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04-17-2008 (Public Arts Advisory) Agenda Packet Public Arts Advisory Board CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda APRIL 17, 2008 — 6:30 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North Steward Matthews Chair Polly Harrison Vice Chair Patsy Robertson Board Member Kathryn Welp Board Member Ashley Burt Board Member Kathy Spillyards Board Member Warner Washington Board Member Carole Ehrlich Board Liaison Carole Ehrlich Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: vvvvw.vvylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: vvvvw.vvylietexas.gov. The Chairman and Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. BUSINESS ITEMS 1. Consider and act upon approval of the minutes from the March 27, 2008 Public Arts Advisory Board Meeting. WORK SESSION Li Discussion regarding the final draft of the City of Wylie Public Art Guidelines Plan. (Architectural Arts consultant, Sharon Leeber) April 17,2008 Wylie Public Arts Advisory Board Regular Meeting Agenda Page 2 of 2 BUSINESS ITEMS 2. Consider and act upon board approval of the City of Wylie Public Art Guidelines and recommendation to City Council for final approval. (C. Ehrlich, Staff Liaison) ADJOURNMENT CERTIFICATION I cert0)that this Notice of Meeting was posted on this 14th day of April, 2008 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: vvvvw.vvylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Public ArtsAdvisory Board CITY OF' WYLIE ............... Minutes Regular Board Meeting March 27, 2008 — 6:30 p.m. Wylie Municipal Complex Council Conference Room 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. The meeting was called to order at 6:35 p.m. by Chairman Stewart Matthews. Those in attendance were: Patsy Robertson, Kathy Spillyards, Ashley Burt, Warner Washington, and Kathy Welp (arrived at 6:40 p.m.). Vice Chairman Polly Harrison was absent. Staff present was Fire Chief Randy Corbin and Carole Ehrlich, Board Liaison/Secretary. PRESENTATION Fire Chief Randy Corbin presented renderings of the new Fire Station #3 which is ready for construction. He displayed areas within the landscape and building design that would be good spaces for public art. He reported that he and his staff were very excited to initiate the percent for art program with the new fire station. BUSINESS ITEMS 1. Consider and act upon approval of the minutes from the February 21, 2008 Public Arts Advisory Board Meeting. A motion was made by board member Spillyards, seconded by board member Washington to approve the minutes for February 21, 2008 as presented. A vote was taken and passed 5-0 with board members Welp and Harrison absent. WORK SESSION ❑ Discussion regarding the consulting recommendations and direction from the Public Arts Advisory Board regarding the creation of the Wylie Public Art Guidelines and Procedures. (Architectural Arts consultant, Sharon Leeber) Art Consultant Sharon Leeber presented a draft of the proposed Public Art Guidelines Plan to the board. The board reviewed with Ms. Leeber each section of the document which included: developing the public art program, forms of visual art; both appropriate and inappropriate works, building on community strengths, accountability and responsiveness to the community, roles and responsibilities, artists registry, sources and uses of funds, annual public art work plan, process and procedures, artist selection panels and selection process. Ms Leeber also reviewed possible contracts that could be suggested for use within the guidelines. Other areas discussed and will be included are: community programs, participation & reaching out, partnering to enliven the arts, and designate a place to gather. Ms. Leeber reported that she would compile the final draft and would report back to the board in April. Board chair Matthews thanked Ms. Leeber for her recommendations. He reported that at the meeting in April the board could consider approval of the final document for recommendation for approval of the City Council. ADJOURNMENT A motion was made by board member Spillyards, seconded by Patsy Robertson to adjourn the meeting at 8:15 p.m. A vote was taken and passed 6-0 with Vice Chair Harrison absent. Stewart Matthews, Chair Carole Ehrlich, Secretary March 27 2008 Wylie Public Arts Advisory Board Minutes Page 2 of 2 Public Arts Advisory Board CITY OF wu AGENDA REPORT Meeting Date: April 17, 2008 Item Number: 2 Department: Board Liaison (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: Date Prepared: 4-11-08 Budgeted Amount: Exhibits: Proposed Guidelines Plan Subject Consider and act upon board approval of the City of Wylie Public Art Guidelines and recommendation to City Council for final approval. (C. Ehrlich, Staff Liaison) Recommendation Motion to approve the City of Wylie Public Art Guidelines and make a recommendation to City Council for final approval. Discussion During the November 2007 PAAB meeting approval was made to contract with Architectural Arts, Inc. to provide a guideline plan to be used by the Public Arts Advisory Board in the procurement of public art. Over several work sessions, the guidelines have been discussed and tonight, Sharon Leeber is presenting for discussion and possible action the final draft of these guidelines. The board will review and discuss the recommendations for the draft plan presented and may then take formal action for approval and subsequent recommendations for final approval by the City Council. The plan and contract provided in pages 1 - 35 have been reviewed by the City Attorney's office. It is recommended by the City Attorney's Office that no other contracts be utilized at this time. In the event we need an attachment to the sample contract for one reason or another, it is advised that we have the City Attorney's office complete the contract specific to our needs. Approved By Initial Date Department Liaison CE 4-11-08 Page 1 CITY OF WYLIE, City of Wylie Public Arts Guidelines Plan Draft presented 4/08 Table of Contents Page Executive Summary 3 Developing the Public Art Program 4 Forms of Visual Art 5 Appropriate Work 5 Inappropriate Work 5 Building on Community Strengths 6 Accountability and Responsiveness to the Community 6 Roles and Responsibilities 6 Sources and Uses of Funds 10 Annual Public Art Work Plan 10 Process and Procedures 11 Project Implementation 12 Program Administration 14 Collection Management 14 Next Steps 15 Community Programs, Participation&Reaching Out 15 Partnering to Enliven the Arts 15 The Back Porch(A place to Gather) 16 Policy for Local vs. non-local Artists 16 Gifts or Loans of Artwork 16 Artist Agreement 17 Facilitated by the City Council of the City of Wylie, Texas of 2007 and 2008, Carole Ehrlich, TRMC, CMC, City Secretary, City of Wylie, the Public Art Advisory Board of 2007-2008, and Sharon Corgan Leeber City of Wylie Public Arts Guidelines Plan Page 2 513257.v1 Executive Summary The Mission as contained in City Ordinance 2006-37:ref. Section 2,Article j. determined that the City of Wylie, Texas (the "City" or "Wylie") was eager to have a program that provides art for public space within the City. The City Council moved forward to establish this in Section 3 of Ordinance 2006-3 7, attached hereto as Exhibit"A". SECTION 3. Establishment of Public Arts Program. The public arts program is hereby established to, among other things, promote and encourage public and private art programs, to further the development and awareness of, and interest in, the visual arts, to create an enhanced visual environment for City 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 space. This program requires a somewhat organized and structured plan that defines some of the elements needed to implement projects resulting from this ordinance. The City