HomeMy WebLinkAboutContract 36905 CITY SECRETARIC
0ONTRACT NO.
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF FORT WORTH AND
CARRABBA CONSERATION, INC. CONSERVATOR
This AGREEMENT ("Agreement") is made and entered into by and between THE CITY
OF FORT WORTH, a home rule municipal corporation of the State of Texas (the "City"), acting
by and through Carl Smart, its duly authorized Assistant City Manager and CARRABBA
CONSERVATION, a Corporation (the "Conservator"). The City has designated the ARTS
COUNCIL OF FORT WORTH & TARRANT COUNTY, INC, (the "Arts Council") to manage
this Agreement on its behalf. The Contract Manager shall act through Jennifer Conn, its
designated Public Art Collection Manager(the "Contract Manager").
WHEREAS, the City has established a Public Art Conservation Fund to insure proper
stewardship of the City's Public Art Collection; and
WHEREAS, a member of the Fort Worth Public Art Collection known as Buildings For
Pleasure Grounds Parks & Playgrounds /Fort Worth, Texas an architectural rendering of the
proposed Will Rogers Memorial Complex buildings by Wyatt C. Hedrick & Elmer G. Withers
Architectural Company, Inc. is owned by the City of Fort Worth; and,
WHEREAS, the City is in need of professional conservation services to assist in
assessing the condition of the Artwork and determining potential conservation treatments and the
cost associated with conservation so that the City can maintaining the value, integrity and
authenticity of the Artwork; and
WHEREAS, the City and the Conservator desire to enter into a contract to have such
services for the Artwork;
03-25-08 P01 : 24 IN 1
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
ARTICLE 1
SERVICES
1.1 The Conservator covenants and agrees to fully perform, or cause to be performed, with
good faith and due diligence, a comprehensive report of the overall condition of the
Artwork Services shall be rendered prior to March 10, 2008, and shall include a condition
report describing:
• the condition of the Artwork and any and all types of damage, location and extent of
damage, previous repairs, and suspected reasons for damage.
• an original set of high resolution digital files and jpegs documenting the condition of the
Artwork
• a proposal for treatment and corresponding cost estimate for treatment.
1.2 Conservator shall be responsible for services and all supplies, materials and equipment
necessary to complete Services.
1.3 Upon request by the Conservator, the City shall promptly furnish all information,
materials, and assistance required by the Conservator to the extent that such materials and
assistance are available.
1.4 The Conservator shall notify the City, through its Contract Manager, in writing any
reasons necessary for changes of scope or of any reasonable issues of concern including safety to
the artwork.
1.5 The Conservator shall take all necessary precautions to protect and preserve the integrity
of the Artwork while providing Services.
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ARTICLE 2
TERM& TERMINATION
2.1 This agreement shall commence at the signing of this Agreement, unless terminated
earlier pursuant to such provisions in this Agreement, shall extend until final payment to the
Conservator by City,whichever is later.
2.2 The services to be required of the Conservator set forth in Article 1.1 shall be completed
at submission of all deliverables and request for payment; however, such time limits may be
extended or otherwise modified by written agreement between the Conservator and the City.
2.3 Either party may cancel this Agreement at any time and for any reason by providing the
other party with thirty days written notice of termination. In the event this Agreement is
terminated prior to expiration of the Term, City shall pay Conservator only for Service actually
rendered as of the effective date of termination.
