HomeMy WebLinkAboutContract 45868 l .,
comma
DESIGN CONSULTATION AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND ELISEO GARCIA
This Agreement is entered into this Lday of A(,d - , 2014, by and between the City
,J
of Fort Worth, a home-rule municipal corporation of the State of Texas, acting by and through Fernando
W
Costa, its duly authorized Assistant City Manager, and Eliseo Garcia, located at 3461 Bevann Drive,
Dallas, Texas 75234. City has designated the Arts Council of Fort Worth and Tarrant County, Inc., to
manage this Agreement on its behalf. The Contract Manager shall act through its designated Public Art
collection manager.
WHEREAS, pursuant to Chapter 2, Sections 2-56 through 2-61 of the Fort Worth Code of
Ordinances, the Fort Worth Public Art Program's goals are to create an enhanced visual environment for
Fort Worth residents, to commemorate the City's rich cultural and ethnic diversity, to integrate the design
work of artists into the development of the City's capital infrastructure improvements, and to promote
tourism and economic vitality in the City through the artistic design of public spaces;
WHEREAS, in 2009, the Artist was commissioned by the City of Fort Worth to design and
fabricate a three-dimensional, freestanding, carved limestone sculpture (City Secretary Contract Number
39361) and in 2010 installed the Artwork in Overton Park, a city-owned park operated and maintained by
the City of Fort Worth,located at 3550 Overton Park Drive E; t
WHEREAS, the Fort Worth Art Commission (FWAC) has recommended funds from the Public
Art Fund of the Specially Funded Capital Projects Fund to develop and implement a site design to
improve connectivity between the artwork and the site and increase public engagement, which was
included in the Fiscal Year 2014 Annual Work Plan and Budget adopted by the Fort Worth City Council
on November 12, 2013 as (M&C C-26557) as part of the City's agreement with the Contract Manager for
administration of the public art program;
WHEREAS, the Artist is willing to provide design consultation services to develop design
recommendations to provide for improved connectivity between the artwork and the Site;
WHEREAS, City now desires to contract with Artist to provide design consultation services to
develop design recommendations, and the City may hire the Artist or another entity to fabricate the Work
or for implementation at the Site;
M
WHEREAS, City and Artist wish to set out the terms and conditions under which said design
consultation services to develop design recommendations shall be completed to promote the integrity of
® Artist's ideas and statements as represented by the original Artwork.
NOW, THEREFORE, City and Artist for and in consideration of the covenants and agreements
co, hereinafter set forth, the sufficiency of which is hereby acknowledged, agree as follows:
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 1 of 15
Execution Copy 7/23/14
ARTICLE 1
DEFINITIONS
As used in this Agreement,the following terms shall have the meanings as set forth below:
1.1. Agreement—Means and includes this Agreement between the City of Fort Worth and Artist
for design consultation services.
1.2. Artist—Means and includes Eliseo Garcia.
1.3. Artwork— Means and includes Nature's Essence, a three-dimensional, freestanding, carved
limestone sculpture, more particularly described on Exhibit "A," The Artwork, attached hereto and
incorporated herein by reference for all purposes.
1.4. Contract Manager—Means and includes the Arts Council of Fort Worth and Tarrant County,
Inc.,and its officers,directors,and employees.
1.5. City—Means and includes the City of Fort Worth,Texas.
1.6. Effective Date — Means and includes the date represented in the first paragraph of this
Agreement,which shall be the official date of execution of this Agreement.
1.7.Parties—Means and includes City and Artist.
1.8. Project—Means and includes the provision of design consultation services to develop design
recommendations to provide for improved connectivity between the Artwork and the Site for which
Artist's services are to be provided pursuant to this Agreement.
1.9. Project Stakeholders — Means and includes the appropriate City Council Member(s), and
their appointed community representatives, including Friends of Overton and Foster Park Association,
and the FWAC's appointed representative and others as may be appropriate.
1.10. Site — Means and includes the area surrounding the Artwork in Overton Park located at
3550 Overton Park Drive E, more particularly described in Exhibit "B," Site, attached hereto and
incorporated herein by reference for all purposes.
1.11. Site Design—Means and includes the finished design plan including designs, drawings, and
recommendation of the Artist pertaining to the site in proximity and relation to the Artwork.
