HomeMy WebLinkAboutContract 42466 CITY SECRETARY
CITY OF FORT WORTH CONTRACT NO. �daLA
BANNER PROGRAM MANAGEMENT AGREEMENT
This Banner Program Management Agreement ("Agreement"), authorized as of the M&C
date indicated and effective as of the last date executed by the parties, below, is by and between
the City of Fort Worth, a Texas municipal corporation, acting by and through Fernando Costa, its
duly authorized Assistant City Manager ("City"), and Latin Arts Association of Fort Worth d/b/a
Artes de la Rosa, acting by and through, Jorge Varela, its duly authorized President ("Artes de la
Rosa" or "Contractor"). City and Contractor may be referred to herein individually as a "Party"
or collectively as the"Parties."
ARTICLE I
RECITALS
WHEREAS, on March 12, 1998 the Fort Worth City Council adopted the Banner Policy
and Procedures M&C G-12155 ("Policy"); and
WHEREAS, the Policy governs the installation of vertical banners suspended from rods
and brackets attached to metal street light poles ("Poles") within City Right-of-Way; and
WHEREAS, the Policy permits special agreements with non/not-for-profit organizations
seeking to manage a banner program within a defined area of the City if recommended by the
Director of Transportation and Public Works and the appropriate Council Committee and
authorized by the Fort Worth City Council; and
WHEREAS,Artes de la Rosa is a non/not-for-profit organization; and
WHEREAS, Artes de la Rosa seeks a special agreement with the City of Fort Worth to
manage a banner program in accordance with the Policy; and
WHEREAS, in the interest of time, the Director of Transportation and Public Works
recommended to the City Council that the requirement of the Infrastructure and Transportation
Committee review and recommendation of this Agreement be waived; and
WHEREAS, the City Council agreed to said waiver and authorized the agreement
on via M&C No. C-c_Z5�ag-,.and
WHEREAS, the Parties have reached agreement concerning the management of a banner
program for North Main Street from Northside Drive to NE 23`d Street as more fully set forth
herein.
ARTICLE II.
BANNER PROGRAM MANAGEMENT
1. In accordance with the Policy, Contractor will manage a banner program for vertical banners
on offsite poles within the following boundaries:
North Main Street from Northside Drive to NE 23`d Street
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2. Contractor may suspend vertical banners from rods and brackets attached to metal street light
poles ("Poles") located in the ROW within the boundaries described above to promote an
event/exhibit to be held in the City of Fort Worth and open to public within the parameters
provided by the Policy.
3. City waives all fees associated with Contractor's management of the banner program
contemplated by this Agreement; however, if Contractor charges others fees to participate in
the banner program under this Agreement, those fees cannot exceed those identified in the
Policy.
4. Contractor shall maintain the following insurance coverage during the term of this
Agreement:
A. WORKERS' COMPENSATION INSURANCE: The Contractor shall maintain, during
the life of this Agreement and any extension period, statutory Workers Compensation
Insurance on all of its employees engaged in work under this Agreement and for all
subcontractors unless such subcontractors maintain their own Workers' Compensation
Insurance.
B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure
and maintain during the life of this Agreement and any extension period, a commercial
general liability insurance policy in the amount of not less than $1,000,000.00 covering
each occurrence with an aggregate limit of$2,000,000.00. Such policy shall be endorsed
to name the City as an additional insured.
C. AUTOMOBILE INSURANCE: The Contractor shall procure and maintain, during the
life of this Agreement and any extension period, a comprehensive bodily injury and
property damage automobile liability policy in the amount not less than $1,000,000.00
for each accident. This policy shall cover any automobile used within the scope of this
contract. Such policy shall be endorsed to name the City as an additional insured.
D. INSURANCE REQUIREMENTS: The insurance specified in this Section 4 hereof shall
comply with the following requirements:
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1. The named insured on Contractor's insurance policies shall be Latin Arts
Association of Fort Worth d/b/a Artes de la Rosa.
2. Additional insured on the Contractor's insurance policies listed in paragraphs B
and C shall be the City of Fort Worth.
