HomeMy WebLinkAboutContract 39702CON RACRENO �3�1�1`�
AGREEMENT FOR SERVICES
EN THE CITY OF FORT WOR `1
TIST/FAB
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting by and
through Fernando Costa, its duly authorized Assistant City Manager, and STEVE TEETERS, an
individual ("Artist"). The City has designated the ARTS COUNCIL OF FORT WORTH &
TARRANT COUNTY, INC, (the "Contract Manager") to manage this Agreement on its behalf
The Contract Manager shall act through its designated Public Art Collection Manager
("Collection Manager").
WHEREAS, the City owns an artwork titled Legacy of the Land.• Rodeo Plaza by Artist
which is located in the historic Northside area of Fort Worth and is
in Exhibit "A" hereto (the "Artwork"); and,
more particularly described
WHEREAS, the east -sited panel of the north gate, an element of the Artwork, was
damaged on or near July 29, 2009, through an act of vandalism, and;
WHEREAS, the City is in need of services to repair the Artwork;, and;
WHEREAS, the Agreement for Commission of Public Art Work between City and Artist
(City Secretary Contract No.35772) states that to the extent practicable, Artist shall be given the
opportunity to make or personally supervise major repairs and restorations and shall be paid a
reasonable fee for any such services; and
WHEREAS, Artist has elected to make the necessary repair to the Artwork pursuant to
the Commission Contract; and
WHEREAS, City and Artist desire to enter into a contract to memorialize the agreement
between the parties relating to the repair of the Artwork by Artist.
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the
at agree as follows:
ARTICLE
SERVICES
1.1 Artist covenants and agrees to fully perform, or cause to be performed, with good faith
and due diligence, all objectives described in Exhibit "B", attached and incorporated herein for
all purposes incident to this Agreement ("Services").
1.2 Existing conditions hidden or concealed and not available for reasonable visual
observation discovered prior to deinstallation of the Artwork will be reported promptly to
Collection Manager prior to commencing further Services.
1.3 Artist shall promptly repair, to a condition reasonably acceptable to the Collection
Manager and the City, any damage caused to property by Artist or its employees, agents or
subcontractors during performance of Services.
ARTICLE 2
TERM &TERMINATION
2.1 Term. Services shall be provided by Artist for a term beginning November 30, 2009 and
ending when City determines the Services are complete, or December 30, 2009, whichever
occurs first.
2.2 Termination. Either party may cancel this Agreement at any time and for any reason by
providing the other parry with thirty k30) days written notice of termination. In the event this
Agreement is terminated prior to expiration of the Term, City shall pay Artist only for Service
actually rendered as of the effective date of termination.
ARTICLE 3
FEE
In consideration of the Services to be performed hereunder by Artist, City promises and agrees to
pay Artist an amount not to exceed FIVE THOUSAND AND NO DOLLARS ($5000.00). The
Fee shall be compensation for all Services. Payment from City to Artist shall be made on an
invoice basis for Services rendered in accordance with Exhibit "B" following receipt by City
th
from Artist of a signed invoice. The invoice shall be submitted to City no later than the 15day
following the end of the month.
ARTICLE 4
INDEPENDENT CONTRACTOR
Artist shall operate hereunder as an independent contractor and not as an officer, agent, servant,
or employee of City. Artist 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 Artist, 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 Artist. It is expressly understood and agreed that no officer, agent, employee, or
subcontractors of Artist is in the paid service of City.
ARTICLE 5
INDEMNIFICATION
(a) ARTIST COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, 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 ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
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EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND ARTIST HEREBY ASSUMES
ALL LIABILITY AND RESPONSIBILITY OF 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. ARTIST LIKEWISE COVENANTS AND
AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS 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 ARTIST, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS.
(b) ARTIST AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY,
DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED BY ARTIST
N CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
AGREEMENT.
(c) Artist 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.
ARTICLE 6
INSURANCE
During the term of this Agreement, Artist shall procure and maintain at all times, in full force
and effect, a policy or policies of insurance that provide the specific coverage set forth in this
Section 6 as well as any and all other public risks related to Artist's performance of its
obligations under this Agreement. Artist shall specifically obtain the following types of
insurance at the following limits:
• Commercial General Liability:
$1,000,000 per occurrence; providing blanket contractual liability insurance products
and completed operations; independent contractor's liability; and coverage for
property damage to City facilities; and
• Automobile Liability:
$1,000,000 per occurrence or accident; including, but not limited to, all vehicles,
whether owned or hired, in use by Artist, its employees, agents or subcontractor; and
• Worker's Compensation/Employer's Liability:
Worker's compensation coverage as required by applicable law; and Employer's
Liability at $100,000 per accident.
Artist shall promptly provide the City with certificates of insurance that verify Artist's
compliance with the insurance requirements of this Agreement. The City's Risk Manager shall
have the right to review and evaluate Artist's insurance coverage and to make reasonable
requests or revisions pertaining to the types and limits of that coverage. Artist shall comply
which such requests or revisions as a condition precedent to the effectiveness of this Agreement.