1.12. Work— Means implementation of the Site Design based on the Artist's recommendations
that are the subject of this Agreement or any intermediary stage of completion of such work based on the
Site Design that will be installed at Site.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 2 of 15
Execution Copy 7/23/14
ARTICLE 2
CONSULTATION
2.1. Scope of Services and Site Design Review.
a. Within six (6) weeks after the Effective Date, Artist shall meet with the City's Landscape
Architect to develop ideas,methods, and plans to improve connectivity between the Artwork and
the Site to encourage better public engagement. To achieve this, Artist shall, at the very least,
meet with the City's Landscape Architect at least ten (10) hours for the purpose of developing
ideas,methods, and plans to improve connectivity between the Artwork and the Site to encourage
better public engagement. Contract Manager may attend such meetings.
b. Artist understands and acknowledges that City's Landscape Architect will use Artist's design
consultation services and recommendations to create a Site Design.
C. Artist, upon request of Contract Manager, shall consult with City and the Contract Manager's
Public Art Collection Manager to ensure the integrity of Site Design in relation to the Artwork.
d. Artist, upon request of Contract Manager, shall attend and observe meetings with appropriate
City staff for purposes of risk assessment,safety review,and siting of Work.
e. Artist,upon request of Contract Manager, shall coordinate with the City's Landscape Architect to
co-present the City's Landscape Architect's Site Design to project stakeholders for input and the
FWAC for review and approval.
f. City shall notify City's Landscape Architect and Artist of its approval, or disapproval, of the Site
Design within thirty(30)business days of the presentation to the FWAC.
g. If City requires any revisions to the Site Design, the City shall inform City's Landscape Architect
of each revision. City may require Artist to coordinate revisions to the Site Design with the
City's Landscape Architect as City deems necessary in its sole discretion and/or for the Site
Design to comply with applicable statutes, ordinances, or regulations of any governmental
regulatory agency having jurisdiction over the Site for reasons of safety and security.
h. City's Landscape Architect and Artist shall have thirty (30) calendar days from the date City
informed City's Landscape Architect and Artist of the revision(s) to present the revised Site
Design in conformance with City's requirements.
i. If City disapproves of the resubmitted Site Design, any further Site Design resubmissions will be
by mutual agreement of the Parties and subject to the procedures and terms in this Article. If the
Parties desire not to continue with the resubmission process, then this Agreement will
automatically terminate, with payment to the Artist per the payment schedule in Article 3 up
through the date of termination.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 3 of 15
Execution Copy 7/23/14
j. Upon City approval of the Site Design, any revisions made to a City-approved Site Design shall
become part of the Site Design. Artist shall assist the City's Landscape Architect in incorporating
any City-approved revisions into the Site Design in conformance with City's requirements. City's
Landscape Architect and Artist shall provide the Site Design presentation materials to the
Contract Manager to become part of the City's Public Art archive. These documents, models,
and/or drawings will be retained for archival and exhibition purposes.
k. Upon the expiration of the Term (hereinafter defined) of this Agreement, if the Site Design is
accepted by City and funding is appropriated by the Fort Worth City Council, negotiations for
fabrication,delivery, and installation of the Site Design shall commence.
1. Artist shall perform all design consultation services and shall furnish all supplies, materials, and
equipment as necessary for carrying out the Services stated herein. Design consultation services
shall be performed in a professional manner and in strict compliance with all terms and
conditions in this Agreement.
h. For the duration of the Agreement, if Artist intends to seek his own publicity relating to this
agreement, such efforts and/or press releases must be approved, in advance,by Contract Manager
and City.
ARTICLE 3
COMPENSATION FOR
DESIGN CONSULTATION SERVICES
3.1. Compensation.
a. Within thirty (30) calendar days following the approval of the Site Design by the FWAC, City
shall pay Artist an hourly rate of $100.00 per hour for an estimated fifteen (15) hours of design
consultation services. The total amount paid to Artist shall not exceed ONE THOUSAND FIVE
HUNDRED DOLLARS AND NO CENTS ($1,500.00) regardless of the hours actually worked.
Compensation under this section is full consideration for design consultation services under this
Agreement.
