TX 1995—2000 Edith Baker Gallery,Dallas,TX PROFESSIONAL EXPERIENCE 2002—present,Tarrant County College Northeast,Fort Worth: Associate Professor,Full-time Faculty,Department of Art 1/98-2002,Tarrant County College Northeast,Fort Worth: Adjunct Faculty,Department of Art 8/95-1999,Texas Christian University,Fort Worth: Visiting Artist, Department of Art and Art History LECTURES PANELIST,The Intersection of Art and Architecture and Haw Art Can Enliven Public Spaces,Mayor Mike Rawlings Panel,2017 Dallas,TX PANELIST,Place Making,Americans for the Arts,DFW/Love Field Airports Host,2014,Dallas,TX STUDIO TALK-Anitra Blayton Art and Design Studio DFW Ambassadors Program,2009 Fort Worth,TX VISITING ARTIST AND LECTURER Cedar Valley College,2006 Dallas,TX ARTIST TALK Visual Artist League,2005 Lewisville,TX ARTIST EYE: "ALLEGORY OF TRUE FAITH" Kimbell Muesum,1998 Fort Worth,TX PRESENTER Bearing Witness Symposlum,1998 African American Museum of Life and Culture Dallas,TX VISITING ARTIST AND LECTURER: Southwest Texas State University,1997 San Marcos,TX VISITING ARTIST AND LECTURER: Brown University and Rhode Island School of Design,1996 Providence,RI ARTISTTALK: PROJECTROWHOUSE Texas Artists Education Association(TAEA),1995 Texas Christian University,Fort Worth,TX ARTISTS TALK: INVITATIONAL LECTURE SERIES Dallas Artists Research and Exhibition(DAREj,1995 The McKinney Avenue Contemporary,Dallas,TX "WE'RE REALLY GETTIN'GOOD,AT BARELY GETTIN'BY" Speakers: Anitra Blayton,Mary Fish,Mary Dritschel,Wendy Edwards,Virginia Maksymowiscz,and Glenna Park,Chair College Arts Association Conference,1995,San Antonio,Texas ARTIST'S TALK: COFFEE IN THE GOURD Page 18 of28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Energy in Transition Tuesday Evenings at the Modern Lecture Series,1994 Modern Art Museum of Fort Worth,Fort Worth,TX TRANSFORMATION,FULL CIRCLE Artist Responds Series,1993 Henry H.Johnson Retrospective Amon Carter Museum,Fort Worth,TX PG 3 ARTIST'S TALK:ABSTRACT"PAINTINGS Anitra Blayton,Mentor City Sites: Artists&Urban Strategies Lecture Series Suzanne Lacy,Coordinator,1989 California College of Arts&Crafts,Oakland,CA CLUES,CONCEPTS,AND CONTROVERSIES Panelists:Rolando Castillon,Betty Kano,Arthur Monroe Moderator,Anitra Blayton,1999 Koncepts Cultural Gallery,Oakland,CA DOCUMENTARY&PUBLIC RELATIONS • Take Flight,International Terminal D,Dalias/Fort Worth Airport Deborah Fergusson and Mike Schneider,NBC Channel 5,July 2005 • 1991 Stories of Change,featuring Anna Taylor,Angelina Toscana,Minh Hoa Ta and Anitra Blayton.This 58-minute film profiles the lives of four women from ethnically and soclo-economically diverse backgrounds who have made transitions from crisis to personal success. Future Educational Films Teresa Tollini,Director,Teresa Tollini Productions,San Francisco,CA FILM 1992 Painting,"In Memory and Praise"loaned to the set of Lethal Weapon III,Boman!Gallery,San Francisco,CA RADIO 1995 Interview-"Woke Up Coll",Frank Garrett,Commentator June broadcast-KAZI Radio,Austin,TX 1994 Interview-"Art Matters",Sharon Benge,Commentator November broadcast-WRR Radio,Dallas,TX SELECTED PUBLICATIONS/REVIEWS • Employees News&Information,TCC This Week,July 11,2,Volume: 2005 JR Compton,"Art In Terminal D",Dallas Arts Revue,online,2005 • Anthony Marian!,"Pressing Forward",FtW Weekly Online—FtW Weekly.com 1/07/04 • Henkel-Wolfe,Peggy,"Anitra Blayton Melds Faith,Art,with Church Inspired Project",Dallas