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HomeMy WebLinkAbout064398 - General - Contract - Fort Worth Museum of Science & HistoryCSC No. 64398 AGREEMENT FOR LONG-TERM LOAN OF AN ARTWORK BETWEEN THE FORT WORTH MUSEUM OF SCIENCE AND HISTORY AND THE CITY OF FORT WORTH This Agreement is entered into by and between the City of Fort Worth ("City"), a Texas home rule municipal corporation, acting by and through Dana Burghdoff, its duly authorized Assistant City Manager, and the Fort Worth Museum of Science and History ("FWMSH" or "Museum"), a Texas nonprofit corporation located at 1600 Gendy Street, Fort Worth, Texas, 76107, acting by and through Regina Faden, its President. 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 ("Contract Manager"). The Contract Manager shall act through its designated Public Art Collection 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, Buildings for Pleasure Grounds Parks & Playgrounds / Fort Worth, Texas (the "Artwork"), a framed architectural drawing more particularly described in Exhibit "A," is owned by the City and is part of the Fort Worth Public Art Collection; WHEREAS, in addition to the original drawing, City has provided a full-scale framed reproduction of the Artwork ("Reproduction") to the Museum for exhibition purposes while the original Artwork is in storage and which, for the purposes of this agreement, receives the same treatment as the original and shall be included in the definition of Artwork in this agreement; WHEREAS, FWMSH owns and operates the Fort Worth Museum of Science and History located at 1600 Gendy Street, Fort Worth, Texas, and has provided storage of the Artwork since 2011 (pursuant to City Secretary Contract No. 41591) and is willing to continue long-term storage and temporary exhibition of the Artwork; and WHEREAS, City and FWMSH desire to revise and restate this Agreement to provide for the terms of the loan of the Artwork. NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: ARTICLE 1 OWNERSHIP & REPRODUCTION 1.1 Ownership. a. City shall maintain full and exclusive title, ownership, and control of the Artwork and all reproductions throughout the term of this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 1 of 16 b. City shall also retain the right to create reproductions of the Artwork for any purpose whatsoever, including, but not limited to, creating any full-scale reproductions for exhibition at locations other than the Museum. If the City creates reproductions of the Artwork during the tern of this Agreement, then the City may denote that the original Artwork is in the care of the FWMSH. C. City shall insure the Artwork for its full value for the term of this agreement. d. City shall maintain photography of the Artwork and manage the rights and reproduction policy for the Artwork. e. City shall have the right to enter the Museum at mutually agreed upon times and in accordance with the terms of this agreement. The City retains the right to supervise the care and maintenance of the Artwork through its established Public Art Program and in accordance with the City's Exhibition and Storage Policy as defined in Article 2 and attached hereto as Exhibit `B". 1.2 Reproducing the Artwork a. FWMSH shall have the right to photograph or otherwise reproduce the Artwork in any medium for purposes of catalogue publication, record, education, or publicity under the same rules and regulations as those now or hereinafter pertaining to objects in FWMSH's own collections. b. Unless otherwise stated in writing, all reproductions by FWMSH shall contain a copyright notice substantially in the following form: "Courtesy of the City of Fort Worth, Buildings.for Pleasure Grounds Parks & Playgrounds / Fort Worth, Texas, 01935, Wyatt C. Hedrick & Elmer G. Withers Architectural Company Inc. Associated Architects." C. All inquiries by FWMSH regarding the Artwork should be referred to the Contract Manager. ARTICLE 2 STORAGE & EXHIBITION 2.1 Storage a. FWMSH shall take all reasonable measures to insure against loss, damage, or deterioration of the Artwork. FWMSH shall report in writing to the City any evidence of damage, regardless of cause, throughout the term of this Agreement. b. FWMSH shall store the Artwork in the exhibition crate provided by City in climate -controlled storage at no cost to the City and in accordance with the City's Exhibition and Storage Policy attached hereto as Exhibit `B" which was reviewed and approved by the Fort Worth Art Commission on October 11, 2021. C. FWMSH shall keep the Artwork physically located and secured at the Museum without alteration and in accordance with the City's Exhibition and Storage Policy unless mutually and expressly agreed upon in writing in advance of a change in location. d. In the event that the Artwork is damaged, destroyed, lost, or stolen, FWMSH shall give the City prompt telephone notice, followed by written confirmation. The report of damage or loss shall provide a description of the extent and circumstances surrounding the damage or loss. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 2 of 16 C. City shall administer regular reviews of the condition of the Artwork through its Contract Manager in coordination with the FWMSH. City and FWMSH shall schedule a date and time convenient for both parties to access the Artwork without any unreasonable delay on the part of the FWMSH. City may provide periodic environmental testing in the Artwork's exhibition areas following the installation of the Artwork. 2.2 Exhibition. a. FWMSH may exhibit and program the Artwork at no cost to the City and in accordance with the City's Exhibition and Storage Policy. "Program" means and includes any services, educational opportunities, or projects that involve the Artwork. FWMSH shall coordinate any exhibition schedule of the Artwork with the Contract Manager. b. City shall furnish FWMSH with information about the Artwork for materials supporting exhibition or programming. C. FWMSH shall ensure that the City's approved credit information, including, but not limited to, title, date, and artist, are prominently displayed directly next to the Artwork. d. FWMSH shall maintain exhibition and storage records and supply City with any and all copies of those records on an annual basis or upon request. e. FWMSH shall be responsible for all costs related to (i) the design, fabrication, and installation of exhibitions, including the Artwork, (ii) the installation and materials for appropriate lighting for the Artwork, and (iii) all handling and transportation costs between the Museum Facility and any approved Storage Facility. f. FWMSH agrees to pay and provide for all promotional materials related to exhibitions including the Artwork. ARTICLE 3 MAINTENANCE AND REPAIRS 3. Maintenance and Repairs. a. No alteration, restoration, cleaning, or repair will be undertaken on the Artwork without the written authorization of City. b. FWMSH shall reimburse the City for costs associated with insurance deductibles should repairs to the Artwork be necessary as a result of negligence by the FWMSH, vandalism, and/or injury by any invitee of the FWMSH, and/or neglect to the Museum while the Artwork is in the possession of the FWMSH. C. City shall be responsible for costs associated with insurance deductibles should repairs to the Artwork be necessary as a result of acts of God. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 3 of 16 ARTICLE 4 TERM & TERMINATION 4.1 Term. This Agreement shall have an initial term beginning upon the execution of this Agreement by the City and ending five (5) years from said date. Upon the expiration of the initial terra, this Agreement shall automatically renew from year-to-year on an annual basis for a term of one (1) year, until terminated as provided herein or unless otherwise agreed by the Parties. FWMSH and City enter into this Agreement with the understanding that the Artwork will remain at the Museum until the Agreement is terminated. 4.2 Termination. a. This Agreement may be terminated by either party upon sixty (60) days written notice to the other party. Removal shall occur within ninety (90) days of the termination of the Agreement, unless this period is extended in writing by City. b. City may terminate the Agreement at any time at its sole discretion upon thirty (30) days written notice to the FWMSH should the FWMSH fail to substantially perform the FWMSH's agreed upon responsibilities. Should the City elect to exercise this right of termination, FWMSH expressly agrees and warrants that the Artwork shall be removed, and the Artwork restored to its prior condition. Such removal shall occur within ninety (90) days of the termination of the Agreement, unless this period is extended in writing by the City. ARTICLE 5 INDEMNIFICATION 5.1 Generallndemnity. a. FWMSH COVENANTS AND AGREES TO AND DOES EXECUTION, PERFORMANCEHARMLESS, 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, ORANYOTHERHARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM THE ACTS, ERRORS, OR OMISSIONS OF FWMSH AND/OR FWMSH'S CONTRACTORS AND SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 4 of 16 REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. b. FWMSH 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 FWMSH in connection with or incidental to performance under this Agreement. c. FWMSH shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. 