10-16-2008 (Public Arts Advisory) Agenda Packet Public Arts Advisory Board
CITY:F WYLIE NOTICE OF MEETING
Special Called Meeting Agenda
OCTOBER 16, 2008 —6:30 pm
Wylie Municipal Complex
City Council Conference Room
2000 Highway 78 North
Stewart Matthews Chair
Polly Harrison Vice Chair
Patsy Robertson Board Member
Erin Dougherty 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: www.wvlietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wyl ietexas.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.
WORK SESSION
❑ Planning update and discussion regarding sub-committees for the first
annual Wylie Public Art Festival. (C. Ehrlich, PAAB liaison))
Executive Summary
PAAB members heard a presentation by Public Information Officer Kelly at the last regular meeting of
the Public Art Advisory Board. In that meeting a couple of scenarios were presented regarding dates
for the First Annual Wylie Art Festival. The board had requested Mr. Kelly to contact the Chamber of
Commerce to determine if the organization could set a specific annual date for the Christmas Parade
October 16,2008 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 2 of 3
and if the organization was interested in combining the art festival and parade each year. It was also
suggested that estimates on costs for the event be presented by Mr. Kelly. PAAB Chair Matthews
also asked that a discussion item be posted for possible committee chairs and a theme for the event.
Mr. Kelly has contacted the Wylie Chamber of Commerce and the organization has requested the
discussion be postponed until after this year's Christmas Parade and Tree Lighting event. Due to the
postponement, Mr. Kelly has requested that presentation of the specific date, theme for the event and
costs associated with the event be presented at the January 15, 2009 meeting. This information can
be more accurately provided once the determination has been made whether to combine the
activities or have a separate event.
A list of committees that will be needed is attached to this agenda item for your discussion. Once the
committees are determined and the board members responsible for each committee are decided,
formal approval of the individuals serving on each committee can be presented for your consideration
at a later date.
BUSINESS ITEMS
1. Consider and act upon approval of the minutes from the September 18, 2008
Public Arts Advisory Board Meeting. (C. Ehrlich, PAAB staff liaison)
2. Consider and act upon approval of an Art Consultant Contract between the City of
Wylie and ArchitecturalArts for the Fire Station #3 and Founder's Park Capital
Improvement Projects. (C. Ehrlich, PAAB staff liaison)
Executive Summary
During discussions regarding the Fire Station #3 project, the board suggested that since the Fire
Station #3 project had been extended to 2009, the art consulting and selection for the Founder's Park
Improvements Project be completed during the same time. This direction was made to allow both
projects to be more cost effective for both consulting and the procurement process. The attached
contract for art consulting includes an hourly rate for ArchitecturalArts President Sharon Leeber and a
cost for administrative and additional consulting from her staff. The contract also includes the amount
of meetings that will be included as well as the services provided from the selection of the artists,
fabrication of the art and the final installation and unveiling. There is also a "not to exceed" cost of
$3,700 for the Fire Station #3 project and $5,400 for the Founder's Park Improvements Project. The
services listed will not exceed these costs unless the board requests additional services.
Tabled from 9-18-08
(Motion to Remove from Table)
3. Consider and act upon the appointment of an Artist Selection Panel for the
Founder's Park Improvements Project. (C. Ehrlich, PAAB staff liaison)
Executive Summary
The first CIP project, the Public Arts Advisory Board will complete is Fire Station #3. This project has
a 1% for art budget of$34,625. Pursuant to the Wylie Public Arts Guidelines Plan, a selection panel
has been appointed to serve for this project and recommend artists to be considered to the Public
Arts Advisory Board and final approval by the Wylie City Council.
During subsequent discussions by the Public Arts Advisory Board, it was suggested that since the
Fire Station#3 Project has been extended to 2009, the inclusion of the Founder's Park Improvements
October 16,2008 Wylie Public Arts Advisory Board Special Called Meeting Agenda Page 3 of 3
Project be selected at the same time. The thought process was, both projects would be completed
between the middle to later part of 2009 and combining the projects would be more cost effective for
both consulting and artist calls.