of Wylie Public Arts Guidelines Plan ("PAGP") will be a framework containing a series of policy measures and processes to enable the City to fulfill its public art objectives effectively and efficiently. The Goal of the ("PAGP") is to help acquire beautiful, interesting, and sometimes fun, works of art for public places in Wylie. This should go hand in hand with the existing Master Plan for the City of Wylie and work in harmony and promotion of the urban design and community development goals. This in turn, makes a better environment for the City. It promotes tourism and economic energy and helps to create a large community public space with many special space within it. As it grows and follows the guidelines that have been put in place, the City will develop a profile that meshes the past with the present and future without losing any of it's charm or history, yet allowing it to move forward bringing the past to future generations. The enhancement of this space frequently attracts people to use the area, which begins to fulfill the mission of the community. (Ordinance No. 2006- 37, Section 3) The goals of the citizens of the City are that the results of"the Plan" can and will give a picture of visual growth of the artistic nature in the region and beyond. It is a message from the City to future inhabitants about what we care about. Eventually this public art program will take art off of the walls and pedestals and it can focus on City gateways and community design projects. Vision will be the cumulative as the projects are completed and their results can be seen. There is already an expansive vision plan in place both for the Master Plan for the City and the Ordinance 2006-3 7 which has created the PAGP. Finally, this plan is going in place to help create an improved visual environment for the citizens of Wylie: to integrate the work of Artists into the development of new public buildings and public works projects, to promote industry, to promote tourism, and as other goals develop, to help find a way for them to happen. Ultimately, it is to make Wylie a better place in which to live and do business. City of Wylie Public Arts Guidelines Plan Page 3 513257.v1 Developing the Public Art Guidelines Plan Definitions that will be used, needed: Public Art- includes works of art in any material created for positioning in or on your public space, or that are a part of the architecture, landscape design or the site work. Artwork-works in large assortment of media that are made by working,professional Artists. Artist Design Services - This is usually an Artist or group of visual artists who can develop designs for art, landscape art,urban design elements, or other architectural or landscape architectural projects. Design Subcommittee - ** There are generally two different design subcommittees. One used in larger cities or areas where the development is rapid and the CIP projects are happening very fast. This refers to a committee that is small and appointed by the Public Arts Advisory Board (PAAB) to review and guide the preliminary selections made by the Artist Selection Panel prior to Presentation to the PAAB and the City Council. This committee generally remains in place for a year to 18 months, with several members overlapping with new members to help the process flow. This is recommended to help speed the process and smooth the bumps. The second is used in smaller towns and functions similar to the committee above but also serves as a group to help achieve some of the 3 and 5 year plan goals. They can be especially helpful when the makeup of the board includes specialists in the area of future need. It is a committee that meets upon request of the Public Art Advisory Board. It is not necessarily a committee of long standing, but rather a committee that is convened as needed. Its makeup will be appropriate to the purpose for which is assembled. If it is real estate, acquisition related, thought should be given to including an architect, or landscape architect, local citizen(s) from the area, perhaps someone with a real estate license, and a representative from the Public Arts Advisory Board. Others should be added depending on the need. Acquisition-including work that has been purchased gifted or by other means acquired by the City. Accessioning-this is the step taken to include and record the piece in the City records. Deaccessioning-This is a step taken to remove the piece from the permanent collection of the City. Professional Artist- * This is an Artist who has established a valid reputation of excellence through the judgment of juried exhibitions, public commissions, foundations awards, and peer group reputation. Public Art Coordinator-The Public Art Coordinator is the person who is temporarily or permanently responsible for the running of this program. The coordinator can be a contract consultant, a City staff member, City council member, a volunteer authorized by the City Manager or a combination of these. *It is noted that on occasion there will be temporary exhibitions within the City, and sponsored by the City that will include Artists who are amateurs and hobbyists. Professional Artist is not meant to affect them. This also includes any community artwork programs that happen within the realm of the Public Art Program. City of Wylie Public Arts Guidelines Plan Page 4 513257.v1 Forms of Visual Art (including, but not limited to): Painting: all, including permanently attached works such as murals and frescoes. Sculpture: in the round, bas-relief, high relief, mobile, fountain, environmental, street furniture, kinetic, electronic in all materials available. Forms in other materials: glass, mosaic, clay, wood, textile, metal, fiber, fiberglass, and mixed media. Photography: graphic arts: film-making, print-making, drawing and calligraphy where appropriate. (as it works with the design and the art) Other Appropriate work: (including, but not limited to): All artwork commissioned by the Wylie PAP needs to be designed or facilitated by professional Artists. Therefore design work provided by the Artist to be incorporated into the construction project, (by the contractor or fabricator) including: Interior or exterior surfaces, fixtures and functional elements: Outdoor space design elements in plazas, City space, gateways, etc. Artists design and collaboration of public works stations: wastewater facilities, bike and pedestrian paths,parks, roadways, and other community facilities. Inappropriate work: (including, but not limited to): Reproductions: of original art (mechanical or otherwise) except in the case of film, video, photography,printmaking or other REAL art. Architectural: functional, decorative, ornamental elements which are designed by the building's architect, as opposed to elements created by an Artist (or Artist design team) commissioned for this purpose. Art Objects: which are mass produced or manufactured, such as statues, fountains, normal playground equipment unless brought in as part of the Artists design. Landscape architecture: and landscape gardening in general unless these elements are designed by an Artist who uses them as a major part of the art. Building on Community Strengths Initially the Public Arts Guidelines Plan will follow the urban plan for the City and the CIP directive which includes an art budget for each new project as directed each year. The first two of these projects are coming up rapidly and this will be the beginning introduction of public art made FOR WYLIE. Prior to 2010 an ANNUAL program will be developed by the Public Arts Advisory Board ("the "PAAB") to submit to the City council for approval. At this time the Public Arts Advisory Board will be forming a subcommittee to study and submit a 3 year and 5 year plan to the City that will bring a cohesive