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2022-04-26 SLAC Packet
Southlake Arts Council Meeting April 26, 2022 CITY OF SOUTH LAKE MEMORANDUM April 22, 2022 TO: Southlake Arts Council FROM: Milenka Lopez, Assistant to the Director SUBJECT: Agenda Item Comments for the Southlake Arts Council meeting on Tuesday, April 26, 2022, at 6:OOpm The meeting will be held on Tuesday, April 26, 2022, at Champions Club Hall of Fame rooms. If you are not able to attend this meeting, please notify staff at 817.748.8963 or mlopez(a)-ci. southlake. tx. us Regular Agenda: Agenda Item No. 1. Call To Order 2. Agenda Item No. 2. Public Forum This is the public's opportunity to address the Arts Council about non -agenda items. During Public Forum, the Arts Council will not discuss or take action on any item brought up at this time. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less. 3. Agenda Item No. 3. Consent A. Approval of the minutes from the March 22, 2022, Southlake Arts Council meeting - Please make any corrections to the minutes part of the motion for consideration. 4. Agenda Item No. 4. Consider A. Recommendation on final concept and contract with artist Mark Weisbeck for public art to be installed at the Libertv Gardens at Bicentennial Park - The purpose of this item is for the Southlake Arts Council to review Mark Weisbeck's final concept proposal and contract for public art to be installed at the Liberty Gardens at Bicentennial Park and make a recommendation to City Council. A copy of the Public Art Policy, Mark Weisbeck's Proposal, and the Standard Arts Agreement with Mark Weisbeck is included in your packet. B. Approve the Public Art Display Permit for the Southlake Sister Cities Youth Art Contest- The purpose of this item is to approve a permit request from Southlake Sister Cities allowing an art gallery exhibit to be held in the Town Hall Lobby for the Southlake Sister Cities Youth Art Contest. Southlake Arts Council Meeting April 26, 2022 • Southlake Sister Cities Youth Art Contest Exhibit o Exhibit:08/26-09/09 5. Agenda Item No. 5. Discussion A. Be the Bridge Statue Update- This item allows for an update on the current maintenance of the Be the Bridge statue. No packet document. B. Aria Sound System Update- This item allows for an update on the current sound system in place at Aria Amphitheater and potential upgrades. No packet document. C. Southlake Presents Update: This item allows for a discussion on the Southlake Presents Art Show and Competition. No packet document. D. FY 2022 Protects: This item allows for a discussion on FY 2022 upcoming projects for the Arts Council. No packet document. E. Website Workshop: This item allows for a Southlake Public Art website workshop. No packet document. 6. Agenda Item No. 6. Adjournment For your Information- Attendance Report- A copy of the Southlake Arts Council attendance report is included in your packet. We appreciate your commitment and service to the City. Liaison Contact Information: Milenka Lopez Assistant to the Director STAFF CONTACT INFORMATION: Telephone- (817) 748-8963 Facsimile- (817) 748-8027 285 Shady Oaks Drive, Southlake, Texas 76092 Milenka Lopez, Assistant to the Director, mlopezCa)-ci.southlake.tx.us Vicky Schiber, Community Relations Manager, vschiber(a-)-ci.south lake.tx.us CITY OF SOUTH LAKE SOUTHLAKE ARTS COUNCIL Tuesday, April 26, 2022 Location: The Marq Southlake Champions Club- Hall of Fame Classroom 285 Shady Oaks Blvd. Southlake, Texas 76092 Time: 6:00 p.m. Regular Agenda: 1. Call to Order 2. Public Forum (This is the Public's opportunity to address Southlake Arts Council about non -agenda items. During Public Forum, Southlake Arts Council will not discuss, consider or take action on any items presented. Southlake Arts Council respectfully asks anyone speaking during Public Forum to limit remarks to three minutes or less.) 3. Consent A. Approve the minutes from the March 22, 2022, Southlake Arts Council meeting 4. Consider A. Recommendation on final concept and contract with artist Mark Weisbeck for public art to be installed at the Liberty Gardens at Bicentennial Park B. Approve the Public Art Display Permit for the Southlake Sister Cities Youth Art Contest 5. Discussion A. Be the Bridge Statue Update B. Aria Sound System Update C. Southlake Presents Update D. FY 2022 Projects E. Website Workshop 6. Adjournment CERTIFICATE I hereby certify that the ��gyagg nda was posted on the official bulletin boards at Town Hall, 1400 Win Street, Southla"tA<OnYyday, April 22, 2022, by 6:00 p.m. pursuant to Chapter 551 of the as Government$ Am helley, MLO a City Secretary �" '• ' If you plan to attend this pub��. wing and havp'a dis$ility that requires special needs, please advise the City Secretary 48 hours in advance at 817.748.8016 reasonable,'�coniTtWaUons v .Ynade to assist. ��'f.'J J I J,V' City of Southlake Values: Integrity ♦ Innovafibn ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork CITY OF SOUTHLAKE SOUTHLAKE ARTS COUNCIL MEETING MINUTES: MARCH 22, 2022 LOCATION: The Marq Southlake 285 Shady Oaks Blvd. Southlake, Texas 76092 TIME: 6:00 p.m. SOUTHLAKE ARTS COUNCIL PRESENT: Chair Tamara McMillan, Vice Chair Deanna Kienast, Secretary Beatriz Terrazas and Southlake Arts Council members; Terri Messing, Leslie Walker, and Alison Viktorin SOUTHLAKE ARTS COUNCIL ABSENT: Southlake Arts Council Member Julie Doyle and Nadia Hassan Alternate #1 STAFF PRESENT: Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber CITY COUNCIL MEMBER PRESENT: Council Member Kathy Talley REGULAR SESSION 1. CALL TO ORDER Southlake Arts Council Chair Tamara McMillan called the meeting to order at 6:01 p.m. 2. PUBLIC FORUM Chair McMillan opened the Public Forum at 6:01 p.m. There being no one present to address the Arts Council, the Public Forum was closed at 6:01 p.m. 3. CONSENT CONSENT AGENDA Consent Agenda items are considered routine by the Arts Council and are enacted with one motion. 3A. APPROVAL OF THE MINUTES FROM THE FEBRUARY 22, 2022, SOUTH LAKE ARTS COUNCIL MEETING Chair McMillan presented the Consent Agenda, including approval of the minutes of the February 22, 2022, Southlake Arts Council meeting. Chair City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-1 Minutes of the March 22, 2022 Southlake Arts Council Meeting Page 2 of 4 McMillan asked if there were any revisions to the minutes. No revisions were discussed. APPROVED A motion was made to accept the minutes of the February 22, 2022, meeting as read. Motion: Kienast Second: Walker Ayes: Kienast, McMillan, Messing, Nays: None Abstain: None Vote: 6-0 Motion passed. 4. CONSIDER Terrazas, Viktorin, Walker 4A. APPROVAL OF THE SOUTHLAKE HISTORICAL SOCIETY SUMMER EXHIBITE THEME AND RECEPTION Assistant to the Director Milenka Lopez presented item 4A to the Arts Council for consideration and was available to answer questions. APPROVED A motion was made to approve the Southlake Historical Society Summer Exhibit Theme and Reception as presented. Motion: Messing Second: Kienast Ayes: Kienast, McMillan, Messing, Terrazas, Viktorin, Walker Nays: None Abstain: None Vote: 6-0 Motion passed. 5. DISCUSSION 5A. BE THE BRIDGE STATUE UPDATE Assistant to the Director Milenka Lopez and Community Relations Manager Vicky Schiber presented updates about the Be the Bridge Statue maintenance and were available to answer questions. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-2 Minutes of the March 22, 2022 Southlake Arts Council Meeting Page 3 of 4 Direction to Staff: none 5B. ARIA SOUNDBOARD UPDATE Assistant to the Director Milenka Lopez presented progress on item 413 and was available to answer questions. Direction to Staff: none 5C. PATRIOTIC ART AT THE LIBRARY GARDENS Assistant to the Director Milenka Lopez presented item 5C for discussion and was available to answer questions. The Arts Council most liked Mark Weisbeck's concept. Direction to Staff: Ask Mark Weisbeck for a formal proposal for his Remembrance and Renewal piece and make it a consider item for next month. 5D. SOUTHLAKE PRESENTS BLIND JURY Assistant to the Director Milenka Lopez presented the Southlake Presents Art Show and Competition submissions to the Arts Council and was available to answer questions. The Southlake Arts Council chose 15 artists whose works will be exhibited in the Southlake Town Hall Lobby for the Southlake Presents Exhibit. Direction to Staff: Reach out to selected and not selected artists and let them know the hanging instructions, hang art on April 29, at 9:00 AM. 6. ADJOURNMENT APPROVED A motion was made to adjourn the meeting at 7:52 p.m. Motion: Walker Second: Viktorin Ayes: Kienast, McMillan, Messing, Terrazas, Viktorin, Walker Nays: None Abstain: None Vote: 6-0 Motion passed. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-3 Minutes of the March 22, 2022 Southlake Arts Council Meeting Page 4 of 4 Attest: Tamara McMillan, Chair Community Services Department City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 3A-4 CITY OF SOUTHLAKE MEMORANDUM April 22, 2022 To: Southlake Arts Council From: Milenka Lopez, Assistant to the Director Subject: Recommendation of final concept and contract with artist Mark Weisbeck, DBA Weisbeck Design, in an amount not to exceed $90,000 for public art to be installed at the Liberty Gardens at Bicentennial Park. Action Requested: Recommendation of final concept and contract with artist Mark Weisbeck, DBA Weisbeck Design, in an amount not to exceed $90,000 for public art to be installed at the Liberty Gardens at Bicentennial Park. Background Information: The Public Art Master Plan recommends commissioning and installing public art pieces for beautification and to celebrate the history of Southlake through the arts throughout the city. Currently there is a water fountain in the Liberty Gardens that needs several costly repairs. In lieu of repairing the fountain, the Community Services Department wishes to remove it and replace it with public art. The Southlake Arts Council extended an invite to different artists in February 2022 to submit concepts for a commissioned sculpture to be placed in the Liberty Gardens at Bicentennial Park. Staff presented the submissions for Arts Council's initial review in the March 22, 2022, Arts Council Meeting. Staff will present the finalist's submission for Arts Council's official review and recommendation during the April 26, 2022, Arts Council meeting. Financial Considerations: Funding not to exceed $90,000 for the design and installation of artwork is provided in the Capital Improvement Fund. Strategic Link: Recommendation on the final concept and contract for public art is linked to the City's Strategy Map related to Quality Development and Performance Management and Service Delivery and meets the City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-1 Southlake Arts Council Meeting Date — April 26, 2022 Page 2 of 2 corporate objectives of Collaborate with Select Partners to Implement Service Solutions and Invest to Provide and Maintain High Quality Public Assets. It also is connected to Critical Business Outcome 05, to Improve quality of life through progressive implementation of Southlake's Comprehensive Plan recommendations. Citizen Input/ Board Review: The selection of public art complies with provisions of the Public Art Display and/or Performance Policy and the Southlake 2030 Public Art Master Plan. Southlake Arts Council reviewed proposed finalists' concepts and selected Mark Weisbeck's concept on March 22, 2022. Southlake Arts Council review of final concept and contract and recommendation to City Council on April 26, 2022. City Council consideration May 17, 2022. Legal Review: Not Applicable Alternatives: Approve final concept as is Approve final concept with recommended edits Deny final concept and explore other options Supporting Documents: • Public Art Policy • "Remembrance and Renewal" project concept and proposal • Mark Weisbeck Standard Arts Agreement Recommendation: Southlake Arts Council recommendation to City Council on final concept and contract with artist Mark Weisbeck, DBA Weisbeck Design, in an amount not to exceed $90,000 for public art to be installed at the Liberty Gardens in Bicentennial Park. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4A-2 OFFICIAL RECORD CITY OF SOUTHLAKE ORDINANCE NO.803-A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 2, ARTICLE XI, PUBLIC ARTS POLICY, OF THE SOUTHLAKE CITY CODE TO PROVIDE THAT THE SOUTHLAKE ARTS COUNCIL SHALL REVIEW PUBLIC ART ISSUES AND MAKE RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING PUBLIC ARTWORKS; PROVIDING THAT THE PUBLIC ARTS ADVISORY COMMISSION IS ABOLISHED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the goal of the City Council to provide a fair and equitable method of selecting, acquiring or otherwise providing for elements of public artworks based on aesthetic excellence rather than specific content; and WHEREAS, the City Council has recently adopted Chapter 2, Article V, Division 6 of the Southlake City Code which provides that the Council shall appoint the Southlake Arts Council to serve as an advisory body and make recommendations to the Council concerning public artworks; and WHEREAS, the City Council is grateful to the existing Public Art Advisory Committee ("PAAC") which has provided valuable advice and recommendations to the City Council on various issues concerning public art; and WHEREAS, the City Council now desires to amend the City's Public Art Policy to abolish the PAAC and assign the current duties and responsibilities of the PAAC to the Southlake Arts Council, together with new and additional duties and responsibilities; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I. That Chapter 2, Article XI, Public Art Policy, of the Southlake City Code is hereby amended to read as follows ARTICLE XI. PUBLIC ART POLICY Sec. 2-451. Purposes and goals. (a) Purpose. The purpose of the public art program is to support a public process for incorporating artist services and artworks in the design of civic spaces and facilities, and to define the programs, policies and guidelines for acquiring and commissioning of art of the highest standards which shall enrich the quality of life for all residents and visitors of the city. City Council Approved 5/15/07 (6-0) Item 4A-3 (b) Goals. The goals of the public art program are to create a better visual environment for the residents and visitors of the City and to integrate the design of work of artists into the development of eligible City projects, as expressed in the public art plan. The public art policy specifically seeks to: (1) Encourage the selection of artists at the beginning stages of each project who can work successfully as members of the project design team, and to encourage collaboration among all arts and building disciplines; (2) Foster quality design and the creation of an array of artwork in all media, materials and disciplines that best respond to the distinctive characteristics of each project site and the community that it serves; (3) Select experienced artists who can represent the cultural landscape of the City. (4) Encourage the selection of artworks that are accessible to the public and respect the historical resources and mobility of the citizenry; (5) Encourage artists, artworks and programs for open spaces, parks, and facilities that enhance the quality and pride of neighborhoods in the City; (6) Encourage the participation by citizens in the process of acquiring and commissioning of public art; (7) Encourage the role of public art in enhancing economic development and cultural tourism; (8) Encourage the role of artists and public art in the functional design of eligible projects; and (9) Exhibit art in designated facilities for the enjoyment of the public and to heighten awareness and appreciation for art. Sec. 2-452. Definitions. In this Article, the following terms shall have the meanings set forth herein: Artist: A practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and recognized ability, who produces artworks. Artist services: Professional services by artists to develop designs for artworks or other architectural, landscape, or urban design elements, either individually or as a member of a project design team. Artists registry: A regional local, national, and international slide and digital collection of artists and artworks used as a resource for art, art activities, and for the public art selection process. City Council Approved 5/15/07 (6-0) Item 4A-4 Artwork: A work of visual art created by or under the direction of one or more artists, including a painting, drawing, print, sculpture, photographic image, or multimedia work, whether two- or three dimensional, existing in a single copy or in a limited edition of 200 or fewer copies that are consecutively numbered by the artist and bear the signature or other identifying mark of the artist. Deaccessioning: The removal, relocation, selling or trading of artworks owned by the City. Donations (and gifts): Art donated to the City from a private individual or institution and/or other outside sources. Loan: Artworks provided to the City for its use for a period of time and to be returned to the owner after the loan period expires. Policy: This public art policy as adopted by the City Council, including any future additions, deletions or revisions thereto. Public art project: A commission, acquisition, loan or donation of artwork to the City pursuant to this policy, including the process by which such event is initiated, developed, evaluated, conducted and completed. Southlake Arts Council: An advisory board appointed by the City Council to make recommendations to the City Council concerning matters pertaining to public art and art activities, including but not limited to visual arts, performing art programs and art facilities. Sec. 2-453. Applicability. (a) Applicability. This policy applies to all artwork commissioned by, acquired by, loaned to, or donated to the city for the purpose of public exhibition or use, except as provided otherwise in this section. (b) Exclusions. This policy does not apply to: (1) Works that are mass produced or created primarily for merchandising, advertising, or commercial purposes; (2) Works that are made by public or private school students as part of school curriculum or approved extracurricular activity; (3) Works that are otherwise recognized by the City Council as being outside the scope of the policy's purposes and goals. Sec. 2-454. General criteria for public art project development. (a) Aesthetic excellence. The art projects shall strive to be of the highest aesthetic and enduring value. City Council Approved 5/15/07 (6-0) Item 4A-5 (b) Site specific. The relationship of art and site shall be considered in terms of integration of art and architecture with landscape, social dynamics, local character and surrounding urban context. (c) Durability of design and materials. Art projects shall be designed with consideration of minimum maintenance requirements and maximum resistance to vandalism. Sec. 2-455. Implementation and oversight of policy. (a) City Council. The City Council shall have ultimate authority to review, evaluate, accept, reject and oversee all phases of public art projects and the implementation of this policy, except as provided otherwise in this Article. (b) Southlake Arts Council. The Southlake Arts Council (hereinafter referred to as "the Arts Council") shall have the authority to perform the following functions: (1) Make recommendations to the City Council concerning matters relating to public art, art activities and art facilities as provided in Chapter 2, Article V, Division 6 of the City Code, as amended. (2) Accept and fund from the budget, if any, provided the Arts Council by the City Council public arts projects, provided such public arts projects are consistent with this Article and the policies regarding public art established by the City Council. (3) Accept donations within the monetary limits provided in Chapter 2, Article V, Division 6 of the City Code. (c) Department of community services responsibilities. The Department of Community Services shall have the following responsibilities: (1) Maintain an inventory of publicly accessible spaces which are potential sites for placing artworks and/or incorporating art into the design of the projects; (2) Plan, develop and coordinate existing and future sites for the incorporation of artworks and artist services; (3) Develop and implement artwork projects at the specific sites, as designated by City Council; (4) Inform the Arts Council and/or City Council of any departmental activity related to the development and implementation of artwork and artist services; (5) Inform the Arts Council and/or City Council of planning for targeted improvement areas, which could potentially incorporate an art project; (6) Maintain all public works and art places as the responsibility and property of the City; and City Council Approved 5/15/07 (6-0) Item 4A-6 (7) Act as a liaison between the Arts Council, City departments, artists and the public. Sec. 2-456. Approval process. (a) Initial review. Each public art project proposal proposed for approval by the City shall be submitted to the Arts Council for review. During such review process, the Arts Council may (1) request revisions and resubmission, (2) reject the proposal, or (3) if the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, tentatively accept the proposal, or (4) if the budget provided the Arts Council by the City Council does not has a sufficient balance to fund such project, but the Arts Council still determines that the City should accept the project, recommend that the City Council accept the project. Each public art project proposal so recommended for approval by the Arts Council and the Department of Community Services shall be submitted to the City Council for review. During such review process, the City Council may (1) request revisions and resubmission, (2) reject the proposal, or (3) tentatively accept the proposal. (b) Public comment and final acceptance. If a public art project is tentatively accepted as provided in this Article, the proposal shall then be made available for public review and comment in a manner designated by the City Council. Public comments on the proposal shall be provided to the Arts Council and the Department of Community Services for review and consideration. If the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, the Arts Council shall determine whether to finally accept and fund the project from its budget. If the budget provided the Arts Council by the City Council has a sufficient balance to fund such project, the Arts Council and the Department of Community Services shall then make their final recommendations on the proposal to the City Council for its determination. Sec. 2-457. Funding. (a) Percent for art. The City Council shall determine, after all estimates of necessary expenditures and all requests for authorizations and appropriations for City capital improvement plan (CIP) projects, an amount for art not exceeding one percent of the original estimated construction cost of any eligible project. For CIP construction projects, the original estimated construction cost shall be that estimated in the CIP for the year in which such funding is approved by the City Council. (1) For those projects which are only partially funded by the City, assessment shall be based on the City's portion of the original estimated construction cost. All City grant applications for federal, state, or county support of eligible construction projects shall include a request for funds for the purpose of public art projects. Additionally, the City shall actively seek to encourage its partners in all joint public/private ventures to participate in public art projects. (2) As provided in the policy, the Arts Council shall make periodic reviews, at least annually, of all CIP projects and other City construction projects. This review shall occur during the CIP planning process and annual operating budget process, for the purposes of making recommendations to the City Council regarding appropriations