2.4 In the event of termination of the Agreement prior to completion of the Services,
regardless of the reason for such termination, the Conservator shall immediately assign to the
City those contracts relative to the Services entered into between the Conservator and
subcontractors that the City designates in writing. With respect to those contracts assigned to
and accepted by the City, the City will only be required to compensate such subcontractors for
compensation accruing to such parties under the terms of their agreements with the Conservator
from and after the date of such assignment to and acceptance by the City. All sums claimed by
such subcontractors to be due and owing for services performed prior to such assignment and
acceptance by the City will constitute a debt between the Conservator and the affected
subcontractors, and the City will in no way be deemed liable for such sums. The Conservator
shall include in all agreements or contracts entered into with subcontractors a provision
providing for the foregoing,
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ARTICLE 3
FEE AND PAYMENTS
3.1 Services outlined in this Agreement are in accordance with Conservator's hourly rate of
ONE HUNDRED EIGHTY DOLLOARS ($185.00) plus reasonable expenses approved in
advance by the Arts Council with total fee including all reimbursable expenses not to exceed
EIGHT HUNDRED DOLLARS ($800.00)
3.2 Additional services, supplies, rentals, or deliverables not specifically listed in Article 1.1
must be approved in writing in advance of performance and the Conservator will be compensated
for any such additional services or reimbursables in accordance with the "Fee".
3.3 Payment from City to Conservator shall be made on an invoice basis for services
rendered following receipt by City from Conservator of a signed invoice. The invoice shall be
submitted to City no later than the 15th day following the end of the month.
3.4 The City is a tax-exempt organization and no state or local sales taxes or federal excise
taxes shall be due upon the Project. The City shall supply the Conservator with the "Texas Sales
Tax and Local Sales Tax Exemption Certificate," in substantially the same form as that attached
hereto and incorporated herein as Exhibit "A" for use by the Conservator in the fulfillment of this
Agreement.
3.5 The Conservator shall be responsible for the payments of all expenses which are incurred
during the performance of this Agreement, including but not limited to services, materials,
mailing/shipping charges and insurance on submissions to the City, cost of all travel, and costs
for the Conservator's agents, consultants, and/or employees necessary for the proper
performance of the services required under this Agreement.
3.6 Conservator shall make timely payments to all persons and entities supplying labor,
materials, or equipment for the performance of this agreement. THE CONSERVATOR SIIHISALL'1D'
DEFEND AND INDEMNIFY THE CITY AND THE ARTS COUNCIL FROM ANY CLAIMS
OR LIABILITY ARISING OUT OF THE CONSERVATOR'S FAILURE TO MAKE THESE
PAYMENTS.
3.7 The Conservator shall furnish the City an affidavit, attached hereto as Exhibit "C" (the
"Affidavit") certifying that all bills relating to services or supplies used in the performance of
this Agreement have been paid.
ARTICLE 4
INDEPENDENT CONTRACTOR
4.1 Conservator shall operate hereunder as an independent contractor and not as an officer,
agent, servant, or employee of City. Conservator shall have exclusive control of and the
exclusive right to control the details of the Services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, servants, employees, subcontractors and program participants. The doctrine of
respondeat superior shall not apply as between the City and Conservator, its officers, agents,
servants, employees, subcontractors, or program participants, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Conservator. It is
expressly understood and agreed that no officer, agent, employee, or subcontractors of
Conservator is in the paid service of City.
ARTICLE 5
INDEMNIFICATION
(a) CONSERVATOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, THE ARTS COUNCIL AND THE CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND A L_ R'SONS,'W
5 `.? 1'cr�jl➢ U2l�o
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING
OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE,
ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT
AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN;
AND CONSERVATOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF
THE ARTS COUNCIL AND THE CITY AND ITS OFFICERS,AGENTS, SERVANTS,AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS
AGREEMENT AND/OR THE OPERATIONS,ACTIVITIES AND SERVICES DESCRIBED
HEREIN. CONSERVATOR LIKEWISE COVENANTS AND AGREES TO AND DOES
HEREBY INDEMNIFY AND HOLD HARMLESS THE ARTS COUNCIL AND THE CITY
FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR
OMISSIONS OF CONSERVATOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS.
(b) CONSERVATOR AGREES TO AND SHALL RELEASE THE ARTS COUNCIL AND
THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES
FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED BY CONSERVATOR IN CONNECTION WITH OR
INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT.
(c) Conservator shall require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of the Arts Council and the City in substantially the same
form as above.
