HomeMy WebLinkAboutContract 29723 Q7`YSECRETAfjr,,?
CONTRACT
AGREEMENT FOR DESIGN OF PUBLIC ART WORK
AGREEMENT BETWEEN "n-11] CITY OF FORT RT WORTH
AND DONALD LISP S I
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This Agreement, entered 1n.to this f �
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by and between the CITY OF FORT ORJ""H, a municipal corporation, located in
Tarrant County, Texas, (the "City"") acting by and through its dull authorized City
Manager or his designee and DONALD LIPSK (the "Artist"), residing at 8
Hampton, SaR Harbor, NY l 1 9 3. The City has designated the ARTS, COUNCIL F
F RT WORrlH & TARRANT COUNTY INC. (the "Contract Manager') to manage
this AGREEMENT on its behalf.
WHEREAS,, the ftinds from the CITE" OF FORT WORTH PUBLIC EVENTS
i EPAR"rM,ENT and their FORT WORTH CONVENTION ENTER Facility (the "City
Facility") have been allocated. c r the selection, design, and placement of works of ark at,
in, or near said City Facility, and,
WHEREAS, the Artist was selected by the City through a selection process
conducted by the Contract Manager with oversight of-the Fort Worth Art Commission to
design, fabricate and .install a three-dimensional work of art entitled Texas Star (the
"Work"), composed of naturally shed deer and elk antlers to he suspended in the 121h
Street Entrance Lobby of the Fort, Worth Convention Center, 1201 Houston Street, Fort
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£rth, rrx 7610l2, more particularly described in Exhibit "'A" hereto (the "'Site"'),- and,
WHEREAS, the City requests that the Artist niodtfy his design by substituting,
other materials that more specifically reflect the heritage of Fort Worth for the antlers-
NOW,, TL-1EREFO , the City and Artist for and in consideration of the
covenants, and agreements hereinafter set forth, the sufficiency of which is hereby
acknowledged, agree as lbws
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ARTICLE I
SCOPE OF SERVICES
1.1. General.
a. Artist shall perform all services and furnish all supplies, materials,
and equipment as necessary for aesthetic and structural design review of
the Work, as modified per infra, for approval by the City.
b. Artist shall coii-isult with advisors designated by the City so that he
may propose design modifications to substitute other materials that in his
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judgment reflect the heritage of Fort Worth.
cl. Artist shall consult with a qUalified art conservator and shall
prov v*
de written maintenance re commendations for the sculpture, as
modified,, from said conservator to the Contract Manager.
d. Artist shall make one trip to Fort Worth to present his modified
design to City officials, as requested by Contract Manager.
1.2. Pro Posal P-')election.
City and Artist acknowledge that the Artist's Preliminary Proposal,
attached hereto as Exhibit "B,':' as reviewed and. recommended by the Fort
Worth Art Commission, with modifications requested by the Fort Worth
Convention Center Steering Com-i-nittee, is the basis for executing this
design services Contract with the Artist.
1.3 'Btad g t Total
Artist's finished design shall include abudget t"Or the complete fabrication,
delivery and instaIlation of the Work, lighting, and engineer's seal for a
total not to exceed 'TWO HUNDRED SIXTEEN 'FHOUSAND
DOLLARS AND NO CENTS ($216,000) plus contingency as may be
needed to accomplish a,ceiling-s,uspended installation of the sculpture.
1.4. Qe,sign 'Review.
a. Within three (3) months after the
Agreement, the Artist shall prepare and submit,to the C
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L Detailed final design drawings I-or all elements of the Work
that shows its size and placement in relation to the site for
review and approval by the City,;
2. Detailed working drawings, detailing the means of installing the
Work on the site,, together with such other graphic material as
may reasonably be requested by -the City in order to permit the
City to carry out structural design review and to certify
compliance of the Work with applicable statutes, ordinances
and regulations. These drawings must have a licensed
Engineer's and 'c Arch,litect"s, seat on work as required by the
City- andt
3. Written narrative description of the final des,ign, specifications
of lighting fixtures and placement, and maintenance
requirements written by a qualified art conservator.
b. Upon request by the Artist, the City, the City Facility
architect, engineer and/or prqjject manager shall promptly furnish all
information.., materials, and assistance required by the Artists in connection
with said submission to the extent such materials are available. The City,
upon request, shall also provide correct scaled drawings of the site, if
available.