for works of art and art projects. City Council Approved 5/15/07 (6-0) Item 4A-7 (3) A public art fund shall be established by the City for the purposes of administering public art projects. The funds contained in said account shall be used for the selection, acquisition, installation, and substantive structural repair and maintenance of art and art projects commissioned and/or purchased through the program. These public art funds shall be maintained in accordance with accepted governmental accounting procedures. All appropriations to and allocations from the public art fund shall occur in accordance with any legal restrictions associated with the source of funds. (4) The City Council may allocate a portion of the public art fund described in this section to be disbursed by the Arts Council pursuant to the authority, duties, and responsibilities described in this Article. (5) Except as provided otherwise in this Article, the City Council must expressly authorize all disbursements from the public art fund. (b) Improvement districts. The City, at its discretion or by representation from others, may petition to create improvement districts as authorized under Chapter 372 of the Local Government Code for purposes which may include the provision of public art. The hearings, assessments, service plans, and disbursements of any improvement district shall comply with the provisions of Chapter 372. (c) Grants. The City shall actively pursue any state grant monies for public art for which it may be eligible and shall deposit said monies into the public art fund for disbursement. (d) Donations or gifts. Donations and gifts of money accepted by the City shall be deposited in the public art fund. See. 2-458. Donations and loans of artwork. (a) City Council authority regarding acceptance of Donations. Except as provided otherwise in this Section, any decision regarding acceptance concerning a donation or loan of artwork will be made by the City Council upon a recommendation of the Arts Council, with each proposed donation or loan being reviewed on an individual basis. (b) Exceptions. Exceptions to this review process are: (1) Exhibitions or loans of 60 days or less. Any artwork or exhibition of artworks to be displayed on City property for 60 days or less will not be subject to the above outlined review process. Review and approval will be the responsibility of the department or agency with jurisdiction over the space involved. (2) Gifts of state. Gifts of state presented to the City by foreign governments (municipal, state, or national) may be accepted by the Mayor or the City Manager on behalf of the City. City Council Approved 5/15/07 (6-0) Item 4A-8 (3) Donations within authority of Arts Council. Donations reviewed and accepted by the Arts Council within the authority granted the Arts Council. Sec. 2-459. Criteria for Exhibitions. (a) Criteria for donations and Loans. Criteria for exhibitions of artwork, including donations or loans of artwork requiring review: (1) An exhibit agreement shall be executed outlining the responsibilities of the exhibitor and the City. The City assumes no liability for the exhibition or loan other than specifically outlined in this agreement, and the artist shall execute a waiver of liability agreement. (2) The City shall in no way act as agent in connection with the sale of exhibited works not owned by the City. (3) Purchase prices shall not be posted, nor shall they be listed in exhibit brochures. (4) Inquires regarding purchase prices shall be referred to the exhibitor or his/her agent. (5) Transactions for the purchases of exhibited items shall be directly between the purchaser and the exhibitor or his/her agent. Such transactions shall not be conducted on or in the exhibit site. (6) The City shall receive no fees, commissions or other regard from purchase of items from exhibits. (7) The City employees shall be treated as any other citizens with regard to purchase of exhibited items. (8) The City shall control the location and arrangement of all temporary exhibitions, and reserves the right to reject any part of an exhibition or to change the manner of display if the items to be exhibited are lacking in artistic or cultural merit. (9) Book lists, posters, signs, brochures, publicity, and all materials relative to any exhibit shall be subject to review and approval by the City. (10) Appropriate placement of public arts projects shall be determined by the City Council upon a recommendation of the Arts Council. Appropriate recognition and publicity shall be the responsibility of the City Manager's office. Provision for maintenance must be resolved when the gift is accepted. (11) No exhibited item sold during the period of the exhibition may be removed before the end of the exhibition unless such removal and any necessary rearrangement is approved by the City. (12) The City may from time to time make exceptions to these policies in areas especially designated for the sale of artworks, such as in the context of special events. City Council Approved 5/15/07 (6-0) Item 4A-9 (13) If the City does not receive notification regarding where an exhibit should be shipped (if a traveling exhibition), or if the exhibit is not claimed and removed within 15 days after the closing date, there shall be a charge to the exhibitor or owner of the item(s) exhibited, of a reasonable daily storage fee. This fee shall begin on the sixteenth day following the close of the exhibit. If the items are not claimed within three months following the closing date of the exhibit, the City may dispose of the items as it sees fit. Reasonable requests for extensions of exhibit time will be considered. (b) Responsibility of City regarding loaned work. The City shall exercise the same care with respect to the loaned work as it does in the safekeeping of comparable property of its own. Sec. 2-459. Deaccessioning of artwork. (a) Options for deaccession. The City Council may consider, with the recommendation of the Arts Council, any of the following courses of action to deaccesion City -owned artworks: (1) Relocate artwork. (2) Sell or trade artwork, including securing professional appraisal and advertise sale; seeking competitive bids; or disposing of work via surplus property procedures. (3) Remove work from display and store. (4) If no other alternative is evident, remove and permanently dispose of artwork. Disposal could include return to the artist, or donation to charity or other local government entity. (5) The City shall endeavor to notify by reasonable means artists whose artwork is under consideration for deaccessioning, to include written notification by registered mail, and the artist may have the right of first refusal to purchase the artwork(s). (b) Use of proceeds. Proceeds from sale of artworks: (1) The City shall retain all proceeds from the sale of artworks except when the City is obligated by contract to share such proceeds with the artist. (2) All other proceeds shall be deposited to the public art fund for acquisition of, or other use or furtherance of, other artworks for the City. SECTION II. Public Art Advisory Commission Abolished The Public Art Advisory Committee (PAAC) created by the City Council pursuant to Ordinance No. 803, passed and approved on September 4, 2001, is hereby abolished effective upon the adoption of this Ordinance. City Council Approved 5/15/07 (6-0) Item 4A-10 SECTION III. Provisions Cumulative This Ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION IV. Provisions Severable It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION V. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 1st DAY OF May , 2007.0. • •• r ATTEST: • . N i . � e • /�/ n • SECRETARY ®-, '••..®,...•°'M YOR PASSED AND APPROVED ON SECOND READING ON THIS 15' DAY OF May , 2007. TH ....,, ♦� J r.ses.s� d`r ATTEST: b �. •' y D e CITY SECRETARY °••..°••° NLAYOR City Council Approved 5/15/07 (6-0) Item 4A-11 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: Jw� U) /9 cal ADOPTED: EFFECTIVE: aklJ IF �j7 City Council Approved 5/15/07 (6-0) Item 4A-12 WEISBECK DESIGN "Remembrance and Renewal" 9-11 Memorial Sculpture Project Proposal Prepared for: Liberty Gardens Bicentennial Park Project/ Southlake, Texas Public Art Prepared by: Weisbeck Design, Diane and Mark Weisbeck April 8, 2022 Project Details Title: Remembrance and Renewal Medium: 304 Grade Stainless Steel square tube, 204 Brass strip, 304 Grade Stainless Steel strip. These materials do not rust, fade or deteriorate. Finish: Circular textured patterned stainless steel. Lightly textured brass with "Statue of Liberty" green patina. Clear coat. Scale: Two "towers," each, 15'H x 3' W x 3' D, with one foot separation between towers. Approx. T total width. Weight: Approx. 1600 lbs. Base: Two 38" x 38" x .50 inch thick 304 Stainless Steel plates. One base plate welded and integral to each tower. Threaded stainless steel studs and nuts to be set during the leveling, resurfacing of the raised concrete pad prior to Item 4A-13 installation. A subtle, marbleized pad would be an attractive, natural design element, similar in pattern to the base of the model sent to the Arts Council. Bolt patterns in base plates to be determined by structural engineer. Actual, full size templates for the bolt patterns will be provided by Weisbeck Design. Location: Liberty Gardens, Bicentennial Park, Southlake, TX Description We have recognized that "Remembrance and Renewal" 9-11 Memorial Sculpture will coexist in perfect harmony with all of the other sculptural works in Southlake. All share one unifying theme: they are all uplifting and positive, regardless of the style or theme and all exist within a joyful environment. Symbolic meaning of the sculpture: "Remembrance and Renewal," Iconic, stylized frames representing the two towers of the World Trade Center stand tall, elegant and proud against the sky. Within the texturized stainless steel frames, natural patina green and shining silver "leaves" gracefully twist and reach to the sky, signifying the continual beauty, growth and renewal we receive from Mother Nature. The circular texture pattern that will be applied to all of the stainless steel elements will reflect the sun and create an ever changing brilliant pattern based on the movement of the sun. We have sent an actual sample of the texturized stainless steel so you can directly witness how the sunlight reflects and shines on the surface. Nature as the ultimate healer is a principal theme for this sculpture, so we felt it was important that the sun, which gives life to this planet we all share, participate in the sculpture experience. We have also built and sent to you a scale model of the sculpture so you can hold up "Remembrance and Renewal" in Liberty Gardens and see how the sculpture will balance the space once installed onto the circular pad on site. The sculpture invites the viewer to celebrate with love and honor all those lost and affected by the events of 9-11, and pay tribute to those people and loved ones in a positive, hopeful and compassionate manner. The sculpture invites contemplation and healing within the beautiful gardens and would be a landmark signature sculpture for working toward harmony, goodwill and peace around the world. The sculpture stands as a testament to no matter what actions of terror are created, there will always be citizens who will stand against it and work toward friendship, understanding and peace to make the world a better place for all. "Remembrance and Renewal" would not only become a destination point for Southlake, but an important landmark legacy sculpture for the world. Diane Weisbeck in cherry picker cutting the ribbons during the unveiling ceremony of "Water Spirits," 33 ft., created for the NYSDOS as the signature sculpture for the city of Rochester, NY. The patina used is "Statue of Liberty" green. Item 4A-14 "Water Spirits" installed, Diane Weisbeck standing next to sculpture. The water vessel is gold dyed stainless steel imported from Japan. Weisbeck Design was commissioned by the NYSDOT to create 12 "Bridge