(d) This Section 5 shall survive the expiration or termination of this Agreement.
il�i�(ri! END
CITY MC-:712HARY
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ARTICLE 6
INSURANCE
6.1 During the term of this Agreement, the Conservator shall procure and maintain at all
times, in full force and effect, a policy or policies of insurance as set forth in Exhibit `B", with
insurers licensed to do business in Texas and acceptable to the City. The Conservator must
furnish a certificate of insurance prior to commencement of Service. The City's Risk Manager
shall have the right to review and evaluate Conservator's insurance coverage and to make
reasonable requests or revisions pertaining to the types and limits of that coverage.
6.2 All policies shall be primary to any other insurance carried by the City or the Arts
Council and shall name the City and the Arts Council as additional insureds.
6.3 The City shall have the right to review and evaluate the Conservator's insurance coverage
and to make reasonable requests or revisions pertaining to the types and limits of that coverage.
The Conservator shall comply which such requests or revisions prior to performing any Services.
ARTICLE 7
PROFESSIONAL STANDARDS &WARRANTIES
7.1 The Conservator represents and warrants that it and its subcontractors, if any, shall
faithfully perform under this Agreement in accordance with the standards of care, skill, training,
diligence and judgment provided by highly competent professionals who perform Services of a
similar nature. The Conservator represents and warrants that the execution of the Services will
be performed in a workman-like manner, and any work performed as part of the Services will be
free of defects in materials and workmanship.
7.2 The Conservator acknowledges and agrees that any and all information (in whatever
form) relating to the business of the City and acquired by the Conservator under or in connection
with this Agreement, or otherwise, is and shall remain, to the extent permitted by law,
confidential information of the City. The Conservator agrees to maintain in confidence and to
refrain, directly or indirectly, from copying, using, transferring, disclosing or exploiting in any
manner any of such confidential information during the term of this Agre rrrent and f9j
termination thereof, for any reason. N� �
7.3 The Conservator, for itself and its officers, agents and employees, further agrees that it
shall treat all information provided to it by the City as confidential and shall not disclose any
such information to any third party without the prior written approval of the City.
ARTICLE 8
MISCELLANEOUS
8.1 Assignment. The Conservator shall not assign or subcontract all or any part of its rights,
privileges or duties under this Agreement without the prior written consent of the Contract
Manager, and any attempted assignment of subcontract of same without such prior written
approval shall be void and constitute a breach of this agreement.
8.2 Compliance with Law. The Conservator, its officers, agents, employees and
subcontractors, shall abide by and comply with all laws, federal, state and local, including all
ordinances, rules and regulations of the City. It is agreed and understood that, if the City calls to
the attention of the Conservator any such violation on the part of the Conservator or any of its
officers, agents, employees or subcontractors, then the Conservator shall immediately desist from
and correct such violation.
8.3 Non-Discrimination. The Conservator, in the execution, performance or attempted
performance of this contract and Agreement, will not discriminate against any person or persons
because of disability, age, familial status, sex, race, religion, color or national origin, nor will the
Conservator permit its officers, agents, employees, or subcontractors to engage in such
discrimination.
This Agreement is made and entered into with reference specifically to Chapter 17, Article III,
Division 3, of the City Code of the City of Fort Worth ("Discrimination in Employment
Practices"), and the Conservator hereby covenants and agrees that the Conservator, its agents,
employees and subcontractors have fully complied with all provisions of same and that no
employee or employee-applicant has been discriminated against by either the Conservator, its
agents, employees or subcontractors.
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8.4. Riaht to Audit. The Conservator agrees that the City shall, until the expiration of three
(3) years after final payment under this Agreement, have access to and the right to examine any
directly pertinent books, documents, papers and records of the Conservator involving
transactions relating to this Agreement. The Conservator agrees that the City shall have access
during normal working hours to all necessary the Conservator facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the provisions
of this section. The City shall give the Conservator reasonable advance notice of intended
audits.