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ARTICLE 7
MISCELLANEOUS
7.1 Assi ng ment. Artist shall not assign or subcontract all or any part of its rights, privileges
or duties under this Agreement without the prior written consent of City, and any attempted
assignment of subcontract of same without such prior written approval shall be void and
constitute a breach of this agreement.
7.2 Compliance with Law. Artist, 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 City. It is agreed and understood that, if City calls to the attention of Artist any
such violation on the part of Artist or any of its officers, agents, employees or subcontractors,
then Artist shall immediately desist from and correct such violation.
7.3 Non -Discrimination. Artist, 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, national origin, transgender, gender
identity or gender expression, nor will Artist 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 Artist hereby covenants and agrees that Artist, 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 Artist, its agents,
employees or subcontractors.
7.4. Right to Audit. Artist agrees that the City shall, until the expiration of tluee (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 Artist involving transactions relating to
this Agreement. Artist agrees that the City shall have access during normal working hours to all
necessary Artist 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 Artist
reasonable advance notice of intended audits.
Artist 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
y directly pertinent books, documents, papers and records of such subcontractors i
annvolving
transactions to the subcontract, and further that 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. City shall give
subcontractors reasonable advance notice of intended audits.
This Section 7.4 shall survive the expiration or termination of this Agreement.
7.5 Fiscal Funding. In the event no funds or insufficient funds are appropriated by the City
in any fiscal period for any payments hereunder, City will notify Artist 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 City of any kind whatsoever, except as to the portions of
the payments herein agreed upon for which funds shall have been appropriated.
7.6 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.
7.7 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.
7.8 Notices. Notices to be provided hereunder shall be sufficient if forwarded to the
other party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other party shown below:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
Steve Teeters, Artist
719 Buddy Holly Avenue,
Lubbock, Texas, 79401
(817) 392-8518 (806) 741-1590
7.9 Non -Waiver. The failure of City or Artist 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 City's right to assert or rely upon any such term or
right on any future occasion.
7.10 Disclosure of Conflicts. Artist hereby warrants to the City that Artist has made full
disclosure in writing of any existing or potential conflicts of interest related to Artist's services
and proposed services with respect to the Services. In the event that any conflicts of interest
arise after the Effective Date of this Agreement, Artist hereby agrees immediately to make full
disclosure to the City in writing.
7.11 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.
7.12 Force Majeure, The City and Artist 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.
7.13 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.
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[SIGNATiJRES APPEAR ON FOLLOWING PAGE.]
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IN WITNESS WHEREOF, Lite Parties hereto have executed this agreement in multiples in Fort
Worth, Tarrant County, Texas, to be effective as of
('Effective Date"). af:OqY.
ATTEST:
Marty Hendrix � ""`�
City Secretary
NO M&C REQUIRED
APPROVED AS TO FORM AND LEGALITY:
Date: 15 t)
ATTEST:
io
• •: •: Ila
Fernando Costa
Assistant City Manager
Steve Teeters
B�
OFFICIAL RECORD
CITY SECRETARY
FT.
WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Steve Teeters, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of
Steve Teeters and that he executed the same for the purpose and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a$ ' day oece�ber
A.D. 2009.
Notary Public in and for
the State of Texas
Arlo. 0. Madd®K
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that the same was the act of the
City of Fort Worth for the purpose and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND
A.D. 200 Iv
AND SEAL OF OFFICE this
Y IIIII
=g�'� PY� EVONIA DANIELS
"*� '�" MY COMMISSION EXPIRES
'+
tip• July 10.2013
YF
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Notary Public in and for the State of Texas
STEVE TEETERS
2202 EAST BROADWAY
LUBBOCK, TEXAS
79403
806.741.1590
806.787.8874
REPAIR OF RODEO PLAZA GATE
STOCKYARDS FORT WORTH TEXAS
INVOICE #0913
VENDOR #0000023764
PHASE I
TRAVEL........734 MILES ROUND TRIP/ 80CENTS /MILE......587.20
FORKLIFT RENTAL (LONESTAR FORKLIFT)....5 DAYS...........550.00
(THE WEEKLY RENTAL IS THE CHEAPEST
RATHER THAN BY THE DAY)
ROOM AND BOARD PER DAY
FOR STEVE AND JEFF ..5 DAYS AT 250.00/DAY..................1250.00
HYDRAULIC PRESS RENTAL TO STRAIGHTEN GATE............195.00
REPLACEMENT ARM FOR US AUTOMATIC OPENER............1234.00
WELDING SUPPLIES AND REPLACEMENT TUBING...............145.00
SUBTOTAL................................................................................3961.20
PHASE I I
LABOR.......................................................................................1680.00
TOTAL REPAIR........................................................................564L20
THANKS, STEVE TEETERS
IF WE COULD GET THE MONEY FOR PHASE I ,WE CAN GET THE GATE
WORKING AND THEN AFTER THE GATE IS ACCEPTED WE WOULD RECEIVE
THE CHECK FOR PHASE II