Flowers" for three newly built bridges in Rochester, NY. The "Bridge Flowers" were both sculptural art elements as well as architectural lighting and placed atop the 12 pylons of all three bridges. The perforated brass "leaves" are patinaed. Item 4A-15 "Blast Off!" rocket, 14 ft. sculpture created for the entrance to the Cradle of Aviation Museum, Garden City, Long Island, NY. The stainless steel rocket "plumes" are texturized in an irregular pattern and catch the light. This is a different pattern than the circular pattern that will be used for "Remembrance and Renewal." Project Outline Proposal submission April, 2022 Confirm design details Sign artist contract Order materials upon receipt of first payment Begin fabrication May, 2022 Submit structural drawings, includes sculpture and base, May, 2022 Complete fabrication August -Sept., 2022 Site prep: Threaded stainless steel studs and nuts to be set during the leveling, resurfacing of the concrete pad. Construction of circular raised concrete slab completed by the Southlake Arts Council, Aug., 2022 Install piece August -Sept., 2022 - Installation date to be determined Lighting In keeping with the theme of nature, we recommend the possibility of installing solar lighting around the perimeter of the sculpture. We have located a local lighting company, Creative Nightscapes, 5755 Carlisle Court, Suite 300, North Richland Hills, Texas 76180. Phone: 817-581-6936. Another possibility would be to use the existing conduit. Item 4A-16 Budget Description Cost Materials All stainless steel and brass made in the USA 4" x 4" x 11 gauge 304 stainless steel sq. tubing, 20 ft. long, 10 units 13,800.00 3' x 8' x .063" 260 mill finish brass sheet, 2 units 3200.00 6" x 96" x 14 gauge 304 stainless steel, 8 pcs. 1770.00 4" x 96" x 11 gauge 304 stainless steel strip, 1 unit 1392.00 38" x 38" x .375" 304 stainless steel, 2 units 2335.00 Materials shipping 850.00 Statue of Liberty green patina, 2 gallons 225.00 Protective clear coat 200.00 Consumables/Production Welding consumables 800.00 Finish and abrasives 550.00 Insurance 1500.00 Structural engineer 2500.00 Labor Production labor, $65.00 per hr. x 750 hrs. 48,750.00 Transportation/Installation Transport/delivery of sculpture, NY -TX 5570.00 Crane rental and operator 1500.00 Travel 1000.00 Lodging 400.00 Total 86,342.00 Project Plan Weisbeck Design will fabricate and finish all elements of the sculpture within a 4000 sq. ft. fully equipped studio space which will easily accommodate the sculpture. The sculpture will be completed prior to the completion of the prepared site by the Southlake Arts Council. Site prep will include modifying, leveling, creation of a concrete slab in accordance with structural engineer's drawings. Once the fabrication is complete we will transport the assembled sculpture using a contracted carrier. The piece will be wrapped and protected during transportation. Installation will be completed in 1 day using a crane to set the sculpture on the footing. Base plate will be secured to the footing using threaded studs per engineering drawing specs. This design is the exclusive design of Mark Weisbeck, Weisbeck Design and will be unique to Southlake, Texas. There will be no duplications or reproductions of this sculpture. Footing Weisbeck Design will provide structural engineering drawings for the sculpture and the base and a full size template for stainless steel threaded studs for anchoring the sculpture to the pad. Item 4A-17 Footing drawings and details will be provided once the concrete slab base design is confirmed. At that time we will contract a structural engineer to provide spec drawings. The piece itself will be mounted on a 1/2" steel plate that will be anchored to the footing using epoxied threaded studs, based on engineer's instructions. Maintenance This stainless steel material and the patinaed brass will have an applied clear coat and are relatively maintenance free and can be occasionally cleaned with a light spray washing, similar to the process used to washing a vehicle. Weisbeck Design will be honored to fabricate this legacy sculpture, "Remembrance and Renewal' 9-11 Memorial Sculpture for the city of Southlake, Texas. Item 4A-18 AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND MARK WEISBECK (ARTIST) FOR THE CREATION OF A SCULPTURE FOR THE CITY OF SOUTHLAKE made as of the day of May in the Year 2022 BETWEEN the City: The City of Southlake, Texas 1400 Main Street, Ste 440 Southlake, Texas 76092 Telephone 817-748-8384 Facsimile 817-748-8250 and the Artist: Mark Weisbeck, DBA Weisbeck Design PO Box 265 Greenville, NY 12083 for the following Artwork: Creation of a sculpture titled, "Remembrance and Renewal," featuring two abstract 15' tall texturized stainless -steel stylized frames with Statue of Liberty green patina on brass representing the two towers of the World Trade Center to be installed in the Liberty Gardens in Bicentennial Park by Unity Way for an amount not to exceed $86,342. The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Southlake, Texas, a home -rule municipal corporation located in Tarrant and Denton County Texas, hereinafter referred to as "City", and Mark Weisbeck, hereinafter collectively referred to as "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 create a sculpture titled, "Remembrance and Renewal," featuring two abstract 15' tall texturized stainless -steel stylized frames with Statue of Liberty green patina on brass representing the two towers of the World Trade Center to be installed in the Liberty Gardens in Bicentennial Park by Unity Way for an amount not to exceed $86,342. 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: Mark Weisbeck Artist Contract Item 4A-19 Page 1 of 25 That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained, the parties agree as follows: 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 Art. Artist agrees to perform such services in accordance with the terms and conditions of this Agreement. 1.2 Design and Installation - The parties agree that Artist shall perform the services set forth and described in Exhibit "A", which is attached and incorporated herein by reference. The Artist shall furnish all materials, labor, tools, equipment, apparatus, facilities and anything else necessary to complete the Artwork in a workmanlike manner. 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. The Artwork shall be delivered and installed by the Artist. Installation will be scheduled according to the timeline set forth in Exhibit "B." Any changes to the installation date must occur with at least a forty-five (45) day notice and be agreed upon in writing by both the City and the Artist. The City will be responsible for the installation at its location, including the crane and related equipment; labor, barricades and traffic control. The artist will act as a consultant for said installation but shall not receive an additional fee for Artist's time or travel. The artwork shall be permanently affixed to the Site in the manner to be determined by a structural engineer as described in Exhibit "A". Design and installation of the Artwork shall comply with applicable building codes and seismic safety regulations. 1.3 Size of Artwork - The completed Artwork shall be true to the estimated measurements and constructed out of the materials described in Exhibit "A". 1.4 Permits, Licenses, and Taxes - The Contractor for the project shall obtain and maintain during the term of this Agreement, all permits (including a City building permit), licenses, and certificates and pay all taxes that may be required in connection with the performance of services under this Agreement. Notwithstanding any other provision of this Agreement, Artist shall not be charged a fee for issuance of a City building permit or any City license. 1.5 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/Artwork Billing and Budget attached as Exhibit "B" and incorporated herein by reference. Mark Weisbeck Artist Contract Page 2 of 25 Item 4A-20 1.6 Artwork Installation Site — The Artwork shall be permanently affixed to the installation site, located in the Liberty Gardens in Bicentennial Park by Unity Way unless the City exercises its option to relocate as set forth in Section 8.2. The Artist shall design the sculpture and its base so that the art installation will be structurally safe and sound and comply with current municipal building codes and seismic standards in accordance with the Uniform Building Code. ARTICLE 2 THE CITY'S RESPONSIBILITIES 2.1 Artwork 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 of such information. 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 Artwork (the "Project Manager"). The City, by and through this authorized representative, shall examine the documents submitted by the Artist and render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Artist's services. 2.3 Reimbursement for Travel — The Artist shall pay for all travel as it applies to this agreement. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services - As described in "Article 1, Artist's Services", compensation for this Artwork shall be eighty-six thousand dollars and no cents ($86,342) ("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/Artwork Billing and Budget as set forth in Exhibit "B". The final ten percent (10%) of the Artist's Fee, or eight thousand six hundred dollars and no cents ($8,600) shall not be paid until the Artist has completed all of the Artwork services and tasks described in Exhibits "A" and "B". The Artist will also be required to fill out the proper paperwork to become an approved vendor of the City before payments commence. 3.2 Artwork Suspension - If the Artwork is suspended or abandoned by the City 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 by the City, 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 Mark Weisbeck Artist Contract Page 3 of 25 Item 4A-21 Artist in connection with this Agreement prior to Artist receiving final payment. If the Artwork 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 Artwork 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 Artwork is the property of the City; The Artist retains Copyright in and to the Artwork under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce the Artwork at any size. Each edition will be clearly marked as a limited edition. If the City should desire to place the Artwork in a location that is not shown on Exhibit B, the City shall first notify the Artist consistent with Section D herein as to the new location. The City shall be entitled to copies of the plans that are prepared by the Artist in connection with the development and fabrication of the Artwork under this Agreement. The ownership of the sculpture is transferred to the City upon full payment of Artwork described in Exhibits "A" and "B". 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. All aforementioned work product created by the Artist will include the words: SCULPTURED BY MARK WEISBECK. 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 Mark Weisbeck Artist Contract Item 4A-22 Page 4 of 25 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. 4.6 Warranty of Title — The Artist represents and warrants that the Artwork is free and clear of all liens from any source whatsoever. ARTICLE 5 FABRICATION 5.1 Specifications — Artist will create the Artwork, or cause it to be fabricated, in substantial conformity with the specifications 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 described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he must request written approval of the change in writing at the address provided in Article 14. The City will provide a written response within thirty (30) calendar days of receipt of the request. 