This item has been tabled from the September 18, 2008 meeting to allow time for members to contact
individuals they would like to nominate to serve on this selection panel. Formal action on the selection
panel may also be approved during this agenda item.
ADJOURNMENT
CERTIFICATION
I certi that this Notice of Meeting was posted on this 13th day of October, 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: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Public Arts Advisory Board
CI_41 TY OF WYLIE AGENDA REPORT
g
Meeting Date: October 16, 2008 Item Number: Discussion Item
(City Secretary's Use Only)
Department: Board Liaison
Prepared By: Carole Ehrlich Account Code:
Date Prepared: 10-8-08 Budgeted Amount:
Exhibits: Sub-Committee List
Subject
Discussion regarding sub-committees for the Wylie Art Festival. (C. Ehrlich, Staff Liaison)
Recommendation
No action required
Discussion
PAAB members heard a presentation by Public Information Officer Kelly at the last regular meeting of the
Public Art Advisory Board. In that meeting a couple of scenarios were presented regarding times for the
First Annual Wylie Art Festival. The board had requested Mr. Kelly to contact the Chamber of Commerce to
determine if the organization could set a specific date for the Christmas Parade and if the organization was
interested in combining the art festival and parade each year. It was also suggested that estimates on
costs for the event be presented by Mr. Kelly. PAAB Chair Matthews also asked that a discussion item be
posted for possible committee chairs and a theme for the event.
Mr. Kelly has contacted the Wylie Chamber of Commerce and the organization has requested the
discussion be postponed until after this year's Christmas Parade and Tree Lighting event. Due to the
postponement, Mr. Kelly has requested that presentation of the specific date, theme for the event and
costs associated with the event be presented at the January 15, 2009 meeting. This information can be
more accurately provided once the determination has been made whether to combine the activities or have
a separate event.
A list of committees that were discussed at the last meeting is below for your discussion. Once the
committees are set, formal approval of the individuals serving on each committee can be presented for
your consideration at a later date.
Page 1
Page 2 of 2
Public Art Festival Committees
Event Logo/Theme Title
Fine Art Vendors (solicitation, guidelines, and scheduling)
High End Craft Vendors (solicitation, guidelines and scheduling)
Festive Foods Vendors (solicitation and scheduling)
Entertainment/Performing Arts (solicitation and scheduling)
Volunteers Committee (recruitment and scheduling)
Exposition Committee — Food Demos
Sponsorship Committee — (solicit sponsorships)
Publicity Committee — (publicize the event-radio-paper-city media)
Approved By
Initial Date
CE 9-15-08
Department Liaison
Public Arts Advisory Board
CITY OF WYLIE
Minutes
Special Called Board Meeting
September 18, 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 6:05 p.m. by Chairman Stewart Matthews noting the presence of a
quorum. Those in attendance were: Vice Chairman Polly Harrison and board members Ashley Burt,
Warner Washington, and Patsy Robertson. Board members Erin Dougherty and Kathy Spillyards were
absent.
Staff present were Craig Kelly, Public Information Officer and Carole Ehrlich, Board Liaison/Secretary.
Special Guests were: Lynn Grimes, Owner of the Wylie Art Gallery and Jennifer Wakefield, Wylie Art
Gallery board member.
WORK SESSION
❑ Planning update for the first annual Wylie Public Art Festival. (Craig Kelly,
Public Information Officer))
Public Information Officer Craig Kelly addressed PAAB stating that at the request of the board, he has two
recommendations to make for the timeframe for the Wylie Public Art Festival. He explained that he had been in
contact with the city administration, Wylie Downtown Merchants Association and the parks and recreation staff
and received positive feedback from all regarding the event. He noted that a project of this scope would require
many hours of work by the board to insure a successful event.