3.2 Sales Taxes.
City is a tax-exempt organization and no state or local sales taxes or federal excise taxes shall be due
upon the Project. City shall supply Artist with the "Texas Sales and Use Tax Exemption Certificate,"
attached hereto and incorporated herein by reference for all purposes as Exhibit "C," for use by Artist in
the fulfillment of this Agreement.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 4 of 15
Execution Copy 7/23/14
3.3. Artist's Expenses.
Artist shall be responsible for the payments of all expenses incurred during the performance of this
Agreement, including, but not limited to, services, materials, mailing/shipping charges and insurance on
submissions to City and/or Contract Manager, cost of all travel, and costs for Artist's agents, consultants,
and/or employees necessary for the proper performance of the services required under this Agreement.
ARTICLE 4
TERM AND TERMINATION
4.1. Term.
This Agreement shall be in effect from the Effective Date, and,unless terminated earlier pursuant to such
provisions in this Agreement,shall extend until final payment to Artist by City.
4.2. Gratuities.
City may cancel this Agreement if it is found that gratuities in the form of entertainment, gifts, or
otherwise were offered or given by Artist or any agent or representative to any City or Contract Manager
official or employee with a view toward securing favorable treatment with respect to the awarding,
amending,or making of any determinations with respect to this performance of this Agreement.
4.3. Termination for Convenience.
The services to be performed under this Agreement may be terminated by either party, subject to written
notice submitted thirty (30) calendar days before termination. At the City's sole discretion, City may pay
Artist for services actually rendered up to the effective date of termination, and Artist shall continue to
provide City with services requested by City and in accordance with this Agreement up to the effective
date of termination.
4.4. Termination for Cause.
If either party to this Agreement shall fail to fulfill their obligations in accordance with the terms of this
Agreement, or otherwise violate any of the covenants, agreements, or stipulations material to this
Agreement, then the Parties shall first attempt to resolve any disputes arising from this Article in
accordance with the dispute resolution process set forth in Article 9 of this Agreement. If the Parties
cannot resolve the dispute(s), then the disputing party shall thereupon have the right to terminate this
Agreement upon the delivery of a written"Notice of Termination"specifying the grounds for termination.
Termination of this Agreement under this Article shall not relieve the party in default of any liability for
damages resulting from a breach or a violation of the terms of this Agreement.
ARTICLE 5
WARRANTY OF SERVICE
Artist warrants that his services will be of a professional quality and conform to generally prevailing
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 5 of 15
Execution Copy 7/23/14
industry standards. City must give written notice of any breach of this warranty within thirty (30) days
from the date that the services are completed. In such event, at Artist's option, Artist shall either(a)use
commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,
or(b)refund the fees paid by the City to Artist for the nonconforming services.
ARTICLE 6
INDEMNITY AND RELEASE
6.1. Indemnity.
a General Indemnity.
i. ARTIST COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY,
HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS,
CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING,
BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE),
PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS OF ANY
KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, LOST PROFITS, AND PROPERTY DAMAGE)
AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO
ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF
DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR RESULTING FROM ANY ACTS,
ERRORS, OR OMMISSIONS OF ARTIST AND/OR ARTIST'S OFFICERS, AGENTS,
EMPLOYEES,DIRECTORS,MEMBERS,PARTNERS,AND REPRESENTATIVES IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE,OR NONPERFORMANCE OF THIS AGREEMENT.
ii. Artist agrees to and shall release City of and from any and all claims, demands, debts, liens,
costs, defects, expenses, actions, and causes of action of whatsoever kind or character arising
out of, related to, or resulting from this Agreement and/or Artist's performance under this
Agreement, including, but not limited to, any and all claims for property damage, property
loss,injury,including,but not limited, to death,and/or intellectual property.
b Intellectual Property.