Examiner,2003-10-13 • Henkel-Wolfe,Peggy,"Dialog: Historic Allen Project,ArtLies,fall 2003,#40 • Tyson,Janet,"The State of the Arts",Fort Worth Star-Telegram,October 18,1998,section E,page 1 • Ruben,David S.,Curator of 20th Century Art,Phoenix Triennial Exhibition Catalog,1998,Phoenix Contemporary Art Museum,Phoenix,AZ • Nilson,Richard,"Nice Tri",The Arizona Republic,August 20,1998,Arts,page 41 • Thompson,Edleeca,Guest Curator,18th Southwest Black Art Exhibition Catalog,African American Museum of Life and Culture,1997,Dallas,TX • Henderson,Michael,Curator,"Reconstructedness",Exhibition Catalog,November 16,1996 through January 4,1997,Diverseworks,Houston,TX. • Yannotta,Patricia,ART NOW Gallery Guide,Southwest."Animated Work by Anitra Blayton".Special Feature,February 1996,Page 31 • Irvine,Madeline,Austin-American Statesman,"A family's Invisible links",Life&Food,Art Review,Wednesday 14,1995,Section E,page 13 • Levy,Rebecca,Austin Chronicle,"Journal of the Heart'June 16,1995,Volume 14,No.41,page 36 • Wilson,Wade,Fort Worth Star Telegram,"TCU Traces A Black Woman's Heritage", A&E Sunday April 2,1995,Section G,page 2 • Bass,Shermakaye,Dallas Morning News,ART REVIEW,Signs of Life,'Invisible Threads Addresses Identity,Wednesday,November 16,1994, Metropolitan/Overnight Section • Wilson,Wade,Fort Worth Star Telegram,"in the Galleries",Sunday,October 30,1994,Section F,page 2 • Sweets,Ellen,Dallas Morning News,House&Garden,"Out of Africa", Friday,July 29,1994 • Kutner,Janet,Dallas Morning News,Guide,"Anitra Blayton,Simple Objects,Complex Meaning",Friday,April 1,1994 • Tyson,Janet,Fort Worth Star-Telegram,"Main Street Retools to Prevent Controversy,"Arts and Entertainment,Sunday,April 3,1994 • Dallas Morning News,Guide,Friday,March 18,1994 • Visual Exchange,March/April 1994,"Mosaics: Anitra Blayton"D'Art Visual Art Center,Dallas,TX • Kutner,Janet,Dallas Morning News,"Building Bridges",Monday,September 20,1993 • Kutner,Janet,Dallas Morning News,"Guide",Friday,September 10,1993 • Tyson,Janet,Fort Worth Star-Telegram,"African American Talent'Thursday,September 9,1993, • Tyson,Janet,Fort Worth Star-Telegram,"Anitra Blayton: A Bold New Vision",Tuesday April 27,1993,Section F • Tyson,Janet,Fort Worth Star-Telegram,"A Tale of Two Works,"Tuesday,April 27,1993,Section F • Tyson,Janet,Fort Worth Star-Telegram,StarTime,"Maln Street Becomes a Boulevard of Diversity,"Friday,April 2 through Thursday,April8,1993 • Llppard,Lucy,"Slouching Toward A Decision,"1992"Slouching Toward 2000"Exhibition Catalog,Women and Their Work,Chris Cowden,Executive Director • Burns,Gerald,Austin Chronicle,"Slouching Toward 2000," Nov.12,1992 Page 19 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art I • Oleson,J.R.,American Statesman,Art Addresses"Politics of Gender,"Sunday,October 10,1992 • Noe,Cynthia,Austin Visual Arts Association Newsletter,"Politics of Gender,'October 1992 Art Alert,Women&Their Work Newsletter,"Form&Content,"Fall/Winter 1992 Rooks,Belvie,San Francisco Examiner,"Boman)Gallery on the Contemporary Art Scene,"Sunday,February 16,1992 • The San Francisco Book,Aft Galleries,Spring-Summer 1991 • Gallery News,Antiques and Fine Arts,"Art of the World,"May/June,Vol.Vill,No.4 • Cadden,Wendy,People's Daily World,"Harambee:Artists of Vision,"February 16,1990, Vol,4,No.123 • White-Warner,Rhonda,Oakland Post,"On Our Own Terms,"September 20,1989,26 yr,No.29 pg4 • Laine,Margo,Alameda County Art Commission