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 in the manner provided in Article 14 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 of this Agreement prior to delivery and to give written approval or disapproval of the Artwork within 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 — Regarding installation of the Artwork, cooperation from the City's designated staff and contractor 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. The drawings will illustrate the Artwork's support system, including without limitation, connection to the base. The designated Mark Weisbeck Artist Contract Page 5 of 25 Item 4A-23 city staff member 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 Artwork 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 two (2) years of the completion of the Artwork by the Artist and acceptance of the Artwork by the City, Artist will remedy any defects at Artist's sole cost and expense during this period. ARTICLE 6 STORAGE 6.1 Storage - Storage of the Artwork is the responsibility of the Artist. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Acceptance - City will inspect the Artwork prior to taking delivery to determine whether it conforms with all of the requirements of this Agreement. The Artist shall furnish City with a full written narrative description of the Artwork. If the City finds that any aspect of the Artwork is not in conformance with this Agreement, the City will notify Artist in writing and Artist will have a reasonable time and opportunity to address and cure any defects, requests or concerns of the City. Final acceptance shall be determined by the City in its sole and absolute discretion. The City shall notify the Artist in writing of its final acceptance of the Artwork. In no event shall the final acceptance occur more than thirty (30) days from the date of installation. 7.2 Title and Final Acceptance - Title of ownership of the Artwork shall pass to the City upon final acceptance. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Routine Maintenance — The Artist shall provide to City written instructions for appropriate routine maintenance and preservation of the Artwork, including moving and installation of the Artwork. 8.2 Repairs - The City undertakes to exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City without charging the City in connection with any such non -routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation Mark Weisbeck Artist Contract Page 6 of 25 Item 4A-24 and/or replacement of any portion of the Artwork to the extent that the Artist is able to do so. During Artist's lifetime, the City will not undertake any non -routine maintenance on the Artwork without attempting to consult with the Artist or the Artist's authorized representative unless required by an emergency. 8.3 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, assignment to the City of the copyrights described herein. 8.4 Credit — The City agrees, at its own expense, to prepare and install at or near the Artwork 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 RISK OF LOSS/INSURANCE COVERAGE 9.1 Risk of Loss — The risk of loss or damage to the Artwork shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are reasonable to protect the Artwork and the materials relating hereto from loss or damage until final acceptance. 9.2 Insurance — The Artist, consistent with the Artist's status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: Worker's Compensation and Employer's Liability insurance, including All States Endorsement, to the extent required by federal law and complying with the laws of the State of Texas; Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises Liability, Medical Payments, Interest of Employees as additional insured's, and Broad Form General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage on an occurrence basis; Mark Weisbeck Artist Contract Item 4A-25 Page 7 of 25 iii. Comprehensive Automobile Liability insurance covering all owned, non -owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. 9.3 Insurance Requirements - The Artist shall: Name the City, its officers, agents, representatives, and employees as additional insured's as to all applicable coverage with the exception of workers' compensation insurance; ii. Provide for at least thirty (30) days prior written notice to the City for cancellation, non -renewal, or material change of the insurance; and iii. 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. 9.4 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. 9.5 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 the Artist's records 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 the Artist is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit "D" and incorporated herein by reference for all purposes, and will abide by the same. Further, a lawful representative of Artist shall execute the Affidavit. Artist Mark Weisbeck Artist Contract Page 8 of 25 Item 4A-26 understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. The Artist agrees that the Artist 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 "E" 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. Artist shall be given a reasonable time within which to cure said default after receiving said notice in writing. 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) days 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 Artwork 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 Artwork cannot be completed within the 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 Artwork. In the event of any termination, Artist shall deliver to City all work, entirely or partially completed that Artist has been compensated for. The Artist shall receive full payment for services satisfactorily performed (as outlined in Exhibit "B"), and as solely determined by the City. The City shall make this final payment within thirty (30) days of notifying the Artist. 11.3 Remedies Cumulative - 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 Mark Weisbeck Artist Contract Page 9 of 25 Item 4A-27 Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. The cost of the mediation shall be divided equally between the Artist and the City. ARTICLE 13 INDEMNITY Indemnification - Artist agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Artist or any agent, employee, subcontractor, or supplier of Artist in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees. The Artist agrees to protect and indemnify the City, all of its officers, Council members, agents and employees, from all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys' fees, court costs and related expenses, arising out of any alleged infringement of patents or copyrights arising from the Artist's performance under the Artist's Bid or this Agreement, including attorneys' fees and court costs. The provisions of this Article shall survive the termination or expiration of this Agreement. 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: Project Manager: Milenka Lopez City of Southlake 285 Shady Oaks Dr. Southlake, Texas 76092 817-748-8963 City agrees that all notices or communication to Artist permitted or required under this Agreement shall be delivered to Artist at the following address: Mark Weisbeck, DBA Weisbeck Design PO Box 265 Greenville, NY 12083 518-636-6505 Mark Weisbeck Artist Contract Item 4A-28 Page 10 of 25 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 written 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 "E", 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. 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 Tarrant County, Texas and the venue for any action related directly or indirectly, to this Agreement or in any Mark Weisbeck Artist Contract Page 11 of 25 Item 4A-29 manner connected therewith shall be Tarrant 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 a substantial consideration, the receipt and 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 Sovereiqn Immunity — The parties agree that the City has not waived its sovereign immunity or any other legal defense by entering into and performing its obligations under this Agreement. 15.12 Representations — Each signatory represents that 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 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, Mark Weisbeck Artist Contract Page 12 of 25 Item 4A-30 and the parties do not intend to create any third party beneficiaries by entering into this Agreement 15.15 Relationship of Parties — The provisions of this Agreement shall not be construed to create a partnership or joint venture between the parties. Artist is performing Artists' services as an independent contractor and the doctrine of respondeat superior shall not apply between the City and the Artist_ 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 Southlake, Texas Mark Weisbeck By: Shana Yelverton Title: City Manager Approved as to Form: By: " Mark Weisbeck By: Taylor, Olson, Adkins, Sralla, and Elam L.LP City Attorneys STATE OF TEXAS: COUNTY OF TARRANT: BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR THIS STATE OF TEXAS, ON THIS DAY PERSONALLY APPEARED SHANA YELVERTON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION EXPRESSED, AND IN THE CAPACITY THEREIN STATED_ Mark Weisbeck Artist C*ntratt Page 13 CO 25 Item 4A-31 GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF , 2022. 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 NEW YORK, ON THIS DAY PERSONALLY APPEARED MARK WEISBECK 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 .12022. NOTARY PUBLIC IN AND FOR THE STATE OF NEW YORK Mark Weisbeck Artist Contract Item 4A-32 Page 14 of 25 EXHIBIT "A" SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND MARK WEISBECK (ARTIST) CREATION OF A SCULPTURE TITLED "REMEMBRANCE AND RENEWAL" APPROXIMATELY 15 FEET TALL FEATURING TWO ABSTRACT TEXTURIZED STAINLESS -STEEL STYLIZED FRAMES WITH STATUE OF LIBERTY GREEN PATINA ON BRASS REPRESNETING THE TWO TOWERS OF THE WORLD TRADE CENTER TO BE INSTALLED IN THE LIBERTY GARDENS IN BICENTENNIAL PARK FOR AN AMOUNT TO NOT EXCEED $86,342. Sculpture The services are to be provided by Mark Weisbeck, sculptor, in the creation of a sculpture per the design approved by the Southlake City Council (May XX, 2022), Mark Weisbeck will furnish all design, labor and material in the fabrication of the sculptures as described in the following areas and amounts: I. Design, fabricate, ship and install the sculpture and base: A. Provide the material for the sculpture and base in its entirety. B. Mark Weisbeck will sculpt the above described sculpture in accordance with the approved moquette. C. Provide appropriate packing and ship the sculpture to the site. D. Consult with the city on installation of the sculpture. E. Provide engineer -stamped drawings of the sculptures and base. The Artist shall create and oversee the installation of 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, and Contractor to ensure that the site is prepared to receive the Artwork. All Artwork installation and site preparation shall be performed during normal business hours. Installation These services are to be provided by the City of Southlake in the installation of the sculpture: Mark Weisbeck Artist Contract Item 4A-33 Page 15 of 25 A. City of Southlake is responsible to provide any and all landscape lighting. B. The City will be responsible for the installation at its location, including the crane and related equipment; labor, barricades and traffic control. Upon completion of the permanent installation of the Artwork, the City project manager will inspect the work and give notice of acceptance, as provided in this Agreement. Clarifications • Delays due to others and beyond the implementation date shall constitute additional schedule extensions and appropriate general condition costs. • All artwork installation shall be performed during normal working hours. Exclusions: • Any and all dust, waste, and sanitary requirements. • Any and all landscaping and/or landscaping repairs. • Any and all licenses, fees and permits. • Any and all bonds. • Any and all testing and inspection costs. • Any and all damage to underground services not marked. ARTIST PROPOSAL: Prepared for: Liberty Gardens Bicentennial Park Project/ Southlake, Texas Public Art Program Prepared by: Weisbeck Design, Diane and Mark Weisbeck Project Details: Title: Remembrance and Renewal Medium: 304 Grade Stainless Steel square tube, 204 Brass strip, 304 Grade Stainless Steel strip. These materials do not rust, fade or deteriorate. Finish: Circular textured patterned stainless steel. Lightly textured brass with "Statue of Liberty" green patina. Clear coat. Scale: Two "towers," each, 15'H x 3' W x 3' D, with one foot separation between towers. Approx. 