He explained that presently the City and Chamber of Commerce conduct a Christmas Parade and the Christmas
Tree Lighting in one event. He suggested the festival be scheduled in conjunction with the date of the parade and
tree lighting, or the tree lighting could be a separate event to culminate the art festival. The board asked if the
Wylie Christmas Parade could have a date specific time each year. PIO Kelly reported that this would need to be
discussed with the Chamber of Commerce as that organization sets the date each year. He explained that the
dates are set to not interfere with other events such as the football playoffs if WISD is participating and therefore
float each year.
Mr. Kelly reported that there were many volunteers that would need to be recruited for the event and each PAAB
member could choose to chair one of the committees. He suggested several committees to plan and implement
the event. These included: event logo/title committee, fine arts committee, entertainment committee, publicity
committee, exposition committee, food vendor committee and the sponsorship committee.
The board asked PIO Kelly to discuss the dates with the Chamber of Commerce to gather more information
regarding the possibility of combining the parade and the art festival or separating the tree lighting as a separate
event to culminate the art festival starting in December 2009. The board asked that the information be brought
back to the board for official approval at the next regular meeting. It was also suggested that estimates on costs
for the event be presented by Mr. Kelly. PAAB Chair Matthews also asked that a discussion item be posted for
possible committee chairs and a theme for the event.
❑ Update regarding upcoming CIP Public Art Projects for Fire Station #3 and
Founders Park. (Public Arts Advisory Board Liaison, Carole Ehrlich)
PAAB liaison Ehrlich reported that before the board could move forward with the first two projects, the contract for
consulting would need to be revised to include the Founder's Park Project. Ms. Ehrlich reported that with the
addition of the second project the cost for Fire Station #3 had been decreased to $3,700.00. She reported that the
two combined projects now have a consulting cost of less than 10%. In checking with other area cities, 10%
seemed to be the standard for consulting for art projects. She reported that these costs were for services listed
and these would be the"not to exceed" costs, however if additional services were requested, they would be at the
hourly rates as listed in the quote.
Direction from the board was to move forward with a contract for both projects and bring back to the next regular
meeting for review and possible approval by the board. It was also suggested that the travel be part of the overall
"not to exceed" cost if agreed to by the consultant.
BUSINESS ITEMS
1. Consider and act upon approval of the minutes from the August 28, 2008 Public
Arts Advisory Board Meeting.
Board Action
A motion was made by PAAB member Robertson, seconded by Vice Chair Harrison to approve the
August 28, 2008 PAAB minutes as presented. A vote was taken and passed unanimously with board
members Spillyards and Dougherty absent.
2. Consider and act upon the appointment of an Artist Selection Panel for the
Founder's Park Improvements Project.
Staff Comments
PAAB staff liaison Ehrlich addressed the board explaining that the first CIP project the Public Arts Advisory Board
will complete is Fire Station #3. This project has a 1%for art budget of$34,625. Pursuant to the Wylie Public Arts
Guidelines Plan, a selection panel has been appointed to serve for this project and recommend artists to be
considered to the Public Arts Advisory Board and final approval by the Wylie City Council.
She reported during subsequent discussions by the Public Arts Advisory Board, it was suggested that since the
Fire Station #3 Project had been extended to 2009, the inclusion of the Founder's Park Improvements Project
could be selected at the same time. The reasoning for the recommendation is, both projects would be completed
between the middle to later part of 2009 and combining the projects would be more cost effective for both
consulting and artist calls. She reported that she had not received any names of possible persons wishing to
serve on this committee from the board, to date.
September 18, 2008 Wylie Public Arts Advisory Board Minutes Page 2 of 3
Public Arts Advisory Board
CITY OF WYLIE AGENDA REPORT
Meeting Date: October 16, 2008 Item Number: 2
(City Secretary's Use Only)
Department: Board Liaison
Prepared By: Carole Ehrlich Account Code:
Date Prepared: 10-9-08 Budgeted Amount:
Exhibits:
Subject
Consider and act upon approval of an Art Consultant Contract between the City of Wylie and
ArchitecturalArts for the Fire Station #3 and Founder's Park Capital Improvement Projects. (C.