The Conservator further agrees to include in all of its subcontractors agreements hereunder a
provision to the effect that the subcontractors agrees that the City shall, until the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractors involving
transactions to the subcontract, and further that the City shall have access during normal working
hours to all subcontractors facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this paragraph. The City shall give
subcontractors reasonable advance notice of intended audits.
This Section 8.4 shall survive the expiration or termination of this Agreement.
8.5 Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City
in any fiscal period for any payments hereunder, the City will notify the Conservator of such
occurrence and this Agreement shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to the City of any kind whatsoever,
except as to the portions of the payments herein agreed upon for which funds shall have been
appropriated.
8.6 Entire Agreement. This written instrument constitutes the entire agreement by the parties
hereto concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement, which purports to vary from the terms hereof shall
be void.
8.7 Venue and Jurisdiction. Should any action, whether real or asserted, at law or in equity,
arise out of the execution, performance, attempted performance of this Agreement, venue for
said action shall lie in Tarrant County, Texas.
8.8 Notices. All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or
sent by registered or certified mail,return receipt requested, postage prepaid, as follows:
1. CITY OF FORT WORTH: Carl Smart, Acting Assistant City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
(817)392-8518
Copies to: Martha Peters, Public Art Director
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth, Texas 76107
(817)298-3027
and to: Leann D. Guzman,Assistant City Attorney
1000 Throckmorton Street
Fort Worth, Texas 76102
(817) 392-7600
2. CONSERVATOR: Cheryl Carrabba, Director
Carraba Conservation, Inc
9002 Anderson Mill Road
Austin, Texas 78729
8.9 Non-Waiver. The failure of the City or the Conservator to insist upon the performance
of any term or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of the City's or the District's right to assert
or rely upon any such term or right on any future occasion.
8.10 Disclosure of Conflicts. The Conservator hereby warrants to the City that the
Conservator has made full disclosure in writing of any existing or potential conflicts of interest
related to the Conservator's services and proposed services with respect to be Services
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event that any conflicts of interest arise after the Effective Date of this Agreement, the
Conservator hereby agrees immediately to make full disclosure to the City in writing.
The City acknowledges that the Conservator may use products, materials or
methodologies proprietary to the Conservator. The City agrees that the Conservator's provision
of services under this Agreement shall not be grounds for the City to have or obtain any rights in
such proprietary products, materials or methodologies unless the parties have executed a separate
written agreement with respect thereto. Notwithstanding the foregoing, the Conservator
understands and agrees that the City is subject to various public information laws and
regulations, including, but not limited to, the Texas Open Records Act. The Conservator, for
itself and its officers, agents and employees, further agrees that it shall treat all information
provided to it by the City as confidential and shall not disclose any such information to any third
parry without the prior written approval of the City.
8.11 Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
8.12 Force Mqjeure. The City and the Conservator shall exercise their best efforts to meet
their respective duties and obligations as set forth in this Agreement, but shall not be held liable
for any delay or omission in performance due to force majeure or other causes beyond their
reasonable control, including, but not limited to, compliance with any government law,
ordinance or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters,
wars, riots, material or labor restrictions by any governmental authority, transportation problems
and/or any other similar causes.
8.13 Certified MWBE.
If applicable, Conservator shall make its best effort to become a certified Minority/Women
Business Enterprise (M/WBE) firm with a certifying agency whose certification is accepted by
the City under the City's M/WBE ordinance.
8.14 Headings not Controlling_
Headings and titles used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. N z �>> S I,1 r'o 7
8.15 Multiple Counterparts
This Contract may be executed in multiple counterparts, each of which will be deemed an
original,but which together will constitute one instrument.
[SIGNATURES APPEAR ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, the parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas,to be effective as of L(a,JA 16, 20
ATTEST: CITY OF FORT WORTH
aJ3�� By:
Marty Hendri C Sm
City Secretary Acting Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: L02�—,
I
Contract huthorisetioa
on
ssistant City Attornp§ Date
Date:
CONSERVATOR
Bye
Cheryl Carra ba,PfeS d'(+ti -
Carrabba Conservation, Inc
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TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable
items described below or on the attached order or invoice..