overall plan to the Public Arts Program that incorporates both the CIP program and other Community Arts Programs. This subcommittee will be composed of members of the City of Wylie Public Arts Guidelines Plan Page 5 513257.v1 Public Arts Advisory Board with several citizens of Wylie being invited to take part in some of the sessions as the PAAB feels necessary. A subcommittee of the Public Arts Advisory Board will be formed by the PAAB to study and submit proposals for long term art goals for the City. These goals will go beyond specific CIP projects and will include Parks, Space, and Places that will enhance the community of Wylie by incorporating art, or art events in them. This effort will lead to a 3 year and a 5 year plan with the annual plan fulfilling the CIP projects and working toward the fulfillment of these long term goals. This subcommittee will invite several interested members of the community BEYOND the PAAB to be a part of this discussion. They can include persons both knowledgeable and foreign to fine art. If they feel it is appropriate, someone from the immediate neighborhood should also be included. Accountability and Responsiveness to the Community Creation of the City Art Program should refer to Ordinance No. 2006-37 The accountability for the initial CIP projects and the responsiveness to the community will follow as a result of carefully chosen public art subcommittees that respond to the needs of the project, the people involved and around the project and the greater area responding to the project. The PAAB will be responding to the CIP project with the appropriate subcommittee for each project. These committees will change depending on the scope and budget but will include some of the following in any one of the committees: a member of the PAAB, an Artist, architect, landscape architect or urban planner, a member of the Parks & Recreations department, a citizen at large, a neighborhood citizen, a member of the CIP project that the art will be a part of and a volunteer or two will be considered. The responsiveness OF the community will come as citizens begin to recognize the individual projects and slowly see the changing landscape. Active response will be both positive and negative initially with the end result being positive and participatory. This will help the PAAB guide future responsiveness TO the community. Roles and Responsibilities Refer to Organizational Chart#1 for the lineage regarding the role of art and the PAGP in the City of Wylie. Players to include City Council The City Finance Director will review the annual planned CIP to see if they are eligible for the Percent for Art. The Public Art Board Staff Liaison, at the direction of the City Manager will then appropriate money to the Percent for Art Account as part of the annual capital budgeting process and submit it to the City Council for approval for transfer to the PAP(Percent for Art Projects) accounts. Public Arts Advisory Board The Public Arts Advisory Board will have the responsibility for managing the program — rules, regulations, policies, guidelines, all consistent with the Master Plan as provided in this document. There will be adequate room for future change and addition as that is part of the growth process in a smart City. They will choose members of the Design Subcommittee and the Artists Selection Committees. City of Wylie Public Arts Guidelines Plan Page 6 513257.v1 They will review and approve the recommendations of Artists from the /\uisL selection panels, following Design Subcommittee review when applicable, and recommend dollar amounts of . They will submit recommended /\uisL and corresponding to City Council for final approval. They will review and approve proposed gifts and loans of public art to the City following the pre- established guidelines of City Ordinance No. 2005-57, (attached hereto as Exhibit "B~"), based on a professional appraisal supplied by the donor and upon recommendations from the Design Subcommittee or a special committee assembled to review the specific work. The City Attorney will also review all proposed gifts and loans of public art to the City. City Manner& Board Staff Liaison The following organizational chart in its entirety is for a future development time when your program warrants a full time person who can interact directly with the City Manager and the City Council along with the P/\/\B and all of its branches. In the hxerhn it is recommended that the City Secretary, with the help of the library or other City government assistance, research the availability of interns at both the graduate and undergraduate level. These positions would be for advanced credit and perhaps a small stipend. Docents and hxemms are needed for grant writing, permanent Artist's registry files, community art related activities and other endeavors that happen as the program advances. The Organizational Chart gives the general path that uC|P project vviUfbUovvLoLhepohxofissuinga contract to an Artist. City of Wylie Public Arts Guidelines Plan Page 5/sz57.v/ City Council Authorizes capital project(CIP Budget) Public Arts Advisory Allocates%for art Art Selection Panel Board Reviews Artist Tours site,takes some recommendations Public Arts public input,issues call Forwards for artists or Advisory Board ••••• recommendation(s)to -interviews artist Staff Liaison * Council Directs Public ArtReviews proposals -recommends artist(s) Committee to proceed w/project For project City Council -Select from Artist Public Art Advisory recommendation(s) Board Defines project -staff negotiates artist contract. budget,parameters selection process. Recommends Art City Council Approves Artist Contract Organizational Chart# 1 * or Docent or Intern, an academic person that is helping to alleviate some of the specific responsibility that can be delegated. City of Wylie Public Arts Guidelines Plan Page 8 513257.v1 Artists Registry The Artists Registry should be managed by a docent or intern to the library until a full time Arts Administrator is brought on board. 1. The application should ask for no more than twenty works of art with full identification on slides, on a DC, or a flash drive that will fit all PC's. If you choose to put this work on a CD or flash drive, please include 2 examples on standard 8 x 10 photo paper to include in a clear 9 x 11 clear plastic sheet. Label each work as indicated: Title of work arrow—up Artist's Name Date Medium Dimensions Location of Work Price, if applicable This should be underneath each jpeg if on CD or Flash Drive. 2. An Artist's information form. Please submit only as below. Do NOT send a personal resume: a. Name Date b. Address c. City State Zip d. Home Phone Work Cell e. Social Security Number If a finalists Media- choose ONLY those that apply to you professionally • Painting Drawing Metal • Photography Printmaking Glass • Etc. Education Public Art Commissions Other Professional Experience Recent Exhibitions Museums or Collections Publications Honors,Awards, Grants Other Significant Experience References Name Position Phone Signature Date 3. Optional: A single 8 1/2 x 11" page of additional information on such issues as unusual techniques or personal visual concerns may be attached. Artist Selection Panels, Need to be made of a mix of people who are somewhat knowledgeable in the areas of public art and aesthetics. These people should also be able to advise about the quality of the work of Artists under consideration. City of Wylie Public Arts Guidelines Plan Page 9 513257.v1 The panel should also have a selection of citizens from the community including a user of the space, building, facility in, or on which the art will be placed plus a local or regional Artist IF THAT IS POSSIBLE. This balance helps to achieve the desired goal which brings the highest