C. The City may require the Artist to make such revisions to
the Proposal or its design as are necessary for the Work to comply with
applicable statutes, ordinances or regulations of any governmental
regulatory agency having Jurisdiction over the City Facility for reasons of
safety and security. In requesting such revisions, the City shall make
every effort to accommodate the Artist's aesthetic concerns. Upon request
by the Artist,, the City facility architect or engineer shall seal such revised
proposal and working drawings,.
d. The City may also request revisions to the
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other practical, non-aesthetic, reasons.
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e. The Artist's -fee shall be equitably adjusted for any increase
,n the Artist's cost of or time requirect tor, performance of any services
under this Agreement as a result of revisions made under this Section 1.4.
Any claim, of the Artist for adjustment under this Section must be asserted
in writing within thirty (330. days of the date of the rev i silon by the Artist.
f. Within thirty (30) days of its receipt of the Artist's
submission pursuant to this Section 1.3. the City shall, notify the Artist of
its approval, or disapproval, of such submission and of each revision made
in the Proposal. Revisions made pursuant to this, Section L3, upon
approval by the City, shall become part of the Proposal.
9. If the aforementioned submission or any required revision
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is disapproved by the City, the Artists shall have thirty (301) days to
resubmit the materials in conformance with the City's requirement.
h. If resubmitted materials are not approved by the City this
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contract may be terminated at the City's option, with payment per the
payment schedule in Section 2.L
L If the Design is accepted by -the City, this Agreement shall
terminate upon final payment, to the Ar�tist for his design services and
negotiations for f"abrication, delivery and installation of the Work shall
commence.
ARTICLE 2
COMPENSATION AND PAYMENT SC1IEDLJL,E
2.1. FIXeG ree.
The City shall pay the Artist a fixed fee of]"WENTY-FOUR THOUSAND I)OLLARS
(24,000). which shall constitute full compensation for all services and materials to be
perf'on-ned and ftirni'shed by the Artist under this Agreement, including one trip to Fort
Worth. The fee shall be paid in the following installments, ex
red or
portions) of such fixed 1"ee, each installment to represent full nd", r le
payment for all services and materials provided prior to the due ate.?
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a. Thlrty-five percent (35%) upon execution of this Agreement,
recognizing the Artist has already invested time and expense
preliminary design coordination with the City and its consultants.
b. Eorty _percent (40%) within thirty (30) days after the Artist
,submits, all materials required for the approval of the detailed design
drawings, working drawings and other items outlined in Section 1.4.a.
C. Twentv-fiy�g_Te,rcent (25%) within thirty (30) days after the City
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oti fies the Artists of its approval of detailed design drawings, working
drawings and other items required under Section 1.4,.a. In the event that
the City does, not approve the detailed drawings, the Artist shall be offered
the opportunity to make such corrections as may reasonably be requested
for non-aesthetic reasons. In the event 'that the City still falls, to approve
the drawings, the Artist shall be entitled to be paid the twenty-five percent
(25%) remaining of the fixed fee and this 'agreement, shall terminate with
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no further obligation of either party to each other.
2.2. Sales Taxes.
The City is a tax-exempt organization and no state or local sales taxes or federal, excise
taxes shall be due upon the Work. The City shall supply Artist with the "Texas Sales -fax
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and Local Sales "I ax ft xemption Certificate", in substantially the sm-ne form as that
attached hereto and incorporated herein as Exhibit tIC111,
2.3. Artist I s, Expenses.
The Artist shall be responsible t*or the payments of all Mailings or shipping charges,
including insurance on submissions to the City-, subcontractor costs of the Artist, with the
exception of the fee charged by the City facility architect or engineer to seal Artist's
revised proposal and working drawings (see Sections L4.a.2. and 1.4.c.), which shall be
reimbursable upon submission of appropriate documentation,*, and, the costs of all travel
by the Artist over and above one trip to Fort Worth (see Sections 1.Ld. and 2.1), unless
required by Contract Manager and approved in advance by the City. City approved, travel
by the Artist shall be reimbursable upon submission of appro riate documentation with
the exception f'one trip to Fort, Worth (see Sections, 1.Ld. an
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ARTICLE 3
REPRODUCTION RIGHT
3.1. General.
The Artist retains all reproduction rights Under the Copyright Act of 1975, 17 U.S.C. §§
l et. seq., and all other rights in and to the Work except as such rights are limited, by
this section 3. Without limiting the foregoing, the qty shall also not be entitled to use
y of the ideas presented by the Artist in the event that the work is not fabricated and
installed by -the Artist.