5.2. Intellectual Property. a. FWMSH 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. City expressly assumes no 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 FWMSH without the appropriate licenses or permissions being secured by FWMSH in advance. IT IS FURTHER AGREED THAT FWMSH 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 FWMSH'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 FWMSH. b. FWMSH shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. c. All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 6 INSURANCE FWMSH shall meet all the following insurance requirements for this Project. If FWMSH subcontracts production, transportation, and/or installation of the Work, then FWMSH shall also require his/her subcontractor(s) to abide by all of the following insurance requirements. PUBLIC ART PROJECTS - INSURANCE REQUIREMENTS Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 5 of 16 FWMSH shall meet all the following insurance requirements for this Project. If FWMSH subcontracts fabrication, transportation, and/or installation of the Work, then FWMSH 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 FWMSH and is considered to be in the FWMSH's care, custody, and control and shall include property "in transit." 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 FWMSH and/or FWMSH'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 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. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 6 of 16 FWMSH 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 cover age 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. ARTICLE 7 MISCELLANEOUS 7.1. Compliance. FWMSH shall comply with all Federal, state, and local statutes, ordinances, and regulations applicable to the performance of FWMSH's services under this Agreement. 7.2. Entire Agreement. This writing embodies the entire agreement and understanding between the Parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 7 of 16 7.3. 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. 7.4. 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, or 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. 7.5. 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. 7.6. 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 FWMSH and their respective successors and permitted assigns. 7.7. No Third -Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and FWMSH, and any lawful successors or assigns thereof, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 7.8. Severability. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, then the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. 7.9. Force Maieure. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts; national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 8 of 16 delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. 7.10. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel, have had an opportunity to review and revise this Agreement and that the normal rule of contract construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 7.11. Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of or interpretive to this Agreement. 7.12. Right to Audit. FWMSH agrees that City will have the right to audit the financial and business records of FWMSH that relate to the performance of this Agreement (collectively "Records") at any time during the Term of this Agreement and for three years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three years thereafter, the FWMSH shall make all Records available to the City at 100 Fort Worth Trail, Fort Worth, Texas 76102, 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. FWMSH 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 7.13. Survival Provision. The provisions contained in Articles 2 (Storage and Exhibition), 5 (Indemnification), and 7.12 (Right to Audit) shall survive the termination or expiration of this Agreement. 7.14. Counterparts and Electronic Signatures. 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 shall be as legally binding for all purposes as an original signature. 7.15. Time Extensions. The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this Agreement. ARTICLE 8 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: CITY OF FORT WORTH: Dana Burghdoff, Assistant City Manager Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 9 of 16 City Manager's Office City of Fort Worth 100 Fort Worth Trail (formerly Energy Way) Fort Worth, Texas 76102 Copies to: Leann D. Guzman, City Attorney Office of the City Attorney City of Fort Worth 100 Fort Worth Trail (formerly Energy Way) Fort Worth, Texas 76102 Anne Allen, Public Art Program Manager Arts Fort Worth 306 W Broadway Avenue Fort Worth, TX 76104-1200 FORT WORTH MUSEUM OF SCIENCE AND HISTORY: Regina Faden, President 1600 Gendy Fort Worth, Texas 76107 [Remainder of page intentionally left blank.] Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 10 of 16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF FORT WORTH lid "dof§5 07:4 : 0 CST) Assistant City Manager RECOMMENDED FOR APPROVAL By: + L't-1l' - Mi�iin larkark (Nov 21, 202514:50:19 CST) Fort Worth Library Director 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. Anne Allen Public Art Program Manager APPROVED AS TO FORM AND LEGALITY: Tr ualls Assistant City Attorney ATTESTED BY: �.p4n4Un� 01 G J6. �V6 °T.d d� � o° J ette S. Goodall City Secretary Qa 00000000°° aa� aEXASobp Form 1295: M&C: N/A FORT WORTH MUSEUM OF SCIENCE AND S RY by: Re 'na Faden President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 11 of 16 Exhibit A: Artwork Artist: Wyatt C. Hedrick and Elmer G. Withers Architecture Company Inc. Title: Buildings for Pleasure Grounds, Parks and Playgrounds Date: circa 1935 Medium: Graphite, gouache, watercolor, silver metallic paint Owner: City of Fort Worth Dimension: 30.5" x 85" For the purposes of this agreement, the full-scale framed reproduction of the Artwork ("Reproduction"), receives the same treatment as the original and shall be included in the definition of Artwork in all references to the Artwork in this agreement. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 12 of 16 Exhibit B: Exhibition and Storage Policy Guidelines for the Exhibition and Storage of the Hedrick's/Withers Architectural DrawZng In 2001, the City of Fort Worth established Fort Worth Public Art through City Ordinance #14794 and established a nine -member, mayor appointed Art Commission (FWAC) to oversee its administration and to act as an advisory board to the City Council. The City of Fort Worth Public Art program has four established objectives: • To create an enhanced visual environment for Fort Worth residents • To commemorate the city's rich cultural and ethnic diversity • To integrate the work of artists into the development of the city's capital infrastructure improvements, and • To promote tourism and economic vitality in the city through the artistic design of public spaces The Arts Council of Fort Worth & Tarrant County administers the Fort Worth Public Art (FWPA) program including management of the FWPA collection_ In 2007, the Fort Worth Art Commission accessioned the architectural proposal for the Will Roger's Memorial Complex — a rendering created by Fort Worth architects Wyatt C. Hedrick and Elmer G. Withers and entitled Buildings for Pleasure Grounds, Parks and Playgrounds — into the Fort Worth Public Art Collection. A conservation treatment in 2009 including archival framing was completed for the purposes of protecting this unique cultural artifact for historic reference and public exhibition. This policy provides guidelines and procedures to accommodate exhibition and storage for this artwork and its facsimile(s): Title: Buildings for Pleasure Grounds, Parks and Playgrounds (circa 1935 ) Author: Wyatt C. Hedrick & Elmer G. Withers Architectural Company Inc. Description: An architectural rendering of the proposed buildings in the Will Rogers complex including the coliseum, memorial tower, auditorium, casino, and automobile exhibition building. Rendered on cream colored western wove paper, the base color of the paper used as the color for the buildings, drawn details and text are executed in graphite, with text and highlighted areas in water -based gouache, acrylic medium, watercolor, ink and silver metallic paint. The drawing is mounted overall to archival 8-ply rag may board and framed with archival quality materials and Plexiglas glazing Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 13 of 16 Housing: Plan Measures: 30 '/a" x 85", is framed using acid free rag board as a backing board solidly affixed to the verso of the plan using starch adhesives. Archival methods used to install item into frame with the exception of the Plexiglas which has standard UV protective glazing. E_YHIBITION PLACEALEtiT FOR ORIGINAL: Recommended exhibition sites shall be compatible with the sensitive nature of the artwork. Natural light from windows or skylights should be excluded and all UV light should be eliminated from the exhibition space. ■ The Fort NVorth History exhibition galleries are the most subject and environmentally sympathetic site for display of the artwork • The FWSHIII shall exhibit and program the artwork meeting the exhibition restrictions detailed in the attached long term loan agreement • The FWSHli I shall provide dates, terms and all exhibition details in advance of in-house exhibition and publication to the FWPA Collection Manager • The FWSBAI shall provide credit lines during exhibition and in all promotional materials to read as: Buildinzs for Pleasure Grounds. Parks and P1aiwounds l Wyatt C. Hedrick and Elmer G. Withers Architecture Companv hrc. ,4ssociated .4rchitects !circa 19351 / courtesy of the On- of Fort Worth Fort Worth Public Jrt ■ The FWSHM shall notify handling of Artwork to FWPA Collection Manager in advance of movement and agrees to provide proper transportation to and from off -site storage at no expense to the City ■ FWSHNI shall not negotiate off -site loans of the Artwork or its facsimle Exhibition Records: • The FWSHM's Registrar or Collection Manager's office shall maintain and monitor exhibition records tracking hours of exposure during exhibition for the original work of art, as well as time in storage ■ The Registrar will make available a copy of