Newsletter,"Private and Public Roles in the Arts,"July 1989,Vol.4,No.3 • Mouton,Regina,"Ritual of the Sun and the Moon"Exhibition Review,Sargent Gallery,1989 COMMUNITY SERVICE/PROFESSIONAL ORGANIZATIONS Juror,Main Street,Fort Worth Arts Festival,Fort Worth,TX 2010 Advisory Panelist,Gallery 76102,2009-2010 Committee Chair,TCC District Wide Art Exhibition and Competition,2009-2010 Speaker,Nolan Catholic High School,2008 Committee Chair,TCC District Wide Art Exhibition and Competition,2006-2007 Commissioner,Public Art of Fort Worth and Tarrant County,2003.2006 Selection Panelist,An in Public Places,Austin,TX 2006 Selection Panelist,Dallas Office of Cultural Affairs,Dallas,TX 2005-2006 Member,Exhibition Committee,Community Arts Center,Fort worth,TX 2002-2003 Juror,Main Street,Fort Worth Arts Festival,Fort Worth,TX 1999 Member,Links Inc,Fort Worth Chapter,Fart Worth,TX 1999-2005 Steering Committee member,Emergency Artist Support League,E.A.S.L.,Dal las/Ft.Worth,TX,1998-2003 Member,Women of the Rotary,Fort Worth,TX 1997—2000 Member,College Arts Association,National--1982-present Panelist,Major Organizations Grant Panel,Arts Council of Fort Worth,Fort Worth,TX,1997 Member,Advisory Council,Women&Their Work,Austin,TX,1995,1996,1998 Member,Exhibition Advisory Committee,Contemporary Art Center of Fort Worth, Fort Worth,TX,1996 through 1997 Panelist,Fort Worth Chapter,NAACP,Afro Academic,Cultural,Technological and Scientific Olympics(ACT-50),Fort Worth,TX,1995 Juror,26th Annual Art Craft Exhibition,Tarrant County Junior College, Northeast Campus,Hurst,TX,1995 Juror,Boys and Girls Club of Greater Fort Worth,Fine Art Exhibit,Fort Worth,TX,1995 Juror,South Hills Elementary School Dreammakers Academic Fair,Fort Worth,TX,1994 Panelist,Fort Worth Chapter,NAACP,Afro Academic,Cultural,Technological and Scientific Olympics(ACT-SO),Fort Worth,TX,1994 Juror,Festival at the Lake,Oakland,CA,1991. Panelist,Visual Arts Advisory Committee,Festival of the Arts,Oakland,CA,1990. Commissioner,appointed by Supervisors Fred Cooper and Don Perata,Alameda County Arts Commission,Third District. Responsible for representing artists and developing community arts programs for Alameda County.1984-1989. Co-Producer,"Salute to Roy Sanders,"Oakland,CA,1997. Moderator,Conducted a Support Group Lecture/Dlscusslon Series for visual artists in the Bay Area,Grand Oak Gallery,Oakland,CA 1985. Juror,Hayward Festival of the Arts,Fine Art Exhibition,Hayward,CA,1984 GROUP EXHIBITIONS 2010"shirty Years of Outdoor Sculpture",Abilene,TX 1999"Faith Painting"Installation,South Dallas Cultural Center,Dallas,TX Percent For Art,Office of Cultural Affairs,Dallas,TX 1998 Southwest Triennial,Phoenix Art Museum,Phoenix,AZ 1997-1998 Abilene Outdoor Sculpture Exhibition,Abilene Cultural Affairs Council and Museums of Abilene,Abilene,TX "Odds and Ends",Robert McAn,Curator,University of Texas at Dallas Art Gallery,Dallas,TX Faculty Exhibition,Texas Christian University,Moudy Exhibition Hall,Fort Worth,TX 199716th Southwest Black Art Exhibition,Edleeca Thompson,Guest Curator,African American Museum of Life and Culture,Dallas,TX "The Sculptor's Narrative",Roger Colombik,Curator,Southwest Texas State University,1997,San Marcos,TX "Allegory of Practical Faith"Installation,Galveston Arts Center,Gallery II,Galveston,TX 1996 "Vestiges of Memories"-GTE Telephone Operations Headquarters Art Gallery,Irving TX "Colossus of Forum"-Forum Gallery,Brookhaven