3.2. Artist's Address.
The Artist :Tall notify the City of changes in address.
3,3 w Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or
legal incapacity° ty `the Artist.
ARTICLE 4
ARTIST AS INDEPENDENT CONT CTO
The Artist shall perform al.l work and services hereunder as an independent contractor,
and not as an officer, ,agent, servant or employee of the City. 'Fhe .artist shall have
exclusive control of, and the exclusive right to control the details of the work performed
hereunder and ill persons performing, same. .nd, shall he solely responsible for the acts
and orr isslons of his/her officers, agents, employees and subcontractors. Nothing herein
shall, be construed as creating a partnership or l venture between the City acid the
Artist, his/her officers,, agents, employees and subcontractors, and d doctri e of'resp,ondeat
superior has no a .*cation as between the City and the Artist.
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AR'l`lCLE 5
-CONTRACT MANAGER
The Contract Manager for this Agreement shall be the Arts Council of Fort Worth &
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Tarrant County, Inc., acting through its designated Public Art Director.
ARTICt,E 6
MISCELLANEOUS
6.1. Comp lance.
`fhe Artist shall comply with all Federal, State and City statutes, ordinances and
regulations applicable to the performance of the Artist services under this Agreement.
6.2. 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.
6.3. 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 the City.,
6.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of
arty subsequent default of any ternis, 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.
6�.5. Govemip Law an d Venue.
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This Agreement, regardless, of where executed or perfori-ned, shall be governed by and
construed in accordance with the laws of the State of Texas. Venue for any litigation
arising from this Agreement shall be in 'farrant Cunt'", Texas.
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6.6. Successors and Assi.gns.
This Agreement shall be binding, upon and shall inure to the benefit of the City and the
Artist and their respective successors and perinitted assigns.
ARTICLE 7.
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NOTI Et'
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 FORTWORTH: Libby Watson, Assistant City Manager
City Manager's Office
City of Fort Worth
10010, Throckmorton Street
14"ort Worth,, TX 76102
Copies to: David Yett, City Attorney
Law Department,
1000 1"hr ockmOrton Street
Fort Worth, TX 76102
Martha Peters, Public Art Director
Arts Council of Fort Worth & Tarrant County
13010, envy Street
Fort Worth `IX 76107
2. ARTIST' Donald Lipski
81 Hampton
Sag Harbor, NY, 1]963
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IN WITNESS HEREOF, the parties hereto: have executed this Agreement on this
day and year first written above.
CITY OF RTWORTH
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EXHIBIT 'l"A"
Donald L,ipski
32 Beach Road/ P.O. Box#1344
Am�ag Iseft, New York 11930-1344
T'el/fax 631-537-5770
11*p1and@earth11'nk.net
A PROPOSAL FOR THE
FORT WORTH CONVENTION CENTER
In For Worth, where, the West begins,, "Too much in enough." Thus, I began my
search for the biggest, cleanest wall in the Convention Center, and found it 'in the 12"
Street,Lobby.
This is a great site for many re as ns:
-,It is centrally located
-After the Grand Lobby (which is already graced by such features as the "belt
buckle floor" and the chandeliers), it is particularly well traversed
The main wall is, dramatically viewable from the ground flo or, mezzanine,
second level, balconies, walkways and escalators.
I propose a large (perhaps, 30' across) Texas Star composed of lots & lots of Antlers.
These would be put together 'in a style reminiscent of antler chandeliers, a Texas folk-art
tradition. Using the antlers shed annually by Texas's plentiful and graceful white-tailed
deer population,I will create a star of truly heroic proportions.
The sculpture would be hung some distance off the wall, giving it great physicality and
creating a mist of shadows. The wall itself would be a n*ch and beautiful color, setting
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cing an impIortant "local" color, p erhaps
e ptur fr
e off om the ll n re
- wa , ad fere n *
BlueBonnet Bluel,or the Red of the Fort Worth Dirt. I would consult with the committee
on this choice.,
This color field would be an oval, echo-Ing the "cowboy belt buckle" in the Grand bby,
and nicely fitting the wall. This could be a panel floated in front of the wall, or perhaps
somewhat recessed.
1 believe this sculpture would be both a beautiful, expressive and dynamic symbol for to
Convention Center, and a beguiling abstraction of power and substance.. It would be
0 11 tail. From a distance,
simple in "Its essence, yet be highly intricate and sensuous 'in its, de i
the huge star would be perceived, and only as one got closer would the surprise of its
composition enter one's awareness.