Description of Items(or an attached order or invoice)To Be Purchased:
All Items
I claim this exemption for the following reason:
Name of exempt organization: City of Fort Worth
Texas Sales and Use Tax Permit Number 1-75-6000528-6
Project for which materials and supplies are purchased:
I understand that I will be liable for payment of sales tax, which may become due for
failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used..
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know,at the time of the purchase,will be used in a manner other
than that expensed in this certificate and,upon conviction,may be fined up to$500 per
offense.
Tax Exempt Status Due to Being a Governmental Entity
Purchaser: City of Fort Worth
Street Address: 1000 Throckmoxton Street
City,State,Zip Code: Fort Worth.}Texas 76102
Sign Here: Z// Date: 02/07/2007 Phone: (817)_ -8325
e Quy4renL lout Mince hector
This certificate does not require a number to be valid. Sales and use tax "exemption
numbers"or"tax exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate
to the Comptroller of Public Accounts.
I9 Uhl
14 --— ------
PUBLIC ART PROJECTS
INSURANCE REQUIREMENTS
1. Commercial General Liability(CGL)
$1,000,000 Each occurrence
$2,000,000 Aggregate limit
Coverage shall include but not be limited to the following: premises, operations, independent
contractors, products/completed operations, personal injury, and contractual liability. Insurance
shall be provided on an occurrence basis, and be as comprehensive as the current Insurance
Services Office(ISO)policy.
2. Automobile Liability
$1,000,000 Each accident
or
$250,000 Bodily Injury per person
$500,000 Bodily Injury per occurrence
$100,000 Property Damage
A commercial business policy shall provide coverage on "Any Auto", defined as autos owned,
hired and non-owned.
3. Workers'Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease-per each employee
$500,000 Bodily Injury/Disease-policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory
benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev.
Civ. Stat.)and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease
policy limit and $100,000 per disease per employee.
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GENERAL POLICY REQUIREMENTS
• The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured.
Exception:The additional insured requirement does not apply to Workers' Compensation policies.
• Thirty(30)days notice of cancellation or non-renewal.
Example: "This insurance shall not be cancelled or non-renewed, until after thirty (30) days prior
written notice has been given to the City of Fort Worth, except for ten (10) days notice for non-
payment of premium.
• Waiver of rights of recovery(subrogation)in favor of the City of Fort Worth.
• The insurers for all policies must be licensed/approved to do business in the State of Texas. Except for
workers' compensation, all insurers must have a minimum rating of A: VII in the current A. M. Best Key
Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. if the rating is below that required,written approval of Risk Management is required.
• If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability
insurance for any differences is required. Excess Liability shall follow form of the primary coverage.
• "Unless otherwise stated, all required insurance shall be written on an "occurrence basis". If coverage is
written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the
contractual agreement and the certificate of insurance shall state that the coverage is claims made and the
retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement
and for five (5)years following completion of the service provided under the contractual agreement or for
the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall
evidence such insurance coverage.
• The deductible or self-insured retention(SIR) affecting required insurance coverage shall be acceptable to
and approved in writing by the Risk Manager of the City of Fort Worth in regards to asset value and
stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance
pools or risk retention groups,must also approved by the City's Risk Manager.
• The City, at its sole discretion, reserves the right to review the insurance requirements and to make
reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the
City based upon changes in statutory law, court decision or the claims history of the industry as well as of
the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety
(days).
• The City shall be entitled, upon request and without expense, to receive copies of policies and
endorsements thereto and may make any reasonable requests for deletion or revision or modifications of
particular policy terms,conditions, limitations,or exclusions except where policy provisions are established
by law or regulations binding upon either of party or the underwriter on any such policies.