quality possible for the budget and process. If the building has had a key architect or architecture firm, it would be important that someone from that firm, preferable the design architect, be involved in the selection panel. A consultant should be used until you have a full time arts administrator. Many of your citizens will find this very interesting and educate themselves to be a part of future committees. This might be the impetus for a community outreach program on public art and a docent program as the Artists install their pieces. The consultant will help you with marketing and community involvement ideas with the projects. Sources and Use of Funds Reference Ordinance#2006-37, Section 4 It is suggested that graduate students doing internships in library science, MBA programs and the Arts will be asked to apply for grants for specific projects on a semi-annual basis. This position can be further developed with the community college program until and even after a full time arts coordinator is hired. These grant seeking documents for capital purposes should be included in the Percent for Art Accounts. Each year fifteen (15) percent of the budget should immediately be put into an interest-bearing account for the future years. This will eventually be used for restoration and repair in the future on public art pieces with leftover monies used for projects that have been earlier determined that are City space not connected to the CIP. Annual Public Art Work Plan Ordinance No. 2006-37, Section 14(b) The Annual Public Art Work Plan as required in Section 14 (b) and as set up in this Guideline will be reviewed every two years by a committee appointed by the PAAB. This committee will review past projects, both CIP and other related programs and evaluate the progress made toward the 3 and 5 year Public Art Goals. Following this, future projects should be examined to see if they are on track with the goals and should be adjusted accordingly. Prior to each fiscal year there will be a review by the PAAB (or an appointed committee) of existing public art and its placement AND condition* within the City; and a budget needed to repair any work if needed, along with the projected CIP projects and their budgets. These, combined with any loan work(works) singularly or within exhibitions will form the Annual Public Art Work Plan. This will determine if it is then possible to have monies for any other direction of building on the community strengths that can be expanded from the overall community goals that cannot be reached through CIP projects. *a conservator will be hired to review each of the public art projects and report to the PAAB any necessary repair or conservation necessary to maintain the work City of Wylie Public Arts Guidelines Plan Page 10 513257.v1 Process & Procedures Artist Selection Panels: The Artist Selection Panel will be made of a mix of people who are somewhat knowledgeable in the areas of public art and aesthetics. A few of these people, with the guidance of a consultant, or public arts consultant, will be able to advise about the quality of the work of Artists under consideration. The panel should also have a citizen from the community, a user of the space, building, facility in, or on which the art will be placed, possibly the architect, or if it is to be an exterior project on a site, perhaps the landscape architect, and a member of Parks & Recreation if available. This balance helps to achieve the desired goal which brings the highest quality possible for the budget and process. In the beginning the process will be simple and straightforward. As the PAAB becomes more practiced in this endeavor and the funds are larger, and the lead time is longer, the process will be more creative. Marketing skills will call attention to Wylie. A call for art can go beyond regional. A dozen Artists can be chosen to compete or the PAAB can quietly zoom in on a few Artists that will give Wylie national and even international exposure. These and hundreds of other possibilities exist and will be easily explored as Wylie moves forward with its Public Art Program. The following are common processes for choosing Artists. The determining factor is budget and time. Limited Competition: Specific Artists are invited by the selection group to submit credentials and proposals. Open Competition: (Calls for entries for) Any Artist may submit credentials and proposals, subject to any requirements established by the Artist selection panel Open competitions will be sufficiently detailed to permit Artists to determine whether their work is appropriate to the project under consideration. Direct Selection: Artists are approached directly. This is usually something that happens in a situation when a project has to be done quickly, or within a certain budget and needs to be controlled. When this happens it is necessary to do a small call for submissions within a local area to "help" the main Artist to fulfill federal employment needs. Mixed Process: This is a mix of all of the above. City of Wylie Public Arts Guidelines Plan Page 11 513257.v1 Project Implementation See Organizational Chart A for Initial start;the following is part of Step 4. The Following is the process requested by the Artist Selection Committee: The selection process can be one of the named ones under Process & Procedure or a combination of them. REQUEST FOR ARTIST QUALIFICATIONS PROJECT: (Facility Name) (Address) (Address) 1. Site Description: This section describes the general public purpose of the facility or site and should also describe in specific detail the activities or operations that will take place once the capital improvement project is completed. It should note the level of public access, the estimate number of persons projected to use facility, number and nature of employees, operating hours, nature of clientele, any unusual characteristics of operations, etc. The general location of site should be described: type of neighborhood, urban design considerations, approaches to the site, etc. Specific plans for the site should be described to the extent that they have been developed. The architectural or engineering program should be attached, along with conceptual designs or schematics, if available. 2. Current Status of the Project: This notes whether the project has been funded and appropriated, and the source of funding. It provides the status of architect - or engineering - design consultant selection and identifies other design consultants if they have been selected. 3. Timetable: This projects the overall timetable for the project (schedule for conceptual design, schematics, working drawings, construction documents, bidding/contract award, construction, facility opening) with particular note of the periods during which Artist involvement would be required. Should also note, if possible, the level of Artist commitment required during each time period (i.e., 50% time, full-time, etc.) 4. Project Description: This section describes in detail the expected scope of services of the Artist. Will the Artist be a member of the project design team? What will be the Artist's relationship to the Architect? Subcontractor? Co-equal designer? With whom will the Artist contract? Will the Artist be working on the overall design or specific elements of the Architecture program? Typical elements, such as fixtures and furnishings? Discreet artworks? How will these issues be resolved during the course of the design development? If the project is for the creation of a specific artwork, the nature of the desired work should be described in detail here. For example, if you are looking for an Artist to create a stained glass window, then the dimensions of the opening(s), structural considerations, related design elements, etc., should be detailed. City of Wylie Public Arts Guidelines Plan Page 12 513257.v1 5. Pnoieot Budut: This section should state the budget available for the project. Any limitations should be stated here. For instance, if the Artist's fee is limited to fifteen (15) percent of the budget for desion, with the remainder for the actual fabrication and installation of artworks, that should be stated here. This section should also indicate whether the budget is inclusive of travel, overhead, insurance, site preparation, lighting and utilities, installation, etc. 6. K»noieot Selection Panel: This section should identify the members of the selection panel who will be choosing the Artist(s) who will be recommended for the project. 