Artist agrees to assume full responsibility for complying with all State and Federal Copyright
Laws and any other regulations, including, but not limited to, the assumption of any and all
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 6 of 15
Execution Copy 7/23/14
responsibilities for paying royalties that are due for the use of other third-party copyrighted works
by Artist. City expressly assumes no obligations, implied or otherwise, regarding payment or
collection of any such fees or financial obligations. City specifically does not authorize, permit,
or condone the reproduction or use of copyrighted materials by Artist without the appropriate
licenses or permission being secured by Artist in advance. IT IS FURTHER AGREED THAT
ARTIST SHALL RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CITY
FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
EXPENSES OF EVERY TYPE AND DESCRIPTION,INCLUDING,BUT NOT LIMITED
TO,ATTORNEY'S FEES,TO WHICH THEY MAY BE SUBJECTED ARISING OUT OF
CITY'S USE OR POSSESSION OF THE SITE DESIGN BY REASON OF AN ALLEGED
OR ACTUAL COPYRIGHT VIOLATION OR OTHER LACK OF OWNERSHIP,
AUTHORSHIP, OR ORIGINALITY. City expressly assumes no obligation to review or obtain
appropriate licensing and all such licensing shall be the exclusive obligation of Artist.
ARTICLE 7
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Title to the Site Design and Copyright Ownership
Artist agrees that all rights, title, and interest to the Site Design,belongs to the City. The Site Design and
any drafts are considered property of the City, without restrictions on future use. Artist agrees that City
shall be the sole owner of any copyright ownership to Site Design or any drafts thereof under the
Copyright Act of 1976, 17 U.S.C. Section 101 et seq., as the sole author of the Artwork for the duration
of the copyright. Artist expressly waives any interest in the Site Design. Artist acknowledges that he will
be prohibited from using the Site Design for any marketing or promotional purposes without the written
consent of the City.
ARTICLE 8
ARTIST AS INDEPENDENT CONTRACTOR
Artist shall perform all work and services 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 work performed hereunder, and all persons performing same, and shall be solely
responsible for the acts and omissions of his/her officers, agents, and employees. Nothing herein shall be
construed as creating a partnership or joint venture between City and Artist, his/her officers, agents, and
employees, and doctrine of respondeat superior has no application as between City and Artist.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 7 of 15
Execution Copy 7/23/14
ARTICLE 9
DISPUTE RESOLUTION
9.1. If either Artist or City has a claim,dispute,or other matter in question for breach of duty,obligations,
services rendered or any warranty that arises under this Agreement, the Parties shall first attempt to resolve
these issues through this dispute resolution process. The disputing party shall notify the other party in writing
as soon as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the
dispute and list the party's specific reasons for such dispute. Within ten(10) business days of receipt of the
notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person
meetings, or other reasonable means to resolve any claim, dispute, breach, or other matter in question that
may arise out of or in connection with this Agreement.
9.2. If the Parties fail to resolve the dispute within sixty (60) calendar days of the date of receipt of the
notice of the dispute,then the Parties shall submit the matter to mediation in accordance with Chapter 154 of
the Texas Civil Practice and Remedies Code and Chapter 2009 of the Texas Government Code, then in
effect. Request for mediation shall be in writing,and shall request that the mediation commence not less than
fifteen(15) or more than forty-five(45)calendar days following the date of request,except upon Agreement
of the Parties. In the event City and Artists are unable to agree to a date for the mediation or to the identity of
a mutually agreed mediator within thirty (30) calendar days following the date of the request for mediation,
then all the conditions precedent in this article shall be deemed to have occurred. The Parties shall share the
mediator's fee and any filing fees equally. Venue for any mediation or lawsuit arising under this Agreement
shall be in Tarrant County,Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction. No provision of this agreement shall waive any immunity or
defense. No provision of this Agreement constitutes consent to sue. If the Parties cannot resolve the dispute
through mediation, then either party shall have the right to exercise any and all remedies available under law
regarding the dispute.
ARTiCI.E 10
EQUAL OPPORi T iNITY
10.1. Artist shall not engage in any unlawful discrimination baaed on race, creed, color,national origin,
sex, age, religion, disability, marital status, citizenship status, sexual orientation or any other prohibited
criteria in any employment decisions relating to this Agreement, and Artist represents and warrants that to
the extent required by applicable laws, it is an equal opportunity employer and shall comply with all
applicable laws and regulations in any employment decisions.
10.2. In the event of Artist noncompliance with the nondiscrimination clauses of this Agreement, this
Agreement may be canceled, terminated, or suspended in whole or in part, and Artist may be debarred
from further agreements with City.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 8 of 15
Execution Copy 7/23/14
ARTICLE 11
MISCELLANEOUS
11.1. Compliance.
Artist shall comply with all Federal, State and City statutes, ordinances and regulations applicable to the
performance of Artist services under this Agreement.