Ehrlich, PAAB staff liaison)
Recommendation
Motion to approve of an Art Consultant Contract between the City of Wylie and ArchitecturalArts for
the Fire Station #3 and Founder's Park Capital Improvement Projects.
Discussion
During discussions regarding the Fire Station #3 project, the board suggested that since the Fire Station #3
project had been extended to 2009, the art selection for the Founder's Park Improvements Project be selected
at the same time. This direction was made to allow both projects to be more cost effective for both consulting
and the procurement process. The artist calls and subsequent interviews with the selection panels could be
attended back to back to save travel time by the consultant.
The attached contract for art consulting includes an hourly rate for ArchitecturalArts President Sharon Leeber
and a cost for administrative and additional consulting from her staff. The contract also includes the amount of
meetings that will be included as well as the services provided from the beginning of the process of selection of
the artists, fabrication of the art and the final installation. There is also a "not to exceed" cost of $3,700 for the
Fire Station #3 project and $5,400 for the Founder's Park Improvements Project. The services listed will not
exceed these costs unless the board requests additional services.
City attorney, Claire Swann (Abernathy-Roeder et al) has reviewed this contract. It is being presented tonight
for board review and consideration. The agreement has also been reviewed by the City Manager.
Approved By
Initial Date
Department Liaison CE 10-9-08
Page 1
CONSULTING AGREEMENT
This Agreement is entered into on this day of October, 2008, ("Effective Date")
between the City of Wylie, Texas, a Texas municipal corporation, as (the "City"), and Sharon
Leeber, of Architectural Arts Company, as Consultant(the "Consultant"); and
WHEREAS, the City desires to engage the services of the Consultant to perform artist
consulting services for the Fire Station #3 Project and the Founders Park Project, as described in
Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the
"Projects"); and
WHEREAS,the Consultant desires to render such services for the City upon the terms and
conditions provided herein.
NOW,THEREFORE,in consideration of the foregoing,City and Consultant hereby agree as
follows:
1. Engagement of Consultant. City hereby engages Consultant to serve as the
consultant for the Projects.
2. Scope of Services. Consultant shall assist the City in finding and selecting the
appropriate artist(s) and art to be installed in the Projects. This service shall include the following
services:
a. Initial identification of artist(s);
b. Indentifying and preparing any materials needed for mailings or for the
artist(s);
c. Making initial contact with artist(s);
d. Attending up to six(6)meetings for the art selection panels designated for the
Projects,the Public Arts Board, and the City Council, when the selection of
the artist(s) or the art for the Projects is being discussed on an agenda. At
such meetings, the Consultant shall provide guidance, information, and
assistance in helping the panel, board, and/or council select the artist(s)
and/or art for the Projects;
e. Working with the selected artist(s)and the City Council to prepare a timeline
for installation and unveiling of the selected art;
f. Working with the artist(s)on the parameters of the project to ensure that the
project is consistent with the desires and expectations of City Council;
g. Performing periodic checks of the artist(s)' work (i.e. materials, standards,
safety, etc.); and
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 1
524177.v3
h. Coordinating site preparation, installation, and"unveiling"of the project by
working with the artist(s) and the City.