College,Dallas,TX 1995 "J O U R N A L"-Women&Their Work,Austin,TX "J O U R N A L"-MFAThesis Exhibition Texas Christian University Exhibition Hall,Fort Worth,TX 1994"Selective Vision"-D'Art Visual Art Center,Vicki Meek,Curator Dallas,Tx 1991 Artist Focus-Oakland Museum Collection Gallery,Oakland,CA 1990 "For The Love Of Freedom"-Brockman Gallery,Los Angeles,CA 1989 New Works-American Savings,Oakland,CA 1988 New Works-Koncepts Cultural Gallery,Oakland,CA 1996 "Reconstructed ness",Mike Henderson,Curator,Diverseworks,Houston,TX Page 20 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art RETRO 96: "Notions of Nostalgia",Arlington Museum,Arlington,TX "Reconstructednese,Mike Henderson,Curator,Gray Matters, Dallas,TX Faculty Exhibition,Texas Christian University,Moudy Exhibition Hall,Fort worth,TX 1995 "Artists and Texas Communities",Mexic-Arte Museum,Austin,TX MFA Regional Exhibition,University of Texas at San Antonio, San Antonio,TX 1994 "A Show of Hands",Edith Baker Gallery,Dallas,TX "Invisible Threads",William Campbell Art Gallery Contemporary Art Gallery,Fort Worth,TX Anitra Blayton,Val Hunnicutt, Vicki Meek,and Celia Alvarez Munoz. Three-Year Retrospective,Mosaics Series- D'Art Visual Art Center,Dallas,TX "Transformations,The Alchemy of Change"-Women and Their Work,Austin TX "World Colors"-Dallas Women's Caucus for Art and the Women's Committee of the International Society,Dallas TX 1993 "Fresh Visions,New Voices"-Rick Lowe,Curator, Arlington Museum,Joan Davidow,Director,Arlington,TX Main Street fine Arts Exhibition-Jurors:AI Harris and Dennis Barrie,Continental Plaza Building,Fort Worth,TX, 1992 "Slouching Towards 2000:The Politics of Gender," Pg5 Traveling Exhibition 9/92 to 9/93,Juror:Lucy Lippard Women and Their Work,Austin,TX Stephen F.Austin University Gallery,Nacogdoches,-X Lawndale Arts Performance Center,Houston,TX Texas A&M University Gallery,Bryan-College Station,TX 1992 "Rethinking American Art History,"Exhibition and Conference, San Francisco Art Institute,San Francisco,CA 1991 "New Works"-Bomani Gallery,San Francisco,CA Anitra Blayton,Ning Hou,and Stephen Von Masan 1990 "African American Art"-XYZ Gallery,Oakland,CA "Harambee"-Adrienne Fuzee,Curator, Hatley Martin Gallery,San Francisco,CA "African American Artists"-NAID Gallery,Richmond,CA "A Collectors Exhibition"-Brockman Gallery,Los Angeles,CA 1989 "On Our Own Terms"-Berkley Plaza Gallery,Oakland,CA "Freedom"-6S Page Street Gallery,San Francisco,CA "Ritual of the Sun and the Moon"-Two Woman Exhibition-Regina Mouton,Curator Sargent Johnson Gallery,San Francisco,CA 1987 "Salute to Excellence"-American Savings Award Exhibition,Oakland Museum,Oakland,CA 1985 "New Works",Anitra Biayton and Dwight Smith,- Ben Hazard,Curator,Grand Oak Gallery,Oakland,CA "Women Artists",sponsored by Delta Slgma Theta Sorority Trans-Pacific Center,Oakland,CA 1984 Grand Oak Gallery,Oakland,CA "The Land From Which I Come"-La Pena Gallery,Berkeley,CA 1983 Grand Oak Gallery,Oakland,CA 1981 Harts Plaza Gallery,Renaissance Center,Detroit,MI 1979 Michigan State Fair Fine Arts Exhibition,Detroit,MI Clifford Fears Dance Theatre Gallery,Detroit,MI Green Street Gallery,So Ho,N.Y. 1978 Hillberry Art Gal lery,Wayne State University,Detroit,MI 1977 'Two Women",Anitra Blayton and Donna Bruton- Plymouth United Church of Christ,Detroit,MI 1976 Graduate Exhibition,Central Michigan University,Mt.Pleasant,MI Page 21 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Exhibit