3. Certificates of Insurance showing the City of Fort Worth as the Certificate Holder
and additional insured and evidencing coverage required in this Agreement shall
be provided to the Director, Department of Transportation and Public Works, City
of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 within 10
days from the date of execution of this Agreement and any failure of the City to
request same shall not be construed as a waiver of such requirement. No banners
shall be installed until documentation of insurance coverage is provided to the
City.
4. A minimum notice of thirty (30 days shall be provided to the City in the event of
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cancellation or non-renewal of policy(s); provided, however, a ten (10) day notice
li shall be acceptable in the event of non-payment of insurance premiums(s). If the
insurance carrier is unable to endorse the policy to provide such notification, it
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shall be an affirmative obligation upon the Contractor to advise the Director of
the Department of Transportation and Public Works of such cancellation or non-
renewal.
5. Insurers of all policies of insurance shall be licensed or otherwise authorized to do
business in the State of Texas and be otherwise acceptable to the City in terms of
financial strength and solvency.
6. Deductible limits of required insurance policies shall be acceptable to the City.
7. Applicable policies shall be endorsed with waiver(s) of subrogation in favor of the
City.
8. The City shall be entitled, upon its request, and without incurring expense, to
review the Contractor's insurance policies including endorsements thereto and, at
the City's discretion, the Contractor may be required to provide proof of
insurance premium payments.
9. The Commercial General Liability insurance policy required of the Contractor
shall have no exclusions by endorsement unless approved in writing by the City.
10. The City shall never be responsible for the cost of any insurance required of the
Contractor.
11. All liability insurance required of the Contractor shall be written on an occurrence
basis as such is authorized in the State of Texas by the State Department of
Insurance and its respective Board.
5. Contractor is responsible for any damage to City property caused by Contractor, its
contractors, subcontractors, employees, agents, visitors or invitees as determined by the
City.
6. The City shall be responsible for repair and replacement of the electrical components of the
Poles as well as repair, and maintenance of the Poles unless said repair, maintenance and/or
replacement is necessitated by Contractor, its contractors, subcontractors, employees, or
agents as determined by the City.
7. Contractor shall be responsible for the painting or repainting and cleaning of the Poles.
8. Contractor is responsible for ensuring that the content of the banners displayed conform to
the Policy.
9. Contractor will advise all approved applicants of the following:
a. Generally, Contractor will cause the installation of the banners contemplated by
this Agreement. However, applicants seeking to cause the installation of banners
by those other than Contractor shall be required to hire contractors who are
licensed and bonded in accordance with City standards and policies to work in the
City's right-of-way to install banners during the allowed hours.
b. The applicant's contractor must provide commercial general liability insurance of
$1,000,000 and $1,000,000 for any auto and obtain a "Street Use Permit" from
T/PW Street Permit Center (311 W. 10`h Street) prior to working in the City's
right-of-way.
c. Banner installation shall occur only between the hours of 9:00 a.m. to 4:00 p.m.
on weekdays and 30 minutes after sunrise and 30 minutes prior to sundown on
weekends.
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10. Either party hereto may give notice in writing of a change of address at least 30 days prior
to the effective date of the change of address. Any notice that is required or may be given
hereunder shall be addressed as follows:
If to the City of Fort Worth:
Director
Transportation and Public Works
1000 Throckmorton
Fort Worth, Texas 76102
If to Contractor:
President
Latin Arts Association of Fort Worth d/b/a Artes de la Rosa
1440 N Main St
Fort Worth,Texas 76164
11. Unless terminated as provided for herein, the term of this Agreement shall be open-ended.
Notwithstanding anything to the contrary, either party hereto may terminate this agreement
for any reason by giving the other party hereto thirty (30) days notice in writing of its
intention to so terminate.