7' total width. Weight: Approx. 1600 lbs. Base: Two 38" x 38" x .50 inch thick 304 Stainless Steel plates. One base plate welded and integral to each tower. Threaded stainless steel studs and nuts to be set during the leveling, resurfacing of the raised concrete pad prior to Mark Weisbeck Artist Contract Page 16 of 25 Item 4A-34 installation. A subtle, marbleized pad would be an attractive, natural design element, similar in pattern to the base of the model sent to the Arts Council. Bolt patterns in base plates to be determined by structural engineer. Actual, full size templates for the bolt patterns will be provided by Weisbeck Design. Location: Liberty Gardens, Bicentennial Park, Southlake, TX Description: We have recognized that "Remembrance and Renewal" 9-11 Memorial Sculpture will coexist in perfect harmony with all of the other sculptural works in Southlake. All share one unifying theme: they are all uplifting and positive, regardless of the style or theme and all exist within a joyful environment. Symbolic meaning of the sculpture: "Remembrance and Renewal," Iconic, stylized frames representing the two towers of the World Trade Center stand tall, elegant and proud against the sky. Within the texturized stainless -steel frames, natural patina green and shining silver "leaves" gracefully twist and reach to the sky, signifying the continual beauty, growth, and renewal we receive from Mother Nature. The circular texture pattern that will be applied to all of the stainless -steel elements will reflect the sun and create an ever -changing brilliant pattern based on the movement of the sun. We have sent an actual sample of the texturized stainless steel so you can directly witness how the sunlight reflects and shines on the surface. Nature as the ultimate healer is a principal theme for this sculpture, so we felt it was important that the sun, which gives life to this planet we all share, participate in the sculpture experience. The sculpture invites the viewer to celebrate with love and honor all those lost and affected by the events of 9-11 and pay tribute to those people and loved ones in a positive, hopeful and compassionate manner. The sculpture invites contemplation and healing within the beautiful gardens and would be a landmark signature sculpture for working toward harmony, goodwill and peace around the world. The sculpture stands as a testament to no matter what actions of terror are created, there will always be citizens who will stand against it and work toward friendship, understanding and peace to make the world a better place for all. "Remembrance and Renewal" would not only become a destination point for Southlake, but an important landmark legacy sculpture for the world. Mark Weisbeck Artist Contract Page 17 of 25 Item 4A-35 "Remembrance and Renewal" 9-11 Memorial Sculpture Mark Weisbeck Artist Contract Item 4A-36 Page 18 of 25 EXHIBIT "B" COMPLETION SCHEDULE/ARTWORK BILLING AND BUDGET AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, TEXAS (CITY) AND MARK WEISBECK (ARTIST) CREATION OF SCULPTURES FOR THE CITY OF SOUTHLAKE Task Timeline City Artist Project proposal Month 1 Contract signed Provides final (May 2022) Check #1 in the conceptual design Conceptual design amount of $43,171 with structural due (50%) paid engineer stamps Submit structural upon approval of drawings concept design and moquette. Fabrication of Months 2 - 4 Completes art sculpture (June 2022 — Photos submitted of piece, incorporating completed. Photos September 2022) completed any feedback from of progress fabrication stage of City Council. submitted project. City reviews piece Check #2 in amount for approval of $34,536.80 (40%) paid upon Begins fabrication approval of final work, if approved by clay figures. City. City approves final sculpture. Final acceptance by Month 4 Approve work. Sculpture delivered project manager; (September 2022) to City and installed submit maintenance Check #3 in amount at Site by City under worksheets; of $8,634.20 (10%) Artist's supervision. dedication. due upon completion of installation. Mark Weisbeck Artist Contract Item 4A-37 Page 19 of 25 EXHIBIT "C" MAP OF LIBERTY GARDENS IN BICENTENNIAL PARK A it 1' . - . Mark Weisbeck Artist Contract Item 4A-38 Page 20 of 25 EXHIBIT "D" 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 Southlake, 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 Signature of Official/Title 2022. Mark Weisbeck Artist Contract Item 4A-39 Page 21 of 25 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 12022. Notary Public in and for The State of My commission expires: Mark Weisbeck Artist Contract Item 4A-40 Page 22 of 25 EXHIBIT "E" INFORMATIONREGARDING VENDOR CONFLICT OFINTEREST QUESTIONNAIRE WHO: A person must file a conflict of interest questionnaire with the City if the person has a employment or business relationship with an officer of the City that results in taxable income exceeding $2,500 during the preceding twelve month period, or an officer or a member of the officer's family has accepted gifts with an aggregate value of more than $250 during the previous twelve month period and the person engages in any of the following actions: 1. contracts or seeks to contract for the sale or purchase of property, goods, or services with the City, including any of the following: a. written and implied contracts, utility purchases, purchase orders, credit card purchases and any purchase of goods and services by the City; b. contracts for the purchase or sale of real property, personal property including an auction of property; C. tax abatement and economic development agreements; 2. submits a bid to sell goods or services, or responds to a request for proposal for services; 3. enters into negotiations with the City for a contract; or 4. applies for a tax abatement and/or economic development incentive that will result in a contract with the City. THE FOLLOWING ARE CONSIDERED OFFICERS OF THE CITY: 1. Mayor and City Council Members; 2. City Manager; 3. Board and Commission members appointed by the Mayor or City Council members; 4. Directors of 4A and 4B development corporations; 5. the executive directors or managers of 4A and 4B development corporations; and 6. Directors of the City of Southlake who have authority to sign contracts on behalf of the City. EXCLUSIONS: A questionnaire statement need not be filed if the money paid to a local government officer was a political contribution, a gift to a member of the officer's family from a family member; a contract or purchase of less than $2,500 or a transaction at a price and subject WASouthlakeWiseellaneouslCbapter 176.Attaclunent0Q.092608.doc Page 1 of Mark Weisbeck Artist Contract Item 4A-41 Page 23 of 25 to terms available to the public; a payment for food, lodging, transportation or entertainment; or a transaction subject to rate or fee regulation by a governmental entity or agency. WHAT: A person or business that contracts with the City or who seeks to contract with the City must file a "conflict of interest questionnaire" (FORM CIQ) which is available online at www.ethics.state.tx.us and a copy of which is attached to this Guideline. The form contains mandatory disclosures regarding "employment or business relationships" with a municipal officer. Officials maybe asked to clarify or interpret various portions of the questionnaire. WHEN: The person or business must file: 1. the questionnaire no later than seven days after the date the person or business begins contract discussions or negotiations with the municipality, or submits an application, responds to a request for proposals or bids, correspondence, or other writing related to a potential contract or agreement with the City; and 2. an updated questionnaire within seven days after the date of an event that would make a filed questionnaire incomplete or inaccurate. It does not matter if the submittal of a bid or proposal results in a contract. The statute requires a vendor to file a FORM CIQ at the time a proposal is submitted or negotiations commence. WHERE: The vendor or potential vendor must mail or deliver a completed questionnaire to the Finance Department. The Finance Department is required by law to post the statements on the City's internet website. ENFORCEMENT: Failure to file a questionnaire is a class c misdemeanor punishable by a fine not to exceed $500. It is an exception to prosecution that the person files a FORM CIQ not later than seven business days after the person received notice of a violation. NOTE: The City does not have a duty to ensure that a person files a conflict of interest questionnaire. W:\Southlake\Miscella"eous\Chapter 176.Attachmeut C1Q.092608.doc Page 2 of 3 Mark Weisbeck Artist Contract Item 4A-42 Page 24 of 25 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing lousiness with local governmental entity Page 2 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A, B, 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 afil at :: 1 business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? F]Yes E-] 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 named in this section AND the taxable income is not from the local governmental entity? El Yes El No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? El Yes E-1 No D. Describe each affiliation or business relationship. Describe any other affiliation or business relationship that might cause a conflict of interest. Signature of person doing business with the governmental entity Date n—ded o 1113QOO@ Mark Weisbeck Artist Contract Item 4A-43 Page 25 of 25 CITY OF SOUTHLAKI MEMORANDUM April 22, 2022 To: Southlake Arts Council From: Milenka Lopez, Assistant to the Director Subject: Approval of the Southlake Sister Cities Youth Art Contest Exhibit Action Requested: Southlake Arts Council approval of the Southlake Sister Cities Youth Art Contest Exhibit Background Information: Each year Southlake Sister Cities hosts a youth art contest to participate in Sister Cities International's Young Artists and Authors Showcase. The purpose of this item is to consider the permit allowing for Southlake Sister Cities to display this year's submissions to the youth art contest in a Town Hall Exhibit: • Southlake Sister Cities Youth Art Contest Exhibit o Exhibit: 08/26- 09/09 For the exhibit the artwork will not exceed 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The pieces will be placed based on size and aesthetic concerns related to color and composition. The permit for the exhibit and reception complies with provisions of the Public Art Display and Performance Policy. A copy of the permit is attached for your review. Financial Considerations: N/A Strategic Link: This permit is linked to the City Council Focus Area of Partnerships and Volunteerism. The permit also addresses the corporate objectives of providing opportunities for partnerships and volunteer City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-1 Southlake Arts Council Meeting Date — April 26, 2022 Page 2 of 2 involvement and providing attractive and unique spaces for enjoyment of personal interests. Citizen Input/ Board Review: Southlake Arts Council consideration April 26, 2022 Legal Review: The permit form was reviewed previously with the Public Art Display and Performance Policy by the City Attorney Alternatives: Approve the permits as presented Approve the permits with modifications Decision not to approve the permits Supporting Documents: • Permit Application: Southlake Sister Cities Youth Art Contest Exhibit • Public Art Display and Performance Policy Recommendation: Southlake Arts Council approval of the Southlake Sister Cities Youth Art Contest Exhibit. City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Item 4B-2 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested: Southlake Town Hall, 1400 Main Street, Southlake- 2nd Floor main lobby CONTACT INFORMATION Person Responsible: Milenka Lopez on behalf of Southlake Sister Cities Phone: 817-748-8963 Cell Phone: 469-774-3613 E-Mail Address: mIopez(d-)ci.south lake. tx.us Address: 285 Shady Oaks Dr City: Southlake State: TX Zip: 76092 Alternative Contact: Name: Katy Hintze (Southlake Sister Cities) Phone Number: 817-251-8548 E-mail: katyhintze yahoo.com DISPLAY or PERFORMANCE INFORMATION Requested Dates: 1) Exhibit —August 26- September 9, 2022 Type of Display or performance: 1) Exhibit- The Southlake Sister Cities Youth Art Contest Exhibit will showcase artwork submitted by Southlake Sister Cities youth members as part of their larger participation in the Sister Cities International Young Artists and Authors Showcase. Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: 1. Exhibit- The exhibit will feature pieces from the 2022 Southlake Sister Cities Youth Art Contest youth member submissions. The exhibit will require less than 30% of the lobby wall space and will be hung on wall panels using the same gallery display system used for previous displays. The Item 4B-3 exhibit will be managed and maintained by the City of Southlake staff. The exhibit is sponsored by the Southlake Arts Council and Southlake Sister Cities. Publicity for the exhibit and the reception will be provided by the City of Southlake, and Southlake Sister Cities. Organization Represented: Southlake Historical Society Non -Profit: Yes X No Is this display or performance to include a fundraiser? Yes No X_ Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Do a majority of your members, including officers, reside in Southlake? Will your event cause any impact on City staff or City resources? Yes _X No Yes X No Yes No x Item 4B-4 CITY OF SOUTHLAKE Public Art Display and/or Performance Policy Policy: Display and/or Performance of art in public facilities or other city properties Source: City Council Effective Date: 1.0 Purpose: The purpose of this policy is to create a procedure to determine what art can be displayed within public facilities or other city property, and for how long, as well as to create an administrative framework for control of displayed artwork and related issues of liability, while epitomizing the City's core values of integrity, innovation, accountability, commitment to excellence, and teamwork. 2.0 Goals: 2.1 To create a process and to put controls in place for temporary display of art in public facilities and parks. 2.2 To provide a policy and a process for temporary art displays in public facilities by: 2.2.1 Requiring little or nominal expense to the City to display works of local and nationally recognized professional artists; 2.2.2 Providing a more satisfactory esthetic experience for citizens visiting public facilities or parks; 2.2.3 Creating an incentive or destination for citizens to utilize public facilities in order to involve them more in local government; and, 2.2.4 Drawing citizens and others to shopping venues contiguous to public facilities and parks. 2.3 To provide a policy and a process for permanent art displays in public parks and city facilities. 3.0 Definitions: 3.1 Arts in public places — Any art displayed, performed, or demonstrated in City parks, rights of way, or the interior/exterior of any City facility. 04/19/2016 City Council Approved (7-0) Item 4B-5 Public Art Display and/or Performance Policy Page 2 of 12 3.2 Artwork — Includes, but is not limited to, a sculpture, monument, mural, painting, fountain, or stained glass. 3.3 Artist — A practitioner in the visual and/or performing arts generally recognized by critics and peers as a professional of serious intent and recognized ability that produces fine works of arts. 3.4 City — Shall mean the City of Southlake, Texas. 3.5 Deaccession — The removal, relocation, selling, auctioning, or trading of artworks owned by the City. 3.6 Donations (and Gifts) — Arts donated to the City from a private individual or institution and/or other outside sources. 3.7 Loan — Works of art provided to the City to display for a predetermined period of time and to be returned to the owner after the loan period has expired. 3.8 Southlake Arts Council - A board appointed by the City Council that makes recommendations to the City Council regarding the public arts program. 3.9 Permanent arts in public places - Any visual work of art displayed in City parks, rights of way, or the interior/exterior of any City facility. 3.10 Donor - An individual, private company, community group, or other organization who places artwork in City parks, rights of ways, the interior or exterior of any City facility and/or private facilities and/or properties. 3.11 Public Arts Collection — Consists of all City of Southlake owned or controlled fine works of art. 3.12 Art Exhibit Agreement — Agreement that will exist between the City of Southlake and artists who display temporary exhibits in city facilities or on city property. 3.13 Temporary arts in City facilities or property — Any visual or performing work of art in city facilities or property. 3.14 Facility Arts Display Performance Use Permit - Form is required to be filled out and processed by staff for Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by city departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. 04/19/2016 City Council Approved (7-0) Item 4B-6 Public Art Display and/or Performance Policy Page 3 of 12 4.0 Placement of temporary art exhibits or performances at public facilities or other city property: 4.1 Planned Visual Art Exhibits, temporary — The Southlake Arts Council may present up to three Calls to Artists per annum and would select the artist(s) to present artwork in accordance with the Call to Artist SOP. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Temporary exhibits would occur no more than five times per year with one of those times being reserved for CISD student art. Art exhibits will be managed and maintained by the City of Southlake staff liaison to the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.2 Ad Hoc Visual Arts Exhibits, temporary — Unlike the planned exhibits, these would be initiated by the public or City of Southlake staff, and would occur when space is available as determined by staff. A Facility Arts Display/Performance Form will need to be submitted to the Arts Council liaison at least six weeks in advance of the showing. The Southlake Arts Council will review and approve or deny all applications in order to determine appropriateness of the application in a requested venue. The dates for presentation of the artwork and length of the exhibit will be determined by the Southlake Arts Council. Exhibits will be managed and maintained by the City of Southlake staff liaison with the Southlake Arts Council. City department art displays, events or programs may be available for Arts Council review but not approval. All other applications will require Arts Council review and approval. No exhibit will be allowed to take up more than thirty percent (30%) of the floor space and/or thirty percent (30%) of the wall space in common areas of city facilities. A plan will be required detailing wall and floor space needed. Exceptions may be granted with City Council approval only. 4.3 Performing Arts Programs, temporary — These programs are limited to single performances. A Facility Arts Display/Performance Form will need to be submitted to the Southlake Arts Council liaison at least six weeks in advance of the performance and will be subject to review and approval by the Southlake Arts Council. City sponsored performances in City facilities that are not generally used for programming will be the responsibility of the department or division sponsoring or providing the event. The sponsoring department or division is responsible for submitting proper forms to the Southlake Arts Council liaison. City department art displays, 04/19/2016 City Council Approved (7-0) Item 4B-7 Public Art Display and/or Performance Policy Page 4 of 12 events or programs may be available for Southlake Arts Council review but not approval; all other applications will require Southlake Arts Council review and approval. 4.4 Donated art to be placed in public facilities — Donated art will be reviewed by the Southlake Arts Council and a recommendation will be made to the City Council for placement of the art in a city facility or on city property. Credence and a clear preference will be given to location indicated by donor, but the City Council will make any and all final determinations on placement. 4.5 Art Exhibit Agreement — Art displayed on a temporary basis will require that the artist and the City of Southlake sign an agreement that determines the length of time for displays. Key components are: 4.5.1 Artwork and agency: The artist shall agree to lend his/her artwork for temporary display at no cost to the city; 4.5.2 Installation and curatorship: The artist shall deliver the artwork in a form that is ready for immediate display; 4.5.3 Artist's assumption of liability and waiver removal of artwork: The artist shall acknowledge and agree that the City will not provide security for the exhibition, including without limitation, set up, operation and tear down of the exhibit, and the City should not, for any reason, be liable for lost, stolen, or damaged artwork and/or any related materials associated or used with the exhibit; and, 4.5.4 Conflicting events: The City will coordinate scheduling of exhibits. Should a conflict arise between the exhibit and a function of the City, the City's event and/or function will take precedence. 4.6 Facility Arts Display Performance Use Permit: The permit is required to be filled out and processed by staff for the Southlake Arts Council review six weeks prior to display, with the exception of art displays or performances initiated by City departments or divisions, which will be coordinated with the Southlake Arts Council staff liaison for scheduling purposes. Extensions of time can be requested for both ad -hoc and planned art displays for a period to be determined by the city staff members who administer the arts program. Any extension of time will be based on, but not limited to, the following: upcoming displays, City Manager's office requests, approval by City Council and other staff - determined administrative needs. 4.7 Sales of displayed art work: Art work that is displayed can be made available for sale by the artist, but the artist or their representative cannot actively solicit the sales of art other than passively indicating (discreetly) the artists' contact information and pricing near the artwork. The city will not be involved in any such transactions and will not solicit sales of items on behalf of an artist or their agents. 04/19/2016 City Council Approved (7-0) Item 4B-8 Public Art Display and/or Performance Policy Page 5 of 12 4.8 Art displayed and sold for fundraising: Art can be displayed and sold as part of a fundraising event, but the fundraising can only occur actively at specific events that need to be negotiated with the City. City facilities will not be a site for continuous/ongoing fundraising. Fundraising events can only occur for non-profit organizations. Applications specifically for Town Hall will be reviewed by the Arts Council, and they will make a recommendation to the City Council for final approval. 5.0 Placement of permanent art exhibits or pieces at public facilities or other city property: 5.1 Purchased Public Art — The placement and purchasing process of the Southlake Arts Council, which includes a Call to Artists, and subsequent selection process will be followed. The Southlake Arts Council will make recommendations on placement, artwork, and artists to the City Council who will make any and all final determinations on the said placement and the artwork/artists. 