B: Project Outline AL FORT WORTH PUBLIC ART Alliance Park Public Art Project Outline 1 � — PIN T �14 i o a { f e � f i The City of Fort Worth is completing construction on improvements at Alliance Park as part of the City of Fort Worth's 2018 Bond Program. Phase 1 and 2 improvements include two ponds, multiple sports fields,a multicourt,a playground with a pavilion,and other amenities.The park was identified in the Fort Worth Public Art Plan for the 2018 Bond Program as an impactful location for public art,reaching a wide range of visitors from across the region. PUBLIC ART SITE AND APPROACH This public art project provides an opportunity for an artist to create a unique stand-alone artwork(s)for Alliance Park. At their meeting,the Project Core Team expressed interest in an artwork that serves as a landmark for the area, inviting visitors into the park.They also discussed ways the work may be engaging to a diverse audience,which could include a piece that is kinetic or otherwise responds to natural elements,is participatory,or is interactive through use of phones. PUBLIC ART BUDGET This project is included in the Fort Worth Public Art Fiscal Year 2022 Annual Work Plan,adopted by the Fort Worth City Council on November 9,2021(M&C 21-0830). Funding for the artwork and contingencies,which was included in the Public Art Plan for the 2018 Bond Program,totals$196,000.00. ELIGIBILITY Staff will recommend 6-8 artists from the Fart Worth Public Art Pre-Qualified List of Artists,and additional artists by invitation,whose work would be a good fit for the project. Page 22 of 28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art PROJECT CORE TEAM 1. Cameron Ehn,North Fort Worth Alliance 2. Elizabeth Ellenbecker,Roanoke HOA 3. Chrissy Fitch, Keller ISD 4. Jennifer Kranda, North Fort Worth Alliance 5. Kris Sullard,Seventeen Lakes ARTIST SELECTION PROCESS SELECTION PANEL MEETING H1 FWPA staff shall present a pool of 6-8 artists.Artists will be contacted prior to being considered by the Artist Selection Panel,to ascertain their interest and availability.The Artist Selection Panel shall review the artists'previous work and qualifications and select 3 finalists and one alternate. FINALIST ORIENTATION The finalists shall participate in an orientation for the project which will include a virtual walk through of the site. SELECTION PANEL MEETING H2 The Artist Selection Panel shall interview each of the three artists individually.The Panel may then ask questions about their professional experience and related work.The Panel will then recommend one artist and one alternate for the project. Upon the FWAC's approval of the Panel's recommendation,a Preliminary Design contract will be executed with the selected artist. MEETING FACILITATOR: Michelle Richardson, Public Art Project Manager,Arts Council of Fort Worth ARTIST SELECTION PANEL(Voting) 1. Council Member Leonard Firestone,District 7 2. Elizabeth Ellenbecker,Elected Project Core Team Member 3. Raul Pena, Fort Worth Art Commissioner 4. Tiara Francois,Artist 5. Kim Phan Nguyen,Arts Professional ADVISORS(Non-voting) 1. Sami Roop,District 7 Director 2. Jeffrey Davis,Park and Recreation Advisory Board, District 7 3. Bryan Lyness, Park and Recreation Department,City of Fort Worth 4. Tamarrowa Dixon,CFW Neighborhood Police Officer,City of Fort Worth 5. Other Project Core Team Members 6. Others as may be appropriate Page 23 of 28 Agreement between City of Port Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Exhibit C: Site 5[adium� '.' TwaS Read iQj�- DMAdventareParkl? — . 