12. Indemnification:
a. Contractor covenants and agrees to, and does hereby, indemnify, hold harmless
and defend the City, its officers and employees,from and against any and all suit or
claims for damages or injuries, including death, to any and all persons or property,
whether real or asserted, arising out of or in connection with any negligent act or
omission on the part of the Contractor, its officers, agents, servants, employees,
contractors, or subcontractors, and the Contractor does hereby assume all liability
and responsibility for injuries, claims or suits for the damages to persons or
property, of whatsoever kind of character, whether real or asserted, occurring
during or arising out of the performance of this Agreement as a result of any
negligent act or omission on the part of the Contractor, its officers, agents,
servants, employees, contractors, or subcontractors. Such indemnification shall
include Worker's Compensation claims of or by anyone whomsoever in any way
resulting from or arising out of the Contractor's work, services and operations in
connection herewith, including operations of subcontractors, if any, and the acts or
omissions of employees or agents of the Contractor.
b. Contractor shall likewise indemnify, defend and hold harmless the City for any and
all injury or damages to City property arising out of or in connection with any and
all negligent acts or omissions of Contractor, its officers, agents, servants,
employees, contractors, subcontractors, licensees, or invitees.
c. Insurance coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of the Contractor under the
terms of this Agreement. Contractor shall procure and maintain, at its own cost and
expense, any additional kinds and amounts of insurance that, in its own judgment,
may be necessary for proper protection in the prosecution of its work.
13. It is expressly understood and agreed that Contractor shall perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or
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employee of the City; that Contractor shall have exclusive control of and the exclusive right
to control the details of the services and work performed hereunder, and all persons
performing the same; and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors; that the doctrine of respondeat superior
shall not apply as between City and Contractor, its officers, agents, employees, contractors,
and subcontractors; and that nothing herein shall be construed as creating a partnership or
joint enterprise between City and Contractor. No person performing any of the work and
services described hereunder shall be considered an officer, agent, servant or employee of the
City.
Executed and agreed to by:
CITY OF FORT WORTH CONTRACTOR: Latin Arts Association of
Fort Worth
de la Rosa
Fernando Costa J�' -
Assistant City Manager Jorge V rela
President
Date
Date
Recommended by:
. W
Douglas iersig,P.E.,Director
Transportation and Public Works
A rov d- s to Form and Legality:
Douglas W.Black,
Assistant City Attorney
ATTEST: Authorization:
"--,\ M&C C - z S 20 L
Marty Hendrix Date: %o-H- I(
City Secretary
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aUb� o OFFICIAL RECORD
2x�� CITY SECRETARY
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTS 11
COUNCIL ACTION: Approved on 10/4/2011
REFERENCE 20ARTES DE LA ROSA
DATE: 10/4/2011 NO.: C-25202 LOG NAME: VERTICAL BANNER
MANAGEMENT AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of an Agreement with Latin Arts Association of Fort Worth for
Management of the City's Vertical Street Banner Program on North Main Street from
Northside Drive to NW 23rd Street and Waive a Banner Policy Requirement of City
Council Committee Recommendation (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Vertical Banner Program Management Agreement with Latin Arts
Association of Fort Worth for management of the City's Vertical Street Banner Program in the near
northside on North Main Street from Northside Drive to NW 23rd Street; and
2. Waive the Banner Policy Requirement of a City Council Committee making a recommendation to
the City Council.
DISCUSSION:
On March 12, 1998, the City Council adopted policy and procedures governing the placement of
banners within the public right-of-way in the City (M&C G-12155) (the Banner Policy).
Latin Arts Association of Fort Worth, informally known as Artes de la Rosa (Artes de la Rosa), has
requested that it be permitted to manage the City's vertical banner program on North Main Street
from Northside Drive to NW23rd Street. Artes de la Rosa will manage the banner program in
accordance with the City's existing Banner Policy. Either party may terminate the Agreement for any
reason upon 30 days' notice.
Artes de la Rosa may use existing metal streetlight/pedestrian poles to promote an event or exhibit
held in Fort Worth and open to the public under the guidelines stated in the Banner Policy. Artes de la
Rosa will be required to maintain insurance in accordance with the Banner Policy. As compensation
for its management services under the Agreement, Artes de la Rosa will charge and retain the fees
j set forth in the Banner Policy from entities requesting banner placement in the right-of-way and Artes
de la Rosa will not be subject to payment of any fees.
The City Council hereby waives the requirement found in the Banner Policy and Procedures of
requiring advance approval and recommendation from the appropriate City Council Committee.
This banner zone is located in COUNCIL DISTRICT 2.
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http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15949&councildate=10/4/2011 10/18/2011
M&C Review Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bT. Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig P.E. (7801)
Additional Information Contact: Randy Burkett P.E. (8774)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=15949&councildate=10/4/2O l l 10/18/2011