3. City's Obligations.
a. Compensation for the Consultant will be paid on an hourly basis of one
hundred and fifty dollars/hour($150.00/hour).Compensation for Lou Zibton
("Administrative Assistant") and Karen Weiner ("Art Consultant") will be
paid on an hourly basis of forty-five dollars/hour($45.00/hour). Consultant
will present a statement for hours worked by Consultant, Administrative
Assistant, and Art Consultant to City on a bi-monthly basis on the fifteenth
and thirty-first of each month, and City will remit payment within two (2)
weeks of receipt of the statement from Consultant. Consultant agrees that in
no event will total compensation for all services provided exceed three
thousand seven hundred dollars ($3,700.00) for the Fire Station #3 Project
and five thousand one hundred dollars and 00/100 cents ($5,100.00) for the
Founders Park Project.
b. The City of Wylie shall also provide:
i. Initial mailings if needed;
ii. Space for meetings;
iii. Small space for assembling initial parts of artist(s)' files;
iv. Contract negotiations with artist(s);
v. Cost of minimal consultant travel if the artist(s)are not"local"artists,
including one trip to check progress of art and one trip to check art
before shipping to City; and
vi. A small fee to artist(s) for final maquettes, if agreed upon by
consultant and council in writing.
4. Term. The Term of this Agreement shall be for a period of eleven (11) months
commencing from the Effective Date of this Agreement.
5. Independent Contractor. The parties hereto intend that the relationship between them
created by this Agreement is that of City-Independent Contractor. The conduct and control of the
work to be performed by Consultant under this agreement will be the sole and exclusive concern of
Consultant. City is interested only in the results retained by Consultant. Consultant is not an
employee of City and is not entitled to the benefit provided by City to any of City's employees,
including, but not limited to, group insurance and other benefit plans. Consultant shall be free to
practice Consultant's profession,including the provision of services,for others during those periods
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 2
524177.v3
when Consultant is not performing work under this agreement.
6. Indemnity. CONSULTANT 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), 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 CONSULTANT, ITS OFFICERS,
AGENTS,REPRESENTATIVES,EMPLOYEES,SUBCONTRACTORS,LICENSEES,INVITEES OR ANY OTHER
THIRD PARTIES FROM WHOM CONSULTANT IS LEGALLY RESPONSIBLE,IN ITS/THEIR PERFORMANCE
OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY
CONSULTANT 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 CONSULTANT AND
ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S
EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH CONSULTANT,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. CONSULTANT 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 CONSULTANT IN FULFILLING ITS OBLIGATION HEREUNDER TO
DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CONSULTANT 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 CONSULTANT'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF
CONSULTANT'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. CONSULTANT
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 CONSULTANT FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY
SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF,AND CONSULTANT
SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY.
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 3
524177.v3
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
7. Termination. This Agreement shall terminate upon the end of the Term stipulated
above in Section 3. Otherwise,either party may terminate this Agreement by giving the other party
sixty(60) days prior written notice of intent to terminate the Agreement.
8. Notices. All notices and other communications to City regarding the consulting
services provided for herein shall be addressed to:
If to City:
Carole Ehrlich, City Secretary
City of Wylie
2000 State Highway 78
Wylie, Texas 75098
All notices and other communications to Consultant regarding the consulting services provided for
herein shall be addressed to:
If to Consultant:
Sharon Leeber
Architectural Arts Company
6410 Dykes Way
Dallas, Texas 75230
9. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision thereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
10. Assignment and Subletting. The Consultant 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 Consultant 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 Consultant
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 Consultant, and there shall be no third party
billing. In no way shall this provision be interpreted to prevent the payment and/or performance of
Administrative Assistant or Art Consultant under this Agreement.
11. Sovereign Immunity. The Parties agree that City has not waived its sovereign
immunity by entering into and performing their obligations under this Agreement, except as to
Chapter 271, Subchapter I of the Local Government Code
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 4
524177.v3
12. Force Majeure; City Delays.
a. Neither party shall be liable or deemed to be in default for any delay or failure
in performance of this Agreement or other interruption of service or
employment deemed to result,directly or indirectly, from Acts of God,civil
or military authority, acts of public enemy,war, accidents,fires,explosions,
earthquakes, floods, failure of transportation, strikes or other work
interruptions by either party's employees, or any similar or dissimilar cause
beyond the reasonable control of either party.
b. Should the City cause the performance of this Agreement to be suspended or
delayed through no fault of the Consultant,the Term of this Agreement shall
be extended by an amount of time proportionate to any such suspension or
delay.
