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HomeMy WebLinkAboutContract 46634 CITY SECR>ETAW3 CONTRACT ISO. 4­ ARTWORK ACQUISITION AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CAMERON SCHOEPP This Agreement is entered into this' day of 2015, by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and Cameron Schoepp, an individual, of 3308 W. 4`h Street, Fort Worth, Texas, 76107. The City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to manage this Agreement on its behalf. The Contract Manager shall act through its designated public art project manager. WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design work of artists into the development of the City's capital infrastructure improvements, and to promote tourism and economic vitality in the City through the artistic design of public spaces; WHEREAS, City desires to acquire Pollen from artist Cameron Schoepp, which is an artwork comprised of seven granite and terrazzo elements, created and sited in Fall, 2000 at the Fort Worth Botanic Garden as part of a long-term loan to City; WHEREAS, public art funds for the project have been allocated from the Specially Funded Capital Projects Fund and the project was included in the Fiscal Year 2015 Annual Work Plan and Budget approved by City Council on October 14, 2014(M&C C-27031); and WHEREAS, City and Artist wish to set out the terms and conditions under which said acquisition shall be completed to promote the integrity of Artist's ideas and statements as represented by the Artwork. 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 l M DEFINITIONS C--) M As used in this Agreement,the following terms shall have the meanings as set forth below: C 0 I.I. Agreement — Means and includes this Agreement between the City of Fort Worth and Cameron Schoepp for Acquisition of public art. z I'D 1.2. Artist — Means and includes Cameron Schoepp and/or his heirs, executors, administrators, 00 "i legal representatives, successors, agents, subartists, contractors, and assigns. all OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 1 of 18 1.3. Artwork—Means the artwork titled Pollen, which is comprised of seven independent granite and terrazo elements,more particularly described on Exhibit"A,"attached hereto and incorporated herein by reference for all purposes. 1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County, Inc., and/or its officers, directors, employees, agents, subsidiary organizations, parent organization, successor corporations,assigns,predecessors, stockholders,administrators,and related companies. 1.5. City—Means and includes the City of Fort Worth,Texas. 1.6. Effective Date — Means and includes the date represented in the first paragraph of this Agreement,which shall be the official date of execution of this Agreement. 1.7.Parties—Means and includes City and Artist. 1.8. Site — Means and includes the Botanic Garden, 3220 Botanic Garden Blvd., Fort Worth, Texas 76107, which is more particularly described on Exhibit `B," attached hereto and incorporated herein by reference for all purposes. ARTICLE 2 ACQUISITION OF THE ARTWORK 2.1 Acquisition of the Artwork. City shall pay Artist SIXTY-FIVE THOUSAND DOLLARS AND NO CENTS ($65.000.00) as full consideration for all rights, title, and interest to Artwork, except for any rights of copyright. City shall pay this amount to Artist within thirty days (30) after full execution of this Agreement by both Parties. The sales price is based upon an appraisal of the Artwork dated January 30, 2010, a copy of which is attached hereto as Exhibit "C" and incorporated herein for all purposes, which the Parties agree constitutes fair market value for the Artwork. Terms and conditions pertaining to warranties, and indemnity, ownership and intellectual property rights, and Artist's rights are contained in Articles 3, 4, 5, and 6, respectively. Artist will provide City a completed "Artist Technical Maintenance Record," which is attached to this Agreement as Exhibit"D"and incorporated herein for all purposes. ARTICLE 3 WARRANTIES 3.1 Warranties of Title and Copyright. Artist represents and warrants that: a. the Artwork is the original product of Artist's sole creative efforts; b. Artwork is unique and original and does not infringe upon any copyright or the rights of any person; Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 2 of 18 C. Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto that may affect or impair the rights granted pursuant to this Agreement; d. the Artwork is free and clear of any claims, judgments, and/or liens from any source whatsoever; e. the Artwork(or duplicate thereof)has not been accepted for sale elsewhere; f. Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; and g. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc., and with all necessary care, skill and diligence. 3.2 Warranties of Quality and Condition. a. Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. b. Acceptable Standard of Display. Artist represents and warrants that: i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display. ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display. iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including, but not limited to, mold, rust, fracturing, staining, chipping,tearing, abrading,and/or peeling. C. The foregoing warranties are conditional, and shall be voided by the failure of City to maintain the Artwork in accordance with Artist's specifications and the applicable conservation standards. If City fails to maintain the Artwork in good condition, Artist, in addition to other rights or remedies Artist may have in equity or at law, shall have the right to disown the Artwork as Artist's creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork's condition is satisfactorily repaired. 3.3 Survival of Representations and Warranties. The representations and warranties in this Article 3 shall survive the termination or other extinction of this Agreement. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 3 of 18 ARTICLE 4 INDEMNITY 4.1 Intellectual Property. a. Copyright. 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 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 ARTWORK 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. b. Survival All indemnification provisions of this Agreement shall survive the termination or expiration of this Agreement. ARTICLE 5 OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS 5.1 Title to the Artwork. All rights,title, and interest to the Artwork, except for any rights of copyright, shall immediately transfer to City upon payment to Artist for purchase of the Artwork,as set forth in Article 2,and shall be free and clear of any claims,judgments, and/or liens of whatsoever nature. The Artwork shall become property of City,without restriction on future use,except as provided for in this Agreement. 5.2 Copyright Ownership. Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Work for the duration of the copyright. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 4 of 18 5.3 Reproduction Rights. a. In view of the intention that the Artwork be unique, Artist shall not make any further additional exact duplicate reproductions of the Artwork, nor shall Artist grant 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. b. By execution of this Agreement, Artist grants to City a perpetual, irrevocable license to graphically depict or display the Installation Design and/or the Artwork for any non-commercial purpose whatsoever. For purposes of this limitation, any graphic depiction or display of the Installation Designs and/or the Artwork intended to promote or benefit City, its public services or its public purposes, regardless of whether or not a fee is charged to the public, or whether revenue is otherwise received by City, shall be deemed a non-commercial purpose. Notwithstanding the above limitation, Artist agrees and understands that nothing in this paragraph shall affect or limit City's absolute, unrestricted rights incidental to City's full ownership of the Artwork to alter, change, modify, destroy, remove, move, replace, operate, maintain, transport, sell or transfer, in whole or in part, the Artwork when City deems it necessary within its discretion, in order to otherwise exercise City's powers and responsibility in regard to public works and improvements, in furtherance of City's operations or for any other reason. C. All reproductions by City shall contain a credit to Artist and a copyright notice substantially in the following form: "©date,Artist's name." d. Unless notified otherwise by City, Artist shall use Artist's best efforts in any public showing or resume use of reproductions to give acknowledgment to City in substantially the following form: "an original artwork in the public art collection of the City of Fort Worth, Texas." e. Artist may, at Artist's expense, cause to be registered with the United States Register of Copyrights, a copyright of the Artwork in Artist's name. f. City is not responsible for any third-party infringement of Artist's copyright and not responsible for protecting the intellectual property rights of Artist. ARTICLE 6 ARTIST'S RIGHTS 6.1 Identification. The Contract Manager shall include credit to Artist on the Fort Worth Public Art website (www.fwpublicart.org)and a permanent plaque at the site. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 5 of 18 6.2 Maintenance. City recognizes that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. City shall reasonably assure that the Artwork is properly maintained and protected, taking into account the maintenance instructions provided by Artist in accordance Exhibit D. 6.3 Repairs and Restoration. a. City shall have the right to determine when and if repairs and restorations to the Artwork will be made. During Artist's lifetime and to the extent practicable, City shall give Artist the right to approve all major repairs and restorations; provided, however, Artist shall not unreasonably withhold approval for any repair or restoration of the Artwork. Should Artist unreasonably withhold approval of any intended repair or restoration, City shall have the right to make such repair or restoration. To the extent practicable,Artist, during Artist's lifetime, shall be given the opportunity to make or personally supervise major repairs and restorations and shall be paid a reasonable fee for any such services,provided that City and Artist shall agree, in writing,prior to commencement of any significant repairs and restorations, upon Artist's fee for such services. Should Artist fail to agree to make or supervise the repairs and restorations, City shall have the right to choose another entity or person to assist with the restoration and/or repairs or make said repairs by City. b. All repairs and restorations shall be made in accordance with recognized conservation standards (in accordance with the American Institute of Conservation(AIC)Code of Ethics and Guidelines for Practice)and/or construction standards, including,but not limited to,the standards set forth by City. C. City may require Artist to submit professional documents supporting Artist's proposal for repairs and restorations prior to commencement of repairs or restorations. d. When emergency repairs are necessary to prevent the loss of or further damage to the Artwork or to prevent risks to the public, such repairs shall be undertaken or arranged by City without advance notice to Artist,and such repairs shall not be deemed to constitute artistic alteration. 6.4 Alteration of the Artwork or of the Site. a. In the event that the Artwork is incorporated into a building, structure or realty,the installation of the Artwork may subject it to destruction, distortion, mutilation or other modification by reason of its removal. If removal of the Artwork would damage either the Artwork or the Site,City shall have the right to remove the Artwork by any means, including destruction, in performing maintenance, repair, renovation, or reconstruction of the building, structure or in devoting realty to a new use. City may give Artist written notice of its intent to take such action under this paragraph. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 6 of 18 b. In the event that the Artwork is freestanding, or incorporated into a building, structure or realty such that it may be removed without damaging or destroying the Artwork or the building or structure, Artist may be given written notice and ninety (90)days to remove the Artwork at his or her sole expense. Upon Artist's failure to remove the Artwork, City shall have the right to remove and dispose of the Artwork by any means, including its destruction. C. City agrees that it will not willfully destroy, damage, or modify the Artwork, except as provided in paragraphs a. and b. above. d. In the event the Artwork is substantially damaged or altered, City shall no longer represent the Artwork as that of Artist if Artist gives written notice to City that it is the position of Artist to deny authorship on the grounds stated in this paragraph. e. City shall, at all times, have the right to move the Artwork, or remove it from public display. City shall also have the right to sell or trade the Artwork. 6.5 Permanent Record. City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. Artist shall notify City of changes in the address set forth in Article 8. 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 of Article 6 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 MISCELLANEOUS 7.1 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. 7.2 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. 7.3 Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 7 of 18 any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 7.4 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. 7.5 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 its respective successors and permitted assigns. 7.6 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. 7.7 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. 7.8 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. 7.9 Captions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 7.10 Artist's Address. Artist shall notify the Contract Manager of changes in address. 7.11 Surviving Covenants. The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity of Artist. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 8 of 18 7.12 Counterparts and Electronic Sip-natures. 