7. Selection Process: This section should outline in some detail the process for the selection of Artists, including what the respondents are being asked to submit, whether travel and honoraria are offered, whether the Artists will be asked to develop apnoposaL etc. Typically, Artists will be asked to submit slides, or another form of previous work, a professional resume' and a brief statement of their response to the challenge offered by the project, not to exceed two typewritten pages. Up to five Artists will be selected to interview for the project. Finalists who are asked to prepare a proposal will nonna|k/ be paid a small honorarium. The selection panel should always reserve the right Lo reject a||pnoposa|sorapp|ioanLs. @. Pre-submittal Conference/Site Visits: This section should be included if there is an opportunity to visit the she prior to the submittals or whether there is ammandaLo[y or optional pre-submittal meeting prior to submittal. If so, this section should indicate the time, date and place of the meeting, as well as a contact person. 9. Demd8ine: This section will contain the time and date by which the submittals are due, and should indicate whether this is a postmark deadline or a receipt deadline. This section should also indicate when Artists can expect Lo receive notice about the project. 10. Knstnuotions: This section will contain specific instructions relating to the/\uiet submittals. They might for instance contain the following instructions: a. Entries will be accepted in two-dimensional form only. b. Submit: l) up to twenty slides, one C[), or Flash [)rh/e or photographs of2O u:oenL representative work, a list with annotation (lO copies), your current professional resume (lO copies) and a no-more-than two-page response to the opportunity presented hv the project(lOoopies). C. It is emphasized that specific proposals for the artworks are not requested at this time and will not bereviewed. d. Include a self-addressed, stamped envelope with sufficient postage to cover the return of visuals. Only slides, C[)"s and photographs will bereturned. City of Wylie Public Arts Guidelines Plan Pagel3 5/sz57.v/ e. Every work should be labeled on the front of the slide with the Artist's name,the title of the work, the medium, dimensions and date of creation. An arrow should indicate the top of the slide. f. Every item in the Artist's submittal should be labeled with the Artist's name. g. Artists whose work, by its nature, cannot be shown through the media listed above should contact(Person and phone number),to make special arrangements. h. All materials must be contained in a single envelope not to exceed 16" X 20". Only one entry per envelope. Artists submitting to other projects should make separate submittals. Entries should be addressed to: (Project Name) Wylie Public Arts Advisory Board Street Address Wylie, TX Zip Code i. While every precaution will be taken to prevent the loss or damage to entries, the Wylie Public Arts Advisory Board, its staff and selection panels assume no responsibility in the case of loss or damage to the items submitted. j. The Wylie Public Arts Advisory Board reserves the right to duplicate materials for its Artists registry. Artists not wishing their work duplicated for the registry should indicate that in their submittal. k. All Artists who submit for this project will be notified by mail of the selection panel's decision. No information regarding the decision will be released by telephone. 1. Artists who wish to be notified that their submittal has been received should include a stamped, self-addressed postcard that will be mailed back to them upon receipt of the submittal. PROGRAM ADMINISTRATION: Collection Management Maintenance& Conservation. Artists will be required to provide the Wylie PAAB with information about methods and frequency of routine maintenance during the time of installation. The Coordinator will make periodic checks as suggested by the Artists for each work. Financing Ordinance No. 2006-3 7, Section 4(a), designates that funding for the Public Arts Program shall be provided by annually designating one (1) percent of eligible CIP funding for public art. There will be established within the fund an interest bearing account that is funded for future maintenance by each project. City of Wylie Public Arts Guidelines Plan Page 14 513257.v1 � exceptions will be allowed with special review hva of the P/\/\B. Next Steps The public art program and its auxiliary programs will grow rapidly out of the process and fulfillment of the initial projects. This is the time to sit down and review the 3 and 5 year goals that were made by the P/\/\B and to Lake aokoser kook at your downtown commercial area and what can be done to focus onh beyond the neighborhood. Quickly a cohesive pattern will emerge for what NEEDS TO APPEN for your downtown commercial area to: l. Attract more business, and more businesses. 2. To start filling in the gaps, visual and otherwise that will be very unique to you, the citizens of Wylie,rather than echoing or thinking like towns and cities nearby do. 3. To excite the citizens living IN Wylie about Public Au and /\u in all forms, music, performance including theater and dance and to begin to participate both physically and philanthropically in all of those next steps that will happen by taking these first steps. The program will be ready to be embraced by u large number of people that have not previously participated. There will be a plan Lo include this eagerness without straining the existing budget. There will be planned fund raisers that will fund local Artists and craftsman, who can also work with the community and the public school system io increase awareness,, ou:aLe community projects and perhaps by seeking in kind donations from |000| merchants make special annual k:eth/a|s u:a|k/ something to look forward to. This type of project vviU include things as simple as doing identifying markers on bike paths, footpaths,trails (information systems,Loo), along with designing small bridges over creeks and low space, designing public flower gardens and many community projects. There will be an effort to include commercial companies, large and small, both within the town, and adjacent to the town as part of the "make Wylie o'n/oce /o be. '' e n�ox eat, stay... any that are part of your goals. CommmmunityKvrollramms Participation & Reaching out to all parts of the community Partnering to Enliven the Arts Through the Wylie Public Information Officer, the P/\/\B will solicit the use of local press and radio to let the community of Wylie know what is happening at various stages of the CIP process AFTER the decisions have been made. When possible, the /\uisL will be encouraged to stay an extra day to do apub|io presentation and to work with the public school at whatever level the P/\/\B feels would be most beneficial to the community. As soon as the installation is well enough underway the public will be invited to come and watch, sometimes turning it into apub|io event/picnic kind of affair with local restaurants supplying ammain