13. Amendments. This Agreement may be amended or modified only by an instrument in
writing duly execute by the parties hereto.
14. Governing Law. This Agreement shall be construed according to the laws of the state
of Texas and venue for all purposes hereof shall be in Collin County.
15. Successors. This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their respective successors and permitted assigns, provided, however, that this
Agreement and the obligations hereunder shall not be delegated or assigned by Consultant without
prior written permission from City.
16. Further Documentation. Each party shall, at the request of the other party, execute
any document reasonably necessary to implement the provisions of this Agreement.
17. Miscellaneous. This agreement represents the entire agreement between the City and
Consultant. It is the intention of the parties that this Agreement supersede any and all prior verbal or
written agreements or understandings between them relating to the engagement of Consultant's
services for City.
18. Counterparts. This Agreement may be signed in two counterparts,provided that each
party receives a copy fully signed by the other party.
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 5
524177.v3
The parties have EXECUTED this Agreement on the 17th day of October, 2008.
CITY:
City of Wylie, Texas, a Texas municipal corporation
By:
Mindy Manson, City Manager
CONSULTANT:
Sharon Leeber,Architectural Arts Company
By:
Printed Name:
Title:
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 6
524177.v3
Exhibit A
Description of Projects
Fire Station #3 Project:
A Capital Improvement Project to construct a fire station at the corner of Eubanks
Street and Brown Street.
Founders Park Project:
A Capital Improvement Project to complete Phase II of the improvements in
Founders Park located at 851 Hensley Lane.
Consulting Agreement between the City of Wylie and Sharon Leeber of Architectural Arts.Co. Page 7
524177.v3
Public Arts Advisory Board
CITY OF WYLIE AGENDA REPORT
Meeting Date: October 16, 2008 Item Number: 3
(City Secretary's Use Only)
Department: Board Liaison
Prepared By: Carole Ehrlich Account Code:
Date Prepared: 10-8-08 Budgeted Amount:
Exhibits:
Subject
Tabled from 9-18-08
(Motion to Remove from Table)
Consider and act upon the appointment of an Artist Selection Panel for the Founder's Park
Improvements Project. (C. Ehrlich, Staff Liaison)
Recommendation
Motion to appoint the following members to the Artist Selection Panel for the Founder's Park
Improvements Project.: and as an
advisory member.
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 months with the assistance of art consultant Sharon Leeber, the Wylie Public Arts Guidelines Plan
have been completed and finally approved by City Council.
The first CIP project, the Public Arts Advisory Board will complete is Fire Station #3. This project has a 1% for
art budget of$34,625. Pursuant to the Wylie Public Arts Guidelines Plan, a selection panel has been appointed
to serve for this project and recommend artists to be considered to the Public Arts Advisory Board and final
approval by the Wylie City Council.
During subsequent discussions by the Public Arts Advisory Board, it was suggested that since the Fire Station
#3 Project has been extended to 2009, the inclusion of the Founder's Park Improvements Project be selected
at the same time. Per the PAAB Guidelines Plan, a selection panel must be appointed for the Founder's Park
Improvement Project.
This item has been tabled from the September 18, 2008 meeting to allow time for members to contact
individuals they would like to nominate to serve on this selection panel. Formal action on the selection panel
may also be approved during this agenda item.
Page 1
Page 2 of 2
Pursuant to the guidelines, 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 the Parks & Recreation department if available. This balance helps
to achieve the desired goal which brings the highest quality possible for the budget and process.
Approved By
Initial Date
Department Liaison CE 10-16-08
Public Art Selection Panel Nominations
Founder's Park Capital Improvement Project
Bill Nelson - Wylie Parks Superintendent
Anne Hiney - Wylie Parks Board Chair
Non Voting Advisory Members
Francois De Koch - Half and Associates - Project Architect
Mike Sferra - Public Services Director
Chris Hoisted - City Engineer