'lhwesl High School y , 14 O Polo Ralph Lauren .f Faetor�r Store Tr LJ EkzBheihto'an 11°. 4F Amazon FTW3,FTV14 Amazon DDF54? •� rise F O ¢syey 3 t5a,•;aaan Falls Roanoke 7 R03110k ii � Jn /W Electronicsp C Roanoki FedFxGroundv /' r HvIFigNKEIQ /1 FedFx Mp CenterQ r✓ rr-..J sue., \{ Y' t, f +r►►-�-+ ° A� 1 �{ram / h 0 ° 1 0 I 1 , 1 •d ll 1 7 Cnr� — — -•�e �L�l�L1�4.�i � Page 24 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Exhibit D: Budget Form PROJECT ► DEVELOPMENT PROJECTPROJECT r a• COSTS COSTS FEES INSTALLATION Artist fee(studio Overhead,Design,Admin) Transportation of artwork Engineer Permits Lighting Designer site Preparation I Remediation conservator Footings I Foundations Photographer Electrical connections 1 Modifications other Professional Fees Installer Labor Equipment Rental Traffic control SUES-TOTAL TEES Security SUB TOTAL INSTALLATION TRAVEL(Based on GSA Rates) Transporation INSURANCE Lodging General liability(prorated) Per diem (meals and incidentals) SUB-TOTAL TRAVEL Other SUIT-TOTAL OVERHEAD FABRICATION CONTINGENCY Materials Artist labor(hours x$per hour) P.-gPITr?,1 in Prarlminar,,r, Coasign Phase Fabricator/Labor by others GRAND TOTAL Rentals(equipment,fabrication space,etc_) Storage SUET-rcrTAL FABRICATION Page 25 of 28 Agreement between City of Fort Worth And Anitra Dlayton for Preliminary Design of Alliance Park Public Art Exhibit E: Insurance Requirements PUBLIC ART PROJECTS-INSURANCE REQUIREMENTS Artist shall meet all the following insurance requirements for this Project. If Artist subcontracts fabrication, transportation, and/or installation of the Work,then Artist 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: premises, 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(if applicable) 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 Artist and is considered to be in the Artist's care, custody, and control and shall include property"in transit," Automobile Liabilit y $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 Artist and/or Artist's Subcontractors who have employees: 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.). 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. Page 26 of 28 Agreement between City of Fort Worth And Anitra Blayton for Preliminary Design of Alliance Park Public Art Artist 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. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of the City of Fort Worth. The insurers for all policies must be licensed/approved to do business in the State of Texas. If the subcontractor is an international entity and carries insurance through an international insurance company, then the subcontractor must obtain language on their certificate of insurance confirming that its insurance policy extends coverage to operations in the United States. 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. 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MOT Mt-WREArflllMSERToDEYAl.M litlra r1nJ t tia Tog'F.rdi tlplien NIIhLAfi�°dr'TRe F:+ilnl+Y Ni i rrlo rt:r rrA trsjo TtllA aer4lfrctba shgulrl bn furnlAl,'ut�to tho�ulrpllvf, DopQtsoad tho compktad coniflcota to thn Cam ptrollarof Public Accuuniz. Agreeanent between City of Fort Worth Page 28 of 28 And Anitra Blayton for Preliminary Design of Alliance Park Public Art