11.2. Entire Agreement
This writing embodies the entire agreement and understanding between the Parties hereto, and there are
no other agreements and understandings, oral or written, with reference to the subject matter hereof that
are not merged herein and superseded hereby.
11.3. Amendments.
No alteration, change, modification or amendment of the terms of this Agreement shall be valid or
effective unless made in writing and signed by both parties hereto and approved by appropriate action of
City.
11.4. Waiver.
No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent
default of any terms,covenants, and conditions of this Agreement. The payment or acceptance of fees for
any period after a default shall not be deemed a waiver of any right or acceptance of defective
performance.
11.5. Governiniz Law and Venue.
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be
construed in accordance with the laws of the State of Texas.
11.6. Successors and Assigns
Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the
other party,and any attempted assignment,sublease or transfer of all or any part hereof without such prior
written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City
and Artist and its respective successors and permitted assigns.
11.7. No Third-Party Leneficiaries
The provisions and conditions of this Agreement are solely for the benefit of City and Artist, and any
lawful successor or assign, and are not intended to create any rights,contractual or otherwise, to any other
person or entity.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 9 of 15
Execution Copy 7/23/14
118 Severability.
If any provision of this Agreement shall be 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.
11.9. Contract Construction.
nd, if it so chooses, its counsel hwe reviewed and revised this
The Parties acknowledge that each party a
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved
against the drafting party must not be employed in the interpretation of this Agreement or any
amendments or exhibits hereto.
11.10. Fiscal Funding Out.
term of this Agreement, the Fort Worth City Council fails to
If, for any reason, at any time during any
lfill its obligations under this Agreement, City may terminate
appropriate funds sufficient for City to fu
this Agreement to be effective on the later of(i) thirty (30) days following delivery by City to Artist of
written notice of City's intention to terminate or(ii) the last date for which funding has been appropriated
by the Fort Worth City Council for the purposes set forth in this Agreement.
11.it Captions.
Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a
part of this Agreement.
11.12. Artist's Address.
Artist shall notify the Contract Manager of changes in address.
11.13. Surviving Covenants.
The covenants and obligations set forth in this Agreement shall not survive the death or legal incapacity
of Artist.
11.14. Right to Audit.
Artist agrees that City will have the right to -"»dit the financial and business records of Artist that relate to
the provision of design consultation services to deveik;design recommendations to provide for improved
connectivity between the artwork and the Site(collectively"Rc cords")at any time during the Term of this
Agreement and for three (3) years thereafter in order to determine compliance with this Agreement.
Throughout the Term of this Agreement and for three (3) years thereafter, Artist shall make all Records
available to City on 1000 Throckrnorton Street, Fort Worth, Texas or at anodic- location in City
acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully
with City during any audit.
Design Consultation Agreement Page 10 of 15
Between the City of Fort Worth and Eliseo Garcia
Execution Copy 7123/14
11.15. Survival Provision.
The provisions contained in Articles 5 (Warranty of Service), 6 (Indemnity and Release), 7 (Ownership
and Intellectual Property Rights), 8 (Artist as Independent Contractor), and 11.14 (Right to Audit) shall
survive the termination or expiration of this Agreement.
11.16. Counterparts and Electronic Signatures
This Agreement may be executed in several counterparts, each of which will be deemed an original, but
all of which together will constitute one and the same instrument. A signature received via facsimile or
electronically via email shall be as legally binding for all purposes as an original signature.
11.17. Time Extensions and Force Mai eure.
The Parties may agree, in writing, to extend or modify any of the time deadlines set forth in this
Agreement. City or Artist, as appropriate, shall grant a reasonable extension of time to the other party if
conditions beyond the parties' control render timely performance of the parties' services impossible or
unexpectedly burdensome. Conditions beyond the parties' control include, but are not limited to, war;
civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences;
fires; strikes; lockouts; national disasters; riots; civil insurrection; material or labor restrictions; labor
strikes; transportation problems; or any other circumstances which are reasonably beyond the control of
the party obligated or permitted under the terms of this Agreement to do or perform the same. The party
suffering the impossibility or burdensome conditions must inform the other`in writing within ten (10)
business days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill
contractual obligations due to conditions beyond either party's reasonable control shall not be considered
a breach of this Agreement; provided, however, that such obligations shall be suspended only for the
duration of such conditions.