exhibition records to the FWPA Collection Manager Prescribed Temperature and Relative Humidity (Display & Storage): Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 14 of 16 ■ Temperatures should be maintained at 721F +/- 41 during summer months (typically late May) and 70°F +/-4° in colder months (typically late October) • Relative humidity during all times of the year should achieve 50%+/-5% Prescribed Exhibition LLohting: Due to light sensitivity, it is best to display the original artwork judiciously with periods of storage in darkness. As noted above, a record tracking time on exhibition and storage must be kept and recorded by the registrar's office. In addition: ■ Ultra violet should be eliminated entirely or substantially mitigated, not to exceed 10 microwatts/lumen It Lighting should be kept at 3-415c (foot candles), not to exceed 1 Ornicrowatts/lumen for a duration of 300 hours, or 35 days per year followed by one year of storage. [Museums often exhibit for four months followed by four years of storage. Exhibition duration should not exceed four months at a time.] Light levels ina}y be controlled front the cans/spots from above using filters to eluninate UV light. Prescribed Rest • A calculation based on recommended lighting in relation to exhibition display will dictate length of rest ■ A custom exhibition crate accompanies the loan and is fitted to store both the original and the facsimile (either individually or together) during times when the artwork is not on display EX-MBMO\ PI —.CEMENT FOR FACS3511LE: A scale, archivally framed facsimile to be displayed in place of the original during periods of rest accompanies the loan. Although it is best to eliminate natural Light from display areas, tolerance in displaying the facsimile could be more flexible. Secondary locations could be alternates for the facsimile only. ■ As with the original, the Fort N'Z'orth History exhibition Galleries are the most subject and environmentally sympathetic site for display of the facsimile in the museum. The facsimile could be displayed in place of the original artwork while the original is in rest = The V floor landing is suitable for display of the framed facsimile. However, because of exposure to excess light and fluctuating temperature and relative humidity the Pfloor landing is not be an appropriate site for the original Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 15 of 16 I ; LVAVA : FA ■ Other sites may be appropriate but should be vetted before exhibition with the FWPA Collection Manager ■ Exposure to elevated UV light and natural light will cause the dyes in the digitally printed facsimile to fade much faster than if they had not been exposed to UV ■ The FWSHM shall provide credit lines during exhibition and in all promotional materials to read as: Buildings for Pleasure Grounds. Parks and Play rorards l Wyatt C. Hedrick and Elmer G. Withers Architecture Compam! Inc. Associated .Architects (circa 1935) i Digital Reproductionicourresr of the City of Fort J-Eorth /Fort Worth PublicArt STORAGE: ■ The provided exhibition storage crate accommodates either the framed original or the framed facsimile or both concurrently ■ Storage temperatures should be maintained at 721F +/- 41 during summer months (typically late May) and 70°F +/-4° in colder months (typically late October) ■ Relative humidity during all times of the year should achieve 50%+/-5% ■ The crate should be stored at least 6" off the ground on a palette or equivalent to protect against exposure to water/leaks • The crate should be kept closed to protect the contents from light, dust, or water leaks • The crate should be marked to indicate its current contents as the original or facsimile is removed or returned. Markings should also include ownership information, easily seen from both sides of the crate ■ When waiting to install in the exhibition space or into its crate in storage, the framed original should not be left directly on the floor, rather it should be placed on padded blocks or an art cart. When de -installed the object should not wait more than 24hours to be secured in its storage crate. Following these guidelines will help guard against accidental damage, and unintended light exposure. Agreement between the City of Fort Worth and Fort Worth Museum of Science and History for Public Art Loan and Storage Page 16 of 16 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth Museum of Science and History Subject of the Agreement: Long Term Loan of Artwork M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No © Previous agreement CSC41591 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 11/19/25 If different from the approval date. Expiration Date: 11/19/30 If applicable. Is a 1295 Form required? * Yes ❑ No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No Contracts need to be routed for CSO processing in the followin order:. 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.