dish and interested citizens bringing auxiliary food: a sou of "feed the starving /\uiet~" gathering. Citizens will be encouraged Lodoa face Lo face question session with the Artists. This will lead to citizen driven events and fund raisers, school participation, and employee participation. City of Wylie Public Arts Guidelines Plan Pagel5 5/sz57.v/ The Back Porch (A Place toGather) Through the Public Information (]ffioec the local newspaper will be asked to publish information about the happenings in the Visual and Performing /\us in Wylie. The local radio station will be asked to participate in a lO-ninuLe session once amonLh or every two weeks as apub|io service. The new Municipal Complex "Back Porch" seems to be the most logical place to gather for community meetings, events, sharing, performances and au events. The library will have a semi- permanent space located inside for temporary au and related exhibitions. It will also be the place to show mmaqueUes for final choices for those larger competitions for C|P"s when appropriate. It will also serve as a space for local and regional au fairs and exhibitions, craft fairs in co-ordination with an annual arts & crafts,home -type event. This space would come under the jurisdiction of the City Council and then the Public Arts Advisory Board, when the event was applicable. The funding would have Lobe approved hv the City Council. The temporary au exhibitions would be subject to all of the rules and regulations that would be currently in effect for the P&AB and the PAQ`. Policy for Local vs. Non-local Artists The City ofWylie should seek Artists of the highest quality, as suitable for the project regard|essof their location. Unfortunately, the budget frequently has restraints Lo prevent this. /\pr funding is one of the key guides Lo deciding how\o resolve this. It is important to achieve some balance of work by /\uiot of regional, national and local reputation. |n some cases, his desirable Lo have a very high profile Artist work onaproject. When the budget is available to have an important name Artist, this can be an opportunity to bring one or two local Artists on the team as participants or|000| "liaisons". If it is on on-going, day to day project, this can be an opportunity for a local /\uisL(s) Lo do the work. This is true when anArtist is needed who is very familiar with the habits of the community (local parks, memorials that are specific to aregion, and similar shuaLions.). This is the time it is wise to spend money on a seasoned consultant on an hourly or fee base to guide you. Gifts or Loans of Artwork The Guidelines Plan for the City of Wylie has very specific guidelines for the acceptance of Gifts or Loans of Artwork. The same guidelines will apply Lothe P/\/\B. City of Wylie Public Arts Guidelines Plan Page lb 5/sz57.v/ AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS (CITY) AND [ARTIST'S NAME] (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED [PROJECT] [PROJECT LOCATION] (PROJECT) made as of the day of in the Year 2008 BETWEEN the City: The City of Wylie, Texas 2000 State Highway 78 Wylie, Texas 75098 Telephone 972-442-8100 Facsimile and the Artist(s): [Name] [Address] [City, State, Zip] Telephone Facsimile for the following Project: Fabrication and Installation of the proposed [Name of Project] The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (the "City"), and [Name of Artist] hereinafter referred to as (the "Artist"), to be effective from and after the date as provided herein, hereinafter referred to as (the"Agreement"). WHEREAS, the City desires to engage the services of the Artist to fabricate and install the proposed [Name of Project and Project Location], hereinafter referred to as the "Project"; and WHEREAS, the Artist desires to render such services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby,the parties hereto agree as follows: City of Wylie Public Arts Guidelines Plan Page 17 513257.v1 ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of the Artist - The City hereby agrees to retain the Artist to perform the services set forth herein in connection with the Project. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services - The parties agree that Artist shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and incorporated herein by reference for all purposes. The parties understand and agree that deviations or modifications to the scope of services described in Exhibit "A", in the form of written change orders, may be authorized from time to time by the City. 1.3 Schedule of Work - The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget attached hereto as Exhibit "B" and incorporated herein by reference for all purposes, but in no event shall the Project be completed any later than twelve (12) months following written notice from City that it has acquired the necessary, as solely determined by the City, easement at the location where the Artwork made the subject of this Agreement will be erected. In this connection, the parties hereto agree that within ten (10) days of securing said easement, Exhibit "B" of this Agreement shall be amended in writing to reflect the agreed upon Project Completion Schedule timeline. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Project Data - The City shall furnish required information, that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and the Artist shall be entitled to rely upon the accuracy and completeness thereof. 2.2 City Project Manager - The City shall designate, when necessary, a representative authorized to act on the City's behalf with respect to the Project(the "Project Manager"). The City or such authorized representative shall examine the documents submitted by the Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services", compensation for this Project shall be [Written Dollar Amount] ($ Dollar Amount) ("Artist's Fee") and will cover all services to be rendered and materials to be provided in accordance with this Agreement. The Artist's Fee shall be paid in accordance with Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit "B", attached hereto. The final fifteen (15) percent of the Artist's Fee, or [Fifteen Percent Written Dollar Amount] ($Dollar Amount) shall not be paid until the Artist has completed, delivered and installed, where applicable, all of the Artwork services and tasks described in Exhibits"A" and"B", attached hereto. 3.2 Invoices—No payment to the Artist shall be made until Artist tenders an invoice to the City. Payments are payable to the Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice City of Wylie Public Arts Guidelines Plan Page 18 513257.v1 remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, the Artist has the option upon written notice to the City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by the Artist under this Agreement shall resume upon the payment of the earned fees by the City. 3.3 Failure to Pay - Failure of the City to pay an invoice, for a reason other than cause, to the Artist within sixty (60) days from the date of the invoice shall grant the Artist the right, in addition to any and all other rights provided, to, upon written notice to the City, refuse to render further services to the City and such act or acts shall not be deemed a breach of this Agreement. The City shall not be required to pay any invoice submitted by the Artist if the Artist breached any provision(s)herein. 3.4 Adjusted Compensation-If the Scope of the Project or if the Artist's Services are materially changed, the amounts of the Artist's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Artist as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. 