11.18. Prohibition Against Subcontracting_
Artist may not subcontract any of the services to be provided under this Agreement.
ARTICLE 12
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: Assistant City Manager
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 11 of 15
Execution Copy 7/23/14
City Manager's Office
City of Fort Worth
1000 Throckmorton Street,Third Floor
Fort Worth,Texas 76102
Copies to: City Attorney
Office of the City Attorney
City of Fort Worth
1000 Throckmorton Street,Third Floor
Fort Worth,Texas 76102
Martha Peters,Vice President,Public Art
Arts Council of Fort Worth&Tarrant County
1300 Gendy Street
Fort Worth,Texas 76107
2. ARTIST Eliseq Garcia
346 evann Drive
Dallas,Texas 75234
IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date.
CITY OF FORT WORTH ELISEO GARCIA
Y:
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Jessica S sv ng
Assistant , t Attorne
d
�
Y
ATTESTED
,
.. n
a
Mat J.K...
r w 4
y ay r d�00 0
City Secretary
AS
Contract Authorization:
No M&C Required
OFFICIAL RECORD
CITY SECRE117MY'
i
Design Consultation Agreement Page 12 of 15
Between the City of Fort Worth and Eliseo Garcia
Execution Copy 7/23/14
Exhibit A: The Artwork
0
r
«n
P r �w�uuwiwrrwwrwewwrw��aiwwwb�u�r
k"
orvo
rP-
�I
r
Nature's Essence (2010), Eliseo Garcia
't AL r,,g JECO
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia -�i� " : Page 13 of 15
Execution Copy 7/23/14
Exhibit B
Site
1, BBVA C
Smm Cmxph
c) 01
net l7rirti wa,M0,
VVow,rj"" aclll�ffll tit 3
t' CIA CLIJ.0 V
ly rlNl,
0y,to,,T,-ill CIT 9 ximnd PA
'71
O
•1,WTo Land Sev
11
Badh IV Appto-1 Qq
a,
r'I 1�k'
Amlw Ilk
V,,"L—Cla"Wallle
Jinn
ManivAl GIMP ovoon t"A 4
Overton Park,3350 Overton Park Drive E.
Design Consultation Agreement Page 14 of 15
Between the City of Foil Worth and Eliseo Garcia
Execution Copy 7123/14
Exhibit C
�`�Of•319(Daek)
�FRJ IRevA•f�$)
Texas Sales and Use Tax Exemption Certification
This certificate does not require a number to be valid.
Nome of purctfaser,rumor agency
City of Fort Worth
--
Address(Sf roeldnumbor,P.O.Box or Route number) Phone(Area corm ondnumbor) -------
1000 Throckmorton street 817-392.8325
Qty,Slate.ZIP code
Fort Worth,Texas 76102
1,the purchaser named above,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)from:
Seller: All Vendors
Stroot address: _ City,State,ZIP code:
Description of items to be purchased or on the attached order or invoice:
All Items
Purchaser claims this exemption for the following reason:
Governmental Municipality
I understand that I will be liable for payment of all slate and local sales or use taxes which may become due for failure to comply with
the provisions of the Tex Code and/or all applicable law,
t understand that it is a criminal o/tense to give on exemption certificate to the seller fortaxable Items that 1 know,at the time of purchase,
will bo usod to a manner otherthon that oxprossod in this conificato,and depondingon the amount of fax evaded,the ofienso mayronge
from a Class C misdemeanor to a felony of the second degree.
Purcnasai..-_ Gale
here Assistant Finance Director 2/26/2014
NOTE: This certificate cannot be Issued for the purchase,lease,or rental of a motor vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID.
Sales and Use Tax"Exemption Numbors"or`Tax Exempt"Numbers do not exist.
This certificate should be furnished to the supplier.
Do nos send the completed certificate to the Comptroller of Public Accounts.
Design Consultation Agreement
Between the City of Fort Worth and Eliseo Garcia Page 15 of 15
Execution Copy 7/23/14