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. ARTICLE 8 NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, as follows: 1. CITY OF FORT WORTH: Fernando Costa,Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth,Texas 76102 Copies to: Office of the City Attorney City of Fort Worth 1000 Throckmorton Street, Third Floor Fort Worth,Texas 76102 Martha Peters, Vice President, Public Art Arts Council of Fort Worth& Tarrant County 1300 Gendy Street Fort Worth, Texas 76107 2. ARTIST Cameron Schoepp 3308 W. 4`h Street Fort Worth,Texas 76107-2117 Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 9 of 18 a IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date. CITY OF FORT WORTH ARTIST by: Fernando Costa Cameron Schoepp Assistant City Manager APPROVED AS TO FORM AND L ALITY: Jessica gsvang Assistan ity Attorney ATTESTED B %� FOR r a� ary J. Kayer V$ o= City Secretary EX Ae7 Contract Authorization: M&C#C- a-1 aycj Date: 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 10 of 18 Exhibit A: The Artwork Pollen(2000)Cam Schoepp Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 11 of 18 Exhibit B: The Site Will Ropers Rd 6 � g � � Satellite ' QC41148 y LL Traffic y Memoml Curler Lsawa FaFinow eld Field a 0 Fort WaF of Science a P and history fQ Fan WoM Sleds • snow a Rodeo� � Trindy Park crestlirm Rd CherYe end Kit Momiat Will HpMy Ave Harley Aw Harley Ave .°'.'r•''mss, ve y Fan Wordy aoexieGard" t�"JI �� he n YI ' P 4 Q concewo Lk"Care Z' Uden Ave 4 �S�v rfj Rock Spinpe Rd pawa z silo. . El CenpoAw ' i` Q c.raina Y� ►s Z N Fort Worth Botanic Garden,3220 Botanic Garden Boulevard, Fort Worth,Texas Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 12 of 18 Exhibit C: Appraisal #s 1.006ao: Botanic Gardw, Artist: Cam Seboepp An aicao;b.1957 Title: Peftsn Date: 2000 Medium: Team pmk paaite and tsnazaco Dimensions: Variable dimensions Individual elemaob nmp Dorn: 27":32"s 2Y" to 30"x 30"a 34 swoturw Nape fosod-ahs artist reported mat he does sot sip his work Condition: Srrfioe aocredm and calcium tLlposits Desaiption: Seven aeparass elements of molts-sided object wt individual spores of pollen: flat sections on each side of the iadfvidtnl llmestooe elemerru aro filled with Lerrmo. Retail Replaoameot Vahra i65,000.00 r _ . A. 14aaa, Port Worth Public Ari;Rail Repleomreot Value br bowea ce covaW BAbotire dear of epprahal 1/30/10:Dere of Report 1 Appraiaw.. Pam Compbdk ASMASA;ISA CAM.4933{lyes Are.;Part Wooh.TX 76107;Si7/37AS66K woc@@B&&tet 19 of 28 Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 13 of 18 R� A V l+' rI } �7 Dem 2 Fat Worth Public Art;Raeil RepLoamaot VAw aw/arena oovwW 26now due of1/30/18;Do@ of Rq mt 1/3W*..r—w- Appnieer: Pam Campbell;ASA-ASA:MA-CAM.4933 By=Aw;Fan Wats,TX 76107;8171/374!66;wea@Sei net 20 of 28 Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 14 of 18 Exhibit D: Artist Technical Maintenance Record I VT VA:7.W FORT WORTH PUBLIC ART Artist Technical Maintenance Record General Inrormation Artist: Address: Telephone: Cell: E-mail Gallery Affiliation: Other Representation: Artwork Title of Artwork: Location Address: FWPA Project Manage': Description of Artwork:(attach separately if necessary): Artwork Dimensions: Height: Width: Depth: Pedestal or Pad Materials: Pedestal or Pad Dimensions: Height: Width: Depth: Location&Description of Signature Markings(or copyright): Edition Information if applicable: Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 15 of 18 xh. D: Artist Technical Maintt Lance Record Dale of Execution: Placc of Execution: Collaborating Artist: Fabricator(if other than artist) Fabricator Address: Methods/Materials l:sed in Execution of Artwork Materials(list tyle,brand name and manufacturer of all materials;attach U-iterial Safety&Technical Data.Include contact names for all supplies and attach warranty information): Construction Description: List all fabricators and any architcets.engineers or other technicians involved in the creation and installation of this artwork. .attach all warranties&agreements. Material(s)Specifications: Joining Methods: Welding Rod Alloy or Joint Material&Application Method: Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 16 of 18 v Exhibit D: Artist Technical Maintenance Record Casting Alloy,Wax Body,Glass or Fiber Type: Finishes&Coatings(paint color and type,glaze,patina,any and all coatings including fixative,IN,graffiti,etc. Please list vendors and contact information and provide all product information): Pedestals.Foundations&Footings,Mounting and Attachment Applications List all materials used to install artwork on site. Include vendor information,parts numbers,warranties and agreements. Integrated Components (List all components included in design and fabrication contracts that function as a part of the final installation including but not limited W: lighting, media, landscaping, etc Include all vendor information, parts numbers, warranties and agreements and any/all design schematics): Installation Installation Date: Installation Method:(describe installation method,provide photo documentation if available.List name and contact information of installation crew.Attach any diagrams or disassembly instructions.) Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 17 of 18 Exhibit U: Artist Technical Maintenance Record Renim!pMded Routine Maintenance Artist recommendation based on cw iwica and consultation with conaeavation expert Artist's Conservation Consultant Name: Address: Phone: Please attach Conservator's Long Term Maintenance Recommendations Unusual or Special Circumstances of Note Artist's Intention Please describe your view of how the artwork will change over time and in response to environmental conditions. Tire artist's vision of how the artwork will look in the future assists FWPA in realizing an appropriate conservation action plan. In addition to environmental conditions public artworks arc often affected by public handling, landscaping and site ranges.Please clearly detail your expectations for this artwork.Please address issues related to the life egmatancy of this artwork. Artwork Acquisition Agreement Execution Copy 3/2/15 Between the City of Fort Worth and Cameron Schoepp Page 18 of 18 M&C Ret iew Official CITY COUNCIL AGENDA Fo� T�m COUNCIL ACTION: Approved on 4/14/2015 CONTINUED FROM A PREVIOUS WEEK DATE: 4/7/2015 REFERENCE C-27249 LOG NAME: 20ARTWORK ACQUISITION NO.: AGREEMENT-POLLEN CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Artwork Acquisition Agreement with Artist Cameron Schoepp in the Amount of $65,000.00 to Acquire a Granite and Terrazzo Sculpture Entitled Pollen Located in the Fort Worth Botanic Garden (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize an Artwork Acquisition Agreement with Cameron Schoepp in the amount of$65,000.00 to acquire a granite and terrazzo sculpture entitled Pollen located in the Fort Worth Botanic Garden at 3220 Botanic Garden Boulevard, Fort Worth. DISCUSSION: Pollen is a granite and terrazzo sculpture composed of seven multi-sided elements created by Fort Worth- based artist Cameron Schoepp during the 2000 Sculpture Symposium held at the Botanic Garden. The sculpture has been on long-term loan to the City of Fort Worth for over a decade and is recognized as a part of the urban environment of Fort Worth. A recommendation to acquire and accession the sculpture into the Fort Worth Public Art Collection was presented to the Fort Worth Art Commission (Commission) by former Commissioner and Deputy Director of the Kimbell Art Museum, Malcolm Warner, on August 8, 2011. The Commission endorsed the acquisition. The Parks and Community Services Advisory Board reviewed the recommendation and approved the site in the Botanic Garden on October 24, 2012. Originally sited in front of the Botanic Garden Center, the sculpture was re-sited in 2013, with the artist's assistance, to a new native garden and outdoor education classroom near the Botanic Research Institute of Texas (BRIT). Situated between the main drive to the Garden Center and BRIT, the new garden includes an outdoor classroom near the sculpture and offers integrated education opportunities focusing on the unique relationships between art and nature. The organic shapes scattered across the understory lawn refer to individual spores of Pollen and create visual and physical space. The acquisition was included in the 2015 Fort Worth Public Art Annual Work Plan adopted by City Council on October 14, 2014 (M&C C-27031) and includes$65,000.00 from the Public Art Fund for the acquisition of this sculpture, which is based on a professional appraisal of the sculpture dated January 30, 2010. This acquisition will allow the City to provide for the sculpture's long-term maintenance and care. Upon approval of this Mayor and Council Communication appropriations for FWPA Acquisition, Pollen project will consist of the following: Cameron Schoepp Artwork Acquisition Agreement$65,000.00 ART COMMISSION APPROVAL—Acquisition endorsed by the Art Commission on August 8, 2011. Councilmember concurs with the Art Commission's recommendation. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20925&councildate=4/14/2015 4/28/2015 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the Specially Funded Capital Projects Fund (Public Art) for transfer to the FWPA Acquisition, Pollen project Agreement, as depicted in the table below. Available Fund Unspecified Transfer for Remaining Available Amount Agreement Unspecified Amount Specially Funded Capital $850,601.64 $65,000.00 $785,601.94 Projects Fund (Public Art) Subject to Mayor and Council Communication approval transfer of funds from Unspecified and appropriation to the FWPA Acquisition, Pollen project, the proposed funding for the project will consist of the following: Fund Existing Revised Encumbrances Expenditures Balance Appropriations Appropriations Specially ;Funded Capital $0.00 $65,000.00 $0.00 $0.00 [$65,000.00 ;Projects Fund TO Fund/Account/Centers FROM Fund/Account/Centers C291 541200 200980205880 $65.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Martha Peters (298-3025) ATTACHMENTS Pollen Sculpture Map.pdf Pollen Sculpture Photo.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=20925&councildate=4/14/2015 4/28/2015