3.5 Project Suspension - If the Project is suspended or abandoned in whole or in part for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Artist after the Project is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work - The Project is the property of the City, and the Artist shall not make any duplicate work of the same or substantially similar size, nor shall the Artist grant permission to others to do so except with the written permission of the City. The City shall be entitled to copies of the plans and the maquette, which are prepared by the Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the [type of artwork] is transferred to the City upon full payment of Artwork described in Exhibits "A"and"B"attached hereto. 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense,to protect the copyright of the Artwork. 4.3 License to City - The Artist irrevocably licenses the City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. City of Wylie Public Arts Guidelines Plan Page 19 513257.v1 4.4 Copyright Notice — The City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright [Artist Name] or© [Artist Name] 4.5 Representations and Warranties Regarding Copyright — The Artist represents and warrants that the Artwork is an original creation of Artist's and will not infringe the copyright, trademark, or other intangible rights of any third party. ARTICLE 5 FABRICATION 5.1 Specifications — Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the Design approved by City as set forth in Exhibit"A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a"significant change" will mean any change, including but not limited to, a change in the scope, design, color, size, or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the Design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he/she must request written approval from the City of the change in writing at the address provided in Section 14. City will provide a written response within thirty (30) calendar days. 5.3 Review of the Artwork— The City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, the City requests and shall be given photographic documentation of Artist's progress to verify each stage that triggers payment pursuant to Section 3.1 above. 5.4 Notification of Fabrication Completion — Artist will notify the City in writing pursuant to Section 15 below when the Artwork is completed and ready for delivery. Designated representatives of the City will have the opportunity to inspect the Artwork for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to the City upon completion of the Artwork. 5.5 Preparation of Site — Due to the nature of the streetscape project and installation of the Artwork, cooperation from the City's designated Landscape Architect is required. City will provide Artist with the specifications and drawings for the specific area at the site where the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork prepared by a professional structural engineer. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The Landscape Architect will utilize these drawings and if, during installation, the Artwork is found to differ from the specifications noted in the drawings, it will be the Artist's responsibility to remedy the discrepancy and bring the Agreement into conformance with the drawings. 5.6 Warranty of Craftsmanship—The Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense. City of Wylie Public Arts Guidelines Plan Page 20 513257.vl ARTICLE 6 STORAGE 6.1 Storage Costs - Artist will make all efforts to coordinate installation such that the Artwork will not need to be stored prior to installation. If the Artwork is to be installed within fourteen (14) days of its delivery date to the designated site, and is to be stored temporarily at a location at the site, the Artist is responsible for ensuring the safety of the Artwork until the permanent installation is completed. The Artist will be responsible for any and all costs associated with storing the Artwork, including but not limited to,the cost of transporting the Artwork to and from the storage facility, from the date mutually agreed upon in writing by the Artist and City for delivery to the site until the Artwork is permanently installed. If, for reasons outside of the control of the Artist, the Artwork will not be able to be permanently installed within fourteen(14) days of its arrival date on site, as mutually agreed upon in writing by the Artist and City, and it is necessary to store the Artwork for more than fourteen (14) days prior to the permanent installation, the City must notify the Artist prior to delivery of the Artwork to the site. Storage of the Artwork will be at a location mutually agreed upon in writing by the Artist and City. Any and all costs associated with storing the Artwork, including but not limited to, the cost of transporting the Artwork from the storage facility, shall be apportioned between City and Artist as follows: • first day (as mutually agreed upon in writing by Artist and City for delivery to the site) of storage through day 14 Artist • day 15 until the date the Artwork is permanently installed--City 6.2 Storage Requirements - If the City is providing on-site storage, the City will provide a locked storage facility to adequately, as solely determined by the City, contain the Artwork and the materials and supplies reasonably required by Artist for the permanent installation of the Artwork. ARTICLE 7 FINAL APPROVAL OF ARTWORK Within ten (10) business days of the permanent installation of the Artwork, the City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If the City desires any modifications to the Artwork or finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of the City within fifteen (15) days of the date of the City's notice provided pursuant to Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. City of Wylie Public Arts Guidelines Plan Page 21 513257.v1 During Artist's lifetime, the City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work— To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork,this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Credit — The City agrees, at its own expense, to prepare and install at or near the Project a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) aggregate. In addition, Artist shall provide and maintain insurance for loss (including theft, fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: 1. Name the City, its officers, agents, representatives, and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance. 3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. Insurance company qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE The Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of the City for examination all of its records City of Wylie Public Arts Guidelines Plan Page 22 513257.v1 with respect to all matters covered by this Agreement, and will permit such representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls,records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Artist agrees that it is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all purposes. Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement void able. The Artist agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of the Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit"D"and incorporated herein for all purposes. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default — Failure or refusal of the Artist to perform any act herein required, unless mutually agreed to in writing by the City and the Artist shall constitute a default. In the event of a default, in addition to any other remedy available to the City, this Agreement may be terminated by the City upon ten (10) day written notice. Such notice does not waive any other legal remedies available to the City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If the City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, the City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of the Artist's design concept for the Project. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed. The Artist shall receive as compensation, full payment for services satisfactorily, as solely determined by the City, performed as outlined in Exhibit "B", as applicable, to the date of the termination notice received. The City shall make this final payment within thirty(30)days of notifying the Artist. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. City of Wylie Public Arts Guidelines Plan Page 23 513257.v1 ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF THE CITY (HEREINAFTER"CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL,BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,EXISTING OR CLAIMED TO EXIST,RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST AT A REASONABLE AND CUSTOMARY COST, IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO City of Wylie Public Arts Guidelines Plan Page 24 513257.v1 RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. ARTICLE 14 NOTICES Artist agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: [Name] Arts Contract Manager City of Wylie 2000 State Highway 78 Wylie, Texas 75098 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: [Artist Name] [Address] [City, State,Zip] Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D", all of which are incorporated herein for all purposes, constitute the entire agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. 15.2 Assignment and Subletting - The Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City. The Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Successors and Assigns - City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. City of Wylie Public Arts Guidelines Plan Page 25 513257.v1 15.4 Severability- In the event a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 15.5 Venue - This entire Agreement is performable in Collin County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any manner connected therewith shall be Collin County, Texas, and this Agreement shall be construed under the laws of the State of Texas. 15.6 Execution/Consideration - This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration,the sufficiency of which is forever confessed. 15.7 Authority - The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.8 Waiver - Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.9 Headings - The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.10 Multiple Counterparts - This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.11 Sovereign Immunity— The parties agree that the City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. 15.12 Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.13 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.14 Death of Artist—In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery, and installation of the Artwork shall be completed pursuant to the Artist's design, conception, and plans by [Backup Artist Name, Address, City, Street Zip, and Phone Number]. City of Wylie Public Arts Guidelines Plan Page 26 513257.v1 15.15 No Third Party Beneficiaries —Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. EFFECTIVE DATE: CITY: ARTIST: The City of Wylie,Texas By: By: Mindy Manson, City Manager Print Name: Title: Artist Approved as to Form: By: Abernathy, Roeder,Boyd& Joplin,P.C. City Attorneys City of Wylie Public Arts Guidelines Plan Page 27 513257.v1 STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of ,2008. Notary Public in and For the State of Texas STATE OF § § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared , Artist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of ,2008. Notary Public in and For the State of City of Wylie Public Arts Guidelines Plan Page 28 513257.v1 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND [NAME OF ARTIST] (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED [NAME AND LOCATION OF PROJECT] (PROJECT) Project Description [Description of Project] To fabricate and install the proposed [Project], artist [Artist Name] will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: ▪ Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). ■ A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. ■ A final project budget breakdown not to exceed [Total cost]. ■ An installation timeline. B) Following formal approval of the Public Arts Advisory Board, the Artist shall submit drawings stamped by an engineer, licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) The Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. The City will be responsible for preparation of the site, including installation of the foundation and lighting. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to the City within ten(10) days of City's final acceptance of the Artwork. City of Wylie Public Arts Guidelines Plan Page 29 513257.v1 EXHIBIT "B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND [NAME OF ARTIST] (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED [NAME AND LOCATION OF PROJECT] (PROJECT) Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed. Insurance documentation sent to City. 2 Submit final design and budget breakdown for approval to City Staff and Public Art Board. Stamped engineered drawings submitted. 3 Artist begins work on . 4 Artist completes work on . City inspection and approval. 5 Additional work. 6 Additional work. 7 Additional work. 8 Delivery and installation. 9 Final acceptance by project manager, submit maintenance worksheets, dedication. TOTAL City of Wylie Public Arts Guidelines Plan Page 30 513257.v1 EXHIBIT "C" AFFIDAVIT THE STATE OF § COUNTY OF § I, , Artist, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project(check all that apply); Ownership of 10% or more of the voting shares of the business entity. Ownership of$2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved and I have an equitable or legal ownership with a fair market value of at least$2,500. None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. Other: Upon the filing of this affidavit with the City of Wylie, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. SIGNED this day of , 20 . Signature of Official/Title BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief Sworn to and subscribed before me on this day of , 20 . Notary Public in and for The State of My commission expires: City of Wylie Public Arts Guidelines Plan Page 31 513257.v1 EXHIBIT "D" CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor or other person doing business with local government-1 entity Page 2 LI Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the, answer to A,13,,or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary_ A. Is the local gove ment officer named in this section receiving or likely to receive taxable income frorni the filer of the questionnaire? n Yes n No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer na ied in this section AND the taxable income is not from the local governmental entity? n Yes n No C. Is the filer of this questionnaire affiliated with a corporation or other business e bty that the local gover irnent officer serves', as an officer or director,or holds an ownership of 10 percent or more? Yes n No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Sighat re of person doig busr,ess with the governmental entity Date Amenderd,011130006 City of Wylie Public Arts Guidelines Plan Page 32 513257.v1 EXHIBIT "E" (Ordinance No.2006-37) City of Wylie Public Arts Guidelines Plan Page 33 513257.v1 EXHIBIT "F" (Ordinance No.2005-57) City of Wylie Public Arts Guidelines Plan Page 34 513257.v1 The PAAB Guidelines Plan and Contract provided in pages 1-34 were reviewed by the City Attorney's Office. City of Wylie Public Arts Guidelines Plan Page 35 513257.v1