5.2 Donated Public Art - The Southlake Arts Council will make recommendations on placement to the City Council who will make any and all final determinations on the said placement of the donated art. 04/19/2016 City Council Approved (7-0) Item 4B-9 Public Art Display and/or Performance Policy Page 6 of 12 City of Southlake Permit for the Display and/or Performance of Art in a Public Facility or Property Please Note: All requests are taken on a first -come, first -served basis. Art Exhibit agreement is also required to be signed before any display or performance may occur. Extensions may be granted by staff. City Facility requested Person Responsible: Cell Phone: Address: Zip Alternative Contact: Name: Phone Number: CONTACT INFORMATION Phone: _ E-Mail Address: City E-mail: DISPLAY or PERFORMANCE INFORMATION State Requested Date: Type of Display or performance: Detailed Information including a plan of needed wall or floor space about the display or performance, including planned activities or any equipment/special needs: Organization Represented: _ Non -Profit: Yes No Is this display or performance to include a fundraiser? Yes No Note: Must provide at least 6 weeks notice and cannot be a continuous fundraising effort throughout the duration of the exhibit, but must occur in a specific event(s). If YES, please answer the following: Does your organization maintain a Southlake mailing address or PO Box? Yes No Do a majority of your members, including officers, reside in Southlake? Yes No Will your event cause any impact on City staff or City resources? Yes No 04/19/2016 City Council Approved (7-0) Item 4B-10 Public Art Display and/or Performance Policy Page 7 of 12 ART EXHIBIT AGREEMENT BY AND BETWEEN THE CITY OF SOUTHLAKE, TEXAS, AND (Arti This Art Exhibit Agreement ("Agreement") is made and entered into this day of , by and between the City of Southlake, Texas ("City"), a Home - Rule Municipal Corporation and ("Artist") on the terms and conditions set forth below. WHEREAS, the Exhibition is anticipated to be held from through and any additional dates agreed to in writing; and, WHEREAS, the Exhibition will be located at a facility of the City of Southlake; and, WHEREAS, in exchange for the promotion of the arts, Artist desires to lend, at no cost to City, his/her Artwork (hereinafter defined) for display at the Exhibition as set forth below; and, WHEREAS, the City has investigated and determined that it would be beneficial and in the best interest of the City and its citizens to allow the Artist to place the artwork at City Hall to promote visual arts in the City on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, Artist and City agree as follows: 1. Artwork and Agency. Artist agrees to, at no cost to City, lend his/her Artwork, as more particularly described and/or depicted on Exhibit A, attached hereto and incorporated herein for all purposes, for display at the Exhibition ("Artwork"). All modifications or additions to Exhibit A shall be in writing, signed by both parties, and attached to this Agreement. Artist and City agree that City is not, under any circumstance, acting as Artist's agent, dealer and/or exclusive seller. The parties acknowledge and agree that the Exhibition is the sole and exclusive event of the City in its promotion of public art. 2. Delivery/Loan Period. Artist hereby agrees to loan the Artwork to City from through . Artist shall, at his/her sole cost and expense, be responsible for delivery and removal of the Artwork from the Exhibition, said removal to occur no later than ("Removal Date"). Artist acknowledges and agrees that space is limited in City Hall and that all artwork submitted for display during the Exhibition is subject to the review and approval of the Southlake Arts Council. 3. Installation and Curatorship. Artist shall deliver the Artwork in a form that is ready for immediate display. Two-dimensional ("2D") Artwork shall be wired for hanging and three dimensional ("3D") artwork must be ready for installation 04/19/2016 City Council Approved (7-0) Item 4B-11 Public Art Display and/or Performance Policy Page 8 of 12 immediately upon delivery to the Exhibition. Artist shall tape the following information on the back of 2D pieces and attach temporarily to 3D pieces: Artist's name, title of piece, and medium. The Artwork must be approved, in its sole discretion, by the Southlake Arts Council. 4. Artist Assumption of Liability and Waiver/Removal of Artwork. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation and teardown of the Exhibition, and City shall not, for any reason, be liable for any lost, stolen and/or damaged Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Artwork and/or Exhibition. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE ARTWORK AND/OR EXHIBITION. Should Artist fail to remove the Artwork by the Removal Date, City shall have the right to dispose of the Artwork and any other items related thereto in any manner deemed appropriate solely by City. Artist shall be responsible for any and all costs and expenses associated with City's removal of the Artwork and/or the related materials, equipment and/or any other items associated and/or used in conjunction with the Exhibition as provided in this Paragraph. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO, CITY'S REMOVAL OF THE ARTWORK AND/OR RELATED MATERIALS, EQUIPMENT AND/OR ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AS PROVIDED IN THIS PARAGRAPH. 5. Photographic Rights. Artist hereby grants permission to City to photograph and/or videotape and/or to authorize others to photograph and/or videotape the Artwork and Exhibition for any non-commercial use, including but not limited to, installation documentation, publicity of the Artwork and/or Exhibition, record keeping and additional non-commercial purposes such as, among others, educational, public relations and promotion of the arts. 6. Representations and Warranties Regarding Copyright. Artist hereby warrants and represents that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. 04/19/2016 City Council Approved (7-0) Item 4B-12 Public Art Display and/or Performance Policy Page 9 of 12 7. Termination/Waiver of Damages. This Agreement may, at any time, be terminated for any reason or no reason at all. Should City terminate this Agreement, ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, HE/SHE MAY HAVE WITH REGARD TO CITY'S TERMINATION OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ACTUAL AND/OR CONSEQUENTIAL DAMAGES. 8. Conflicting Events. City will coordinate the scheduling of the Exhibition so as not to conflict with any event and/or function of the City. Should a conflict arise between the Exhibition and an event and/or function of the City, the City's event and/or function shall take precedence over the Exhibition. 9. No Security/Waiver of Damages/Liability. Artist acknowledges and agrees that City will not provide any security for the Exhibition, including, without limitation, set up, operation, viewing by the public and/or removal of the Artwork at the conclusion of the Exhibition, and City shall not be liable for any lost, stolen and/or damaged property, materials, equipment and/or the Artwork and any other items associated and/or used in conjunction with the Exhibition and/or Artwork. ARTIST HEREBY RELEASES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM, AND WAIVES ANY AND ALL RIGHTS TO ANY AND ALL CLAIMS FOR DAMAGES, OR OTHERWISE, IT MAY HAVE WITH REGARD TO LOST, STOLEN AND/OR DAMAGED PROPERTY, MATERIALS, EQUIPMENT AND/OR THE ARTWORK AND ANY OTHER ITEMS ASSOCIATED AND/OR USED IN CONJUNCTION WITH THE EXHIBITION AND/OR ARTWORK. 10. Indemnification. ARTIST SHALL DEFEND, INDEMNIFY, SAVE HARMLESS, AND EXEMPT CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL LAWSUITS, ACTIONS, LEGAL PROCEEDINGS, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS' FEES INCIDENT TO THE PERFORMANCE OF THIS AGREEMENT AND/OR THE SET UP, OPERATION, VIEWING BY THE PUBLIC AND/OR REMOVAL OF THE ARTWORK AND ARISING OUT OF A WILLFUL AND/OR NEGLIGENT ACT AND/OR OMISSION OF THE CITY AND/OR ARTIST, THEIR RESPECTIVE OWNERS, OFFICERS, PARTNERS, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS AND/OR EMPLOYEES. This Paragraph shall survive the termination of this Agreement. 11. Entirety of Agreement, Governing Jurisdiction and Mediation. This Agreement constitutes the entire Agreement between the parties. No modification will be enforceable except in writing and signed by both parties. This 04/19/2016 City Council Approved (7-0) Item 4B-13 Public Art Display and/or Performance Policy Page 10 of 12 Agreement is governed by the laws of the State of Texas. In the event that any dispute arising under this Agreement results in litigation or mediation, such action or proceeding will be brought exclusively with the state court of Tarrant County, Texas. 12. Reference to Artist. When referring to Artist herein, this Agreement shall refer to and be binding upon Artist, his/her agents, representatives, servants, employees, volunteers and assigns. 13. Reference to City. When referring to City herein, this Agreement shall refer to and be binding upon the City of Southlake, its Council Members, officers, agents, representatives, servants, employees and assigns. 14. Compliance with Laws. Artist shall comply with any and all local, state and federal ordinances, rules, laws and regulations, as they currently exist, may be amended or in the future arising. 15. Default. In the event Artist fails to comply with any of the provisions of this Agreement, City shall have the following remedies, in addition to City's other rights and remedies: a. to immediately terminate this Agreement without any liability to City as previously provided herein; and/or b. to require the immediate cessation of the set up, operation and/or removal of the Artwork and/or Exhibition. 16. Miscellaneous Provisions. a. 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. b. Assignment. This Agreement is not assignable without the prior written consent of City. C. Notices. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre- paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. 04/19/2016 City Council Approved (7-0) Item 4B-14 Public Art Display and/or Performance Policy Page 11 of 12 For purposes of notice, the addresses of the parties shall be as follows: If to the Artist: Attn : If to the City of Southlake: Attn: City of Southlake, Public Arts Liaison 1400 Main Street, Suite 210 Southlake, Texas 76092 d. Sovereign Immunity. The parties agree that City has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. e. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the mutual written agreement of the parties hereto. f. Execution. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. g. 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. h. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others 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 hereof. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, as allowed herein. 04/19/2016 City Council Approved (7-0) Item 4B-15 Public Art Display and/or Performance Policy Page 12 of 12 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. k. Miscellaneous Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. Miscellaneous Drafting Provision. 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. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. M. 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. 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. CITY: DATE: City of Southlake, Texas 1400 Main Street, Suite 210 Southlake, Texas 76092 817-748-8019 ARTIST: DATE: 04/19/2016 City Council Approved (7-0) Item 4B-16 2022 Southlake Arts Council Attendance Repoli Place Name 1/25/22 2/22/22 3/22/22 4/26/22 5/24122 6/28122 7/26122 8123/22 9/27122 10/25/22 11/22/22 12/27/22 Attendance Rate " Daley Average Monthly Attendance Rate Meeting Attendance Rate (includes substitutions) 75% 88% 75% In attendance Total Hrs Per Month 1 1.5 1 1.25 1 1 1 1 1 1 1 1 1 1 3.75X I Not in attendance, no substitute 1 I Substitute in attendance _ Meeting Canceled Meeting Canceled due to no quorum Change in Representative