I \IIII�I I "13 �v�u`�l v�Li�1�U✓i!�U
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AFFIDAVIT OF BILLS PAID
Date: G
i
Affiant: �,�, •
Purchaser:
Property:
Affiant on oath swears that the following statement is true:
Affiant has paid each of Affiant's contractors, laborers, and materialmen in full for all labor and materials
provided to Affiant for the construction of any and all improvements on the property. Affiant is not
indebted to any person, firm, or corporation by reason of any such construction. There are no claims
pending for personal injury and/or property damages.
Affian
SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the
fU /f`C�( �C. N
day of , 200
Notary Public, State of Texas
° KATHLEEN M. RUDOLPH k-14 T f-1 L C >✓' r �V /r) L f
Notary Public,State of Texas
M Commission Expires Print Name Y
July 20, 2011
Commission Expires
EXHIBIT"C"
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/25/2007 - Ord. # 17799-09-2007
DATE: Tuesday, September 25, 2007
LOG NAME: 60ARTS PROGRAM REFERENCE NO.: G-15888
SUBJECT:
Authorize Transfer of FY2006-07 Water and Sewer Operating Funds for the Fort Worth Public Art
Program and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $921,284.00 from the FY2006-07 Water and Sewer Operating Fund to the
Specially Funded Capital Projects Fund for the Water Department contribution to public art funding; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Specially Funded Capital Projects Fund in the amount of$921,284.00 from available funds.
DISCUSSION:
On October 2, 2001, (M&C G-13396) the City Council adopted Ordinance No. 14794 creating the Fort
Worth Public Art Program. The purpose of the Public Art Program is to:
• create an enhanced visual environment for Fort Worth residents;
• commemorate the City's rich cultural and ethnic diversity;
• integrate the design work of artists into the development of the City's capital infrastructure
improvements; and
• promote tourism and economic vitality in the City through the artistic design of public spaces.
In accordance with Council policy established in that ordinance, two percent of the annual operating budget
of the Water and Sewer Fund for cash financing of capital projects is allocated for public art in the city. This
two percent is set aside on an annual basis for the Fort Worth Public Art Program. Public art is also funded
via a two percent set aside of General Obligation (GO) bond funds.
Specific art projects in the Fort Worth Art Commission (FWAC)'s Annual Work Plan, as well as projects
noted in the Long-Range Public Art Plan for the 2004 Capital Improvement Program (approved by Council
on May 17, 2005, M&C G-14801) and the Long-Range Public Art Plan for the Water Fund (approved by
Council on May 9, 2006, M&C G-15185) are funded from that set-aside of GO bond and Water and Sewer
Fund capital improvement funds. The FWAC's FY2007-08 Annual Work Plan of specific projects to be
funded will be forthcoming in conjunction with the M&C for the Arts Council's FY2007-08 Fort Worth Public
Art Program management contract.
The Fort Worth Public Art collection represents a significant asset to the City and its citizens; therefore, the
acquisition and display of art works also entails a commitment to maintain and conserve them. Bond funds
cannot be used for such conservation activities. Therefore, to ensure proper stewardship of a growing City
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/8/2008
Page 2 of 2
art collection, a Public Art Conservation Fund, which is to achieve a standing balance equal to 15 percent of
the public art collection's value, was established in FY2005-06, using $200,000 from the Water
Department's annual contribution for Public Art. In addition to the transfer of Water and Sewer Fund
monies for Public Art Program management and public art design / fabrication / installation, this M&C also
serves to add to the established pool of funds for art conservation activities. The proposed FY2007-08 set-
aside for public art conservation activities is $100,000.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations and adoption of the
attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of
the Specially Funded Capital Projects Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
1&21 $821,284.00 1) PE45 538070 0709020 $921,284.00
C291 472045 031989990100
2) $821,284.00
C291 539120 031989990100
1&21 $100,000.00
C291 472045 031889990100
21 $100,000.00
C291 541200 031889990100
Submitted for City Manager's Office by: Libby Watson (6183)
Marc Ott (8476)
Originating Department Head: S. Frank Crumb (8207)
Additional Information Contact: Melissa Ramon (8245)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/8/2008