It would be highly seductive and involving to the wide range of folks who come through,
from school, education and religious groups, to fraternal groups t
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the same time it would be a memorable encounter for the a
audience,.
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EXHIBIT "B"
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uona,ld Li'pski
3I 2 Beach Road / P.O'. Box#1344
Amagansett, New Yor�k 'I 1930-1344
Tel/fax 631-537-5770
llpland@earthlink.net
Fort Wofth Convention Center
Pr liming u..A..q e t
Fabrication $881000
Materials; supplies, labor
Fabrication oversight
On-site installation 48,1000
Re-construction of wall
Painting
Labor
Mounting components,
Clelanuip
Equipment rental
Lighting 1 4 11 000
Lighting design
Fixtures
Eliectri installation
Sihippin 210,00
Materials and finished work to the!site
Storage,, if necessary
Administrative expenses
Travel
Studio expenses
Office expenses
Correspondence and communication
?
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Preliminary Bird et Pa
Insurance 211000
Artwork
General Liability
Texas Worker's Compensation
Automotive Liability
Transportation Coverage
Consultation, Fees 5)00'O
Professional Eng�ine,er licensed in
the State of Texas
Architect
Conservator
Documentation 3,000
Copyright registration fee
Photography of work in progress
On-site d mentatioln of col lleted work
Project oversight 12700,0
Artist's fee 481000
Preliminary design
Design,development
Shop drawings and Contract Development
Total, $2401000
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tIORTWORTH
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TEXAS CERTIFICATE OF EXEMPTION
I claim exemption ire payment of sees and use taxes for the purchase of able
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items described below or on the attached order or invoice.
Description. of Items: (or an attached order or invoice) To Be Purchased:
All Items
claim the exemption for the following reason-.
Came of exempt organization: gty_of"Fort Worth
Texas Sales and Use Tax Permit Number -75-6000528-6
Project for which materials and supplies are purchased:
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understand that I will be liable for payment of sales tax, which may become due for
failure to comply with the provisions of the state, city, and/or r etropol t transit
autho ty sales and use tax laws and comptroller rules regarding exempt purchases..
Liability for the tax will be determined by the pace paid for the taxable items, purchased
or the fair market rental value for the period of time used*
understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time cif-the purchase, Will e used in a manner other
than that expensed iu this certificate ad, upon conviction, may he Pined up to $500 per
offense.
Tax Exempt Status Due to Being ,a.Governmental Fruit
Purchaser-. Ci of Fort Worth
Street Address: 1000 Throckmorton Street
City, State, Zip Code: Fort Worth T iexas76102
Sign Here: Date: Phone (81Z) ' -8
J es R.Keyes,Dir ector Finance
This certificate does not require a number to e valid. Sales and use tax "exemption
num ears" or ",tax exempt"numbers do not exist.
This certificate should he furnished to the supplier. Do not send the completed certificate
to the Comptroller of Pu lie Accounts.
EXHIBIT "C
C
iry of Fort Worth, Texas
M'av,or and Councl"I Communi ca I ti on
COUNCIL ACTION: Approved on 21'24 20
DATE.,- Tuesday, February 24, 2004
LOG NAME 25LIPSKIART REFERENCE NO.10 C-1997'81
SUBJECT:
Authorize the City Manager to Enter Into a Design Contract and an, Artwork Commission Contra,ct
with Donald Lipski for a Sited Sculpture for the Fort Worth Convention Center
RECOMME,ND&TION.
It is recommend that the City Council.*
1. Authorize the City Manager to enter into a design, contract with Donald Lipari for design modifications,
and engineering for a sited sculpture for the Fort Worth Convention Center in the amount of $24,0100, as
authorized on July 29, 2003 (M&C C-119682); and
2. Authorize the City Manager to enter into an artwork commission contract with Donald Llpski for
fabrication, delivery, and installation of a sited, sculpture for the Fort Worth, Convention Center (F'WCC) upon
the City's approval of the artist's final design in the amount of $216,000, as authorized on ,duly 29, 2O03
(M&C C- 9682); and
3. Authorize the City Manager to increase the artwork comimi's,sli,on, contract by an amount not to exceed
$301,000, in contingency funds, as may be required, based upon final, budget estimates for installation for a
total not to exceed $270,000, as authorized on July 29, 2003 (M&C C_1 9682).
DISCUSSION:
On July 29, 2003 (M,&C C-19682), the City Council authorized $500,0100 in the Public Events Fund to be
used for the acquisition, delivery, and, installation of public art at the Fort Worth Convention Center (FWCC .
on July 8,, 2,003, the Fort Worth Art Commission (1 A) recommended that the City commission Donald
Lipari to fabricate, deliver, and install his proposed Texas, Star, a large scale, three-dimensional wall-
mounted sculpture to be sited in the 12th Street lobby of the F' CC.
On November, 3, 2003, Mr. Lipski presented his original nal proposal to the FWCC Expansion and Renovation
Steering Committee. The Committee approved the overall concept and suggested, location, but requested
that Mr. Lipski propose other materials and a shape that more closely reflects the heritage of Worth.
The design contract's scope of'services will include presentations of new designs to both the FWAC and the
FWCC Expansion and Renovation Steering Committee, as well: as installation drawings, with an engineer's
seal and a, detailed budget for all costs associated with the fabrication, delivery, and inistaillati,on, of the
sculpture. The artwork commission contract is contingent upon Mr. Lipski, securing -design approval of-the
FWAC and the FWCC Expansion and Renovation Steering Committee.
The artist's original budget estimate was $240,000; however, due to engineering considerations, the artwork
must be suspended from structural ceiling beams, which will be more costly to install. Up to $30,000 in
contingency funds are available to offset increased installation costs, as may be needed to, successfully
Logname: 25LIPSKIART Page I of 3
'Zccomplete the work.
Artist Selection Process Summarw
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In Summer 2002, the FWAC and the Arts Council of Fort Worth and Tarrant County,, Inc., which manages,
th,'City's public art program under a contract for services, were asked to conduct an artist selection, process,
and relcom�menid artworks for the FWCC expansion that would' have Impact and be enduring and reflective
of Fort Worth's heritage, and relate well with, the building's architecture. The FWAC nominated nearly 100
local, regionall and national artists, and in February, 2003, invited them to submit qualifications, Including a
letter of interest, resume, and slides of past work. On March, 14, 2003, the selection panel reviewed the
qualifications of 45 artists who responded to the Request for Quotation (RFQ). Nine finalists, were chosen,
Including:
Ed and Linda Blackburn, Fort Worth, Texas; and
Dan, Corson, Seattle, Washington, and
Vernon Fisher, Fort Worth, Texas; and
• Charles Mary, Kubricht, Mar a,, Texas; and
Beniot Huerta, Arlington, Texas; and
Donald Li'pski, Amagansett, New York; and
* Jody Pinto, New York, New York; and
* Ann Stautberg, Houston, Texas; and
Sally Weber, Austin, Texas.
On April 4, 2003, the finalists visited Fort Worth to tour the FWCC and to conduct research. On July 7,
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2003, they returned to present their proposals to the selection panel. After careful consideration, Donald
Lipski and Vernon Fisher's proposals were recommended. The selection panel (voting) was.-
Mark Thistlethwalte, Ph. ., TCU Chairman of Art History and Chairman,1 FWAC
Javier Aldape, Publisher, Diario La Estrella (Star-'Telegram) and FWAC Member
Helen Sides, Director, Culture Center of the Americas and FWAC, Member
Rick Stewart, Director, Amon Carter Museum and FWAC Member
Michael A,uping, Chief Curator, Modern Art Museum of Fort Worth
Steve Brubaker, Principal Design Architect, HOIK Architects
Kirk Slaughter,, Director,, Public Events Department
Donald Lipski has complied with the M/WBE Ordinance by committing, to 15% M/W,BE participation of the
Comm,is,sion hard cost. The City's M gloial on this project isl 5%.
This project is in COUNCIL DISTRICT 9.
FISCAL INFORIVIATIONXERTIFICATIONO 0
The Finance, Director certifies that funds are available in the current capita,ll budget, as appropriated, of the
Public Events Fund.
TO, Fund/Ac,counVCenters FROM Fund/AccounVCenters
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C1 92 531200 020192067002 $27OtOOO.00
Submitted for y Joe Pan,ia,gua (61,40)
Libby Watson (6183)
inatina- Det)artment Head* Kirk Slaughter (2502)
Additional Information Contact: Betty Tanner (2,502)
Logname: 25LIPSKIART Page 2 of 3